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HomeMy WebLinkAbout2008/01/16 - MinutesJanuary 16, 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 closed session on Wednesday, January 16, 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 6:05 p.m. by President/Mayor 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 President/Mayor Pro Tem: L. Dennis Michael B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) PresidenUMayor Kurth announced the closed session items: 81. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - JR ENTERPRISES, LP V. CITY OF RANCHO CUCAMONGA -CASE NUMBER RCV 090728 -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 6:15 p.m. E. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 2 F. RECESS The closed session adjourned at 6:55 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, January 16, 2008, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth, M.D. called the meeting to order at 7:08 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman/President/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Linda D. Daniels, Redevelopment Director; Mike Nelson, Economic Development Manager; James C. Frost, City Treasurer; Joe Kamrani, Sr. Information Services Analyst; Laura Bliese, Information Services Specialist I; Mahdi Aluzri, Deputy City Manager/Community Development; Dave Blevins, Public Works Maintenance Manager; Dan James, Sr. Civil Engineer; Erica Darplee, Management Analyst II; James Troyer, Planning Director; Trang Huynh, Building and Safety Official; Kurt Keating, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Robert Karatsu, Assistant Library Director; Captain Joe Cusimano and Deputy Reese, Rancho Cucamonga Police Department; Chief Peter Bryan and Fire Marshall Rob Ball, Rancho Cucamonga Fire Protection District; Kathryn L. Scoit, Assistant City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. Absent was Vice ChairmanNice President/Mayor Pro Tem: L. Dennis Michael H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation for the 100'h Anniversary of the Strane House. The Mayor and City Council presented the Proclamation to Ralph and Maxine Strane. H2. Administration of Oath of Office to Lupe Jaramillo, newly-appointed member to the Community Foundation Board of Directors. Mayor Kurth administered the oath of office to Lupe Jaramillo and congratulated her on her appointment. Ms. Jaramillo thanked the City for this opportunity. H3. Presentation by Cucamonga Valley Water District regarding planned water pipeline shutdown. Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 3 John Vega, Director of Operations -Cucamonga Valley Water' District (GVW D), updated everyone that on February 4 - 10 Phase 2 of the Metropolitan Water District (MWD) pipeline project there would be a shut down. He explained the work to be down and the shut down to take place. He also showed a photo of the 8' pipeline to be worked on. He stated they have let the public know about this shut down to get the word out to all of their customers so they can help to conserve water during this time. He thanked everyone for supporting this shut down. Jo Lynne Russo-Pereyra, Assistant General Manager of External Affairs, CVWD, wanted to inform the Council about a series of water issue workshops to be held starting on January 30, which will be very informative to the public. She stated other dates for these workshops are April 24 and July 17. She encouraged people to attend these to get educated about various water issues. I. PUBLIC COMMUNICATIONS. , 11. Jim Moffatt talked to the Council about the recycling and banning of Styrofoam. He stated there is a recyclable Styrofoam that could be used instead of banning it altogether, and distributed information to the Council, which is on file in the City Clerk's office, and asked the Council to consider this. He mentioned the "no smoking" ordinance the Council had on the agenda. He felt smokers had the right to smoke in the parks and felt there should be a designated area in the parks for them. He referred to an article in the Daily Bulletin that said smoke dissipates in a matter of seconds. 12. Larry McMath stated he had addressed the Council in November regarding parking on Belpine Place. He stated this matter was referred to a subcommittee for further study. He said he was then contacted by Joe O'Neil who told him the Homeowner's Association was to come up with a solution to the parking problem. He stated there has been no change, and the safety issues are still there and they have no parking for their own visitors. He said he has been contacted by Planning Director James Troyer, but added he has seen no change regarding this matter. James Troyer, Planning Director, stated the Homeowner's Association has requested until the end of the year to resolve this matter and that they would encourage people to use their garages. Mr. McMath stated there is quite a safety hazard for the kids loading onto the busses. He didn't see why it was taking so long to get this resolved. He stated he has been told his house has lost equity because of the parking situation, which he was not very happy about. 13. Jim Trimble stated he is speaking on the same parking issue that Larry McMath spoke about. He stated this problem is out of control. He said people are moving his trash cans on trash day so they can park. He stated he has called Code Enforcement and that nothing has happened. He felt some of these cars should be towed. He stated they need relief. He suggested permit parking or some other remedy to this problem. He asked some action be taken now. 14. Jim Frost had "Challenge Coins" to present to the Council and told about the history behind them. He talked about the Run for the Wall event to occur over the Memorial Day weekend. He mentioned the four helicopters that will also be part of this event and traveling to Washington, D.C. with the motorcycles. He stated there will be about 500 motorcycle riders participating. I5. Hilda Phillips stated she is a senior volunteer at the Cultural Center and appreciated the Council's support. She wanted to remind everyone about the "Dreams of Anne Frank" performance to take place at the Lewis Family Playhouse on January 18th -February 2nd. She encouraged everyone to see this because she felt it would be a great event. Councilmember Gutierrez wished Ms. Phillips a Happy Birthday from last week Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 4 16. John Lyons hoped everyone had a Merry Christmas and Happy New Year. He was glad that the first January meeting was canceled and felt City Hall should be closed between Christmas and New Years. He felt the State of the City address given by the Mayor today was great and that he did a good job. He mentioned the Governor and his proposal for a fire tax that would affect the people that live in high fire risk areas, but that everyone would have to pay for it. He mentioned the Governor's proposal for health insurance and felt it was the people that would end up having to pay for it. He mentioned Proposition 93 and didn't agree with this. He felt people should support the other propositions pertaining to the Indians. He expressed his concern for the State's deficit and felt the State should cut back. He felt the candidate's running for President should address California's deficit and should identify what they would recommend to help us. 17. Eric Hibshman, Mattress Liquidation, stated he has concerns about the City's regulations pertaining to his advertising. He stated they have used sign twirlers at 6th Street and were contacted by Code Enforcement about this. He stated they went to court and he was fined 5100 and probation. He stated he was told the sign out front of his building is violating his probation. He stated it is a problem that they can't direct traffic into their business to bring in the impulse buyers, which is a large part of their business. He stated there are a lot of other businesses also breaking the law with their advertising. He stated he has talked to other businesses that are in violation and that he was the only one that has been prosecuted. He asked the Council for their help to resolve these issues. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo hoped staff will work with the people that are having the parking problem and enforce our codes. He stated we will work to resolve these parking problems. He stated no one is intending to put people out of business but that laws have to be enforced because it relates to public safety for everyone. He mentioned the Styrofoam information presented by Mr. Moffatt, and added that the City banned the product that Styrofoam is made of, but appreciated Mr. Moffatt's information. Councilmember Gutierrez stated the subcommittee hasn't discussed the sign twirlers yet. He said they don't want Mr. Hibshman's business to close and that they would look into this. He stated the parking issue has to be attacked and resolved, because it is affecting people's quality of life. Councilmember Williams stated everything has already been said about the public comments and she agreed with the comments made by other Councilmembers. She felt we should look for solutions to the problems identified. Mayor Kurth stated parking problems keep occurring and that the Council is sensitive to these issues. He stated we would tackle and come up with a solution. He stated today was the State of the City address and that it would be on Channel 3 and on streaming video in the future. K: CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: December 5, 2007 (Special Meeting re Fire Triage/Prioritization) December 5, 2007 (Regular Meeting) December 11, 2007 (Special Jt. Mig. w/PRC re Family Aquatics Ctr) December 19, 2007 (Special Meeting re C.H.E.C.K. Presentation) December 19, 2007 (Regular Meeting) Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 5 K2. Approval of Check Register dated December 12, 2007 through January 8, 2008, and Payroll for the total amount of $1,299,072.12. K3. Approve to receive and file current Investment Schedule as of December 31, 2007. K4. Approval by the Rancho Cucamonga Redevelopment Agency to transfer the appropriations of all line items budgeted for FY 2007-08 under Fund 670 (2008 Tax Allocation Bonds) in the amount of $6,359,550 to Fund 650 (Public Improvements). K5. Approval by the Rancho Cucamonga Fire Protection District Board to quitclaim to the Rancho Cucamonga Redevelopment Agency all of its right, title, and interest in certain real property commonly known as Parcel 1089-031-35 (generally located south of 12270 Firehouse Court), and acceptance by the Rancho Cucamonga Redevelopment Agency of the transfer of title. K6. Approval of a Professional Services Agreement with Pitassi Architects, Inc. (RA 08-001) of Rancho Cucamonga for the programming, concept design, construction documents, and construction administration for the remodel of the Archibald Library in the amount of $138,465 and a 10% contingency in the amount of $13,846, to be funded from Fund 640 Fund Balance to Acct. No. 2640801-5300 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). L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L7. Approval of Minutes: December 5, 2007 (Special Meeting re Fire Triage/Prioritization) December 5, 2007 (Regular Meeting) December 19, 2007 (Special Meeting re C.H.E.C.K. Presentation) December 19, 2007 (Regular Meeting) L8. Approval of Check Register dated December 12, 2007 through January 8, 2008, for the total amount of $1,074,904.75. L9. Approval to receive and file current Investment Schedule as of December 31, 2007. L10. Approval by the Rancho Cucamonga Fire Protection District Board to quitclaim to the Rancho Cucamonga Redevelopment Agency all of its right, title, and interest in certain real property commonly known as Parcel 1089-031-35 (generally located south of 12270 Firehouse Court), and acceptance by the Rancho Cucamonga Redevelopment Agency of the transfer of title. L11. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-8 (CalEast Phelan 8'h & Vineyard, LLC - SUBTPM18794). RESOLUTION NO. FD 08-001 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. 07-8 L12. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-9 (Sandoval Pipeline Engineering-APNs: 0229-181-03 & 11). Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 6 RESOLUTION NO. FD 08-002 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. 07-9 L13. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-10 (Arrow Rancho Park-APN: 0229-171-23). RESOLUTION NO. FD 08-003 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. 07-10 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. CONSENT CALENDAR -CITY COUNCIL M14. Approval of Minutes: December 5, 2007 (Special Meeting re Fire Triage/Prioritization) December 5, 2007 (Regular Meeting) December 11, 2007 (Special Jt. Mtg. w/PRC re Family Aquatics Ctr) December 19, 2007 (Special Meeting re C.H.E.C.K. Presentation) December 19, 2007 (Regular Meeting) M15. Approval of Check Register dated December 12, 2007 through January 8, 2008, and payroll ending January 8, 2008, for the total amount of $8,867,440.21. M16. Approval to receive and file current Investment Schedule as of December 31, 2007. M17. Approval of Community Services Update report. M18. Approval of a request from the Rancho Cucamonga Quakes/Los Angeles Angels of Anaheim for Waiver of Rental Fees for use of the Epicenter Stadium on January 19, 2008, for a Free Youth Baseball Clinic. M19. Approval of a Resolution of the City Council ratifying the Fire District's Fire Code Adoption Ordinance. Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 7 RESOLUTION NO. 08-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING ORDINANCE FD 46 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, THE DISTRICT'S ADOPTION BY REFERENCE OF THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES M20. Approval to award a contract to NEC Solutions for the purchase of network equipment and annual maintenance in the amount of $240,535.00, to be funded as follows: $190,985 from Acct. No. 1714001- 5605, and $23,194.00 from Acct. No. 1714001-5200 for equipment, and $26,356.00 from Acct. No. 1714001-5300 for annual maintenance. M21. Approval of a renewal of a Professional Services Agreement for Federal Legislative Advocacy services with David Turch and Associates (CO 05-122) in the amount of $48,000, funded from Acct. No. 1001001-5300. M22. Approval of Improvement Agreement and Improvement Security for public street improvements, and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Development Review Project DRC2005-00287, located on the south side of Foothill Boulevard between Hermosa and Center Avenues, submitted by Mohammad R. Mojabe and Elizabeth Mojabe. RESOLUTION NO. OS-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2005-00287 RESOLUTION NO. 08-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 36 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DEVELOPMENT REVIEW PROJECT DRC2005-00287 M23. Approval of Improvement Agreement and Improvement Securities for DRC2006-00866, located on the north side of 6'" Street, west of Etiwanda Avenue, submitted by RWC Enterprises, Inc. RESOLUTION NO. 08-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2006- 00866 Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 8 M24. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 38 and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17818, located at the southeast corner of Foothill Boulevard and Rochester Avenue, submitted by Footchester Partners I, LLC. REMOVED FOR DISCUSSION BY COUNCILMEMBER GUTIERREZ. APPROVED 4-0-1 (MICHAEL ABSENT) RESOLUTION NO. 08-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17818, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 08-006 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 17818 M25. Approval of modified Reimbursement Agreement, SRA-41, to supersede the agreement dated March 21, 2007, which established contribution in lieu of construction amounts for circulation improvements in the Rancho Etiwanda area, located on both sides of Day Creek Boulevard, north of the 210 Freeway, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 08-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A NEW REIMBURSEMENT AGREEMENT SRA-41 TO ESTABLISH CONTRIBUTION IN LIEU OF CONSTRUCTION AMOUNTS TO BE PAID BY FUTURE DEVELOPMENT FOR CIRCULATION IMPROVEMENTS IN THE RANCHO ETIWANDA AREA, AND RESCINDING THE PREVIOUS AGREEMENT DATED MARCH 21, 2007 M26. Approval to quitclaim vehicular access rights for all lots along Etiwanda Avenue within Parcel Map 4029 and within Tract Maps 12870, 16147, 16279-1 and 16466 located on both sides of Etiwanda Avenue between Base Line Road and W ikon Avenue. RESOLUTION NO. 08-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED (Parcel Map 4029) Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 9 RESOLUTION NO. 08-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED (Tract Map 12870) RESOLUTION NO. 08-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED (Tract Map 16147) RESOLUTION NO. 08-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED (Tract Map 16279-1) RESOLUTION NO. 08-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED (Tract Map 16466) M27. Approval of Improvement Agreement Extension for 5650 Hellman Avenue, located on the west side of Hellman Avenue, north of Wilson at 5650 Hellman Avenue, submitted by Stephen and Carol Biroczky. RESOLUTION NO. 08-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 5650 HELLMAN AVENUE M28. Approval of Improvement Agreement Extension for Parcel Map 17653, located on the north side of Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue, submitted by Panaitoni Development Co., LLC. Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 10 RESOLUTION NO. 08-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 17653 M29. Approval of Improvement Agreement Extension for Tract 16114, located on the east side of East Avenue, south of W ilson Ave., submitted by Trimark Pacific-Rancho Cucamonga, LLC. RESOLUTION NO. 08-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16114 M30. Approval of Improvement Agreement Extension for Tract 16320, located at the south side of Vista Grove, north of Woodridge Drive, east of Hermosa Ave., submitted by Team 7 Properties. RESOLUTION NO. 08-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16320 M31. Approval of Improvement Agreement Extension for Tract 16716, located on the east side of Etiwanda Avenue Intermediate School and Etiwanda Railway Station, submitted by Monte San Savino, LLC. RESOLUTION NO. 08-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16716 M32. Approval to release Maintenance Guarantee Bond for DRC2005-00228, located on the north side of Church Street, west of Terra Vista Parkway, submitted by LGC Homecoming at Terra Vista, LLC. M33. Approval to release the Maintenance Guarantee Bond for Parcel Map 16237, located on the southeast corner of Base Line Road and Day Creek Blvd., submitted by B/DC Partners, L.P. M34. Approval to release the Maintenance Cash Deposit for Parcel Map 16487, located at the northeast corner of Red Oak Street and Laurel Street, submitted by Vaniparo, LLC. M35. Approval to accept Improvements, accept an Amended Irrevocable Standby Letter of Credit and file a Notice of Completion for improvements for Parcel Map 16926, located on the north side of Fourth Street between Buffalo Avenue and Richmond Place, submitted by Cal Development, LLC. RESOLUTION NO. 08-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16926 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 11 M36. Approval to accept [he Citywide Installation of Emergency Vehicle Preemption Project, Contract No. 06-049 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 S496,221.62. RESOLUTION NO. 08-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CITYWIDE INSTALLATION OF EMERGENCY VEHICLE PREEMPTION PROJECT, CONTRACT NO. 06-049 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M37. Approval to accept the RCMU Substation Fencing and Pavement Rehabilitation Improvements, Contract No. 07-064 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 $98,341.48. RESOLUTION NO. 08-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE RCMU SUBSTATION FENCING AND PAVEMENT REHABILITATION IMPROVEMENTS, CONTRACT NO. 07-064 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M38. Approval to accept the 9'h Street Pavement Rehabilitation from Hellman to Archibald Project, Contract No. 07-077 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 $171,407.25. RESOLUTION NO. OS-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 9T" STREET PAVEMENT REHABILITATION FROM HELLMAN TO ARCHIBALD PROJECT, CONTRACT NO. 07-077 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 24. Motion carried unanimously 4-0-1 (Michael absent). DISCUSSION OF ITEM M24. Councilmember Gutierrez stated this is about a Development Agreement on the southeast corner of Foothill and Rochester and asked what the project was going to be called. Mahdi Aluzri, Deputy City Manager/Community Development, stated he wasn't sure if it was going to be called "Footchester" or not. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve item M24. Motion carried unanimously 4-0-1 (Michael absent). Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 12 N CONSENT ORDINANCES James Markman, City Attorney stated item N2 would be removed for discussion. N1. DISCUSSION OF DRAFT ORDINANCE PROHIBITING AGGRESSIVE SOLICITING AND SOLICITING AFTER DARK ORDINANCE NO. 785 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.26 AND ADDING CHAPTER 9.31 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING SOLICITATION Debra J. Adams, City Clerk, read the title of Ordinance No. 785. MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and approve Ordinance No. 785. Motion carried unanimously 4-0-1 (Michael absent). N2. 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 James Markman, City Attorney, stated there is a slight overbroad statement about stadiums (see staff report on file in the City Clerk's office), and that a correction to Section 3 of the Ordinance is being recommended. He stated they are recommending first reading be redone tonight and set for second reading for the next meeting. MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and set second reading as amended for the February 6, 2008 meeting. Motion carried unanimously 4-0-1 (Michael absent). O. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT ITEMS 01 AND 02 WERE CONSIDERED AT ONE TIME. Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 13 RESOLUTION NO. FD 08-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-11) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS A staff report was presented by Fire Chief Peter Bryan President Kurth opened the meeting for public hearing on items 01 and 02. There being no response, the public hearing was closed. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve Resolution Nos. FD OS-004 and FD 08-005. Motion carried unanimously 4-0-1 (Michael absent). 02. CONSIDERATION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (LIONS PRIDE DEVELOPMENT - APN: 0201-043-53 -ANNEXATION NO. 88-07-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD OS-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-07-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS SEE DISCUSSION AND VOTE UNDER ITEM 01. P. CITY MANAGER'S STAFF REPORTS CITY COUNCIL Pt. GRAFFITI PROGRAM PRESENTATION (oral) A staff report and power point presentation, which is on file in the City Clerk's office, were given by Dave Blevins, Public Works Maintenance Manager, Deputy Reese with the Rancho Cucamonga Police Department, and Erica Darplee, Management Analyst II. Mayor Kurth asked about the age of the people doing the graffiti. Deputy Reese stated between ages 11 - 14. Mayor Kurth asked if we actually get the restitution. Deputy Reese stated in time we do, and that it is a condition of probation. Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 14 Councilmember Spagnolo felt the Police Department and staff need to be commended for their efforts with this program. He felt more information should get out to the public about this so people know how easy it is to report graffiti so that these problem can be resolved. Councilmember Gutierrez also thanked everyone for their efforts concerning this problem. He stated he hears many compliments on how fast graffiti is taken care of. He encouraged people to call the graffiti hot line at 481-7999. He wondered if restitution can be placed as a lien on a house if it is not paid. He was impressed that staff will go to private property to help clean up graffiti. He felt this was a very successful program in the City. Jack Lam, City Manager, also commented that this program is very beneficial. Councilmember Williams felt the graffiti hot line is very beneficial for people to call. She felt people need to be educated about this program. She hoped some of the taggers have to earn the money to pay their restitution in order to learn a lesson. She stated she was very excited about this program. She asked if any other City has used this. Deputy Reese stated there are some Los Angeles County cities that have used it, but that we are the first in the Inland Empire. Mayor Kurth felt we are getting to the root of the graffiti problem with this program. He stated this is wonderful and appreciated the presentation. Councilmember Gutierrez stated this would be a great service project for some of the churches wanting to help out. ACTION: Report received and filed. P2. CONSIDERATION OF PROPOSED ORDINANCE ADJUSTING COUNCIL SALARIES ORDINANCE NO. 10E (first 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 A staff report was presented by Jack Lam, City Manager. Debra J. Adams, City Clerk, read the title of Ordinance No. 10E. MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 10E for the February 6, 2008 meeting. Motion carried unanimously 4-0-1 (Michael absent). Q. COUNCIL BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo thanked the Mayor for his State of the City address this afternoon and encouraged those that did not see it to watch it on Channel 3. Redevelopment Agency, Fire Protection District, City Council Minutes January 16, 2008 Page 15 Councilmember Gutierrez thanked Councilmember Spagnolo who was on the subcommittee with him, and also the rest of the Council, for approving the Aggressive Solicitation Ordinance. He felt we all need to be good neighbors. He told about vandalism that occurred in his neighborhood over the holidays and that it was good neighbors that helped to resolve the case. Councilmember W illiams stated she was sorry to miss the State of the City address today and will watch it on Channel 3. , Mayor Kurth stated right before the meeting everyone went to the opening of Gondalfos and stated it is a great restaurant. He stated he is glad to be working with everyone. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. S. ADJOURNMENT The meeting adjourned at 8:45 p.m. Respectfully submitted, Debr~~ , CMC Assistant Secretary/Secretary/City Clerk Approved: February 6,2008