HomeMy WebLinkAbout2012/06/06 - Minutes June 6, 2012
RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Fire Protection District, Successor Agency and City Council held a
closed session on Wednesday, June 6, 2012 in the Tapia Room at the Civic Center located at
10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at
5:00 p.m. by Mayor L. Dennis Michael.
Present were District/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice
President/Mayor Pro Tern Sam Spagnolo and President/Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels,
Assistant City Manager and Lori Sassoon, Deputy City Manager.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
The following closed session items are being considered:
D1. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT
CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN
BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER,
SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE
MANAGEMENT EMPLOYEES—FIRE, CITY
D2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT
GOVERNMENT CODE SECTION 54956.9(B) — TWO POTENTIAL CASES —
SUCCESSOR AGENCY, CITY
D3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A) — BEAR GULCH, A CALIFORNIA
CORPORATION, DBA BEAR GULCH, INC. V. CITY OF RANCHO CUCAMONGA;
RIVERSIDE CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION AND
DOES 1 100 INCLUSIVE. CASE NO. CIVRS 1203421 — CITY
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No persons were present wishing to speak.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
R RECESS
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012- Page 1 of 7
The closed session recessed at 6:25 p.m. with no action taken.
G. REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City
Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center
Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the
meeting to order at 7:00 p.m.
Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet,
Diane Williams; Vice PresidenWice Chairman/Mayor Pro Tern Sam Spagnolo and
President/Chairman/Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels,
Assistant City Manager; Lori Sassoon, Deputy City Manager; Bill Wittkopf, Public Works Services
Director; Mark Steuer, Director of Engineering Services; Chris Paxton, Human Resources Director;
Nettie Nielsen, Community Services Director; Jeff Bloom, Interim Planning Director; Trang Huynh,
Building & Safety Services Director; Fire Chief Mike Bell; Debra McNay, Records
Manager/Assistant City Clerk; Adrian Garcia, Assistant City Clerk and Shirr'I Griffin, Deputy City
Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
1-11. Recognition of Officers Involved in Edible Arrangement and Radio Shack Robberies.
Mayor Michael thanked Lieutenant Chris Ilizaliturri, Officer Damarus Bonfil-Espinoza and Officer
Giovanni Espinoza for their actions in catching the suspects of the Edible Arrangement and Radio
Shack robberies.
H2. Announcement of the 2012/13 Season at the Lewis Family Playhouse.
Susan Sluka-Kelley, Community Services Supervisor, presented the 2012/13 season of events at
the Lewis Family Playhouse.
I. PUBLIC COMMUNICATIONS
11. Michael Moore, referenced comments made in the Daily Bulletin and spoke about the dignity of
labor. He noted that Mayor Pro Tern Spagnolo should apologize for his remarks.
12. Genevieve Shenton invited the City Council and the audience to the Eagle's Wings Walk to End
Domestic Violence on June 16, 2012 at Cucamonga Christian Fellowship. Further information is at
www.eagleswingsglobal.org.
13. Susan Harman spoke about domestic violence and Eagle's Wings mission.
14. Judi Noble, Founder and Executive Director of Eagle's Wings, spoke about the organization's
mission and purpose.
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012 - Page 2 of 7
15. Bill Hanlon indicated that he was not able to locate proof of Council Member Buquet's service in
the National Guard and requested further information.
16. Luana Hernandez invited the City Council and the audience to the historical tour on June 16,
2012 from 11 to 5 p.m. Further information is at www.hpaofrc.org.
17. Jahn Lyons indicated that he voted today, spoke about the Olympic torch that was carried
through the City today, thanked Code Enforcement for cleaning up his neighborhood and
commented about D-Day. Lastly, Mr. Lyons encouraged everyone to vote for Senator Dutton.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and non-controversial. They
will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time
without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority
Board/Council Member for discussion.
J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT
J1. Approval of Minutes: May 16, 2012 (Regular Meeting)
J2. Approval of Check Register dated May 9, 2012 through May 29, 2012 for the total of
$210,702.71.
J3. Approval to proceed with the Biennial review of the Conflict of Interest Code for the Fire
Protection District, Successor Agency and City Council.
MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in
the staff reports. Motion carried 5-0.
K. CONSENT CALENDAR - SUCCESSOR AGENCY
K1. Approval to proceed with the Biennial review of the Conflict of Interest Code for the Fire
Protection District, Successor Agency and City Council.
K2. Approval of Recognized Obligation Payment Schedules (ROPS) for the time periods of
January to June 2012 and July to December 2012.
MOTION: Moved by Buquet, seconded by Williams, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
L1. Approval of Minutes: May 16, 2012 (Regular Meeting)
MOTION: Moved by Buquet, seconded by Alexander, to approve the minutes. Motion carried 5-0.
M. CONSENT CALENDAR - CITY COUNCIL
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012- Page 3 of 7
M1. Approval of Minutes: May 16, 2012 (Regular Meeting)
M2. Approval of Check Register dated May 9, 2012 through May 29, 2012 and payroll ending
May 29, 2012 for the total amount of$4,252,843.99.
M3. Consideration of a Light Variance requested for Minors, Majors, Juniors and Senior
Divisions All-Star Tournament hosted by District 71 Little League during June 23 — July
28, 2012, at Heritage and Red Hill Community Parks.
M4. Approval of the City of Rancho Cucamonga and Inland Valley Daily Bulletin Joint Trade
Agreement(CO 12-048)for June 1, 2012— May 30, 2013.
M5. Approval to award a contract (CO 12-049) to Applied Planning, Inc. to create an
Environmental Impact Report (EIR)for the proposed Foothill Walmart Super Store project
located at the northeast corner of Foothill Boulevard and Mayten Avenue (DRC2012-
00049), in accordance with request for proposal No. 11/12-109, in the amount of
$348,762 to be funded from Account Number 1001314-5303 (Contract Services
Reimbursable).
M6. Approval to proceed with the Biennial review of the Conflict of Interest Code for the Fire
Protection District, Successor Agency and City Council.
M7. Approval to award the purchase of one (1) CNG Powered Conventional Cab Log Loader
Truck to Nixon-Egli Equipment Co., of Ontario, California, in accordance with Request for
Bid ("RFB-) #11/12-014 in the amount of $228,659.00 from Acct. No. 1105208-5604
(AB2766 Air Quality Improvement Fund).
M8. Release of Faithful Performance Bond retained in lieu of Maintenance Guarantee Bond
for Parcel Map 17594 (Street Improvements), located at the northeast corner of Foothill
Boulevard and Rochester Avenue, submitted by F & F, LLC.
M9. Release of Maintenance Guarantee Bond for DRC2006-00580, located on the southeast
corner of Etiwanda Avenue and Arrow Route, submitted by Smash, LLC.
M10. Approve the Purchase and Installation of Play Equipment from Landscape Structures,
Inc., for the Etiwanda Creek Park Playground, utilizing a competitively bid Cooperative
Agreement awarded by Houston-Galveston Area Council (HGAC Contract No. PR 11-10),
and authorize the expenditure of $275,823.73 plus a 5% Contingency to be funded from
Account No. 1120305-5650/1802120-0.
MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in
the staff reports. Motion carried 5-0.
N. 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.
N1. ENVIRONMENTAL ASSESSMENT AND LA/ONTARIO INTERNATIONAL AIRPORT
LAND USE COMPATIBILITY PLAN DRC2010-00157 - The review and adoption of the
LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) and Cooperative
Agreement for establishing the Ontario International Airport-Inter Agency Collaborative
(ONT-IAC). Related Files: Industrial Area Specific Plan Subarea 18 Text Amendment
DRC2010-00685 and Development Code Amendment DRC2010-00984. Staff has
prepared a Negative Declaration of environmental impacts for consideration.
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012 - Page 4 of 7
ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN
SUBAREA 18 TEXT AMENDMENT DRC2010-00685 - CITY OF RANCHO
CUCAMONGA - A request to amend Section 5.3.2. of the Industrial Area Specific Plan
Subarea 18 to add language requiring compliance with the building height limits in the
LA/Ontario International Airport Land Use Compatibility Plan Related Files: LA/Ontario
Airport Land Use Compatibility Plan DRC2010-00157 and Development Code
Amendment DRC2010-00984. Staff has prepared a Negative Declaration of
environmental impacts for consideration.
RESOLUTION NO. 12-079
A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL
ADOPTING DRC2010-00157, THE LA/ONTARIO INTERNATIONAL
AIRPORT LAND USE COMPATIBILITY PLAN; AND MAKING FINDINGS
IN SUPPORT THEREOF.
RESOLUTION NO. 12-080
A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL
ADOPTING THE COOPERATIVE AGREEMENT FOR ESTABLISHING
THE ONTARIO INTERNATIONAL AIRPORT - INTER AGENCY
COLLABORATIVE (ONT-IAC) TO ESTABLISH A COOPERATIVE
PROCESS IN ORDER TO IMPLEMENT THE GOALS AND POLICES
OF THE LA/ONT AIRPORT LAND USE COMPATIBILITY PLAN
(ALUCP); AND MAKING FINDINGS IN SUPPORT THEREOF.
ORDINANCE NO. 854(FIRST READING)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN
(ASP) SUBAREA 18 AMENDMENT DRC2010-00685, AMENDING
SECTION 5.3.2 OF THE ASP SUBAREA 18 BY ADDING LANGUAGE
REQUIRING COMPLIANCE WITH BUILDING HEIGHT LIMITS IN THE
LA/ONTARIO INTERNATIONAL AIRPORT LAND USE COMPATIBILITY
PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF.
Donald Granger, Senior Planner presented the staff report.
In response to Council Member Buquet, Mr. Granger spoke about the ability to construct high rise
buildings and the height limitations in various points in the City. He indicated that the plan has a 70
foot height limit in the high terrain zone in the area between Fourth and Sixth Streets. As you move
further north, the height limits increase. It was noted that the 70 foot height limit was primarily in
Subarea 18.
Mayor Michael referenced the discussions held at the last team building session regarding the
Council's commitment to support the City of Ontario's control of the airport. In response, Mr.
Granger noted that adoption of this plan would send a message that the communities adjacent to
the airport are in partnership with each other and promote regional control.
In response to Mayor Michael, Mr. Granger indicated that the plan did not present any additional
challenges. He noted that if the City Council desired a high rise building in an area with a 70 foot
height limit, staff would work with the City of Ontario and apply to the FAA.
Jerry Bloom, Ontario Planning Director, spoke about safety requirements around an airport. He
noted that the FAA has indicated that they would consider higher buildings within reason. The City
of Ontario has additional limitations due to its proximity to the airport.
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012 - Page 5 of 7
Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed
the public hearing.
The Assistant City Clerk/Records Manager read the title of Ordinance No. 854.
MOTION: Moved by Spagnolo, seconded by Williams to adopt Resolution Nos. 12-079 and 12-
080, take up Ordinance No. 854 for first reading and schedule second reading for June 20, 2012.
Motion carried 5-0.
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01. Update on post-Redevelopment dissolution. (Oral)
Linda Daniels, Assistant City Manager; James Markman, City Attorney; and John Gillison, City
Manager presented the update. Mr. Gillison addressed the initiation of litigation on the use of bond
proceeds to finish the Corporate Yard.
P. COUNCIL BUSINESS
P1. CONSIDERATION OF A RECOMMENDATION FROM THE COMMUNITY SERVICES
SUBCOMMITTEE REGARDING AN APPOINTMENT TO THE RANCHO CUCAMONGA
COMMUNITY&ARTS FOUNDATION BOARD OF DIRECTORS.
Mayor Pro Tem Spagnolo indicated that the Community Services Subcommittee is recommending
the reappointment of Linda Bryan to the Community&Arts Foundation Board of Directors.
MOTION: Moved by Spagnolo, seconded by Buquet, to reappoint Linda Bryan to serve on the
Community & Arts Foundation Board of Directors to a four year term, expiring in June, 2016.
Motion carried 5-0.
P2. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S
RECOMMENDATION REGARDING APPOINTMENTS TO THE PARK AND
RECREATION COMMISSION.
Mayor Michael indicated that the Community Services Subcommittee is recommending the
reappointment of Pat Morris and Kelly Matheny to the Park and Recreation Commission.
MOTION: Moved by Williams, seconded by Alexander, to reappoint Pat Morris and Kelly Matheny
to serve on the Park and Recreation Commission to a four year term, expiring in June, 2016.
Motion carried 5-0.
P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Council Member.)
Council Member Buquet referenced comments made earlier in the evening. He noted that the
statements made were not true and noted that he would not waste his time in responding to them.
Council Member Williams congratulated the planners of the Bicycle Rodeo, which was held this
past weekend. She noted that it was a wonderful event.
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012- Page 6 of 7
Mayor Michael noted that the City Council members frequently attend many community events
and thanked them for their commitment to the community.
P4. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Mayor Pro Tern Spagnolo thanked Senator Dutton for his work on SIB 986. He reported on the
Governor's May revise and stated that there is a 15.7 billion deficit.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
R. ADJOURNMENT
Mayor Michael adjourned the meeting at 8:45 p.m. in the memory of all the soldiers who gave their
lives on D-Day, June 6, 1944.
Res ctfully submitted,
Deb L. McNay, MIMIC
Assistant City Clerk/Records Manager
Approved: June 20, 2012
Fire Protection District, Financing Authority, City Council Minutes
June 6, 2012- Page 7 of 7