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HomeMy WebLinkAbout2013/03/06 - Minutes - CC, Fire, SA March 6, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETINGS • MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council and Fire Protection District held a closed session on Wednesday, March 6, 2013 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 Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. . • Also present were: John Gillison, City Manager; City Attorney James Markman, Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956. 8 FOR PROPERTY LOCATED AT 7391 EAST AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100- 771- 08; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA, AND PROPERTY OWNERS, RICHARD P. CHADO, DARLENE L. CHADO, AND ANTHONY C. CHADO AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.—CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100- 771- 01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA- AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY. –CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100- 771- 02; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/ LEWIS- FONTANA, A CALIFORNIA GENERAL PARTNERSHIP, AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY. - CITY Fire Protection District, Financing Authority, City Council Minutes Regular Meeting – March 6, 2013- Page 1 of 7 D4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) D5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — CITY OF RANCHO CUCAMONGA VS. CHARTER COMMUNICATIONS ENTERTAINMENT II, LLC, CASE NO. CIVRS1209807. —CITY D6. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE FIRE MANAGEMENT GROUP AND THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 227—FIRE D7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B)— CITY 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 6:30 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, Successor Agency, 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, Marc Steinorth, 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, Assistant City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Trang Huynh, Building & Safety Services Director; Mike Newcombe, Police Chief; Candyce Burnett, Planning Manager; Veronica Fincher, Animal Care and Services Director; Bill Wittkopf, Public Works Services Director; Fire Chief Mike Bell; Janice Reynolds, City Clerk; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Healthy RC Dining Presentation Ruben Brambilia, Healthy RC Kids Project Manager and Rajwinder Kaur, Healthy RC Intern, introduced the Healthy RC Dining participants. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—March 6, 2013- Page 2 of 7 I. PUBLIC COMMUNICATIONS 11. Jennie Johnson indicated that she was present to raise awareness about the lack of resources for homeless youth. 12. Jim Heitman, representing the Rancho Cucamonga Chamber of Commerce, thanked the City and its leadership team for helping to foster a great local economy and a business friendly environment. He announced upcoming grand openings and a new member meet and greet on March 12, 2013 at Lucille's. 13. Kevin King was appalled when he attended a recent open house on the lack of dogs. He expressed a concern with housing one dog per kennel. Mr. King questioned why the City would turn away volunteer help. 14. Ondra Gilbertson spoke about her experiences at the Animal Care and Services Center, noting that volunteers are desperately needed. She indicated that no videos are being taken of the play groups, and stated that when she comes in half of the dogs in the facility have not been walked. 15. Dana Keithly noted that some dog beds had holes in them and some dogs did not even have beds. She wondered how the money from the Furry Friends Festival was being used. Ms. Keithly pointed out that the terminated volunteers were not costing the taxpayers any money. She noted that volunteer activities are now being done by staff or not at all. She recently contacted a local business and was told that the Center staff had told them that it didn't have the volunteer force to provide adoptions at their business. 16. Susan Keithly questioned the documents provided by the Center on the number of volunteers and the volunteer hours. She noted that there are only 80 active volunteers, not 150. Two volunteers had hours carried over from 2011. Volunteers are receiving recognition for time they did not work. Ms. Keithly noted that the Center is not thriving and stated that more dogs have been euthanized than ever before. 17. Jeff Widen spoke about the regulations in Chapter 17.68.060 of the Municipal Code relating to recreational vehicles. He questioned why code enforcement is not following the regulations but instead are using existing case law to ignore the Municipal Code. 18. Victor Muniz distributed a letter to the City Council, requesting an audited report of expenditures on Landscape Maintenance District No. 2 (LMD 2). He noted that the City's response to his previous request was unacceptable and indicated that he refused the documents that were provided. Mr. Muniz noted that he was disappointed with the misleading brochure that was recently mailed to the property owners. He indicated that he would meet with the Mayor to discuss actions that could be taken in LMD 2 but not to discuss a tax increase. 19. Terry Jacobs addressed Ms. Keithly's statements regarding her volunteer service. Ms. Jacobs provides foster care and began volunteering for the Animal Care and Services Center in 2006. She stated that she had a significant vested interest in how the funds are being used and stressed that all money donated to the Center goes to the Center. She was proud and thankful of the services that were provided to the community. 110. John Lyons referenced Mr. Muniz's statements and pointed out that the assessment is not a tax, but a fee for service. He spoke about his dog, Crunch, and his good relationship with the Animal Care and Services Center. Lastly, Mr. Lyons reported that the Sacred Heart Catholic Church will be hosting a 50th anniversary celebration for Rev. Fred Gaglia. 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. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— March 6, 2013 - Page 3 of 7 J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: February 20, 2013(Regular Meeting) J2. Approval of Check Register dated February 13, 2013 through February 26, 2013 for the total amount of$232,693.16. J3. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 12-7 and ordering the annexation of such property located on the southeast corner of Etiwanda Ave. and Miller Ave., to Community Facilities District No. 85-1 (Lennar Homes of CA, Owner—APN: 1100-131-01). RESOLUTION NO. FD 13-009 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. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO.12-7 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: February 20, 2013(Regular Meeting) MOTION: Moved by Williams, seconded by Alexander, to approve the minutes. Motion carried 5- 0. L. CONSENT CALENDAR - CITY COUNCIL City Manager Gillison pulled Item L12 from the agenda and stated that it would be continued to another meeting. L1. Approval of Minutes: February 20, 2013(Regular Meeting) January 9, 2013(Special Meeting) December 18, 2012 (Special Meeting) L2. Approval of Check Register dated February 13, 2013 through February 26, 2013 and payroll ending February 26, 2013 for the total amount of$6,026,779.98. L3. Accept the Citywide Street Name Sign Replacement — FY 11/12, Contract No. CO 12- 020, as complete; release the bonds, accept a maintenance bond; approve the Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention, and approve the final contract amount of$40,460.25. RESOLUTION NO. 13-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CITYWIDE STREET NAME SIGN REPLACEMENT — FY 11/12 PROJECT, CONTRACT NO. 12-020 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L4. Approval to supplement Purchase Order No. 054290 in the Amount of $190,500, for a total of $236,500, for a contract with Sigmanet Inc. to provide temporary services to the Information Services Division. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— March 6, 2013- Page 4 of 7 L5. Approval to authorize the advertising of the "Notice Inviting Bids"for the FY 2012/13 Local Street Pavement Rehabilitation — Overlay of Various Streets, to be funded from Gas Tax RT 7360, Account No. 11743035650/1022174-0, and Proposition 42, Account No. 11903035650/1022190-0 for construction of said project. RESOLUTION NO. 13-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2012/13 LOCAL STREET PAVEMENT REHABILITATION — OVERLAY OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2012/13 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets, to be funded from Gas Tax RT 7360, Account No. 11743035650/1022174-0, and Proposition 42, Account No. 11903035650/1022190-0 for construction of said project. RESOLUTION NO. 13-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2012/13 LOCAL STREET PAVEMENT REHABILITATION — SLURRY SEAL OF VARIOUS STREETS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L7. Accept the Hellman Avenue Master Plan Storm Drain and Street Improvements - Phase 2 (from Cucamonga Creek Channel to ±200' north of 8th Street) project, Contract No. 12- 042 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 $7,390,146.50. RESOLUTION NO. 13-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HELLMAN AVENUE MASTER PLAN STORM DRAIN AND STREET IMPROVEMENTS - PHASE 2 (FROM CUCAMONGA CREEK CHANNEL TO ±200' NORTH OF 8TH STREET) PROJECT, CONTRACT NO. 12-042, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L8. Accept Improvements, release the faithful performance bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 18449, located on the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Richmond American Homes. RESOLUTION NO. 13-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18449 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L9. Accept the Solar Photovoltaic System installation at the Paul A. Biane Library at Victoria Gardens, Contract No. 12-081 as complete, release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract Account of$77,361.15. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— March 6, 2013 - Page 5 of 7 RESOLUTION NO. 13-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SOLAR PHOTOVOLTAIC SYSTEM INSTALLATION AT THE PAUL A. BIANE LIBRARY AT VICTORIA GARDENS CONTRACT NO. 12-081 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L10. Approval of Amendment No. 1 to the Billboard Relocation Agreement (CO 09-179) between San Diego Outdoor Advertising Inc. dba General Outdoor Advertising and the City of Rancho Cucamonga. L11. Authorization to accept additional 2010 Homeland Security Grant Program Funding in the Amount of $33,675.00 into Acct. No. 1381000-4740 (Grant Income); authorization to award the purchase of one (1) 2013 F-150 Super Crew 4X4 Pickup Truck to Frontier Ford as per Request for Quote ("RFQ")#116044 in the Amount of$28,215.81; authorization to appropriate $33,675.00 into Acct. No. 1381701-5604 (Capital Outlay-Vehicle); and authorization for the transfer of the Pickup Truck to the County of San Bernardino to facilitate its use for Police Department Services. L12. A Resolution granting consent to the City of Ontario to form the Greater Ontario Tourism Marketing District. (Removed from the agenda and continued to another meeting) RESOLUTION NO. 13-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT (GOTMD) MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the remaining staff reports. Motion carried 5-0. M. CITY MANAGER'S STAFF REPORTS - CITY/FIRE The following items have no legal publication or posting requirements. M1. Presentation of the 2012 Department Statistics Report highlighting the Activities and Achievements of Each City Department. (Oral Report) Donna Finch, Management Analyst I, presented the staff report. M2. Animal Care and Adoption Center 2012 Annual Report. (Oral Report) Veronica Fincher, Animal Care and Services Director, and staff members presented the staff report. M3. Adoption of Resolution approving the City of Rancho Cucamonga's participation in the San Bernardino County Recycling Market Development Zone Program. RESOLUTION NO. 13-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CITY OF RANCHO CUCAMONGA'S PARTICIPATION IN THE SAN BERNARDINO COUNTY RECYCLING MARKET DEVELOPMENT ZONE Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—March 6, 2013- Page 6 of 7 Fabian Villenas, Principal Management Analyst, presented the staff report. MOTION: Moved by Alexander, seconded by Williams, to adopt Resolution No. 13-028. Motion carried 5-0. IN. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. Ni. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Steinorth read a letter from Jeri Lee thanking Chief Bell and the Fire Department for saving her life. Mayor Pro Tem Spagnolo indicated Frank is home recovering from his open heart surgery. He also thanked the Fire Department as he had needed their assistance recently. Mayor Pro Tem Spagnolo reported on several Omnitrans meetings in which the focus has been on improving Omnitran's image. Also, the Board is discussing the possibility of forming a transit authority. In response, Council Member Williams noted that she recently saw a bus on Base Line that was filled to capacity. Council Member Alexander commented on the testimony received on the Animal Care and Services Center. He hoped that both sides could work together to seek a better understanding. Mayor Michael reported on a recent San Bernardino Associated Governments (SANBAG) meeting. There is a call for applications for pedestrian/bicycle facility projects, considered and approved a Property Assessed Clean Energy (PACE) Program, and approval of an agreement to proceed with the Interstate 15/Base Line Road Interchange Improvements. 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified. IP. ADJOURNMENT I After a moment of silence for Detective Jeremiah MacKay, the meeting was adjourned at 8:50 p.m. R pectfully submitted, De(la L. McNay, MM Assi nt City Clerk/Records Manager Approved: March 20, 2013 Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—March 6, 2013- Page 7 of 7