HomeMy WebLinkAbout2009/12/02 - MinutesDecember 2, 2009
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga City Council held a closed session on Wednesday, December 2, 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 Mayor Donald J. Kurth.
Present were Councilmembers' Diane Williams, Sam Spagnolo, Mayor Pro Tem L. Dennis Michael and
Mayor Donald J. Kurth.
Also present were' James Markman, City Attorney; Pamela Easter, Assistant City Manager, John
Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Deputy City
Manager/Economic and Community Development.
B. ANNOUNCEMENT OF CLOSED SESSION ITEMS "
Mayor Donald J Kurth announced the closed session items:
CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956 8 FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ETIWANDA
AVENUE, NORTH OF BASE LINE ROAD (7089 ETIWANDA AVENUE); LINDA D. DANIELS,
RDA DIRECTOR, AND SANBAG REPRESENTATIVE, NEGOTIATING PARTIES -City
2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956 8 FOR PROPERTY PARCEL MAP 207-571-75, 8411 FOOTHILL BOULEVARD, MARK
STEUER, DIRECTOR OF ENGINEERING SERVICES, AND MICHAEL FOURNIER, MDF
PROPERTY MANAGEMENT, REGARDING TERMS OF PAYMENT. -City
C. PUBLIC COMMUNICATIONS "ON CLOSED SESSION ITEM(S)
No one was present to comment on the closed session items.
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:15 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session adjourned at 6:45 p.m. with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 1 of 13
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: Diane Williams, Rex Gutierrez, Sam
Spagnolo, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth. Agencymember/Boardmember/Councilmember Sam
Spagnolo left the meeting at 7:25 p.m.
Also present were: Jack Lam, City Manager, James Markman, City Attorney; Jahn Gillison, Deputy City
Manager/Administrative Services; Linda Daniels, Deputy City Manager/Economic and Community
Development; Joe Cusimano, Police Chief; Mike Bell, Fire Chief; Mark Steuer, Director of Engineering
Services; Bill Wittkopf, Public Works Services Director; James Troyer, Planning Director; Kevin
McArdle, Community Services Director; Robert Karatsu, Library Director; Jim Frost, City Treasurer;
Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin,
Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
Presentation of a Grant Award in the amount of $25,000 from U.S Bank to the Rancho
Cucamonga Community Foundation for the Play Partner Program at the Lewis Family
Playhouse.
Mr. Richard Madsen, Senior Vice President and Manager and Mr. William Cave, Market President,
presented a $25,000 check from U.S. Bank to the Rancho Cucamonga Community Foundation.
Mayor Kurth thanked U.S. Bank for their donation.
Presentation of a Proclamation to Pam Stewart for her years of dedicated service to the City
as a Planning Commissioner.
Mayor Kurth presented a proclamation to Pam Stewart thanking her for her years of service on the
Planning Commission.
Presentation of a Proclamation in recognition of March 30, 2010 as "Welcome Home Vietnam
Veterans Day" in the City of Rancho Cucamonga.
Mayor Kurth presented a proclamation to Mr. Jack Hayes, from VFW Post 2085, recognizing March 30,
2010 as Welcome Home Vietnam Veterans Day.
I. PUBLIC COMMUNICATIONS
11. Jerie Lee referenced Agenda Items 01 - 03 (Assessment Ballot Tabulations for Proposed
Landscape Maintenance Districts 4, 6 and 8) and expected that even if the assessments were doubled,
the City would indicate that there was not enough money to maintain the Districts. Ms. Lee noted that
she has obtained budget information for Landscape Maintenance District 2, and stated that the budget
is outrageous as nothing is being maintained.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 2 of 13
12. Ed Dietl invited the City Council and the audience to an Old Fashioned Christmas event at the
Historic Rains House, to be held on December 5, 2009 from 3 - 8 p.m.
13. Jim Moffatt commented on the smoking workshop held on October 7, 2009. He was opposed to
smoking restrictions and expressed a concern with limiting smoking in restaurants in light of the current
economic conditions. Mr. Moffatt indicated that a second survey had been sent out and noted that the
return envelope that was provided did not have a return address.
14. Gwyn Frost reported that the first Rancho Cucamonga City Council meeting was held on December
2ntl provided information on the items discussed at that first meeting and expressed birthday wishes.
15. John Lyons indicated that assessment districts were formed and were necessary in order to provide
for adequate landscaping in the various Districts. He indicated that 400 people attended the
Thanksgiving Dinner provided by Sacred Heart Catholic Church. Mr. Lyons requested a complete ban
on smoking in the high fire hazard areas in the City. He also noted the pending football game on
Saturday between Rancho Cucamonga High School and Los Osos High School.
16. Jim Frost commented on the formation of the Landscape Maintenance Districts and noted that when
these improvements were deemed necessary, this was the only way to pay for them. He indicated that
Retired Army Col. Lewis L. Millett, a Medal of Honor recipient, will be buried on Saturday at the
Riverside National Cemetery.
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: November 18, 2009 (Regular Meeting)
J2. Approval of Check Register dated November 10 through November 23, 2009, for the total
amount of $329,885.53.
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff
reports contained within the Consent Calendar Motion carried 4-0; Agencymember Spagnolo was
absent.
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: November 18, 2009 (Regular Meeting)
K2. Approval of Check Register dated November 10 through November 23, 2009, for the total
amount of $81,590.19.
K3. Approval to adopt an annexation map showing Assessor Parcel Number 0201-043-63, (Robert
Lemelin) located on Snow Drop Rd., west of Haven Ave., proposed to be annexed into CFD 88-
1.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 3 of 13
RESOLUTION NO. FD 09-043
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 88-1, ADOPTING AN ANNEXATION MAP
(ANNEXATION NO. 88-09-1) SHOWING PROPERTY TO BE ANNEXED
TO COMMUNITY FACILITIES DISTRICT NO. 88-1
K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No.
88-09-1 (APN: 0201-043-63; Robert Lemelin), into Community Facilities District No. 88-1,
specifying services proposed to be financed, to set and specify the special taxes proposed to
be levied within the annexation territory and set a time and place for a public hearing related to
the annexation.
RESOLUTION NO. FD 09-044
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-
09-1) TO COMMUNITY FACILITIES DISTRICT NO. 88-1
MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried 4-0; Boardmember Spagnolo was
absent.
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: November 18, 2009 (Regular Meeting)
L2. Approval of Check Register dated November 10 through November 23 and payroll ending
November 23, 2009, for the total amount of $5,955,607.00.
L3. Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of the
Banyan Street Community Trail from Beryl Street to Hellman Avenue and the Wilson Avenue
Community Trail from Amethyst Street to Morning Canyon Way, to be funded from
RESOLUTION NO. 09-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE BANYAN STREET COMMUNITY TRAIL AND
WILSON AVENUE COMMUNITY TRAIL, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
L4 Approval of Dissolution of California Cities Home Ownership Authority (CCHOA) by Rescission
of the Joint Powers Agreement made on November 1, 1996.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 4 of 13
RESOLUTION NO. 09-224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE RESCISSION AND
TERMINATION OF THE JOINT POWERS AGREEMENT MADE ON
NOVEMBER 1, 1996, CREATING THE CALIFORNIA CITIES HOME
OWNERSHIP AUTHORITY
L5. PUBLIC CONVENIENCE OR NECESSITY - DRC2009-00847 - FIESTA AMERICANA
MARKET - A request for a Public Convenience or Necessity determination for a Type 21 Off-
Sale General alcoholic beverage sales license (beer, wine and distilled spirits) for an existing
market that is located in a commercial center on the south side of Foothill Boulevard between
Helms Avenue and Malachite Avenue in the Community Commercial (CC) District -APN: 208-
261-56. Staff has determined that the project is categorically exempt from CEQA review and
qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301.
RESOLUTION NO. 09-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REQUESTING A PUBLIC CONVENIENCE
OR NECESSITY DETERMINATION FOR A TYPE 21 OFF-SALE GENERAL
ALCOHOLIC BEVERAGE SALES LICENSE FOR AN EXISTING MARKET
LOCATED IN A COMMERCIAL CENTER ON THE SOUTH SIDE OF
FOOTHILL BOULEVARD BETWEEN HELMS AVENUE AND MALACHITE
AVENUE IN THE COMMUNITY COMMERCIAL (CC) DISTRICT -APN:
208-261-56.
L6. Approval of a Resolution in Support of the Submittal of an Application for Statewide Park
Program Grant Funds and Appropriation of Funds in the Amount of $47,500 from 120 Fund
Balance into Account Number 1120305-5650/1754120-0 to Assist with Community Meetings
and the Preparation of the Grant Application Package.
RESOLUTION NO. 09-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR
STATEWIDE PARK PROGRAM GRANT FUND
L7. Approval and execution of a Common Use Agreement between the San Bernardino County
Flood Control District (CO 09-") and the City of Rancho Cucamonga for amulti-use trail
system along Day Creek Channel and Deer Creek Channel.
L8. Approval to release Faithful Performance Bond No. 08903512, retained in lieu of a
Maintenance Guarantee Bond, in the amount of $988,764.45, for the Etiwanda Avenue
Pavement Rehabilitation from 4`" Street to Arrow Route and Arrow Route Pavement
Rehabilitation from Etiwanda Avenue westerly 2500', Contract No. OS-048.
L9. Approval to release Faithful Performance Bond No. 0477989, retained in lieu of a Maintenance
Guarantee Bond, in the amount of $199,000 00 for the Terra Vista Parkway Pavement
Rehabilitation from Spruce Avenue to Milliken Avenue improvements, Contract No. 08-143.
L10. Approval to accept the Heritage Park Equestrian Bull Pen Project, Contract No 09-235, from
Crimson Marie Company, 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 $113,778.72 and approve an
appropriation in the amount of $5,318.39 to Acct. No. 1848303-5650/1606848-0 from PD 85
Redemption fund balance.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 5 of 13
RESOLUTION NO. 09-227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE HERITAGE PARK
EQUESTRIAN BULL PEN PROJECT, CONTRACT NO. 09-235 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
L11. Approval of Improvement Agreement Extension for Tract 15982, located on the northeast
corner of Day Creek and Wilson Avenue, submitted by KB Home Greater Los Angeles.
RESOLUTION NO. 09-228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT
15982
L12. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for DRC2006-00633,
located on the north side of Foothill Boulevard west of Center Avenue, submitted by Ranchc
Workforce Housing, L.P.
RESOLUTION NO. 09-229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2006-00633 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
L13. Approval to accept Improvements, release the Faithful Performance Cash Deposit, accept a
Maintenance Guarantee Cash Deposit, and file a Notice of Completion for improvements for
DRC2008-00587, located at the northeast corner of Foothill Boulevard and Vineyard Avenue,
submitted by CRE7, LLC.
RESOLUTION NO. 09-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2008-00587 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
L14. Approval tc accept the Improvements, release the Faithful Performance Cash Deposit and file
a Notice of Completion for improvements for Parcel Map 18797, located on the East side of
Haven Avenue, north of Town Center Drive, submitted by Church Haven Company, LLC.
RESOLUTION NO. 09-231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 18797 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L15. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance Bond and file a Notice of Completion for improvements for Tract 16226, located
north of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Rancho Estates at
Etiwanda / AF 37, LLC.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 6 of 13
RESOLUTION NO. 09-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16226 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 4-0, Councilmember Spagnolo
was absent.
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.
M1.
- A request to delete Chapter 19 16 (Xeriscape Requirements) of Title 19 of the Rancho
Cucamonga Municipal Code and add Chapter 17.42 (Landscape Water Conservation) to Title
17 of the Rancho Cucamonga Municipal Code to enact water efficient landscape
requirements. The project has been determined to be categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) as a Class 7 exemption
under State CEQA Guidelines Section 15307, which covers actions taken by regulatory
agencies to assure the maintenance of a natural resource as well as a Class 8 exemption
under State CEQA Guidelines Section 15308 which covers actions taken by regulatory
agencies to assure the protection of the environment.
ORDINANCE NO. 823 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2008-00170, REMOVING CHAPTER 19.16 OF THE
MUNICIPAL CODE AND CREATING CHAPTER 17.42 OF THE
MUNICIPAL CODE TO DEVELOP WATER EFFICIENT LANDSCAPING
REQUIREMENTS PURSUANT TO AB1881 AND AMENDING SECTIONS
17.02.135A, 17.32.070D (3)(E), 17.08.090C (5)(B) AND 17.10.060C
(1)(E)(21)(C) TO REMOVE REFERENCES TO CHAPTER 1916 AND
XERISCAPING; AND MAKING FINDINGS IN SUPPORT THEREOF
Jack Lam, City Manager, presented the staff report.
MOTION: Moved by Williams, seconded by Michael, to adopt Ordinance No. 823 for second reading.
Motion carried 4-0; Councilmember Spagnolo was absent.
• ~ 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.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 7 of 13
N1. ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE
PROPOSED ANNEXATION OF TERRITORY (ARCO AM/PM - APNS 0229-141-10&11 -
ANNEXATION NO 09-61 TO AN EXISTING COMMUNITY FACILITIES DISTRICT CALLING
A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO
THE QUALIFIED ELECTORS.
RESOLUTION NO. FD 09-045
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. 09-5) 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, 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 Williams, seconded by Michael, to adopt Resolution No. FD 09-045. Motion
carried 5-0.
Discussion on Items 01 - 03 was taken at this time. Item 03 was taken first, then Item 02 and Item
Ol was heard last. The staff report for each District was given and a public hearing was held. Once
the public hearing was closed, the ballots for that District were counted. Ballots for Item 03 were
counted first, Item 02 was second and Item Ol was last. After a short recess, the Gty Council
reconvened the meeting and continued the meeting as listed. After all listed items were discussed,
another recess was held until the ballots were all counted. The City Council then reconvened and
adopted the appropriate Resolution for each District. All discussion, public hearing testimony and
action on Items Ol - 03 are shown as listed on the Agenda.
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.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 8 of 13
RESOLUTION NO. 09-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, APPROVING THE ENGINEER'S
REPORT, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 8-R,
ORDERING MAINTENANCE WORK THEREIN, CONFIRMING THE
DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF AN
ANNUAL ASSESSMENT THEREIN
RESOLUTION NO. 09-234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE
MAINTENANCE DISTRICT NO. 8-R, DETERMINING THE EXISTENCE OF
A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO
FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO LEVY
ASSESSMENTS THEREIN
John Gillison, Deputy City Manager/Administrative Services, presented the staff report
Mayor Kurth opened the public hearing.
Marcia Godwin, representing St. Clare's Episcopal Church, appreciated the work has been done to
resolve several issues and indicated that the church is in receipt of a letter from the City. She noted
that the letter is being reviewed and noted that she may return at a later date to discuss it.
Mayor Kurth closed the public hearing.
City Clerk Janice Reynolds stated the following: 196 assessment ballots were mailed to the property
within the proposed boundaries of the Landscape Maintenance District and 50 valid assessment
ballots were received prior to the close of the public hearing. 2 ballots were not properly marked or
signed and invalidated 9 assessment ballots representing $2,592.00 of assessments were submitted
in support of the levy of the proposed assessments within the Assessment District. 41 assessment
ballots representing $11,808.00 of assessments were submitted in opposition to the levy of the
proposed assessments within the Assessment District.
John Gillison, Deputy City Manager/Administrative Services, stated that a majority protest existed for
Landscape Maintenance District No 8 and recommended that Resolution No. 09-234 be adopted.
MOTION: Moved by Williams, seconded by Michael, to adopt Resolution No. 09-234. Motion carried 3-
0; Councilmembers Gutierrez and Spagnolo were absent.
02.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 9 of 13
CONSIDERATION OF ALTERNATE FORMS OF RESOLUTIONS TO DECLARE THE
RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED LANDSCAPE
MAINTENANCE DISTRICT NO. 6-R. IF THERE IS NOT A MAJORITY PROTEST TO THE
LEVY OF ASSESSMENTS. ADOPT THE FORM OF RESOLUTION APPROVING THE
RESOLUTION NO. 09-235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, APPROVING THE ENGINEER'S
REPORT, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 6-R,
ORDERING MAINTENANCE WORK THEREIN, CONFIRMING THE
DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF AN
ANNUAL ASSESSMENT THEREIN
RESOLUTION NO. 09-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE
MAINTENANCE DISTRICT NO. 6-R, DETERMINING THE EXISTENCE OF
A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO
FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO LEVY
ASSESSMENTS THEREIN
John Gillison, Deputy City Manager/Administrative Services, presented the staff report
Mayor Kurth closed the public hearing. With no-one wishing to speak, Mayor Kurth closed the public
hearing.
City Clerk Janice Reynolds stated the following: 1279 assessment ballots were mailed to the property
within the proposed boundaries of the Landscape Maintenance District and 380 valid assessment
ballots were received prior to the close of the public hearing. 4 ballots were not properly marked or
signed and invalidated. 118 assessment ballots representing $46,200.00 of assessments were
submitted in support of the levy of the proposed assessments within the Assessment District. 262
assessment ballots representing $102,516.75 of assessments were submitted in opposition to the levy
of the proposed assessments within the Assessment District.
John Gillison, Deputy City Manager/Administrative Services, stated that a majority protest existed for
Landscape Maintenance District No. 6 and recommended that Resolution No. 09-236 be adopted
MOTION Moved by Michael, seconded by Williams, to adopt Resolution No 09-236. Motion carried 3-
0; Councilmembers Gutierrez and Spagnolo were absent
03.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, APPROVING THE
ENGINEER'S REPORT, FORMING LANDSCAPE MAINTENANCE
DISTRICT NO. 4-R, ORDERING MAINTENANCE WORK THEREIN,
CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING
FOR THE LEVY OF AN ANNUAL ASSESSMENT THEREIN
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 10 of 13
RESOLUTION NO 09-237
RESOLUTION NO. 09-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE
MAINTENANCE DISTRICT NO. 4-R, DETERMINING THE EXISTENCE OF
A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS TO
FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO LEW
ASSESSMENTS THEREIN
John Gillison, Deputy City Manager/Administrative Services, presented the staff report
In response to Councilmember Gutierrez, Mr. Gillison identified the District boundaries. In response to
Councilmember Williams, it was noted that the assessment, if approved, would commence in FY
2010/11.
In response to Mayor Pro Tem Michael, Mr. Gillison expanded on the reasons that the formation of
Landscape Maintenance District No. 4-R were necessary. He noted that in the last couple of budget
workshops, it was reported to the City Council that finances in these Districts were reaching the point
where expenses were exceeding the assessments collected Mr. Gillison indicated that the City
Council heard a report in June and authorized the assessment ballot proceedings. After that time, two
community meetings were held in each District, there was extensive coverage in the newspaper and
information on the proposed assessment along with a ballot were sent to all property owners in
October.
In response to Councilmember Gutierrez, Mr. Gillison estimated that about 5,000 ballots were sent and
stated that the City Council will receive a report from the City Clerk later on in the meeting with all of
the statistics. Councilmember Williams noted that the staff report stated that there were 3,670 property
owners in the District. Counclmember Gutierrez inquired how many votes Lewis Homes was entitled
to. James Markman, City Attorney, addressed the requirements of Proposition 218 and indicated that
these proceedings were in accordance with the law. He noted that the law was created as a result of
an initiative process and approved by the voters of the State of California.
Mayor Kurth opened the public hearing.
John Lyons indicated that there were many public improvements that were deemed necessary when
the City incorporated. The formation of these Landscape Maintenance Districts was necessary in order
to pay for these improvements.
Mayor Kurth closed the public hearing.
City Clerk Janice Reynolds stated the following: 3670 assessment ballots were mailed to the property
within the proposed boundaries of the Landscape Maintenance District and 882 valid assessment
ballots were received prior to the close of the public hearing. 19 ballots were not properly marked or
signed and invalidated. 194 assessment ballots representing $981,693.14 of assessments were
submitted in support of the levy of the proposed assessments within the Assessment District. 688
assessment ballots representing $279,866.20 of assessments were submitted in opposition to the levy
of the proposed assessments within the Assessment District.
John Gillison, Deputy City Manager/Administrative Services, stated that a majority protest did not exist
for Landscape Maintenance District No. 4 and recommended that Resolution No. 09-237 be adopted.
MOTION: Moved by Williams, seconded by Michael, to adopt Resolution No. 09-237. Motion carried
3-0; Councilmembers Gutierrez and Spagnolo were absent.
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December 2, 2009 -Page 11 of 13
P. COUNCIL BUSINESS
Recess:
The meeting recessed at 8:30 p.m.
Reconvene:
The meeting reconvened at 8:50 p.m. with Agencymembers/Boardmembers/Councilmembers Diane
Williams, Rex Gutierrez, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth being present.
The following items have been requested by the City Council for discussion.
1 COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Gutierrez noted that he was blessed to live in such a great City and to serve on the City
Council. He hoped that 2010 would be another great year.
Mayor Pro Tem Michael stated that Pam Stewart was a great asset to the Planning Commission and
offered his best wishes to her. He referenced the presentation earlier in the evening by U.S. Bank and
noted that the $25,000 will be spent to provide a live theater experience to low and moderate income
families and their children Mayor Pro Tem Michael reported that Councilmember Spagnolo had to
leave the meeting due to a family emergency and encouraged everyone to keep the Spagnolo family in
their prayers.
Councilmember Williams commended Pam Stewart for her service and noted that there are many
devoted citizens who serve on the City's Commissions and Foundations. She hoped that everyone had
a wonderful Thanksgiving and expressed her appreciation far serving on the City Council.
Mayor Kurth commented on a letter to the editor that he had written that was published in the Daily
Bulletin. He expressed concerns with the potential changes to the health care system that are being
contemplated in Washington and hoped that legislature would keep the needs of patients in mind.
Mayor Kurth was appreciative of the opportunity to provide a proclamation for Vietnam veterans.
2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Williams provided comments on behalf of Councilmember Spagnolo. Councilmember
Williams reported that the estimated State budget deficit is $21 Billion and indicated that the legislature
acted on unrealistic estimates instead of addressing problems in the State budget. Councilmember
Williams also reported on SAFETEA-LU and indicated that Senators were unsuccessful in an attempt to
forge a compromise extending the law for six months. She noted that the City is watching this closely as
transportation projects are in jeopardy.
Mayor Pro Tem Michael commented on a recent League of California Cities workshop and provided
information on the League's goals and how they will be implemented
O.. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Pro Tem Michael suggested establishing an alternate for the various subcommittees. He noted
that there have been instances where a Councilmember was not able to attend a meeting and stated
that this would be helpful in ensuring the functionality of the subcommittee.
Councilmember Gutierrez requested information on the survey that was sent to restaurants regarding
smoking along with information on the return envelope having an address.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 2, 2009 -Page 12 of 13
P: ADJOURNMENT ~ "
Recess:
The meeting recessed at 9:10 p.m.
Reconvene
The meeting reconvened at 1044 p.m. with Agencymembers/Boardmembers/Councilmembers
Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth being present.
The City Council considered the Resolutions listed for Items 01 - 03 at this time.
Mayor Kurth adjourned the meeting at 10.50 p.m
Res ectfully submitted,
De ra ~ cNay, MMG~
As 'slant City Clerk/Records Manager
Approved: December 16, 2009
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December 2, 2009 -Page 13 of 13