HomeMy WebLinkAbout2008/12/17 - MinutesDecember 17. 2008
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on Wednesday,
December 17, 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 5:15 p.m. by Chairman/Mayor Donald J.
Kurth.
Present were Agencymembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice
Chairman L. Dennis Michael and Chairman Donald J. Kurth.
Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; Craig Fox,
Assistant City Attorney; Mahdi Aluzri, Deputy City Manager/Community Development; Linda D. Daniels,
Redevelopment Agency Director.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Chairman Kurth announced the closed session items:
CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
CHURCH AND ARBOR LANE; AGS HOMEBUILDER 1, LLC, AND LINDA D. DANIELS, RDA
DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT- RDA
CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF SAN
BERNARDINO ROAD, WEST OF KLUSMAN AVENUE; LINDA D. DANIELS, RDA
DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF PROPOSAL -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 5:15 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
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Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 2
F. RECESS
The closed session adjourned at 6:30 p.m. with no action taken.
G. REGULAR MEETING
CALL.TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
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/President/Mayor Donald J. Kurth called the meeting to order
at 7:01 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane
Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth.
Also present were: Jack Lam, City Manager; Craig Fox, Assistant City Attorney; Pamela Easter,
Assistant City Manager; Mahdi Aluzri, Deputy City Manager/Community Development; Trang Huynh,
Building and Safety Official; Mark Steuer, Director Engineering Services/City Engineer; James Troyer,
Planning Director; Linda D. Daniels, Redevelopment Agency Director; Robert Karatsu, Library Director;
Dave Blevins, Public Works Director; Kevin McArdle, Community Services Director; Chief Joe Cusimano,
Rancho Cucamonga Police Department; Peter Bryan, Fire Chief and Debra McKay, Records
Manager/Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
Presentation by Joe Bert, President of the Rancho Cucamonga Rotary Club, of the final check
for the Library Reading Room.
The Rotary Club Presidents from 2003/04 (Ed Brebrich), 2004/05 (Mike Cobb), 2005/06 (Andrea Shields),
2006/07 (Diane O'Neal), 200708 (William Roman) and 2008/09 (Joe Bert) awarded a $10,000 check to
the City Council for the Library Reading Room. This was the last payment earmarked to the Reading
Room; $50,000 was donated in total. Mayor Kurth and the City Council thanked the Rotary Club for their
outstanding contribution.
2. Presentation of a proclamation to Library Services Manager Michelle Perera for receiving the
"Award of Excellence" by the California Library Association at their recent annual conference.
Mayor Kurth presented a proclamation to Michelle Perera in recognition of her accomplishments.
3. Presentation of a plaque to Deborah Kaye Clark in recognition for her retirement as Library
Director.
Mayor Kurth presented a plaque and proclamation to Deborah Clark in recognition of her retirement.
4. ADDED ITEM: Rancho Cucamonga Police Department Holiday Crime Prevention Information.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 3
Joe Cusimano, Police Captain, presented Holiday Crime Prevention information.
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I. PUBLIC COMMUNICATIONS
11. Amber Starbuck, Public Affairs Manager for the Gas Company, announced the possibility of lower gas
bills this winter. She urged everyone to properly maintain their furnaces.
12. Jim Moffatt addressed the potential restriction of smoking in various public places. He did not see the
need to prohibit smoking in restaurant patios.
13. John Lyons reminded everyone to eat and shop in Rancho Cucamonga. He also cautioned the
audience not to drink and drive.
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.
1. Approval of Minutes: July 2, 2008 (Regular Mtg. -Canceled due to holiday)
November 19, 2008 (Regular Meeting)
December 3, 2008 (Regular Meeting)
2. Approval of Check Register dated November 26 through December 9, 2008, for the total
amount of $485,829.01.
3. Approval of an appropriation from fund balance to Acct. No. 2500801-5515 in the amount of
$1,342,890 for the payment of pass thru payments to various taxing entities as required by AB
1290.
4. Approval of an increase to Contract No. RA 05-031 in the amount of $77,500 to Dan Guerra &
Associates, authorize the expenditure of a 10% contingency in the amount of $7,750 and
approve Contract Change Order No. 2 for additional design services for the East Avenue
Master Plan Storm Drain, to be funded from Lower Etiwanda Drainage Funds, Acct. No.
1126303-5650/1584126-0, and appropriate an additional amount of $85,250 to Acct. No.
1126303-5650/1584126-0 from Lower Etiwanda Drainage Fund Balance.
5. Approval to accept the bids received, award the execution of a contract in the amount of
$14,828.00 to the apparent low bidder, Econo Fence, Inc. (RA 08-034) of Riverside, California
and authorize the expenditure of a fabrication of the Epicenter handrails to be funded from
2646801-5602 (Sports Complex Capital Improvements) and appropriate $16,310 from the
Sports Complex Capital Improvement Fund Balance.
6. Approval of a Resolution and a Cooperative Agreement between the State of California and
the City of Rancho Cucamonga for the improvement of the southbound I-15 Freeway off-ramp
at Foothill Boulevard, and appropriate $1,052,000.00 to Acct. No. 2650801-5650/1714650-0
from Fund 650 (Public Improvements-2001 TAB) Fund Balance.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 4
RESOLUTION NO. RA OS-013
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA
AND THE CITY OF RANCHO CUCAMONGA
MOTION: Moved by Spagnolo, seconded by Williams, 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.
Approval of Minutes: July 2, 2008 (Regular Mtg. -Canceled due to holiday)
November 19, 2008 (Regular Meeting)
December 3, 2008 (Regular Meeting)
Approval of Check Register dated November 26 through December 9, 2008, for the total
amount of $29,256.61.
3. Approval of a Resolution declaring results of a Special Election in Community Facilities District
No. 85-1, Annexation No. OS-1 (CRE7, LLC -APN 0208-101-22, 23, 24 & 25).
RESOLUTION NO. FD 08-039
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. 08-1
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried 5-0.
..._.,
L. CONSENT CALENDAR -CITY COUNCIL
The following Consent Calendar items are expected to be routine and noncontroversial. They
will be acted upon by the Council at one time without discussion. Any item may be removed
by a Councilmember for discussion.
Approval of Minutes: July 2, 2008 (Regular Mtg. -Canceled due to holiday)
November 19, 2008 (Regular Meeting)
December 3, 2008 (Regular Meeting)
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 5
2. Approval of Check Register dated November 26 through December 9, 2008, and payroll
ending December 9, 2008, for the total amount of $2,965,711.28.
3. Approval of plans and specifications for the "Epicenter Stadium Locker Room Shower Tile
Replacement" and authorize the City Clerk to advertise the Notice Inviting Bids, to be funded
from Account Number 1025001-5602 (Capital Reserve).
RESOLUTION NO. 08-246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR EPICENTER STADIUM LOCKER ROOM
SHOWER TILE REPLACEMENT AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
Approval of plans and specifications for the "West Beryl, Park Sport Light Wire Replacement
Project" and authorize the City Clerk to advertise the Notice Inviting Bids.
RESOLUTION NO. 08-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR WEST BERYL PARK SPORT LIGHT WIRE
REPLACEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS
5. Approval of the Community Services Update Report.
6. Approval and authorize the Mayor to execute a Transferred and New Municipal Departing
Load Non-bypassable Charges and Cost Responsibility Surcharge Agreement with Southern
California Edison (CO 08-179).
Approval of a Resolution updating the existing Conflict of Interest Code for designated
personnel.
RESOLUTION NO. 08-049 (I)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED CONFLICT OF
INTEREST CODE WHICH INCORPORATES BY REFERENCE THE
STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR
POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION
NO. 80-049(H)
8. Approval for award and authorize the execution of a professional services agreement with
Aufbau Corporation (CO 08-181) of Rancho Cucamonga for the creation of the plans, technical
and standard specifications, and estimates for various bridge maintenance work within the City
in the amount of $209,187 ($190,170 contract amount plus a 10% contingency of $19,017) to
be funded from 1112303-5650/1542112-0 (Drainage Fac/General).
9. Approval to release Maintenance Cash Deposit for DRC2005-00704, located on the west side
of Hellman Avenue 300 feet south of Arrow Route, submitted by KBARCO, LLC.
10. Approval to release Maintenance Guarantee Bond for Tract 16567 located between Foothill
Boulevard and San Bernardino Road and between Hellman and Malachite Avenues, submitted
by WL Route 66 Associates.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 6
11. Approval to release Faithful Performance Bond No. 6473438 retained in lieu of a Maintenance
Guarantee Bond in the amount of $113,120.00 for the Heritage Park Emergency Sewer
Retrofit Improvements, Contract No. 07-138.
12. Approval to release Maintenance Guarantee Bond No. 70331088 in the amount of $53,048.30
for Heritage Park and Windrows Park Baseball Field Renovation Improvement Project,
Contract No. 07-092.
13. Approval of an increase to Contract No. RA 05-031 in the amount of $77,500 to Dan Guerra 8
Associates, authorize the expenditure of a 10% contingency in the amount of $7,750 and
approve Contract Change Order No. 2 for additional design services for the East Avenue
Master Plan Storm Drain, to be funded from Lower Etiwanda Drainage Funds, Acct. No.
1126303-5650/1584126-0, and appropriate an additional amount of $85,250 to Acct. No.
1126303-5650/1584126-0 from Lower Etiwanda Drainage Fund Balance.
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.
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M. ADVERTISED PUBLIC HEARINGS
FIRE PROTECTION DISTRICT
The following items have been advertised and/or posted as pubtic hearings as required by
law. It is recommended that this hearing be continued to January 7, 2009.
1.
MOTION: Moved by Williams, seconded by Michael, to continue the hearing until January 7, 2009.
Motion carried 5-0.
N. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
The following items have been advertised and/or posted as public hearings as required by
law. The Mayor will open the meeting to receive public testimony.
AMENDMENT DRC2008-00593 CITY OF RANCHO CUCAMONGA - A request to modify the
definition of landscaping under Section 17.02.140 of the Development Code to allow for the
use of synthetic turf and modify Sections 17.08.090, 17.10.060 and 17.30.060 of the
Development Code to establish design guidelines for the use of synthetic turf. Staff has
prepared a negative declaration of environmental impacts for consideration.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 7
ORDINANCE NO. 804 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2008-00593 AMENDING SECTION 17.02.140C OF
THE DEVELOPMENT CODE TO MODIFY THE DEFINITION OF
LANDSCAPING TO ALLOW FOR THE USE OF SYNTHETIC TURF AND
AMENDING SECTIONS 17.08.090C(5), 17.10.060C(1)(E) AND 17.30.060F;
AND MAKING FINDINGS IN SUPPORT THEREOF
James Troyer, Planning Director, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Troyer confirmed that the artificial turf would be allowed in all
residential, commercial and industrial projects. In response to Councilmember Williams, Mr. Troyer
indicated that staff would provide samples at the public counter and would provide information to
interested parties. In response to Councilmember Gutierrez, Mr. Troyer confirmed that plastic and nylon
was prohibited and indicated that a permit was not required.
Mayor Kurth opened the public hearing.
John Lyons suggested that a brochure be developed on the use of synthetic turf.
Mayor Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Williams, to waive full reading and set second reading of
Ordinance No. 804 for the January 7, 2009 meeting. Motion carried 5-0.
2.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TEMPORARILY REVISING REGULATIONS
RELATING TO DURATION OF BUILDING AND GRADING PERMITS AND
DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES
Dan James, Senior Civil Engineer, noted that this Ordinance was considered and adopted by the City
Council at a previous meeting. Staff had re-evaluated the regulations in light of the discussion at the
Council meeting and has determined that there would be no significant delays to projects if development
impact fees were deferred for all residential projects
In response to Councilmember Gutierrez, Mr. James discussed the proposed $1,060 processing fee. If an
applicant proposes to defer the fees, $1,060 would be charged to process the deferral of the fees for the
entire group of building permits. If the agreement is modified or if an extension is requested, a flat $117
per hour fee would be charged. It was noted that only the actual cost to provide the service can be
charged. Discussion was held.
Mayor Kurth opened the public hearing. With no-one wishing to speak, Mayor Kurth closed the public
hearing.
MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and set second reading of
Ordinance No. 802 for the January 7, 2009 meeting. Motion carried 5-0.
ORDINANCE NO. 802 (first reading)
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 8
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O. COUNCIL BUSINESS,.
The following items have been requested by the City Council for discussion.
COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo thanked the Rancho Cucamonga athletic director and football team for the
outstanding game and wished everyone a Merry Christmas.
Councilmember Gutierrez congratulated Robert Karatsu and Michelle Perera for their appointments. He
indicated that Good Morning America would be highlighting a literary program. It will be shown on
Channel 7 Saturday morning from 7-8 a.m. Councilmember Gutierrez also shared photographs of the
recent Snowflake Festival.
Mayor Pro Tem Michael wished everyone a happy holiday and stated his appreciation of the
accomplishments at the library. He urged everyone to participate in the various seasonal programs to
benefit the needy.
Councilmember Williams reported on the Metrolink Holiday Train and urged everyone to donate to the
needy. She also congratulated Meagan Riley for being crowned Miss Rodeo America.
Mayor Kurth noted that there will be a guest editorial in the Daily Bulletin this weekend regarding smoking
and thanked Deborah Clark for her services to the City of Rancho Cucamonga.
2. CONSIDERATION AND DISCUSSION OF SELECTION FOR MAYOR PRO TEM
The City Council discussed the selection of a Mayor Pro Tem, including the history of the appointment
and the preferred length of term.
MOTION: Moved by Spagnolo, seconded by Gutierrez to appoint L. Dennis Michael as Mayor Pro Tem.
Motion carried 5-0.
MOTION: Moved by Gutierrez, seconded by Michael to discuss this appointment annually at the second
meeting of December. Motion carried 5-0.
3. REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER
GOVERNMENTAL AGENCIES
Pam Easter, Assistant City Manager, presented the staff report.
Mayor Kurth noted that one of the recommended actions was to disband unneeded committees
MOTION: Moved by Williams, seconded by Gutierrez to formally disband the following ad hoc City
Council subcommittees: Mobile Home Accord Review Subcommittee, the Sign Ordinance
Subcommittee and the Residential and Commercial Solicitors Subcommittee. Motion carried 5-0.
Mayor Kurth and the City Council addressed the appointments and the City Council members indicated
their desire to serve on the following standing committees and other governmental agencies:
Community Services Subcommittee -Diane Williams and Sam Spagnolo
Housing Set Aside Subcommittee -Rex Gutierrez and Dennis Michael
Library Subcommittee -Rex Gutierrez and Dennis Michael
Planning/Historic Preservation Subcommittee -Diane Williams and Sam Spagnolo
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 9
Public Works Subcommittee -Diane Williams and Rex Gutierrez
Redevelopment Marketing Subcommittee -Dennis Michael and Diane Williams
Telecommunications Subcommittee -Dennis Michael and Sam Spagnolo
Abandoned Residential Properties Ordinance Ad Hoc Committee -Dennis Michael and Sam Spagnolo
California Housing Opportunities Agency -Representative: Sam Spagnolo, Alternate: Linda Daniels
City Selection Committee -Don Kurth
Inland Empire Utilities Agency -Landscape Alliance Task Force -Dennis Michael
League of California Cities Inland Empire Division Legislative Task Force -Sam Spagnolo
North Etiwanda Preserve -Rex Gutierrez
Omnitrans -Delegate: Dennis Michael, Alternate: Diane Williams
Chamber of Commerce -Dennis Michael
Route 210 Freeway Corridor Design Joint Powers Authority -Delegate: Sam Spagnolo, Alternate: Diane
Williams
San Bernardino Association of Governments -Delegate: Diane Williams; Alternate: Don Kurth
Councilmember Gutierrez indicated that he would like to pursue possible appointments to
other League of California Cities policy committees.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Q. ADJOURNMENT
Mayor Hurth stated the next regular meeting would be held on January 7, 2009.
Meeting adjourned at 8:42 p.m. in honor of Boy Scouts of America to a workshop of the City Council to be
held on January 7, 2009 at 2:00 p.m.
Respectfully submitted,
~.~ ~~
De ra L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: January 7, 2009