HomeMy WebLinkAbout2009/04/15 - MinutesApril 15 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 15, 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 5:05 p.m. by
Chairman/PresidenUMayor Donald J. Kurth.
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, Executive Director/City Manager; Steve Flower, Deputy 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/PresidenUMayor Donald J. Kurth announced the closed session items:
81. 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
B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF 9TH
STREET AND MADRONE AVENUE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING
PARTY -RDA
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION
ITEMS .
No one was present to comment on the closed session item.
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D. CONDUCT OF CLOSED SESSION
Closed session began at 5:05 p.m.
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~, E. CITY:MANAGERANNOUNCEMENTS
No announcements were made.
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April 15, 2009
Page 2 of 13
:. F. RECESS
The closed session adjourned at 6:45 p.m. with no action taken.
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G. REGULAR MEETING
CALL TOORDER = 7:00 P.1VI:
"` 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 7:05 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; Steve Flower, Deputy City Attorney; Jim Frost, City
Treasurer; John Gillison, Deputy City Manager/Administrative Services; James Troyer, Planning
Director; 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; Janice Reynolds, City Clerk; Debra McKay, Records
Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk.
H: ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a Proclamation in recognition of April 26 -May 2, 2009 as "National Crime
Victims' Rights Week."
Mayor Kurth presented a Proclamation to Rita Morin, Secretary of Families and Friends of Murder
Victims, and proclaimed April 26 -May 2, 2009 as "National Crime Victims' Rights Week."
H2. Announcement regarding Special Olympics "Tip a Cop' at the Claim Jumper on April 16`",
2009, 5:00 to 9:00 p.m.
Lisa Henley, Sheriffs Service Specialist, announced the Tip a Cop event to benefit the Special
Olympics, which will be held on April 16, 2009 at the Claim Jumper restaurant.
H3. Presentation of a Proclamation in recognition of April 12-18, 2009 as "National Library
Week."
Mayor Kurth presented a Proclamation to Robert Karatsu, Library Director, and proclaimed April 12
- 18, 2009 as "National Library Week."
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April 15, 2009
Page 3 of 13
H4. Presentation of a Proclamation in recognition of April 22, 2009 as "Earth Day."
Mayor Kurth presented a Proclamation to Linda Ceballos, Environmental Programs Manager and
Cara Vera, Senior Librarian, and proclaimed April 22, 2009 as "Earth Day."
L PUBLIC COMMUNICATIONS
11. Deputy Chad Foytik invited the City Council and the audience to the 8~" Annual Ron Ives Bicycle
Safety Rodeo, which will be held on May 30, 2009 starting at 8:00 a.m. at the Old Town Park.
12. James Massey reported that the Upland Christian Academy will be opening a new school on
September 9, 2009. The school will be located at the Abundant Living Family Church, 10900
Civic Center Drive, and will provide classrooms for students K-12.
13. John Preston addressed the water shortage and the need to preserve open space. He urged the
Council to look into their hearts before approving additional development.
14. Jim Frost spoke about the upcoming Run for the Wall event. He encouraged everyone to
participate in a trip down to the Riverside National Cemetery on May 12, 2009 and indicated that
donations to the Run for the Wall event are needed.
15. Gwyn Frost referenced an upcoming Run for the Wall activity and noted that the City did not
have any POW/MIA flags for the interior of the building. Therefore, she presented a flag and
read the flag protocol for its display.
16. Becky Frost thanked the City Council for their support of veteran's affairs.
17. Ed Dietl presented photos and spoke in support of Item N.2. (Historic Landmark Designation of
the Cucamonga Service Station).
18. Robert Santa Cruz thanked the City Council for the resolution of the Herrera matter. He
suggested that an Ordinance be adopted to prevent this situation from happening in the future.
19. Sergio Martinez thanked the City Council for their support during the Herrera hearing. He
addressed possible preventive measures; including forming a task force and ensuring that
neighbor's utilities are not blocked off.
110. Victor Muniz asked that the City Council take measures to provide closure on the street tree
matter. He stated that the City Attorney had promised to provide a plan to address the matter to
his satisfaction and requested a remediation plan by next week.
111. Jim Moffatt indicated that he had received a letter announcing upcoming community workshops
to discuss expanding the no-smoking policies in public places. He did not support this effort and
asked that smokers be provided equal rights.
112. Bill Hanlon shared photographs of Run for the Wall activities with the City Council and the
audience.
113. Benjamin Merritt spoke in opposition to the development of the 1,200 acre project at this point in
time.
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April 15, 2009
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114. Jean Leavy, representing the House of Ruth, spoke regarding Item N.1. (Community
Development Block Grant funding) and thanked the City Council for their support. She promised
to use any funding allocated to the House of Ruth wisely.
115. John Lyons noted that today's Tea Party was well attended. He expressed concerns with
excessive spending and taxation. Mr. Lyons defended the Mayor's desire to expand the non-
smoking policies and wondered about the new school's compatibility with the surrounding
industrial area.
116. Justin and Isaiah Khoury noted that they operate a beauty salon and asked for the Council's
assistance with a shower requirement. The Khoury's indicated that there is no need for a
shower in their establishment.
117. Julie Boynton, representing Project Sister Family Services, spoke regarding Item N. 1.
(Community Development Block Grant funding) and thanked the City Council far their support.
She asked for funding consideration for FY 2009/10.
118. Sandra Rutherford, representing Camp Fire USA, spoke regarding Item N.1. (Community
Development Block Grand funding) and thanked the City Council for their support. She
requested the continuation of funding for Camp Fire USA.
119. Arnold San Miguel, representing the Southern California Association of Governments, invited the
City Council to the 2009 General Assembly.
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: April 1, 2009 (Adjourned Meeting -Healthy RC/Green Sustainability)
April 1, 2009 (Regular Meeting)
Sept. 22, 2008 (Special Meeting -Team Building)
J2. Approval of Check Register dated March 25 through April 7, 2009, for the total amount of
$203,881.48.
J3. Approval to receive and file current Investment Schedule as of March 31, 2009.
J4. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids' for the Demens Basin Fill Project, to be funded from Acct. No. 2502801-
5650/1694502-0.
RESOLUTION NO. RA 09-003
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE DEMENS BASIN FILL
PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS
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.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 5 of 13
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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.
K1. Approval of Minutes: April 1, 2009 (Adjourned Meeting -Healthy RC/Green Sustainability)
April 1, 2009 (Regular Meeting)
Sept. 22, 2008 (Special Meeting -Team Building)
K2. Approval of Check Register dated March 25 through April 7, 2009, for the total amount of
$231,340.36.
K3. Approval to receive and file current Investment Schedule as of March 31, 2009.
MOTION: Moved by Williams, seconded by Spagnolo, 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 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: April 1, 2009 (Adjourned Meeting -Healthy RC/Green Sustainability)
April 1, 2009 (Regular Meeting)
Sept. 22, 2008 (Special Meeting -Team Building)
L2. Approval of Check Register dated March 25 through April 7, 2009, and payroll ending April 7,
2009, for the total amount of $6,169,802.83.
L3. Approval to receive and file current Investment Schedule as of March 31, 2009.
L4. Approval of specifications and to authorize the advertising of the "Notice Inviting Bids" for the
Citywide Bridge Deck Maintenance, to be funded from Acct. No. 1112303-5650/1542112-0.
RESOLUTION NO. 09-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR "CITYWIDE BRIDGE DECK MAINTENANCE"
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L5. Approval of specifications and to authorize the advertising of the "Notice Inviting Bids" for the
Citywide Street Name Sign Replacement - FY 08/09, to be funded from Acct. No. 1112303-
5650 / 1542112-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
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RESOLUTION NO. 09-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR "CITYWIDE STREET NAME SIGN
REPLACEMENT - FY 08/09" AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L6. Approval to authorize the advertising of the "Notice Inviting Bids' for the Construction of
Hillside Road Pavement Rehabilitation from West Citv Limit to Bervl Street, to be funded from
Prop 1 B funds, Acct. Nos. 1194303-5650/1682194-0 and 1194303-5650/1713194-0.
RESOLUTION NO. 09-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE HILLSIDE ROAD PAVEMENT
REHABILITATION FROM WEST CITY LIMIT TO BERYL STREET IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L7. Approval to authorize the advertising of the "Notice Inviting Bids' for the FY 2009/10 Local
Street Pavement Rehabilitation - Overlay of Various Streets, Part 2, to be funded from
Proposition 1 B for construction of said project.
RESOLUTION NO. 09-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE "FY 2009/10 LOCAL STREET PAVEMENT
REHABILITATION -OVERLAY OF VARIOUS STREETS, PART 2," IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L8. Approval of Community Services Update Report.
L9. Approval of request for City Council to appropriate $5,000.00 out of the $50,000.00 Census
Bureau Grant Funds to Expenditure Acct. No. 1016301-5200 to be utilized during FY 08/09
and $45,000.00 to be budgeted for FY 09/10; funds will be used to support the City's
preparation and public outreach efforts for Census 2010.
L10. PUBLIC CONVENIENCE OR NECESSITY - DRC2009-00265 - RANCHO FARMER'S
MARKET - A request fora Public Convenience or Necessity determination for a Type 20
Off-Sale Beer and Wine license for an existing market that is located in an existing
commercial center on the south side of Foothill Boulevard between Helms Avenue and
Malachite Avenue in the Community Commercial (CC) District - APN: 208-261-56. Staff has
determined that the project is categorically exempt from CEQA review and qualifies as a
Class 1 exemption under State CEQA Guidelines Section 15301.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 7 of 13
RESOLUTION NO. 09-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE
BEER AND WINE LICENSE FOR AN EXISTING MARKET THAT IS
LOCATED IN AN EXISTING COMMERCIAL CENTER ON THE SOUTH
SIDE OF FOOTHILL BOULEVARD BETWEEN HELMS AVENUE AND
MALACHITE AVENUE IN THE COMMUNITY COMMERCIAL (CC)
DISTRICT, LOCATED AT 9455 FOOTHILL BOULEVARD - APN: 0208-261-
56
L11. Approval to Execute an Addendum to the Epicenter Rental Contract (CO 94-039) with
Rancho Cucamonga High School for Waiver of Rental Fees Associated with Graduation
Ceremonies at the Rancho Cucamonga Epicenter in Exchange for City Use of the Rancho
Cucamonga High School's Gymnasium for the City's Youth Basketball Program for 2009 and
2010.
L12. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 36 and Street Lighting Maintenance District Nos. 1 and
6 for DRC2005-00703, located AT 8578 Pecan Avenue, submitted by Gordon Trucking, Inc.
RESOLUTION NO. 09-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-00703
RESOLUTION NO. 09-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.
3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
FOR DRC2005-00703
L13. Approval of Improvement Agreement and Improvement Security for Verizon FIGS Project
(ROW2009-00053) located citywide, submitted by Verizon California, Inc., and approval to
utilize a portion of the $50,000 deposited by Verizon California, Inc. into Trust Acct. No.
1882000-2305/1720-0 for the Fios Project and appropriate $20,000 into Revenue Acct. No.
1001000-4511/1720-0 and $20,000 to Expenditure Acct. No. 1001305-5303/1720-0 to fund
contract inspection services, and appropriate $15,000 into Revenue Acct. No. 1001000-
4914/1720-0 to offset anticipated staff time to be spent on this project.
RESOLUTION NO. 09-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR ROW2009-00053
L14. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $727,000.00 to the apparent low bidder, Hardy & Harper, Inc. (CO 09-187),
and authorize the expenditure of a 10% contingency in the amount of $72,700.00 for the FY
2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, to be funded
from Prop 1B Funds, Acct. No. 1194303-5650/1022194-0 and appropriate $839,700.00 to
Acct. No. 1194303-5650/1022194-0 from Prop 1 B fund balance.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 8 of 13
L15. Approval to release the Maintenance Guarantee Bond for Parcel Map 17318, located at the
northeast corner of 4~" St. and Utica, submitted by Investment Development Services, Inc.
L16. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance Bond and file a Notice of Completion for improvements for Rancho Etiwanda
Infrastructure (Tract 16226 Collector Streets and Storm Drain), located north of the extension
of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC.
RESOLUTION NO. 09-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR RANCHO ETIWANDA INFRASTRUCTURE
(TRACT 16266 COLLECTOR STREETS AND STORM DRAIN) AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
L17. Approval to substitute Improvement Agreement and Improvement Security for Rancho
Etiwanda Estates Infrastructure work to be completed with Tract Map 16226-2, located at the
northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by JTY
Investment, LLC.
RESOLUTION NO. 09-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO
ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACT MAP
16226)
L18. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance Bond and file a Notice of Completion for improvements for Rancho Etiwanda
Infrastructure (Tract 16227 Collector Streets and Storm Drain), located north of the extension
of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC.
RESOLUTION NO. 09-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR RANCHO ETIWANDA INFRASTRUCTURE
(TRACT 16227 COLLECTOR STREETS AND STORM DRAIN) AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
L19. Approval to release the Maintenance Guarantee Bond for Rancho Etiwanda Infrastructure
Day Creek Storm Drain and Basin, located at the northwest corner of Day Creek Boulevard
and Etiwanda Avenue, submitted by JTY Investment, LLC.
L20. Approval to accept the Improvements, release the Faithful Performance Bond and file a
Notice of Completion for improvements for Tract 16454, 16454-1 and 16455, located at the
southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater
Los Angeles, Inc.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 9 of 13
RESOLUTION NO. 09-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16454, 16454-1 AND 16455 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
L21. Approval to release Faithful Performance Bond No. 443898, retained in lieu of Maintenance
Guarantee Bond, in the amount of $561,957.28, for the Haven Avenue and 19'" Street
Improvement Project, Contract No. 07-078.
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.
M. ADVERTISED PUBLIC HEARINGS
FIRE PROTECTION DISTRICT
The following items have been advertised and/or posted as public hearings as required by
law. The Chair will open the meeting to receive public testimony.
M1.
rnvr vo~u ni~rv~nr, i lulu yr I CRRI I VRi ~rti.oo r~r~r~ LLV - ArIV J VLV /- I io-tom a ~ff
- ANNEXATION NO. 09-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT.
CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL
TAXES TO THE QUALIFIED ELECTORS
RESOLUTION NO. FD 09-010
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. 09-2)
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 09-010. Motion
carried 5-0.
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Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 10 of 13
N. '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.
N1.
RANCHO CUCAMONGA - A review of the federally required Annual Action Plan, which
includes the preliminary selection of CDBG projects, based on a new grant allocation of
$1,013,150.
Tom Grahn, Associate Planner, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Grahn indicated that the $1,013,150 was an estimate. If
the amount granted to the City was different, Mr. Grahn noted that the Administrative and Public
Service Programs would be affected the most.
In response to Councilmember Williams, Mr. Grahn stated that if the amount granted dropped,
everything would be reduced proportionately. However, he didn't expect that it would drop and
expected that the grant amount would slightly increase. Councilmember Williams commended staff for
their assistance in organizing the program and developing fair recommendations.
Councilmember Gutierrez noted that there was a wide discrepancy in some cases between what was
requested and the recommended allocation amount. He addressed the Oldtimers Foundation and
suggested that any increase in funding be applied to this Foundation. In response, Mr. Grahn indicated
that the total allocation amount provided to the City will ultimately determine the amount available.
Councilmember Williams requested that the staff send out a memorandum to the City Council if
additional funding is received so that a decision can be made on the best way to allocate it. She noted
that the Family Resource Center is deserving of consideration as well.
Mayor Kurth opened the public hearing.
Greg Alvarado, Director of the Steelworkers Oldtimers Foundation, thanked the City Council for their
long partnership. He requested that any additional funding be directed to Project Sister Family
Services and House of Ruth.
Mayor Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Gutierrez, to direct staff to prepare the final Annual Action
Plan to be brought back for adoption at a subsequent meeting. Motion carried 5-0.
N2. HISTORIC LANDMARK DESIGNATION DRC2009-00069 - THE CITY OF RANCHO
CUCAMONGA - A request to designate the Cucamonga Service Station as a designated
historic landmark, located at 9670, Foothill Boulevard -APN: 0208-153-05.
RESOLUTION NO. 09-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK
DRC2009-00069, DESIGNATING THE CUCAMONGA SERVICE STATION
A HISTORIC LANDMARK, LOCATED AT 9670 FOOTHILL BOULEVARD;
AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0208-153-OS
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 11 of 13
Candyce Burnett, Senior Planner, presented the staff report. She indicated that a letter was received
today from the owner's legal counsel.
In response to Mayor Kurth, Ms. Burnett discussed the presence of arches on the original gas station.
Also discussed was what was written on the sides of the building in the earlier photos.
In response to Councilmember Gutierrez, Ms. Burnett confirmed that a representative from the owner
was present in the audience.
Discussion was held by Deputy City Attorney Flower in response to Mayor Pro Tem Michael's
questions regarding the Historic Landmark designation and how this designation would affect future
applications regarding the property. It was noted that the Historic Landmark designation would
preclude the owner from obtaining a demolition permit or altering the site until further review was
conducted. The Deputy City Attorney commented that this designation would not preclude the
demolition of the structure if the Building and Safety Department deems it unsafe.
Ms. Burnett commented that the structure might be eligible for State or Federal designation.
Mayor Kurth opened the public hearing.
Jennifer Smith, Gresham, Savage, Nolan 8 Tilden, representing TLC (Lamar), spoke in opposition to
the proposed designation. She stated that a financial burden would fall on the property owner with this
designation. TLC agrees that the structure has historic qualities. Ms. Smith indicated that the property
had been recently taken off of the market as it is difficult to sell with this pending action. She requested
that the City Council delay the decision until a mutually agreed-upon appraiser can determine the
decrease in value as a result of the proposed designation. Ms. Smith noted that TLC has been working
with Code Enforcement to secure the property. A demolition permit is needed before a structure can
be demolished.
In response to Councilmember Gutierrez, Ms. Smith noted that they would pay for the cost of the
appraisal. She stated to Mayor Kurth that TLC purchased the property in 2005 to facilitate the
continuation of their billboard advertising on the site.
James Troyer, Planning Director, confirmed to Councilmember Spagnolo that the property had not
been on the market for a while. In response to Councilmember Williams, the Planning Director did not
have information on the asking price but noted that he could obtain it.
Discussion was held with the Deputy City Attorney regarding the need for an appraisal. Deputy City
Attorney Flower indicated that the purpose of tonight's meeting was to determine if the characteristics
of the property warrant a Historic Landmark designation. He indicated that the results of an appraisal
would not have any bearing on this decision. However, as the Historic Preservation Ordinance does
provide exceptions to the regulations when there is a severe economic impact, the Deputy City
Attorney indicated that an appraisal of the property might be beneficial at a later date.
Councilmember Williams concurred, noting that an appraisal done under these economic conditions
would not be very realistic.
Discussion regarding the need for an appraisal was held with Ms. Smith. Mayor Pro Tem Michael
pointed out that TLC does not really know if there was a financial burden. While he appreciates the
concern, the Mayor Pro Tem noted the City Council's concern with the loss of their heritage.
Discussion was also held regarding the impact of this decision with a separate action to relocate
billboards. James Troyer, Planning Director, noted that the billboard agreement is in effect.
Councilmember Gutierrez did not see the value in postponing the decision. He encouraged TLC to
take an interest in the historic nature of the property or sell it to someone who would.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 12 of 13
In response to Councilmember Spagnolo, Deputy City Attorney Flower confirmed that the structure
was designated as a notable structure. This designation allows for the property owner to request that it
be considered for Historic Landmark status. However, the Deputy City Attorney noted that the Historic
Preservation section of the Municipal Code allows the Planning Commission or staff to seek such
designation. That is what occurred in this situation.
Roy LaParry indicated that Lamar should have recognized the presence of the historic structure before
they purchased the property. He supported this designation as it would prevent demolition of the gas
station.
Ed Dietl stated that Lamar paid $240,000.00 for the property and indicated that the property has not
been on the market. An appraisal was done last month which resulted in a value of over $350,000.00.
Luana Hernandez noted that she lives in a Historic Landmark home. She urged the Council to move
forward and designate the structure as a Historic Landmark.
Becky Frost indicated that the Norton-Fisher House was a good example of designation and use of
Historic Landmarks. She noted that the integrity of the structure has been kept and the home is being
used to good purpose.
Gwyn Frost thanked the staff and Planning Commission for their hard work in bringing this matter
forward to the City Council.
John Anicic, President of the Etiwanda Historical Society, supported the designation. He noted that
concessions could be made in the future to perhaps develop the land behind the structure in order to
support the preservation of the gas station.
Cliff Jewel spoke in support of the designation.
Mayor Kurth closed the public hearing.
Mayor Pro Tem Michael thanked the Commission for their hard work and concurred with the
designation. Councilmember Gutierrez encouraged TLC to take a special interest in the property.
Mayor Kurth supported private property owner rights; however, there are special community needs that
also must be taken into consideration.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 09-072 approving
Historic Landmark DRC2009-00069. Motion carried 5-0.
O. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo announced Kickback Jack's Banquet Table of Life event, which will be held
on Saturday, April 25, 2009 from 6:00 a.m. to 3:00 p.m. He reminded the Council and the audience of
the upcoming freeway closures.
Councilmember Gutierrez shared pictures of last week's Easter Egg Hunt. He thanked the Police
Explorers and Citizens on Patrol for their assistance that day.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 15, 2009
Page 13 of 13
Mayor Pro Tem Michael commented on Congressman Dreier's recent job fair. He requested that
another job fair be sponsored by the City in the near future. Mayor Pro Tem Michael also referenced
the Herrera matter and requested that staff investigate how the process can.be expedited in the future.
Lastly, Mayor Pro Tem Michael encouraged everyone to support the "National Crime Victims' Rights
Week" activities.
Councilmember Williams expressed concern with the number of people needing jobs. She hoped that
a real effort would be made to find local businesses willing to participate in another job fair.
Councilmember Williams announced the 2009 Cucamonga Challenge, which will be held on May 9,
2009 at Central Park.
Mayor Kurth commented on his attendance today at a Volunteer conference. He expressed support of
veterans and spoke of the picture in the Los Angeles Times on the job fair. Mayor Kurth stated that he
was in Sacramento yesterday with the California Medical Association providing comments on a better
healthcare system. He reminded everyone of the Ron Ives Bicycle Safety Rodeo and suggested that
the meeting be adjourned tonight in memory of Officer Ron Ives.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Councilmember Spagnolo requested that the Run for the Wall supporters be recognized.
Councilmember Gutierrez requested that a report be placed on a future meeting regarding the
nuisance abatement process, noting that perhaps a subcommittee could be formed.
R.. ADJOURNMENT
Mayor Kurth recessed the meeting to Closed Session at 10:00 p.m. The meeting adjourned at 11:10
p.m. in memory of Officer Ron Ives.
R "pectfully submitted,
Deb L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: May 6, 2009