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HomeMy WebLinkAbout2006/10/18 - Minutes - CC Min October 18, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCil CLOSED SESSION MINUTES II A. CALL TO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, October 18, 2006, 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 Mayor William J. Alexander Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; Linda D. Daniels, Acting Administrative Services Director, and George Rivera, Administrative Services Manager. ****** II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) II Mayor Alexander announced the closed session item: B1. lABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LINDA D. DANIELS, ACTING ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY & FIRE ****** 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. ****** II E. CITY MANAGER ANNOUNCEMENTS AND REPORTS II II F. RECESS 11 The closed session adjourned at 6:15 p.m. with no action taken. City Council Minutes October 18, 2006 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 18, 2006, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 9:27 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; George Rivera, Administrative Services Manager; Tamara Layne, Finance Officer; Helen Leeds, Sr. Accountant; Dawn Haddon, Purchasing Manager; Lorraine Phong, Sr. Information Systems Analyst; Shelly Munson, Information Systems Specialist; Jon Gillespie, Traffic Engineer; James Troyer, Planning Director; Dave Moore, Community Services Superintendent; Chief Peter Bryan, Mike Bell, Deputy Fire Chief, Rancho Cucamonga Fire Protection District; Pamela Easter, Assistant City Manager; Marcia Godwin, Assistant to the City Manager; Fabian Villenas, Management Analyst III; Shirr'1 Griffin, Office Specialist II - City Clerk's Office; and Kathryn L. Scott, Assistant City Clerk. ****** II B. ANNOUNCEMENTSIPRESENTA TIONS II B1. Presentation of Proclamation declaring October as Adopt-A-Dog Month. Jen Woodard, Animal Shelter Manager, introduced a miniature poodle up for adoption, representing the adoptive a shelter dog month. She announced the shelter Grand Opening/Fall Event will be taking place on Saturday, October 21, 2006. She said the theme of the Fall event is "It's a Small Pets World." The Mayor and Council presented a Proclamation to Jen Woodard on behalf of October as Adopt-A-Dog Month. C. PUBLIC COMMUNICATIONS C1. Jerie Lee re election campaign and asked that personal attacks stop. C2. Mark Davidson re status and compliance by Margarita Beach and election campaign. C3. Ed Sanchez re Margarita Beach issues and political campaign. C4. Jim Moffatt re election campaign issues and potential site for fire station. C5. Leslie Grimes re campaign issues/contributions and the Colonies Project. City Council Minutes October 18, 2006 Page 3 C6. Carol Douglas re Alta Loma Riding Club shot clfnic @ Heritage Park. C7. Tony Mize re house raffle by the PAL Campaign (promoting arts and literacy). C8. Peggy Sanchez re ethics training and the six pillars of character and "City Hall Makes House Calls" (as in the City of Covina). C9. Gary Lacey re response times and his public safety analysis; decorum, open and honest government and politicization of public safety. C10. John Lyons re election campaign, developer-supported candidates and urban versus metropolitan community. C11. Nicole Myerchin re election campaign; the animal shelter subcommittee meeting, euthanasia of animals and no-kill facility. C12. Melanie Ingram history of recall effort, election campaign issues and campaign expen d itures/contri bution s. C13. Bill McCliman re election campaign issues and inappropriateness of personal attacks. C14. Dee Matreyek-Kurth, re the 6th Annual Restorative Justice Conference which encourages community and volunteerism in restorative justice programs; spoke in support and on behalf of her husband, Don Kurth, a candidate for office. D. COUNCIL RESPONSES TO PUBLIC COMMENTS II II 01. Dennis Michael said he wanted to set the record straight in that he has never played golf with Mr. Davidson of Margarita Beach. 02. Diane Williams commented that she is saddened for anyone whose child may have been through drug addition/rehabilitation. She said she can't imagine a family in Southern California who has not somehow been touched by this dreadful epidemic among our young people. She said she would hope that every single person who has had a loved one involved in something like that would continue to support them and encourage them. She said many people have shared with her how they have been saved by advice or help they got by Don Kurth. Mayor Pro Tem Williams stated regarding developer contributions, she would assume that the $38,000 that the Lewis Company gave to Mr. Spagnolo two years ago would qualify as a developer contribution. 03. Councilmember Spagnolo said he apologizes to the audience as he is mad at himself for what he said earlier. He said he promised himself he would never get involved, get into the trenches and become dirty like that, and he apologizes. He said regarding the remark that he has the tendency to vote with the Mayor on all the issues, he said there are some issues that they have differed on over the last two years; and he stated that there have been issues wherein he has voted with Diane, Rex and Dennis. He said that's what they're up here to do. 04. Rex Gutierrez stated in politics there are people from a myriad of backgrounds who support campaigns, and it is going to be up to the public to decide if somebody gives him a $1,000 whether that means he was bought off. He said he thinks that is insulting, because the record shows instances where he has voted against some issues, for some issues, and against some people who may have supported him. He said this has been a developing community, and the developers want to have a voice in the process. He said most people don't support campaigns financially, but you'll find he has voted on behalf City C()uncil Minutes October 18, 2006 Page 4 of many people and organizations in this community who have never supported him financially. He said it is not an easy thing to accuse someone of being bought off because they got a contribution from someone. He said everyone on this Board has received sizeable contributions; he said Lewis paid $11,000 for Bill's sign, which is a pretty good contribution. He said the public will have to decide if we can be trusted. He said he hopes that our actions speak for themselves. Councilmember Gutierrez said the Rancho Recall organization claim all these victories. He said it's called Rancho Recall because they tried to recall him and Diane off the council, which failed miserably. He said for them to get up and tout a victory is kind of like Hezbollah (amid all the ruins of Lebanon) and saying how victorious they have been over Israel. He said to him it doesn't make a lot of sense. He said everyone has a voice and are entitled to it, but he has a voice too, so please indulge him. Councilmember Gutierrez said regarding campaign contribution, the voters will have to decide whether he is compromised and no good or whether he does more good than not good. He said he does believe that we should pay as we go. Mr. Gutierrez said he apologizes if he offended the wife of Mr. McCliman. He said he was offended and his wife was hurt while doing her job at the dental office when she heard this patient saying horrible things about her husband. He said on her behalf, in the several months that she has been cleaning the teeth of the McCliman family, she has never been unprofessional and has never mentioned a word about politics. He said he apologizes for bringing it up. He said we all have to do a lot to try to be better people. Councilmember Gutierrez said in 2002 he ran for office and the fire union candidate raised tens and tens of tens of thousands of dollars from developers, and we were able to overcome that. He said he spent about a quarter or a third of what they spent, and we beat them. He said he was sorry that she happened to be their candidate. ****** II E. CONSENT CALENDAR II El. Approval of Minutes: August 29, 2006 (Special Joint Meeting) September 20, 2006 September 27,2006 (Special Meeting) October 4, 2006 (Special Closed Session) REMOVED FOR DISCUSSION BY NICOLE MYERCHIN. E2. Approval of Check Register dated 9/27/06 through 10/10/06 and Payroll ending 10/10/06, for the total amount of $3,517,995.64. E3. Approve to receive and file current Investment Schedule as of September 30, 2006. E4. Approval of Parks, Recreation Facilities and Community Services Update. E5. Approval of a request from Valley Baseball Club, Inc. (DBA: Quakes) for a Waiver of Rental Fees for use of the Epicenter Stadium on Wednesday, October 25, 2006, for a season ticket holder World Series activity. E6. Approval of a request for a Public Convenience or Necessity Determination DRC2006-00848 - Nick Nazari for Haven Car Wash -for a Type 20 Off-Sale Beer and Wine license for a convenience store in the Industrial Park District (Subarea 6), located on the northeast corner of Haven Avenue and Jersey Boulevard - APN: 0209-491-14. City Council Minutes October 18, 2006 Page 5 RESOLUTION NO. 06-316 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 CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6), LOCATED ON THE NORTHEAST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD - APN: 0209-491-14 E7. Approval of a recommendation from the Park and Recreation Commission to increase the funding limits available for scholarship program participants involved in recreation programs. E8. Approval to award the purchase of one (1) lot of Hubbell Sports Lighting from C.E.D. Ontario, in the amount of $48,828.82, as per RFB#06/07-001, to be funded from Accl. No. 1130303-5650/1484130-0 (Landscape Maintenance District No. 1 Capital Improvements) and appropriate $8,830 into Accl. No. 1130303-5650/1484130-0 (Landscape Maintenance District NO.1 Capital Improvements). E9. Approval for the replacement purchase of one (1) Ford F-250 service bed truck with a ladder rack from Fairview Ford Fleet and Truck Center of San Bernardino, CA, as an off-the-Iot purchase, not to exceed the amount of $22,629.79 and authorization to appropriate $22,629.79 into Accl. No. 1712001- 5604 (Vehicle and Equipment Replacement Fund). E10. Approval of Map, Monumentation Cash Deposit, Improvement Agreement and Improvement Security for Public Street Improvements, and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17653, located on the north side of Jersey Boulevard, east of White Oak Avenue and west of Milliken Avenue, submitted by Panattoni Development Co., LLC. RESOLUTION NO. 06-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17653, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17653 E11. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map 16882, located on the north side of Foothill Boulevard, east of Etiwanda Avenue, submitted by Lewis Investment Company, LLC. RESOLUTION NO. 06-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 16882 City Council Minutes October 18, 2006 Page 6 RESOLUTION NO. 06-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16882 E12. Approval of yearly agreement with Grainger Industrial Supply to provide citywide maintenance parts and supplies, piggybacking off of a competitively bid, Western States Contracting Alliance (WSCA) Agreement, Number 6416, in the amount of $60,500, to be funded from Acct. Nos. 1001312-5204, Facilities Maintenance and Operations ($40,000); 1700201-5204, Sports Complex Maintenance and Operations ($4,000); 1001316-5200, Streets and Parks Maintenance and Operations ($10,000); 1848303-5200, PO 85 Park Maintenance and Operations ($2,000); 1848303-5204, PO 85 Facilities Maintenance and Operations, Landscape and Maintenance Districts 1131303-5204 ($1,000), 1133303- 5200 ($1,500); 1134303-5204 ($1,000); and 1001104-5204, Animal Care and Services Facilities Maintenance and Operations ($1,000), as approved in the FY 2006/07 budget. MOTION; Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 5-0. DISCUSSION OF ITEM E1. Approval of Minutes: August 29, 2006 (Special Joint Meeting) September 20, 2006 September 27, 2006 (Special Meeting) October 4, 2006 (Special Closed Session) Bill McCliman asked if the Council could address the October 4 Special Closed Session meeting and inform the public what the meeting was about. He said we would like to know about all the Special meetings and what is going on in the City. Jim Markman, City Attorney, stated it would be better when the minutes are to be approved to describe the subject matter. He said he remembers that the Special Joint Meeting was with the Planning Commission; the second Special Meeting was the study session on the Animal Shelter; and the Closed Session was the City Manager evaluation. Councilmember Michael stated that there are minutes in the agenda on each one of the meetings. Mr. McCliman said in the middle of this campaign, there has been a lot of issues about how much money is being spent in our City; he asked if there was money discussed at this meeting. Jim Markman, City Attorney, said he wasn't invited, but the Council was there with a facilitator to do an evaluation of the City Manager and said compensation was probably discussed as part of that. He said he is not privy to that. Mayor Alexander stated that compensation was discussed, but he does not have the figures in front of him, but there was an increase in salary given to the City Manager. Jack Lam, City Manager, stated action was taken in closed session and announced to put in the minutes, and the vote is recorded in the minutes. Mayor Alexander stated that it was a 3 to 2 vote, with disagreement relative to a raise or no raise and Councilmembers Michael, Williams and Gutierrez voted in favor and Council member Spagnolo and he voted opposed. Mr. McCliman asked what the numbers were. Mayor Alexander stated he does not know. City Council Minutes October 18, 2006 Page 7 Jim Markman, City Attorney, said the contract amendment is available to the public. Mr. McCliman said we ~hould be able to remember what that was. Councilmember Michael stated he doesn't know the number, but he can tell you that this Council has tried its best to establish all city employees in the top third of the survey cities in order to attract the best and retain those that are the best. We have set that as a goal, but we're not quite there yet. Councilmember Williams stated it is a public document and ready soon, if it is not prepared yet. Mr. McCliman asked why it is on the consent calendar if it has already been voted on. Jim Markman, City Attorney, said the minutes of the meeting is what is on the consent calendar. He said the document is available at the City Clerk's Office. Kathryn L. Scott, Assistant City Clerk, stated the amendment will be ready the following day. Mr. McCliman asked for clarification that they could pull the minutes up and it will explain what happened at the meeting. Jim Markman, City Attorney, stated only the action taken will be shown. The minutes won't tell you who said what at the meeting. Mr. McCliman said they want to find out how much of a pay increase there is. Jim Markman, City Attorney, said yes, there will be a number in that contract. Nicole Myerchin quoted Rex Gutierrez from an article from his paper regarding the lifestyles of public servants wherein he posted the salaries of firefighters. She said when a vote is going to be made regarding a pay increase, it should be in public, especially regarding the City Manager. She said more things should be discussed openly with the public. She said to Mr. Gutierrez that if he is going to slam one department, he should look at how much the City Manager makes because she has an idea of what that figure is and it's a whole lot more than what is going on in the Fire Department. Councilmember Gutierrez stated that he thinks it's about the same, or maybe less. Jim Markman, City Attorney, said it needs to be said in 38 years in this business, he has never heard a discussion of salary negotiations with city managers or firefighters or any other city employee groups conducted in public, and he doesn't think that anybody a party to any of those would want to do so. Mayor Alexander said he does not disagree with him, but the debate of safety salaries has certainly been debated until it has been beaten to pieces. Jim Markman, City Attorney, said he agrees with that. MOTION: Moved by Gutierrez, seconded by Michael to approve Item No. E1 in the Consent Calendar. Motion carried unanimously, 5-0. II F. CONSENT ORDINANCES II No items submitted. * * * * * * City Council Minutes October 18, 2006 Page 8 II G. ADVERTISED PUBLIC HEARINGS II G1. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING T6'THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE). (CONTINUED FROM SEPTEMBER 20, 2006) Mayor Alexander stated this is the time and place for the combined public hearings relating to the Community Facilities Districts No. 2006-01 (Vintner's Grove). He stated the public hearings relate to the formation of the proposed community facilities district, the authorization to levy special taxes within such district and the authorization to incur a bonded indebtedness of such district to finance authorized public facilities. He asked the City Clerk to report on the notice of the public hearings and asked that following the City Clerk's report for staff to give their report. Kathryn L. Scott, Assistant City Clerk, stated the notice of the public hearing has been given in the form and manner as required by law. A staff report was presented by Pamela Easter, Assistant City Manager. Mayor Alexander opened the meeting for public hearing and asked that each person who speaks give his or her name and address, and state whether he or she is the owner of property within the proposed district or is registered to vote at an address within the proposed district. There being no response, the public hearing was closed. Mayor Alexander asked staff to report on the protest count. Kathryn L. Scott, Assistant City Clerk, stated there is no protest for this proceeding. RESOLUTION NO. 06-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA VALLEY WATER DISTRICT AND THE INLAND EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) RESOLUTION NO. 06-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT TO THE QUALIFIED ELECTORS THEREOF RESOLUTION NO. 06-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACiLITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY City Council Minutes October 18, 2006 Page 9 FACILITIES DISTRICT TO INCUR BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES, AND GIVING NOTICE THEREON MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution No. 06-321, Resolution No. 06-322 and Resolution No. 06-323. Motion carried unanimously, 5-0. At this time, the Assistant City Clerk canvassed the ballots received and announced that there was an affirmative vote for Propositions A, B & C. RESOLUTION NO. 06-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT Kathryn L. Scott, Assistant City Clerk, read the title of Ordinance No. 769. ORDINANCE NO. 769 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 769 for the November 1, 2006 meeting. Motion carried unanimously, 5-0. RESOLUTION NO. 06-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT IN COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE). MOTION: Moved by Williams, seconded by Spagnolo to approve Resolution No. 06-324 and Resolution No. 06-325. Motion carried unanimously, 5-0. G2. CONSIDERATION OF RESOLUTIONS AND ORDINANCE RELATING TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66). (CONTINUED FROM SEPTEMBER 20, 2006 Mayor Alexander stated this is the time and place for the combined public' hearings relating to the Community Facilities Districts No. 2006-02 (Amador on Route 66). He stated the public hearings relate to the formation of the proposed community facilities district, the authorization to levy special taxes within such district and the authorization to incur a bonded indebtedness of such district to finance authorized public facilities. He asked the City Clerk to report on the notice of the public hearings and asked that following the City Clerk's report for staff to give their report. Kathryn L. Scott, Assistant City Clerk, stated the notice of the public hearing has been given in the torm and manner as required by law. A staff report was presented by Pamela Easter, Assistant City Manager. City Council Minutes October 18, 2006 Page 10 Mayor Alexander opened the meeting for public hearing and asked that each person who speaks give his or her name and address, and state whether he or she is the owner of property within the proposed district or is registered to vote at an address within the proposed district. There being no response, the public hearing was closed. Mayor Alexander asked staff to report on the protest count. Kathryn L. Scott, Assistant City Clerk, stated there is no protest for this proceeding. RESOLUTION NO. 06-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF JOINT COMMUNITY FACILITIES AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA VALLEY WATER DISTRICT AND THE INLAND EMPIRE UTILITIES AGENCY PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) RESOLUTION NO. 06-327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT TO THE QUALIFIED ELECTORS THEREOF RESOLUTION NO. 06-328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNiTY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES, AND GIVING NOTICE THEREON MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 06-326, Resolution No. 06-327 and Resolution No. 06-328. Motion carried unanimously, 5-0. At this time, the Assistant City Clerk canvassed the ballots received and announced that there was an affirmative vote for Propositions A, B & C. RESOLUTION NO. 06-329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT City Council Minutes October 18, 2006 Page 11 RESOLUTION NO. 06-330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT IN COMMUNITY FACILlTEIS DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) MOTION: Moved by Williams, seconded by Spagnolo to approve Resolution No. 06-329 and Resolution No. 06-330. Motion carried unanimously, 5-0. Kathryn L. Scott, Assistant City Clerk, read the title of Ordinance No. 770. ORDINANCE NO. 770 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Spagnolo, seconded by Michael to waive full reading and set second reading of Ordinance No. 770 for the November 1, 2006 meeting. Motion carried unanimously, 5-0. ..**** II H. PUBLIC HEARINGS II No items submitted. ****** II I. CITY MANAGER'S STAFF REpORTS II 11. WEST NILE VIRUS UPDATE (Oral) Dr. Min-Lee Cheng, West Valley Mosquito and Vector Control District Manager, gave an update on the West Nile Virus. He stated that no human cases were reported in Rancho Cucamonga or the West Valley. He said two human cases were reported in San Bernardino County, one in Fontana and the other possibly in Rialto. He encouraged everybody to have their horses immunized. He said they can't see what is in backyards; so with the use of helicopters they look for green pools. He said Rancho Cucamonga seems to top all five cities they serve. He said in 2004, they found 108 pools; 2005, 303 and this year 117 pools, and said all pools have been abated. He also stated they received a State West Nile Virus and Mosquito Control Grant in the last couple years. He briefly discussed structural bees, of which the colonies are located in the structures or equipment. Councilmember Michael commended Dr. Min-Lee Cheng for the work he has done for Rancho Cucamonga. City Council Minutes October 18, 2006 Page 12 J. COUNCIL BUSINESS Jl. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Williams made an announcement regarding the Friends of the Library booksale @ $.25 each at the Archibald Library. She said thousands of children's books have been purged that are just slightly worn and aren't good enough to keep circulating, but certainly good enough for children in a home. Mayor Alexander stated that the event for the Light the Night Walk for Leukemia and Lymphoma Society on Sunday, October 81h was very well received. ****** K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. II L. ADJOURNMENT II MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 11 :28 p.m. Respectfully submitted, ~~c~ cJlj)Z(-- Assistant City Clerk Approved: December 6, 2006