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HomeMy WebLinkAbout2007/03/21 - MinutesMarch 21, 2007 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, March 21, 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 5:30 p.m. by Chairman Donald J. Kurth, M.D. Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman Diane Williams, and Chairman Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel; and Linda D. Daniels, Redevelopment Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman Kurth announced the closed session items: 81. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE; LINDA D. DANIELS, RDA DIRECTOR, AND NORTHTOWN HOUSING DEVELOPMENT CORPORATION, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HERMOSA AVENUE, LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY- RDA B3. 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 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 5:30 p.m. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 2 E. CITY MANAGER ANNOUNCEMENTS AND REPORTS F. RECESS The closed session adjourned at 6:47 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, March 21, 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 7:03 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem Diane Williams (left the meeting at 9:00 p.m.) and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Management Analyst III; Lorraine Phong, Sr. Information Systems Analyst; Mike Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Larry Henderson, Principal Planner; Mike Diaz, Sr. Planner; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III; Ryan Samples, Community Services Supervisor; Deborah Clark, Library Director; Michelle Perera, Library Services Manager; Cara Vera, Reference Services Coordinator; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan and Fire Prevention Specialist Kelley Donaldson, Rancho Cucamonga Fire Protection District; 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 to the American Cancer Society in recognition of their Relay for Life. The Proclamation was presented to Cindy Runge, Events Chair, and volunteers with the American Heart Association, who talked about their upcoming event to be held April 28 - 29 at 9:00 a.m. at Los Osos High School. Mayor Kurth and the City Council presented the Proclamation and encouraged everyone to participate in this event. H2. Presentation of a Proclamation to Margaret Kerrigen in recognition of her being named the 2006/07 Outstanding School Crossing Guard of the Year. Janice Clayton, Rancho Cucamonga Police Department, and Gary Rush, All City Management Services, commented on Margaret Kerrigen and her efforts. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 3 Mayor Kurth and the City Council presented the Proclamation. H3. Presentation of a Proclamation in recognition of March as Red Cross Month. Mayor Kurth and the City Council presented the Proclamation. H4. Presentation of a Lifesaving Citation to 7-year old Austin Diano in special recognition of his heroic efforts in calling 911 and caring for his mother prior to the arrival of emergency medical personnel. Captain David Larkin told about the incident and what Austin Diano did to save his mother. Chief Bryan introduced the Diano family and also Austin's teacher. A plaque was presented to him by the Mayor and Council. H5. Presentation of Freedom Quilt created during Black History Cultural Night at the Biane Library. Cara Vera, Reference Services Coordinator, and Michelle Perera, Library Services Manager, presented the Council with the quilt, and talked about the event. The Council concurred it was a great event. H6. Presentation from Wal-Mart of a monetary donation for the Fire District's Public Education Programs. John Atalig, Wal-Mart Store Manager, presented Fire Chief Bryan and Fire Prevention Specialist Donaldson with a check in the amount of $3,000 for their education fund to educate the public about fire safety. L PUBLIC COMMUNICATIONS 11. Jim Frost mentioned the American Cancer Society and how important it is not to smoke. He mentioned Glenn Rankin and Herman Rempel (who recently passed away). He stated Mr. Rankin was on the Advisory Committee many years ago. He stated Mr. Rempel helped with the efforts of incorporating the City and also served on the first Planning Commission. He told about their history with the City, and stated both of these men will be missed. 12. Raymond Herrera with Minuteman Project asked for a conference with the Council to discuss the issue of illegal immigration. He stated they are organizing a patriotic, rally in the City to be held March 31 because of a day laborer site that is in the City. Mayor Kurth asked staff if we have aCity-sponsored day laborer site in Rancho Cucamonga. Jack Lam, City Manager, stated we did at one time, but that it has now closed. Mr. Herrera stated there is one at Grove and Arrow. 13. Greg Acker of Lee Wise Garage stated there are day laborers at Grove and Arrow, and that he does call the Police Department because of the people congregating at this location. He felt it is hurting his business. He showed pictures of the activity going on at this location. He wished the Council would do something to prevent this from happening because it is affecting his business. He stated the Police Department says they can't do much to stop it. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 4 14. Robin Hvidston, Minuteman Project, stated they will be putting on a Patriotic Rally at 8114 Arrow Route on March 31st from 8:00 - 11:00 a.m. and asked everyone to join this. She talked about all the day laborers that are congregating at this location. She asked the Council to stand with them to encourage employers not to hire these day laborers. 15. Howard Geivett of Lee Wise Garage stated they have been dealing with the day laborer problem for several years and that he has tried to deal with this in many ways. He felt one of the worse areas for day laborers is at his driveway at the corner of Grove and Arrow Route. He stated he supported the Minuteman Patriots. He felt the Minutemen should try to change the laws through the courts. Mayor Kurth stated we are limited to what we can do at the local level. He stated he, Councilmember Spagnolo, City Manager Jack Lam and Management Analyst Kimberly Thomas went to Washington, D.C. to try to get some help at the federal level. He stated there was a televised interview with Congressman David Dreier that will be shown on public television in the near future. 16. Jim Moffatt wanted to talk about ordinances and zoning and felt people that want to build should do things within the parameters already set, and made reference to the Strawberry Patch Project. He did not feel City regulations should be changed in order to be able to build. He felt they should have to abide by City regulations. He referred to a letter from RBF Consulting stating they felt there will be 17 children that will be going to schools from this project. 17. Lou Mackall stated his Grandfather is the original owner of the Foothill and Grove property (Strawberry Patch property). He felt the proposed project for this location is awesome and felt his parents would be very proud of what it looks like. He stated he wouldn't mind living in one of these condos. He stated his brother had previously signed a petition against the project, but will be coming to the City to have his named removed because he is now in favor of this project. He asked this project be approved. 18. Michelle Rey stated she is right on the border of Rancho Cucamonga and Upland and is not in favor of the proposed Victoria Arbors project (Strawberry Patch). She did not feel the project was right for this location. She urged the Council to look at this proposal and not let them continue with it until traffic, impacts to schools, and safety issues are looked at. She tell the density should be lessened and more entrances and exits planned. They did not want their neighborhoods overwhelmed. 19. Pat Banburger from Red Hill Country Club Drive mentioned previous comments made by Peter Bachman regarding the Arbors at Route 66 project (Strawberry Patch) where he indicated the process he has gone through to obtain approval for his project. She asked the Council not to approve this project just because Mr. Bachman has gone "through the process." 110. Peter Bachman, one of the developers of the Arbors at Route 66 project, told about the neighborhood meetings they have had and also returning phone calls. He stated they are looking at all the points of view and trying to address their concerns. He stated they appreciate the opportunity to work in the City. 111. Terri Smith stated she has asked that the CUP for Hillside Community Church be reviewed and has been working with James Troyer, Planning Director. She stated the church is disturbing all the neighbors because of their outdoor sporting events. She stated Code Enforcement is not working during the church's events, and that nothing is getting done to help them. She asked what can be done to solve this public nuisance problem. She stated the neighbors are frustrated with the noise issues and are asking for help. Jack Lam, City Manager, stated Mr. Troyer is aware of the problem and that the noise levels will be checked. James Markman, City Attorney, stated this is a very complex issue for the City to enforce. He stated there have been many meetings about the church's activities which they consider to be part of their ministry, which they feel are not subject to the City's regulations and zoning laws from the time they put Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 5 lights on their fields. He stated the neighbors that are complaining about this can pay for their own attorney. Ms. Smith suggested they take some of their sporting activities offsite to help with this problem. Mayor Kurth suggested she work with Mr. Markman and be open to some of his suggestions. 112. Ed and Georgina Hills and son, Alec, stated they have lived in the Vintage Highlands area for many years. He stated they are having a problem with traffic on their street and felt drugs are being sold on their cul-de-sac. He added people in their neighborhood have witnessed drug sales occurring. He stated they have developed a neighborhood watch program to make things safer. He stated in working with the Sheriff's Department he was made aware of the ease in which a teenager has access to marijuana. He stated Proposition 215 passed in 1996 provides a legal avenue for people to possess and use marijuana. He felt this has handicapped law enforcement from preventing crimes surrounding drug use. He stated this law has made it very easy for someone to purchase marijuana. He felt the Council can make changes and would welcome meeting with them on ideas to make things better. 113. Jeftrey Laiblin, teacher at Colonies High School, stated he watched the special meeting regarding the shooting that took place at the Cultural Center. He stated their high school had their homecoming event at Celebration Hall. He stated what happened last week at the Cultural Center was appalling, but did not think age was the problem. He offered his help in designing policy for this facility. He did not feel his students should be shut out of this facility or anyone under 25 years. He stated this event was a party that the City got taken advantage of. He stated again that age had nothing to do with what happened there. Mayor Kurth read a statement about what happened at the shooting incident that occurred last week at Celebration Hall. He talked about the special meeting held earlier today and the policies/procedures that were approved by the Council. He said the Council is concerned and wants Victoria Gardens to be safe so people feel comfortable there. 114. Don Richardson representing the Rancho Cucamonga Fire Safe Council commented on item 7 of the Fire District's Consent Calendar. He stated they are pleased that they can make this contribution and mentioned the importance of the smoke detectors. Councilmember Michael said he would like to recognize the Fire Safe Council at a Council meeting in the future for their efforts. 115. Terry Masl, Inland Valley Democratic Club, invited the Council to one of their meetings. He stated most cities pay for banners recognizing the military, and did not feel family members of military should have to pay for their own banner. He said they would be happy to help pay for banners for families that can't afford them. He stated his organization has been protesting the war on street corners and asked people to watch what they say and do because of the children. He stated they will be having an event on March 25th at 2:00 p.m. at Red Hill Park. 116. John Lyons didn't think people should be protesting in front of the Mayor's house as was threatened earlier during public comments. 117. Jerie Lee stated they will be celebrating Chris Hodnick's birthday on Friday from 9:00 a.m. - 2:00 p.m., and asked the Council to join them. She stated she feels very safe at Victoria Gardens and stated everyone is handling this very well. She stated she agreed with the action the Council took earlier and felt schools should be allowed to use Celebration Hall. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 6 ,]. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Michael stated staff does have flexibility in what kinds of events are appropriate at the Cultural Center and didn't want the previous speaker to get the wrong idea. Mayor Pro Tem Williams stated there does need to be flexibility, but there also needs to be regulations in place. She felt Mr. Laiblin's school is lucky to have him as a teacher. Councilmember Spagnolo stated the Victoria Gardens incident was an unfortunate thing and that the Council is trying to eliminate the loop holes in the policy so the City is safer. He stated with regards to the Hillside Church, he felt the parking situation should be looked at. Councilmember Gutierrez stated he regrets the day laborer speakers leave before the Council can speak about this. He stated the Council is doing a lot to help this situation. He stated he agrees it does have to stop. He stated this problem is happening in many cities and is a federal issue. He stated it is a very complex issue. He stated he was very impressed with Mr. Hills talking about his neighborhood. He hated to see his kids exposed to what is going on there. He appreciated the gentleman from Colonies High School. He definitely felt proms should be handled differently. He appreciated all the comments made. Councilmember Spagnolo felt the comments made about military banners should be discussed ai the next meeting to discuss changing this. Mayor Kurth stated some of the issues brought up are way beyond the Council's authority. He commented on Ed Hills' comments about the use of marijuana. He hoped the Council will vote to put a moratorium on the use of medical marijuana. $. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: February 21, 2007. K2. Approval of Check Register dated February 28 through March 13, 2007, for the total amount of $736,356.37. K3. Approve to receive and file current Investment Schedule as of February 28, 2007. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the items listed on the Consent Calendar. Motion carried unanimously 5-0. Mayor Pro Tem Williams left the meeting at 9:00 p.m. due to a family emergency. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 7 K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K4. Approval of Minutes: February 21, 2007 K5. Approval of Check Register dated February 28 through March 13, 2007, for the total amount of $97,096.69. K6. Approval to receive and file current Investment Schedule as of February 28, 2007. K7. Approval to receive a donation in the amount of $700.00 from the Fire Safe Council far the purchase of smoke alarms to be made available to low income residents and senior citizens. K8. Approval to appropriate $23,043.83 from Fire District Paramedic Equipment Replacement Reserve Funds into Acct. No. 3281509-5207 (O&M/Capital Supplies) for the purchase of eighteen (18) EZ-10 Intraosseous Infusion Systems from Pacific Biomedical Equipment, Inc., an affiliate of IPV Medical, LLC, a sole source vendor. CORRECTED TITLE K9. Approval to adopt a boundary map showing parcel number 0228-011-31 & 0228-011-38 (Bruno RV Storage), located at the southwest corner of the 210 Freeway and I-15 Interchange, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 07-011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-2) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K10. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07-2 (APN: 0228-011-31 & 38, Bruno RV Storage), 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 07-012 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. 07-2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K11. Approval to adopt a boundary map showing parcel number 0207-222-OS (The Grove Plaza), located at 8517 Grove Avenue, to be annexed into CFD No. 85-1. RESOLUTION NO. FD 07-013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-3) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 8 K12. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07-3 (APN: 0207-222-05, The Grove Plaza), 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 07-014 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. 07-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K13. Approval to adopt a boundary map showing property within SUBTT18305 (Oasis Homes), located on the southwest corner of Vista Grove St. and Hermosa Ave., to be annexed into CFD No. 88-1. RESOLUTION NO. FD 07-015 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. 88-1, ADOPTING A BOUNDARY MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 K14. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88-07-1 (SUBTT18305; Oasis Homes), into Community Facilities District No. 88-1, 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 07-016 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. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 MOTION: Moved by Michael, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar as corrected. Motion carried unanimously 4-0-1 (Williams absent). K. CONSENT CALENDAR -CITY COUNCIL K15. Approval of Minutes: February 21, 2007 K16. Approval of Check Register dated February 28 through March 13, 2007, and payroll ending March 13, 2007, for the total amount of $4,120,595.52. K17. Approval to receive and file current Investment Schedule as of February 28, 2007. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 9 K18. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Banyan Street Pavement Rehabilitation from Sapphire Street to Carnelian Street, to be funded from Acct. No. 1176303-5650/1517176-0 (Measure "I" Funds). RESOLUTION NO. 07-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BANYAN STREET PAVEMENT REHABILITATION FROM SAPPHIRE STREET TO CARNELIAN STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K19. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Carnelian Street Pavement Rehabilitation from Wilson Avenue to Almond Street,. to be funded from Acct. No. 1176303-5650/1589176-0 (Measure "I" Funds). RESOLUTION NO. 07-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CARNELIAN STREET PAVEMENT REHABILITATION FROM WILSON AVENUE TO ALMOND STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K20. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Rancho Cucamonga Municipal Utility Substation Fencing and Pavement Rehabilitation, to be funded from Acct. No. 1 705 303-5 6 50/1 4 90705-0 (Municipal Fund). RESOLUTION NO. 07-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RANCHO CUCAMONGA MUNICIPAL UTILITY SUBSTATION FENCING AND PAVEMENT REHABILITATION IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K21. Approval for the purchase of eighteen (18) miscellaneous Ford vehicles from Raceway Ford of Riverside, California as follows: Seventeen (17) for a total of $417,581.14 from Acct. No. 1712001-5604 (Vehicle Replacement Fund) and one (1) for a total of $26,162.91 from Acct. No. 1133303-5604 (LMD 3b) as approved in the FY 06/07 budget. K22. Approval of the Parks, Recreation Facilities and Community Services Update. K23. Approval of Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, located on the west side of Hellman Avenue, north of Banyan at 9216 Cottonwood Way, submitted by Enrique S. Montes and Veronica Montes. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 10 RESOLUTION NO. 07-061 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 9216 COTTONWOOD WAY (APN: 1062-111-08) K24. Approval of the Resolutions approving and confirming the Engineer's report and setting of Public Hearing for May 16, 2007, to levy the annual assessments for Fiscal Year 2007/2008 for Landscape Maintenance District Nos. 1, 2, 3A, 36, 4, 5, 6, 7, 8, 9 and 10. No increase of assessment rate is proposed for Landscape Maintenance District No. 1, 2, 3A, 3B, 4, 5, 6, 7 and 8. Annual Consumer Price Index rate adjustment proposed for assessment rate associated with Landscape Maintenance District No. 9 and 10. RESOLUTION NO. 07-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 36, 4, 5, 6, 7, 8, 9 AND 10. NO INCREASE OF ASSESSMENT RATE PROPOSED FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8. ANNUAL CONSUMER PRICE INDEX RATE ADJUSTMENT PROPOSED FOR ASSESSMENT RATE ASSOCIATED WITH LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND 10 RESOLUTION NO. 07-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2007/2008 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO K25. Approval of the Resolutions approving and confirming the Engineer's report and setting of Public Hearing for May 16, 2007, to levy the annual assessments for Fiscal Year 2007/2008 for Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8. No increase of assessment rate is proposed. RESOLUTION NO. 07-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED. RESOLUTION NO. 07-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2007/2008 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 11 K26. Approval of the Resolutions approving and confirming the Engineer's report and setting of Public Hearing for May 16, 2007, to levy the annual assessments for Fiscal Year 2007/2008 for the Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 07-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED. RESOLUTION NO. 07-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2007/2008 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO K27. Approval of a request to Summarily Vacate Excess Street Right-of-Way located on Hyssop Drive, from approximately 680 feet to 1000 feet north of 6'" Street, V-206, APN: 229.271-35. RESOLUTION NO. 07-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF HYSSOP DRIVE FROM APPROXIMATELY 680 FEET TO 1000 FEET NORTH OF 6T" STREET, V-206. APN: 229-271-35 K28. Approval of a request to Summarily Vacate Excess Street Right-of-Way located on 8'h Street, south of the A.T. and S.F. Railroad and east of the I-15 Freeway rights-of-way, V207, APN: 229-271-43. RESOLUTION NO. 07-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF EIGHTH STREET SOUTH OF THE A.T. AND S. F. RAILROAD AND EAST OF THE INTERSTATE 15 FREEWAY RIGHTS-OF-WAY (V-207) K29. Approval to release Maintenance Guarantee Bond No. N0558981 P in the amount of $109,771.51 for the Foothill Boulevard Storm Drain Improvements from Ramona Avenue to Hermosa Avenue, Contract No. 05-059. K30. Approval of a Reimbursement Agreement, SRA-41(CO 07-018), to establish contribution in lieu of construction amounts for circulation improvements in Rancho Etiwanda area, located on both sides of Day Creek Boulevard north of the 210 Freeway, submitted by Rancho Etiwanda 685, LLC. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 12 RESOLUTION NO. 07-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT TO ESTABLISH CONTRIBUTION IN LIEU OF CONSTRUCTION AMOUNTS FOR CIRCULATION IMPROVEMENTS IN THE RANCHO ETIWANDA AREA, SRA-41 K31. Approval of a Master Plan Transportation Facility Reimbursement Agreement, SRA-52 (CO 07-032, for construction of north side of Jack Benny Drive fronting the Southern California Edison easement in connection with development of DRC2003-00732, submitted by the Bates Company. RESOLUTION NO. 07-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT (SRA-52) FOR CONSTRUCTION OF NORTH SIDE OF JACK BENNY DRIVE FRONTING THE SOUTHERN CALIFORNIA EDISON EASEMENT K32. Approval of a Master Plan Transportation Facility Reimbursement Agreement, SRA-51 (CO 07-033), for construction of south side of Jack Benny Drive fronting the Southern California Edison easement in connection with Development of DRC2003-00732, submitted by the Bates Company. RESOLUTION NO. 07-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT (SRA-51) FOR CONSTRUCTION OF SOUTH SIDE OF JACK BENNY DRIVE FRONTING THE SOUTHERN CALIFORNIA EDISON EASEMENT K33. Approval to execute a Program Supplement Agreement for the Emergency Opening of Banyan Avenue (Summit Avenue) at the Etiwanda Creek crossing, authorizing the Mayor to execute the agreement and directing the City Clerk to attest thereto. RESOLUTION NO. 07-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT FOR THE EMERGENCY OPENING OF BANYAN AVNUE (SUMMIT AVENUE) AT THE ETIWANDA CREEK CROSSING AND DIRECTING THE CITY CLERK TO ATTEST THERETO K34. Approval to accept bids received and award and authorize the execution of the contract in the amount of $63,557 to the apparent low bidder, J & S Striping Company (CO 07-034), and authorize the expenditure of a 10% contingency in the amount of $6,355 for the Citywide Street Name Sign Replacement Phase 5, to be funded from 1025001-5300, and appropriate $9,912 to Acct. No. 1025001- 5300from the Capital Reserve Fund balance. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 13 K35. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $495,882.50 to the apparent low bidder, Silva Construction, Inc. (CO 07-035), and authorize the expenditure of a 10% contingency in the amount of $49,588.25 for the Archibald Avenue Pavement Rehabilitation from Banyan Street to Hillside Road and Wilson Avenue Widening and Pavement Rehabilitation from Amethyst Avenue to Archibald Avenue, to be funded from Measure "I" funds, Acct. No. 1176303-5650/1587176-0 and Gas Tax/ Proposition 2106 funds, Acct. No. 1172303-5650/1586172-0 and appropriate an additional amount of $65,000 to Acct. No. 1 1 76303-565 0/1 5871 76-0 from Measure "I" fund balance. K36. Approval to accept a Maintenance Bond for improvements for Tract 14759-1 Park "A" located east of Wardman Bullock Road and south of Wilson Avenue, submitted by Pulte Home Corporation. K37. Approval to accept improvements, retain $1,790.00 of the Faithful Performance cash deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2005-00086, located at 9300 Santa Anita Avenue, north of 4'" Street, submitted by Trico TCH, Ltd. RESOLUTION NO. 07-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2005-00086 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K38. Approval to release Maintenance Guarantee Bond for Parcel Map 16282, located on the northeast corner of Milliken Avenue and 4`" Street, submitted by Marketplace Covina, L.P. K39. Approval to release Maintenance Guarantee Bond for Tract 16512, located on the northeast corner of Milliken Avenue and Church Street, submitted by KB Home Greater Los Angeles, Inc. K40. Approval to release Maintenance Guarantee Bond for Rancho Etiwanda Park, located at 12350 Banyan Street, on the northeast corner of Banyan Street and Day Creek Boulevard, submitted by Rancho Etiwanda 685, LLC. K41. Approval to release Maintenance Guarantee Bond for Rancho Etiwanda Revised University Project (CO 01-074) (John L. Golden Elementary, formerly University Elementary, School Frontage), located at the northwest corner of Banyan (formerly Summit) and Blue Grass (formerly Hanley), submitted by Rancho Etiwanda 685, LLC. K42. Approval to release Faithful Performance Bond No. 2165403 in the amount of $119,762.00 for the Lake Pump Equipment Vault at Red Hill Community Park Improvement Project, Contract No. 05-049. MOTION: Moved by Gutierrez, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Williams absent). L. CONSENT ORDINANCES L1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2005-01008 -CHARLES JOSEPH ASSOCIATES - A request to change the Development District from Industrial Park (Subarea 7), to General Commercial (to reflect the current General Plan Designation of General Commercial), located at the southeast corner of Foothill Boulevard and Rochester Avenue - APN: 0229-021-31 and 32. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 14 ORDINANCE NO. 773 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-01008, CHARLES JOSEPH ASSOCIATES - A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT FROM INDUSTRIAL PARK (SUBAREA 7), TO GENERAL COMMERCIAL (TO REFLECT THE CURRENT GENERAL PLAN DESIGNATION OF GENERAL COMMERCIAL), LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE, APN: 0229- 021-31 AND 32; AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk read the title of Ordinance No. 773. MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Ordinance No. 773. Motion carried unanimously 4-0-1 (Williams absent). L2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 7.02 OF TITLE 7 OF THE MUNICIPAL CODE BY ADDING NEW SECTIONS 7.02.050 AND 7.02.060 RELATING TO PEG SUPPORT FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES ORDINANCE NO. 774 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 7.02 OF TITLE 7 OF THE MUNICIPAL CODE BY ADDING NEW SECTIONS 7.02.050 AND 7.02.060 RELATING TO PEG SUPPORT FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Ordinance No. 774. Motion carried unanimously 4-0-1 (Williams absent). M. ADVERTISED PUBLIC HEARINGS FIRE' PROTECTION DISTRICT RESOLUTION NO. FD 07-017 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-1) 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 Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 15 A staff report was presented by Fire Chief Peter Bryan. President Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. FD 07-017. Motion carried unanimously 4-0-1 (Williams absent). N. PUBLIC HEARINGS N1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS ORDINANCE NO. 775 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS A staff report was presented by Jon Gillespie, Traffic Engineer. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 775. MOTION: Moved by Michael, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 775 for the April 4, 2007 meeting. Motion carried unanimously 4-0-1 (Williams absent). N2. CONSIDERATION OF AN INTERIM ORDINANCE PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN ALL LAND USE ZONES W ITHIN THE CITY OF RANCHO CUCAMONGA ORDINANCE NO. 776 (URGENCY) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS THEREFORE, AND DECLARING THE URGENCY THEREOF A staff report was presented by Mike Diaz, Sr. Planner. Councilmember Spagnolo asked how this fits in with the State law that allows this. James Markman, City Attorney, stated this was an initiative that was approved by the voters. He stated when this was approved, it didn't speak to or relieve any of these uses from zoning control. He stated there has been mounting evidence that the operation of these dispensaries are generating crime in secondary effects. He stated this Ordinance will preclude the use until we know where to put these within the City. He stated same cities have made a decision not to allow the dispensaries. He stated he would prefer to watch the lawsuits filed before we make our decision not to allow these uses. He stated Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 16 this is being brought to the Council at the Mayor's request and is an Urgency Ordinance. He added if this is adopted, this whole process could take up to one year to complete. Mayor Kurth stated he is an addiction physician. He stated as a physician, he has not seen enough evidence to feel marijuana can help someone. He felt rather than get caught up with this complicated matter, we should allow our City Attorney some time to draft an ordinance to come up with what is right. Mayor Kurth opened the meeting for public hearing. Addressing the City Council was Ed Hills stated what he hears is that Mayor Kurth is not sure that medical marijuana can help anyone. He asked what info did the voters have to pass this in the first,place,other, than seeing signs posted. He stated he is concerned about children and hoped this Board will champion change against this. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 776. MOTION: Moved by Michael, seconded by Gutierrez to waive full reading and approve Urgency Ordinance No. 776. Motion carried unanimously 4-0-1 (Williams absent). O. CITY MANAGER'S STAFF REPORTS 01. Approval for award and authorize the execution of a Professional Services Agreement in the amount of $295,000 with Katz, Okitsu and Associates (CO 07-036), and authorize the expenditure of a 10% contingency in the amount of $29,500 for the preparation of a strategic plan for relieving traffic congestion and signal synchronization in the City of Rancho Cucamonga, to be funded from Transportation Funds, Acct. No. 1124303-5300/1638124. A power point presentation (which is on file in the City Clerk's office) was given by Jon Gillespie, Traffic Engineer. Councilmember Spagnolo thanked staff for thinking ahead and having aback-up plan. Councilmember Gutierrez asked if it was possible to be at the top of a hill and see a line of green lights down across the City so that you don't have to stop at so many lights. Jon Gillespie, Traffic Engineer, stated that is the goal. Councilmember Gutierrez asked for clarification from Mr. Gillespie about the "parking by permit" that he referred to. Jon Gillespie, Traffic Engineer, stated staff will be working with the subcommittee and then bringing it to the Council for input about this and how to develop a program. Councilmember Gutierrez mentioned the usage of speed bumps and felt it might be able to help some neighborhoods. Jack Lam, City Manager, stated there will be a strategic plan developed by the consultant with options for the Council to consider. He stated the implementation of the programs are costly. Councilmember Michael stated this is something he has waited for a long time and felt the Council agreed. He stated he is looking forward to the study. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 17 Mayor Kurth felt this would hopefully make life better for our residents. MOTION: Moved by Spagnolo, seconded by Michael to approve CO 07-036. Motion carried unanimously 4-0-1 (Williams absent). P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS Councilmember Spagnolo asked again that the banner policy come back on the next agenda Councilmember Michael stated with regard to Mr. Hill and the use or sale of marijuana, he encouraged him to see Chief Ortiz and felt he could help him in his neighborhood. He stated he went to New Orleans this past week. He commented on their Fire Department's recovery plan and their after action plan. He stated this month is Red Cross Month as was recognized earlier, and stated they helped the New Orleans' residents out a lot during the Katrina disaster. He commended Community Services staff and the Police Department for their prompt attention to the incident that occurred on March 9th at the Cultural Center. He hoped this will not happen again. Councilmember Gutierrez stated this City is very successful, but does at times have issues. He thanked staff for helping with the things that do came up. He stated he is proud to be part of the Council. Mayor Kurth stated marijuana smoking is a much bigger problem than people realize. He mentioned a letter he got from Alex Villatov, a loyal citizen of the City, and stated he wrote the letter for extra credit in school. He stated in his letter that he felt it was sometimes boring in the City and he also felt the mall was on the snooty side. He felt there should be a paint ball facility so the Governor would visit the City. Mayor Kurth mentioned the Teen Center where kids can go for activities. He mentioned his trip to Washington, D.C. and that they talked to legislators about illegal immigration, and tried to get the remainder of the funding for the I-15 Base Line Interchange. He said it was a good opportunity to interact with our legislators. P2. UPDATE ON THE USE OF WELLNESS PASS (SENIOR EXERCISE ROOM) AT THE JAMES L. BRULTE SENIOR CENTER. Jack Lam, City Manager, stated this will come back at a future meeting after all parties involved have worked on favorable solution. P3. LEGISLATIVE UPDATE (Oral) No update was given. Q. IDENTIFICATION OF ITEMS FOR NEXT' MEETING See Councilmember Spagnolo's comments from above about the City's street banner program. Redevelopment Agency, Fire Protection District and City Council Minutes March 21, 2007 Page 18 R. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Michael to adjourn. The meeting adjourned in memory of Glenn Rankin as mentioned above by Jim Frost. Motion carried unanimously 4-0-1 (Williams absent). The meeting adjourned at 9:46 p.m. Respectfully ubmitte~d~, ~~,, ebra J. Ad s, CMC Assistant Secretary/Secretary/City Clerk Approved: May 2, 2007