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HomeMy WebLinkAbout2009/06/17 - MinutesJune 17, 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, June 17, 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 5:15 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; 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: 1. 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 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY OWNED BY STERLING SAVINGS BANK, LOCATED AT 8462, 8410 AND 8318 FOOTHILL BOULEVARD AND 8345 RED HILL COUNTRY CLUB DRIVE, IDENTIFIED AS ASSESSOR PARCEL NUMBERS: 0207-101-13, 0207-101-31, 0207-101-34 AND 0207-101-41; NEGOTIATING PARTIES: DESIGNATED REPRESENTATIVE FOR PROPERTY OWNER AND MARK A. STEUER, DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER, AND CURT BILLINGS, ASSOCIATE CIVIL ENGINEER, FOR THE CITY OF RANCHO CUCAMONGA, REGARDING PRICE- CITY 3. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -DAVID SCHEU V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 28/29-027 -City 4. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - ZELLAR V. CITY OF RANCHO CUCAMONGA, CLAIM NO. 27/28-015 -City 5. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - WILLIAMS V. CITY OF RANCHO CUCAMONGA, CASE NO. CIVRS805222 -City Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 1 of 14 s'i ~ ~ } ~ 4 k t Y =?:~~~C PUBLICS OMMUNIC$ATION$~ON CLOSEDMSESSION ITEM, .5,; ~. No one was present to comment on the closed session item. D., CONDUCT OF CLOSED SESSIQN Closed session began at 5:15 p.m. ~. ~. E.` CITY,;IVIANAGER ANNOUNCEMENTS . „ ' .. No announcements were made. F.°RECESS The closed session adjourned at 6:45 p.m. with no action taken. k~~ r4~~,,f,+ x~~G~`"~REGULAR'MEETING . t ~,, CALL TO ORDER 7 00 P M.~ e - ~~, k t:~t ..L =~..~.~r rf COUNCIL CHAkMBERS vt :~~~ > ,. ~` .:~-, . , , 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/PresidenUMayor Donald J. Kurth called the meeting to order at 7:04 p.m. 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; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; James Troyer, Planning Director; Robert Karatsu, Library Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services; Bill Wittkopf, Public Works Services Director; 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. H1. Announcement of the Fire District's "No Fireworks" Campaign. Kelly Donaldson, Public Education Specialist for the Fire Protection District, announced the District's "No Fireworks" Campaign. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 2 of 14 H2. Presentation of Certificates to donors and sponsors of the "Ron Ives Bicycle Safety Rodeo." Mayor Kurth presented certificates of appreciation to the donors and sponsors of the "Ron Ives Bicycle Safety Rodeo." H3. Announcement of the 2009/2010 Season of Performances for the Lewis Family Playhouse at the Victoria Gardens Cultural Center. Susan Sluka-Kelly, Cultural Arts Supervisor, Lewis Family Playhouse, announced the 2009/2010 season of performances for the Lewis Family Playhouse. I. PUBLIC COMMUNICATIONS l1. Josephine Or/ando addressed /tem P1 (Chaffey Co/%ge Parking /mpactsJ. She noted that the col/ege does not provide enough parking spaces and indicated that there are no longer major problems on her street. She stated that she had submitted a letter to the City opposing the creation of a permit parking district. l2. Marina Reynoso commented on ltem Pi (Chaffey Col%ge Parking /mpactsJ and expressed her opposition to the creation of a permit parking district. She inquired why the curb was painted red in front of 6050 San Felipe and then sudden/y painted white and requested that Code Enforcement investigate the matter. Last/y, Ms. Reynoso opposed the posting of no parking signs that are unenforceable, a waste of money and an eyesore. l3. Mike Eldridge referred to Item P1 (Chaffey Col%ge Parking /mpactsJ. He indicated that the parking /s out of contro% there is trash on the street and peop/e are blocking his mai/box. Mr. Eldridge supported the creation of a permit parking district. l4. Madine Kennedy commented on ltem P1 (Chaffey College Parking /mpactsJ. She noted that last Tuesday, a Fire engine was ca/led to the street and stated that the truck would not have been able to navigate the corner if the col%ge had been in session. Ms. Kennedy expressed concerns with the lack of parking for guests and with the safety of the neighborhood. /5. John Kimbro addressed /tem P1 (Chatfey Co/%ge Parking /mpactsJ and expressed his support with the creation of a permit parking district. He noted that this works wet/ in other cities and suggested that the district on/y encompass San Fe/ipe if the other residents do not believe that a permit district for their street wou/d be beneficial. /6. JoAnn Henke/ referred to /tem P1 (Chaffey Col/ege Parking /mpactsJ. She distributed additional information to the City Council. Ms. Henke! was supportive of the creation of a permit parking district and indicated that misinformation might have caused some of the other residents to have concerns with the creation of such a district. l7. Maria Guytan commented on ltem Pf (Chaffey Co//ege Parking /mpactsJ. She expressed concerns with traffic and parking and supported the creation of a permit parking district. /8. Ted Granger addressed /tem P1 (Chaffey Co//ege Parking /mpactsJ. He supported the estab/ishment of a permit parking district and stated that it would enhance the safety of the children in the community. l9. Dr. Rami Mowjude announced an upcoming B/ood Drive at the is/amic Center of the /n/and Empire. The Blood Drive wi// be held on July 12, 2009 from f0 a.m. to 4 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 3 of 14 /f0. John Lyons commented on /tem P1 (Chaffey Col%ge Parking /mpactsJ and suggested that a joint meeting be held with the Chah`ey Col%ge Board of Directors. He referenced the Michael Burton's ongoing trial and warned residents to be careful of coyotes and rattlesnakes. Last/y, Mr Lyons suggested that restaurants temporarily be allowed to display adveRising banners to he/p them through this difficult economy. 111. Ed Dietl referred to /tem P1 (Chah`ey Col%ge Parking /mpactsJ and pointed out that this is the Col%ge's prob/em. He invited the Council and the audience to the Father's Day Ce%bration on June 19, 1009 at the Epicenter. Tickets are $7 and benefit historica/preservation. /12. Bi// Hanlon expressed support of Counci/member Gutierrez. He stressed the need to start Council meetings on time. Mr. Hanlon expressed concerns that the City Council members did not attend the recent Flag Day ce%bration and felt that a veteran's memorial should be placed in the City in honor of the armed forces. /n response, Councilmember Spagnolo commented that the Sons of /taly have p/aced amemoria/ at City Hall and noted that he had attended the F/ag Day ceremony at that memorial. /13. Henry Stoy noted the City Counci/ meeting next week to discuss the Red Hill traffic issue. As this meeting conflicts with a scheduled Cucamonga Valley Water District meeting, Mr. Stoy provided his comments on the traffic issue. He supported taking no action on the matter, as he did not believe that there was a severe traffic problem in that area. However, if some steps need to be taken, Mr. Stoy suggested imp/ementing the traffic management p/an. 114. Jim Moffatt stated a previous practice which provided a place on the agenda for the Council to respond to public comments. He suggested that the Council either respond to all of the comments or rep/y to none of them. Mr Moffatt referenced his suggestion on June .Y° that the meeting be adjourned in honor of veterans but noted that it hadn't been done as another suggestion had been made. if multiple suggestions are made at a meeting, al/should be done. J. CONSENT CALENDAR-REDEVELOPMENTAGENCY 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: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) J2. Approval of Check Register dated May 27 through June 9, 2009, for the total amount of $857,413.87. J3. Approval to receive and file current Investment Schedule as of May 31, 2009. J4. Approval for the purchase of sixty-five (65) sets of Fire Turn-Out Gear, each set to include: one (1) turn-out pant, one (1) turn-out coat, one (1) chest strap, one (1) patch and one (1) suspender, from Fisher Scientific Co., LLC, as per Request for Quote ("RFD") #111923 and in accordance with the Houston Galveston Area Council ("HGAC") Buy Interlocal Contract for Cooperative Purchasing (#EP11-06) and authorize the expenditure of $107,303.63, to be funded from Acct. No. 2505801-5207 (Operations & Maintenance/Capital Supplies). Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 4 of 14 J5. Approval to accept the bids received and award an authorize the execution of the contract in the amount of $126,156.00 to the apparent low bidder, California Professional Engineering, Inc. (RA 09009), and authorize the expenditure of a 10% contingency in the amount of $12,615.60 for the Foothill Boulevard Median Lighting Project, to be funded from 2004 Tax Allocation Bonds fund, Acct. No. 2660801-5650-1353660-0. J6. Approval to award and execution of Professional Services Agreement to RGS Engineering Geology (RA 09-010) for grading control and compaction testing services for the Demens Basin Fill Project, to be funded from Acct. No. 2502801-5650/1694502-0 (Fund 502 -RDA Regional Facilities) for the amount of $96,922 ($88,122 plus contingency of $8,800). J7. Approval to accept bids received and award and authorize the execution of the contract in the amount of $495,730 to the apparent low bidder, Sukut Construction, Inc. (RA 09-011), and authorize the expenditure of a 10% contingency in the amount of $49,573 for the Demens Basin Fill Project, to be funded from RDA Regional Facilities Fund, Acct. No. 2502801- 5650/1694502-0. MOTION: Moved by Williams, seconded by Gutierrez, 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: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) K2. Approval of Check Register dated May 27 through June 9, 2009, for the total amount of $304,198.61. K3. Approval to receive and file current Investment Schedule as of May 31, 2009. 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. 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. L1. Approval of Minutes: June 3, 2009 (Regular Meeting) June 4, 2009 (Special Meeting -Proposed Budgets FY 2009/10) L2. Approval of Check Register dated May 27 through June 9, 2009, and payroll ending June 9, 2009, for the total amount of $4,882,321.87. L3. Approval to receive and file current Investment Schedule as of May 31, 2009 Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 5 of 14 L4. Approval of a resolution of the City Council of the City of Rancho Cucamonga, adopting the amended Local Measure "I" 2008/2010 Capital Improvement Program for Expenditure of Measure "I" Funds. RESOLUTION NO. 09-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED LOCAL MEASURE "I" 2008/2010 CAPITAL IMPROVEMENT PROGRAM FOR EXPENDITURE OF MEASURE "I" FUNDS L5. Approval to accept grant revenue in the amount of $42,797 from the United States Department of Justice 2009/10 Edward Byrne Memorial Justice Assistance Grant (JAG) (CO 09-231 - Interlocal Agreement), and approval of the County of San Bernardino Law and Justice Group to serve as the fiscal agenUgrant administrator for a fee of five percent ($2,140). L6. Approval to endorse Councilmember Spagnolo's participation on the DeVry University College of Business and Management's Industry Advisory Council. L7. Approval of a Resolution adopting a Memorandum of Understanding (CO 09-232) between the City of Rancho Cucamonga and the San Bernardino Public Employees Association for Fiscal Year 2009-10. RESOLUTION NO. 09-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 L8. Approval to authorize an increase to Contract No. OS-071 in the amount of $100,000 to Hillcrest Contracting, and approve a Contract Change Order for the construction of the Foothill Boulevard/I-15 Southbound On-Ramp Widening Project, to be funded from Transportation Development Fees, Acct. No. 1124303-5650/1513124-0. L9. Approval to authorize an increase to Contract No. CO 08-072 in the amount of $80,000 to Hillcrest Contracting, and approve a Contract Change Order, for the construction of the Base Line Road/I-15 Southbound On-Ramp Widening Project to be funded from Transportation Development Fees, Account No. 11243035650/1511124-0. L10. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $312,192 to the apparent low bidder, All American Asphalt (CO 09-233), and authorize the expenditure of a 10% contingency in the amount of $31,219.20 for the Base Line Road Pavement Rehabilitation from Hellman Avenue to Ramona Avenue, to be funded from Prop 1B Funds, Acct. No. 1194303-5650/1691194-0. L11. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $304,632.50 to the apparent low bidder, All American Asphalt (CO 09-234), and authorize the expenditure of a 10% contingency in the amount of $30,463.25 for the Vineyard Avenue Pavement Rehabilitation from 8'" Street to Foothill Boulevard, to be funded from Prop 1B Funds, Acct. Nc. 1194303-5650/1680194-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 6 of 14 L12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $98,600.30 to the apparent low bidder, Crimson Marie Company (CO 09-235), and authorize the expenditure of a 10% contingency in the amount of $9,860.03 for the Heritage Park, Bull Pen project, to be funded from PD85 Redemption Fund, Acct. No. 1848303-5650/1606848-0 and appropriate $53,000 to Acct. No. 1848303-5650/1606848-0 from PD85 Redemption fund balance. L13. Approval of a Resolution renewing the Professional Services Agreements with Krazan & Associates, Inc., Ninyo & Moore, Leighton Consulting, Inc., and Salem Group, for annual soils and materials testing services for FY 2009/2010, for proposed Capital Improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2009/2010 Budget. RESOLUTION NO. 09-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH KRAZAN 8 ASSOCIATES, INC., NINYO & MOORE, LEIGHTON CONSULTING, INC., AND SALEM GROUP FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2009/2010 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY L14. Approval of a Resolution renewing the Professional Services Agreements with Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Hall & Foreman, Inc., and Base Line Surveying, Inc., for annual survey services for FY 2009/2010 for proposed Capital Improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2009/2010 Budget. RESOLUTION NO. 09-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH DAN GUERRA & ASSOCIATES, DAWSON SURVEYING, INC., LEH & ASSOCIATES, HALL & FOREMAN, INC. AND BASELINE SURVEYING, INC., FOR ANNUAL SURVEY SERVICES FOR FY 2009/2010 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY L15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $379,972.60 to the apparent low bidder, Peterson Chase General Engineering Construction, Inc. (CO 09-236), and authorize the expenditure of a 10% contingency in the amount of $37,997.26, for the Citywide Bridge Deck Maintenance, to be funded from Acct. No. 1112303-5650/1542112-0 (Drainage Fac/General). L16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $60,298.06 to the apparent low bidder, Prestige Striping Services, Inc. (CO 09- 237), and authorize the expenditure of a 10% contingency in the amount of $6,029.81 for the Citywide Street Name Sign Replacement - FY 08/09, to be funded from Capital Reserve, Acct. No. 1025001-5300. L17. Approval to release the Maintenance Guarantee Bond for DRC2005-00683 and DRC2006- 00005, located at the cul-de-sac terminus of Hyssop Drive, north of 6`" Street, submitted by Hyssop Rancho Cucamonga Properties, LLC. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 7 of 14 L18. Approval to release the Maintenance Guarantee Bond for Parcel Map 17303 (Storm Drain), located at the northwest corner of 4'" Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. L19. Approval to release the Maintenance Guarantee Bond for Parcel Map 17303 (Street Improvements), located at the northwest corner of 4'" Street and Haven Avenue, submitted by TPRF/THC Havenpark, LLC. L20. Approval to accept landscape improvements for Tract 16592 located on the north side of Hillside Road, west of Archibald Avenue, submitted by Toll Brothers, Inc. L21. Approval to release the Faithful Performance Bond No. 7592953 retained in lieu of a Maintenance Guarantee Bond, in the amount of $182,650.00, for the Baker Avenue Grade Crossing, north of 8`" Street project, Contract No. 07-089. L22. Approval to accept the Garcia Park Construction Project, Contract No. 08-016 from C.S. Legacy Construction, Inc., 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 $1,934,469.00. RESOLUTION NO. 09-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE GARCIA PARK IMPROVEMENT PROJECT, CONTRACT NO. 08-016, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L23. Approval to accept the West Beryl Park Sport Light Wire Replacement Project, Contract No. 09-004 as complete, retain the Faithful Performance Bond as a Maintenance Guarantee Bond, release the Labor and Materials Bond, and authorize the Interim Public Works Director to file a Notice of Completion and approve the final contract amount of $65,189.46. RESOLUTION NO. 09-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WEST BERYL PARK SPORT LIGHT WIRE REPLACEMENT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 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 FIRE PROTECTION DISTRICT 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 June 17, 2009 -Page 8 of 14 M1. CONSIDERATION OF SECOND 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 (second 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-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 Jack Lam, City Manager/Secretary, presented the staff report. President Kurth opened the public hearing. With no one wishing to speak, President Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Gutierrez, to adopt Ordinance No. FD 48 for second reading. Motion carried 5-0. N. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. N1. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 09-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Jack Lam, City Manager/Secretary, presented the staff report. President Kurth opened the public hearing. With no one wishing to speak, President Kurth closed the public hearing. In response to Boardmember Williams, Chief Bryan indicated the need for the Alta Loma Animal Hospital to annex into the current Community Facilities District so that they can partially pay for some of the Fire services. He indicated that the existing structure would be torn down and rebuilt. Boardmember Williams noted that the property is a tremenddus eyesore, wondered how long it was going to take Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 9 of 14 RESOLUTION NO. FD 09-033 before the structure was rebuilt and stated that the property owner should be encouraged to clean up the property now. MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. FD 09-033. Motion carried 5-0. O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 01. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAM AND THE ASSESSMENT AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NUMBER PD-85 FOR FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 02. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NUMBERS 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 03. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 10 of 14 RESOLUTION NO. 09-133 RESOLUTION NO. 09-134 RATE IS PROPOSED. (01 - 03 WERE DISCUSSED AT THE SAME TIME) RESOLUTION NO. 09-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND THE ASSESSMENTS AND PROVIDING FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NUMBERS 1, 2, 3A, 38,4, 5, 6, 7, 8, 9, AND 10 FOR THE FISCAL YEAR 2009/2010 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 Jack Lam, City Manager, presented the staff reports In response to Councilmember Gutierrez, John Gillison, Deputy City Manager/Administrative Services addressed the payment of the electric bill to Edison. He indicated that the Districts pay a flat rate and stated that Gas Tax funds are used to cover the diffetence when there is not enough money in a fund to cover the entire cost. Councilmember Gutierrez expressed a concern with the number of street lights that are out. In response, Mr. Gillison concurred with the concern and indicated that discussions are ongoing with Edison. Councilmember Gutierrez noted that the property owners are paying for the electricity and noted that Edison needs to ensure that the street lights are operational. Mayor Pro Tem Michael referenced the current State plan to seize Gas Tax funds from the City and wondered how the difference would be paid in the future if this occurs. Mayor Kurth opened the public hearings. Jerie Lee expressed a concern with the height of the weeds on Day Creek. She noted that recycled water is not being used and stated that some cities have been using recycled water for 30 years. It was noted that the assessments in some of these areas have not been raised in 13 years. Also discussed were the Proposition 218 provisions, which require an election of the property owners in each District before assessments may be increased. Jerie Lee noted the need to share this information with the property owners. She suggested that if the areas were not going to be maintained that hardscape be installed. Day Creek is right by Victoria Gardens. In response, Jack Lam, City Manager and Jim Markman, City Attorney addressed Ms. Lee's concerns. It was stated that each District used to maintain all of these Districts at an "A" level of service. Over the years, the costs rose and the level of service that could be provided based on the amount of revenue raised fell. Due to the number of Districts and the cumbersome Proposition 218 provisions, the City's policy has been to undertake this action when the level of service dropped to "C". Property owners will need to decide the appropriate level of service that they want in several of these Districts. Staff is planning several Proposition 218 elections in the fall. Mayor Pro Tem Michael noted that the voters elected to form a Water District to provide water and sewer service for the residents. He noted that there is a water treatment plant on Etiwanda that is currently providing recycled water and stated that plans are underway to expand the recycled water system. John Lyons suggested that volunteers or community service workers be used. Jack Lam, City Manager, indicated that the use of recycled water was cost prohibitive in the past. He could not imagine that the property owners would have agreed to the cost to put in the infrastructure when these Districts were formed. Redevelopment Agency, Fire Protection District, City Council Minutes June 17,.2009 -Page 11 of 14 Ed Dietl, inquired what the employees were doing if they haven't been laid off and they were providing the service several months ago. He noted that the property owners are paying for the electricity and stated that Edison needs to provide more employees to fix the street lights. Mayor Kurth closed the public hearings. MOTION: Moved by Gutierrez, seconded by Spagnolo, to adopt Resolution Nos. 09-133 - 09-135. Motion carried 5-0. P. CITY MANAGER'S STAFF REPORTS. The following items have no legal publication or posting requirements. P1. REPORT ON CHAFFEY COLLEGE PARKING IMPACTS ON ADJACENT Jon Gillespie, Traffic Engineer, presented the staff report. He indicated the construction of a 30,000 sq. ft. office building at Chaffey College. This building was placed on an existing parking lot, displacing the parking and creating a need for 180 additional parking spaces. Mr. Gillespie displayed a map of the area and indicated that students wishing to access the new 30,000 sq. ft. administration building are being forced to use the neighborhood streets adjacent to the college when the parking lot next to the building becomes full. Mr. Gillespie noted that the division studied the use of this parking lot and has determined that it is at capacity until about 3 p.m. in the afternoon. RECESS: Mayor Kurth recessed the meeting at about 9:05 p.m. in response to a fire alarm. RECONVENE: Mayor Kurth reconvened the meeting at 9:20 p.m. Mr. Gillespie indicated that a petition was received on January 28, 2009 containing the signatures of 38 people requesting that a permit parking district be established. Since that time; however, he noted that another petition was received containing the names of 9 people who are opposed to the creation of a district. Some of these people had signed the initial petition. As the Municipal Code provides for the creation of a permit parking district if a petition is submitted with 75% of the homeowners in agreement, Mr. Gillespie stated that the staff recommendation has now changed. He recommended that the permit parking district not be created. Mr. Gillespie provided information on permit parking programs established by other cities. If the City Council wished to form a district, he recommended that permits be issued fora 3 year term. The cost would be $10 for a permit. Previously, staff had been informed that the college would enforce the permit parking program; however, this situation has changed. Mr. Gillespie indicated that the Municipal Code also requires that such districts be four blacks in size or contain at least one mile of curb. As only 58% of the homeowners were in support of creating a permit parking district, staff does not recommend permit parking at this time. Options include the installation of 30 minute or 2 hour parking signs. In response to Councilmember Gutierrez, Mr. Gillespie stated that the City Council has the ability to modify the Municipal Code. As the Code currently contains these provisions, staff recommends that these regulations be adhered to. Councilmember Gutierrez disagreed that to be efficient a district Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 12 of 14 needed to be four blocks in size. However, he concurred that the Police Department should not need to enforce the program. Councilmember Gutierrez suggested that a Services Specialist position be created not just for this area but for the entire City. He expected that enough tickets would be generated to fund the position. In response to Councilmember Williams, it was noted that approximately 55 homes are being impacted. Councilmember Williams indicated that she visited the area and followed students looking for a place to park. Some students are parking over in another neighborhood. She did not see students parking in front of fire hydrants but she did observe students dropping trash. Councilmember Williams noted that the district size could easily include the four blocks as contemplated in the Code. In response to Councilmember Spagnolo, Mr. Gillespie noted that he did not survey the parking situation on the other side of the campus. Councilmember Spagnolo indicated that Chaffey College has created this situation and was very disappointed that they did not appear to want to resolve it. Mayor Pro Tem Michael concurred that a Service Specialist does make sense. However, he expressed a concern that the college is not engaged in solving the problem. There is nothing in place to keep other buildings from being constructed in the future. Mayor Pro Tem Michael encouraged the Mayor to send a letter outlining the City Council's concerns. In the meantime, he suggested that the matter be referred back to the Public Works subcommittee so that a recommendation could be obtained on the use of a Service Specialist to write tickets. Also, he encouraged the audience to attend the next Chaffey College Board of Directors meeting in order to discuss these concerns. Mayor Kurth concurred that something should be done to address these concerns. He indicated that the Board's next meeting is June 25th at 7 p.m. in the Board room. In response to Mayor Pro Tem Michael, James Troyer, Planning Director stated that the Office of the State Architect issues permits for school facilities. It was noted that while the City would not be involved in the permit issuance, there is still an environmental process which should be followed. In response to Councilmember Gutierrez, Mr. Gillespie indicated that the fine for parking citations is $30. Councilmember Gutierrez stated that the fine could be higher and was confident that the revenue received could pay for a position to write the tickets. Mayor Kurth noted that another letter would be written articulating the Council's concerns and requesting a meeting. MOTION: Moved by Michael, seconded by Gutierrez to receive and the file report and refer the matter to the Public Works subcommittee. Motion carried 5-0. MOTION: Moved by Williams, seconded by Michael to continue past 10:00 p.m. and consider the rest of the items on the agenda. Motion carried 5-0. P2. NEIGHBORHOOD CLEAN-UP PRESENTATION (Oral Report) Kurt Keating, Code Enforcement Supervisor, addressed the City's clean-up efforts on June 6, 2009. P3. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) THE FISCAL YEAR ENDED JUNE 30. 2008 Jack Lam, City Manager, introduced Tamara Layne, Finance Director who presented the City Council with the City's Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended June 30, 2008. Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 13 of 14 ' Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo stated that he had attended the grand opening of Bellasposa on June 13, 2009. He noted that the Rancho Cucamonga Family Resource Center will be having a yard sale on June 20, 2009 and invited the audience to the Firefighter's benefit car show at Red Hill Park. Councilmember Spagnolo noted that Rockapella was outstanding last weekend at the Lewis Family Playhouse. Councilmember Gutierrez indicated that he was proud to be a resident of the City and thanked everyone for their patience and understanding. He encouraged the audience to attend the Father's Day celebration on June 19, 2009 at the Epicenter. Mayor Pro Tem Michael noted that there was a special meeting on Monday to adopt the City and the Redevelopment Agency budgets as well as to receive the Fire Protection District budget. Mayor Pro Tem Michael thanked all of the employee associations for foregoing any cost-of-living increase this upcoming year and expressed concerns with the ongoing State budget crisis. Councilmember Williams noted Assemblymember Emmerson's concern that the State legislature is discussing everything but the budget. She urged the State legislature to focus exclusively on the budget. Councilmember Williams commended Mark Christopher Chevrolet for their partnership with the high schools in sponsoring a perfect attendance contest. Mayor Kurth indicated that he had just returned from Chicago where he had the opportunity to hear President Obama address the delegates of the American Medical Association regarding health care reform. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. R. ADJOURNMENT- After a moment of silence in honor of D-Day veterans, Mayor Kurth adjourned the meeting at 10:28 p. m. Resp ctfully submitted, c.- ~- ~j Deb a L. McKay, MIVTC Assi ant City Clerk/Records Manager Approved: July 1, 2009 Redevelopment Agency, Fire Protection District, City Council Minutes June 17, 2009 -Page 14 of 14