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HomeMy WebLinkAbout2008/04/02 - MinutesApril 2, 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, April 2, 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, Vice PresidenUMayor Pro Tem L. Dennis Michael, 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. .._... B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) PresidenUMayor Kurth announced the closed session item: B1. 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 item. D. CONDUCT OF CLOSED SESSION' Closed session began at 5:35 p.m. E. CITY MANAGER ANNOUNCEMENTS F. RECESS The closed session adjourned at 6:53 p.m. with no action taken. Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 2 G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council was held on Wednesday, April 2, 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, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael, and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, 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; Charles Scott, Sr. Information Services Specialist; Shelly Munson, Information Services Specialist II; Mahdi Aluzri, Deputy City Manager/Community DevelopmenUlnterim City Engineer; Jerry Dyer, Sr. Civil Engineer; James Troyer, Planning Director; Rina Leung, Senior Planner; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Robert Karatsu, Assistant Library Director; Michelle Perera, Library Services Manager; Renee Tobin, Principal Librarian; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Carrie Pincott, Records Coordinator; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation declaring April as "Child Abuse Prevention Month." No one was present to accept the Proclamation. H2. Presentation of a Proclamation recognizing April 13 - 19, 2008 as National Library Week, and introduction of Library staff. Deborah Clark, Library Director, and staff came forward for the presentation. A power point was presented, which is on file in the City Clerk's office. Mayor Kurth and the Council presented the Proclamation to Deborah Clark and the staff. The staff was introduced by Robert Karatsu, Assistant Library Director, and Michelle Perera, Library Services Manager. Deborah Clark, Library Director, thanked all the Rancho Cucamonga residents for supporting them and also the Council for their continued support of the Library. I. PUBLIC COMMUNICATIONS 11. Mark Scarlatelli, owner and President of Gamut Construction, stated they are pleased to work with the City and the Redevelopment Agency on the Archibald Library Remodel Project (item K3). He felt it would be a positive experience. He stated if there are any questions he would be happy to answer them. He stated he is a supporter of the library system. Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 3 12. Terry Masl stated he came to the meeting about a year ago regarding the street banners we have for our troops. He stated it was his opinion at that time that the families that qualify for a banner should not have to pay for them. He stated he had offered for the Democratic Club to pay for the banner if someone could not afford it. He stated no one from the City ever got back to him about this. He stated it has now been brought to this attention that there is a box to check on the application is someone needs financial assistance. He stated at the last meeting he brought up the homeless issue and has not heard back from anyone about that issue either. He mentioned other cities that have organized "tent cities." He stated he knows of seven charities that can help with this problem but reiterated he has not heard back from anyone about this. 13. John Lyons from the Etiwanda area of the City felt it was great to have the Library next to the mall. He told everyone to be cautious of rattle snake season. 14. Gwynn Frost, representing the Etiwanda Historical Society, commented on the invitations to the Mother's Day Tea to be held May 3rd at Etiwanda Gardens. She encouraged everyone to attend. 15. Jim Frost displayed a poster of a helicopter called Flying Thunder. He talked about the Run for the Wall event to occur over the Memorial Day weekend and stated the helicopter displayed in the photo will also be flying along with the motorcycles riding from Rancho Cucamonga to Washington, D.C. He stated Run for the Wall is to keep awareness going about those still missing in action while serving their country. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo stated they are making sure that no serviceman in the City goes without some kind of recognition. He encouraged Mr. Masl to contact Linda Daniels, Redevelopment Director, about the banner program. K. CONSENT CALENDAR -REDEVELOPMENT' AGENCY K1. Approval of Minutes: February 21, 2008 (special joint mtg. w/CVWD) (Spagnolo absent) March 5, 2008 (special mfg re Healthy Cities) March 5, 2008 (regular meeting) March 19, 2008 (regular meeting) K2. Approval of Check Register dated March 12 through March 25, 2008, for the total amount of $260,212.46. K3. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,562,626, including one bid alternate, plus a 10% contingency in the amount of $156,262 to the apparent lowest responsive bidder, Gamut Construction of Montclair, California, (RA 08-005), for the Archibald Library Remodel Project, to be funded by an appropriation from Fund 640 Fund Balance to Acct. No. 2640801-5602. MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 4 L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L4. Approval of Minutes: February 21, 2008 (special joint mtg. w/CVWD) (Spagnolo absent) March 5, 2008 (special mtg re Healthy Cities) March 5, 2008 (regular meeting) March 19, 2008 (regular meeting) L5. Approval of Check Register dated March 12 through March 25, 2008, for the total amount of $70,163.10. L6. Approval to adopt a boundary map showing Parcel Number 0201-043-54 (Peter & Heather Thuresson), 10059 Snowdrop Rd., to be annexed into CFD 88-1. RESOLUTION NO. FD 08-011 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. 88-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 88-OS-2) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 L7. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88- 08-2 (APN: 0201-043-54, Peter & Heather Thuresson), 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 08-012 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. 88-1, DECLARING INTENTION TO ANNEX TERRITORY (ANNEXATION NO. 88-08-2) TO COMMUNITY FACILITIES DISTRICT NO. 88-1 L8. Approval of an Agreement (CO FD 08.004) between representatives of the Rancho Cucamonga Fire Protection District and the Rancho Cucamonga Firefighters Local 2274, Fire Support Services Association, and Fire Management Employee Group, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act, and a revised CaIPERS Resolution stating the same. RESOLUTION NO. FD 08-013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 5 M. CONSENT CALENDAR -CITY COUNCIL Jack Lam, City Manager, stated item M13 will be removed from the agenda and will return for consideration at a future meeting. M9. Approval of Minutes: February 21, 2008 (special joint mtg. w/CVWD) (Spagnolo absent) March 5, 2008 (special mtg re Healthy Cities) March 5, 2008 (regular meeting) March 19, 2008 (regular meeting) M10. Approval of Check Register dated March 12 through March 23, 2008, and payroll ending March 25, 2008 for the total amount of $3,640,610.21. M11. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Etiwanda Avenue Pavement Rehabilitation from 4° Street to Arrow Route and Arrow Route Pavement Rehabilitation from 2500' west of Etiwanda Avenue to Etiwanda Avenue, to be funded from Transportation funds, Acct. No. 1 1 24303-5650/1 0 761 24-0, Prop 42 funds, Acct. No. 1190303- 5650/1076190-0 and Measure "I" Funds, Acct. No. 1 1 76303-56 50/1 372 1 76-0. RESOLUTION NO. 08-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ETIWANDA AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO ARROW ROUTE AND ARROW ROUTE PAVEMENT REHABILITATION FROM 2500' WEST OF ETIWANDA AVENUE TO ETIWANDA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M12. Approval of the Project Development Cooperative Agreement between the City of Rancho Cucamonga and the County of San Bernardino (CO OS-032) for the construction of Etiwanda Avenue Pavement Rehabilitation from 4'" Street to Arrow Route. M13. Approval to execute a Professional Services Agreement with RBF Consulting (CO 08-033), not to exceed $185,830, for the preparation of an Initial Study/Mitigated Negative Declaration and/or Environmental Impact Report (DRC2008-00263) for the Biane Business Park Project, within the City of Rancho Cucamonga to be funded from the developer deposit through Account No. 10013145303. REMOVED FROM AGENDA. M14. Approval of an appropriation of $200,000 to Acct. No. 1 1 2 4303-5650/1 39 81 24-0 for utility undergrounding fees for the landscape improvement project on the MWD Parkway at the southeast corner of Bluegrass Avenue and W ilson Avenue, to be funded from Transportation Fund balance. MI5. Approval of a request from Run for the Wall for a Waiver of Fees and Charges for local events associated with the run. MI6. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $516,998.48 to the apparent low bidder, Diversified Landscape Management, Inc. (CO OS-034) and authorize the expenditure of a 10% contingency in the amount of $51,699.85, for the Highland Avenue and Fairmont Way Street Improvements from San Benito to Kenyon Way and Highland Landscape north of Highland from San Benito to Fairmont Way, to be funded from Transportation Funds, Acct. No. 1 1 2403-5 6 50/1 51 41 24-0 and Capital Reserve Funds, Acct. No. 1 0250 01-5650/1 51 4025-0. M17. Approval of Real Property Improvement Contract and Lien Agreement (CO OS-035) located at 6767 Amethyst Avenue, APN No. 020211111, submitted by John A. Hafner. Redevelopment Agency,.Fire Protection District, City Council Minutes April 2, 2008 Page 6 RESOLUTION NO. 08-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JOHN A. HAFNER AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME M18. Approval to accept the bids received, and award and authorize the execution of the contract in the amount of $88,982.50 to the apparent low bidder, Lifestyle Landscapes, Inc. (CO 08-036), and authorize the expenditure of a 10% contingency in the amount of $8,898.25 for the Banyan Community Trail from Amethyst Street to Archibald Avenue, to be funded from Beautification Funds, Acct. No. 1 1 1 031 6-5650/1 61 31 1 0-0. M19. Approval of Improvement Agreement Extension for DRC2003-01085, located on the south side of 7'" Street at the cul-de-sac terminus east of Archibald Avenue, submitted by Scheu Management Corporation. RESOLUTION NO. OS-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2003-01085 M20. Approval of reductions in improvement security for Rancho Etiwanda Estates infrastructure (Tentative Tract Maps 16226 and 16227 and LMD Landscaping for Tracts 16226 & 16227), located at the northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. OS-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REDUCTIONS IN IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES (TENTATIVE TRACT MAPS 16226 AND 16227) RESOLUTION NO. 08-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REDUCTION IN IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES (LMD LANDSCAPING FOR TRACTS 16226 AND 16227) M21. Approval to release the Maintenance cash deposit for DRC2005-00715, located on Arrow Route, Jersey Boulevard and Boston Place, submitted by Rancho Cucamonga II, LLC. M22. Approval to accept Improvements, retain $2,760.00 of the Faithful Performance cash deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 17938, located on the east side of Pittsburgh Avenue at 5'" Street, submitted by Rock-Pitt, LLC. RESOLUTION NO. 08-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17938 AND AUTHORIZING THE FILING FO A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 7 M23. Approval to accept the Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for Parcel Map 16926, located on the northwest corner of 4'h Street and Buffalo Avenue, submitted by DEB Construction. RESOLUTION NO. 08-0-76 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 M24. Approval to release the Maintenance Guarantee Bond for Tract 16542, located at 6717 East Avenue, north of Victoria Street, submitted by J.T. Storm Development No. 2, LLC. M25. Approval to accept the Haven Avenue and 19'" Street Parkway Improvement Project, Contract No. 07-078 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the Acting City Engineer to file a Notice of Completion and approve the final contract amount of $611,147.17. RESOLUTION NO. 08-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HAVEN AVENUE AND 19T" STREET PARKWAY IMPROVEMENT PROJECT, CONTRACT NO. 07-078, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item M13. Motion carried unanimously 5-0. ~~ N. CITY MANAGER'S STAFF REPORTS '~~ N1. INTRODUCTION AND DEMONSTRATION OF NEW LIBRARY WEB PAGE (power point presentation) A demonstration of the website was presented by Michelle Perera, Library Services Manager, and Cara Vera, Senior Librarian. They stated the new website will be available tomorrow and can be reached at www.rcpl.lib.ca.us. ACTION: Report received and filed. O. COUNCIL BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Mayor Pro Tem Michael mentioned all the positive feedback he hears from people that go to the Library. He stated they have really set the bar when it comes to customer service. He stated he appreciated what they do. Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 8 Councilmember Spagnolo commented on the four people that have died in the Iraq war. He stated donations were made by his colleagues and the Lewis Company for banners. He stated they hope to have the policy on the next agenda to include those that have died in the Iraq war. Councilmember Gutierrez stated he met with several residents last weekend and encouraged people to contact the Council when there is an issue in their neighborhood so the Council can help them. Councilmember Williams told every one to mark their calendar for May 10th for the Pacific Electric Bike Trail ride. She stated this is a fundraiser for the Pacific Electric Rail Committee. She stated people can sign up at www.pacificelectrictrail.orq. Mayor Kurth stated even though the City has no jurisdiction over this, he hoped the Government can help those people caught up in a subprime loan. He stated April 18th is the Tony Orlando concert at the Cultural Center at the Lewis Family Playhouse. He mentioned a letter he received from a resident that commended the staff at the animal shelter. They particularly commended Brenda for her assistance. He talked about a letter he received from the Girl Scouts who were thanking Councilmember Williams for attending their Bronze Award ceremony. He mentioned a letter he received from a resident thanking him for his new sidewalk and what a good job the workers did. 02. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Williams stated the State Budget Committee is currently working on the State's budget. She indicated the State's budget will have significant impact on local government. She stated representatives from Rancho Cucamonga will be attending the League of California Cities Legislative Action Days on April 16th and 17th in Sacramento. She added Senator Bob Dutton has been named Vice Chair of the Senate Budget Committee and congratulated him. She stated Assemblyman Emerson is also a huge advocate for local government and commended him as well. 03. UPDATE REGARDING TEMPORARY SIGN ORDINANCE A staff report and power point presentation were given by Rina Leung, Senior Planner, which is on file in the City Clerk's office. Councilmember Gutierrez stated the Subcommittee that worked on this really wants to try what is proposed, and if it is found revisions need to be made it can be revisited in the future. Mayor Pro Tem Michael felt it should come back with the Subcommittee's recommendation. Mayor Kurth stated he felt the Sign Ordinance should be more strict than what we currently have. James Markman, City Attorney, stated what we currently have is an unenforceable ordinance. He stated this will still limit the number of signs and then we can legally enforce political signs and signs placed on poles. He stated other than animated signs, this will do a lot to eliminate the sign clutter. Councilmember Gutierrez felt this ordinance will make the most people happy and is probably worth trying it at this time. He stated if it needs more work it can be revisited in the future. Mayor Kurth felt this will allow for more signs and is legalizing signs that haven't been legal in the past. Councilmember Williams felt the signs on the trees and poles should be gone. Councilmember Gutierrez stated this will not create more signs on the streets and that he guarantees this. Councilmember Spagnolo felt this allows for a legal tool for real estate signs and other businesses to put signs in the public right-of-way. He felt this ordinance is being sensitive to the business community. Redevelopment Agency, Fire Protection District, City Council Minutes April 2, 2008 Page 9 Mayor Kurth stated he doesn't support all the signs in the public right-of-way to clutter up the City. James Markman, City Attorney, stated if this doesn't work it can be repealed. Councilmember Gutierrez wished the Mayor's comments had been expressed when the real estate people were present the last time this was discussed. MOTION: Moved by Gutierrez, seconded by Michael draft the ordinance for the Council to review prior to it going to the Planning Commission, which would then come back to the Council for approval. James Markman, City Attorney, stated they haven't seen problems with this same ordinance in Buena Park, and that it has worked. He stated the problem presented to him was the issue of political signs. Motion carried unanimously 5-0. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Spagnolo requested the banner policy to address military personnel that have served in the Iraq war come back at the next meeting. Q. ADJOURNMENT The meeting adjourned at 8:47 p.m. Respectfully itted~, ~ ~'t-c`a"YL6~-- ebra J. Ada MC Assistant Secretary/Secretary/City Clerk Approved: May 7, 2008