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HomeMy WebLinkAbout2012/06/20 - Minutes June 20, 2012 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, June 20, 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 PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 REGARDING ACQUISITION OF REAL PROPERTY INTERESTS, CONSISTING OF A PORTION OF A PERMANENT HIGHWAY EASEMENT INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT FOR A TERM OF ONE YEAR FOR STREETS, HIGHWAYS AND RELATED PURPOSES FROM REAL PROPERTY OWNED BY LUPE VIRAMONTEZ AS TRUSTEE OF THE LUPE VIRAMONTEZ FAMILY TRUST DATED JULY 20, 1990 LOCATED AT 13408 BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA AND IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session recessed at 5:45 p.m. with no action taken. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 1 of 15 IF G. SPECIAL MEETING OF THE CITY COUNCIL ONLY CALL TO ORDER - 6:00 P.M. A special meeting of the City Council convened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 6:00 p.m. Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams; Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nettie Nielsen, Community Services Director; Debra McNay, Assistant City Clerk/Records Manager; Adrian Garcia, Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ITEMS OF BUSINESS H1. Recognition of the 2012 Youth Basketball Girls "C" Division All Stars for winning the Southern California Municipal Athletic Federation Championship. Mayor Michael presented certificates of achievement to the 2012 Youth Basketball Girls "C" Division All Stars and congratulated them on their achievements. H2. Recognition of the 2012 Youth Basketball Girls "B" Division Bailers for placing Second in the Southern California Municipal Athletic Federation Championship. Mayor Michael presented certificates of achievement to the 2012 Youth Basketball Girls "B" Division Bailers and congratulated them on their achievements. H3. Recognition of the 2012 Youth Basketball Boys "AA" Division Knicks for placing Second in the Southern California Municipal Athletic Federation Championship. Mayor Michael presented certificates of achievement to the 2012 Youth Basketball Boys "AA" Division Knicks and congratulated them on their achievements. H4. Recognition of the 2012 Youth Basketball Boys "B" Division Heat for winning the Southern California Municipal Athletic Federation Inland Valleys Championship. Mayor Michael presented certificates of achievement to the 2012 Youth Basketball Boys "B" Division Heat and congratulated them on their achievements. H5. Recognition of the U16 Boys for outstanding success in representing the 2012 Rancho Cucamonga Flames. Mayor Michael presented certificates of achievement to the U16 Youth Boys and congratulated them on their achievements. H6. Recognition of the U12 Boys Fall Program for outstanding achievement in Region, Area and Section playoffs. Mayor Michael presented certificates of achievement to the U12 Youth Boys and congratulated them on their achievements. H7. Recognition of Los Osos High School Girls Soccer Team Winners. Mayor Michael indicated that the Los Osos High School Soccer Team could not be present tonight and noted that they will be rescheduled. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012- Page 2 of 15 I. RECESS The special meeting adjourned at 6:34 p.m. J. 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 President/Vice 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; Veronica Fincher, Animal Services Director; Jeff Bloom, Interim Planning Director; Trang Huynh, Building & Safety Services Director; Police Chief Mike Newcombe; Debra McNay, Records Manager/Assistant City Clerk; Adrian Garcia, Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. K. ANNOUNCEMENTS/PRESENTATIONS Mayor Michael noted that Mary Kuhn passed away. Mary began her career with the City in December of 1980. She worked in the Personnel Division and retired in November 1999. Mayor Michael and the members of the City Council expressed their condolences to the family. K1. Presentation of a Proclamation to Trudy Coleman and Juneteenth America, Inc., regarding "California Juneteenth National Freedom Day." Mayor Michael presented a proclamation to Trudy Coleman recognizing "California Juneteenth National Freedom Day." K2. Administration of Oaths of Office to newly re-appointed Park and Recreation Commissioners Kelly Matheny and Patricia Morris. (Mayor) Mayor Michael administered Oaths of Office to Commissioners Kelly Matheny and Patricia Morris. K3. Presentation of the American Public Power Association's 2011 Safety Award of Excellence. Fred Lyn, Utility Divisions Manager, presented the Mayor and City Council with the American Public Power Association's 2011 Safety Award of Excellence. K4. Proclamation for National Dump the Pump Day. Mayor Michael presented a proclamation for National Dump the Pump Day. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 3 of 15 K5. Presentation of Certificates of Recognition to the Freedom Courtyard Core Team and Mary Andrew on Receiving the 2012 California Park & Recreation Society(CPRS) District 11 Layman Award. Mayor Michael presented certificates of recognition to the Freedom Courtyard Core Team and Mary Andres for receiving the 2012 California Park & Recreation Society District 11 Layman Award. L. PUBLIC COMMUNICATIONS L1. Jerie Lee expressed a concern that the special budget meeting last Thursday was in another room and was not televised. She noted that the 2012113 budget was not on the Internet and indicated that she would have liked to hear the deliberations on the budget. L2. Jim Moffatt indicated that the issue with military service has gotten out of hand. He noted that in 2010, Council Member Buquet did not mention his service in the military when all of the candidates were interviewed by the newspaper. Mr. Moffatt noted that the council member is evading the issue. L3. Susan Keithly indicated that she volunteers at the Animal Care and Adoption Center. She noted that the volunteers who work with the animals are concerned with the recent decision to solely use 501 c3 rescues. She requested a meeting to discuss this further. L4. Joanne Cudney stated that she has been rescuing animals on her own for 7 years. She noted that recently a Code Enforcement Officer came to her house and took pictures without identifying herself. Mrs. Cudney indicated that she wanted to obtain a kennel permit but noted that kennels are not allowed by the City. L5. Jennifer Corso indicated that she volunteers at the Animal Care and Adoption Center. She requested that the City place vinyl stickers on the front of the facility indicating that the Center was a low kill facility. Also, cameras should be placed in the facility and more adoption events should be held. L6. Janet Walton offered a prayer for the City Council and the audience. L7. Raymond Herrera expressed concerns about the recent Cinco de Mayo event. He also stated that anyone his age currently serving on the City Council who did not fight was a coward. Also, Mr. Herrera indicated that President Obama was a tyrant and that providing amnesty to the children of illegal aliens was illegal. L8. Robin Hvidston expressed disappointment that the City Council had promoted the Cinco de Mayo event in the City. She expressed a concern with the use of tax dollars to celebrate another culture. Ms. Hvidston provided information on the Mexican cartels currently operating in the United States. Council Member Buquet commented on the speakers question regarding his military service and provided a photograph of his discharge papers. John Lyons apologized to the City Council members who have served in the military. He supported the celebration of Cinco de Mayo. Lastly, Mr. Lyons commended the County Board of Supervisors for forming a joint-powers authority that would look into establishing a program to help homeowners who are upside-down on their mortgages. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012- Page 4 of 15 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. M. CONSENT CALENDAR - FIRE PROTECTION DISTRICT M1. Approval of Minutes: June 6, 2012 (Regular Meeting) June 6, 1021 (Budget Meeting) M2. Approval of Check Register dated May 30, 2012 through June 12, 2012 for the total amount of$114,654.94. M3. Approval to receive and file current Investment Schedule as of May 31, 2012. M4. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-12-1 located on the south side of Leman Avenue west of Hermosa Avenue and ordering the annexation of such property to Community Facilities District No. 88-1 (Jaime Campos, Owner—APN: 0201-902-16). RESOLUTION NO. FD 12-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILTIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-12-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1. MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. N. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY N1. Approval of Minutes: June 6, 2012(Regular Meeting) MOTION: Moved by Williams, seconded by Spagnolo, to approve the minutes. Motion carried 5-0. O. CONSENT CALENDAR - CITY COUNCIL 01. Approval of Minutes: June 6, 2012(Regular Meeting) June 6, 1021 (Budget Meeting) 02. Approval of Check Register dated May 30, 2012 through June 12, 2012 and payroll ending June 12, 2012 for the total of$4,553,902.70. 03. Approval to receive and file current Investment Schedule as of May 31, 2012. 04. Release of Maintenance Bond No. PRF7615639-M in the amount of $64,426.00 for the Citywide Bridge Deck Maintenance Phase 2 of 3, Contract No. CO 10-059. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 5 of 15 05. Approval of Professional Services Agreement between City of Rancho Cucamonga and Rancho Cucamonga Chamber of Commerce for Economic Development Services. 06. Accept the Victoria Gardens Cultural Center LED Sign Project, Contract No. 12-017 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$51,590.00. RESOLUTION NO. 12-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA GARDENS CULTURAL CENTER LED SIGN PROJECT CONTRACT NO. 12-017 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 07. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the amended Measure "I" Five-Year Capital Improvement Program for the expenditure of Measure"I" funds covering Fiscal Years 2011/2016 RESOLUTION NO. 12-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2011/2016 FOR THE EXPENDITURE OF MEASURE "I" FUNDS 08. Approval of a Resolution renewing the Professional Services Agreements with no fee increase and consistent with the original competitive bid process for Ninyo & Moore, Salem Engineering Group, Inc. and Leighton Consulting, Inc. for annual soils and materials testing services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. RESOLUTION NO. 12-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH NINYO & MOORE, SALEM ENGINEERING GROUP, INC. AND LEIGHTON CONSULTING, INC. FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY 09. Approval of a Resolution renewing the Professional Services Agreements with no fee increase and consistent with the original competitive bid process for Dan Guerra & Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc. and CSD Land Surveying, Inc., for annual survey services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. RESOLUTION NO. 12-085 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, WESTLAND GROUP, INC. AND CSD LAND SURVEYING INC., FOR ANNUAL SURVEY SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY Fire Protection District, Financing Authority, City Council Minutes June 20, 2012- Page 6 of 15 010. Approval of a Resolution renewing the Professional Services Agreement with no fee increase and consistent with the original competitive bid process for Aufbau Corporation for providing annual construction inspection and engineering support services for FY 2012/2013, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2012/2013 Budget. RESOLUTION NO. 12-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENT WITH AUFBAU CORPORATION FOR PROVIDING ANNUAL CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES FOR FY 2012/2013 FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY 011. Accept the bids received and award and authorize the execution of the contract in the amount of$146,411.00, to the lowest responsive bidder, J.F. Shea Construction Inc., and authorize the expenditure of a 10% contingency in the amount of $14,641.10, for the Replacement of Pedestrian Bridge Decks Crossing over Deer Creek Channel to be funded from Infrastructure Funds, Account Nos. 1198303-5650/1825198-0 and 1198303- 5650/1824198-0. 012. Approval to authorize the advertising of the "Notice Inviting Bids" for the installation of a Solar Photovoltaic System at the Paul A. Biane Library at Victoria Gardens to be funded from Utility Fund, Account No. 17063035209 for construction of said project. RESOLUTION NO. 12-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF A SOLAR PHOTOVOLTAIC SYSTEM AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 013. Accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 16227-1, located on the north side of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. RESOLUTION NO. 12-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16227-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 014. Consideration of approval of Resolutions initiating proceedings to levy annual assessments, preliminarily approve the annual Engineer's report, declaring the City Council's Intention to levy annual assessments with Park and Recreation Improvement District No. PD-85 for Fiscal Year 2012/13 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. RESOLUTION NO. 12-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012-13 Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 7 of 15 RESOLUTION NO. 12-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2012-13 RESOLUTION NO. 12-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-2013 PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 015. Consideration of approval of Resolutions initiating proceedings to levy annual assessments, preliminarily approve the annual Engineer's report, declaring the City Council's intention to levy annual assessments within Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8, inclusive, for Fiscal Year 2012/13 and setting the time and place for a public hearing thereon. No increase of assessment rate is proposed. RESOLUTION NO. 12-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2012-13 RESOLUTION NO. 12-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, FOR FISCAL YEAR 2012-13 RESOLUTION NO. 12-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-2013 IN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 THROUGH 8, INCLUSIVE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 016. Consideration of approval of Resolutions initiating proceedings to levy annual assessments, preliminarily approve the annual Engineer's report, declaring the City Council's intention to levy annual assessments within Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10 for Fiscal Year 2012/13 and setting the time and place for a public hearing thereon. No inGFease of assessment Fate 66 PFepesed. (Revised staff report submitted) Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 8 of 15 RESOLUTION NO. 12-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9, AND 10 FOR FISCAL YEAR 2012-13. RESOLUTION NO. 12-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9, AND 10 FOR FISCAL YEAR 2012-13. RESOLUTION NO. 12-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 IN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9, AND 10 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON. 017. A Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the Mid-Manager, Supervisory/Professional and General Labor Group for the period 2012-2014. (Removed for Discussion) RESOLUTION NO. 12-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY/ PROFESSIONAL AND GENERAL EMPLOYEE LABOR GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012-13 AND 2013-14 018. A Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the San Bernardino Public Employees Association for the period 2012- 2014. (Removed for Discussion) RESOLUTION NO. 12-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012-13 AND 2013-14. 019. Approval to transfer a City vehicle to the County of San Bernardino for Police Services. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 9 of 15 020. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, State of California, providing for the pre-tax treatment of cost-sharing contributions to PIERS under Section 414 (H)(2) of the Internal Revenue Code RESOLUTION NO. 12-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, PROVIDING FOR THE PRE- TAX TREATMENT OF COST-SHARING CONTRIBUTATIONS TO PIERS UNDER SECTION 414 (H) (2)OF THE INTERNAL REVENUE CODE 021. Accept the bids received and award and authorize the execution of a contract in the amount of $205,538, to the lowest responsive bidder, MG Enterprises, and authorize the expenditure of $205,538, plus a 10% contingency in the amount of $20,554; and authorize the appropriation and award of $50,000 (County grant) from fund 1272401- 5650; receive community contributions in the amount of $88,272 into Fund 272 and appropriate and award these funds for the Freedom Courtyard Project expenditure from Fund 272; and award $25,000 from Fund 120305-5650/1802120-6314 (Park Development); $26,480 from Fund 18882000-2313 (Park Trust Fund); and $36,340 from Fund 1882000-2354(Park Trust Fund). (Removed for Discussion) City Manager John Gillison addressed Item 016 (Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4-R, 5, 6-R, 7, 8, 9 and 10), noting that the agenda title was incorrect as there will be an assessment increase in LMD 6-R). Mayor Michael removed Items 017 and 018 for discussion. Council Member Buquet removed Item 021 for discussion. MOTION: Moved by Spagnolo, seconded by Buquet, to approve the staff recommendations in the remaining staff reports. Motion carried 5-0. 017. A Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the Mid-Manager, Supervisory/Professional and General Labor Group for the period 2012-2014. (Removed for Discussion) RESOLUTION NO. 12-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY/ PROFESSIONAL AND GENERAL EMPLOYEE LABOR GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012-13 AND 2013-14 018. A Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the San Bernardino Public Employees Association for the period 2012- 2014. (Removed for Discussion) RESOLUTION NO. 12-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2012-13 AND 2013-14. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 10 of 15 021. Accept the bids received and award and authorize the execution of a contract in the amount of $205,538, to the lowest responsive bidder, MG Enterprises, and authorize the expenditure of $205,538, plus a 10% contingency in the amount of $20,554; and authorize the appropriation and award of $50,000 (County grant) from fund 1272401- 5650; receive community contributions in the amount of $88,272 into Fund 272 and appropriate and award these funds for the Freedom Courtyard Project expenditure from Fund 272; and award $25,000 from Fund 120305-5650/1802120-6314 (Park Development); $26,480 from Fund 18882000-2313 (Park Trust Fund); and $36,340 from Fund 1882000-2354(Park Trust Fund). (Removed for Discussion) Mayor Michael referenced agenda items 017 and 018 noted that many hard decisions have been made to balance the FY 2012/13 budget, including layoffs, furloughs, etc. He thanked the employees for partnering with the City during this difficult time. Mayor Pro Tern Spagnolo concurred, and clarified the comments that he had made to the Daily Bulletin, which were taken out of context. Council Member Alexander noted a point of order. Council Member Buquet indicated that he removed agenda item 021 as an example of a good partnership with the community to honor our veterans. MOTION: Moved by Spagnolo, seconded by Buquet, to approve the staff recommendations in agenda items 017, 018 and 021. Motion carried 5-0. P. CONSENT ORDINANCES CITY COUNCIL The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The 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 a Board Member, or Council Member. P1. 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. ORDINANCE NO. 854 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 AMENDMENT DRC2010-00685, AMENDING SECTION 5.3.2 OF THE IASP 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. The Assistant City Clerk/Records Manager read the title of Ordinance No. 854. MOTION: Moved by Williams, seconded by Spagnolo to adopt Ordinance No. 854 for second reading. Motion carried 5-0. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 11 of 15 Q. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. Q1. Adoption of a resolution making determinations regarding the proposed annexation of territory (Beazer Homes Holding Corp., Owner— APN 0210-062-08 - Annexation No. 12- 4) located on the southwest corner of Archibald Avenue and 6th Street 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 12-029 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. 12-4) 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 Rob Ball, Fire Marshall, presented the staff report. Chairman Michael opened the public hearing. With no one wishing to speak, Chairman Michael closed the public hearing. MOTION: Moved by Buquet, seconded by Williams to adopt Resolution No. FD 12-029. Motion carried 5-0. R. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. R1. MUNICIPAL CODE AMENDMENT DRC2010-00571 AND ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) - CITY OF RANCHO CUCAMONGA — A comprehensive update to the Development Code including a request to replace Title 17 (Development Code), modify Chapter 2.24 (Historic Preservation), modify Chapter 1.12 (Penalties, Administrative and Civil Remedies and General Provisions), delete Chapter 5.12 (Regulation of Entertainment), delete Title 14 (Signs), delete Chapter 19.08 (Tree Preservation) and other clarifying amendments of the City of Rancho Cucamonga Municipal Code as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). DEVELOPMENT FEE SCHEDULE 2012 - CITY OF RANCHO CUCAMONGA - Consideration of a proposal to establish new development fees for Planning services as a result of the creation of new application types in the comprehensive update to the Development Code(DRC2010-00571). Fire Protection District, Financing Authority, City Council Minutes June 20, 2012- Page 12 of 15 ORDINANCE NO. 855 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2010-00571, A COMPREHENSIVE UPDATE TO THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 12-101 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES FOR SERVICES RELATED TO APPLICATIONS FOR SITE PLAN REVIEW AND FOR THE MODIFICATION OF PREVIOUSLY APPROVED LAND USE ENTITLEMENTS City Attorney James Markman indicated that staff is requesting that this item be continued to July 18, 2012. MOTION: Moved by Buquet, seconded by Alexander to continue this matter to July 18, 2012. Motion carried 5-0. S. CITY MANAGER'S STAFF REPORTS - SUCCESSOR AGENCY The following items have no legal publication or posting requirements. S1. Authorize the purchase and installation of one (1) lot of systems furniture, fixtures, and walls from GM Business Interiors, Inc. in the amount of $745,587.40, utilizing a competitively bid contract awarded by the County of San Bernardino, Contract Number 10-209, funded from Account Number 2660801-5650/1650660-0 (2004 Tax Allocation Bonds) and authorize the related appropriations into the appropriate account numbers to be determined by staff. (S1 and S2 discussed together. Revised staff report submitted) S2. Authorize the purchase and installation of one (1) NEC SV8300 telephone switch, hardware, and software from NEC Unified, Inc., in the amount of $36,711.36, utilizing GSA contract number GS-35F-0511T 877, funded from account numbers 2660801- 5650/1650660-0-$30,103.32 (2004 Tax Allocation Bonds) and 1188313-5650/1525188-0- $6,007.31 (Integrated Waste Management) and authorize the related appropriations into the appropriate account numbers to be determined by staff (S1 and S2 discussed together. Revised staff report submitted). Linda Daniels, Assistant City Manager, presented the revised staff report. City Attorney James Markman noted that the proposed action specifically identifies the source of funds, which is the 2004 Tax Allocation Bonds. In response to Mayor Michael, Mrs. Daniels noted that the Department of Finance has disapproved this request as there was not a contact in place at the time the legislation was enacted. She noted that there is a risk that if we proceed with this action and it is not approved by the Department of Finance and the subsequent lawsuit is not successful, that the City will need to fund this expense in another manner. In response to Mayor Michael, City Attorney James Markman indicated that other cities have been identified in multiple counties that would join the City of Rancho Cucamonga in a lawsuit, if needed. Council Member Buquet noted for the audience that the City issued the tax allocation bonds in 2004 with the expressed intent to complete capital improvements. We are currently constructed the municipal yard, which is being stopped due to a technicality. The City is being forced to take this action. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 13 of 15 MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations as corrected in both of the staff reports. Motion carried 5-0. T. CITY MANAGERS STAFF REPORTS The following items have no legal publication or posting requirements. T1. PRESENTATION TO THE CITY COUNCIL ABOUT THE CLEAN-UP EVENT THAT OCCURRED ON MAY 19, 2012. (ORAL REPORT) Kurt Keating, Code Enforcement Supervisor, presented the staff report. In response to Mayor Pro Tern Spagnolo, Mr. Keating indicated that there was a great response from the community. U. ADMINISTRATIVE HEARING ITEM(S) Speaker cards may be submitted for all those who wish to speak on the following topic(s). Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. U1. CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR A PUBLIC PURPOSE IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227-131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO, SUBTT18806. RESOLUTION NO. 12-102 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED CONSTRUCTION OF INTERSECTION AND ROADWAY IMPROVEMENTS AT PECAN AVENUE (SHELBY PLACE NORTH) AND BASE LINE ROAD OVER A PORTION OF SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0227- 131-09 AND 0227-131-10 AS PART OF THE CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO. SUBTT18806 Dan James, Senior Civil Engineer, presented the staff report. In response to Council Member Buquet, Mr. James confirmed that this property is already encumbered with utilities and provides access and utility easements to other properties to the north. Mr. James also confirmed that 6,300 square feet is needed for roadway purposes and 1,200 square feet is needed for temporary construction purposes. Also, in response to Council Member Buquet, he indicated that the improvements would be done by a third party. In response to Mayor Michael, Mr. James displayed and commented on the map on Page 775. Mr. James indicated to Mayor Michael that development could potentially occur to the north and west of the take. Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 14 of 15 Mayor Michael opened the hearing. Stephen P. Janis from the firm of Banks, Garcia R Janis indicated that he is represents Lupe Viramontez, Trustee of the Viramontez Family Trust. He thanked Mr. James for a thorough presentation and indicated that his questions have been answered. Mayor Michael closed the hearing. MOTION: Moved by Williams, seconded by Spagnolo to adopt Resolution No. 12-102. Motion carried 5-0. V. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. V1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. W. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. X. ADJOURNMENT Mayor Michael adjourned the meeting at 9:12 p.m. in the memory of Mary Kuhn. Res ctfully submitted, _ � �- Debr . McNay, MMC Assistant City Clerk/Records Manager Approved: July 18, 2012 Fire Protection District, Financing Authority, City Council Minutes June 20, 2012 - Page 15 of 15