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HomeMy WebLinkAbout2009/06/15 - Minutes - SpecialJune 15, 2009 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES REDEVELOPMENT AGENCY MINUTES FIRE PROTECTION DISTRICT MINUTES SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council, Redevelopment Agency and Fire Protection District was held on Monday, June 15, 2009, in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro TemNice Chairman/Vice President L. Dennis Michael called the meeting to order at 6:00 p.m. Present were Councilmembers/Agencymembers/Boardmembers: Rex Gutierrez, Sam Spagnolo and Mayor Pro TemNice ChairmanNice President L. Dennis Michael. Mayor/Chairman/President Donald J. Kurth, M.D. and Councilmember/Agencymember/Boardmember Diane Williams were absent. Also present were: Jack Lam, City Manager/Executive Director; Linda D. Daniels, Redevelopment Director; James Frost, City Treasurer; John Gillison, Deputy City Manager/Community Development; Tamara Layne, Finance Director; Robert Karatsu, Library Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Mark Steuer, Director Engineering Services/City Engineer; Bill Wittkopf, Public Works Services Director; Fabian Villenas, Principal Management Analyst; Kathy Scott, Deputy City Clerk; and Debra L. McKay, Assistant City Clerk/Records Manager. B. PUBLIC COMMUNICATIONS No communication was made from the public. Jack Lam, City Manager, recommended that Agenda Item H.2. (A Resolution Authorizing the City Attorney to Cooperate with the League of California Cities, other Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance (HUTA) Funds) be added to the agenda by urgency in light of the Joint Budget Conference Committee's endorsement of the proposed seizure of these funds. He indicated that the need to consider this Resolution arose after the posting of the June 15, 2009 agenda last week. MOTION: Moved by Spagnolo, seconded by Gutierrez, to add Item H.2. to the City Council agenda. Motion carried unanimously. Mayor Kurth and Councilmember Williams were absent. C. CONSENT CALENDAR-REDEVELOPMENT AGENCY C1. PROJECT AREA Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 1 of 8 RESOLUTION NO. RA 09-011 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING ITS RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD C2. CONSIDERATION TO ADOPT THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S ANNUAL BUDGET FOR FISCAL YEAR 2009/10 RESOLUTION NO. RA 09-012 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, CALIFORNIA, ADOPTING THE AGENCY'S FISCAL YEAR 2009/10 BUDGET C3. APPROVAL OF ANNUAL LOAN TRANSACTION BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, AND SETTING THE INTEREST RATE ON THE LOAN. AS WELL AS INTER-FUND LOANS MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. Chairman Kurth and Agencymember Williams were absent. D. CONSENT CALENDAR-FIRE PROTECTION DISTRICT D1. APPROVAL OF A RESOLUTION TO REAFFIRM THE LEVEL OF FISCAL RESERVES FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RESOLUTION NO. FD 09-024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, REAFFIRMING THE LEVEL OF FISCAL RESERVES FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT D2. APPROVAL OF A RESOLUTION ADOPTING THE NEW SALARY RESOLUTION FOR FIRE DISTRICT EMPLOYEES FOR FISCAL YEARS 2009 - 2010 (P13) RESOLUTION NO. FD 09-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULE FOR FISCAL YEAR 2009 - 2010 MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. President Kurth and Boardmember Williams were absent. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 2 of 8 E. CONSENT CALENDAR-CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the City Council at one time without discussion. Any item may be removed by a Councilmember for discussion. E1. APPROVAL OF A RESOLUTION IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445 WHICH AUTHORIZES THE REDEVELOPMENT AGENCY TO EXPEND FUNDS FOR LAND AND PUBLIC IMPROVEMENTS THAT ARE OF BENEFIT TO THE PROJECT AREA RESOLUTION NO. 09-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD E2. APPROVAL OF A RESOLUTION TO REAFFIRM THE LEVEL OF FISCAL RESERVES FOR THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. 09-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REAFFIRMING THE LEVEL OF FISCAL RESERVES FOR THE CITY OF RANCHO CUCAMONGA E3. APPROVAL C CUCAMONGA SETTING THE E4. APPROVAL OF A RESOLUTION ADOPTING THE NEW SALARY RESOLUTION FOR CITY EMPLOYEES FOR FISCAL YEAR 2009 - 2010 RESOLUTION NO. 09-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULE FOR FISCAL YEAR 2009-2010 INCLUDING CITY COUNCIL BENEFITS. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. Mayor Kurth and Councilmember Williams were absent. F. ADVERTISED PUBLIC HEARING FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. F1 Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 3 of 8 RESOLUTION NO. FD 09-026 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A REVISED FEE SCHEDULE FOR INSPECTION FEES AND PERMIT FEES, AND RESCINDING SECTION 2 AND SECTION 3 OF RESOLUTION NO. FD 06-015 A staff report was presented by Jack Lam, City Manager/Secretary. In response to Boardmember Gutierrez, Mr. Lam confirmed that the revised fee schedule was reflected in the proposed Fire Protection District budget for Fiscal Year 2009/10. Boardmember Gutierrez inquired about the permitting requirements for a church that uses candles in their services. In response, Chief Bryan indicated that all public assemblies are required to be inspected and receive permits. Churches are not charged for an open flame permit. Boardmember Gutierrez inquired about the fee requirement for anon-profit school district organization that holds an assembly with sparklers. In response, Chief Bryan stated that no fees are charged to a public school that wishes to hold an assembly. However, if a special event was held, there would be an inspection and the appropriate fee would be charged. Boardmember Gutierrez indicated that he understood the need for the fee; however, he expressed a concern with the impact to businesses in light of the economic crisis. Vice President Michael noted that churches may have been charged a fee for using candles in the past, but now they are not. He stressed that no fees are being increased and noted that some fees are being lowered. Chief Bryan concurred, indicating that of the 124 inspection fees, 50% will be reduced. There are some new categories in the Fire Code for which fees will be established. There are no fee increases. Boardmember Gutierrez indicated that if a business had not previously been inspected, they would believe that this is a new fee. The concern was the impact to businesses from fees which have not previously been imposed. Vice President Michael opened the public hearing. With no one wishing to speak, Vice President Michael closed the public hearing. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve Resolution No. FD 09-026. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G. CITY MANAGER'S STAFF REPORTS-FIRE PROTECTION DISTRICT The following items have no legal publication or posting requirements. G1. A staff report was presented by Jack Lam, City Manager/Secretary. In response to Vice President Michael, Mr. Lam addressed the adoption of the Fire Protection District budget as well as the Redevelopment Agency and City budgets. None of these budgets reflect a decrease in existing service levels; however, there were challenges in each of these budgets and Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 4 of 8 everyone has done a great job in working together to identify and cut costs. Mr. Lam indicated that five of the labor groups have agreed to a 0% cost of living adjustment this year. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve staff's recommendation. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G2. ADOPTION OF FISCAL YEAR 2009/10 GENERAL FUND'S ARTICLE X111B APPROPRIATIONS LIMIT RESOLUTION NO.FD 09-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Gutierrez, seconded by Spagnolo to adopt Resolution FD 09-027. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G3. CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING AN ANNUAL BUDGET IN THE AMOUNT OF $5,843.540 FOR FISCAL YEAR 2009/10 IN COMMUNITIES FACILITIES DISTRICT NO. 85-1 RESOLUTION NO. FD 09-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Spagnolo, seconded by Gutierrez to adopt Resolution FD 09-028. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G4. CONSIDERATION OF APPROVAL OF A RESOLUTION ESTABLISHING THE MAXIMUM TAX WHICH COULD BE LEVIED IN COMMUNITIES FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 RESOLUTION NO. FD 09-029 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE MAXIMUM SPECIAL TAX WHICH COULD BE LEVIED IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Spagnolo, seconded by Gutierrez to adopt Resolution FD 09-029. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G5. CONSIDERATION OF ADOPTION OF FISCAL YEAR 2009/10 ARTICLE XIIIB APPROPRIATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT (CFDI NO. 85-1 Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 5 of 8 RESOLUTION NO. FD 09-030 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION A staff report was presented by Jack Lam, City Manager/Secretary. MOTION: Moved by Gutierrez, seconded by Spagnolo to adopt Resolution FD 09-030. Motion carried unanimously. President Kurth and Boardmember Williams were absent. G6. CONSIDERATION OF ADOPTION OF RESOLUTIONS ADOPTING A BUDGET IN THE AMOUN' RESOLUTION NO. FD 09-031 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING AND ADOPTING A BUDGET FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 RESOLUTION NO. FD 09-032 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING APPROPRIATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 A staff report was presented by Jack Lam, City Manager/Secretary. Vice President Michael indicated that the appropriations limit is more than the adopted budget. While the appropriations limit sets the amount that can legally be spent, the budget reflects the actual amount to be appropriately spent. MOTION: Moved by Gutierrez, seconded by Spagnolo to adopt Resolution FD 09-031 and FD 09-032. Motion carried unanimously. President Kurth and Boardmember Williams were absent. H. CITY MANAGER'S. STAFF REPORTS-CITY COUNCIL H1. ADOPTION OF FISCAL YEAR 2009/2010 BUDGET AND ARTICLE XIII-B APPROPRIATIONS LIMIT RESOLUTION NO. 09-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE CITY'S FISCAL YEAR 2009/2010 BUDGET Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 6 of 8 RESOLUTION NO. 09-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 2009/2010 A staff report was presented by Jack Lam, City Manager. Mr. Lam commented on the State budget crisis. He noted that the initial concern was the State "borrowing" $3.3 million dollars in property tax revenues. The item added by urgency as Item H.2. addresses the potential loss of $2.8 million from the Highway Users Tax Account (HUTA). There is also a concern that the initial attempt to take $6 million in Redevelopment funds that was overturned in court will resurface. While everyone has worked hard to identify cuts and to help balance the budgets, Mr. Lam noted that our work will not be done if any of these actions comes to fruition. Councilmember Spagnolo noted that Senator Dutton and Assemblymember Emmerson understand the potential negative impact to local government and are holding the line. However, he expressed a concern that same of the legislature has not learned their lesson. Mayor Pro Tem Michael thanked the City Manager and staff for their hard work. He noted that the City has a history of being frugal and careful and addressed some of the measures that have been taken to help balance the budget. He appreciated the hard work being done to hold the line. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the Resolution Nos. 09-126 and 09- 127. Motion carried unanimously. Mayor Kurth and Councilmember Williams were absent H2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS A staff report was presented by Fabian Villenas, Principal Management Analyst Councilmember Spagnolo noted that the City is not alone in this battle, as we will be joined by numerous cities and counties who have similar concerns. In response to Councilmember Gutierrez, discussion was held regarding the timing of this action. Staff does not know when the legislature will actually adopt a budget or what the actual impact to the City might be. Councilmember Gutierrez inquired if litigation would postpone the transference of the money to the State. Mayor Pro Tem Michael noted that the California Redevelopment Association recently prevailed against the State's proposal to use local redevelopment funds. So now they are looking at a different pocket to raid. He stated that the State should recognize that they are wrong in trying to take money from local government. Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 7 of 8 RESOLUTION NO. 09-137 In response to Councilmember Gutierrez, Mr. Lam noted that the State collects the gas tax and then distributes the funding. E. ADJOURNMENT The meeting adjourned at 6:50 p.m. R pectfully submitted, -'~ ~ D bra L. McKay, MMC Assistant City Clerk/Records Manager Approved: July 1, 2009 Special City Council/Redevelopment Agency/Fire Protection District Meeting June 15, 2009 -Page 8 of 8