HomeMy WebLinkAbout2016/03/16 - Minutes MARCH 16, 2016
CITY OF RANCHO CUCAMONGA
CLOSED SESSION, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
A. 5:00 P.M. - CLOSED SESSION
CALL TO ORDER - TAPIA CONFERENCE ROOM
The City of Rancho Cucamonga City Council held a closed session on Wednesday, March 16, 2016 in the Tapia
Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis
Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney; 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
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
D. CITY MANAGER ANNOUNCEMENTS
No discussion or actions were taken.
IE. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM
El. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(B)— NUMBER OF CASES (2) — CITY
E2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH SIDE OF ARROW HIGHWAY,
WEST OF ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229-012-03; NEGOTIATING
PARTIES NETTIE NIELSEN REPRESENTING THE CITY OF RANCHO CUCAMONGA AND SILVA
ZENEIAN REPRESENTING GOALS; REGARDING PRICE AND TERMS. — CITY.
E3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER)
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F. RECESS
The closed session recessed at 6:51 p.m.
G. 7:00 P.M. - REGULAR MEETING
CALL TO ORDER - COUNCIL CHAMBERS
The regular meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Public Financing
Authority, and the City of Rancho Cucamonga City Council on March 16, 2016 in the Council Chambers at City
Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the
meeting to order at 7:00 p.m.
Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; James L. Markman, City
Attorney; Linda A. Troyan, City Clerk Services Director and Adrian Garcia, Assistant City Clerk.
Council Member Alexander led the Pledge of Allegiance.
Mayor Michael announced a Spanish interpreter was available at the Meeting regarding Item 01.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Announcement of the Healthy RC Your Mind Matters campaign to reduce the stigma of mental health
and promote access of support services.
Erika Lewis-Huntley, Management Analyst III, and Mike Parmer, Management Analyst I, from the City Manager's
Office for Healthy RC, made the presentation and announcement of the Healthy RC Your Mind Matters campaign
to reduce the stigma of mental health and promote access of support services. A PowerPoint presentation was
given and bi-lingual versions of posters were debuted which will be distributed throughout the community.
Mental health Subcommittee Members, Dr. Teresa Etheridge, a member of the Healthy RC Advisory Committee;
Annika Kim, a Healthy RC Youth Leader, and Members of the Mental Health Subcommittee were also present.
They spoke about the importance of the campaign for individuals and for the community.
H2. Recognition of the 2015 Founders Day Community Parade Sponsors.
LaChelle Sutphen, Community Services Coordinator for Special Events and Epicenter Rentals, introduced the
2015 Founders Day Community Parade Sponsors. A brief parade highlights video was shown before awarding
sponsors with plaques to thank and recognize them for their support. Attendees representing Sponsors were:
Loretta Holtz, Chief Financial Officer and Steve Robarge, Fleet and Commercial Sales Manager for Mark
Christopher Auto Center; Karla Arzaga, Real Estate Manager for Milan Capital Management; and Lucia Hincapie,
Community Representative for Inland Empire Health Plan (IEHP). A representative from Sears Grand, Rancho
Cucamonga, was unable attend.
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I. PUBLIC COMMUNICATIONS
11. Janet Walton offered a prayer for the community and read the history of St. Patrick.
12. John Lyons commented on the KFI radio station signal, the Kevin Cooper trial, this weekend's NASCAR
race events, and asked that everyone stay safe over the St. Patrick's Day weekend.
13. Katie Tomkiesicz, Field Representative for Assemblyman Marc Steinorth's office, introduced herself to
the City Council and City Staff, and announced upcoming events.
14. Jim Harris read and submitted a letter dated March 16, 2016 concerning Item M5. on the Agenda, and
requested City Council reconsider the Item.
15. Araceli Marquez offered a prayer for the City.
16. Frank Atry spoke about and identified increased noise at the two (2) Rancho Cucamonga Libraries.
17. Andy Ramirez thanked the Rancho Cucamonga Fire and Police departments for their recent life-saving
involvement regarding his wife, Jamie, and encouraged everyone to learn CPR.
CONSENT CALENDARS:
J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT
J1. Consideration to approve Minutes of March 2, 2016 (Regular Meeting)
J2. Consideration to approve Check Register dated February 24, 2016 through March 8, 2016 and
Electronic Debit Register for the month of February 2016 for the total of$1,053,823.28.
J3. Consideration to receive and file current Investment Schedule as of February 29, 2016.
J4. Consideration to approve an award to KME Fire Apparatus of Ontario, CA. for the repower of District
owned apparatus—one (1) KME Truck (105-08) in accordance with RFP #15/16-017 and approval of
an appropriation in the amount of$149,740.54 to Account No. 3288501-5604
MOTION: Moved by Board Member Alexander, seconded by Vice-President Spagnolo, to approve Consent
Calendar Items J1. through J4. Motion carried, 5-0, with Mayor Michael abstained from voting on the March 2,
2016 Minutes, Item J1.
K. CONSENT CALENDAR - SUCCESSOR AGENCY
K1. Consideration to approve Minutes of March 2, 2016 (Regular Meeting)
MOTION: Moved by Agency Member Williams, seconded by Agency Member Kennedy, to approve Consent
Calendar Item K1. Motion carried, 4-0-1, with Mayor Michael abstained from voting on the March 2, 2016 Minutes,
Item K1.
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L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
L1. Consideration to approve Minutes of: March 2, 2016 (Regular Meeting)
MOTION: Moved by Authority Member Alexander, seconded by Authority Member Kennedy, to approve Consent
Calendar Item L1. Motion carried, 4-0-1, with Mayor Michael abstained from voting on the March 2, 2016 Minutes,
Item L1.
M. CONSENT CALENDAR - CITY COUNCIL
Ml. Consideration to approve Minutes of: March 2, 2016 (Regular Meeting)
M2. Consideration to approve Check Register and payroll dated February 24, 2016 through March 8, 2016
Electronic Debit Register for the month of February 2016 for the total of$9,800,748.23.
M3. Consideration to receive and file current Investment Schedule as of February 29, 2016.
M4. Consideration of approval to appropriate a $10,000 Challenge America Grant awarded by the National
Endowment for the Arts (NEA) into Cultural Center/MainStreet Theatre Company account No.
1250401-5300/5618565-2744 for artist fees associated with MainStreet Theatre Company's production
of"Mirette" in April 2016.
ITEM REMOVED FROM CONSENT CALENDAR
M5. Consideration for approval to award and authorize the execution of a Professional Services Agreement
in the amount of $74,090 with Albert Grover & Associates, and authorize the expenditure of a 10%
contingency in the amount of $7,409 for the Traffic Signal Communication Design Services for the
Freeway and Arterial Signal Synchronization Project— Phase 1, to be funded from AB2766 Air Quality
Improvement fund, Account No. 11053035650/1900105-0 and Transportation fund, Account No.
11243035650/1900124-0.
M6. Consideration to schedule a public hearing on May 4, 2016 for placement of special assessments/liens
for delinquent refuse accounts.
M7. Consideration of approval of project specifications and to authorization to advertise the"Notice Inviting
Bids" for the Archibald Avenue from Hillside Road to North City Limit and Haven Avenue from Wilson
Avenue to North City Limit Pavement Rehabilitation Projects to be funded from Measure I Funds and
Cal Recycle Grant Fund.
RESOLUTION NO. 16-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE
"ARCHIBALD AVENUE FROM HILLSIDE ROAD TO NORTH CITY LIMIT AND
HAVEN AVENUE FROM WILSON AVENUE TO NORTH CITY LIMIT PAVEMENT
REHABILITATION PROJECTS" IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
M8. Consideration of approval of Final Map, Improvement Agreements, Improvement Securities,
Monumentation Cash Deposit and ordering the annexation to Landscape Maintenance District No. 2
and Street Light Maintenance District Nos. 1 and 3 for Tract Map 18508, located at the northwest
corner of Kenyon Way and Lark Drive, submitted by D.R. Horton CA2, Inc. a California Corporation.
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RESOLUTION NO. 16-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP, IMPROVEMENT
AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH
DEPOSIT FOR TRACT 18508
RESOLUTION NO. 16-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPE
MAINTENANCE DISTRICT (LMD 2) FOR TRACT 18508
RESOLUTION NO. 16-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL
STREETS) FOR TRACT 18508
RESOLUTION NO. 16-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA
PLANNED COMMUNITY) FOR TRACT 18508
M9. Consideration of approval to accept Improvements, release the Faithfull Performance Cash Deposit
and file a Notice of Completion for Improvements for DRC2013-00053 located 9518 9th Street,
submitted by Rancho Tech, LLC.
RESOLUTION NO. 16-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
DRC2013-00053 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
M10. Consideration of approval to accept Improvements (Etiwanda Storm Drain), Release the Faithful
Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for
Parcel Map 19448, located at Etiwanda Avenue between 6th Street and Arrow Route, submitted by
Goodman Rancho SPE, LLC.
RESOLUTION NO. 16-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
(ETIWANDA STORM DRAIN) FOR PARCEL 19448 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
M11. Adoption of Amended and Restated Joint Powers Agreement with Omnitrans.
MOTION: Moved by Mayor Pro Tern Spagnolo, seconded by Council Member Alexander, to approve Consent
Calendar Items M1 through M11, except Item M5., which was pulled for discussion. Motion carried, 5-0, with
Mayor Michael abstained from voting on the March 2, 2016 Minutes, Item M1.
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Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga l Page 5 of 9
ITEM REMOVED FROM CONSENT CALENDAR
M5. Consideration for approval to award and authorize the execution of a Professional Services Agreement
in the amount of $74,090 with Albert Grover & Associates, and authorize the expenditure of a 10%
contingency in the amount of $7,409 for the Traffic Signal Communication Design Services for the
Freeway and Arterial Signal Synchronization Project— Phase 1, to be funded from AB2766 Air Quality
Improvement fund, Account No. 11053035650/1900105-0 and Transportation fund, Account No.
11243035650/1900124-0.
In response to Mr. Harris's concerns expressed under Public Communication, Mayor Michael removed Item M5.
for discussion.
Mr. Harris's statement and letter asked Council to reconsider the award of the bid as he believes the City did not
follow its own advertised selection procedure. He objected to the method used select the contractor, as well as
project costs.
City Manager John Gillison addressed Mr. Harris's concerns assuring the City's bid selection procedures were
followed; accentuating that the bid process not only takes into account costs, but expertise and other qualifications.
Council Members Kennedy and Alexander asked for additional information on Item M5. unless there was urgency
to move on the Item.
City Manager Gillison recommended moving forward with the Item. If delayed, the project may have to be carried
over into the next fiscal year budget.
Mayor Pro Tem Spagnolo stated that he was willing to move forward with Staff's recommendation.
MOTION: Moved by Council Member Alexander, seconded by Council Member Kennedy, to bring back Item Ma
in two (2) weeks at the April 6, 2016 City Council Meeting. Motion carried, 4-0-1, with Mayor Pro Tem Spagnolo
voting no.
N. CONSENT ORDINANCES - FIRE DISTRICT
N1. Second Reading and Adoption of Ordinance No. FD 55 amending Ordinance No. FD 45 to extend from
20 days to 30 days the allotted time for paying administrative fines, appealing administrative citations,
and applying for a hardship waiver.
ORDINANCE NO. FD 55 (SECOND READING)
AN ORDINANCE OF THE RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE
NO. FD 45 TO EXTEND THE ALLOTTED TIME FOR PAYING ADMINISTRATIVE
FINES, APPEALING ADMINISTRATIVE CITATIONS, AND APPLYING FOR A
HARDSHIP WAIVER
Linda Troyan, City Clerk Services Director, read the Title of Ordinance No. FD 55.
MOTION: Moved by Board Member Kennedy, seconded by Vice-President Spagnolo, to waive full reading, and
adopt Ordinance No. FD 55. Motion carried, 5-0.
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0. ADMINISTRATIVE HEARING ITEM
01. Presentation regarding the California Voting Rights Act, and Consideration of a Resolution adopting
line drawing criteria for creating Council District Boundaries and holding the first required public hearing
on April 6, 2016.
RESOLUTION NO. 16-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ADOPTING LINE DRAWING CRITERIA FOR CREATING
COUNCIL DISTRICT BOUNDARIES
John Gillison City Manager gave a brief overview and introduction of the Item.
James Markman, City Attorney announced that on March 14, 2016, a lawsuit was filed against the City of Rancho
Cucamonga by three law firms on behalf of a plaintiff, Southwest Voter Registration Project, regarding violation of
the California Voting Rights Act. This Council Meeting's Agenda was publicly posted on Thursday, March 10,
2016, prior to receipt of the lawsuit.
Linda Troyan, City Clerk Services Director, introduced National Demographics Corporation (NDC), the
demographic consulting firm who will be directing the process of creating Council Districts. Adoption of Resolution
No. 16-033, establishing line drawing criteria for creating Council District boundaries, would initiate the process.
Ms. Troyan called attention to the revised page three (3) of the Staff Report which replaces the June 1 tentative
date with a new May tentative date. Hardcopies were provided to the Council at the dais.
Justin Levitt, Vice-President, National Demographics Corporation, gave a detailed PowerPoint presentation
providing information regarding the California Voting Rights Act (CVRA), the process of establishing Council
Districts, the legally required criteria and optional criteria to be adopted by the City Council for use in developing
• the districts, and announced the project schedule, the website at www.MyRC.life, and the public participation kits.
Mayor Michael opened the Administrative Hearing for public comment.
01. Tony Morales commended Council and Staff for their good work. He said he felt that he had access to Council
when needed and many people he comes in contact with who reflect the City's demographic, never expressed
not being represented or treated unfairly. He acknowledged election districts were inevitable adding he would like
to see as many as 6 (six) districts adding (members) to the Council.
02. John Lyons asked what would happen should Council election districts be voted down by the voters; if the
lawsuit would continue and felt either outcome would precipitate a lawsuit. He contrasted City of Los Angeles
Council Districts with other local government district structures.
Mayor Michael closed the Administrative Hearing.
Justin Levitt, NDC, addressed Mayor Michael's question by explaining state law allows cities under 100,000
population to switch to districts voluntarily without going through Council and the ballot process; whereas, cities
over 100,000 in population have to go through the election process.
Mayor Pro Tern Spagnolo urged citizens to engage, to be involved and to educate themselves on the issue.
Council Member Alexander, noting elections costs, conveyed the importance of under-represented areas of the
City being represented on Council through districts.
Council Member Kennedy encouraged the public to attend the public hearings.
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Mayor Michael assured the community that the City Council had no desire to change the way the community
elects its representatives; actions were brought on by threatening litigation and subsequent lawsuit before Council
could initiate a district process. Mayor Michael explained voters may vote for a person running for Mayor and for
one Council Member from within the district where they reside once maps have been drawn and finalized. Council
will follow the guidance of legal counsel and consultants.
Mr. Levitt outlined the accumulation of costs incurred by cities that have already gone through CVRA lawsuits and
reiterated that these costs do not include the city's costs for attorneys' fees, etc. Moreover, cities cannot recover
legal fees costs from the plaintiff should they settle or prevail against the suit under the CVRA; the plaintiff only
can collect those costs.
MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to adopt Resolution No.
16-033. Motion carried, 5-0.
P. COUNCIL BUSINESS
P1. Approval to adopt a Resolution confirming the 2005 City Council Mission Statement remains current
with no changes and direct staff to implement recommendations to distribute and promote the Mission
Statement.
RESOLUTION NO. 16-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA RE-ADOPTING THE 2005 CITY COUNCIL MISSION STATEMENT
John Gillison City Manager communicated Council's desire to re-adopt and promote the 2005 City Council Mission
Statement.
Mayor Pro Tem Spagnolo remarked on the importance of and accountability to a mission statement within an
organization.
MOTION: Moved by Council Mayor Pro Tem Spagnolo, seconded by Council Member Kennedy, to adopt
Resolution No. 16-034. Motion carried 5-0.
R2. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that
were attended.
Council Member Williams announced that she attended the LAFCO meeting this morning regarding the community
services districts of Yermo, Daggett, Newberry and Morongo Valley.
R3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.)
There were none.
S. IDENTIFICATION OF ITEMS FOR NEXT MEETING
There were none.
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T. ADJOURNMENT I
The meeting adjourned at 8:58 p.m.
Respectfully submitted,
Lind. royan, MMC
y Cl- k Services Director
Approved: Wednesday, March 16, 2016
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