HomeMy WebLinkAbout2009/02/04 - MinutesFebruary 4, 2009
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,
February 4, 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 5:24 p.m. by Chairman/Mayor Donald J.
Kurth.
Present were Agencymembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice
Chairman/Mayor Pro Tem L. Dennis Michael and Chairman/Mayor Donald J. Kurth.
Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James
Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D.
Daniels, Redevelopment Agency Director.
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. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Chairman Donald J. Kurth announced the closed session items:
1. 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
2. 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
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 10013 8'" ST., BIANE FAMILY
PROPERTIES, LLC; AGENCY NEGOTIATOR: LINDA D. DANIELS, RDA DIRECTOR.
NEGOTIATING PARTIES: RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND
BIANE FAMILY PROPERTIES, LLC. UNDER NEGOTIATION: PRICE AND TERMS -RDA
C. PUBLICCOMMUNICATIONS ON CLOSED SESSION .. ;
. ~ ITEMS ,
No one was present to comment on the closed session item.
D: CONDUCT OF CLOSED SESSION
Closed session began at 5:24 p.m.
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Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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' E:CITY`MANAGERANNOUNCEMENTS '
No announcements were made.
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'F. RECESS ~'
The closed session adjourned at 6:47 p.m. with no action taken.
G. REGULAR MEETING...:. . ~ `'
CALL TO"ORDER- 7400 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/PresidenUMayor Donald J. Kurth 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. Chairman/PresidenUMayor Donald J. Kurth left the meeting
at 7:11 p.m.
Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Deputy City
Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; James
Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police
Department; Kevin McArdle, Community Services Director; Dave Blevins, Public Works Services Director;
Jim Frost, City Treasurer; Jan Reynolds, City Clerk; Debra MctJay, Records Manager/Assistant City Clerk
and Kathy Scott, Assistant City Clerk.
. ~ H. ANNOUNCEMENTS/PRESENTATIONS
1. Presentation on the Victoria Gardens Cultural Center Artist in Residence program funded by the
Rancho Cucamonga Community Foundation.
Susan Sluka-Kelly, Cultural Arts Supervisor and Mireya Hepner, Productions Coordinator spoke about
the Victoria Gardens Cultural Center Artist in Residence program.
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Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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I. PUBLIC COMMUNICATIONS
11. Ed Dietl from the Historical Preservation Association spoke about preserving the old gas station at
Foothill and Archibald. He requested that the owner be asked to clean up and seal off the property.
12. Donna Newton, Project Director for In The Zone Tobacco Free Project, indicated that she would be
conducting a community opinion survey regarding the implementation of smoke free policies.
13. John Lyons stated that the economy was not entirely bad and pointed out that there are still
opportunities in the City. He expressed concerns with the high amount of pork in the stimulus package.
14. Jim Frost spoke about the POW -MIA Run for the Wall, to be held May 13 - 24, 2009.
15. Jim Moffatt noted that the Mayor had volunteered to clean up a park on Martin Luther King Day and
suggested that he could assist in the local Extreme Home Makeover contest. He was opposed to any
efforts to prohibit smoking.
I6. Justin Hydock, Jerry Edwards and Melissa Edwards spoke regarding a Los Osos Track Booster
Club fundraiser to be held Thursday and Friday of this week.
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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.
Approval of Minutes: January 21, 2009 (Regular Meeting)
2. Approval of Check Register dated January 14 through January 27, 2009, for the total amount of
$926,637.56.
3. Approval of the RCMU and Fiber Backbone Extensions and Foothill Boulevard Median Lighting
Improvements, Contract No. RA 07-003 / 07-065 as complete, retain the Faithful Performance Bond as
a Guarantee Bond, release the Labor and Materials Bond, and authorize the City Engineer to file a
Notice of Completion and approve the final contract amount of $6,623,856.92.
RESOLUTION NO. RA 09-001
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
RCMU AND FIBER BACKBONE EXTENSIONS AND FOOTHILL
BOULEVARD MEDIAN LIGHTING IMPROVEMENTS, CONTRACT NO.
RA 07-003 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 4-0-1, Chairman Kurth was
absent.
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Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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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.
1. Approval of Minutes: January 21, 2009 (Regular Meeting)
2. Approval of Check Register dated January 14 through January 27, 2009, for the total amount of
$116,035.76.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 4-0-1, President Kurth was absent.
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.
Approval of Minutes: January 21, 2009 (Regular Meeting)
Approval of Check Register dated January 14 through January 27, 2009, and payroll ending
January 27, 2009, for the total amount of $3,168,978.28.
3. Approval to authorize the advertising of the "Notice Inviting Bids' for the Construction of the
Ranvan Rtroet Pavement Rehahilitation from Berv Street to Archibald Avenue. to be funded
from Measure "I" Funds, Acct. No. 1176303-5650/1679176-0.
RESOLUTION NO. 09-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE BANYAN STREET PAVEMENT
REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE
IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS
4. Approval to allocate $5,000 awarded by the California State Library into Library Revenue
Account 1290000-4740/0-3703 and appropriate $2,000 into Expenditure Account 1290601-
5200/0-3703 and appropriate $3,000 into Expenditure Account 1290601-5300/0-3703.
5. Approval to accept grant revenue in the amount of $57,900.00 awarded by the Department of
Homeland Security (FY 2007 Homeland Security Grant), administered by the California
Emergency Management Agency and the San Bernardino County Fire Department, Office of
Emergency Services, to the City of Rancho Cucamonga, as the lead agency for the purchase
of a West End sheltering cache on behalf of the West End Emergency Management Working
Group (WEEMWG)
Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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6. Approval of agreement to award construction managemenUinspection services with D. Wren &
Associates, Inc. (CO 09-124), for providing inspection of Public Works improvements related to
Verizon FIOS Project per the proposed fee rate scheduled, to be funded from deposits made
by Verizon. (ITEM REMOVED FOR DISCUSSION)
7. Approval to authorize the City Manager or his designee to terminate existing contracts CO 93-
041 (Landscape Maintenance District 6) and CO 93-080 (Landscape Maintenance Districts 7
& 8) effective February 28, 2009, with Trugreen Landcare for landscape and irrigation
maintenance of Landscape Maintenance Districts 6, 7 and 8.
8. Approval to accept the bids received, award and authorize the execution of a contract effective
March 1, 2009 through June 30, 2009, in the amount of $186,238.00 to the apparent lowest
responsive, responsible bidder, Trugreen Landcare (CO 09-125) of Upland, California, for
landscape and irrigation maintenance at the "A" Level in Landscape Maintenance Districts 6, 7
and 8, to be funded from Acct. No. 1136303-5300 (Landscape Maintenance District 6 --
$73,183.00); Acct. No. 1137303-5300 (Landscape Maintenance District 7 -- $106,581.00); and
Acct. No. 1138303-5300 (Landscape Maintenance District 8 -- $6,474.00) for the remainder of
Fiscal Year 2008-2009, and authorize the Public Works Services Director to adjust the level of
service and spending limit of said contract in the future on an as-needed basis, in accordance
with the approved Public Works Department Landscape Maintenance Budget Line 5300, and
authorize the Public Works Services Director to renew said contract upon mutual consent for
additional one (1) year periods up to a total of four (4) years.
9. Approval and authorization to increase Contract No. 06-117 in the amount of $24,045.00 to
Tom Dodson & Associates, authorize the expenditure of a 10% contingency in the amount of
$2,405.00 and approve Contract Change Order No. 1 for environmental document for the
Wilson Avenue Roadway Extension from Milliken Avenue to Day Creek Channel, to be funded
from Transportation Funds, Acct. No. 1124303-5650/1569124-0, and appropriate an additional
amount of $21,450.00 to Acct. No. 1124303-5650/1569124-0 from Transportation Fund
balance.
10. Approval to Maintenance Guarantee Bond for Tract 14759-3 (Olive Grove Park), located east
of Wardman-Bullock Road, south of Wilson Avenue, submitted by Pulte Homes.
11. Approval to Maintenance Guarantee Bond for Tract 16116, located at the southwest corner of
Banyan Street and East Avenue, submitted by KB Home Greater Los Angeles, Inc.
12. Approval to accept the RCMU and Fiber Backbone Extensions and Foothill Boulevard Median
Lighting Improvements, Contract No. 07-065 / RA07-003 as complete, retain the Faithful
Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and
authorize the City Engineer to file a Notice of Completion and approve the final contract
amount of $6,623,856.92.
RESOLUTION NO. 09-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE RCMU AND FIBER
BACKBONE EXTENSIONS AND FOOTHILL BOULEVARD MEDIAN
LIGHTING IMPROVEMENTS, CONTRACT NO. 07-065 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE WORK
13. Approval to accept the FY 2008/20009 Local Street Rehabilitation Slurry Seal project, Contract
No. 08-159 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release
the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, and
approve the final contract amount of $378,185.42.
Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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RESOLUTION NO. 09-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR
2008/2009 LOCAL STREET REHABILITATION SLURRY SEAL
PROJECT, CONTRACT NO. 08-159 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
14. Approval to amend the FY 2008-09 budget and appropriate funds in the amount of
$1,752,000.00 for additional capital projects and maintenance programs located in Landscape
Maintenance Districts 3B (Medians--$900,000); 4 (Terra Vista--$750,000); and 9 (Lower
Etiwanda--$102,000), to be funded from each Landscape Maintenance District Fund balance.
15. Approval of a Resolution enabling the City to initiate the Commerce Bank ControlPay Advanced
Software to assist in automating the City's accounts payable program.
RESOLUTION NO. 09-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING CERTAIN CITY STAFF
TO ESTABLISH CREDIT CARD ACCOUNTS WITH COMMERCE
BANK, N.A. (OMAHA, NE)
MOTION: Moved by Gutierrez, seconded by Spagnolo, to approve the staff recommendations in the
remaining staff reports contained within the Consent Calendar. Motion carried 4-0-1, Mayor Kurth was
absent.
6. Approval of agreement to award construction managemenUinspection services with D. Wren &
Associates, Inc. (CO 09-124), for providing inspection of Public Works improvements related to
Verizon FIGS Project per the proposed fee rate scheduled, to be funded from deposits made
by Verizon.
Mahdi Aluzri, Deputy City Manager/Community Development, updated the Council on the project.
MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the
staff report. Motion carried 4-0-1, Mayor Kurth was absent.
M."CONSENT ORDINANCES
The following Ordinances have had public comment 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.
CONSIDERATION OF AN AMENDMENT TO TITLE 13 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE CHAPTER 13.09 ETIWANDA/SAN SEVAINE AREA STORM DRAIN
PLAN
Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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ORDINANCE NO. 805 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING DRAINAGE IMPROVEMENT
FEE PROVISIONS APPLICABLE TO THE ETIWANDA/SAN SEVAINE
LOCAL DRAINAGE AREA, AND AMENDING TITLE 13 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
2.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVISING REGULATIONS PERTAINING
TO PARKING OF VEHICLES ON PUBLIC STREETS IN EXCESS OF 72
HOURS, AND AMENDING TITLE 10 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE
MOTION: Moved by Williams, seconded by Gutierrez, to approve Ordinance Nos. 805 and 806 for
second reading. Motion carried 4-0-1, Mayor Kurth was absent.
N. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
CONSIDERATION OF AN ORDINANCE ADOPTING CURB NUMBERING REGULATIONS
AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
ORDINANCE NO. 807 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING CURB NUMBERING
REGULATIONS AND AMENDING TITLE 8 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
John Gillison, Deputy City Manager/Administrative Services, gave the staff report
In response to Councilmember Williams, Mr. Gillison confirmed that printed instructions would be
provided. He stated that an effort would be made to educate the community on the new regulations
In response to Mayor Pro Tem Michael, Mr. Gillison indicated that most non profit organizations are
aware that a permit is needed. Mayor Pro Tem Michael requested that the material provided be clear
that the homeowner's permission is needed.
MOTION: Moved by Williams, seconded by Gutierrez, to waive full reading and set second reading of
Ordinance No. 807 for the February 18, 2009 meeting. Motion carried 4-0-1, Mayor Kurth was absent.
ORDINANCE NO. 806 (second reading)
Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
Page 8 of 10
2. CONSIDERATION OF AN ORDINANCE AMENDING REC
ORDINANCE NO. 808 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS RELATING TO
THE SALES OF GOODS AND MERCHANDISE FROM VEHICLES, AND
AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
John Gillison, Deputy City Manager/Administrative Services, gave the staff report
In response to Councilmember Gutierrez, Mr. Gillison indicated that this Ordinance was not initiated to
target a certain type of vendor but was developed as a public safety measure.
In response to Councilmember Spagnolo, Mr. Gillison stated that all vendors come in annually to
obtain their license. He stated that staff would contact existing vendors and implement the Ordinance
from this point forward. In response to Mayor Pro Tem Michael, Mr. Gillison confirmed that the
Ordinance was developed to improve public safety and was not developed to generate more revenue.
MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading and set second reading of
Ordinance No. 808 for the February 18, 2009 meeting. Motion carried 4-0-1, Mayor Kurth was absent.
3.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVISING SOLID WASTE REGULATIONS
BY PROHIBITING SCAVENGING FROM REFUSE AND RECYCLING
RECEPTACLES, AND AMENDING TITLE 8 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
Linda Ceballos, Environmental Programs Manager, gave the staff report
Councilmember Spagnolo urged the community to be warchful and to call the police when they see
someone scavenging. Councilmember Gutierrez concurred with the Ordinance and stated that the
regulation was needed.
In response to Mayor Pro Tem Michael, Mrs. Ceballos indicated that scavenging results in less revenue to
the waste hauler which could result in higher rates. In response to Councilmember Spagnolo, Chief
Cusimano confirmed that people seeing scavenging should contact the police.
Councilmember Williams encouraged everyone to shred documents before disposing of them.
MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading and set second reading of
Ordinance No. 809 for the February 18, 2009 meeting. Motion carried 4-0-1, Mayor Kurth was absent.
ORDINANCE NO. 809 (first reading)
Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
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4. UPDATE ON POLICE STATISTICS (Oral - PowerPoint Presentation)
Chief Joe Cusimano, Rancho Cucamonga Police Department, presented police statistics.
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O. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion
1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Williams commented on women's health and stated that February was Healthy Heart
Month. She encouraged women to become aware of heart attack symptoms.
Councilmember Gutierrez supported the POW -MIA Run for the Wall. He also appreciated the
presentation on the historic gas station. He noted that the Ordinances approved tonight will improve
public safety and commended Chief Cusimano for his crime prevention efforts.
Councilmember Spagnolo indicated that he had attended the Inland Empire Legislative Breakfast this
week and spoke about the impact of the State budget crisis on the needy and disabled. There was an
Inland Empire Economic Summit today and there are still opportunities in this dim economic climate.
Councilmember Spagnolo referenced the economic stimulus bill and stated that the City had developed a
list of shovel ready projects that would stimulate the economy and create jobs.
Councilmember Spagnolo noted that the State has not yet addressed the budget deficit and indicated that
furloughing of State employees would commence on Friday. He praised the work of the former Sheriff and
welcomed Sheriff Rod Hoops. Councilmember Spagnolo suggested that the meeting be adjourned in the
memory of Deputy Andy Matthews.
Mayor Pro Tem Michael indicated that he had attended a Link luncheon today. Seniors who participate in
the program link themselves to homebound seniors and provide outreach services. Mayor Pro Tem
Michael thanked the former Sheriff and welcomed Sheriff Hoops.
Mayor Pro Tem Michael reported that Omnitrans has been working on the sbX (Rapid Bus Transport)
service planned for the E street corridor. Other transportation projects are also in the planning stages.
The sbX service should be operational by 2011.
Councilmember Williams reported that Metrolink will be adding more routes and delivering new cars by
summer. She encouraged the community to try the service.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Councilmember Spagnolo requested an update on taxicabs. Councilmember Williams requested
information on a-waste disposal.
Redevelopment Agency, Fire Protection District, City Council Minutes
February 4, 2009
Page 10 of 10
Q. ADJOURNMENT
Mayor Pro Tem Michael adjourned the meeting at
The meeting was adjourned to February 10, 2009
regular meeting will be held on February 18, 2009.
8:51 p.m. in the memory of Deputy Andy Matthews.
at 8:00 a.m. for a goal setting workshop. The next
Res 'ectfully submitted,
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Deb L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: February 18, 2009