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HomeMy WebLinkAbout2008/06/04 - MinutesJune 4, 2008 RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, June 4, 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 Vice Chairman L. Dennis Michael. Present were Agencymembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, and Vice Chairman L. Dennis Michael. Also present were: Pamela Easter, Assistant City Manager; James Markman, Legal Counsel and Linda D. Daniels, Redevelopment Director. Absent was: Chairman Donald J. Kurth, M.D B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Vice Chairman L. Dennis Michael announced the closed session item: 81. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF I-15 FREEWAY, FOREST CITY DEVELOPMENT CA, INC., & LEWIS INVESTMENT CO., LLC; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - RDA ...... 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 5:30 p.m. E. CITY MANAGER ANNOUNCEMENTS ~ '.' F. RECESS , The closed session adjourned at 6:48 p.m. with no action taken. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 2 G. CALL TO GRDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council was held on Wednesday, June 4, 2008, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael called the meeting to order at 7:01 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, and Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael. Also present were: Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley, Management Analyst II; Linda Daniels, Redevelopment Director; Tranda Drumwright, Housing Programs Manager; John Gillison, Deputy City Manager/Administrative Services; Charles Scott, Sr. Information Services Specialist; Mike Toy, Information Services Specialist I; Dawn Haddon, Purchasing Manager; Mahdi Aluzri, Deputy City Manager/Community Development; Jon Gillespie, Traffic Engineer; Dave Blevins, Public Works Maintenance Manager; James Troyer, Planning Director; Tom Grahn, Associate Planner; Trang Huynh, Building and Safety Official; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Robert Karatsu, Assistant Library Director; Michelle Perera, Library Services Manager; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, City Clerk. Absent was Chairman/PresidenUMayor: Donald J. Kurth, M.D H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation in recognition of "Public Works Week," May 18-24, 2008 Dave Blevins, Public Works Maintenance Manager, commented on the Public Works open house to occur this Saturday from 10:00 a.m. to 2:00 p.m., and the activities associated with it. He added it would be held at the 9th Street City Yard facility. Mayor Pro Tem Michael and the City Council presented the Proclamation to the Public Works staff that were present. H2. Announcement regarding the 7'" Annual Ron Ives Bicycle Safety Rodeo to be held on June 14, 2008. Police Chief Cusimano told about Deputy Ron Ives and his efforts in establishing this bicycle rodeo. He stated the event would be held on Saturday, June 14th starting at 8:00 a.m. in the Epicenter parking lot. H3. Presentation of a Proclamation supporting the San Bernardino County Homeless Partnership. The Proclamation was presented to Isaac Jackson, Homeless Service Coordinator, County of San Bernardino. Mr. Jackson told about their program and the work they do Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 3 ...... Mayor Pro Tem Michael asked that item P2 be heard at this time in order for as many people to hear about it as possible. The minutes will remain in agenda order. •t.~.. I. PUBLiC COMMUNICATIONS 11. Bill Hanlon pointed out that Rancho Cucamonga did not have anything in the newspaper for any Memorial Day activities and commented on the cities that did. He mentioned the banner program pointing out that the City does not pay for these. He commented on a new sign to be built on Foothill Boulevard with an expense at $1.5 million. He displayed a Resolution from the County of San Bernardino that was presented to him for his work with Veterans and stated Rancho Cucamonga has done nothing. He stated the City declared May as Veterans Appreciation Month, but did nothing else to celebrate this. He asked how he could help to create more celebration for Veterans. 12. Susan Hauptman spoke about Young's Canyon Road and the new park in their neighborhood. She commented on all the traffic that is in their neighborhood, and that it is very dangerous for the children. She didn't feel her complaint has received the response it should have from the Police Department. She stated they would like to have an extension of the park so the kids can walk safely down the street to the park. She stated they have had a lot of burglaries in their neighborhood since this opened up. She stated they need something to divert traffic out of their neighborhood. She hoped a solution could be developed for everyone's safety. Mayor Pro Tem Michael stated they will have to do a thorough analysis of this and have the Public Works Subcommittee work on this. He added Ms. Hauptman is welcome to attend and will be notified of these meetings. 13. Carol Phillips, 25 year resident, stated she has a service where people can come into her business and they will pray for them. She continued talking about their service to help those people in need, but stated their hands are also being tied behind their backs. She wished the City could develop something like this to help people get back into society. She stated she is an advocate of Jesus Christ and hoped the City will help her and others that need to have a second chance. 14. Lora Scott commended the City for the Resource Center opening recently held. She stated there is an unmet need in every household. She read a spiritual message and stated everyone knows whose words these were. 15. Dee Barrow commented on Pomona and the number of illegals that are there and the situation that is going on and stated she did not agree with it. 16. Raymond Herrera felt the American creed has been violated by illegals in the country. He displayed pictures of what illegal aliens are doing. He commended the Police Department for the work they are doing. He felt people want illegals out of America so we can have our country back. 17. Robin Hvidston, Minuteman Project, stated she was also present on May 15th for the flag rally. She agreed Veterans should be recognized. She displayed a picture of vacant property being used as a hiring center and stated the owner did not want this. She also had other pictures and talked about other incidents regarding illegal aliens. She hoped the City will do what they can to stop illegal hiring. 18. John Lyons talked about Mayor Pro Tem Michael's career and service with the City and felt it is commendable. He stated he and others have volunteered to pay for banners for people that cannot afford to pay. He talked about voter turnout yesterday and how low it was. He encouraged everyone to vote in all elections. He continued commenting on yesterday's election. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 4 19. Jim Moffatt displayed the Historic Route 66 sign that is proposed. He felt anyone in the City knows Foothill Boulevard is Route 66 and didn't think we should pay $1.5 million for it. He felt sidewalks and roads getting fixed would be a better use of the money. He hoped the Council will reconsider this. He stated he still felt the City should pay for the banners. He felt there were a lot of businesses that would contribute to this program. 110. Ed Hill commented on the Run for the Wall event that he was involved in that took place on May 14th. He told about his interaction and discussion with the Veterans while participating. He told how he got so much from viewing this event and hoped the City will continue to support it. 111. Dianne Wright talked about the opening of Young's Canyon and the situation that was discussed by Susan Hauptman. She also pointed out there are no speed limit signs on Young's Canyon. She asked what it would take to get a traffic unit on Henderson Road. J. AGENCY/I'IRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo stated there are two memorials in the City at Alta Loma High School and also in front of Fire Station 1 on Amethyst. He stated it was also pointed out at the last meeting that there will be a Veterans Memorial at Central Park in the future. He stated the banner program does not have any money in the account because it is not needed. He stated there is financial assistance for any family that cannot afford a banner. James Markman, City Attorney, stated the City could adopt a budget to operate the banner program but that it would have to be decided whose banner would or would not go up because of funding available. He stated the program was set up so loved ones of military could honor their loved one by purchasing a banner. He stated he didn't understand the criticism of this program. He stated Council could change the banner policy if they want to. Councilmember Gutierrez stated the people here from North Etiwanda will be dealt with by the Public Works Subcommittee. He felt all the options will be looked at to come up with a solution. He stated the City does not operate or support a day laborer site. He stated it is a huge issue and the City wants to find a solution to this problem. Mayor Pro Tem Michael responded on Mr. Hill's comments and stated the City takes the Veterans very seriously. He told what the City did to help with the Run for the Wall event. He stated the City is still thinking about the best way to run the banner program. He commented on the memorial that will be in at Central Park. He asked Chief Cusimano to assist with the traffic problems on Young's Canyon. K. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Check Register dated May 14 through May 27, 2008 for the total amount of $1,703,986.30. K2. Approve to reject all bids received for the Compressed Natural Gas and Above Ground Fuel Tank Improvement project at the City Corporate Yard, as non-responsive to the needs of the City. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 5 K3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Above Ground Fuel Tank Improvement at the Citv Yard, to be funded from Redevelopment Agency 2008 Tax Allocation Bond Funds and City Fund 25 Capital Reserves. RESOLUTION NO. RA OS-006 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ABOVE GROUND FUEL TANK IMPROVEMENT AT THE CITY YARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K4. Approval to authorize the advertising of the "Notice Inviting Bids' for the Compressed Natural Gas Improvement Project at the Citv Yard, to be funded from Redevelopment Agency 2008 Tax Allocation Bond Funds and City Fund 25 Capital Reserves. RESOLUTION NO. RA 08-007 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "COMPRESSED NATURAL GAS IMPROVEMENT PROJECT AT THE CITY YARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K5. Approval to proceed with the biennial review of the Conflict of Interest Code for the Redevelopment Agency, Fire Protection District and City Council. K6. Approval of revisions to the Redevelopment Agency's First-Time Homebuyers Program. K7. Approval of Amendment No. 1 to County Agreement 05-603 (RA 01-021) which provides for funding to complete the Etiwanda and San Sevaine regional flood control improvement project, provides funding for the installation of a reinforced concrete box culvert at Foothill Boulevard, and allows the Agency's commitment to contribute to the debt service for the Federal Bureau of Reclamation Loan to be transferred to the debt service on bonds that were issued by the County of San Bernardino and used to refinance the Bureau Loan. K8. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $702,684.10, including Additive Bid items 1 through 4, to the apparent lowest responsive bidder, Herk Edwards, Inc. (RA 08-018), and authorize the expenditure of a 10% contingency in the amount of $70,268.41, for the Epicenter Stadium Seat Replacement, to be funded from RDA Stadium Complex Capital Improvement Funds, Acct. No. 2646801-5602. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Kurth absent). L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L9. Approval of Check Register dated May 14 through May 27, 2008, for the total amount of $388,928.73. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 6 L10. Approval to proceed with the biennial review of the Conflict of Interest Code for the Redevelopment Agency, Fire Protection District and City Council. L11. Approval to award a contract to Radio Satellite Integrators (RSI) (FD 08-010 / CO 08-063) who were selected through a competitive bid proposal, RFP 07/08-200, to furnish and install a Citywide automatic vehicle location (AVL) system, in the amount of $443,000.00, to be funded from the following accounts: 1712001-5200, $290,000.00 (Vehicle and Equipment Replacement Fund - O&M) and 3289501-5207, $153,000.00 (Fire District Capital Reserve Fund - O&M/Capital Supplies); and authorization to transfer $153,000.00 from Acct. No. 3289501-5603 (Capital Outlay Equipment) to Acct. No. 3289501-5207 (O&M/Capital Supplies) to facilitate the purchase. L12. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-08-2 (a proposal to build a single family residence located at 10059 Snow Drop Rd.). RESOLUTION NO. FD 08-018 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. 88-1, ANNEXATION NO. 88-08-2 MOTION: Moved by Spagnolo, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Kurth absent). M:'CONSENT CALENDAR -CITY COUNCIL M13. Approval of Check Register dated May 14 through May 27, 2008, and payroll ending May 27, 2008, for the total amount of $7,259,409.43 M14. Approve to reject all bids received for the Compressed Natural Gas and Above Ground Fuel Tank Improvement project at the City Corporate Yard, as non-responsive to the needs of the City. M15. Approval to authorize the advertising of the "Notice Inviting Bids" for the Above Ground Fuel Tank Improvement at the Citv Yard, to be funded from Redevelopment Agency 2008 Tax Allocation Bond Funds and City Fund 25 Capital Reserves. RESOLUTION NO. 08-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ABOVE GROUND FUEL TANK IMPROVEMENT AT THE CITY YARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M16. Approval to authorize the advertising of the "Notice Inviting Bids" for the Compressed Natural Gas Improvement Project at the Citv Yard, to be funded from Redevelopment Agency 2008 Tax Allocation Bond Funds and City Fund 25 Capital Reserves. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 7 RESOLUTION NO. 08-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "COMPRESSED NATURAL GAS IMPROVEMENT PROJECT AT THE CITY YARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M17. Approval to authorize the advertising of the "Notice Inviting Bids' for the Victoria Park Lane Pavement Rehabilitation from Fairmont Way to Rochester Avenue and 300' east of Day Creek Boulevard to Base Line Road, to be funded from Proposition 1 B Funds. REMOVED FROM AGENDA. TO COME BACK AT A FUTURE MEETING. RESOLUTION NO. 08-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M18. Approval of Resolutions pertaining to the November 4, 2008 General Municipal Election (Presidential Election). RESOLUTION NO. OS-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 4T" DAY OF NOVEMBER 2008, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH THE PRESIDENTIAL ELECTION TO BE HELD ON SAID DATE RESOLUTION NO. 08-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4T" 2008 M19. Approval to proceed with the biennial review of the Conflict of Interest Code for the Redevelopment Agency, Fire Protection District and City Council. M20. Approval to award a purchase from Dell, Inc. to provide one (1) lot of storage area network equipment and maintenance, utilizing Western States Contracting Alliance (WSCA), Contract No. A63307, in the total amount of $120,545, to be funded from Acct. No. 1001209-5605 (Capital Outlay- Computer Equipment). Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 8 M21. Approval to release Real Property Improvement Contract and Lien Agreement (CO OS-062) for Parcel 4 of Parcel Map 4270, located on the north side of Foothill Boulevard west of Hellman Avenue. RESOLUTION NO. OS-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PARCEL 4 OF PARCEL MAP 4270, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD WEST OF HELLMAN AVENUE M22. Approval and execution of Amendment No. 1 (03-117-A1) to Agreement No. 03-117 between the City of Rancho Cucamonga and the San Bernardino County Flood Control District (District) which provides refinancing of debt for improvements on the Etiwanda/San Sevaine Creek Improvement project. M23. Approval to award a contract to Radio Satellite Integrators (RSI) (CO 08-063 / FD OS-010) who were selected through a competitive bid proposal, RFP 07/08-200, to furnish and install a Citywide automatic vehicle location (AVL) system, in the amount of $443,000.00, to be funded from the following accounts: 1712001-5200, $290,000.00 (Vehicle and Equipment Replacement Fund - O&M) and 3289501-5207, $153,000.00 (Fire District Capital Reserve Fund - O&M/Capital Supplies); and authorization to transfer $153,000.00 from Acct. No. 3289501-5603 (Capital Outlay Equipment) to Acct. No. 3289501-5207 (O&M/Capital Supplies) to facilitate the purchase. M24. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance cash deposit and file a Notice of Completion for improvements for DRC2003-00719, located on the northeast corner of Day Creek Boulevard and Highland Avenue, submitted by Pacific Globe, Inc. RESOLUTION NO. 08-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00719 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M25. Approval to accept the Baker Avenue Grade Crossing, north of 8`" Street project, Contract No. 07-089, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the Acting City Engineer to file a Notice of Completion and approve the final contract amount of $199,619.20. RESOLUTION NO. 08-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BAKER AVENUE GRADE CROSSING, NORTH OF 8T" STREET PROJECT, CONTRACT NO. 07-089 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Pamela Easter, Assistant City Manager, stated item 17 is being removed from the agenda and will be brought back at a future meeting. 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 17. Motion carried unanimously 4-0-1 (Kurth absent). Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 9 N. CONSENT ORDINANCES N1. CONSIDERATION OF APPROVAL OF AN ORDINANCE CONTINUING THE ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2008/09 IN MELLO RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 ORDINANCE NO. FD 47 (second reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF. THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2008/09 Debra J. Adams, City Clerk, read the title of Ordinance No. FD 47. MOTION: Moved by Spagnolo, seconded by Williams to waive full reading and approve Ordinance No. FD 47. Motion carried unanimously 4-0-1 (Kurth absent). N2. MUNICIPAL CODE AMENDMENT DRC2007-00495 -CITY OF RANCHO CUCAMONGA - CONSIDERATION OF AN ORDINANCE PERTAINING TO TEMPORARY SIGNS AND AMENDING SECTIONS 14 08 350 14 16 010(P) AND 14.16.020 AND ADDING CHAPTER 14.25 TO THE RANCHO CUCAMONGA MUNICIPAL CODE. THIS ITEM IS EXEMPT PER SECTION 15061(8)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) BECAUSE THE ORDINANCE WILL IMPOSE GREATER LIMITATIONS ON USES TO REDUCE POTENTIAL SIGNIFICANT ADVERSE IMPACTS ORDINANCE NO. 792 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 14.08.350, 14.16.010(P) AND 14.16.020 AND ADDING CHAPTER 14.25 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING TEMPORARY SIGNS; AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk, read the title of Ordinance No. 792. MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and approve Ordinance No. 792. Motion carried unanimously 4-0-1 (Kurth absent). O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 10 01. DEVELOPMENT CODE AMENDMENT DRC2008-00307 -CITY OF RANCHO CUCAMONGA - Consideration of an ordinance prohibiting the establishment and operation of medical marijuana dispensaries in all land use zones within the City of Rancho Cucamonga and adding Chapter 17.44 to the City of Rancho Cucamonga Development Code Section 17 of the Municipal Code. This item is exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) because the ordinance will impose a greater limitation on uses, which includes a prohibition on establishing medical marijuana dispensaries to reduce potential significant adverse impacts. ORDINANCE NO. 793 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 17.44 TO TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, AND MAKING FINDINGS IN SUPPORT THEREOF A staff report was presented by James Troyer, Planning Director. Mayor Pro Tem Michael opened the meeting for public hearing. Addressing the City Council was: Ed Hill, member of the Drug Free Coalition, stated they recommend this be approved. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 793. MOTION: Moved by Williams, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 793 for the June 18, 2008 meeting. Motion carried unanimously 4-0-1 (Kurth absent). P. CITY MANAGER'S STAFF REPORTS P1. CONSIDERATION OF THE SAN BERNARDINO COUNTY HOME CONSORTIUM COOPERATION AGREEMENT (CO 08-064) - DRC2008-00434 -CITY OF RANCHO CUCAMONGA =Approval of a cooperation agreement with the County of San Bernardino Department of Community Development and Housing far participation in the County HOME Consortium. A staff report was presented by Tom Grahn, Associate Planner. Mayor Pro Tem Michael asked if this will make it easier to get more federal funding. Mr. Grahn stated yes. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve CO 08-064. Motion carried unanimously 4-0-1 (Kurth absent). P2. UPDATE ON SUMMER LIBRARY SERVICES DURING THE ARCHIBALD REMODEL (PowerPoint Presentation) A staff report and power point presentation were presented by Deborah Clark, Library Director, which is on file in the City Clerk's office. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 11 Mayor Pro Tem Michael commended Ms. Clark and the staff for all they do at both libraries. ACTION: Report received and filed. P3. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) Pamela Easter, Assistant City Manager, stated items P3 - P17 would be considered at one time A staff report was presented by Pamela Easter, Assistant City Manager, and Ingrid Bruce, GIS/Special Districts Manager. MOTION: Moved by Spagnolo, seconded by Gutierrez to approve Resolution Nos. 08-115 through 08- 129. Motion carried 4-0-1 (Kurth absent). P4. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2008-2009 SEE DISCUSSION AND ACTION UNDER ITEM P3. P5. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1, ZONES 1, 2. & 3), SERIES 2003-A RESOLUTION NO. OS-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2008-2009 (IMPROVEMENT AREA NO. 1, ZONES 1, 2, & 3), SERIES 2003-A SEE DISCUSSION AND ACTION UNDER ITEM P3. P6. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) RESOLUTION NO. 08-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) FOR FISCAL YEAR 2008-2009 Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 12 SEE DISCUSSION AND ACTION UNDER ITEM P3. P7. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) RESOLUTION NO. OS-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2008-2009 SEE DISCUSSION AND ACTION UNDER ITEM P3. P8. APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICT SEE DISCUSSION AND ACTION UNDER ITEM P3. P9. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) RESOLUTION NO. OS-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) SEE DISCUSSION AND ACTION UNDER ITEM P3. P10. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO 2001-01 (IMPROVEMENT AREA NOS. 1 & 2 SERIES A) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2008-2009 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A SEE DISCUSSION AND ACTION UNDER ITEM P3. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 13 P11. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2. ZONES 1 & 2), SERIES 2003-B RESOLUTION NO. 08-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2008-2009 (IMPROVEMENT AREA NO. 2, ZONES 1 & 2), SERIES 2003-B SEE DISCUSSION AND ACTION UNDER ITEM P3. P12. APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) W ITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. OS-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2008-2009 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS SEE DISCUSSION AND ACTION UNDER ITEM P3. P13. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3 ZONE 7 SERIES B) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2008-2009 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001- 6 SEE DISCUSSION AND ACTION UNDER ITEM P3. P14. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) W ITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) FOR FISCAL YEAR 2008-2009 SEE DISCUSSION AND ACTION UNDER ITEM P3. P15. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITH NO INCREASE TO THE CURRENT RATE Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 14 RESOLUTION NO. 08-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) SEE DISCUSSION AND ACTION UNDER ITEM P3. P16. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS RESOLUTION NO. 08-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2003-03 (RANCHO SUMMIT) FOR TAX YEAR 2008-2009 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS SEE DISCUSSION AND ACTION UNDER ITEM P3. P17. APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 {DRAINAGE AND LAW ENFORCEMENT) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 08-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) SEE DISCUSSION AND ACTION UNDER ITEM P3. Q. _COUNCIL & AGENCY BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo talked about a pool drowning that recently happened in the City. He told people to be responsible to prevent drownings. He stated the Fire Department has tags to identify people that are supposed to be water watchers while people are swimming in the pool. He told people to call the Fire Department at 477-2770 to get involved in this program. Councilmember Gutierrez stated the Council attended the playschool graduation for about 350 preschoolers and how fun it was. He stated he appreciated living in a City that has quality programs. He stated he was glad we passed the medical marijuana ordinance. He stated he agreed with Councilmember Spagnolo about the importance of the water watcher program. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 15 Councilmember W illiams commended the Community Services staff for the organization of the playschool graduation. She slated it is one of her favorite events. She commented on the low voter turnout yesterday and felt it was a shame and didn't understand it. She stated people complain about who gets elected, but don't vote to do anything about it. She commented on Proposition 98 and 99 that were on the ballot. She commented on the state's budget and stated Rancho Cucamonga is represented by Senator Bob Dutton and Assemblyman Bill Emmerson, and that they are very supportive of local government. Mayor Pro Tem Michael encouraged everyone to go to the City Yard on Saturday for the Public Works Open House. He also talked about the senior dinner and auction to be held on Sunday from 4:00 p.m. - 7:00 p.m., with proceeds going to the hot meal delivery program for homebound seniors. He commented on the June 14th Ron Ives Bicycle Rodeo. He commented on the Resource Center opening previously held. He also mentioned the playschool graduation and stated he heard from someone that was very appreciative of seeing the Council in attendance. 02. CONSIDERATION OF A MOBILE HOME RENTAL ASSISTANCE PROGRAM (RDA) A staff report was presented by Tranda Drumwright, Housing Programs Manager. Councilmember Gutierrez stated the subcommittee is trying to help the residents in the mobile home parks. He stated he is very much in favor of offering this program to the people that need it. Mayor Pro Tem Michael stated he agreed with Councilmember Gutierrez. He clarified if this is for people that own a mobile home. Tranda Drumwright, Housing Programs Manager, stated that is correct. Mayor Pro Tem Michael stated he also supports this and hoped the Council will approve this. MOTION: Moved by Spagnolo, seconded by Williams to approve the Subcommittee's recommendation. Motion carried unanimously 4-0-1 (Kurth absent). 03. CONSIDERATION OF RECOMMENDATION FROM THE COMMUNITY SERVICES CITY COUNCIL SUBCOMMITTEE REGARDING AN APPOINTMENT TO THE RANCHO CUCAMONGA COMMUNITY FOUNDATION A staff report was presented by Councilmember Williams. She stated she and Councilmember Spagnolo are recommending Judy Gibson be appointed to a four-year term. She stated Judy is ready to come back on the Commission. MOTION: Moved by Michael, seconded by Spagnolo to appoint Judy Gibson. Motion carried unanimously 4-0-1 (Kurth absent). 04. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Michael stated Omnitrans is promoting "Dump the Pump" for June 19th and is giving free rides. He stated this is to reduce gas usage. He encouraged the public to participate. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING Mayor Pro Tem Williams asked that a presentation be made to the Council on the "Face to Face" program, and would like to know how the program is doing. She stated is it about people being released from jail and the assistance that is offered to them to get back into society. Redevelopment Agency, Fire Protection District, City Council Minutes June 4, 2008 Page 16 Pamela Easter, Assistant City Manager, stated they would do this. S. ADJOURNMENT The meeting adjourned at 9:09 p.m. Respectfully submitted, ~~~~~~ ~ Debra J. Adams, CMC Assistant Secretary/Secretary/City Clerk Approved: June 18, 2008