HomeMy WebLinkAbout2009/07/01 - MinutesJuly 1, 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, July 1, 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 5:02 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:
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 PENDING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - CAMPBELL V CITY OF RANCHO
CUCAMONGA, CASE NO. CIVRS905562 -City
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No one was present to comment on the closed session item.
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:02 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
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July 1, 2009 -Page 1 of 9
F. RECESS
The closed session adjourned at 5:30 p.m. with no action taken.
G. REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
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 7:00 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane
Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Deputy City
Manager/Administrative Services; 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; Kevin McArdle, Community Services Director; Joe Pulcinella, Animal Services
Director; Michael TenEyck, Utility Operations Manager; Debra McKay, Records Manager/Assistant City
Clerk and Kathy Scott, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Recognition of Victoria Johnson, Animal Care Attendant, Animal Care Services, for her
fundraising efforts in conjunction with her successful completion of the LA Marathon.
Mayor Kurth congratulated Victoria Johnson for the successful completion of the LA Marathon and
thanked her for her fundraising efforts.
L PUBLIC COMMUNICATIONS
/1. Fire Chief Peter Bryan stressed the need to be vigilant around BBQs and pools. He reminded
everyone that fireworks are illegal in the City and invited the public to the 4~' of July Spectacular
at the Epicenter.
12. Shana Samiullah indicated that the Islamic Center of the Inland Empire will be hosting a blood
drive and free health screening on July 12, 2009 from 10 a.m. to 4 p.m.
l3. Ed Hills spoke about the withdrawal of US forces from Iraq and urged the Council and the
audience to display the American flag with pride and to celebrate the 4`" of July. He requested that
the meeting be adjourned in applause for people serving in the military. Mr. Hills noted that there
previously was a place on agendas for fhe Council's response to public comments and asked why
this feature was no Longer listed.
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July 1, 2009 -Page 2 of 9
14. Laura Sanches invited the Council and the audience to a 4`" of July Independence Rally, hosted
by RC Patriots. The rally will be held at the intersection of Haven and Foothill from 12 noon to 2
p.m. More information can be found at www.RCpatriots.org.
15. Jerie Lee referenced a recent newspaper article regarding the Council's team building session.
She was discouraged with the discord and asked each Council member to disclose the source
and the amount of money received from campaign contributions. Ms. Lee noted the need to
consider a person innocent until they are proven guilty.
l6. Lindy Logan noted the need to repave Church Street and expressed concerns with the amount
of traffic and noise on the street. As there are no stop signs or speed bumps from Hellman to
Archibald, she requested that speed bumps be installed and a speed limit sign placed in front of
the school. Ms. Logan indicated her opposition to the School Board's extension of the school's
fencing to within 9 feet of the highway.
l7. John Lyons reminded the audience to be careful of rattlesnakes and encouraged bicycle riders
to put lights on their bikes. He suggested suspending the banner restrictions in order to help
restaurants weather the rough economy. Even though times are rough, Mr. Lyons noted that
positive things are still happening in the community.
18. Alan Logan expressed concerns with the condition of Church Street. He inquired about the
school's expansion plans.
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: June 15, 2009 (Special Meeting -Budget Adoption -Kurth &
Williams absent)
June 17, 2009 (Regular Meeting)
J2. Approval of Check Register dated June 10 through June 23, 2009, for the total amount of
$3, 876, 353.05.
J3. Approval to release Faithful Performance Bond No. 0458052, retained in lieu of a Maintenance
Guarantee Bond, in the amount of $96,385.00 for Roof Repairs and Maintenance to Fire
Station #4 (Jersey), Fire Station #5 (Banyan) and Fire Shops project, Contract No. RA 07-017.
MOTION: Moved by Gutierrez, seconded by Michael, 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 15, 2009 (Special Meeting -Budget Adoption - Kurfh &
Williams absent)
June 17, 2009 (Regular Meeting)
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July 1, 2009 -Page 3 of 9
K2. Approval of Check Register dated June 10 through June 23, 2009, for the total amount of
$106,416.32.
K3. Approval of a resolution adopting a Memorandum of Understanding between the Rancho
Cucamonga Fire Protection District and the Rancho Cucamonga Firefighters Local 2274 for
Fiscal Year 2009-10.
RESOLUTION NO. FD 09-034
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 THE RANCHO CUCAMONGA
FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL
YEAR 2009-10
MOTION: Moved by Spagnolo, seconded by Michael, 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 15, 2009 (Special Meeting -Budget Adoption -Kurth &
Williams absent)
June 17, 2009 (Regular Meeting)
L2. Approval of Check Register dated June 10 through June 23, 2009, and payroll ending June
23, 2009, for the total amount of $4,946,297.74.
L3. Approval for the purchase of one (1) Ford F550 graffiti truck from Roadline Products, Inc.,
USA, in Downey, California, utilizing apiggy-back opportunity through a competitively bid
contract from the City of Garden Grove, Contract #S-1018, in the amount of $80,257.42, to be
funded from Acct. No.1712001-5604 (Capital Outlay -Vehicles).
L4. Approval for the purchase of three (3) standard Saturn Hybrid VUES from Saturn of Riverside
in Riverside, California, in the amount of $93,115.36 to be funded from Acct. No. 1712-001-
5604 (Vehicle and Equipment Replacement Fund).
L5. Approval to award an extension of an annual multi-function copier service and supplies
contract with Konica Minolta Business Solutions, Inc. for Fiscal Year 2009/2010 in the total
amount of $76,000.00, to be funded as follows: $55,000 from Acct. No. 1712001-5300
(EquipmentlVehicle Replacement Fund -Contract Services); $7,000 from Acct. No. 1001701-
5300 (Police Department -Contract Services); $1,000 from Acct. No. 3281501-5300 (Fire
Protection District -Contract Services); $500 from Acct. No. 2620801-533 (Redevelopment
Agency -Contract Services); and $12,500 from the following Library-Contract Services
Accounts: $5,675 (No. 1290601-5300); $1,200 (No. 290606-5300); $5,425 (No. 129607-
5300); $200 (No. 1298601-5300).
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L6. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to
Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for
DRC2008-00587, located at the northeast corner of Foothill Boulevard and Vineyard Avenue,
submitted by CRE 7, LLC.
RESOLUTION NO. 09-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2008-00587
RESOLUTION NO. 09-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.
3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
FOR DRC2008-00587
L7. Approval of annual review and amendment to Medical Savings Agreement 06.247.
L8. Approval to accept the bids received, award and authorize the execution of the contract in the
amount of $281,154.75 to the apparent low bidder, American Asphalt South, Inc. (CO 09-252),
and approval to authorize the expenditure of a 10% contingency in the amount of $28,115.48
for the "FY 2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) and Parking Lot
Resurfacing (Seal Coat) at Various locations" project, to be funded from Proposition 42 Traffic
Relief Funds, Acct. No. 1190303-5650/1022190-0.
L9. Approval of an Assignment and Assumption of Lease and Consent to Lease Agreement
between Valley Baseball Club, Inc., Rancho Baseball, LLC, Henry E. Stickney, Robert A. Brett
and the City of Rancho Cucamonga (CO 09-253) relating to the Transfer of the Lease
Agreement for the Quakes Baseball Team. Removed from the Agenda.
L10. Approval to release the Improvement Agreement and Faithful Performance bond and Labor
and Material Bond for improvements for DRC2005-00852, located at 6795 Etiwanda Avenue,
submitted by Thomas G. Montes.
L11. Approval to release the Faithful Performance Bond No. 0443896, retained in lieu of a
Maintenance Guarantee Bond, in the amount of $184,171.00 for the "Church Street Parkway
Landscape Improvements from Teak Way to Haven Avenue" project," Contract No. 07-063.
MOTION: Item L9 was removed from the agenda. Moved by Williams, seconded by Michael, to
approve the staff recommendations in the remaining staff reports contained within the Consent
Calendar. Motion carried 5-0.
M. 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.
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July 1, 2009 -Page 5 of 9
M1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT SUBSTANTIAL
AMENDMENT AND FUNDING ALLOCATIONS TO THE 2009-2010 ANNUAL ACTION PLAN
- DRC2009-00227R -CITY OF RANCHO CUCAMONGA - A review of the federally required
substantial amendment to the currently approved Annual Action Plan, which includes the
selection of CDBG projects, based on a grant allocation of $1,020,958.
Tom Grahn, Associate Planner, presented the staff report
In response to Councilmember Williams, Mr. Grahn confirmed that the Home Maintenance Program
was funded last year and stated that it is a very successful program. Mayor Pro Tem Michael
concurred with the substantial amendment as proposed.
In response to Councilmember Gutierrez, Mr. Grahn addressed the parameters of the Home
Maintenance Program and the Home Improvement Program.
Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public
hearing.
MOTION: Moved by Williams, seconded by Michael, to approve the Community Block Grant
Substantial Amendment and funding allocations to the 2009-2010 Annual Action Plan. Motion carried 5-
0.
M2. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD STABILIZATION PROGRAM (NSP2) FUNDING APPLICATION FOR
FISCAL YEAR 2009-2010 - DRC2009-00501 -CITY OF RANCHO CUCAMONGA - A review
of the federally required NSP2 Application, including the selection of proposed NSP2 funded
projects, based on an application for $10,000,000 funded through the American Recovery and
Reinvestment Act of 2009.
Tom Grahn, Associate Planner, presented the staff report. The funding would be allocated to three
different programs: A revolving loan program, a down payment assistance program and a program
similar to the City's First Time Homebuyer's program.
In response to Councilmember Gutierrez, Mr. Grahn indicated that the figure of $10,000,000 was
arrived at by looking at the number of distressed homes and determining a workable amount. Mr. Grahn
expected that this situation would continue for a while but did not know if additional funding would be
made available in the future.
In response to Mayor Pro Tem Michael, Mr. Grahn hoped that the City would be successful in obtaining
the grant funds.
Mayor Kurth opened the public hearing.
John Lyons spoke in support of the First Time Homebuyer's program.
Ed Hills noted that this money was allocated to save jobs and keep unemployment below 8%. He did
not oppose the grants but stressed the need to ensure that the money was spent in the best way
possible. Regarding the Landscape Maintenance Districts, Mr. Hills hoped that the City would do
whatever it could to ensure that the maintenance of the Districts did not deteriorate to such a point that
it couldn't be corrected.
Linda Logan asked for more information regarding HUD funding and the people who would qualify for
such low-to-moderate income programs.
Mayor Kurth closed the public hearing.
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MOTION: Moved by Michael, seconded by Spagnolo, to approve the Community Block Grant
Neighborhood Stabilization Program funding application for Fiscal Year 2009-2010. Motion carried 5-0.
M3. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA AMENDING ELECTRIC RATES. FEES. AND CHARGES PURSUANT TO THE
REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
RESOLUTION NO. 09-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES, AND
CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF
CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE
Michael TenEyck, Utility Operations Manager, presented the staff report.
Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public
hearing.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 09-140 amending the
electric rates, fees and charges. Motion carried 5-0.
N. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
N1. UPDATE BY LIBRARY DIRECTOR. ROBERT KARATSU (oral report)
Robert Karatsu, Library Director, and Michelle Perera, Assistant Library Director, updated the City
Council on the increased use of the City's Libraries. Mr. Karatsu noted that US Bank will shortly be
issuing a check in the amount of approximately $153,000 from the Lola A. Livesey trust to support the
children's section of the Library. Also discussed were the 2009 summer reading program and the
planning process for developing the second floor of the Paul A. Biane Library.
O. 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 indicated that he had attended the Firefighter's 12`" Annual Benefit Car Show
on Sunday. He invited everyone to the 4~" of July celebration at the Epicenter.
Councilmember Gutierrez wished everyone a happy holiday and spoke in appreciation of the privilege
of being an American.
Mayor Pro Tem Michael reminded the City Council and the audience of the sacrifices of the military. He
cautioned everyone about the use of alcohol and fireworks. Mayor Pro Tem Michael noted that the
team building session was held tc provide constructive criticism for the betterment of the City.
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July 1, 2009 -Page 7 of 9
Councilmember Williams noted that most Councilmembers do not have the courage to speak candidly
in such a public forum. She encouraged the public to obtain a calendar of events from the Library and
congratulated Renee Futter, the new Chamber President.
Mayor Kurth appreciated the opportunity to attend the Car Show. Last weekend, the Mayor spoke at the
Gospel Vision Christian Center Youth Summit and welcomed the youth attending the Pop Warner 2009
Football Camp. Mayor Kurth wished everyone a wonderful 4'" of July.
02. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S
RECOMMENDATION FOR APPOINTMENTS TO THE COMMUNITY FOUNDATION
Councilmember Williams indicated that the Community Services Subcommittee met on June 17, 2009
and is recommending the appointment of Charles Buquet, Harvey Cohen and Tony Mize to four-year
terms. Also, the Subcommittee is recommending that the Council accept the resignation of Marian
Nelson and re-appoint Harry Gibson to the Board of Directors with a term expiring June 30, 2011.
MOTION: Moved by Michael, seconded by Spagnolo, to appoint Charles Buquet, Harvey Cohen and
Tony Mize to the Community Foundation, for a term to expire June 30, 2013; accept the resignation of
Marian Nelson and re-appoint Harry Gibson to the Community Foundation for a term to expire on June
30, 2011. Motion carried 5-0.
03. CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S
RECOMMENDATION FOR APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES
AND THE LIBRARY FOUNDATION
Mayor Pro Tem Michael stated that the Library Subcommittee met on June 17, 2009 and is
recommending the appointment of Leslie May and Deborah Clark and the re-appointment of Gino
Filippi, Ruth Leal, Teresa Akahoshi and Rebecca Davies to the Public Library Foundation for terms to
expire on June 30, 2013.
MOTION: Moved by Williams, seconded by Spagnolo, to appoint Leslie May and Deborah Clark and to
re-appoint Gino Filippi, Ruth Leal, Teresa Akahoshi and Rebecca Davies to the Public Library
Foundation for terms to expire on June 30, 2013. Motion carried 5-0.
04. LEGISLATIVE AND REGIONAL UPDATES (oral report)
Councilmember Spagnolo stated that the State will be issuing IOUs and that the Governor has declared
a State of Fiscal Emergency. Potentially, the City may lose $3.3 million in property tax, $2.8 million in
gas tax and $6 million over a three year period in Redevelopment funds. Councilmember Spagnolo
noted that it is impossible to tell what will happen with the State budget. Last week, the Mayors of the
largest 10 cities in the State asked the League of California Cities to drop its opposition to the raid on
property taxes. Consequently, the Governor's representative has stated that cities are okay with the
raid. This is not the case, and Councilmember Spagnolo was adamantly opposed to the seizing or
borrowing of local monies.
Mayor Pro Tem Michael reported that Omnitrans will be offering a weekly free bus pass in the fall to
familiarize students with their services. He also spoke about the proposed change in their governing
structure from a Joint Powers Authority to a Special Authority or Special District. At the appropriate
time, he thought that a workshop on the topic would be beneficial.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Redevelopment Agency, Fire Protection District, City Council Minutes
July 1, 2009 -Page 8 of 9
Mayor Kurth adjourned the meeting at 8:50 p.m. after a round of applause for the military personnel
serving in Iraq.
Re ectfully submitted,
i ~ ~~~~
De ra L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: July 15, 2009
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