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HomeMy WebLinkAbout2009/06/03 - Minutes June 3, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, June 3, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Chairman/President/Mayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/President/Mayor Donald J. Kurth announced the closed session items: D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS — RDA, City, Fire D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF 9TH STREET AND MADRONE AVENUE LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY—RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session adjourned at 6:45 p.m. with no action taken. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 2 of 19 G. REGULAR MEETING CALL TO ORDER- 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 7:04 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Redevelopment Agency Director; James Troyer, Planning Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Debra McNay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of Cindy Friend — 2009 Outstanding School Crossing Guard of the Year for the City of Rancho Cucamonga. Mayor Kurth presented a Proclamation to Cindy Friend in recognition of her selection as the 2009 outstanding school crossing guard of the year. H2. Announcement by the Rancho Cucamonga Police Department regarding the 2009 Special Olympic Torch Run scheduled for June 10, 2009. Lisa Henley, Sheriffs Service Specialist, announced the upcoming Olympic Torch Run, to be held on June 10, 2009. IF- I. PUBLIC COMMUNICATIONS 11. Jane Bradshaw thanked Councilmember Gutierrez for his support during the construction of the 210 Freeway. 12. Ed Dietl thanked the City Council for supporting Historical Preservation and for obtaining Historic Landmark status for the Padre Winery. He announced an upcoming Father's Day celebration on June 19, 2009 at 7:30 p.m. 13. Jerie Lee stressed that people were innocent until proven guilty and asked everyone to work together for the good of the community. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 3 of 19 14. Jim Moffatt indicated that veterans were invited to the Rancho Cucamonga High School and congratulated the students and teachers who participated in the program. He requested that the meeting be adjourned in honor of our veterans. 15. Dana Hudrlik noted that Rancho Cucamonga was a great place to live and raise a family. She urged the City Council to stop throwing mud and to get back to the business of governing the City. 16. Sergio Martinez referenced the situation with the lack of access to a homeowner's utilities. He indicated that progress has been made and requested that the matter be placed on the next agenda. 17. Robert Santa Cruz thanked the City Council for resolving the Hererra matter and spoke in support of Councilmember Gutierrez. 18. John Lyons addressed yesterday's joint meeting with the Cucamonga Valley Water District. He suggested a joint venture with Chaffey College whereby residents could be informed about drought tolerant landscaping. He also cautioned everyone about drinking and driving. 19. Mary Murphy spoke in support of Councilmember Gutierrez and urged the City Council to work together. 110. Dee Matreyek announced the first planning meeting for Rancho Cucamonga's Community Garden project. The meeting will be held tomorrow night at 7:00 p.m. in the west room at the Lions Center. She requested for the City Council's support of Item L23. J. CONSENT CALENDAR- REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: May 20, 2009 (Regular Meeting) J2. Approval of Check Register dated May 13 through May 26, 2009, for the total amount of $39,711.03. J3. Approval of a Resolution Changing the Time of Closed Session. RESOLUTION NO. RA 09-010 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY J4. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $452,450.00 to the apparent low bidder, Howard Ridley Company, Inc. (RA 09-008), and authorize the expenditure of a 10% contingency in the amount of$45,245.00 for the Civic Center Planter and Parking Structure Waterproofing, to be funded from Civic Center Reserve Funds, Acct. No. 2624801-5650/1705624-0 and appropriate $50,000.00 to Acct. No. 2624801-5650/1705624-0 from Civic Center Reserve Fund Balance. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 4 of 19 J5. Approval of a budget appropriation for the amount of $28,686,100 to be funded from Acct. No. 2620801-5620/0-1250 pursuant to a loan agreement between the Rancho Cucamonga Redevelopment Agency and Northtown Housing Development Corporation for the construction of San Sevaine Villas. —Removed from the Agenda. MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 5-0. K. CONSENT CALENDAR- FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: May 20, 2009 (Regular Meeting) K2. Approval of Check Register dated May 13 through May 26, 2009, for the total amount of $69,446.34. K3. Approval to adopt an annexation map showing Assessor Parcel Number 0229-041-10, (San Sevaine Villas), located on the southwest corner of Foothill Blvd., and Hickory Ave. (vacated), proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 09-020 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, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-5) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-5 (APN: 0229-041-10, San Sevaine Villas), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 09-021 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 ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 09-5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K5. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 09-3 (Norwalk Blvd. Baptist Church —APN 1100-051-03) Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 5 of 19 RESOLUTION NO. FD 09-022 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. 09-3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K6. Approval of a Resolution Changing the Time of Closed Session. RESOLUTION NO. FD 09-023 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE BOARD OF DIRECTORS MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. L. CONSENT CALENDAR- CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. Mayor Kurth removed Item L23 for discussion. Councilmember Gutierrez stated his abstention from voting on Item L15 and removed Item L24 for discussion. L1. Approval of Minutes: May 20, 2009 (Regular Meeting) L2. Approval of Check Register dated May 13 through May 26, 2009, and payroll ending May 26, 2009, for the total amount of$3,840,810.80. L3. Approval to award the purchase of one (1) lot of IBM computer server equipment with maintenance from IBM Corporation, utilizing Western States Contracting Alliance (WSCA) contract number A63311, in the total amount of$61,949, to be funded as follows: $42,663 from Acct. No. 1714001-5215 (Computer Equipment/Technical Replacement Fund- O&M/Computer Equipment); $4,959 from Acct. No. 1714001-5300 (Contract Services); and $14,327 from Acct. No. 1714001-5605 (Capital Outlay-Computer Equipment). L4. Approval of a Resolution approving submittal of the funding request to the Department of Conservation, Division of Recycling for Beverage Container Recycling and Litter Reduction Activities. RESOLUTION NO. 09-091 Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 6 of 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING FOR BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES L5. Approval of Resolutions to accept the preliminary Engineer's Reports and announcing the City Council's intention to collect annual assessments within Street Lighting Maintenance District Nos. 1, 2, 3, 4 5, 6, 7 and 8 for Fiscal Year 2009/10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 09-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2009/10 RESOLUTION NO. 09-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2009/10, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND ANNOUNCING A TIME AND PLACE FOR A PUBLIC HEARING L6. Approval of Resolutions to accept the Preliminary Engineer's Reports and announcing the City Council's intention to collect annual assessments within landscape Maintenance District Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10 for Fiscal Year 2009/10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. RESOLUTION NO. 09-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORTS FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR FISCAL YEAR 2009/10 RESOLUTION NO. 09-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR FISCAL YEAR 2009/10, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND ANNOUNCING A TIME AND PLACE FOR A PUBLIC HEARING L7. Approval of Resolutions to accept the Preliminary Engineer's Reports and announcing the City Council's intention to collect annual assessments within Park and Recreation Improvement District No. PD-85 for Fiscal Year 2009/10. NO INCREASE OF ASSESSMENT RATE IS PROPOSED. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 7 of 19 RESOLUTION NO. 09-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2009/10 RESOLUTION NO. 09-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2009/10, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THEREFO L8. Approval of PUBLIC CONVENIENCE OR NECESSITY DRC2009-00334 - 7-ELEVEN, INC: A request for a Public Convenience or Necessity determination for a Type 20 Off- Sale Beer and Wine License for a proposed market to be located in an existing commercial center at the northwest corner of Milliken Avenue and 4th Street in the Mixed Use Residential (MUR) District, Subarea 18, located at 9638 Milliken Avenue - APN: 0210-581-04. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301. RESOLUTION NO. 09-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A PROPOSED MARKET TO BE LOCATED IN AN EXISTING COMMERCIAL CENTER AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND 4T" STREET IN THE MIXED USE RESIDENTIAL (MUR) DISTRICT, SUBAREA 18, LOCATED AT 9638 MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0210-581-04. L9. PUBLIC CONVENIENCE OR NECESSITY - DRC2009-00391 - Total Wine & More - A request for a Public Convenience or Necessity determination for a beer, wine and distilled spirits retailer which is seeking approval of both a Type 21 Off-Sale General and a Type 42 On-Sale Beer and Wine for Public Premises alcohol license for a site located within the Foothill Crossing commercial center on the east side of Day Creek Boulevard and south of Foothill Boulevard at 8201 Day Creek Boulevard in the Regionally Related Office/Commercial District (RRO/C) - APN:0229-021-78. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301. RESOLUTION NO. 09-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A BEER, WINE AND DISTILLED SPIRITS RETAILER FOR THE ISSUANCE OF A TYPE 21 OFF-SALE GENERAL ABC LICENSE AND A TYPE 42 ON-SALE BEER AND WINE PUBLIC PREMISES ABC LICENSE FOR A SITE LOCATED WITHIN THE FOOTHILL CROSSING COMMERCIAL CENTER ON THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF FOOTHILL BOULEVARD, LOCATED AT 8201 DAY CREEK BOULEVARD IN THE REGIONALLY RELATED OFFICE/COMMERCIAL DISTRICT (RRO/C) -APN: 0229-021-78 Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 8 of 19 L10. Approval of a recommendation from the Park and Recreation Commission to approve a light variance requested for the Minor, Major, Junior, and Senior Divisions All-Star Tournament hosted by District 71 Little League during June 27 through July 23, 2009, at Heritage and Red Hill Community Parks. L11. Approval of Improvement Agreement, Improvement Securing and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for DRC2007-00455, located on the east side of Woodruff Place between Highland Avenue and Cotton Cloud Drive, submitted by the Church of Jesus Christ of Latter-Day Saints. RESOLUTION NO. 09-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2007-00455 RESOLUTION NO. 09-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2007-00455 L12. Approval of Improvement Agreement, Improvement Securities and Monumentation cash deposit for Tract Map 16908, located on the north side of Arrow Route, west of Baker Avenue, submitted by Sycamore Urban Properties, LLC. RESOLUTION NO. 09-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16908 L13. Approval of Development Impact Fee Deferral Agreement between the City of Rancho Cucamonga and Bella Victoria, LP (Developer/Owner) (CO 09-217) for the residential property described in Exhibit "A" of the agreement, generally located at the northwest corner of East Avenue and Miller Avenue and identified as Tract Map No. 17919 RESOLUTION NO. 09-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT L14. Approval to execute a 30-year Lease Agreement at the rate of$1.00/year with Cucamonga Valley Water District (CO 09-218) allowing for the installation and maintenance of their Central Collection Units at four City buildings in a cooperative effort to facilitate their new "fixed network meter reading system" project. L15. Approval and execution of a Common Use Agreement between the San Bernardino County Flood Control District(CO 09-219) and the City of Rancho Cucamonga for a multi- use trail system along Day Creek Channel and Deer Creek Channel. (COUNCILMEMBER GUTIERREZ ABSTAINED) Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 9 of 19 L16. Approval to accept the bids received, award and authorize the execution of a contract effective July 1, 2009 through June 30, 2010 with Republic ITS, Inc. (CO 09-220) of Novato, California, for the "Citywide Traffic Signal Maintenance" to be funded from Acct. No. 1176303-5300 (Measure "I)") and authorize the City Manager or his/her designee to adjust the spending limit of said contract on an as needed basis in accordance with the approved Public Works Services Department Signal Maintenance Budget Line Item 5300, and authorization to renew said contract upon mutual consent for additional one (1) year periods. L17. Approval to accept bids received and award and authorize the execution of the contract in the amount of $199,936.90 to the apparent low bidder, Silvia Construction, Inc. (CO 09- 221), and authorize the expenditure of a 10% contingency in the amount of$19,993.69 for the Banyan Street Pavement Rehabilitation from Beryl Street to Archibald Avenue, to be funded from Prop. 1 B Funds, Acct. No. 1194303-5650/1679194-0. L18. Approval of an addendum to Reimbursement Agreement (SRA-55) for reconstruction of pavement and overlay reconstruction of median left turn lanes and traffic signal related improvements with development of Parcel Map 17818, submitted by Footchester Partners I, LLC, to be funded from Transportation Acct. No. 1124303-5650/1026124-0. RESOLUTION NO. 09-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ADDENDUM TO REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS L19. Approval to release Faithful Performance Bond No. 6369997, retained in lieu of a Maintenance Guarantee Bond, in the amount of $4,647,187.00 for Upper Cucamonga Storm Drain Widening Improvements, Phases I and II Project, Contract No. 07-006. L20. Approval to release the Maintenance Guarantee Bond in the amount of$38,235.77 for the Fiscal Year 2007/2008 Local Street Rehabilitation Slurry Seal Project, Contract No. 07- 177. L21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16311, located on 6th Street, Golden Oak Road and Hellman Avenue, submitted by Crestwood Corporation. RESOLUTION NO. 09-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16311 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L22. Approval of a Resolution Changing the Time of Closed Session. RESOLUTION NO. 09-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE CITY COUNCIL Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 10 of 19 L23. Approval of Support for the Restorative Justice Center and the Cucamonga Valley Viticulture Conservancy's efforts to create a Community Garden in the City of Rancho Cucamonga. (REMOVED FOR DISCUSSION) L24. Approval of a resolution and a Program Supplement No. F58 to Administering Agency-State Agreement for State Funded Projects No. 00229S between the State of California and the City of Rancho Cucamonga for the replacement of traffic signal controllers and cabinets at 20 locations on Foothill Boulevard. (REMOVED FOR DISCUSSION) RESOLUTION NO. 09-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PROGRAM SUPPLEMENT NO. F58 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00229S BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the remainder of the staff reports contained within the Consent Calendar. Motion carried 5-0. L23. Approval of Support for the Restorative Justice Center and the Cucamonga Valley Viticulture Conservancy's efforts to create a Community Garden in the City of Rancho Cucamonga. (REMOVED FOR DISCUSSION) Mayor Kurth indicated that he had a conflict of interest with Item L23 and indicated that he would abstain from voting on this matter. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendation in the staff report. Motion carried 4-1 with Mayor Kurth abstaining. L24. Approval of a resolution and a Program Supplement No. F58 to Administering Agency-State Agreement for State Funded Projects No. 00229S between the State of California and the City of Rancho Cucamonga for the replacement of traffic signal controllers and cabinets at 20 locations on Foothill Boulevard. (REMOVED FOR DISCUSSION) RESOLUTION NO. 09-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PROGRAM SUPPLEMENT NO. F58 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00229S BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF RANCHO CUCAMONGA In response to Councilmember Gutierrez, Mark Steuer Director of Engineering Services/City Engineer confirmed that approval of this matter would improve the flow of traffic in that area. MOTION: Moved by Gutierrez, seconded by Michael, to approve the staff recommendation in the staff report. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 11 of 19 M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. fte m m s II I & II M\A l" we ure ii;o in t i mii,m d fromi the II May 20 2 0 0 9 III�Z e g iii,fl1 a ur II eert i un g M1. CONSIDERATION OF FIRST READING OF AN ORDINANCE CONTINUING THE ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2009/10 IN MELLO ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1. ORDINANCE NO. FD 48 (first reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2009/10 M2. CONSIDERATION OF A RESOLUTION CONTINUING THE ANNUAL SPECIAL TAX RATE TO BE LEVIED IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 RESOLUTION NO. FD-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2009/10 Jack Lam, City Manager/Secretary, presented the staff reports on M1 and M2. In response to Councilmember Gutierrez, the City Manager confirmed that no tax increase was proposed in either one of these districts. President Kurth opened the public hearings. Jerie Lee expressed a concern with weeds growing in one of the Landscape Maintenance Districts on Day Street. It was noted that these topics related to fire protection services. President Kurth closed the public hearings. MOTION: Moved by Michael, seconded by Williams, to waive full reading of Ordinance No. FD 48 and set second reading for June 17, 2009. Motion carried 5-0. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. FD-019 establishing the annual special tax for the Fiscal Year 2009/10. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 12 of 19 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 THE COMMUNITY DEVELOPMENT BLOCK GRANT SUBSTANTIAL AMENDMENT AND FUNDING ALLOCATION TO THE 2008-2009 ANNUAL ACTION PLAN — DRC 2008-00217R — CITY OF RANCHO CUCAMONGA — A review of the federally required substantial amendment to the currently approved Annual Action Plan, which includes the selection of CDBG-R projects, based on a new grant allocation of $275,195 funded through the American Recovery and Reinvestment Act of 2009. Tom Grahn, Associate Planner, presented the staff report. In response to Councilmember Williams, Tom Grahn confirmed that all of the money would be spent. Mayor Kurth opened the public hearing. Ed Hills inquired on the specific improvements to be made to the intersection. In response, Mr. Grahn indicated that these improvements would be made to Calle Vejar from Hellman Avenue to Avenida Leon and on Avenida Leon from Arrow Route to 150 feet north of Calle Vejar. The existing pavement would be removed and replaced and streetlights, curbs, gutters, sidewalks, etc., would be installed. Mayor Kurth closed the public hearing. Mayor Pro Tem Michael noted that new streetlights would be installed. Councilmember Williams concurred with the need, noting that these improvements would help revitalize the area. Lastly, Mayor Pro Tem Michael indicated that this project is shovel ready. MOTION: Moved by Michael, seconded by Gutierrez, to approve the Community Block Grant substantial amendment and funding allocations. Motion carried 5-0. N2. CONSIDERATION OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDING ALLOCATION FOR FISCAL YEAR 2009-2010 — DRC2009-00386 — CITY OF RANCHO CUCAMONGA — A review of the federally required Energy Efficiency and Conservation Strategy, which includes the selection of EECBG projects, based on a new grant allocation of $1,597,700 funded through the American Recovery and Reinvestment Act of 2009. Tom Grahn, Associate Planner, presented the staff report. In response to Councilmember Gutierrez, Mr. Grahn addressed the placement of solar panels on street lamps. These funds could be used to fund construction but not the placement of the panels. Mr. Grahn noted that projects were identified and prioritized and stated that a recommendation was made on the best use of these funds. John Gillison, Deputy City Manager/Administrative Services, stated that this project has been identified and indicated that staff is looking at a pilot project with separate funding. Also, it was noted that an additional competitive process will be held for which projects like this could be eligible. Mayor Kurth opened the public hearing. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 13 of 19 Ed Hills cautioned the City Council and staff about spending these funds wisely. He expressed a concern with the national debt and requested that anytime economic stimulus funds are spent on a project that this use be clearly listed on the agenda. Ed Dietl requested additional information on the Home Improvement Program Energy Efficiency Revolving Loan. In response, Mr. Grahn addressed the program. In response to Councilmember Williams, Mr. Grahn stated that the loan would be paid back when the property is sold. Currently, there is about a two-year waiting list for the Home Improvement Program. The funding would be available on a first-come, first serve basis. Ed Dietl indicated that he was interested in adding solar panels to his roof. It was noted that this type of project would qualify for the program. Al Florez expressed a concern with the majority of the funding being spent on the Civic Center. He noted that the City Council was provided with all of the background information while the public did not have access to the staff reports. In response to Mr. Florez, Assistant City Clerk/Records Manager Debra McNay noted that agendas are posted outside the City Council Chambers and placed on the City's Internet site on Thursdays. The Monday before the City Council meeting, the complete agenda packet including staff reports are placed on the Internet and are available at the public counter. There is a complete agenda packet available for the public's review during the City Council meeting. In response to Councilmember Williams, Mrs. McNay confirmed that there is a complete agenda packet at the Biane library. She indicated that packets would be provided at the senior center as well. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Gutierrez, to approve the Energy Efficiency and Conservation Block Grant funding allocation for Fiscal Year 2009-2010. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. REQUEST TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00414 — CITY OF RANCHO CUCAMONGA: A request to amend the text for Development Code Sections 17.02 (Administration), 17.08 (Residential Districts), 17.10 (Commercial/Office Districts), 17.12 (Parking Regulations), and 17.30 (Industrial Districts) to add a definition and standards for Community Gardens. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). Adam Collier, Planning Technician, gave the staff report. In response to Mayor Pro Tem Michael, it was noted that this report is requesting authorization to proceed. The matter would be considered by the Planning Commission who would make a recommendation to the City Council. Mayor Pro Tem Michael cautioned that General Fund money would not be used to maintain the gardens. Councilmember Gutierrez concurred. In response to Councilmember Gutierrez, Mr. Collier stated that it was possible to expand the community garden along the Edison easement. MOTION: Moved by Williams, seconded by Michael, to approve the request to initiate Development Code Amendment DRC2009-00414. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 14 of 19 02. REPORT ON $35,000.00 OF STATE SEIZED ASSETS APPROVED BY THE SAN BERNARDINO COUNTY GOVERNING ASSET SEIZURE BOARD TO SUPPORT AND FUND PROJECT C.A.N.I.N.E. (CAMPUS AWARENESS, NARCOTIC INTERVENTION, NARCOTIC EDUCATION), UTILIZING CANINES FOR NARCOTIC DETECTION SERVICES AND EDUCATIONAL PROGRAMS; FUNDS APPROPRIATED FROM STATE ASSET SEIZURE FUND 196 AND AWARDED TO THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT. Chief Joe Cusimano presented the staff report. City Attorney James Markman stated that he had advised Councilmember Gutierrez to abstain from voting on Item 02 not because there was a conflict of interest but to avoid the appearance of impropriety. In response to Mayor Kurth, Chief Cusimano indicted that this program would be implemented at the High Schools. In response to Councilmember Williams, Chief Cusimano stated that the School District would contract for these services. The City is funding this project, using the State Asset Seizure Fund. He indicated that the Police Department would be tracking the results of this program and indicated that there would be an educational component to this program as well. Councilmember Williams requested that a report be brought back to the City Council with more information once the program has been developed. In response to Mayor Pro Tem Michael, Chief Cusimano confirmed the flexibility to use this program in the middle schools if needed. In response to Councilmember Williams, he indicated that the company is bonded and offers this program in hundreds of other schools. He recognized that the program has worked in other areas and stressed the need for education as well. In response to Councilmember Spagnolo, Chief Cusimano stated that advance warning would not be given but was confident that all of the students would know about it once the dog showed up. Mayor Kurth inquired about the need for probable cause. As the Police Department would not be providing the service, Chief Cusimano commented that the School District has the authority to bring the dogs on the campus. The Police Department will respond when called by the School District if a violation is found. MOTION: Moved by Michael, seconded by Williams, to approve the use of $35,000 State seized assets to support and fund Project C.A.N.I.N.E. Motion carried 4-1, with Councilmember Gutierrez abstaining. 03. APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) 04. APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITH NO INCREASE TO THE CURRENT RATE (0-3—0-17 were discussed together) Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 15 of 19 RESOLUTION NO. 09-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2008-2009 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS 05. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITH NO INCREASE TO THE CURRENT RATE (0-3—0-17 were discussed together) RESOLUTION NO. 09-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) 06. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITH NO INCREASE TO THE CURRENT RATE. (0- 3—0-17 were discussed together) RESOLUTION NO. 09-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 07. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 08. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) OPERATION AND MAINTENANCE OF PARKS AND PARKWAYS WITH NO INCREASE TO THE CURRENT RATE. (0-3 — 0-17 were discussed together) RESOLUTION NO. 09-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2009-2010 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 16 of 19 09. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) WITH NO INCREASE TO THE CURRENT RATE. (0-3 —0-17 were discussed together) RESOLUTION NO. 09-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2009-2010 010. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2, SERIES 2001-A) WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A 011. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3, ZONE 7, SERIES 2001-B) WITH NO INCREASE TO THE CURRENT RATE. (0-3 — 0-17 were discussed together) RESOLUTION NO. 09-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B 012. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3, SERIES 2003-A)WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 &3), SERIES 2003-A 013. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2, SERIES 2003-B) WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2009-2010 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-B Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 17 of 19 014. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) FOR FISCAL YEAR 2009-2010 015. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE)WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) 016. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) WITH NO INCREASE TO THE CURRENT RATE. (0-3—0-17 were discussed together) RESOLUTION NO. 09-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2009-2010 017. APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1, (MASI PLAZA) AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITH NO INCREASE TO THE CURRENT RATE. (0-3 — 0-17 were discussed together) RESOLUTION NO. 09-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENTS DISTRICTS Jack Lam, City Manager, indicated that Items 0-3 through 0-17 would be discussed at this time. He presented the staff report and asked the Assistant City Clerk/Records Manager to read each of the titles and the Resolution numbers. In response to Jeri Lee, Mr. Lam noted that all of the Districts have been absorbing increased operating costs over the years. Staff has been modifying the appropriate level of service to manage each District according to the available fund balance. As the revenue is becoming insufficient to maintain an appropriate level of service, Mr. Lam indicated that Proposition 218 mail ballot elections will need to be held for some of the Districts to determine the appropriate level of service. This will be happening within the next sixty days. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 18 of 19 In response to Mayor Pro Tem Michael, Mr. Lam stated that the General Fund does not pay for these costs. Each District was established independently and all have absorbed operating fund increases. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution Nos. 09-108 through 09- 122. Motion carried 5-0. IF-- P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo appreciated the past events sponsored by the Police Department. Councilmember Gutierrez thanked the people who supported him and his family and thanked God for his influence in his life. Mayor Pro Tem Michael commended the Police Department on the very successful Ron Ives Bike Rodeo. Also, he noted that there was a successful Rotary Track Meet last weekend at Chaffey College and thanked Councilmember Williams for her work at the event. Councilmember Williams spoke about the Rotary Track Meet, indicating that 528 children were in attendance. She noted the loss of Sam Maloof and suggested that the meeting be adjourned in his memory. Mayor Kurth thanked everyone who helped at the Bike Rodeo and the Track Meet. He noted that tonight's meeting would be adjourned in Mr. Maloof's memory. P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo noted that he had attended the Save Our City event today with Mayor Pro Tem Michael. Mayor Pro Tem Michael spoke about the State budget crisis and the City's financial hardship if the State seized revenue from the City. He urged everyone to speak with the Governor and the legislature and convey the impact this action would have on the City of Rancho Cucamonga. Councilmember Williams read information from the Senator Dutton Report Alert: A Reality Check Needed for UC Regents. She noted that further information can be found at www. restorecalifornia.com. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Redevelopment Agency, Fire Protection District, City Council Minutes June 3, 2009 Page 19 of 19 R. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:28 p.m. to June 4, 2009 at 5:00 p.m. for a budget meeting in the Tri-Communities Room. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: