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HomeMy WebLinkAbout2013/05/01 - Minutes - CC, Fire, SA May 1, 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, May 1, 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/President L. Dennis Michael. Present were Council Members/Board Members: Bill Alexander, Diane Williams, Marc Steinorth, Vice President/Mayor Pro Tern Sam Spagnolo and President/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) I The following closed session items were considered: D1. CONSIDERATION OF WITH LEGAL COUNSEL — ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) —CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13349 BASELINE AVENUE, 13451 BASELINE AVENUE, AND 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-02, -03, AND -09; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/ LEWIS- FONTANA, A CALIFORNIA GENERAL PARTNERSHIP AND PACIFIC DEVELOPMENT GROUP AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D3. 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, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D4. 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, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, RICHARD P. CHADO, DARLENE L. CHADO AND ANTHONY C. CHADO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT —CITY Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 1 of 15 D5. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7175 GREEN GLEN COURT IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-012-01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, JAMES M. TAMAYO SR., AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D6. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7211 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-51; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, GAMERO FAMILY TRUST, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D7. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7221 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-52; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, DINAH PIERSON, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D8. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13079 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-55; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, VICTOR CAMPOS AND ROSENDA PEREZ, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D9. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13089 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-54; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, GERALD LOPEZ AND DANNELLE R. CARPIO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D10. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7201 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-50; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, SATINJERIT S. BHATTI AND SIMRIT BHATTI, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 2 of 15 D11. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7231 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-53; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, CARLOS A. LANDINO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT — CITY IC. 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 Tem 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, Assistant City Manager/Economic & Community Development; Trang Huynh, Building & Safety Services Director; Bill Wittkopf, Public Works Services Director; Nettie Neilson, Community Services Director; Robert Karatsu, Library Services Director; Mike Newcombe, Police Chief; Veronica Fincher, Animal Care and Services Director; Candyce Burnett, Planning Director; Fire Chief Mike Bell; Jim Frost, City Treasurer; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Proclamation declaring May, 2013 as Lupus Awareness Month. Mayor Michael presented a proclamation to Kimberly Dansby of the Purple Rose Foundation declaring May, 2013 as Lupis Awareness Month. H2. Proclamation declaring May, 2013 as Water Awareness Month. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 3 of 15 Mayor Michael presented a proclamation to President Oscar Gonzalez and Director Kathleen Tiegs of the Cucamonga Valley Water District declaring May, 2013 as Water Awareness Month. H3. Presentation to the Hearts for Animal Club at Rancho Cucamonga High School for their support of the Animal Care and Services Center. Mayor Michael presented certificates of appreciation to the Hearts for Animals Club and thanked them for their support. Item H6 was heard at this time, but is listed in the minutes in the order it was shown on the agenda. H4. Presentation recognizing City of Rancho Cucamonga's Complete Streets Policy. Erika Lewis-Huntley, Management Analyst II, presented information regarding the City's Complete Streets Policy. H5. Local History Night— May 10, 2013. Fire Chief Mike Bell, Library Director Robert Karatsu and Planning Director Candyce Burnett invited the City Council and the audience to Local History Night, May 10, 2013. H6. Proclamation declaring May "National Physical Fitness and Sports Month" Community Activities. Mayor Michael presented a proclamation to Celeste Medrano, Community Services Supervisor, declaring May as National Physical Fitness Month. County Supervisor Janice Rutherford also made a presentation and a PowerPoint presentation was made. I. PUBLIC COMMUNICATIONS I 11. Jerie Lee invited the City Council and the audience to the Black and White Gala, which will be held on May 4, 2013 at Central Park. 12. Jim Heitman, representing the Rancho Cucamonga Chamber of Commerce, announced various grand openings and other networking events. He noted that the 17th Annual Spring Swing will be this Friday, May 3, 2013 at Empire Lakes. 13. Dr. William Martin II spoke about the National'Day of Prayer, which will be held on May 2, 2013 at the Bank of America courtyard at the Cultural Center. 14. Eugene Moy spoke about the recent Planning Commission decision to delay the demolition process for the China House until a full Environmental Impact Report is prepared. Mr. Moy was advised by the Cucamonga Valley Water District that they could not follow this decision due to the previous action of the Building Official. Mr. Moy requested that direction be given to the Building Official. 15. Kevin King spoke about the dismissal of the volunteers at the Animal Care and Services Center. He noted that an inexperienced Director was employed to implement a no kill policy and asked that the Directors be judged on the results that they deliver. 16. Jesse Kreider noted that he was told that he would never have to euthanize an animal even though it was in his job description. He noted that he was forced to euthanize dogs by the current Animal Services Director. Most residents do not know that the Animal Care and Services Center euthanizes animals. !7. Allison Kreider indicated that there was a huge reduction in the animal population at the Center and wondered how statements could be made that the Center is thriving. She noted that some dogs go weeks without being walked, there is no Yappy Hour and fewer videos. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 4 of 15 18. Dana Keithly spoke about the successful Best Friends program. There was an article in the Daily Bulletin today regarding the Animal Care and Services Center where the Director indicated that all options are exhausted before an animal is euthanized. This is not the case. 19. Susan Keithly discussed how the live release rate was determined. The live release rate of 84% is different than the adoption rate as non adoptable animals are not included in the calculations: She noted that the volunteers and Mr. Krieder were dismissed as they spoke out. 110. Josh Liddy wondered why the efforts of the dismissed volunteers aren't appreciated. Someone needs to address the retaliation allegations and why the volunteers were fired. 111. Ed Dietl hoped that the City Council would address the statements regarding the Animal Care and Services Center. He referred to the Planning Commission's decision regarding the China House and hoped that the demolition order would be rescinded. 112. Jennifer Corso displayed several walk charts to the City Council. She noted that many of the dogs are not being walked as often as they used to be. Now, new volunteers need to have a background check. Mrs. Corso noted that the City is paying for background checks that aren't necessary and are prolonging the pre-approval process. 113. Jim Frost noted that the Run for the Wall is two weeks away and thanked the City Council for their support. 114. Luana Hernandez spoke about the recent action of the Planning Commission. She reported that the Cucamonga Valley Water District has not received any correspondence from the City. She urged the City Council to send a letter to the CVWD supporting the need for a study. 115. Matt Rogers invited the City Council and the audience to a Brew for the Cure event, to be held on May 11, 2013 at the Rancho Cucamonga Brewing Company. The proceeds will benefit Cystic Fibrosis. 116. David Dykstra was concerned that the City did not learn from Mr. Nathan Winograd's report on the implementation of a"No Kill"facility. 117.John Lyons expressed his condolences to the families of the firefighters who lost their lives in Texas. He expressed a concern with the 1-15 freeway, noting that Caltrans has blocked off the right tow lanes and is forcing traffic immediately into Lane 3. Also, there are potholes on the freeway. Mr. Lyons noted that background checks are done when a person volunteers at church or at a school and indicated that he has had a good experience at the Animal Care and Services Center. 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. City Attorney Jim Markman noted that the City had received an appeal of a decision by the Building Official. This matter came to the City's attention after the agenda was prepared and there is a need to consider forming the Building Board of Appeals as soon as possible in order to meet the legal deadlines. MOTION: Moved by Alexander, seconded by Williams, to add Item P3 (Building Board of Appeals and the Membership appointment) to the agenda. Motion carried 5-0 Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 5 of 15 J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: April 17, 2013 (Special Meeting) April 17, 2013 (Regular Meeting) J2. Approval of Check Register dated April 10, 2013 through April 23, 2013 for the total amount of$691,812.03. J3. Fire Agencies Insurance Risk Authority(FAIRA) Board of Directors election. J4. Release of Faithful Performance Bond held in lieu of a Maintenance Guarantee Bond, in the amount of $2,871,000.46, for the Hellman Fire Station (177) construction project, Contract No. FD10-006. J5. Approval of amended Fiscal Year 2012/13 Appropriations. MOTION: Moved by Spagnolo, seconded by Steinorth, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY I K1. Approval of Minutes: April 17, 2013 (Regular Meeting) MOTION: Moved by Williams, seconded by Spagnolo, to approve the minutes of the meeting. Motion carried 5-0. L. CONSENT CALENDAR - CITY COUNCIL I L1. Approval of Minutes: April 17, 2013 (Regular Meeting) L2. Approval of Check Register dated April 10, 2013 through April 23, 2013 and payroll ending April 23, 2013 for the total amount of$3,777,155.07. L3. Authorization to advertise the "Notice Inviting Bids"for the Central Park Pavilion Project. RESOLUTION NO. 13-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FREEDOM COURTYARD PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Release of Faithful Performance Bond held in lieu of a Maintenance Guarantee Bond, in the amount of $36,826.00, for the Victoria Gardens Cultural Center Celebration Hall Flooring Project, Contract No. 11-074. L5. Authorization to purchase upgraded computer forensics analysis workstation for the Police Department from Forensic Computers, Inc. in the amount of $37,766.52 as a sole source vendor and authorization to appropriate $37,766.52 State Asset Seizure Funds into Account Number 1195701-5605 (Capital Outlay-Computer Equipment). Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 6 of 15 L6. Approval to accept grant revenue in the amount of $45,000 awarded by the California Emergency Management Agency (FY 2010 Homeland Security Grant-Amended), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the Rancho Cucamonga Fire Protection District into Account Number 1380000-4740 (Grant Income); and authorization to appropriate $45,000 into Account Number 1380501-5207 for the purchase of a Regional (West End JPA) Amateur Radio Redundant Digital Data Emergency Communications Project. L7. Accept the bids received and award the base bid and authorize the execution of the contract in the amount of $477,756.00, to the lowest responsive bidder, Laird Construction Company, Inc., and authorize the expenditure of a 10% contingency in the amount of $47,775.60, for the Fiscal Year 2012/2013 Local Street Pavement Rehabilitation — Overlay of Various Streets project to be funded from Gas Tax RT7360 Funds, Account Number 1174303-5650/1022174-0 and appropriate an additional amount of $192,000.00 to Account Number 1174303-5650/1022174-0 from Gas Tax RT7360 Fund balance. L8. Accept the bids received and award and authorize the execution of the contract in the amount of $327,858.75, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $32,785.88, for the Fiscal Year 2012/2013 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets project to be funded from Gas Tax RT7360 Funds and Proposition 42 Funds, Account Numbers 1174303-5650/1022174-0 and 1190303-5650/1022190-0 respectively and appropriate an additional amount of $209,900.00 to Account Number 1190303- 5650/1022190-0 from Proposition 42 Fund balance. L9. Approval of agreement for landscape maintenance within State highway right-of-way on Route I-15 within the City of Rancho Cucamonga with the California Department of Transportation (CalTrans) for maintenance of landscape improvements related to the Interstate 15 at Base Line Road Interchange Improvement project. L10. Approve and authorize the execution of a Professional Services Agreement in the amount of $100,000.00 to Richard Heath and Associates, Inc. for Energy Conservation Audits and to implement a customer direct installation program for Rancho Cucamonga Municipal Utility customers to be funded from Account Number 17063035300 Utility Public Benefit Fund. L11. Release of Maintenance Guarantee Bond for Tract 16227-1, located on the north side of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. L12. Approval of Utility Agreement Number 22727 with Southern California Edison for relocation of utilities related to the Interstate 15 at Base Line Road Interchange Improvement Project. L13. Authorization to increase the annual expenditure for the procurement of batteries from Interstate Battery of Alta Loma, California. L14. Approval to authorize the advertising of the "Notice Inviting Bids" for the Deer Creek Channel Bike Trail Improvements from Base Line Road to Highland Avenue to be funded from Safe Routes to School and Beautification Funds. RESOLUTION NO. 13-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS FROM BASE LINE ROAD TO HIGHLAND AVENUE" PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 7 of 15 L15. Approval of amended Fiscal Year 2012/13 Appropriations. L16. Approval to receive and file Animal Center statistics for February and March 2013 — Removed for discussion. L17. Approval of an agreement between the City of Rancho Cucamonga and the San Bernardino County Flood Control District regarding the payment of the pass through agreement fund balance and a reimbursement for the East Avenue storm drain. L18. Approval of a Resolution committing the City to a minimum 25% local match of total construction costs for a Transportation Development Act Article 3 grant to fund the Pacific Electric Trail Connection Project. RESOLUTION NO. 13-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMITTING THE CITY TO A MINIMUM 25% LOCAL MATCH OF TOTAL CONSTRUCTION COSTS FOR THE PACIFIC ELECTRIC TRAIL CONNECTION PROJECT Mayor Pro Tem Spagnolo requested that Item L16 be removed for discussion. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the remaining staff reports. Motion carried 5-0. L16. Approval to receive and file Animal Center statistics for February and March 2013 In response to Mayor Pro Tem Spagnolo, City Manager Gillison spoke about the variations in the intake numbers during any given year. He indicated that the Center is less crowded in the spring and typically becomes more crowded in the fall. There are a lot of programs going on right now, and Mr. Gillison noted that adoptions are picking up. He indicated to Council Member Steinorth that statistics could be provided for 2011 and 2012. Mayor Michael noted that some animals are not adoptable for a variety of reasons. It is a very difficult decision to euthanize an animal and staff does not make these decisions lightly. Council Member Alexander noted that the City spent a lot of money on Mr. Winograd's report, noted that a No Kill Center was a goal then and is a goal now. MOTION: Moved by Spagnolo, seconded by Williams, to receive and file the report. Motion carried 5-0. M. 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. M1. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Water Mill Homes, Owner—APN 1089-081-16,17,20&21 - Annexation No. 11-2) located on the southwest corner of Etiwanda Avenue and Victoria Street to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 8 of 15 RESOLUTION NO. FD 13-019 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. 11-2) 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 Fire Chief Mike Bell presented the staff report. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Steinorth, seconded by Williams, to adopt Resolution No. FD 13-019. Motion carried 5-0. M2. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Robert & Heather Radford, Owners — APN 0227-732-01 - Annexation No. 13-1) located on the east side of East Avenue and south of the 1-210 Freeway 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 13-020 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. 13-1) 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 Fire Chief Mike Bell presented the staff report. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Steinorth, to adopt Resolution No. FD 13-020. 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. Consideration of a Resolution to decrease City-owned streetlight electric rates within the Rancho Cucamonga Municipal Utility service area, pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting —May 1, 2013 - Page 9 of 15 RESOLUTION NO. 13-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO DECREASE STREETLIGHT ELECTRIC RATES, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. Fred Lynn, Utility Division Manager, presented the staff report. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Steinorth, to adopt Resolution No. FD 13-020. Motion carried 5-0. N2. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN — DRC2013-00297—CITY OF RANCHO CUCAMONGA—A review of the Federally required 2013-2014 Annual Action Plan, which includes the selection of CDBG- funded activities, based on an estimated grant allocation of $762,605. Tom Grahn, Associate Planner, presented the staff report. In response to Mayor Michael, Mr. Grahn confirmed that the application contained the action plan. Mayor Michael opened the public hearing. Jean Leary, representing the House of Ruth, spoke about the activities that were offered to the community as a result of CDBG funding. Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo, to approve the recommendations in the staff report. Motion carried 5-0. N3. Consideration of adoption of Resolutions of Necessity for the acquisition by eminent domain of portions of certain real property interests for public purposes in connection with the Interstate 15 and Base Line Road Interchange Project in the Cities of Rancho Cucamonga and Fontana. RESOLUTION NO. 13-046 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13079 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-55, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 10 of 15 RESOLUTION NO. 13-047 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 1100-771-01, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-048 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7211 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-51, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-049 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7231 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-53, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-050 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7201 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-50, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 11 of 15 RESOLUTION NO. 13-051 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13449 BASELINE AVENUE, 13451 BASELINE AVENUE, AND 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 1100-771-02,-03, AND -09, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-052 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7391 EAST AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 1100-771- 08, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-053 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7175 GREEN GLEN COURT IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-012-01, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-054 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7221 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-52, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 12 of 15 RESOLUTION NO. 13-055 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13089 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-54, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. Jason Welday, Traffic Engineer, presented the staff report. In response to Mayor Michael, Mr. Welday spoke about the width of the street along East Avenue. Abutter's rights were also discussed. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Spagnolo, to adopt Resolution Nos. 13-046 through 13-055. Motion carried 5-0. 0. ADMINISTRATIVE HEARING ITEM CITY COUNCIL Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, 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. 01. Approval of a Resolution establishing a Lactation Accommodation Policy and Program. RESOLUTION NO. 13-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A LACTATION ACCOMODATION POLICY AND PROGRAM Mike Palmer, Management Aide, presented the staff report. Mayor Michael opened the administrative hearing. Dora Barilla, Director of Community Health Development at Loma Linda University Medical Center, congratulated the City Council on this program and the Healthy Communities Initiatives. She spoke in support of this program. Leslie Bramson, Assistant Professor at the Loma Linda University School of Public Health, spoke in support of this policy and program. Council Member Alexander noted that he supports the breastfeeding policy and program. However, he expressed a concern with the use of taxpayer dollars to pay for unnecessary expenses when the City could have developed the policy and program on its own. In response, Mr. Palmer indicated that the Healthy RC program has been charged with addressing the health and wellness needs of the City. Discussion was held. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 13 of 15 Uloma Ajuonu also spoke in support of the policy and the program as it promotes infant health and reduces obesity. John Lyons indicated that there are no facilities in the Courthouse. He noted that only the government can afford this program and indicated his support. MOTION: Moved by Williams, seconded by Spagnolo, to adopt Resolution No. 13-057. Motion carried 4-1, with Council Member Alexander voting no. P. CITY MANAGER'S STAFF REPORT The following item has no legal publication or posting requirements. P1. Healthy RC and Community Champions Resident Leadership Program Presentation (Oral Report) Ruben Brambila, Healthy RC Project Manager, presented an update on the Healthy RC and Community Champions Resident Leadership program. Various Community Champions also addressed the City Council. P2. Video Presentation of the Community Services Department's Annual Report. Danielle Workman, Community Services Marketing Intern presented the Community Services Department's annual report. P3. Building Board of Appeals and the Membership appointment (Added by Urgency) City Attorney Jim Markman presented the staff report. MOTION: Moved by Williams, seconded by Alexander, to appoint Peter Pitassi, Tom Campbell, Dan Guerra, Serge Bonaldo and Wendell Iwatsuru to the Building Board of Appeals. Motion carried 5-0. Q. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Steinorth indicated that the City Council visited the Rancho Remembers event at Rancho Cucamonga High School and stated that he really enjoyed the program. Mayor Pro Tem Spagnolo reported on an Omnitrans meeting that was held today, and indicated that the Board discussed its management plan, and the growing use of alternate fuels. Mayor Michael reported that he attended a San Bernardino Associated Governments meeting today where they discussed the Cradle to Career Initiative, and their proposed budget. The Mayor stated that he had attended Legislative Action Days in Sacramento with Mayor Pro Tem Spagnolo and staff last week. They met with each one of their representatives and discussed prison realignment and the regionalization of the Ontario airport. Regarding the China House, Council Member Alexander encouraged staff to follow the direction of the Planning Commission. In response, City Manager Gillison noted that CVWD had representatives at the Planning Commission meeting and indicated that a letter is being prepared. A report will be prepared for the next City Council meeting. Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 14 of 15 R. IDENTIFICATION OF ITEMS FOR NEXT MEETING A report on the action of the Planning Commission regarding the China House will be prepared for the next meeting. S. ADJOURNMENT Mayor Michael adjourned the meeting at 11:00 p.m. Re ectfully submitted, L D ra L. McNay, MMC Ass t City Clerk/Records Manager Approved: May 15, 2013 Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 15 of 15