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HomeMy WebLinkAbout2008/02/06 - MinutesFebruary 6, 2008 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, February 6, 2008, 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 PresidenUMayor Donald J. Kurth, M.D. Present were Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, and PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; and John Gillison, Deputy City Manager/Administrative Services. Absent was: Vice PresidenUMayor Pro Tem L. Dennis Michael B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) PresidenUMayor Kurth announced the closed session items: B1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION, A SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 (1 CASE CONCERNING A CLAIM FILED BY PATRICIA SKINNER) -City B2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -STEVE KILMER V CITY OF RANCHO CUCAMONGA & STEVE TAYLOR; CASE NUMBER RCV 074142 -City/Fire 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 5:35 p.m. E. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 2 F. RECESS The closed session adjourned at 6:40 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, February 6, 2008, 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 7:05 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, 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; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley, Management Analyst II; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; Sandra Ramirez, Management Analyst III; Sid Siphomsay, Information Services Analyst I; Jose Ramirez, Information Services Specialist I; Mahdi Aluzri, Deputy City Manager/Community DevelopmenUlnterim City Engineer; Jerry Dyer, Sr. Civil Engineer; Mike TenEyck, Utility Operations Manager; James Troyer, Planning Director; Larry Henderson, Principal Planner; Candyce Burnett, Senior Planner; Mike Smith, Associate Planner; Kevin McArdle, Community Services Director; Deborah Clark, Library Director; Captain Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. Absent was: Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Certificate of Recognition acknowledging "Miss Rodeo California 2008" -Miss Maegan Ridley- representing the Alta Loma Riding Club and the City of Rancho Cucamonga. The Certificate of Recognition was presented to Maegan Ridley by Mayor Kurth and the City Council. Ms. Ridley thanked the Alta Loma Riding Club and the City Council for their support. Carol Douglas stated they are very proud that Maegan is representing Rancho Cucamonga, and that it is good publicity for the City. Ms. Ridley presented a video, which is on file in the City Clerk's office. She also mentioned an equestrian event to take place this Sunday at Heritage Park. H2. Presentation by the Inland Empire Resource Conservation District regarding public outreach efforts. Jennifer Ares, IERCD District Manager, told about the Inland Empire Resource Conservation District and their outreach efforts. She gave a power point presentation, which is on file in the City Clerk's office. She introduced Cheryl Karns and Paul Williams who are Boardmembers. Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 3 Councilmember Williams asked her to talk about their tree replacement program to help cities Ms. Ares stated they would assist the City with this effort by working through the AOMD. H3. Announcement regarding "Spay Day USA," promoting the benefits of spaying and neutering for pets and providing a financial incentive. Joe Pulcinella, Animal Services Director, accompanied by a dog named Leo, were present to talk about Spay Day USA 2008. A power point presentation with information about the program is on file in the City Clerk's office. He told about the importance of spaying and neutering. L PUBLIC COMMUNICATIONS J1. Jim Frost talked about the Run for the Wall event to occur over the Memorial Day holiday and showed a DVD regarding this. He stated he would be back at the next meeting to provide more information. J2. Jerie Lee told about her bypass surgery that occurred in October and then how she fell on her driveway in January. She stated she was very appreciative of the efforts of the Fire Department because she had a broken hip. She thanked the Fire Department for what they did to help her. She encouraged all seniors to use the wellness center to stay fit. She also thanked City Maintenance for repairing the sidewalk in front of her house to make it safer. She again thanked the Fire Department, all the City workers and also the City Council for what they do for the City. J3. Jim Moffatt wanted to talk to the Council about the Smoking Ordinance that was on the agenda for second reading tonight. He felt it was taking away the rights of Americans and that smokers have the right to smoke. He stated he has never heard anyone complain about smokers on City property. J4. Amber Starbuck, Public Affairs Manager with Southern California Gas Company, offered her assistance if the City needs any help. She stated she is happy to be the liaison with any type of gas company issues the City has. She stated if people need assistance they can go to www.socalgas.com or call (800) 427-2200. J5. John Lyons thanked Councilmember Gutierrez for hosting the Mitt Romney headquarters. He stated between Milliken and Rochester there is a bridge that goes over Day Creek Channel and that he saw a coyote. He mentioned the Graffiti Ordinance recently approved, and didn't feel anyone under 18 that gets caught for the first time spraying graffiti should be charged with a felony. He felt the first offense should not be as harsh. He mentioned the 241 Toll Road and felt it should be made into a double decked road. He stated he likes the new bike trail. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo thanked Jim Frost for his dedication to the Run for the Wall event. He agreed with Jerie Lee that people should carry their cell phones in case they have an emergency. He stated there is a special number to call for police and fire for emergencies which can be obtained from the Fire Department. He asked if our Graffiti Ordinance enforces first time offender felony charges. James Markman, City Attorney, stated the Council cannot actually dictate this Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 4 Mahdi Aluzri, Deputy City Manager/Community Development, stated the felony charge is established out of the Penal Code, but the Ordinance established the restitution amount which is in line with a felony rather than a misdemeanor. Councilmember Gutierrez stated he is glad Jerie Lee is back. Councilmember Williams stated John Lyon's coyote is a frequent visitor in the area of the trail he identified. Mayor Kurth felt Mr. Frost's video was very moving. He stated he would love to ride for awhile with this effort. He stated he was also glad to see Jerie Lee back. K. CONSENT' CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: December 20, 2007 (Special Closed Session - CM/CA Perf. Eval) January 2, 2008 (Cancellation of Regular Meeting) January 7, 2008 (Special Meeting re Consensus Bldg/Goal Setting) January 16, 2008 (Regular Meeting/Michael absent) K2. Approval of Check Register dated January 9 through January 29, 2008, for the total amount of $1,111,523.15. K3. Approval to accept bids received and award and authorize the execution of a contract in the amount of $58,340 ($53,040 plus a 10% contingency of $5,300) to the apparent lowest responsive, responsible bidder, New Legacy Corporation (RA 08-003) of Fontana, California, for the "Stadium Outfield Fence Replacement" project, to be funded from Acct. No. 2650801-5602. K4. Approval of an Amendment to the agreement for architectural services with Pitassi Architects, Inc. (RA 08-001) for HVAC and roof work on the remodel of the Archibald Library in the amount of $21,500 and a 10% contingency in the amount of $2,150, and approval of an appropriation in the amount of $23,650 to Acct. No. 2640801-5300 from Fund 640 Fund Balance. K5. Approval of a Resolution authorizing the destruction of Agency records pursuant to Calitornia Government Code Section 34090, the Agency's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. RA OS -001 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF AGENCY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES 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 (Michael absent). Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 5 L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L6. Approval of Minutes: December 20, 2007 (Special Closed Session - CM/CA Pert. Eval) January 2, 2008 (Cancellation of Regular Meeting) January 7, 2008 (Special Meeting re Consensus Bldg/Goal Setting) January 16, 2008 (Regular Meeting/Michael absent) L7. Approval of Check Register dated January 9 through January 29, 2008, for the total amount of $128,789.00. L8. Approval of a Resolution authorizing the destruction of Fire District records pursuant to California Government Code Section 34090, the District's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. FD 08-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF DISTRICT RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES MOTION: Moved by Spagnolo, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Michael absent). M. CONSENTCALENDAR -CITY COUNCIL M9. Approval of Minutes: December 20, 2007 (Special Closed Session - CM/CA Perf. Eval) January 2, 2008 (Cancellation of Regular Meeting) January 7, 2008 (Special Meeting re Consensus Bldg/Goal Setting) January 16, 2008 (Regular Meeting/Michael absent) M10. Approval of Check Register dated January 9 through January 29, 2008, and payroll ending January 29, 2008, for the total amount of $9,549,363.23. M11. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Beryl Street Storm Drain Improvements from Alta Loma Drive to Sunflower Street, to be funded from Drainage Funds, Acct. No. 1112303-5650/1505112 and Measure "I" Funds, Acct. No. 1176303-5650/1505176. RESOLUTION NO. 08-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BERYL STREET STORM DRAIN IMPROVEMENTS FROM ALTA LOMA DRIVE TO SUNFLOWER STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M12. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Jasper Street/Orchard Street Sidewalks (around Stork Elementary School), to be funded from Beautification Funds. Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 6 RESOLUTION NO. 08-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF "JASPER STREET/ORCHARD STREET SIDEWALKS (AROUND STORK ELEMENTARY SCHOOL)" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M13. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the plan for the Proposition 1B Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Accounts Funds. RESOLUTION NO. 08-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE PLAN FOR THE PROPOSITION 1B LOCAL STREETS AND ROADS IMPROVEMENT, CONGESTION RELIEF. AND TRAFFIC SAFETY ACCOUNT FUNDS M14. Approval of a Resolution of the City of Rancho Cucamonga, California, certifying that the City of Rancho Cucamonga has the resources to fund the projects submitted for the inclusion in the FY 2008/09 through 2013/14 Transportation Improvement Program and aftirming its commitment in the program. RESOLUTION NO. 08-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THAT THE CITY OF RANCHO CUCAMONGA HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2008/2009 THROUGH 2013/2014 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN THE PROGRAM M15. Approval to accept grant revenue in the amount of $5,000 from the California State Library for support of the ELF (Early Learning with Families) Program into revenue Acct. No. 1302000-4740, and approval to appropriate $5,000 into Acct. No. 1302601-5200 to purchase children's books. M16. Approval to appropriate $31,799.00 from the United States Department of Justice 2007 Justice Assistance Grant (JAG) Award into Acct. No. 1361701-5207 (Operations and Maintenance -Capital Supplies) for the purchase of nine (9) hand-held portable two-way radios and chargers for use by our patrol deputies. M17. Approval to accept grant revenue from the California Office of Emergency Services in the amount of $89,928.00 from the Law Enforcement Terrorism Prevention Program (LETPP) and $19,921.00 from the State Homeland Security Grand Program (SHSGP) into Acct. No. 1380000-4740 (Grant Revenue) for use by the Police Department for the purchase of related equipment and technology, and authorization to appropriate $109,849.00 into Acct. No. 1380701-5207 (Operations and Maintenance -Capital Supplies) for the purchase of thirty (30) hand held portable two-way radios and chargers for use by the Police Department. M18. Approval to execute an agreement for banking services with Union Bank of California, N.A., (CO OS-004) pursuant to request for proposal No. 07/08-201. M19. Approval of a Resolution authorizing the destruction of City records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 7 RESOLUTION NO. OS-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES M20. Approval of a request to Summarily Vacate Excess Street Right-of-Way located on Sierra Madre Avenue, from approximately 97 feet to 226 feet south of the Chaffee Street Alley (south of 9`h Street), V- 210, APN: 0227-254-67. RESOLUTION NO. 08-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF SIERRA MADRE AVENUE, GENERALLY LOCATED 97 FEET TO 226 FEET SOUTH OF THE CHAFFEE STREET ALLEY (SOUTH OF 9T" STREET), V-210, APN: 0227.254-67 M21. Approval of a Resolution to appoint a Representative and Alternate Representative to the Public Agency Risk Sharing Authority of California (PARSAC) Board of Directors. RESOLUTION NO. OS-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO APPOINT A REPRESENTATIVE AND AN ALTERNATE REPRESENTATIVE TO THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA (PARSAC) BOARD OF DIRECTORS M22. Approval of a Drainage Reimbursement Agreement (DRA-38) (CO 08-005) for construction of a portion of the Master Planned Storm Drain Facility located in Victoria Avenue between East Avenue and Pecan Avenue, approximately 1100 feet with development of Tract 16279-1, submitted by Toll Brothers, Inc. RESOLUTION NO. 08-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRAINAGE REIMBURSEMENT AGREEMENT (DRA-38) EXECUTED ON JANUARY 10, 2008, FOR THE INSTALLATION OF A PORTION OF THE MASTER PLANNED STORM DRAIN FACILITY LOCATED IN VICTORIA AVENUE BETWEEN EAST AVENUE AND PECAN AVENUE, APPROXIMATELY 1100 FEET M23. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $696,155.90 to the apparent low bidder, Park West Landscape, Inc. (CO 08-006) and authorize the expenditure of a 10% contingency in the amount of $69,615.59 for the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues, to be funded from Transportation Funds, Acct. No. 1124303-5650/1398124-0, Park Funds, Acct. No. 1120305- 5650/1398120-0 and $125,586.40 from Developer's Trust Funds, Acct. No. 1882000-2314. M24. Approval to accept improvements and file a Notice of Completion for improvements for DRC2003- 01236, located on the west side of Red Oak Street between Civic Center Drive and Aspen Avenue, submitted by Harvey D. and Karen L. Cohen. .Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 8 RESOLUTION NO. 08-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-01236 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M25. Approval to release the Maintenance Guarantee Cash Deposit for DRC2005-00109, located on the southeast corner of Arrow Route and Haven Avenue, submitted by GAPPCO, LLC. M26. Approval to release the Maintenance Guarantee Cash Deposit for DRC2005-00530, located on the southwest corner of Haven Avenue and Banyan Street, submitted by Shepherd of the Hills Lutheran Church. M27. Approval to release the Maintenance Guarantee Cash Deposit for Parcel Map 16365, located on the northwest corner of Day Creek Boulevard and Foothill Boulevard, submitted by Diamond Square, LLC (Victoria Gateway Shopping Center). M28. Approval to accept the Olive Grove Park project from Pulte Homes, Tract 14759-3, as complete, authorize the filing of a Notice of Completion, release the Faithful Performance Bond, accept the Maintenance Bond, and record the Grant Deed for the property. RESOLUTION NO. OS-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENT FOR OLIVE GROVE PARK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M29. Approval to accept the Construction or Modification of Traffic Signals and Safety Lighting at Five Locations Project, Contract No. 06-081, as complete, retain the Faithful Performance 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 $1,084,641.47. RESOLUTION NO. 08-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OR MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT FIVE LOCATIONS PROJECT, CONTRACT NO. 06-081 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M30. Approval to release Faithful Performance Bond No. 7584720, which was held on January 17, 2007 as a Maintenance Guarantee Bond, in the amount of $64,730.00, for the Red Hill Park Pedestrian Access Improvements, Contract No. 06-128. M31. Approval to accept the Arrow Route Pavement Rehabilitation from Hermosa to Haven Avenue project, Contract No. 07-090, as complete, retain the Faithful Performance 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 o $237,338.29. RESOLUTION NO. 08-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE PAVEMENT REHABILITATION FROM HERMOSA TO HAVEN AVENUE, CONTRACT NO. 07-090 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 9 MOTION: Moved by Spagnolo, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Michael absent). N. CONSENT ORDINANCES N1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING REGULATIONS ORDINANCE NO. 786 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING REGULATIONS Debra J. Adams, City Clerk, read the title of Ordinance No. 786. SEE DISCUSSION AND ACTION BELOW. N2. CONSIDERATION OF PROPOSED ORDINANCE ADJUSTING COUNCIL SALARIES ORDINANCE NO. 10E (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MEMBERS OF THE CITY COUNCIL Debra J. Adams, City Clerk, read the title of Ordinance No. 10E. MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and approve Ordinance Nos. 786 and 10E. Councilmember Gutierrez asked if a provision in the Ordinance was made for the Quakes to have certain areas for smoking at the stadium. James Markman, City Attorney, stated there is an area at the stadium for smoking, which was provided for in the lease. Mayor Kurth stated the point of this Ordinance is to protect the public from second hand smoke because it can cause damage to people and children. Motion carried unanimously 4-0-1 (Michael absent). Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 10 O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL 01. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2007-00560 - MARTHA BOARDMAN - A request to change the land use designation on .40 acres of land from Medium Residential (8-14 dwelling units per acre) to Neighborhood Commercial, located at 7388 Carnelian Street, south of Base Line Road on the west side of Carnelian Street -APN: 0207-022-07. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2007-00561 - MARTHA BOARDMAN - A request to change the zone on 0.40 acres of land from Medium Residential (8-14 dwelling units per acre) to Neighborhood Commercial, located 7388 Carnelian Street, south of Base Line Road on the west side of Carnelian Street -APN: 0207-022-07. RESOLUTION NO. 08-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING OF GENERAL PLAN AMENDMENT DRC2007-00560 TO CHANGE THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR 0.40 ACRE OF LAND, LOCATED AT 7388 CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-022-07 ORDINANCE NO. 787 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2007-00561, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR 0.40 ACRE OF LAND, LOCATED AT 7388 CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-022-07 A staff report was presented by Candyce Burnett, Sr. Planner. Councilmember Williams asked if this is a house keeping matter. Candyce Burnett, Sr. Planner, stated yes it is and that this will make everything more consistent. Mayor Kurth opened the item for public hearing. There being no response, the public hearing was closed Debra J. Adams, City Clerk, read the title of Ordinance No. 787 MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 787 for the February 20, 2008 meeting, and approve Resolution No. OS-034. Motion carried unanimously 4-0-1 (Michael absent). 02. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2007-00810 - F/S MOTORSPORTS. INC. (GEORGE REYNOSO) - A request to amend the Development Code, Section 17.30 to allow auto sales and leasing, subject to a Conditional Use Permit, in the General Industrial (GI) District, Subarea 1, a development district located west of Vineyard Avenue, generally between 8th Street and Arrow Route, and east of Grove Avenue. Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 11 ORDINANCE NO. 788 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00810 - A REQUEST TO AMEND SECTION 17.30.030 AND TABLE 17.30.030 TO ALLOW AUTOMOBILE SALES AND LEASING, SUBJECT TO A CONDITIONAL USE PERMIT, IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 1; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0207-022-07; 0207-262- 19, -21, -24, -28, -35, -36, -41, -42, -43, -45 THROUGH -51, -59; 0207- 251-10; 0207-541-60; 0207-252-92 AND -93; 0207-271-14, -23, -25, -27, -28, -31, -33, -39, -40, -42, -46, -47, -49 THROUGH -52, -56, -57, -58, -60 THROUGH -78 A staff report was presented by Mike Smith, Associate Planner. Councilmember Gutierrez asked what type of car sales this would be. Mike Smith, Associate Planner, stated it could be for used and new car sales. He stated they have not received any correspondence from the notification that was sent out. Mayor Kurth opened the item for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 788. MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 788 for the February 20, 2008 meeting. Motion carried unanimously 4-0-1 (Michael absent). 03. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO RESOLUTION NO. 08-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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 Mike TenEyck, Utility Operations Manager. Mayor Kurth asked how long these rates will be in place. Mike Ten Eyck, Utility Operations Manager, stated about two months and then staff would be back for another one. He stated this is being done to be consistent with Edison's rate structure. Mayor Kurth opened the item for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Williams, seconded by Spagnolo to approve Resolution No. 08-035. Motion carried unanimously 4-0-1 (Michael absent). Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 12 P. CITY MANAGER'S STAFF REPORTS P1. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING PARTICIPATION IN `THE GREEN VALLEY INITIATIVE PROGRAM" WITH THE COUNTY OF SAN BERNARDINO RESOLUTION NO. 08-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING "THE GREEN VALLEY INITIATIVE AND ENDORSING PARTICIPATION" AS A GREEN VALLEY JURISDICTION A staff report and power point presentation were given by Candyce Burnett, Sr. Planner, which is on file in the City Clerk's office. Jack Lam, City Manager, stated as we go through the General Plan process we will find out what the major stakeholders of the City would like to do as far as going green and to what extent. Councilmember Williams hoped that since Paul Biane is encouraging this, that the County will help to make it easier for people to dispose of their used oil and other household hazardous waste materials. Candyce Burnett, Sr. Planner, stated Danielle Boresh with the Supervisor's office was present if there were any questions. Ms. Boresh stated on behalf of the Board of Supervisors she is glad to be here. She stated this is new to the County, too, but they are reaching out to the cities to join in this effort. She stated they are happy to assist with the disposal of household hazardous waste materials. Mayor Kurth stated one of the Council's goals recently set was to see what the City can do to be more "green." He felt everyone should be more conservation minded. MOTION: Moved by Spagnolo, seconded by Williams to approve Resolution No. 08-036. Motion carried unanimously 4-0-1 (Michael absent). Q. COUNCIL BUSINESS Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo wanted to talk about baseball and the kickoff for the Quakes. He mentioned the Quakes are trying to find housing for their players, and that this is done through their booster club. He referred to the slide shown, which is on file in the City Clerk's office, for people to call for more information. Councilmember Gutierrez stated he appreciates being on the Council and felt it was a great election experience working on one of the campaigns for the primary election. He stated the City is still working on a number of neighborhood issues. Redevelopment Agency, Fire Protection District, City Council Minutes February 6, 2008 Page 13 Councilmember Williams mentioned the press conference held Monday with the Angels, and that the Quakes will be working with the Angels for another two years. She encouraged people to go to the Quakes' games when they start. She mentioned "Wear Red for Women," which is why she was wearing red. She told women to be aware of anything unusual going on with how they are feeling, i.e., extreme fatigue and chest pain, and to get it checked out immediately. She stated she went to the Sheriff's Reserve Recognition Dinner and commended them for their work in the City. Mayor Kurth thanked everyone that went out to vote because he felt it was a privilege to be able to do this. Q2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Williams stated the legislators are back in session. She stated there are some things that will affect cities because of the Governor's budget proposal to balance the State's budget. She didn't feel the legislators have cut spending, and now they are asking the cities to. She felt they need to cut their own spending. She stated our City is going to Washington, D.C. next week to meet with our federal legislators to get funding for the Base Line - I-15 Interchange. She hoped that record number of voters will again turn out to vote in November. R. IDENTIFICATION' OF ITEMS. FOR NEXT MEETING No items were identified for the next meeting. S. ADJOURNMENT The meeting adjourned at 8:40 p.m. Res e~ fitted, Debra J. Ada , CMC Assistant Secretary/Secretary/City Clerk Approved: February 20, 2008