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HomeMy WebLinkAbout2007/05/16 - MinutesMay 16, 2007 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on Wednesday, May 16, 2007, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 4:00 p.m. by Chairman/Mayor Donald J. Kurth, M.D. Present were Agencymembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman/Mayor Pro Tem Diane Williams, and Chairman/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman/Legal Counsel/City Attorney; Linda D. Daniels, Redevelopment Director; John Gillison, Deputy City Manager/Community Development; and George Rivera, Human Resources Officer. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S~ Chairman Kurth announced the closed session items: 61. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD; LINDA D. DANIELS, RDA DIRECTOR, AND J. FILIPPI WINERY, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT-RDA 62. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION, PER GOVERNMENT CODE SECTION 54956.9(a), CITY OF RANCHO CUCAMONGA V. ELLEN DARPLEE - CITY ~~ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) ~~ No one was present to comment on the closed session items. D.. CONDUCT OF CLOSED SESSION Closed session began at 4:00 p.m. E. CITY MANAGER ANNOUNCEMENTS AND REPORTS Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 2 F. RECESS The closed session adjourned at 6:52 p.m. with no action taken. G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council was held on Wednesday, May 16, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth, M.D. called the meeting to order at 7:01 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman/Vice PresidenUMayor Pro Tem Diane Williams and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; D. Craig Fox, Assistant Legal Counsel/Assistant City Attorney; Marcia Godwin, Assistant to the City Manager; Fabian Villenas, Management Analyst III; John Gillison, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; Dawn Haddon, Purchasing Manager; Lorraine Phong, Sr. Information Systems Analyst; Mike Toy, Information Systems Specialist; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; Mike Ten Eyck, Administrative Resource Manager; Robert Lemon, Management Analyst III; James Troyer, Planning Director; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Deputy Chiefs Mike Bell and Mark Hartwig, Fire Marshall Rob Ball, and EMS Administrator Stephanie Rasmussen, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Assistant City Clerk; Shirr'I Griffin, Office Specialist II -City Clerk's Office; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation in recognition of "National Public Works Week," May 20 - 26, 2007. The Mayor and City Council presented the Proclamation to Leonard Viveros, Michael Ollman and Phillip Ortega. They thanked the Council for this recognition and added they work hard to make the City a great place to live. H2. Presentation of a Proclamation to Cristine McPhail in recognition of her service on the Rancho Cucamonga Planning Commission. The Mayor and City Council presented the Proclamation to Cristine McPhail and thanked for her service on the Planning Commission. H3. Presentation of a Proclamation in recognition of "Emergency Medical Services (EMS) Week," May 20-26, 2007. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 3 The Mayor and City Council presented the Proclamation to Deputy Chief Mark Hartwig and EMS Administrator Stephanie Rasmussen. L PUBLIC COMMUNICATIONS 11. Nacho Gracia and Paul Hernandez, Northtown Development Corporation, thanked the Council for the Cinco de Mayo celebration. Mr. Hernandez thanked the Council for their support of Cinco de Mayo and the Mayor for participating in the salsa tasting contest. They thanked City staff for making this event so successful. They also thanked Captain Ortiz for the donation of the bicycles. 12. Cathy Cushman stated she was not in favor of the day laborers congregating at Grove and Arrow. She felt there were plenty of other ways for these people to get work and jobs. She did not feel the taxpayers should have to pay for a facility for them to solicit work. 13. Janet Harms founder of the Windsong Southland Chorale invited the Council to their event to be held on Sunday, May 20th at 4:00 p.m. to be held at the Lewis Family Playhouse. She continued talking about the many places they have performed. 14. Antonio Arias felt there should be democracy for all races. He hoped the Council would listen to everyone and be able to talk about things. 16. Robin Hvidston wanted to discuss the recent tragedy that took place at Grove and Arrow which took the life of a day laborer. She did not agree the death happened because there wasn't a day laborer established site. She stated the congregating took place even when there was a City established site. She stated she was saddened by Jose Pedroza's passing. She stated he lost his life while practicing freedom of speech. She stated the Minuteman Project seeks a lawful answer to this problem. 16. Raymond Herrera, Minuteman Project, mentioned the accident that took place this past week and stated it was caused by driver distraction, not the Minuteman Project. He felt a day laborer site was not a good way to go. 17. Dee Barroo stated everyone feels badly about the man that died. She stated she is a law abiding person and didn't appreciate people not obeying the laws while they are demonstrating. I8. Juan Medina stated he supported the workers, and hoped the City would open a day laborer center. He stated everything they do is to support their families. He stated they are human beings and want to work and want to help the economy and their families. He stated they are here to work to better our community. 19. Minor Collinsworth, Minuteman Project, stated he has attended four demonstrations at Grove and Arrow. He stated they always follow the rules and laws of the Police Department. He felt it was unfair for others to blame them for the accident at Grove and Arrow. 110. Dean Cascio asked how a day laborer center helps the City. He stated the people that would be hired are not helping the City in any way by being hired as a day laborer. Councilmember Michael asked the City Manager to talk about the City's previous day laborer site. Jack Lam, City Manager, stated there used to be a day laborer site in Rancho Cucamonga, and that it has not existed for way over a year. Councilmember W illiams asked if it was a City operation run by City staff. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 4 Jack Lam, City Manager, stated a nonprofit organization operated the center until they could no longer function there, and then the property was put up for sale. He stated it was established there were a lot of complaints about people loitering. He stated the original thought was if a center was organized it would help the loitering problem. He stated the City did not use any of its funds to operate the center. 111. Robert Lauten felt a church should not be allowed to have a day laborer center. He felt the problem with the day laborers has been caused by President Bush's open border policy. He asked the Council not to open a day laborer center. He asked the Council to approve a resolution to be forwarded to Congress and all cities in the 26th Congressional District not to support the position of the North American Union (information distributed is on file in the City Clerk's office). 112. Debbie McClay stated the death of Fernando Pedroza occurred while he was on the sidewalk, and not on the street. She felt the City should take a position about this day laborer issue. She stated this is a federal issue and felt it was important for everyone to co-exist. 113. Jose Calderon asked that there be a committee established to deal with this problem. He stated without a day laborer center it is not safe at Grove and Arrow. He felt the protesting of the Minuteman caused Mr. Pedroza to be there when he was killed. He felt there should be a safe place for day laborers and asked the Council to talk and work with them. 114. Deana Zapien stated they lost a friend, and added she is not blaming anyone. She felt the day laborers should be given a chance. She hoped the Council would support them. 115. Frances Gonzales stated she was in favor of a day laborer center where it would be a safe location for workers to congregate. She urged the Council to develop a day laborer center. 116. Bernardino Gutierrez stated as a day laborer himself, they lost a good friend. He stated the Minutemen don't care about Jose Pedroza's life, and that they are a bunch hypocrites. 117. Suzanne Foster, Director of the Pomona Day Laborer Center, stated the Pomona Day Laborer Center is a nonprofit organization and does not have any affiliation with the "Rancho Cucamonga Corner." She stated the day laborers want the City to open a center to help them and that they support this. She stated Mr. Pedroza was very innocent when he was killed. She hoped the City will support the day laborers. 118. Carlos Mendez asked for basic human rights for any human being. He did not feel they have this or it is difficult for them. He felt abandoned and hoped there would be a day laborer center in the City. He hoped the City would come to the accident site and acknowledge the death of Mr. Pedroza. 119. Pablo Alvarado, Director of the National Day Laborer Network, hoped the Council would create dialogue with the workers because this is an issue of public health and safety. 120. Penny Magnotto stated this is travesty what has been allowed to happen. She did not feel the Council was doing the right thing. She stated she is so disappointed in America. She did not feel the Mayor was being fair with the amount of time he is giving people to speak. She felt the Council was useless and was disappointed in America. She felt the Council was a bunch of wimps. A recess was taken at 8:22 p.m. The meeting was called back to order at 8:34 p.m. with all members present. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 5 James Markman, City Attorney stated he felt people do not understand what this part of the agenda is about. He stated it is a time for the Council to listen to what people have to say, and it is not a time for a debate. He stated all the Council can do at this time is listen. 121. Elizabeth Ailerton stated she is concerned about using her tax dollars to fund a day laborer center. She stated it is against the law to hire illegals. She hoped the Council will not open a day laborer center again. 122. Lucio Medina wanted to talk to the Council about a day in the life of a day laborer. He continued with his story. He talked about himself and his skills. He told the Council he is thankful for the people of Rancho Cucamonga for giving him work. 123. Christian Seballos stated he is a junior at Los Osos High School. He stated he has scheduled a demonstration of a spray paint artist to use his talents for something good other than graffiti. He stated there is an event being planned to raise funds to help the Katrina victims. He stated it is scheduled for Wednesday, May 22 during the lunch hour at Los Osos High School, and May 23 at 5:45 and 8:00 p.m. also to be held at Los Osos High School, and that Vince's Spaghetti will be doing the catering. He showed pictures of what this artist does. He hoped the Council will come out to see his talents. 124. Ed Hills stated he applauded Mr. Seballos and appreciated his leadership. He stated today we are experiencing some success against drugs on the streets and talked about the presentation that would be given later in the meeting by Mahdi Aluzri, Deputy City Manager/Community Development. He hoped the City will get involved in this program. He urged the Council to consider this. He felt it was good for the City to develop partnerships with the community. 125. Jerie Lee felt the Council meeting was hi-jacked and stated that she had previously been told the City did not use any funds for the previous day laborer site. She did not agree there should be a fire station at Central Park. She asked why we need a headquarters when the fire stations are already overbuilt. She felt the developers should donate land for a fire station. She felt we already have too many fire stations and really didn't think there should be a fire station at Central Park. 126. John Lyons felt there should be a policy of English only at the Council meetings. He wanted to say hi to our troops overseas. He stated it is the federal government that has jurisdiction over the day laborer issue, and felt they should have representatives present at our next meeting. 127. Leslie Grimes stated she would like to go on record that she was not allowed to speak and did not feel the Council was following the procedure they adopted when the speaker cards were implemented. She felt the people had been lied to. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo's comments were not recorded due to technical difficulties with the recording system. A recess was taken at 9:06 p.m. to repair the audio/visual system in the Council Chambers. The meeting was called back to order at 9:17 p.m. with all members present. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 6 Councilmember Gutierrez stated he agreed with Jerie Lee that the meeting was hi-jacked. He stated we have tried for many years to do something about the day laborer issue. He stated we do not have aCity- sanctioned day laborer center. He stated there are organizations that can help with this problem. He felt there should be s subcommittee established to work on this issue. He stated he resented the way the Minutemen act and disrupt the decorum of the meeting. He said they never stay for the meeting to hear what the Council has to say. He stated he is sick of their excuses. He stated it is the Minutemen that attracted the KKK to our City some time back. He questioned who really are the Americans. He felt we needed to try to come up with a solution to this problem. He stated he resented what happened tonight, and that this Council does care. He sated he wants to be part of the solution and not the problem. He felt we should all look at each other as human beings. Councilmember Michael stated he hopes we can have calm, rational minds to solve this issue. He stated the Council is committed to resolving this. He stated the Council is concerned about the safety of the people in the neighborhood where this is going on. He didn't think the City is interested in using tax payer dollars for this. He wished there was some organization that could help financially. Mayor Pro Tem Williams stated the Council does care and that there is a commitment to find a solution. She felt it is the federal government that has created these problems. She felt the Council is committed to see what we can do. She felt everyone should work together. Mayor Kurth stated the real tragedy is the death of Mr. Pedroza. He stated the Council has tried to allow everyone the opportunity to speak. He felt everyone should be allowed an opportunity. He felt a subcommittee might be a good way to get this resolved. He stated most of the people that spoke are not residents of the City. He stated it makes him angry that some of these people came and hijacked our Council meeting. ~~ K. CONSENT CALENDAR -REDEVELOPMENT AGENCY ~~ K1. Approval of Minutes: April 18, 2007 K2. Approval of Check Register dated April 25 through May 8, 2007 for the total amount of $574,787.41. K3. Approve to receive and file current Investment Schedule as of April 2007. K4. Approval of Amended Fiscal Year 2006/07 Appropriations. Correctedlnjormarion Distributed. K5. Approval of Amendment No. 2 to amended and restated Exclusive Negotiations Agreement with Rancho Workforce Housing (CO RA 05-014) for property generally located on the north side of Foothill Boulevard west of Center Avenue. K6. Approval of an amendment to the loan agreement between the Redevelopment Agency and LINC-Pepperwood Housing (RA 06-015) to provide additional funding related to property located at 9055 Foothill Boulevard, and to transfer an amount not to exceed $1,288,115.00 ($1,171,012.00 plus contingency) from Housing Reserves to Acct. No. 2622801-5620. K7. Accept the bids received and award and authorize the execution of the contract (CO RA07- 003/CO 07-065) in the amount of $6,239,501.50 to the apparent low bidder, Pouk & Steinle, Inc., for the base bid and all alternatives and authorize the expenditure of a 10% contingency in the amount of $623,950.15 for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting, to be funded from 2004 Tax Allocation bonds funds, Acct. No. 2 660 801 5650/1353 660-0 and Municipal Utility Funds, Acct. No. 1 705 303 5650/1608 705-0; and appropriate additional amount of $3,750,000.00 to Acct. No. 1 705 303 5650/1608 705-0 from Municipal Utility Fund balance. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 7 MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar for the Redevelopment Agency, Fire Protection District and City Council with the correction as identified for item K4. Motion carried unanimously 5-0. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K8. Approval of Minutes: April 18, 2007 K9. Approval of Check Register dated April 25 through May 8, 2007 for the total amount of $36,152.18. K10. Approval to receive and file current Investment Schedule as of April 2007. K11. Approval of Amended Fiscal Year 2006/07 Appropriations. K12. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-2 (Bruno RV Storage-APN: 0228-011-31 & 38). RESOLUTION NO. FD 07-024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 07-2 K13. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-3 (The Grove Plaza - 8517 Grove Avenue - APN:0207-222-05). RESOLUTION NO. FD 07-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 07-3 K14. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-07-1 (Oasis Homes-TT18305) RESOLUTION NO. FD 07-026 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-07-1 K15. Approval to renew the existing agreement with MuniFinancial (a Willdan Company) (CO FD 07- 008) in the amount of $14,650.00 for contract engineering services to update the County Assessor's tax rolls for Tax Year 2007/08 within the Community Facilities District No. 85-1. K16. Approval to fill existing vacancies on the Governing Board of Directors of the Fire Agencies Insurance Risk Authority. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 8 MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar for the Redevelopment Agency, Fire Protection District and City Council with the correction as identified for item K4. Motion carried unanimously 5-0. K. CONSENT CALENDAR -CITY COUNCIL K17. Approval of Minutes: April 18, 2007 K18. Approval of Check Register dated April 25 through May 8, 2007, in the amount of $2,491,944.22, and Payroll ending April 25 through May 8, 2007, in the amount of $1,034,821.06, for the total amount of $3,526,765.28. K19. Approval to receive and file current Investment Schedule as of April 2007. K20. Approval of Amended Fiscal Year 2006/07 Appropriations. K21. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Arrow Route Pavement Rehabilitation from Hermosa Avenue to Haven Avenue, to be funded from Acct. No. 1 1 763035650/1 5 881 76-0 (Measure "I" Funds). RESOLUTION NO. 07-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "ARROW ROUTE PAVEMENT REHABILITATION FROM HERMOSA AVENUE TO HAVEN AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO RECEIVE BIDS K22. Approval of a Use Agreement with the County of San Bernardino for the use of 80 (eighty) parking spaces at the Law and Justice Center for a five (5) year period with five (5) one (1) year extensions. K23. Approval of the Parks, Recreation Facilities and Community Services Update. K24. Approval of City Co-Sponsorship of the Inland Valley Daily Bulletin All Star Game at the Rancho Cucamonga Epicenter Stadium on June 5th (practice game) and June 6, 2007 (game date). K25. Approval of an Improvement Agreement Extension for DRCCUP98-08, located at 9456 Roberds west of Amethyst Street, submitted by Lora L. & Sam Iftikhar. RESOLUTION NO. 07-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRCCUP98-08 K26. Approval of Improvement Agreement, Improvement Security and ordering the annexation of Landscape Maintenance District No. 1 and Street Li~hting Maintenance District Nos. 1 and 2 for DRC2004-01173, located on the southeast corner of 19" Street and Beryl Street, submitted by Rubber Tires & Custom Wheels, Inc. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 9 RESOLUTION NO. 07-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-01173 RESOLUTION NO. 07-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2004-01173 (APN: 202-461-65) K27. Approval of Improvement Agreement, Improvement Security and ordering the annexation of Landscape Maintenance District No. 36 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 17938, located on the east side of Pittsburgh Avenue at 5'h Street submitted by Rock-Pitt, LLC. RESOLUTION NO. 07-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 17938 (TENTATIVE PARCEL MAP NO. 17938) RESOLUTION NO. 07-112 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 LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17938 K28. Approval to award an annual contract to Clearwater Graphic (CO-07-061) for the printing and production of The Grapevine, RC Reporter, and Annual Report for the remainder of fiscal Year 06/07, with the option to renew for an additional three (3) years in one (1) year increments, upon mutual consent in the amount of $92,654.00 and authorize a 10% contingency in the amount of $9,265 funded from Acct. No. 1001401-5300/5230000-1890 in the amount of $80,653 ($73,321.00 and a 10% contingency of $7,332.00) and 1001001-5300 in the amount of $21,266.00 ($19,333.00 and a 10% contingency of $1,933.00). K29. Accept the bids received and award and authorize the execution of the contract in the amount of $229,489.50 to the apparent low bidder, Gentry Brothers, Inc. (CO 07-062), and authorize the expenditure of 10% contingency in the amount of $22,948.95 for the Carnelian Street Pavement Rehabilitation from Wilson Avenue to Almond Street, to be funded from Measure I funds, Acct. No. 1 1 76305 650/1 5891 76-0. K30. Accept the bids received and award and authorize the execution of the contract in the amount of $184,171.00 to the apparent low bidder, Land Forms Landscape Construction, Inc. (CO 07-063), and authorize the expenditure of 10% contingency in the amount of $18,417.10, for the Church Street Parkway Landscape Improvements from Teak Way to Haven Avenue, to be funded from Beautification Funds, Acct. No.1 1 1 0 30 6 5650/1 5431 1 0-0. K31. Accept the bids received and award and authorize the execution of the contract in the amount of $98,341.00 to the apparent low bidder, Roadway Engineering & Contracting, Inc. (CO 07-064) and authorize the expenditure of 10% contingency in the amount of $9,834.10 for the RCMU substation Fencing and Pavement Rehabilitation to be funded from Municipal Funds, Acct. No. 1 705 30 3565 0/1 49 0705-0. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 10 K32. Accept the bids received and award and authorize the execution of the contract (CO 07-065/CO RA 07-003) in the amount of $6,239,501.50 to the apparent low bidder, Pouk & Steinle, Inc., for the base bid and all alternatives and authorize the expenditure of a 10% contingency in the amount of $623,950.15 for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting, to be funded from 2004 Tax Allocation bonds funds, Acct. No. 2 660 801 5650/1353 660-0 and Municipal Utility Funds, Acct. No. 1 705 303 5650/1608 705-0; and appropriate additional amount of $3,750,000.00 to Acct. No. 1 705 303 5650/1608 705-0 from Municipal Utility Fund balance. K33. Approval to Improvements Agreement Extension for DRC2005-00068, located at 8358 Red Hill Country Club Drive, submitted by Tovey/Schultz Construction, Inc. RESOLUTION NO. 07-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2005-00068 K34. Accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Parcel Map 16141 located on the south side of 9~h Street and the east side of Baker Avenue, submitted by HC Vineyard, LLC. RESOLUTION NO. 07-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16141 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K35. Accept improvements, retain $2,520.00 of the Faithful performance cash deposit in lieu of a Maintenance Bond and file a Notice of Completion for improvements for Parcel Map 16180 located on the southeast corner of Banyan Street and Greenwood Place, submitted by Jim Kelm. RESOLUTION NO. 07-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16180 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K36. Accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16554 located on the southwest corner of Hermosa and Base Line Road, submitted by HL Homes Corporation RESOLUTION NO. 07-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16554 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar for the Redevelopment Agency, Fire Protection District and City Council with the correction as identified for item K4. Moticn carried unanimously 5-0. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 11 L. CONSENT ORDINANCES No items submitted. M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT M1. CONSIDERATION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (EZE TRUCKING - 8578 PECAN AVENUE -ANNEXATION NO. 07-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. RESOLUTION NO. FD 07-027 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-4) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS A staff report was presented by Chief Bryan President Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. FD 07-027. Motion carried unanimously 5-0. M2. CONSIDERATION OF FIRST READING OF AN ORDINANCE CONTINUING THE ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2007/08 IN MELLO RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 ORDINANCE NO. FD 44 (first reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-BOOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2007/08 A staff report was presented by Chief Bryan. President Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, Secretary, read the title of Ordinance No. FD 44. MOTION: Moved by Williams, seconded by Michael to waive first reading and set second reading for the June 6, 2007 meeting. Motion carried unanimously 5-0. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 12 M3. RESOLUTION NO. FD 07-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-1 FOR FISCAL YEAR 2007/08 A staff report was presented by Chief Bryan. President Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. FD 07-028. Motion carried unanimously 5-0. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL '' M4. RESOLUTION NO. 07-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2007/2008 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 A staff report was presented by Jack Lam, City Manager. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 07-117. Motion carried unanimously 5-0. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 13 RESOLUTION NO. 07-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 36, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2007/2008 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 A staff report was presented by Jack Lam, City Manager. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 07-118. Motion carried unanimously 5-0. M6. CONSIDERATION TO APPROVE THE RESOLUTION FOR THE LEVY AND COLLECTION OF RESOLUTION NO. 07-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 (HERITAGE AND RED HILL COMMUNITY PARKS) FOR THE FISCAL YEAR 2007/2008 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 A staff report was presented by Jack Lam, City Manager. Mayor Kurth opened the meeting for public hearing. There being no response the public hearing was closed. Councilmember Gutierrez stated he is proud of Joe O'Neil, City Engineer, that we have not had any tax increases since 1991 for these assessment districts. MOTION: Moved by Williams, seconded by Michael to approve Resolution No. 07-119. Motion carried unanimously 5-0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Jack Lam, City Manager. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 07-120 Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 14 MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 07-120. Motion carried unanimously 5-0. N. PUBLIC HEARINGS No items submitted. O. CITY MANAGER'S STAFF REPORTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESCRIBING THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY TO COMPLY WITH STATE REQUIREMENTS ON EMINENT DOMAIN A staff report was presented by Lynda Thompson, RDA Analyst I. Debra J. Adams, City Clerk, read the title of Ordinance No. 777. MOTION: Moved by Michael, seconded by Williams to waive full reading and set second reading of Ordinance No. 777 for the June 6, 2007 meeting. Motion carried unanimously 5-0. 02. DISCUSSION OF THE 2008 GENERAL PLAN UPDATE A staff report was presented by Candyce Burnett, Senior Planner. ACTION: Report received and filed. MOTION: Moved by Williams, seconded by Michael to continue the meeting past 10:00 p.m. in order to complete the agenda for this meeting. Motion carried unanimously 5-0. 03. PROGRAM (Verbal) A staff report was presented by Chief Bryan. He indicated this is a proposed program with the County of San Bernardino to improve the fire protection in the northern part of the City between Archibald and Haven. He stated they have been working with the homeowners in that area to develop an agreement for any subdivision of the parcels. He stated this will aid in the development and construction of access roads and additional fire protection measures. He stated an important element in protection for this area ORDINANCE NO. 777 (first reading) Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 15 is protecting it from those people that go up there that do not live there. He stated they would like to post signs to prohibit the use of fireworks, fire arms or shooting and would restrict the area to only those people that live there. He stated staff needs to meet with the County of San Bernardino to develop a joint program with them. He stated they have indicated they are interested in this joint program. He added the residents are also supportive of this effort to improve their fire protection. Councilmember Michael pointed out we do not allow fireworks in any area of the City and asked why we don't do this throughout the entire northern area of the City. Chief Bryan stated this is a pilot program and this is the first area they are doing this for. ACTION: Report received and filed. 04. DISCUSSION OF WILDLAND URBAN INTERFACE TRAINING (Verbal) A staff report was presented by Chief Bryan. He indicated Rancho Cucamonga will be hosting the 21st annual Wildland Urban Intertace Training exercise (also called the "bump and run drill"). He indicated staff will be working with the press to publicize this. He stated they will also be disseminating flyers to the residents. He stated they wanted to bring this to the Council's attention so they are aware of it. He added there will also be a drill on June 21st with various City staff members to be held in the EOC. Councilmember Spagnolo felt this would be very beneficial. P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated this weekend is the Ron Ives Bicycle Rodeo to be held at the Epicenter, and commented on the event. He stated he was really touched by the gentlemen that came up and received the Proclamation for Public Works Week earlier in the meeting. He commended them for their work. Mayor Pro Tem Williams concurred that our Maintenance staff are the best. She stated the Pacific Electric Bike-a-thon was a huge success, and that it was well done. She also commented on the Bicycle Rodeo to occur this weekend, and also commented on the Rotary Club's track meet to occur this weekend. Councilmember Spagnolo stated this is Blue Ribbon Week and talked about the programs he has attended to honor law enforcement officers. Councilmember Gutierrez stated Jim Frost, our City Treasurer, is now riding a motorcycle across the Country for the Run for the Wall event. He stated they left today for Washington, D.C. and will arrive there on Memorial Day. Maycr Kurth thanked everyone for their civility and courteousness tonight, and to those who helped him get through this. He apologized to those that didn't get to speak and hoped they will come back next week. P2. Redevelopment Agency, Fire Protection District and City Council Minutes May 16, 2007 Page 16 Mayor Pro Tem Williams stated the City Council Subcommittee is recommending Thomas Galindo for this position. MOTION: Moved by Williams, seconded by Gutierrez to appoint Thomas Galindo. Motion carried unanimously 5-0. P3. DISCUSSION OF THE SAFE STREETS NOW!. ANATIONALLY-RECOGNIZED PROGRAM A staff report and power point (which is on file in the City Clerk's office) was presented by Mahdi Aluzri, Deputy City Manager/Community Development. Councilmember Gutierrez stated he wouldn't mind being part of a subcommittee to investigate this further how to best implement this type of program. Councilmember Michael asked if this is part of the SOPS program.. Captain Ortiz stated yes. Councilmember Spagnolo felt this should be part of our Neighborhood Watch Program. He stated he fully supports this program. Councilmember Gutierrez felt a subcommittee would get this done quicker, but is glad the City Council supports this now. He stated he just wants to get this moving forward. Mayor Pro Tem Williamsfelt we should have a report on the Neighborhood Watch Program to include how many we have, how many are active, and more details about the program. Councilmember Michael stated this Council is always supportive of enhancing public safety. He didn't think we needed a committee at this point. MOTION: Moved by Spagnolo, seconded by Michael to support this program and the findings of staff. Motion carried unanimously 5-0. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. R. ADJOURNMENT The meeting adjourned at 10:36 p.m. Re ectfully submitted, C~~iy~ ebra J. Adams, CMC Assistant Secretary/Secretary/City Clerk Approved: June 20, 2007