HomeMy WebLinkAbout2009/05/20 - MinutesMay 20, 2009
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed
session on Wednesday, May 20, 2009, in the Tapia Room of the Civic Center located at 10500
Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:35 p.m.
by Chairman/PresidenUMayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James
Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D.
Daniels, Redevelopment Agency Director.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Chairman/PresidenUMayor Donald J. Kurth announced the closed session items
B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN
GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY
MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA,
City, Fire
B2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - JR ENTERPRISES, LP V. CITY OF
RANCHO CUCAMONGA -CASE NUMBER RCV 090728 -City
63. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - FREEDOM FROM RELIGION
FOUNDATION, INC V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE
NUMBER 2:08-CV-07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL
DISTRICT OF CA, EASTERN DIVISION -RDA
C. 'PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
No one was present to comment on the closed session item.
D. CONDUCT OF CLOSED":SESSION
Closed session began at 5:35 p.m.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 1 of 15
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
' "F. RECESS
The closed session adjourned at 6:55 p.m. with no action taken.
`.G. REGULAR MEETING
CALL TO ORDER - 7EOO P.M.
COUNCIL CHAMBERS, f
The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center
Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the
meeting to order at 7:06 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James
Markman, City Attorney; Jim Frost, City Treasurer; John Gillison, Deputy City
Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; Kevin McArdle,
Community Services Director; James Troyer, Planning Director; Trang Huynh, Building and Safety
Official; Mark Steuer, Director of Engineering Services; Peter Bryan, Fire Chief; Chief Joe
Cusimano, Rancho Cucamonga Police Department; Debra McKay, Records Manager/Assistant
City Clerk and Shirr'I Griffin, Deputy City Clerk.
H., :ANNOUNCEMENTS/PRESENTATIONS `
H1. Presentation of a Proclamation to the United States Bureau of Census in recognition of the
formation of the City of Rancho Cucamonga Complete Count Committee (CCC) -
DRC2009-00047 Census 2010.
Mayor Kurth presented a Proclamation to Amos Young, Partnership Specialist in recognition of the
formation of the City Complete Count Committee.
H2. Presentation of Proclamation to Cucamonga Valley Water District in recognition of "Water
Awareness Month" May, 2009.
Mayor Kurth presented a Proclamation to Cucamonga Valley Water District Board Member James
Curatalo Jr. in recognition of "Water Awareness Month".
H3. Announcement of the 2009/2010 Season of Performances for the Lewis Family Playhouse
at the Victoria Gardens Cultural Center.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 2 of 15
Susan Sluka-Kelley, Community Services Supervisor, announced the 2009/2010 Season of
Performance for the Lewis Family Playhouse.
I. PUBLIC COMMUNICATIONS
11. Sergio Martinez expressed his support of Councilmember Gutierrez.
12. Jose Carcelen referenced Item L.16 (Citywide Concrete Repair, Tree Removal and Tree
Planting Annual Maintenance Agreement). He noted that two addendums were issued, one of
which specifically stated that two licenses were required. He expressed a concern that the apparent
low bidder did not have both licenses.
13. Guy Eisenbrey noted that the judicial system would determine the appropriate outcome and
spoke about the development of friendships and the appearance of impropriety. He supported
putting the development of the 1,200 acre project on hold.
14. Jerie Lee stressed that no charges have been made and noted the need to wait until the facts
are in before jumping to conclusions.
I5. AI Florez stated that people are innocent until proven guilty.
16. Leslie Grimes expressed concerns with the large campaign contributions being received and
hoped that the investigation would continue until justice is done. She did not support the
development of the 1,200 acre project.
17. Christian Cebullos expressed his support of Councilmember Gutierrez.
18. Jim Moffatt indicated that Councilmember Gutierrez has not been proven guilty and asked that
he be given the benefit of the doubt.
19. Ty Larson expressed his support of Councilmember Gutierrez.
110. John Lyons supported the master aid agreement with ConFire and suggested that the use of
text messaging be incorporated. He referenced the Victoria Gardens master plan amendment and
requested that a traffic study be done to address any future residential parking in the center.
111. Peggy Quinn expressed her support of Councilmember Gutierrez and was disappointed that
negative comments were being made about him.
112. Hilda Phillips noted that if justice needs to be done, the voters would decide. She thanked
Chief Bryan and the Fire Department for their services to the community and commended the
Cucamonga Valley Water District for their beautiful brochure.
113. Jim Frost stressed the importance of an accurate census. He presented a plaque to the City in
appreciation of the support shown for the Run for the Wall XXI.
114. Ian Wagstaff indicated that the Discover Judo Martial Arts Club has been denied use of the
dojo at the Cucamonga Middle School for an interclub tournament and requested assistance in
resolving this concern.
115. Joel Valenzwella expressed his support of Councilmember Gutierrez and requested that the
remaining City Council members refrain from commenting on the matter until it is resolved through
the court system.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 3 of 15
116. Mark Davidson supported the decorum of the meeting. He stressed the need to balance free
speech with the protection of due process.
117. Marcus Solomon expressed his confidence that the matter would be resolved fairly and
appreciated the hard work of all of the City Council members. He urged them to protect open space
and build more skate parks.
118. JoAnn Henkel expressed her support of Councilmember Gutierrez.
119. Thomas Baroudos noted the traffic sign change at the Von's Plaza and the placement of a
three way stop at that location. As there are still faint "STOP" marks on the ground, drivers are
confused.
RECESS:
The meeting was recessed at 8:33 p.m.
RECONVENE:
The meeting was reconvened at 8:56 p.m. with all Agencymembers, Boardmembers and
Councilmembers being present.
Jack Lam, City Manager, recommended that Agenda Item 0.3. (Cancellation of the June 1 and
June 3, 2009 Special Council meetings to discuss proposed 1200 acre project) be added to the
agenda by urgency in light of the County Board of Supervisor's action on Tuesday to terminate the
cooperative agreement. James Markman, City Attorney, indicated that the need to consider
cancelling these meetings arose after the posting of the May 20, 2009 agenda last week.
MOTION: Moved by Williams, seconded by Spagnolo, to add Item 0.3. to the City Council agenda.
Motion carried 5-0.
J. CONSENT CALENDAR-REDEVELOPMENT AGENCY
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Agency at one time without discussion. Any item may be
removed by an Agencymember for discussion.
J1. Approval of Minutes: May 6, 2009 (Regular Meeting)
J2. Approval of Check Register dated April 30 through May 12, 2009, for the total amount of
$1, 872, 003.46.
J3. Approval to receive and file current Investment Schedule as of April 30, 2009.
J4. Approval to increase Contract No. 09-176/RA09-006 in the amount of $37,396.67 to Mega
Way Enterprises, and approve Contract Change Order No. 1 for increasing the block wall
height for the construction of Foothill Boulevard and Etiwanda Sidewalks and Block Walls
project, to be funded from RDA Funds, Acct. No. 2640801-5650/1670640-0 and
appropriate an additional amount of $37,396.67 to Acct. No. 2640801-5650/1670640-0
from RDA Fund balance.
J5. Approval to accept the Epicenter Stadium Seat Replacement Project, Contract No. RA 08-
018 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 4 of 15
Labor and Material Bond and authorize the City Engineer to file a Notice of Completion
and approve the final contract amount of $707,261.10.
RESOLUTION NO. RA 09-007
A RESOLUTION OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE EPICENTER STADIUM SEAT
REPLACEMENT PROJECT, CONTRACT NO. RA 08-018 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE WORK
J6. Approval to accept the Pacific Electric Trail Phase V Improvements, Contract No. 08-093
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 and
approve the final contract amount of $1,135,978.11.
RESOLUTION NO. RA 09-008
A RESOLUTION OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PACIFIC ELECTRIC TRAIL PHASE V
IMPROVEMENTS, CONTRACT NO. 08-093 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
J7. Approval to accept the Epicenter Stadium Handrail Fabrication and Installation Project,
Contract No. RA08-034 as complete, release the bonds, retain the Faithful Performance
Bond to act as a Maintenance Guarantee Bond, and authorize the Interim Public Works
Services Director to file a Notice of Completion and approval the final contract amount of
$19,308.
RESOLUTION NO. RA 09-009
A RESOLUTION OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
EPICENTER STADIUM HANDRAIL FABRICATION AND
INSTALLATION AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Fire Board at one time without discussion. Any item may
be removed by a Boardmember for discussion.
K1. Approval of Minutes: May 6, 2009 (Regular Meeting)
K2. Approval of Check Register dated April 30 through May 12, 2009, for the total amount of
$29,180.99.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 5 of 15
K3. Approval to receive and file current Investment Schedule as of April 30, 2009.
K4. Approval of a Resolution Adopting a Memorandum of Understanding (FD 09-002) between
the Rancho Cucamonga Fire Protection District and the Fire Management Employees
Group for Fiscal Year 2009-10.
RESOLUTION NO. FD 09-017
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE DISTRICT AND FIRE
MANAGEMENT EMPLOYEES RELATIVE TO WAGES, BENEFITS
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
FISCAL YEAR 2009-10
K5. Approval of a Resolution declaring results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 09-2 (RC66 Plaza LLC - APNs 0207-113-23 8 24)
RESOLUTION NO. FD 09-018
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. 85-1, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES
DISTRICT NO. 85-1, ANNEXATION NO. 09-2 AND ORDERING THE
ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 85-1
K6. Approval to renew the existing agreement with Willdan Financial Services (FD 09-002)
(formerly MuniFinancial) in the amount of $14,650 for contract engineering services to
update the County Assessor's tax rolls for Tax Year 2009/10 within Community Facilities
District No. 85-1.
MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
L. CONSENT CALENDAR- CITY COUNCIL-
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Council at one time without discussion. Any item may be
removed by a Councilmember for discussion.
In response to the public comment made regarding Item L.17, James Markman, City
Attorney, indicated that the double license requirement in the addendum was confusing.
Possession of one type of license meets both license requirements.
L1. Approval of Minutes: May 6, 2009 (Regular Meeting)
L2. Approval of Check Register dated April 30 through May 12, 2009, and payroll ending May
12, 2009, for the total amount of $1,831,756.37.
L3. Approval to receive and file current Investment Schedule as of April 30, 2009
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 6 of 15
L4. Approval to authorize the advertising of the "Notice Inviting Bids' for the FY 2009/2010
Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot Resurfacing (Seal
Coat) at Various Locations, to be funded from Prop 42 Traffic Relief Fund, Acct. No.
1190303-5650/1022190-0 for construction of said project.
RESOLUTION NO. 09-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE FY 2009/2010 LOCAL STREET
PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING LOT
RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS, IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L5. Approval for the purchase of five (5) Ford vehicles from Redlands Ford of Redlands,
California, as per request for bid (RFB) #08/09-014 and authorize the expenditure of
$129,308.72, to be funded from Acct. No. 1712001-5604 (Equipment and Vehicle
Replacement Fund).
L6. Approval for the purchase of one (1) Ford E-350 Signal Maintenance Cargo Van from
Downtown Ford of Sacramento, California, as per request for bid (RFB) #08/09-010, and
authorize the expenditure of $67,909.95 to be funded from Acct. No. 1712001-5604
(Vehicle and Equipment Replacement Fund) as approved in the FY 2008-2009 budget.
L7. Approval to purchase seven (7) Traffic Controller Cabinets from Econolite, Inc., of
Anaheim and authorize the expenditure of $239,581.51, to be funded from Acct. No.
1712001-5603 (Equipment/Vehicle Replacement Fund), and appropriate $39,581.51 from
the Equipment/Vehicle Replacement Fund balance.
L8. Approval to purchase seven (7) sets of six (6) 41-AMP and 40 sets of six (6) 51-AMP
traffic signal replacement batteries from Interstate Battery as per request for bid (RFB)
#08/09-012 and authorize the expenditure of $79,711.42, to be funded from Acct. No.
1712001-5200 (EquipmentNehicle Replacement Fund) as approved in the FY 2008-2009
budget.
L9. Approval to award the purchase of one (1) lot of Hewlett Packard printers, plotters,
miscellaneous equipment, and maintenance from Diltex, Inc., in the amount of $134,094
per RFB #08/09-008 and authorize the expenditure of a 10% contingency in the amount of
$13,409, for a grand total of $147,503, to be funded as follows: $10,216 from 1714001-
5200 (Computer Equipment/Technical Replacement Fund -Operations & Maintenance);
$102,252 from 1714001-5215 (Operations & Maintenance/Computer Equipment); $22,713
from 1714001-5300 (Contract Services); and $12,322 from 1714001-5605 (Capital Outlay-
Computer Equipment).
L10. Approval of Community Services Update Report.
L11. Approval to increase Contract No. 09-176/RA09-006 in the amount of $37,396.67 to Mega
Way Enterprises, and approve Contract Change Order No. 1 for increasing the block wall
height for the construction of Foothill Boulevard and Etiwanda Sidewalks and Block Walls
project, to be funded from RDA Funds, Acct. No. 2640801-5650/1670640-0 and
appropriate an additional amount of $37,396.67 to Acct. No. 2640801-5650!1670640-0
from RDA Fund balance.
L12. Approval to accept the bids received, award and authorize the execution of the contract in
the amount of $475,000.00 to the apparent low Bidder, Elite Bobcat Service, Inc. (CO 09-
199), and authorize the expenditure of a 10% contingency in the amount of $47,500 for the
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 7 of 15
Victoria Park Lane Pavement Rehabilitation from Fairmont Way to Rochester Avenue and
from 300' east of Day Creek Boulevard to Base Line Road, to be funded from Proposition
1B Funds, Acct. Nos. 1194303-5650/1686194-02, 1194303-5650/1687194-02 and
1194303-5650/1688194-02.
L13. Approval to accept the bids received, award and authorize the execution of the contract in
the amount of $646,000 to the apparent low bidder, Hardy & Harper, Inc. (CO 09-200), and
authorize the expenditure of a 10% contingency in the amount of $64,600 for the Fiscal
Year 2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, Part 2,
to be funded from Proposition 16 Funds, Acct. No. 1194303-5650/1022194-0 and
appropriate $715,000 to Acct. No. 1194303-5650/1022194-0 from Proposition 1B Fund
balance.
L14. Approval to accept the bids received, award and authorize the execution of the contract in
the amount of $135,211 to the apparent low bidder, Hillcrest Contracting, Inc. CO 09-201),
and authorize the expenditure of a 10% contingency in the amount of $13,521.10 for the
FY 2008/2009 Bus Bay, Driveway and ADA Access Ramp Improvements at Various
Locations, to be funded from Measure "I" Fund and Pedestrian Grant Article 3 Fund, Acct.
No. 1176303-5650/1150176-0 and 1214303-5650/1521214-0, respectively and
appropriate $ $30,040.00 to Acct. No. 1214303-5650/1521214-0 from Pedestrian Grant
Article 3 Fund balance.
L15. Approval to accept the bids received, award and authorize the execution of the contract in
the amount of $341,974 to the apparent low bidder, International Pavement Solutions, Inc.
(CO 09-202), and authorize the expenditure of a 10% contingency in the amount of
$34,197.40 for the Hillside Road Pavement Rehabilitation from West City Limit to Beryl
Street, to be funded from Proposition 1 B Funds, Acct. Nos. 1194303-5650/1682194-0 and
1194303-5650/1713194-0 and appropriate $210,000 to Acct. No. 1194303-5650/1682194-
0 and $210,000 to Acct. No. 1194303-5650/1713194-0 from Proposition 1 B Fund balance.
L16. Approval to accept the bids received, award and authorize the execution of a contract
effective July 1, 2009 through June 30, 2010 with JDC, Inc. (CO 09-203) of Rancho
Cucamonga for the Citywide Concrete Repair, Tree Removal and Tree Planting Annual
Maintenance Agreement, to be funded from Measure "I" Fund 1176303-5300 and
authorize the City Manager or his/her designee to adjust the spending limit of said contract
on an as-needed basis in accordance with the approved Public Works Services
Department Concrete Contract Budget Line 5300, and authorize the City Manager or
his/her designee to renew said contract upon mutual consent for additional one (1) year
periods.
L17. Approval of Improvement Agreement Extension for DRC2005-01060, located at the
southern cul-de-sac terminus of Sierra Madre Avenue (south of Ninth Street), submitted by
National Community Renaissance of California.
RESOLUTION NO. 09-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
DRC2005-01060
L18. Approval to release the Maintenance Guarantee Cash Deposit for DRC2003-00184,
located on the north side of Valley View Street, submitted by Amethyst Estates, LLC.
L19. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for DRC2006-00692,
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 8 of 15
located on the south side of Arrow Route between Pecan Avenue and Hickory Avenue,
submitted by Rancho Arrow Highway, LLC.
RESOLUTION NO. 09-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2006-00692 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L20. Approval to accept the Construction of Traffic Signal Interconnection System at 23
Locations project, Contract No. 08-052 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
$217,718.19.
RESOLUTION NO. 09-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF
TRAFFIC SIGNAL INTERCONNECTION SYSTEM AT 23 LOCATIONS
PROJECT, CONTRACT NO. 08-052 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
L21. Approval to accept the Pacific Electric Trail Phase V Improvements, Contract No. 08-093
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 and
approve the final contract amount of $1,135,978.11.
RESOLUTION NO. 09-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PACIFIC ELECTRIC
TRAIL PHASE V IMPROVEMENTS, CONTRACT NO. 08-093 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE WORK
L22. Approval to release the Letter of Credit for Parcel Map 16951, located on the west side of
Hellman Avenue, approximately 1,100 feet of north of Church Street, submitted by Reiny
and Diane Schneider.
MOTION: Moved by Michael, seconded by Spagnolo, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
M. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time of first reading. Second
readings are expected to be routine and non-controversial. The Agency, Fire Board, or
Council will act upon them at one time without discussion. The City Clerk will read the
title. Any item can be removed for discussion by an Agencymember, Boardmember, or
Councilmember.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 9 of 15
M1.
ENTERPRISES. INC. - A proposed amendment to the text of the Victoria Community Plan
to accommodate changes to the Victoria Gardens Master Plan (VGMP) and to clarify that
the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional
Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho
Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day
Creek Boulevard to the west and Interstate I-15 tc the east. Related Files: Environmental
Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria
Arbors Master Plan Amendment DRC 2009-00146, Victoria Gardens Master Plan
Amendment DRC2009-00145 and Development Agreement Amendment DRC2008-
00385. (M1 - M4 were considered together)
ORDINANCE NO. 813 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY
PLAN AMENDMENT DRC2008-00383 CHANGING THE RESIDENTIAL
AND COMMERCIAL STANDARDS AND MODIFYING VARIOUS TEXT
IN THE COMMUNITY PLAN TO ACCOMMODATE THE AMENDED
VICTORIA. GARDENS MASTER PLAN ON APPROXIMATELY 174
ACRES OF LAND AND IS GENERALLY BOUNDED BY CHURCH
STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH,
I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST,
AND MAKING FINDINGS IN SUPPORT THEREOF.
MOTION: Moved by Williams, seconded by Spagnolo, to adopt Ordinance Nos. 813 for second
reading. Motion carried 5-0.
M2.
VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 -FOREST CITY
ENTERPRISES. INC.- A proposed amendment to the Victoria Gardens Master Plan
(VGMP) modifying "Permissible Building Areas" to reallocate Dwelling Unit and
Commercial Office square footage, increase the average building heights and change
building setback requirements within the Main Street Area, and clarifying permitted and
conditionally permitted uses within the VGMP, located in the eastern portion of the City of
Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the
north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files:
Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-
00384, Development Agreement Amendment DRC2008-00385, Victoria Community Plan
Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146.
(M1 - M4 were considered together)
ORDINANCE NO. 814 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS
MASTER PLAN AMENDMENT DRC2009-00145 MODIFYING THE
MASTER PLAN TO ALLOW RESIDENTIAL USES IN THE MAIN
STREET AREA, INCREASE THE AVERAGE HEIGHT IN THE MAIN
STREET AREA TO 120 FEET, WITH A MAXIMUM OF 160 FEET,
AMEND THE BUILDING SETBACK REQUIREMENTS FOR THE MAIN
STREET AREA, AND CLARIFY PERMITTED AND CONDITIONALLY
PERMITTED USES, GENERALLY BOUNDED BY CHURCH STREET
TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO
THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND
MAKING FINDINGS IN SUPPORT THEREOF
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 10 of 15
M3. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND
VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 -FOREST CITY
ENTERPRISES. INC - A proposed amendment to the text of the Victoria Arbors Master
Plan to include references to the VGMP and clarify that the VGMP shall control the land
uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center,
located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill
Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and
Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381,
General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment
DRC2008-00383, Victoria Gardens Master Plan Amendment DRC2009-00145, and
Development Agreement Amendment DRC2008-00385. (M1 - M4 were considered
together)
ORDINANCE NO. 815 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS
MASTER PLAN AMENDMENT DRC2009-00146 MODIFYING THE
TEXT OF THE MASTER PLAN TO MAKE IT CONSISTENT WITH THE
AMENDMENTS TO THE VICTORIA GARDENS MASTER PLAN
PROPOSED BY DRC2009-00145, GENERALLY BOUNDED BY
CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO
THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO
THE WEST: AND MAKING FINDINGS IN SUPPORT THEREOF
M4.
DEVELOPMENT AGREEMENT AMENDMENT DRC2008-00385 - FOREST CITY
ENTERPRISES. INC. - A proposed amendment to Development Agreement DA01-02 to
incorporate General Plan Amendment DRC2008-00384; Victoria Community Plan
Amendment DRC2008-00383; Victoria Arbors Master Plan Amendment DRC2009-00146
and Victoria Gardens Master Plan Amendment DRC2009-00145 into the vested rights
applicable to the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the
eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the
south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to
the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan
Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383,
Victoria Arbors Master Plan Amendment DRC 2009-00146, and Victoria Gardens Master
Plan Amendment DRC2009-00145. (M1 - M4 were considered together)
ORDINANCE NO. 816 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE THIRD AMENDMENT
TO DEVELOPMENT AGREEMENT 01-02 FOR THE DEVELOPMENT
OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH
STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH,
I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST,
INCORPORATING AMENDMENTS TO THE GENERAL PLAN,
VICTORIA COMMUNITY PLAN, VICTORIA ARBORS MASTER PLAN,
AND VICTORIA GARDENS MASTER PLAN; AND MAKING FINDINGS
IN SUPPORT THEREOF
MOTION: Moved by Michael, seconded by Williams, to adopt Ordinance Nos. 814, 815 and 816 for
second reading. Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 11 of 15
N. ADVERTISED PUBLIC HEARINGS
FIRE PROTECTION DISTRICT
The following items have been advertised and/or posted as public hearings as required
by law.
It is recommended that the following two items (N1& N2)
be continued to June 3, 2009.
N1. CONSIDERATION OF FIRST READING OF AN ORDINANCE CONTINUING THE
ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2009/10 IN MELLO ROOS
COMMUNITY FACILITIES DISTRICT NO. 85-1.
ORDINANCE NO. FD 48 (first reading)
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF THE
SPECIAL TAX IN MELLO-RODS COMMUNITY FACILITIES DISTRICT
NO. 85-1 FOR FISCAL YEAR 2009/10
N2.
RESOLUTION NO. FD-019
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL
TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL
YEAR 2009/10
Jack Lam, City Manager, recommended that the public hearings for Items N1 and N2 be continued
to June 3, 2009.
MOTION: Moved by Michael, seconded by Spagnolo, to continue the public hearings for N1 and
N2 to June 3, 2009. Motion carried 5-0.
~. CITY MANAGER'S STAFF. REPORTS
The following items have no legal publication or posting requirements.
01.
Mike Bell, Deputy Fire Chief, and John Gillison, Deputy City Manager/Administrative Services,
presented the staff report.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 12 of 15
In response to Councilmember Gutierrez, John Gillison, Deputy City Manager/Administrative
Services spoke about the cost saving benefits of joining a Joint Powers Authority. Chief Bell
addressed the longstanding goal to provide emergency medical dispatch services and believed that
this would improve services to the community.
In response to Mayor Kurth, Chief Bell indicated that EMS has been in use for many years.
Recently, he indicated that CONFIRE has started using it. Also discussed was the impact to the
Department in terms of training and change in procedures.
Mayor Pro Tem Michael appreciated the benefits of this agreement and looked forward to providing
a greater level of service using the EMS system. Councilmember Williams concurred.
Councilmember Spagnolo thanked the Council for their commitment to public safety.
Councilmember Gutierrez expressed appreciation to the Fire Department and to the City of Ontario
for their services. Mayor Kurth noted that the transition to EMS will save people's lives.
MOTION: Moved by Spagnolo, seconded by Williams, to approve the master agreement for
emergency communications and Fire/EMS Dispatch Services with Consolidated Fire Agencies of
the East Valley. Motion carried 5-0.
02. APPROVAL OF A RESOLUTION FINDING A SEVERE FISCAL HARDSHIP WILL EXIST
RELATED TO STATE BUDGET CRISIS
RESOLUTION NO. 09-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FINDING A SEVERE FISCAL
HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX
FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES
ARE ADOPTED BY THE STATE OF CALIFORNIA
Josh Torres, City Manager's Office Intern, presented the staff report.
Mayor Pro Tem Michael expressed a concern with the State's ongoing budget crisis. He noted that
the State is constantly broke and seems unable to fix the problem. There is no guarantee that
additional funds will not be needed next year. Mayor Pro Tem Michael suggested that an icon be
placed on the City's Internet site so that residents can see the Resolution urging the State not to
seize any more City property tax funds.
Councilmember Williams urged residents to contact their legislators with this concern.
Councilmember Spagnolo noted that the League of California Cities is sponsoring a trip to
Sacramento on June 3, 2009 to relay this concern to State leaders.
MOTION: Moved by Michael, seconded by Gutierrez, to adopt Resolution No. 09-090 finding a
severe financial hardship will exist if additional City property tax funds are seized and additional
unfunded mandates are adopted. Motion carried 5-0.
0.3. Cancellation of the June 1 and June 3, 2009 Special Council meetings to discuss proposed
1200 acre project -Added by Urgency
Jack Lam, City Manager, reported that on May 19, 2009, the San Bernardino County Board of
Supervisors terminated the Cooperative agreement with the City on the proposed 1,200 acre
project. Therefore, he recommended that the City Council cancel the previously scheduled June 1~`
and June 3rtl meetings to discuss responses to a previously issued Request for Qualifications and
to make a recommendation to the Board of Supervisors.
MOTION: Moved by Williams, seconded by Gutierrez, to eliminate these two meetings. Motion
carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 13 of 15
. P. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
P1. DIRECTOR'S REPORT REGARDING THE LACK OF ACCESS TO A SIDE YARD FOR
MAINTENANCE PURPOSES ON A PROPERTY LOCATED AT 6412 EAGLE PEAK
PLACE WITHIN THE CARYN PLANNED COMMUNITY
James Troyer, Planning Director, and Trang Huynh, Building and Safety Official, presented the staff
report.
In response to Mayor Pro Tem Michael, James Markman, City Attorney indicated that if the new
homeowner does not provide access, they would be violating the neighbor's property rights.
In response to Councilmember Gutierrez, Trang Huynh, Building and Safety Official, stated that a
letter had been sent to the realtor in order to obtain a key and put them on notice of the problem.
Mr. Huynh indicated that he has been promised a key by the end of this week. He had also
contacted the utility companies in the hope that they might be able to help.
Christian Nelson from Southern California Edison indicated that the provision of the California
Utilities Code requires clear and unfettered access. He stated that he would look into this matter
further.
Karen Pusatori and Sergio Martinez provided photographs of the home and the gate. Ms. Pusatori
noted that the neighbors in the surrounding area do not need to access someone's private back
yard to reach their utilities. She requested that the gate be removed.
Mr. Martinez indicated that the Planning Department approved the plans to build a dividing wall on
a zero lot line property. This approval was done without researching the CC&Rs on the property. He
requested that the Department acknowledge the defect in the approval and require the homeowner
to remove the gate. For a long term solution, Mr. Martinez suggested among other things that staff
review applicable CC&Rs, make sure that any structural improvements do not violate Penal Code
Section 420.1 and that the Municipal Code be amended to address this matter.
In response, James Markman, City Attorney, indicated that the City's obligation was to ensure
compliance with building codes. The City can not enforce CC&Rs nor require removal of the gate.
He suggested that Ms. Pusatori and Mr. Martinez work with the future homeowner to move the gate
back.
James Troyer, Planning Director, noted that safeguards are being put in place to avoid this type of
situation from occurring in the future.
Mayor Pro Tem Michael noted that Ms. Pusatori will be provided a key while the home is vacant
and indicated that the realtor will be encouraged to allow access or more the fencing around.
Councilmember Gutierrez encouraged staff to work on an Ordinance to prevent this type of
situation from happening in the future.
P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo commented on his attendance at the National Police Week Blue Ribbon
Breakfast. He provided photographs of the water tour offered by the Cucamonga Valley Water
District.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 14 of 15
Councilmember Gutierrez thanked the Friends of the Pacific Electric Trail for the Cucamonga
Challenge. He expressed his appreciation of the residents who attended the meeting tonight and
spoke in his support. He requested everyone's patience w_ hile he resolved the civil dispute with his
former employer.
In response to Mayor Pro Tem Michael, City Manager Jack Lam spoke about the importance of
obtaining an accurate census count.
Councilmember Williams thanked the Friends of the Pacific Electric Trail for the very successful
Cucamonga Challenge.
Mayor Kurth thanked the audience for maintaining decorum during the public communications
period. He indicated that he welcomed fhe opportunity to meet with residents and promised to keep
spending within reason.
,.....
Q. IDENTIFICATION, OF ITEMS FOR NEXT MEETING
No items were identified.
R. • ADJOURNMENT
Mayor Kurth adjourned the meeting at 10:30 p.m.
Respectfully submitted,
I 1 ~, ~,-,
De ra L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: June 3, 2009
Redevelopment Agency, Fire Protection District, City Council Minutes
May 20, 2009 -- Page 15 of 15