HomeMy WebLinkAbout2009/04/01 - MinutesApril 1, 2009
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session
on Wednesday, April 1, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center
Drive, Rancho Cucamonga, California. The meeting was called to order at 5:40 p.m. by
Chairman/PresidenUMayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnclo,
Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, Executive Director/City Manager; Pamela Easter, Assistant City
Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services
and Linda D. Daniels, Redevelopment Agency Director.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S)
Chairman/PresidenUMayor Donald J. Kurth announced the closed session items:
61. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN
GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY
MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA,
City, Fire
82. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) -HAROLD KELESHIAN V CITY OF RANCHO
CUCAMONGA-CASE NUMBER CIVRS 703425 -City
63. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - ZELLAR V. CITY OF RANCHO
CUCAMONGA -City
B4. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - FREEDOM FROM RELIGION
FOUNDATION, INC V CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE
NUMBER 2:08-CV-07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL
DISTRICT OF CA, EASTERN DIVISION -RDA
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION
ITEM S
No one was present to comment on the closed session item.
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Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 2 of 13
,~.,,, r=~ ,D CONDUCTi:',OF~CwLOSEllsSESSION~,~ ,~
Closed session began at 5:40 p.m.
E.CITY`1VIANAGERANNOLTNCEiVIENyTS
No announcements were made.
F. RECESS:
The closed session adjourned at 6:45 p.m. with no action taken.
," -;G .REGULAR~MEET~ING..
,..
CALL TQ ORDER 7 00 P M..:;.
COUNCIL,GHAMBERS, ,
The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive,
Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to
order at 7:03 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; Jim Frost, City Treasurer;
John Gillison, Deputy City Manager/Administrative Services; Pamela Easter, Assistant City Manager;
Linda Daniels, RDA Director; Larry Henderson, Principal Planner; Peter Bryan, Fire Chief; Chief Joe
Cusimano, Rancho Cucamonga Police Department; Robert Karatsu, Library Director; Trang Huynh,
Building and Safety Official; Mark Steuer, Director of Engineering Services/City Engineer; Debra
McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk.
.,,,.
H1. Presentation of a Proclamation to St. Peter & St. Paul School in recognition of 25 years of
early education and proclaiming April as "Month of the Young Child" by the National
Association for the Education of Young Children (NAEYC).
Mayor Kurth presented a Proclamation to Patty Ferrer, Principal of St. Peter & St. Paul School, and
proclaimed April as "Month of the Young Child."
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April 1, 2009
Page 3 of 13
H2. Presentation of Certificates of Achievement to the Chaffey College Men's Basketball Team
for being Southern California Regional Finalists.
Mayor Kurth presented certificates of achievement to the Chaffey College Men's Basketball Team
and congratulated them on their accomplishments.
H3. Presentation of a Proclamation in recognition of April as "Organ Donation Month."
Mayor Kurth presented a Proclamation to Michael Adams, Onelegacy Ambassador and proclaimed
April as "Organ Donation Month."
H4. Presentation of a Proclamation in recognition of April as "Child Abuse Prevention Month."
Mayor Kurth presented a Proclamation to Lynda Van Hoof, Business Development Coordinator with
Arrowhead Regional Medical Center, and proclaimed April as "Child Abuse Prevention Month."
I. PUBLIC COMMUNICATIONS
11. Hank Stoy addressed Agenda Item P.2. (Red Hill Traffic Survey) and indicated that there are better
solutions than closing the street. He asked that the Council authorize the survey and suggested that a
couple of blank lines be included for comments.
12. Patricia Dickinson addressed Agenda Item P.1. (Mason Appeal) and asked that the Council uphold
the decision.
13. Robert Santa Cruz addressed Agenda Item P.1. (Mason Appeal) and asked that the decision be
upheld.
14. Teri Martinez addressed Agenda Item P.1. (Mason Appeal) and supported the Hearing Officer's
decision.
15. Marcella Briowes addressed Agenda Item P.1. (Mason Appeal) and indicated that the actions of Mr.
Herrera's associates should be addressed as well.
16. Darly Smathers addressed Agenda Item P.2. (Red Hill Traffic Survey) and supported the study's
conclusion to put up a gate.
17. Sergio Martinez addressed Agenda Item P.1. (Mason Appeal) and stated that the ruling was
appropriate and fair.
18. Kelley Olney addressed Agenda Item P.I. (Mason Appeal) asked that the Council uphold the
decision.
19. Gail Marlow-Dickey addressed Agenda Item P.2. (Red Hill Traffic Survey) and requested that the
street be closed.
110. Patty Anderson addressed Agenda Item P.1. (Mason Appeal) and spoke in support of the
decision.
111. A.R. Florez spoke in opposition to the Cucamonga Valley Water District's proposed Ordinances 47
and 48.
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April 1, 2009
Page 4 of 13
112. Lindsey Crowe invited the Council and the audience to a Bingo fundraiser sponsored by 4 A Safe
Ride Home to be held on April 17, 2009 at Central Park.
113. Chauncey and Jon Salman requested help in acquiring grapevines to be planted at their home.
114. John Lyons addressed Agenda Item P.1. (Mason Appeal) and stressed the need to address this
situation.
115. Jim Moffatt addressed Agenda Item P.2. (Red Hill Traffic Survey) and encouraged the Council to
survey the community.
116. Jim Frost spoke about the Run for the Wall event, which will be held May 13 - 24, 2009.
117. Karen Pusateri addressed Agenda Item P.1. (Mason Appeal) and asked for the City Council's
support in addressing this matter.
118. Kathie Shimansky addressed Agenda Item P.2. (Red Hill Traffic Survey) and supported the
closure of the street.
J. CONSENT CALENDAR- REDEVELOPMENT AGENCY
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Agency at one time without discussion. Any item may be
removed by an Agencymember for discussion.
J1. Approval of Minutes: March 12, 2009 (Jt. Meeting w/Planning Commission) .
March 18, 2009 (Regular Meeting)
March 23, 2009 (Special Meeting -Consensus Building)
J2. Approval of Check Register dated March 11 through March 24, 2009, for the total amount of
$2,033,385.71.
J3. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $339,698.20 to the apparent low bidder, Mega Way Enterprises (RA 09-006) /
CO 09-176), and authorize the expenditure of a 10% contingency in the amount of
$33,969.82, for the Foothill Boulevard / Etiwanda Avenue sidewalks and Block Walls, and the
Wilson Avenue Median Modification at Fields Place Project to be funded from Measure I
Funds, Account Nos. 11763035650/1675176-0, 11763035650/1670176-0 and
11763035650/1671176-0, RDA Funds, Account No. 2640801-5650/1670640-0 and LMD9
Funds, Account No. 11393035650/1671139-0 and appropriate $60,000.00 to Account No.
11763035650/1675176-0, $150,000.00 to 11763035650/1670176-0 and $35,000.00 to
Account No. 11763035650/1671176-0 from Measure I fund balance, $151,500.00 to Account
No. 2640801-5650/1670640-0 from RDA fund balance and $57,000.00 to Account No.
11393035650/1671139-0 from LMD9 fund balance.
J4. Approval to release Maintenance Guarantee Bond No. 1000782876 in the amount of
$5,304.00 for Stadium Outfield Fence Replacement Project, Contract No. RA 08-003.
J5. Approval to accept the Epicenter Cross-Aisle Waterproofing Project, Contract RA 08-016 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 $146,343.00.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 5 of 13
RESOLUTION NO. RA 09-002
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
EPICENTER CROSS-AISLE WATERPROOFING PROJECT,
CONTRACT RA OS-016 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
K.. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Fire Board at one time without discussion. Any item may be
removed by a Boardmember for discussion.
K1. Approval of Minutes: March 12, 2009 (Jt. Meeting w/Planning Commission)
March 18, 2009 (Regular Meeting)
March 23, 2009 (Special Meeting -Consensus Building)
K2. Approval of Check Register dated March 11 through March 24, 2009, for the total amount of
$96, 573.05.
K3. Approval of Fire Agencies Insurance Risk Authority (FAIRA) JPA Governing Board of Directors
Representation Re-Election.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
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.L. CONSENT CALENDAR-CITY COUNCIL
The following Consent Calendar items are expected to be routine and non-controversial.
They will be acted upon by the Council at one time without discussion. Any item may be
removed by a Councilmember for discussion.
L1. Approval of Minutes: March 12, 2009 (Jt. Meeting w/Planning Commission)
March 18, 2009 (Regular Meeting)
March 23, 2009 (Special Meeting -Consensus Building)
L2. Approval of Check Register dated March 11 through March 24, 2009, and payroll ending
March 24, 2009, for the total amount of $3,631,564.71.
L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2008/2009 Bus
Bay Driveway and ADA Access Ramp Improvements at Various Locations, to be funded from TDA-
Article 3 Grant Fund and Measure "I" Fund.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 6 of 13
RESOLUTION NO. 09-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE FY 2008/2009 BUS BAY, DRIVEWAY AND
ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Park Lane
Pavement Rehabilitation from Fairmont Way to Rochester Avenue and from 300' east of Dav Creek
Boulevard to Base Line Road, to be funded from Proposition 1 B Funds.
RESOLUTION NO. 09-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE VICTORIA PARK LANE PAVEMENT
REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE
AND FROM 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
L5. Approval to accept grant revenue in the amount of $175,917.00 from the United States Office
of Justice Programs, Byrne Justice Assistance Grant through the American Recovery and
Reinvestment Act (JAG) (CO 09-174 / Interlocal Agreement), and approval to pay the County of
San Bernardino Law and Justice group a fee of five percent ($8,796.00) for administrative costs.
L6. Approval of a request from "4 A Safe Ride Home' organization for the waiver of Central Park
room rental fees for a fundraising event to be held on April 7, 2009.
L7. Approval to renew existing contract number 05-124 with Brodart, Inc., to provide book
processing and technical services to the Rancho Cucamonga Library Services for an additional
three (3) years, renewable in one (1) year increments upon mutual consent, and expend approved
funding in accordance with the adopted budget line items for Acct. Nos. 1290606-5200 and 5300
and 1290607-5200 and 5300.
L8. Approval of Development Impact Fee Deferral Agreement between the City of Rancho
Cucamonga and Bella Victoria, LP (Developer/Owner) (CO 09-175) for the residential property
described in Exhibit "A" of the Agreement generally located at the northwest corner of East Avenue
and Miller Avenue identified as Tract Map No. 17919.
RESOLUTION NO. 09-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT IMPACT
FEE DEFERRAL AGREEMENT
L9. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $339,698.20 to the apparent low bidder, Mega Way Enterprises (CO 09-176) / RA
09-006), and authorize the expenditure of a 10% contingency in the amount of $33,969.82, for the
Foothill Boulevard / Etiwanda Avenue sidewalks and Block Walls, and the Wilson Avenue Median
Modification at Fields Place Project to be funded from Measure I Funds, Account Nos.
11763035650/1675176-0, 11763035650/1670176-0 and 11763035650/1671176-0, RDA Funds,
Account No. 2640801-5650/1670640-0 and LMD9 Funds, Account No. 11393035650/1671139-0
and appropriate $60,000.00 to Account No. 11763035650/1675176-0, $150,000.00 to
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 7 of 13
11763035650/1670176-0 and $35,000.00 to Account No. 11763035650/1671176-0 from Measure I
fund balance, $151,500.00 to Account No. 2640801-5650/1670640-0 from RDA fund balance and
$57,000.00 to Account No. 11393035650/1671139-0 from LMD9 fund balance.
L10. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $239,300.00 including Additive Bid Item No. 1 to the apparent low bidder, Silvia
Construction, Inc. (CO 09-177), and authorize the expenditure of a 10% contingency in the amount
of $23,930.00 for the Arrow Route Pavement Rehabilitation from Milliken Avenue to Rochester
Avenue, to be funded from Prop. 1 B Funds, Acct. No. 1194303-5650/1690194-0.
L11. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance bond and file a Notice of Completion for improvements for CUP 99-53, located at the
northwest corner of 6'" Street and Haven Avenue, submitted by Rancho Haven, LLC.
RESOLUTION NO. 09-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR CUP 99-53 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
L12. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance bond and file a Notice of Completion for improvements for DRC2006-00127 (PM
17866), located on the east side of Rochester Avenue, south of Foothill Boulevard, submitted by
WF Construction. Inc.
RESOLUTION NO. 09-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2006-00127 (PM 17866) AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
L13. Approval to release Maintenance Guarantee cash deposit for Parcel Map 17938, located on
the east side of Pittsburgh Avenue at 5~" Street, submitted by Rock-Pitt, LLC.
L14. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 18680, located
at 9275 Charles Smith Avenue, submitted by the William Fox Groups, Inc.
RESOLUTION NO. 09-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 18680 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L15. Approval to accept the Improvements, release the Faithful Performance Bond and file a
Notice of Completion for improvements for Tract 16726, located at the northwest corner of Day
Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L. P.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 8 of 13
RESOLUTION NO. 09-057
A RESOLUTION OF ;THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16726 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff
reports for the remaining items. Motion carried 5-0.
`M.' CONSENT OItnINANCES -
The following Ordinances may have had public hearings at the time of first reading. Second
readings are expected to be routine and non-controversial. The Agency, Fire Board, or
Council will act upon them at one time without discussion. The City Clerk will read the title.
Any item can be removed for discussion by an Agencymember, Boardmember, or
Councilmember.
M1. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT-
DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building
separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet
to 8 feet for two-story buildings within the Medium-High Residential Development District (14-24 d/u
per acre) of the Terra Vista Community Plan. Related files: Tentative Tract Map SUBTT18710,
Development/Design Review DRC2008-00306 and Variance DRC2008-00762. Staff has prepared
a Mitigated Negative Declaration of Environmental Impacts for consideration.
ORDINANCE NO. 811 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY
PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE
FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO
16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION
REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX
AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE
MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING
UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND
MAKING FINDINGS IN SUPPORT THEREOF
M2. CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS
ORDINANCE NO. 812 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING TECHNICAL CHANGES TO THE
CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE,
RANCHO CUCAMONGA MUNICIPAL CODE
MOTION: Moved by Michael, seconded by Gutierrez, to adopt Ordinance Nos. 811 and 812 for
second reading. Motion carried 5-0.
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Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 9 of 13
N. ADVERTISED PUBLIC HEARINGS
FIRE PROTECTION DISTRICT
The following items have been advertised andlor posted as public hearings as required by
law. The President will open the meeting to receive public testimony.
N1.
ELECTORS
RESOLUTION NO. FD 09-009
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE
PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 09-1)
TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND
CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL
OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF
SUCH TERRITORY
Jack Lam, City Manager, presented the staff report.
President Kurth opened the public hearing. As no one wished to speak, President Kurth closed the
public hearing.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. FD 09-009. Motion
carried 5-0.
O. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL "
The following items have been advertised andlor posted as public hearings as required by
law. The Mayor will open the meeting to receive public testimony.
01. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CREATION OF REVENUE
ENHANCEMENT ZONES WITHIN THE CITY FOR THE PURPOSE OF GENERATING
ADDITIONAL PROPERTY TAX REVENUE FOR THE CITY OF RANCHO CUCAMONGA (CO 09-
178)
RESOLUTION NO. 09-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE CREATION OF
REVENUE ENHANCEMENT ZONES WITHIN THE CITY FOR THE
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 10 of 13
PURPOSE OF GENERATING ADDITIONAL PROPERTY TAX REVENUE
FOR THE CITY OF RANCHO CUCAMONGA
John Gillison, Deputy City Manager/Administrative Services, presented the staff report
In response to Mayor Pro Tem Michael, Mr. Gillison noted that this action does not raise property
taxes. It is a tax sharing agreement whereby the County redistributes to the City a small portion of the
property taxes it receives for certain properties.
Mayor Kurth opened the public hearing. As no one wished to speak, Mayor Kurth closed the public
hearing.
MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. 09-058. Motion carried
5-0.
02.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
OF MULTI-FAMILY HOUSING REVENUE BONDS FOR SAN SEVAINE
VILLAS
Tranda Drumwright, Housing Programs Manager, presented the staff report.
Mayor Kurth opened the public hearing. As no one wished to speak, Mayor Kurth closed the public
hearing.
MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. 09-059. Motion carried
5-0.
• P. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
P1
Fabian Villenas, Principal Management Analyst, presented the staff report.
Jim Markman, City Attorney, reminded the City Council that the hearing was not for the purpose of
taking in more evidence. He referenced the evidence that had been collected on this matter and
indicated that this evidence had been provided to the City Council. Mr. Markman stated that the
purpose of the meeting is to consider the appeal. The City Council may adopt the findings and affirm
the abatement order, uphold the appeal or to modify the order in some way. He indicated that he had
personally spoken to the appellant's attorney, who had requested several continuances and who is
RESOLUTION NO. 09-059
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 11 of 13
aware of tonight's hearing. He suggested that the Mayor inquire if the appellant's attorney was
present.
No one representing the appellant came forward in response to the Mayor's request.
Patrick K. Bobko, Esq., of Richards, Watson & Gershon, representing the City, addressed the City
Council.
In response to Mayor Pro Tem Michael, discussion was held regarding any additional measures that
could be taken. Mr. Bobko indicated that the order is as broad as it can be. Mr. Markman discussed
the ramifications of the abatement order.
In response to Councilmember Spagnolo, Mr. Markman assured the City Council that every remedy
available to the City would be explored if the abatement order was violated.
Mr. Bobko noted that Mr. Herrera is on probation and noted that there are conditions attached to the
probation.
Councilmember Williams confirmed for the record that all avenues available to the appellant were
made available to her. Mr. Bobko confirmed to the Council that an independent hearing officer
conducted the hearing and that all parties had an opportunity to participate and to cross examine each
other's witnesses.
In response to Councilmember Gutierrez, discussion was held regarding access to the neighbor's
utility box. Mr. Markman suggested that Building and Safety look into possible remedies to this
situation.
Mayor Pro Tem Michael requested that staff look at the processes to see if situations like this could be
addressed quicker in the future. He apologized to the neighborhood.
Councilmember Spagnolo had hoped that the appellant would be present to defend the actions taken
against the neighborhood. Mayor Kurth agreed, noting that this is infuriating and hoped that justice will
be served and peace established in the neighborhood. The rest of the Council concurred.
MOTION: Moved by Michael, seconded by Williams, to adopt the factual findings contained in the
October 30, 2008 decision and administrative abatement order issued by Hearing Officer Glenn M.
Gottlieb, to affirm all orders entered in that decision and to deny the appeal of the decision and order.
Motion carried 5-0.
P2. APPROVAL TO CONDUCT A SURVEY OF RED HILL AREA RESIDENTS -- RELATED TO
THE RED HILL TRAFFIC STUDY
Jon Gillespie, Traffic Engineer, presented the staff report.
Councilmember Williams suggested that the survey language be amended to list the City's physical
location as well as mailbox number.
In response to Mayor Kurth, Mr. Gillespie confirmed the need for a survey. Mayor Pro Tem Michael
recognized that it would provide information and stressed that the Council would need to make a final
decision once the survey results are available.
Councilmember Gutierrez noted that the survey is necessary and will help the Council with their
decision.
MOTION: Moved by Michael, seconded by Williams, to direct staff to conduct a survey of Red Hill
area residents related to the Red Hill Traffic Study. Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 12 of 13
P3. ADDITIONAL INFORMATION TO ASSIST IN REVIEWING THE QUALIFIED DEVELOPER
CANDIDATES FOR THE PROPOSED 1,200 ACRE CITY -COUNTY PROJECT
Pamela Easter, Assistant City Manager, presented the staff report.
In response to Councilmember Gutierrez, Mrs. Easter referenced the questions received by the
Council.
Discussion was held regarding other information desired by the City Council. Mayor Pro Tem Michael
cautioned the Council against requiring videos and noted that site visits should not be considered
when some sites were quite a distance away and not all of them could reasonably be visited.
Councilmember Williams concurred and indicated that thorough answers to the questions would be
helpful.
In response to Mayor Kurth, Mr. Markman addressed the City Council's role in this matter. It was noted
that the Council would make a recommendation to the County Board of Supervisors on the two top candidate
developers for each area. The County Board of Supervisors will make the final decision.
MOTION: Moved by Michael, seconded by Williams, to direct staff to forward the questions to the
qualified developer candidates for their response by April 30, 2009. Motion carried 5-0.
Q. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion
Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo noted the passing of Grace Curatalo and suggested that the meeting be
adjourned in her memory.
Councilmember Gutierrez thanked the neighbors for their patience with the nuisance abatement
process. He invited the community to an Easter Egg Hunt on April 11, 2009 at Central Park and invited
people to register online at www.vineyardpress.com.
Mayor Pro Tem Michael reminded everyone of the upcoming Job Fair sponsored by Congressman
Dreier on April 8, 2009 at 8:00 a.m. at Central Park.
Councilmember Williams spoke about the importance of donating organs and Organ Donor Month.
She congratulated the Inland Empire Ballet for their partnership with the Healthy RC program.
Mayor Kurth also noted the passing of Grace Curatalo. He appreciated the. City Council's work tonight
and felt that some important matters were accomplished.
Q2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo referenced the State's projected $8 Billion deficit and noted that it could be
higher pending the outcome of the upcoming election. He noted that the City's Task Force is focused
on taking advantage of any Economic Stimulus opportunities. Lastly, Councilmember Spagnolo
reported on a positive meeting that he had attended, noting several retailers had indicated that they
would be expanding their store locations.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 1, 2009
Page 13 of 13
Mayor Pro Tem Michael reported that Chaffey College will be receiving funding to build an Omnibus
Transit Center on their campus.
Q3. CONSIDERATION OF AD HOC COMMITTEE TO DISCUSS TRASH COLLECTION
REQUIREMENTS AND ILLEGAL DUMPING (Oral)
Councilmember Spagnolo suggested that an Ad Hoc Committee be established to discuss mandatory
trash collection and illegal dumping.
MOTION: Moved by Spagnolo, seconded by Williams, to establish an Ad Hoc Committee and to
appoint Council members Spagnolo and Williams to the committee. Motion carried 5-0.
1d}.!F
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
R. ADJOURNMENT
Mayor Kurth recessed the meeting to Closed Session at 10:06 p.m. The meeting adjourned at 11:20
p.m. in memory of Grace Curatalo.
Respectfully submitted,
~'~~~~
De ra L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: April 15, 2009