HomeMy WebLinkAbout2009/08/05 - MinutesAugust 5, 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, July 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: Sam Spagnolo, Diane Williams,
Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor
Donald J. Kurth. Councilmember Rex Gutierrez was absent.
Also present were: James Markman, City Attorney; Pamela Easter, Assistant City Manager; 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:
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
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 5:05 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session adjourned at 6:45 p.m. with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 1 of 14
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 7:00 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: James Markman, City Attorney; Pamela Easter, Assistant City Manager; John
Gillison, Deputy City Manager/Administrative Services; Linda Daniels, Interim Deputy City
Manager/Redevelopment Director; James Troyer, Planning Director; Mark Steuer, Director of
Engineering Services; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police
Department; Bill Wittkopf, Public Works Services Director; Trang Huynh, Building 8 Safety Official;
Robert Karatsu, Library Director; Jim Frost, City Treasurer; Jan Reynolds, City Clerk; Debra McKay,
Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
Presentation of "The State of the Utility System" -Southern California Edison
Christian Nelson, Regicn Manager for Southern California Edison made the presentation.
Recognition of Minuteman Press as Chamber of Commerce's Small Business of the Year
This item will be rescheduled for a future Council meeting.
I. PUBLIC COMMUNICAT[ONS
lf. Jerie Lee addressed Item N3 (Commencement of Proposition 218 Ballot Procedures for
LMD Nos. 4, 6 8 8). She wondered why LMD No. 2 was not included as the District lacks
sufficient funds to maintain the landscaping at an appropriate level. She was told that this was
due to the water rates being increased, but she had checked with the Cucamonga Valley Water
District and the water rate has not increased. Ms. Lee wondered where the money has gone
and why the maintenance of LMD No. 2 has stopped.
12. David Williams invited the City Council to visit the Islamic Center of the Inland Empire on
August 22, 2009 and distributed invitations.
13. Jim Frost spoke about the need for people to speak with their family members about
military service and to honor the members of the military while they are still alive.
14. John Lyons indicated that the City is doing a great job in his Landscape Maintenance
District. He noted that Whiskey Pete's at Stateline allows pets in the establishment. Mr. Lyons
stated that the unemployment benefits are running out and need to be extended. Lastly, he
recognized the problems with medical insurance and the need to change.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 2 of 14
I5. JoAnn Henkel submitted a petition requesting that the City Council establish Monday thru
Saturday permit parking. Also, the petition requested that the Municipal Code be changed to
allow the establishment of permit parking districts for "any public street or portion thereof" as
is done in the cities of Ontario, Fontana, and 33 other cities.
I(i. Jonathan Brancati stated that he fives in Skyline Estates. He indicated that 100 to 200
people a day access the trailhead to Cucamonga Canyon. They are parking on Skyline,
Inspiration, Crestview and Crestview Court. Mr. Brancati expressed concerns with trash being
left in the front yards and the lack of restrooms. He noted that there is a no parking sign in
front of one home, which forces the parking fo affect other homes on the street. There is a bus
stop at Almond and Crestview. Mr. Brancati wondered why a wilderness pass is not required
and why the trailhead is not patrolled. He suggested that residential parking signs be put up.
In response, the Assistant City Manager stated that a team has been formed to review this
matter to see what solutions can be found.
17. James Kenny indicated that no one patrols the trailhead. The Forest Service has shut off
the access and forced these people in our neighborhood.
/8. Kathleen Norcia stated that she lives in Skyline Estates as well. She expressed concerns
with vehicles blocking her mailbox, confrontations with the non residents and the lack of
restrooms. She asked for the Council's assistance.
19. Otis Radford noted that people park on the street, undress, put on sunscreen and then
unload their supplies and walk to the trailhead. When they return, trash is left in the street. He
requested the Council's assistance.
I10. Garry Nichols stated that he also lives in Skyline Estates. He didn't believe that people
were allowed in this area and suggested that permit parking could resolve this matter.
111. Richardo Ramirez stated that people are loitering and leaving trash. He requested the
Council's assistance.
Councilmember Gutierrez requested that a status report on this matter be placed on the next
agenda. Mayor Pro Tem Michael concurred and suggested that the Forest Service be contacted
to obtain clarification regarding the wilderness pass. Councilmember Spagnolo suggested that
patrol increase in that area in the meantime. Also, the Council asked that a representative from
the Forest Service be in attendance at the meeting. Councilmember Williams inquired if signs
could be put up discouraging the use of fire and barbecues in that area.
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.
Pamela Easter, Assistant City Manager, noted that Item J4 has been removed from the
agenda. Mayor Pro Tem Michael removed Item J5 for discussion.
J1. Approval of Minutes: July 15, 2009 (Regular Meeting -Kurth absent)
J2. Approval of Check Register dated July 8 through July 28, 2009, for the total amount of
$2, 866.030.06.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 3 of 14
J3. Approval for the purchase of twenty-one (21) Panasonic Toughbook CF-19 convertible tablets
for the Dispatch Transition Project, from CDCE, Inc. of Yorba Linda, California, piggybacking
on the competitively bid National Intergovernmental Purchasing Alliance ("National IPA")
contract in the amount of $121,189.31, to be funded from Acct. Nos. 2505801-5605
($81,196.07) and 3289-501-5603 ($39,993.03).
J4. Approval to execute contract renewals (CO 90-143, 90-144, 93-041, 93-080, 02-018) with
Trugreen Landcare of Upland, California, for the maintenance of various landscape sites
citywide, in the amount not to exceed $2,169,560 in accordance with City Council approval
provided on February 4, 2009, for FY 2008/09 with the option to renew for additional one-year
periods up to a total of four (4) years with FY 2009/10 being the first of the four (4) years,
upon review and confirmation of pricing and mutual consent of the City Manager and
contractor; to be funded from various General Fund Accounts, Foothill Boulevard
Maintenance Account, Landscape Maintenance District Accounts, and RDA Administration
Account, as approved in the Fiscal Year 2009/2010 Budget. (Removed from the Agenda)
J5. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $2,335,350.59, to the apparent low bidder, Southwest Construction Company,
Inc., and authorize the expenditure of a 20% contingency in the amount of $467,070.12, for the
Pacific Electric Trail Phase 4 -Grove Avenue tc Amethyst Avenue to be funded from 2004 Tax
Allocation Bond Funds, Account No. 2660801-5650/1615660-0 and Pedestrian GranUArticle 3
Funds, Account No. 1214303-5650/1544214-0 and appropriate $1,679,311.31 to Account No.
2660801-5650/1615660-0 from 2004 Tax Allocation Bond Fund balance and $1,315,500.00 to
Account No. 1214303-5650/1544214-0 from Pedestrian GranUArticle 3 Fund balance, for a
total of $2,994,811.31 (Contract award of $2,335,350.59 plus 20% contingency in the amount
of $467,070.12 and $192,390.60 for soils and materials testing, construction survey services
and incidentals). (Pulled for discussion)
MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the
remaining staff reports contained within the Consent Calendar. Motion carried 5-0.
J5. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $2,335,350.59, to the apparent low bidder, Southwest Construction Company,
Inc., and authorize the expenditure of a 20% contingency in the amount of $467,070.12, for the
Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst Avenue to be funded from 2004 Tax
Allocation Bond Funds, Account No. 2660801-5650/1615660-0 and Pedestrian GranUArticle 3
Funds, Account No. 1214303-5650/1544214-0 and appropriate $1,679,311.31 to Account No.
2660801-5650/1615660-0 from 2004 Tax Allocation Bond Fund balance and $1,315,500.00 to
Account No. 1214303-5650/1544214-0 from Pedestrian GranUArticle 3 Fund balance, for a
total of $2,994,811.31 (Contract award of $2,335,350.59 plus 20% contingency in the amount
of $467,070.12 and $192,390.60 for soils and materials testing, construction survey services
and incidentals).
Mark Steuer, Director Engineering Services/City Engineer, reported that the bids received were well
below the engineer's estimate.
MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the
staff report. Motion carried 5-0.
K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 4 of 14
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
Bcardmember for discussion.
K1. Approval of Minutes: July 15, 2009 (Regular Meeting -Kurth absent)
K2. Approval of Check Register dated July 8 through July 28, 2009, for the total amount of
$374,619.51.
K3. Approval for the purchase of twenty-one (21) Panasonic Toughbook CF-19 convertible tablets
for the Dispatch Transition Project, from CDCE, Inc. of Yorba Linda, California, piggybacking
on the competitively bid National Intergovernmental Purchasing Alliance ("National IPA")
contract in the amount of $121,189.31, to be funded from Acct. Nos. 2505801-5605
($81,196.07) and 3289-501-5603 ($39,993.03).
K4. Approval to authorize Emcor Service/Mesa Energy Systems, Inc. (Emcor Service) to continue
as the single source service provider and installer for HVAC/control work and related energy
management systems for City and Fire District facilities at the same rates as Fiscal Year
2008/2009 in the amount of $215,767 for City facilities and $22,640 for Fire District facilities
for annual maintenance; approve extra work for City facilities not to exceed $165,000; and
perform indoor air quality modifications as needed at Citywide facilities not to exceed
$10,000; to be funded from Acct. No. 1001-312-5304, 1205-001-5304, 1700-201-5304, 3281-
511-5300, 3281-512-5300, 3281-513-5300, 3281-514-5300, 3281-515-5300, 3281-527-5300
and 3283-516-5300.
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.
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.
Pamela Easter, Assistant City Manager, removed Item L17 from the Agenda. She noted that the City
Council received a new report for Item L6.
L1. Approval of Minutes: July 15, 2009 (Regular Meeting -Kurth absent)
L2. Approval of Check Register dated July 8 through July 28, 2009, and payroll ending July 28,
2009, for the total amount of $7,933,107.12.
L3. Approval to authorize the advertising of the "Notice Inviting Bids' for the Installation of Street
Signals at the Intersection of 19'h Street and Jasper Street from Lighting District #1/Arterial
Streets, Acct. No. 1151-303-5650/1736151-0.
RESOLUTION NO. 09-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT
THE INTERSECTION OF 19T" STREET AND JASPER STREET IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 5 of 14
L4. Approval to authorize the advertising of the "Notice Inviting Bids' for the Epicenter Stadium
Locker Room Shower Tile Replacement, Acct. No. 1025001-5602 (Capital Reserve).
RESOLUTION NO. 09-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE EPICENTER STADIUM LOCKER ROOM
SHOWER TILE REPLACEMENT AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO RECEIVE BIDS
L5. Public Convenience and/or Necessity DRC2009-00262 -Smash, LLC -Approval of a
request for a Public Convenience or Necessity for a Type 20 alcohol license to allow the sale
of packaged beer and wine for off-site consumption at an ARCO AM/PM convenience
store/gas station that will be located within a commercial center that will be constructed on
2.07 acres of land in the General Industrial (GI) District, Subara 8 at the southeast corner of
Etiwanda Avenue and Arrow Route; APN: 0229-141-10 and -11. Related file: Conditional
Use Permit DRC2006-00580. Staff has determined that purxuant to CEQA Guidelines
Section 15162, no subsequent or supplemental EIR or Negaitive Declaration is required in
connectio with subsequent discretionary approvals of the same project.
RESOLUTION NO. 09-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE AND/OR NECESSITY DRC2009-00262 FOR A
TYPE 20 ALCOHOL BEVERAGE LICENSE TO ALLOW THE SALE OF
PACKAGED BEER AND WINE FOR OFF-SITE CONSUMPTION AT AN
ARCO AM/PM CONVENIENCE STORE/GAS STATION THAT WILL BE
LOCATED WITHIN A COMMERCIAL CENTER ON 2.07 ACRES OF LAND
IN THE GENERAL INDUSTRIAL (GI) DISTRICT (SUBAREA 8), LOCATED
AT THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND ARROW
ROUTE; APN: 0229-141-10 AND -11
L6. Approval to allocate $45,000 awarded by the California State Library into Library Revenue
Account 1302000-4740 and allocate $45,000 donated by the Library Foundation into
Revenue Account 1302000-4909 and appropriate $7,000 into Expenditure Account 1302601-
5100 and $21,000 into Expenditure Account 1302601-5200 and $62,000 into Expenditure
Account 1302601-5300.
L7. Approval of an annual support agreement, as asingle-source, with IBM Corporation for
hardware and software maintenance for Fiscal Year 2009/2010 in the amount of $67,213, to
be funded from Acct. 1001209-5300 (contract services); with an option to renew for a one (1)
year term for up to four (4) years, with a maximum yearly increase of 10% and the addition of
out-of-warranty maintenance for existing and new hardware.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 6 of 14
L8. Approval to authorize Emcor Service/Mesa Energy Systems, Inc. (Emcor Service) to continue
as the single source service provider and installer for HVAC/control work and related energy
management systems for City and Fire District facilities at the same rates as Fiscal Year
2008/2009 in the amount of $215,767 for City facilities and $22,640 for Fire District facilities
for annual maintenance; approve extra work for City facilities not to exceed $165,000; and
perform indoor air quality modifications as needed at Citywide facilities not to exceed
$10,000; to be funded from Acct. No. 1001-312-5304, 1205-001-5304, 1700-201-5304, 3281-
511-5300, 3281-512-5300, 3281-513-5300, 3281-514-5300, 3281-515-5300, 3281-527-5300
and 3283-516-5300.
L9. Approval of a Resolution of the City Council approving the appliction for Used Oil Recycling
Block Grant Funds from the California Integrated Waste Management Board.
RESOLUTION NO. 09-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE APPLICTION FOR
USED OIL RECYCLING BLOCK GRANT FUNDS FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
L10. Approval of a Resolution authorizing the destruction of City records pursuant to California
Government code Section 34090, the City's Records Rentention Schedule, and other
applicable legal citations.
RESOLUTION NO. 09-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CITY RECORDS WHICH ARE NO LONGER REQUIRD AS SET FORTH
IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER
APPLICABLE LEGAL REFERENCES
L11. Approval to maintain City Transportation Fees required by County Measure I at their current
level for the next 12 months, and direct staff to update City Transportation Fees to reflect current
construction costs when the next County Measure I fee update cycle occurs in June, 2010.
L12. Approval of Improvement Agreement Extenstion for Tract 16113, located on the southwest
corner of Wilson and East Avenues, submitted by Trimark Pacific Rancho Cucamonga, LLC.
RESOLUTION NO. 09-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 16113
L13. Approval to authorize the execution of Program Supplement Agreement No. G15 to
Administering Agency-State Agreement (CO 09-243) for State Fund Project No. 002292
between the City of Rancho Cucamonga and the State of California, Department of
Transportation.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 7 of 14
RESOLUTION NO. 09-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND
SIGNING OF PROGRAM SUPPLEMENT AGREEMENT NO. G15 TO
ADMINISTERING AENCY-STATE AGREMENT FOR STATE FUNDED
PROJECT NO. 00229S BETWEEN THE CITY OF RANCHO
CUCAMONGA AND THE STATE OF CLAIFORNIA, DEPARTMENT OF
TRANSPORTATION
L14. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $2,335,350.59, to the apparent low bidder, Southwest Construction Company,
Inc. (CO 09-262), and authorize the expenditure of a 20% contingency in the amount of
$467,070.12, for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst Avenue to be
funded from 2004 Tax Allocation Bond Funds, Account No. 2660801-5650/1615660-0 and
Pedestrian GranUArticle 3 Funds, Account No. 1214303-5650/1544214-0 and appropriate
$1,679,311.31 to Account No. 2660801-5650/1615660-0 from 2004 Tax Allocation Bond
Fund balance and $1,315,500.00 to Account No. 1214303-5650/1544214-0 from Pedestrian
GranUArticle 3 Fund balance, for a total of $2,994,811.31 (Contract award of $2,335,350.59
plus 20% contingency in the amount of $467,070.12 and $192,390.60 for soils and materials
testing, construction survey services and incidentals)
L15. Approval to execute a contract renewal (CO 07-189) with WSA Security, Inc. (CO 07-189) for
security guard services at various City facilities for Fiscal Year 2009/2010, in an annual
amount of $319,880 ($313,880 annual amount plus $6,000 emergency service) with no
increase in hourly rate for regular/emergency service, to be funded from Acct. No. 1001-312-
5304, 1133-303-5304, 1700-201-5304, and 1290-606-5300 for Fiscal Yar 2009/2010.
L16. Approval of consent to indirect transfer of control of NEXTG Networks of California, Inc. at its
parent level with no change of ownership or interest in NEXTG and no impacts to City
aspects of original agreement.
RESOLUTION NO. 09-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONSENTING TO THE INDIRECT
TRANSFER OF CONTROL OF NEXTG NETWORKS OF CALIFORNIA,
INC.
L17. Approval to execute contract renewals (CO 90-143, 90-144, 93-041, 93-080, 02-018) with
Trugreen Landcare of Upland, California, for the maintenance of various landscape sites
citywide, in the amount not to exceed $2,169,560 in accordance with City Council approval
provided on February 4, 2009, for FY 2008/09 with the option to renew for additional one-year
periods up to a total of four (4) years with FY 2009/10 being the first of the four (4) years,
upon review and confirmation of pricing and mutual consent of the City Manager and
contractor; to be funded from various General Fund Accounts, Foothill Boulevard
Maintenance Account, Landscape Maintenance District Accounts, and RDA Administration
Account, as approved in the Fiscal Year 2009/2010 Budget. (Removed from the Agenda)
L18. Approval of Improvement Agreement Extension for DRC2005-00831, located on the
northeast corner of Vineyard Avenue and San Bernardino Road, submitted by Diogenes and
Elizabeth Corpus.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 8 of 14
RESOLUTION NO. 09-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
DRC2005-00831
L19. Approval to accept Improvements, release the Faithful Performance Irrevocable Letter of
Credit, accept a Maintenance Cash Deposit and file a Notice of Completion for improvements
for DRC2005-00905, located on the east side of White Oak Avenue cul-de-sac, south of
Jersey Boulevard, submitted by Charles and Lawrence Karubian.
RESOLUTION NO. 09-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2005-00905 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L20. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance Cash Deposit and file a Notice of Completion for improvements for Parcel Map
16767, located on the north side of Foothill Boulevard, 600 feet west of Etiwanda Avenue,
submitted by Caroline Lee.
RESOLUTION NO. 09-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 16767 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L21. Approval to accept the Improvements and release the Faithful Performance Bond for
ROW2008-00434, located on East Avenue from Day Canyon Drive and Victoria Street to I-15
Freeway, submitted by AIRX Utility Surveyors, Inc.
RESOLUTION NO. 09-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR ROW2008-00434 AND RELEASE THE FAITHFUL
PERFORMANCE BOND
L22. Approval to accept the construction of Southbound I-15 Onramp Widening at Base Line Road
improvements, Contract No. 08-072 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 $339,994.20.
RESOLUTION NO. 09-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF
SOUTHBOUND I-15 ONRAMP WIDENING AT BASE LINE ROAD
IMPROVEMENTS, CONTRACT NO. 08-072 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 9 of 14
L23. Approval to release Faithful Performance Bond No. 4362345, retained in lieu of Maintenance
Guarantee Bond, in the amount of $109,498.00 for the Victoria Gardens Cultural Center
Fencing, Contract No. 07-088.
L24. Approval to release Maintenance Guarantee Bond for DRC2006-00006, located on the
northwest corner of Haven and Lemon Avenue, submitted by HB Housing Partners, L.P.
L25. Approval to release Maintenance Guarantee Bond for Parcel Map 17939, located on the east
side of Haven Avenue, south of Sixth Street, submitted by Rock-Haven, LLC.
L26. Approval to release Maintenance Guarantee Bond for Tract 16226 and 16227 (LMD
Landscaping), located north of the extension of Day Creek Boulevard and west of Etiwanda
Avenue, submitted by JTY Investment, LLC.
L27. Approval of Reconveyance of Deed of Trust and Assignment of Rents for Lot 10, Document
No. 2009-0159064, and Lot 45, Document No. 2009-0159063, of Tract 17919 to Bella
Victoria, LP, a California Limited Partnership, located on the northwest corner of East Avenue
and Miller Avenue.
RESOLUTION NO. 09-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECONVEYING DEED OF TRUST AND
ASSIGNMENT OF RENTS FOR LOTS 10 (DOCUMENT NO. 2009-
0159064) AND 45 (DOCUMENT NO. 2009-0159063) OF TRACT 17919,
LOCATED ON THE NORTHWEST CORNER OF EAST AVENUE AND
MILLER AVENUE
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the
remaining staff reports contained within the Consent Calendar. Motion carried 5-0-.
M. CONSENT ORDINANCES
The following Ordinances 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. DEVELOPMENT CODE TEXT AMENDMENT DRC2009-00452 - CITY OF RANCHO
CUCAMONGA - A proposed amendment to the Development Code, amending Section
17.14.040 to clarify that the Victoria Gardens Master Plan shall control the development
process in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center,
located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill
Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and
Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381,
General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-
00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master
Plan Amendment DRC2009-00145 and Development Agreement Amendment DRC2008-
00385. This item will be forwarded to the City Council for final action.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 10 of 14
ORDINANCE NO. 817 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2009-00452 A REQUEST TO AMEND SECTION
17.14.040. F. TO CLARIFY THAT THE VICTORIA GARDENS MASTER
PLAN SHALL CONTROL THE DEVELOPMENT PROCESS IN THE VGMP
AREA FOR THE VICTORIA GARDENS REGIONAL MIXED USE
LIFESTYLE CENTER, AND MAKING FINDINGS IN SUPPORT THEREOF
Pamela Easter, Assistant City Manager, presented the staff report.
MOTION: Moved by Michael, seconded by Williams to adopt Ordinance No. 817 for second
reading. Motion carried 5-0.
N. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
N1.
RANCHO CUCAMONGA FOR SUCH FACILITIES
ORDINANCE NO. 818 (Urgency)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, PROHIBITING CREMATORIES
IN ALL LAND USE ZONES AND PROHIBITING THE ISSUANCE OF
BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR
SUCH USES WITHIN THE CITY OF RANCHO CUCAMONGA, AND
DECLARING THE URGENCY THEREOF
Donald Granger, Senior Planner, presented the staff report.
Jim Markman, City Attorney, addressed Mayor Kurth and indicated that 45 days is the maximum
amount of time that this Ordinance could be in effect. In response to Mayor Pro Tem Michael, Mr.
Markman confirmed that a 4/5 vote of the Council was needed and that once adopted, the
Ordinance would be effective immediately. In response to Councilmember Williams, discussion was
held regarding why the applicant for the crematorium had withdrawn the application.
MOTION: Moved by Michael, seconded by Williams to adopt Ordinance No. 818 by urgency.
Motion carried 5-0.
~.
N2.
STIMULUS PACKAGE
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 11 of 14
ORDINANCE NO. 819 (first reading)
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, AMENDING ORDINANCE 802,
TEMPORARILY REVISING REGULATIONS RELATING TO DURATION
OF BUILDING AND GRADING PERMITS AND DEFERRAL OF CERTAIN
DEVELOPMENT IMPACT FEES, SECTION 4 ITEM B
Dan James, Senior Civic Engineer, presented the staff report.
Mayor Pro Tem Michael commented that during the recent summit, a developer had approached him
and indicated his appreciation of the deferral of these fees. In response to Mayor Pro Tem Michael,
Mr. James stated that a similar program could be considered in 2010 if a similar economic condition
is experienced.
Mayor Kurth supported the extension and if necessary, another action to keep the economy moving.
MOTION: Moved by Williams, seconded by Michael, to waive further reading of Ordinance No. 819
and set second reading for August 17, 2009. Motion carried 5-0.
N3. APPROVAL TO COMMENCE PROPOSITION 218 BALLOT PROCEDURES FOR
LANDSCAPE MAINTENANCE DISTRICT (LMD) NOS. 4, 6, AND 8
John Gillison, Deputy City Manager/Administrative Services, presented the staff report.
In response to Councilmember Williams, Mr. Gillison addressed the handling of the ballots. Jim
Markman, City Attorney, noted that the ballots need to state the level of service and the proposed cost.
During this process, the City needs to provide information but not be an advocate. In response to
Mayor Pro Tem Michael, Mr. Gillison did not have an example of Level F, as no districts in the City
have fallen to that level of service.
Mr. Gillison addressed Mayor Kurth and stated that if the residents do not support the ballot measure,
the City would eventually turn the utility off as there is not enough revenue to pay for costs. Mr.
Markman indicated that staff will meet with the property owners and try to determine the level of
service that is desired.
In response to Councilmember Spagnolo, Mr. Gillison addressed the possibility of including snot-to-
exceed CPI escalator. He indicated that LMD Nos. 9 & 10 currently have CPI adjustments.
Pamela Easter, Assistant City Manager, stated that a mailer would be sent out to the property owners,
which would provide information on the matter and notice the upcoming community meeting. Also,
information would be provided on the City's Internet site.
In response to Mayor Pro Tem Michael, Mr. Gillison confirmed that LMDs are in most of the City. It
was noted that Proposition 218 does not dictate to the City ww*en to initiate ballot proceedings.
Councilmember Gutierrez requested a copy of the PowerPoint presentation. In response to
Councilmember Gutierrez, Mr. Gillison confirmed that a portion of cost far graffiti removal is borne by
the LMD. Councilmember Gutierrez inquired if more information on the balance in each LMD could be
provided. He stated that there should be some flexibility with the landscape company, as he would
rather delay pruning or trimming in order to ensure timely weed abatement. In response, Mr. Gillison
noted that the contracts are standardized due to the number of LMDs in the City.
In response to Councilmember Gutierrez, Mr. Gillison stated that he could research when the cost of
the maintenance began to exceed the revenue being collected. It was estimated that the election
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 12 of 14
process would cost at least $50,000. In response to Councilmember Gutierrez, Mr. Gillison suggested
that the Engineer's Reports for each LMD, not maps, be provided.
In response to Mayor Kurth, Mr. Gillison confirmed that the City is not profiting from the revenue
collected from these districts. While the Mayor does not support raising taxes, he indicated that this
action puts the question to the voters. It will be their decision if they want to pay an increased
assessment.
Mayor Pro Tem Michael noted that the assessments have not been raised since 1993. He indicated
that the property owners need to determine what level of service they would like in each LMD. Mayor
Pro Tem Michael reiterated that each LMD is kept separate from the General Fund.
Councilmember Williams thanked Mr. Gillison for a wondertul presentation. She requested that the
entire City Council receive a copy of the PowerPoint presentation.
MOTION: Moved by Williams, seconded by Michael, to direct staff to commence Proposition 218
ballot procedures for Landscape Maintenance District Nos. 4, 6 and 8. Motion carried 5-0.
N4. UPDATE ON STATE BUDGET
Pamela Easter, Assistant City Manager, presented the staff report
Councilmember Spagnolo reported that the Governor has announced plans to call an emergency
session of the Legislature. He noted that a delegation from the City recently went to Washington, D.C.
to meet with Congressman Dreier. They also met with representatives from Homeland Security and
FEMA to talk about the fire grants and the Department of Transportation regarding interchange
improvements.
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.)
02. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo indicated that he attended the National Night Out program and thanked
Target for their support. He reported that there will be a community garden meeting tomorrow night at
the Lions Center West at 7 p.m.
Councilmember Gutierrez appreciated the National Night Out program. He reminded everyone to be
careful now that the youth are going back to school.
Mayor Pro Tem Michael indicated that the Postal Service is closing two post offices and expressed a
concern with how these closures would affect the residents as well as the remaining facility. He
requested that staff meet with the Postmaster to discuss this matter. Perhaps additional mailboxes could
be placed or postal annexes could be added.
Councilmember Williams wondered if an automatic postal service could be placed at a community center
or senior center. She indicated that the National Night Out was great and thanked the host captains and
the neighborhood watch captains. Councilmember Williams commended TAMCO Steel for their recent
"Project Isaiah" event. She encouraged families to walk or ride a bike when they take their children to
school.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 13 of 14
Mayor Kurth noted that he attended the grand opening of the One-Stop Transitional Youth Center. He
concurred that the National Night Out program was very successful. Mayor Kurth referenced the State
budget decisions and indicated that the City would make sensible and logical decisions when addressing
the loss of revenue to the State.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified
` Q. ADJOURNMENT
Mayor Kurth adjourned the meeting at 10:20 p.m.
Respectfully submitted,
~~~~
Debra L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: August 19, 2009
Redevelopment Agency, Fire Protection District, City Council Minutes
August 5, 2009 -Page 14 of 14