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HomeMy WebLinkAbout2007/07/18 - MinutesJuly 18, 2007 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL REGULAR MINUTES A. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council was held on Wednesday, July 18, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Vice ChairmanNice PresidenUMayor Pro Tem Diane W illiams called the meeting to order at 7:04 p.m. Present were: Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem Diarie Williams Also present were: Jack Lam, Executive Director/City Manager; James Markman, Legal Counsel/City Attorney; Marcia Godwin, Assistant to the City Manager; Fabian Villenas, Management Analyst III; Kimberly Thomas, Management Analyst III; Tranda Drumwright, Housing Programs Manager; Jan Reynolds, RDA Analyst II; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Lorraine Phong, Sr. Information Services Analyst; Shelly Munson, Information Services Specialist II; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; Donna Vega, Management Aide; James Troyer, Planning Director; Corky Nicholson, Assistant Planning Director; Rina Leung, Sr. Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Robert Karatsu, Assistant Library Director; Renee Tobin, Principal Librarian; Captain Pete Ortiz and Administrative Secretary Debra Cabana, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Assistant City Clerk; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. Absent was: Chairman/President/Mayor Donald J. Kurth, M.D. Mayor Pro Tem Williams stated Mayor Kurth is doing well and that he appreciated all the kind wishes from everyone. B. ANNOUNCEMENTS/PRESENTATIONS 61. Presentation of a City Tile and Proclamation tc Police Chief Pete Ortiz commending his service to the Rancho Cucamonga community. The Mayor and City Council presented a City Tile and Proclamation to Police Chief Pete Ortiz. Senator Bob Dutton and Nan Rider, representing Assemblyman Bill Emmerson's office, also presented Resolutions to Chief Ortiz. The Council thanked Chief Ortiz for his dedication and service to the City of Rancho Cucamonga. Chief Ortiz thanked the community, the department heads and the City Council for the opportunity to work in Rancho Cucamonga, and stated he will miss everyone. B2. Recognition of the Library Board for their dedication and service. Boardmembers Robert Coberly and Sharon Nagel along with Deborah Clark, Library Director, came forward. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 2 Deborah Clark, Library Director, introduced the Board and explained their responsibilities. She thanked them for their service. Boardmember Bob Coberly stated they currently have an opening on the Board and encouraged people to apply for this position stating it was a great opportunity. 63. Administration of Oath of Office to Frances Howdyshell and Ravenel Wimberly, newly-appointed members to the Planning Commission. Mayor Pro Tem Williams administered the oath of office to Frances Howdyshell. She added that Mr. Wimberly could not be present tonight, but that he was also recently appointed to the Planning Commission. C. PUBLIC COMMUNICATIONS C1. Sherry Martinet, 7795 Calle Casino, stated they received a violation for their pool because of the height of their pool fence and because it exceeds the 5,000 gallon minimum requirement for a pool permit. She stated she talked to someone at the City and asked them to come to her house and let her know exactly what was needed. She did not feel she was getting very much cooperation with the inspector as far as advising them what to do. She stated James Troyer, Planning Director, and Trang Huynh, Building and Safety Official, came to their house and told them they could not have the pool in the location they wanted to. They felt it should be moved to another area of her yard. She stated she also got a violation letter that her olive tree blocked the stop sign and did not feel this was justified either. She and her husband felt this harassment by the City should stop, and asked the Council to help them. She added they did not feel this would be an issue if they did not live next door to a City Councilmember. C2. Ed Hills stated he has been trying to raise the level of awareness regarding the use of medical marijuana. He stated he had an editorial in the Inland Valley Daily Bulletin about this and that he has had four (4) rebuttal letters come out in the paper. He did agree with the use of marijuana for medical purposes. He felt people are using the law that allows for the use of marijuana for medical purposes in an inappropriate way. He felt the City should take a leadership role on this issue and put it on the agenda for the first meeting in September with an ordinance banning the dispensary of marijuana within City limits, draft a Resolution to the Governor that the City believes that Proposition 215 proposes a risk to the City and State, and also encourage surrounding cities to do this. C3. Jerie Lee stated the completion of the Wellness Pass Center expansion project is not completed and added that staff is saying there is not enough money in the budget to complete it. She asked for the Council to put this issue on the next meeting agenda so this can be resolved. C4. Robin Hvidston, Minuteman Project, stated they had an American flag rally on July 3rd to remind employers that Grove and Arrow is American and to celebrate the 4th of July. She stated the day laborers chain their bicycles to the telephone poles on Grove and Arrow and didn't feel they should be doing this. She stated employers do not pick up day laborers because they know they shouldn't be doing this. She stated the day laborers are also jaywalking. She stated if the City is going to allow them to loiter, they should stop them from jaywalking. The Minutemen hoped the City will shut down this site for day laborers permanently. C5. Raymond Herrera, Minuteman Project, showed photos of alcohol bottles from the day laborers that had been tossed on the ground near Arrow and Grove. He did not feel the City does anything to stop the day laborers. He stated the Minutemen have solutions and would like to meet with the Council to resolve this problem with the day laborers. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 3 C6. Gerry Nance of Fullerton, California talked about the oath of office just administered to the Planning Commissioner. He commented what this oath meant. He commented on the requirements of those wanting work at the day laborer site stating they must be authorized by the U.S. Government for employment. He referred to another law which authorizes a City or local government to enforce the law. He stated if Rancho Cucamonga does not take care of the day laborer problem that the President can lay siege and go in with the military and find any illegals in the City. C7. Dee Barrow stated she is here to back law enforcement and felt laws should be followed. She felt the City should do something about the day laborer problem so that laws are being obeyed. She felt Grove and Arrow is not being handled properly and felt there should be law and order. She felt people that are here illegally should be dealt with because that is the law. C8. Jim Frost stated Bass Pro was a joyous occasion this afternoon. He commented on the 23 year old Marine that was buried in Bakersfield that was killed in 1967 in Viet Nam from a helicopter accident. He felt our military should not be forgotten. C9. Jim Moffatt stated Pete Ortiz is a legacy in this City and wished he could stay. He stated he attended the Planning Commission meeting regarding the Strawberry Patch project. He did not agree with the actions and comments made by them. He felt all the Planning Commission was doing was reading from a script. He stated he is not against growth in the City, but is against amendments to the codes. He felt developers coming into the City should follow existing City codes; and if they do not, they should leave. C10. Richard Oliva stated he has lived in Rancho Cucamonga for 40 years. He stated he has renters next to him and that they are ruining their neighborhood. He showed pictures of trash and tents in their yards, and also had a record of how many times the Police Department has been called. He felt something illegal was going on at this house. He hoped the City would help this problem at 6611 Marine Avenue. D. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo stated all the issues brought up tonight will be addressed by the appropriate department, and didn't feel anyone should have to be harassed in the City. He was sure the City Manager would take care of this. Councilmember Gutierrez stated the Council has heard all of the comments and will try to right these situations. He asked James Markman, City Attorney, about painting the curbs red where the day laborers are. James Markman, City Attorney, stated if it is for safety purposes then it is okay, but if it is for the solicitation of work from the sidewalk that is not acceptable. He stated it is against the law to hire people that are here illegally. He stated a police officer observing anything illegal such as jaywalking, etc., should be giving tickets for these things. He said it is not probable cause to believe that someone being picked up to work is illegally here. Councilmember Gutierrez stated he wants people to know they have been trying to find solutions to the day laborer situation. He stated sometimes laws are complex and it is difficult to solve problems. Councilmember Michael stated these problems are complex and the City does the best they can. He asked the City Attorney to talk about medical marijuana dispensaries. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 4 James Markman, City Attorney, stated marijuana dispensaries are currently prohibited in Rancho Cucamonga for approximately two (2) years and three (3) months. He stated Rancho Cucamonga is currently following litigation in another City pertaining to this issue, and added the City is following this very closely. Mayor Pro Tem Williams felt we should keep pursuing legislation for this while we are in the moratorium. James Markman, City Attorney, stated they could provide an update to the Council about legislation pertaining to this. Councilmember Gutierrez asked that this come back to the Council at the first meeting in September for the City Attorney to provide the updated information. Councilmember Michael stated the voters previously voted for the legalization of the dispensaries, and felt it might have to go back to the voters to change this. E. CONSENT CALENDAR -REDEVELOPMENT AGENCY E1. Approval of Minutes: June 6, 2007 (Regular Meeting -Kurth absent) June 13, 2007 (Budget Workshop -Kurth absent) June 18, 2007 (Special Meeting -Organizational DevelopmentlTeam Building Review -Kurth absent) June 25, 2007 (Special Budget Meeting -Kurth absent) E2. Approval of Check Register dated June 13 through July 10, 2007, for the total amount of $1,523,490.17. E3. Approve to receive and file current Investment Schedule as of June 30, 2007. E4. Approval to award and execute a Professional Services Agreement with Withers Sandgren (RA 07-005), for the preparation of plans, specifications and cost estimates for landscape improvements per the Route 66 Foothill Boulevard Visual Improvement Plan within developed parkways from Grove Avenue to the bridge (also known as the Grove Avenue Activity Center) in the amount of $93,835.00 plus a 10% contingency in the amount of $9,380.00, to be funded from the 2004 Tax Allocation Bond Fund, Acct. No. 2660801-5650/1189660-0. E5. Approval to accept the improvements constructed by Standard Drywall, Inc., at the Victoria Gardens Cultural Center as complete, authorization to file a Notice of Completion for the improvements and authorization for the City Clerk to release the Faithful Performance Bond. RESOLUTION NO. RA 07-013 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY STANDARD DRYWALL INC., FOR THE VICTORIA GARDENS CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Kurth absent). Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 5 E. CONSENT CALENDAR -FIRE PROTECTION DISTRICT E6. Approval of Minutes: June 6, 2007 (Regular Meeting -Kurth absent) June 13, 2007 (Budget Workshop -Kurth absent) June 18, 2007 (Special Meeting -Organizational Development/Team Building -Kurth absent) June 25, 2007 (Special Budget Meeting -Kurth absent) E7. Approval of Check Register dated June 13 through July 10, 2007, for the total amount of $173,986.74. E8. Approval to receive and file current Investment Schedule as of June 30, 2007. E9. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-4 (EZE Trucking -APN: 0229-141-OS). RESOLUTION NO. FD 07-041 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. 07-4 E10. Approval to adopt a boundary map showing Parcel Numbers 0209-191-07, 08, 09, 10, 11 & 12 (Eighth Street Industrial), located on the south side of 8'h Street between Cottage Avenue and Belmont Avenue, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 07-042 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACINT AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-6) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 E11. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07-6 (APNs: 0209-192-07, 08, 09, 10, 11 & 12, Eighth Street Industrial), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 07-043 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. 07-6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Kurth absent). Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 6 E. CONSENT CALENDAR -CITY COUNCIL E12. Approval of Minutes: June 6, 2007 (Regular Meeting -Kurth absent) June 13, 2007 (Budget Workshop -Kurth absent) June 18, 2007 (Special Meeting -Organizational Developmentlream Building -Kurth absent) June 25, 2007 (Special Meeting -City Tour -Kurth absent) June 25, 2007 (Special Budget Meeting -Kurth absent) E13. Approval of Check Register dated June 13 through July 10, 2007, and payroll ending July 10, 2007, for the total amount of $12,099,591.60. E14. Approval to receive and file current Investment Schedule as of June 30, 2007. E15. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for the Alfreda Ward Malcof Greenbelt Project, to be funded from Acct. No. 1120305- 5650/133512-0. RESOLUTION NO. 07-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ALFREDA WARD MALOOF GREENBELT PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E16. Approval of the Community Services Department Update. E17. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2005-00704, located on the west side of Hellman Avenue 300 feet south of Arrow Route, submitted by KBARCO, LLC. RESOLUTION NO. 07-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2005- 00704 RESOLUTION NO. 07-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 38 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2005-00704 E18. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 18209 located on the southeast corner of Haven Avenue and Jersey Boulevard, submitted by Rock-Jersey, LLC. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 7 RESOLUTION NO. 07-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 18209 (TENTATIVE PARCEL MAP NO. 18209) RESOLUTION NO. 07-171 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 18209 E19. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 36 and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17423, located at the northeast corner of Haven Avenue and Trademark Parkway, submitted by CIP Gateway 1 & 2, LLC. RESOLUTION NO. 07-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17423, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 07-173 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 17423 E20. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 36 and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17594, located at the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by F & F, LLC. RESOLUTION NO. 07-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17594, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 07-175 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 17594 Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 8 E21. Approval for the City Manager to execute the Twenty-Second (22nd) Amendment to Contract No. 94-524 with the County of San Bernardino to provide law enforcement services to the City of Rancho Cucamonga for Fiscal Year 2007/08 in the amount of $25,313,632 as detailed in the attached Schedule A. E22. Approval of Professional Services Agreements with Dan Guerra & Associates (CO 07-113), Dawson Surveying, Inc. (CO 07-114), L.E.H. & Associates (CO 07-115) and Hall & Foreman (CO 07- 116), Inc., to provide annual survey services for FY 2007/2008, with an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, for proposed capital improvement projects throughout the city as approved in the budget, to be funded from various individual project accounts. E23. Approval to execute the Fourth Amendment to the agreement for business license services between HdL Software, LLC (CO 06-105), and the City of Rancho Cucamonga in the amount of $8,550 to implement the online web renewal module, and authorization to appropriate $18,200 in the following account numbers to provide funding for related software and contract services: $13,630 into Acct. No. 1714001-5152 (Software) and $4,570 into Acct. No. 1714001-5300 (Contract Services). E24. Approval of Professional Services Agreements with Krazan & Associates, Inc., (CO 07-117), Ninyo & Moore, CO 07-118), RMA Group (CO 07-119), and Leighton Consulting, Inc. (CO 07-120), to provide annual soils and materials testing services for FY 2007/2008, with an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, for proposed capital improvement projects throughout the city as approved in the budget, to be funded from various individual project accounts. E25. Approval of an agreement for special services between the City of Rancho Cucamonga and Liebert Cassidy Whitmore (CO 07-121) for legal services in the area of labor relations and employment law. E26. Approval of Improvement Agreement Extension for Tract 16226, located north of Day Creek Boulevard and west of Etiwanda Avenue, submitted by Rancho Estates at Etiwanda / AF 37, LLC. RESOLUTION NO. 07-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16226 E27. Approval of Improvement Agreement Extension for Tract 16262, located between Archibald Avenue and Klusman Avenue, approximately 427 feet north of the centerline of Hillside Road, submitted by Toll CA IV, L. P. RESOLUTION NO. 07-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16262 E28. Approval to accept Improvements, release the Faithful Pertormance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC2004-01125, located on the southwest corner of Foothill Boulevard and Milliken Avenue, submitted by Foothill & Milliken JP / PI, LLC. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 9 RESOLUTION NO. 07-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2004-01125 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E29. Approval to accept the Improvements, release the Faithful Performance bond and file a Notice of Completion for improvements for Parcel Map 16507 (DRC2004-00109), located on both Rochester Avenue and Boston Place, north of Jersey Boulevard, submitted by LC Rochester Avenue, LLC. RESOLUTION NO. 07-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16507 (DRC2004-00109) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E30. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16882 (storm drain improvements), located on the north side of Foothill Boulevard, east of Etiwanda Avenue, submitted by Lewis Investment Company, LLC. RESOLUTION NO. 07-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16882 (STORM DRAIN IMPROVEMENTS) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E31. Approval to release Faithful Performance Bond No. 8699625 in the amount of $1,063,948.00 for the Base Line Road Storm Drain Improvements and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue, Contract No. OS-031. E32. Approval to accept the Base Line Road Pavement Rehabilitation from west City limit to Carnelian Street, Contract No. 06-211, as complete, retain the Faithful Pertormance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $217,178.60. RESOLUTION NO. 07-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD PAVEMENT REHABILITATION FROM WEST CITY LIMIT TO CARNELIAN STREET, CONTRACT NO. 06-211, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E33. Approval to accept the Milliken Park and Kenyon Park Irrigation System Renovations, Contract No. 07-004 as complete, retain the Faithful Pertormance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $194,295.15. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 10 RESOLUTION NO. 07-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING MILLIKEN PARK AND KENYON PARK IRRIGATION SYSTEM RENOVATIONS, CONTRACT NO. 07-004, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E34. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion far improvements for Rancho Etiwanda, the Revised University Project (Day Creek Boulevard Traffic Signals), located on Day Creek Boulevard at Vintage Drive, Banyan Street and Wilson Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 07-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO ETIWANDA, THE REVISED UNIVERSITY PROJECT (DAY CREEK BOULEVARD TRAFFIC SIGNALS) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E35. Approval to appropriate $20,000 awarded by the National Endowment for the Arts into Library Expenditure Acct. No. 1301602. E36. Approval of an Urgency Resolution for the Heritage Park Emergency Sewer Retrofit and appropriate $145,000 to Acct. No. 10255001-5650 from Capital Reserve Fund balance. RESOLUTION NO. 07-184 (URGENCY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO PROCURE EQUIPMENT, SERVICES AND SUPPLIES WITHOUT PUBLIC BIDDING, IN ACCORDANCE WITH CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, DUE TO EMERGENCY CIRCUMSTANCES MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Kurth absent). F. CONSENT ORDINANCES F1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2007-00296 - CITY OF RANCHO CUCAMONGA - An amendment to Section 17.08.030E of the Development Code to establish regulations governing the operation of yard sales in the Residential Zones. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This item will be forwarded to the City Council for Final Action. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 11 ORDINANCE NO. 778 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00296, AMENDING SECTION 17.080.030E OF THE DEVELOPMENT CODE TO ESTABLISH REGULATIONS GOVERNING THE OPERATION OF YARD SALES IN THE RESIDENTIAL ZONES; AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk, read the title of Ordinance No. 778. MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Ordinance No. 778. Motion carried unanimously 4-0-1 (Kurth absent). G. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT '~ G1. OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD 07-044 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-5) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS A staff report was presented by Jack Lam, City Manager. Mayor Pro Tem Williams opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Spagnolo, seconded by Michael to approve Resolution No. FD 07-044. Motion carried unanimously 4-0-1 (Kurth absent). G. ADVERTISED PUBLIC HEARINGS '' CITY COUNCIL; No items submitted. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 12 . H. PUBLIC HEARINGS FIRE PROTECTION DISTRICT H1. CONSIDERATION TO ADOPT THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT GENERAL FUND FINAL BUDGET IN THE AMOUNT OF $20.849 940 FOR FISCAL YEAR 2007/2008 A staff report was presented by Jack Lam, City Manager. Councilmember Michael stated this has been legally advertised, and wanted to make that notation. Mayor Pro Tem Williams opened the meeting for public hearing. There being nc response, the public hearing was closed. MOTION: Moved by Spagnolo, seconded by Michael to approve the Fire Protection District's General Fund Budget for Fiscal Year 2007/08. Motion carried unanimously 4-0-1 (Kurth absent). °.. " T: CITY MANAGER'S STAFF REPORTS No items submitted. T. COUNCIL BUSINESS J1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo stated earlier in the evening Council attended the Bass Pro Store grand opening. He stated the City is pleased that they chose Rancho Cucamonga for their first store in California. He stated it was a great turn out and a great event. Councilmember Gutierrez agreed with Councilmember Spagnolo's comments. He congratulated Frances Howdyshell for her appointment to the Planning Commission, and also thanked Pete Ortiz for his service. Councilmember Michael commended the staff that has worked with Victoria Gardens on the mall and Bass Pro to get them in our City. He stated it is exciting to know they came to Rancho Cucamonga as the first California Bass Pro. Mayor Pro Tem Williams echoed comments made about Bass Pro. She stated last Friday at the Cultural Center there was a little jazz fest in the front courtyard area, and told how fun it was and added that it was free. She encouraged people to go to these types of events. She commended staff that put this together. J2. DISCUSSION OF A TEMPORARY SIGN ORDINANCE A staff report and power point were presented by Rina Leung, Senior Planner. Councilmember Gutierrez asked for clarification on size restrictions for signs. He asked if there could be one sign on a parcel per person or what is the rule. James Markman, City Attorney, stated it is one sign per person Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 13 Councilmember Michael asked why we are changing the timeframe to put up signs prior to the election James Markman, City Attorney, stated it is because voters are voting early through absentees, etc. Councilmember Gutierrez asked about the Terra Vista Town Center since that center that is divided with different streets. James Markman, City Attorney, stated it is to be one sign per parcel which Terra Vista is considered one parcel. It was further clarified that each parcel can have one sign per candidate. It was pointed out there could be signs at all four corners of Haven and Foothill with there being one sign from each candidate on each corner. Mayor Pro Tem Williams asked about the fairplex signs that are posted for their events. James Markman, City Attorney, stated the City contacted them to let them know our regulations about this. Mayor Pro Tem Williams felt we should clarify vehicle signs and what is allowed, so it is more explanatory in the Ordinance. James Troyer, Planning Director, stated they would reword this. Councilmember Gutierrez commented on having candidates sign something saying they will run a fair campaign and also have them agree about putting billboards up prior to the election. He also commented on the yard sale signs and the appropriate placement of these, stating they cannot go in the public right of way. Councilmember Michael felt the Ordinance should be more specific about political signs and not include everything into one category. He felt this was supposed to clean up the political sign issue at election time so there are not campaign sign wars. He felt this was important so everyone is on a level playing field. He felt we should require all candidates to sign something that they will follow the political sign regulations. He felt billboards should follow other sign regulations in the Ordinance. Councilmember Gutierrez felt the only way people will pay attention to this is through the administrative sign policy. Councilmember Michael stated again he felt everyone should sign something stating they will follow the regulations. ACTION: Direction was given to staff to proceed with this Ordinance through the Planning Commission first and go through the complete process. J3. UPDATE ON THE BANNING OF POLYSTYRENE FOAM A staff report was presented by Donna Vega, Management Aide. Councilmember Michael asked about a legislative bill regarding this. Donna Vega, Management Aide, stated there was a bill (AB 904) banning polystyrene. Councilmember Spagnolo stated several years ago the City approved an ordinance banning Chlorofluorocarbons. He stated some businesses have stopped using polystyrene. Councilmember Gutierrez stated he would like to hear more about Santa Monica's plan of banning polystyrene completely. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 14 Councilmember Michael felt the City should be the first one to start this and then move forward from there. He stated it would be a good idea for the state legislature to take a look at this too. Councilmember Spagnolo stated he would like for staff to move forward to develop an ordinance prohibiting styrofoam in all City facilities. Donna Vega, Management Aide, stated a resolution could be developed to accomplish this. ACTION: The Council concurred to move forward to develop the ~esdlution banning' polystyrene foam in City facilities. J4. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Williams commented the State still has not adopted their budget far fiscal year 2007/08. It is anticipated there shouldn't be any negative impacts at the local level. She added the most important issue the City has been tracking this year is related to infrastructure bonds passed last November. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING K1. Councilmember Michael stated he was concerned about handicapped parking spaces in the City. He talked about people that have placards to park in a handicapped space, but are ambulatory. He would like a report on handicap parking regulations and its abuse. K2. Councilmember Gutierrez wanted to make sure medical marijuana will be brought back at the September 5th meeting. K3. James Markman, City Attorney, hoped the Council will accept a confidential memo instead of placing it on the agenda pertaining to the pool matter because of potential litigation. L. RECESS TO SPECIAL CLOSED SESSION The meeting recessed to closed session at 9:34 p.m. M. CALL TO ORDER SPECIAL CLOSED SESSION The Rancho Cucamonga Redevelopment Agency/Fire Protection DistricUCity Council held a closed session on Wednesday, July 18, 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 9:45 p.m. by Vice ChairmanNice PresidenUMayor Pro Tem Diane Williams. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo and Vice ChairmanNice PresidenUMayor Pro Tem Diane Williams. Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 15 Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel; Linda D. Daniels, Redevelopment Director; John Gillison, Deputy City Manager/Administrative Services; and Fire Chief Peter Bryan. Absent was: Chairman/President/Mayor Donald J. Kurth, M.D.. N. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)- Vice ChairmanNice PresidenUMayor Pro Tem Williams announced the closed session items: N1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 TO DISCUSS A PROPOSAL BY NATIONAL COMMUNITY RENAISSANCE TO EXTEND AFFORDABILITY TERMS FOR PROPERTIES LOCATED AT 10244 ARROW ROUTE (MONTEREY VILLAGE APARTMENTS); 9181 FOOTHILL BOULEVARD (MOUNTAINSIDE APARTMENTS); 8837 GROVE AVENUE (RANCHO VERDE VILLAGE APARTMENTS); AND, 7127 ARCHIBALD AVENUE (SYCAMORE SPRINGS APARTMENTS); LINDA D. DANIELS, RDA DIRECTOR, AND NATIONAL CORE, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA N2. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, AND CHIEF PETER BRYAN OF THE FIRE PROTECTION DISTRICT, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -FIRE & CITY N3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 TO PROPERTY LOCATED AT 7089 ETIWANDA AVENUE (ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT); LINDA D. DANIELS, RDA DIRECTOR, AND JAMES TROYER, PLANNING DIRECTOR, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA N4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN HERMOSA AVENUE, AND CENTER AVENUE. LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA O. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. P. CONDUCT OF CLOSED SESSION - Closed session began at 9:45 p.m. Q. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District and City Council Minutes July 18, 2007 Page 16 R. ADJOURNMENT The closed session adjourned at 11:15 p.m. Res ~,e~ct~f(ulCl~yQsubmitted, ~~~' ~~. Debra J. Ada MC Assistant Secretary/Secretary/City Clerk Approved: August 15, 2007