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HomeMy WebLinkAbout2009/09/02 - MinutesSeptember 2, 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, September 2, 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 5:35 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman/PresidenUMayor Donald J. Kurth. Vice Chairman/Vice PresidentMayor Pro Tem L. Dennis Michael was absent. Also present were: Jack Lam, City Manager, Steven Flower, Deputy City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Interim Deputy City Manager/Redevelopment Agency Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/PresidenUMayor Donald J. Kurth announced the closed session item: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9561 SAN BERNARDINO ROAD; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF LEASE - RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. CITY 1VIANAGER ANNOUNCEMENTS No announcements were made. F. RECESS , The closed session adjourned at 5:55 p.m. with no action taken. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 1 of 16 ' ~ G. SPECIAL MEETING CALL TO ORDER - f):OO P.M. .. COUNCIL CHAMBERS` • The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a special meeting on Wednesday, September 2, 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 6:07 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman/PresidenUMayor Donald J. Kurth. Vice ChairmanlVice PresidenUMayor Pro Tem L. Dennis Michael was absent. Alsc present were: Jack Lam, City Manager; Steven Flower, Deputy City Attorney; 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 & 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. G3. Presentations A. Recognition of Library Telethon Donors. Robert Karatsu, Library Director, thanked the Library Telethon sponsors. B. Recognition of volunteers for Fire District's "No Fireworks' Campaign. Chief Peter Bryan recognized the young men and young women of the Terra Vista Ward of the Church of Jesus Christ of Latter-Day Saints and the young men and young women of the San Sevaine Ward of the Church of Jesus Christ of Latter-Day Saints for their help in the Fire Districts "No Fireworks" campaign. C. Presentation of donation raised by the Rancho Cucamonga Quakes from the "Bark in the Ball Park" Events. Gerald McKarney, Quakes General Manager and Rachel Barker, Quakes Ticket Office Manager presented a donation to Joe Pulcinella, Animal Services Director and Barbara Hansen, Animal Care & Services Program Specialist for the Animal Shelter. D. Recognition of the members of RC CARES for the "Putt for Paws' Event. Joe Pulcinella, Animal Services Director thanked Suzanne Buquet, Event Chair and the members of RC CARES for the "Putt for Paws' event. E. Recognition of Vineyard Little League 9/10 Division District 71 Champions and Section 8 Champions. Mayor Kurth presented certificates of achievement to the Vineyard Little League 9/10 Division for winning the District 71 and Section 8 Championship. Recognition of Vineyard Little League 10/11 Division District 71 Champions. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 2 of 16 Mayor Kurth presented certificates.of achievement to the Vineyard Little League 10/11 Division for winning the District 71 Championship. G. Recognition of Deer Canyon Little League Major Division District 71 Champions. Mayor Kurth presented certificates of achievement to the Deer Canyon Little League Mayor Division for winning the District 71 Championship. H. Recognition of Alta Loma Little League Junior Division District 71 Champions and Section 8 Champions Mayor Kurth presented certificates of achievement to the Alta Loma Little League Junior Division for winning the District 71 and Section 8 Championship. Recognition of Citrus Little League Senior Division District 71 Champions. Mayor Kurth presented certificates of achievement to the Citrus Little League Senior Division for winning the District 71 Championship. H. RECESS SPECIAL MEETING TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETING AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The special meeting adjourned at 7:02 p.m. with no action taken. L REGULAR MEETING. CALL TO ORDER.- 7:00 P.M. COUNCIL CHAMBERS The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a special meeting on Wednesday, September 2, 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 7:12 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Chairman/PresidentMayor Donald J. Kurth. Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael was absent. Also present were: Jack Lam, City Manager, Steven Flower, Deputy City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda D. Daniels, Interim Deputy City Manager/Redevelopment Agency 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 & 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. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 3 of 16 J. ANNOUNCEMENTS/PRESENTATIONS J1. Recognition of Minuteman Press as Chamber of Commerce "Small Business of the Year." This item was removed from the agenda and will be rescheduled. J2. Presentation of a Certificate to Flemings Prime Steakhouse from the Rancho Cucamonga Community Foundation and City Council for their ongoing support of performing arts programs at the Lewis Family Playhouse. Mayor Kurth presented a certificate of appreciation to Flemings Prime Steakhouse for their support of performing arts and programs. J3. Presentation of a Proclamation to Ralph and Maxine Strane for their commitment and long- term involvement with the community. Mayor Kurth presented a proclamation to Ralph and Maxine Strane for their community involvement. J4. Presentation of a Proclamation recognizing the month of September 2009 as "National Preparedness Month" in conjunction with the U.S. Department of Homeland Security's Federal Emergency Management Agency. Mayor Kurth presented a proclamation declaring the month of September as "National Preparedness Month" to Breanna Medina, Emergency Preparedness Specialist. K. PUBLIC COMMUNICATIONS 11. Robert Coberly, President of the Library Board of Trustees and Jennifer Downey, Librarian announced the upcoming Big Read, to be held from September 18 to October 15, 2009. 12. Kristeen Ramirez from the Cucamonga Valley Water District discussed the pending expansion of their regional recycled water system. 13. Jim Frost indicated that four veterans with no family and a spouse will be buried at the Bakersfield National Cemetery on Monday. He stated that former employee Matthew Ramirez was killed on August 24, 2009 by a hit and run driver and stressed the need to find the person responsible. 14. John Lyons stated that his heartfelt prayer to the families of Captain Tedmund Hall and Fire Fighter Arnaldo Quinones. He indicated that he was opposed to the proposed public safety tax but expressed his support for a wildland urban intertace tax. Lastly, Mr. Lyons urged disaster planning. 15. James Kenny expressed concerns relating to people visiting Cucamonga Canyon. He stated that staff should recommend solutions and requested the Council's assistance in solving the problem. 16. Christian Nelson from the Cucamonga Christian Fellowship noted that the fellowship has pledged to perform 23 acts of mercy and justice over 23 days. Mr. Nelson indicated that members have been praying for the City Council for several weeks and noted that several people are present tonight to publicly pray for the City Council. A prayer was said for the City Council and staff. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 4 of 16 17. Gerhard Kramer from the Cucamonga Christian Fellowship prayed for the City Council and staff. 18. Jill Parsons from the Cucamonga Christian Fellowship prayed for the City Council and staff. 19. Peggy Bomortino from the Cucamonga Christian Fellowship prayed for the City Council and staff. 110. Janet Walton from the Cucamonga Christian Fellowship prayed for the City Council and staff. 111. Otis Radford concurred with the concerns raised by James Kenny and thanked the Council for their support. 112. Jim Moffatt, stated that the real issue with Cucamonga Canyon visitors is the parking in the street, trash, etc. He supported resident parking only on the affected streets. L: 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. L1. Approval of Minutes: August 19, 2009 (Regular Meeting -Kurth absent) L2. Approval of Check Register dated August 12 through August 25, 2009 for the total amount of $774,262.28. L3. Approval of acquisition of a portion of real property, identified as 8462, 8410 and 8318 Foothill Boulevard and 8345 Red Hill Country Club Drive in the City of Rancho Cucamonga, County of San Bernardino, State of California, and identified as San Bernardino County's Assessor's Parcel Numbers: 0207-101-13, 0207-101-31, 0207-101-34 and 0207-101-41 for the Foothill Boulevard Improvement Project from Grove Avenue to Vineyard Avenue. (REMOVED FOR DISCUSSION BY BOARDMEMBER GUTIERREZ) L4. Approval to accept the Foothill Boulevard/Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project, Contract No. RA 09-006, 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 $424,895.87. RESOLUTION NO. RA 09-014 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD/ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE PROJECT, CONTRACT NO. RA 09-006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L5. Approval to accept the Rancho Cucamonga Family Sports Center Basketball Gym Painting Project, Contract No. 09-242 as complete, release the bonds, retain the Faithful Performance Bond to act as a Maintenance Guarantee Bond, and authorize the Public Works Services Director to file a Notice of Completion and approve the final contract amount of $12,300. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 5 of 16 RESOLUTION NO. RA 09-015 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO CUCAMONGA FAMILY SPORTS CENTER BASKETBALL GYM PAINTING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 4-0, with Vice Chairman Michael being absent. L3. Approval of acquisition of a portion of real property, identified as 8462, 8410 and 8318 Foothill Boulevard and 8345 Red Hill Country Club Drive in the City of Rancho Cucamonga, County of San Bernardino, State of California, and identified as San Bernardino County's Assessor's Parcel Numbers: 0207-101-13, 0207-101-31, 0207-101-34 and 0207-101-41 for the Foothill Boulevard Improvement Project from Grove Avenue to Vineyard Avenue. (REMOVED FOR DISCUSSION BY BOARDMEMBER GUTIERREZ) In response to Boardmember Gutierrez, Mark Steuer, Director of Engineering Services/City Engineer, addressed the location of these properties. MOTION: Moved by Gutierrez, seconded by Spagnolo, to approve the staff recommendations in the staff report. Motion carried 4-0, with Vice Chairman Michael being absent. M. 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. M1. Approval of Minutes: August 19, 2009 (Regular Meeting -Kurth absent) M2. Approval of Check Register dated August 12 through August 25, 2009, for the total amount of $127,149.65. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0, with Vice President Michael being absent. N. 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. N1. Approval of Minutes: August 19, 2009 (Regular Meeting -Kurth absent) N2. Approval of Check Register dated August 12 through August 25, 2009, and payroll ending August 25, 2009, for the total amount of $4,775,539.15. N3. Approval of a recommendation from the Park and Recreation Commission of proposed policy regarding reservation and rental of special event areas and open spaces in parks. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 6 of 16 N4. Approval of a recommendation from the Park and Recreation Commission regarding proposed fee modifications for program activities and facilities operated by the Community Services Department. N5. Approval of a request from the Friends of the Pacific Electric Trail for City assistance with their 5th Annual Cucamonga Challenge, to be held May 8, 2010. N6. Approval for the purchase of five (5) full size half-ton trucks from Wondries Fleet Group of Alhambra, California, as per Request For Bid ("RFB") #09/10-005 in the amount of $24,664.51 from Acct. No. 1140303-5604 (LMD 10 Capital Outlay-Vehicles) and $112,113.69 from Acct. No. 1712001-5604 (Vehicle and Equipment Replacement Fund), to be used by the Public Works Services Parks, Trees and Street Maintenance sections, Public Works Safety Coordinator, and Code Enforcement section. N7. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Measure "I" Six-Year Capital Improvement Program and Improvement Plan Expenditure Strategy for Measure "I" Funds covering Fiscal Years 2009/2015. RESOLUTION NO. 09-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" SIX-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2009/2015 AND IMPROVEMENT PLAN EXPENDITURE STRATEGY FOR THE EXPENDITURE OF MEASURE "I" FUNDS N8. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Measure "I" Five Year Capital Project Needs Analysis. RESOLUTION NO. 09-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS N9. Approval of a Resolution adopting a Memorandum of Understanding (CO 09-051) between the City of Rancho Cucamonga and the Mid-Manager/Supervisory Professional/General Employees for Fiscal Year 2009-10. RESOLUTION NO. 09-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MID- MANAGER/SUPERVISORY-PROFESSIONAL/GENERAL EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 N10. Approval of a Planned Drainage Facility Reimbursement Agreement, DRA-40 (CO 09-052), in conjunction with the development of Tract 17382, located on the east side of Center Avenue, between Arrow Route and 26`" Street, submitted by Lewis Investment Company, LLC. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 7 of 16 RESOLUTION NO. 09-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PLANNED DRAINAGE FACILITY REIMBURSEMENT AGREEMENT FOR MASTER PLAN STORM DRAIN LINE 58 IN HUMBOLDT AVENUE BETWEEN DEER CREEK CHANNEL AND MARINE AVENUE, DRA-40 N11. Approval of Utility Underground Reimbursement Agreement for Haven Avenue (URA-24) (CO 09-053) and Utility Underground Reimbursement Agreement for Fourth Street (URA-25) (CO 09-054) for Parcel Map 17303 located on the northwest corner of Haven Avenue and Fourth Street, submitted by Hileman Company, LLC. RESOLUTION NO. 09-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING UTILITY UNDERGROUND REIMBURSEMENT AGREEMENT FOR HAVEN AVENUE (URA-24) AND UTILITY UNDERGROUND REIMBURSEMENT FOR FOURTH STREET (URA-25) FOR PARCEL MAP 17303 LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND FOURTH STREET N12. Approval of an annual agreement with Waxie Sanitary Supply for janitorial supplies utilizing the Western States Contracting Alliance (WSCA) Master Price Agreement #102-5031-5, for one (1) year, with one (1) two-year extension option contingent upon the renewal of WSCA Price Agreement #102-5031-5, in the amount of $120,000, to be funded from various Public Works and Landscape Maintenance District Accounts. N13. Approval to release the Maintenance Guarantee Bond for DRC2004-01244, located on the northeast corner of Civic Center Drive and Red Oak Drive, submitted by Abundant Living Family Church. N14. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2006-00866 (storm drain), located on the north side of 6`" Street, west of Etiwanda Avenue, submitted by RWC Enterprises, Inc. RESOLUTION NO. 09-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2006-00866 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N15. Approval to release the Maintenance Guarantee cash deposit for Parcel Map 17423 (street improvements), located at the northeast corner of Haven Avenue and Trademark Parkway, submitted by CIP Gateway 1 & 2, LLC. N16. Approval to accept Improvements, release the Faithful Performance cash deposit, accept a maintenance bond and file a Notice of Completion for improvements for Parcel Map 17818, located at the southeast corner of Foothill Boulevard and Rochester Avenue, submitted by Footchester Partners I. LLC. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 8 of 16 RESOLUTION NO. 09-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17818 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N17. Approval to release the Maintenance Guarantee cash deposit for Parcel Map 18209, located on the southeast corner of Haven Avenue and Jersey Boulevard, submitted by Rack-Jersey, LLC. N18. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 17594, located on the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by F & F, LLC. RESOLUTION NO. 09-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17594 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N19. Approval to accept current improvements, due to Verizon's suspension of installation of fiber optic facilities, and release all bonds, release balance of construction deposit of $46,860.64 from Trust Account 1882000-2305/1720-0, and file a Notice of Completion for improvements for Verizon FIGS Project (ROW2009-00053) located Citywide, submitted by Verizon California, Inc. RESOLUTION NO. 09-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR VERIZON FIGS PROJECT (ROW 2009-00053) N20. Approval to accept Improvements and file a Notice of Completion for improvements for Tract 16114 (Landscape Maintenance District No. 7 improvements) located on the east side of East Avenue, south of Wilson Avenue, submitted by Trimark Pacific-Rancho Cucamonga, LLC. RESOLUTION NO. 09-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16114 (LANDSCAPE MAINTENANCE DISTRICT NO. 7 IMPROVEMENTS) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N21. Approval to accept the Foothill Boulevard/Etiwanda Avenue Sidewalks and Block Walls, and the Wilson Avenue Median Modification at Fields Place Project, Contract No. 09-176 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 $424,895.87. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 9 of 16 RESOLUTION NO. 09-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD/ETIWANDA AVENUE SIDEWALKS AND BLOCK WALLS, AND THE WILSON AVENUE MEDIAN MODIFICATION AT FIELDS PLACE PROJECT, CONTRACT NO. 09-176 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N22. Approval to accept the Above Ground Fuel Tank Improvement Project at the City Yard, Contract No. OS-115, 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 $655,290.75. RESOLUTION NO. 09-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ABOVE GROUND FUEL TANK IMPROVEMENT PROJECT AT THE CITY YARD, CONTRACT NO. OS-115 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N23. Approval to accept the Victoria Park Lane Pavement Rehabilitation from Fairmont Way to Rochester Avenue and from 300' east of Day Creek Boulevard to Base Line Road, Contract No. 09-199 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 $473,014. RESOLUTION NO. 09-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VICTORIA PARK LANE PAVEMENT REHABILITATION FROM FAIRMONT WAY TO ROCHESTER AVENUE AND FROM 300' EAST OF DAY CREEK BOULEVARD TO BASE LINE ROAD, CONTRACT NO. 09-199, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N24. Approval to accept the Fiscal Year 2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, Part 2, Contract No. 09-200 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $719,467.72. RESOLUTION NO. 09-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2009/2010 LOCAL STREET PAVEMENT REHABILITATION OVERLAY OF VARIOUS STREETS, PART 2, CONTRACT NO. 09-200, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N25. Approval to release Faithful Performance Bond No. 0443906, retained in lieu of a Maintenance Guarantee Bond, in the amount of $1,035,208.05 for the Alfreda Ward Maloof Greenbelt Project, Contract No. 07-211. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 10 of 16 N26. Approval to accept the Fiscal Year 2009/2010 Local Street Pavement Rehabilitation Overlay of Various Streets, Contract No. 09-187 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $791,787.21. RESOLUTION NO. 09-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2009/2010 LOCAL STREET PAVEMENT REHABILITATION OVERLAY OF VARIOUS STREETS PROJECT, CONTRACT NO. 09-187, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N27. Approval to accept the Hillside Road Pavement Rehabilitation from West City Limit to Beryl Street, Contract No. 09-202 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 $325,467.04. RESOLUTION NO. 09-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HILLSIDE ROAD PAVEMENT REHABILITATION FROM WEST CITY LIMIT TO BERYL STREET IMPROVEMENTS, CONTRACT NO. 09-202 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0, with Mayor Pro Tem Michael being absent. O. CONSENT ORDINANCES. ' The following Ordinance has 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. 01. ORDINANCE NO. 820 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 11 of 16 MOTION: Moved by Gutierrez, seconded by Williams, to adopt Ordinance No. 820 for second reading. Motion carried 4-0, with Mayor Pro Tem Michael being absent. P. 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. P1. CUCAMONGA - A request to amend the Development Code, Section 17.26, Wireless Communications Facilities. This action is exempt from environmental review pursuant to Section 15061(b)(3) df the State CEQA Guidelines. ORDINANCE NO. 821 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00625, REVISING REGULATIONS APPLICABLE TO THE INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES AND AMENDING CHAPTER 17.26 OF THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF Jennifer Nakamura, Associate Planner, gave the staff report In response to Mayor Kurth, Ms. Nakamura indicated that this Ordinance would allow wireless service in areas where it wouldn't have previously been possible. Also, she indicated that if we determined that utilities need to be placed underground in the future, the wireless companies would be notified of the need to relocate their equipment. In response to Councilmember Spagnolo, Ms. Nakamura confirmed that this Ordinance would allow the City the ability to regulate the placement of wireless communications facilities. She noted that the City is precluded from prohibiting towers, but can adopt regulations on the placement of the facilities. Councilmember Williams supported the adoption of the Ordinance and noted that most people would welcome the elimination of dead zones in their service. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading of Ordinance 821 and set second reading for October 7, 2009. Motion carried 4-0, with Mayor Pro Tem Michael being absent. P2. AND OTHER LAND USE ENTITLEMENTS WITHIN THE CITY OF RANCHO CUCAMONGA FOR SUCH FACILITIES Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 12 of 16 ORDINANCE NO. 818-A (URGENCY) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING INTERIM ORDINANCE N0.818, 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 Don Granger, Senior Planner, gave the staff report. In response to Councilmember Williams, Mr. Granger indicated that the application for a crematorium has been withdrawn and the case has been closed. The purpose of the moratorium is to allow time to develop regulations in the event that an application is submitted in the future. Mayor Kurth opened the public hearing. John Lyons noted that office use was intended on Haven Avenue and indicated that this type of use should be located in the heavy industrial area. As there are heavy winds in this area, Mr. Lyons did not think that crematoriums should be located adjacent to any residential area. Mayor Kurth closed the public hearing. Councilmember Williams noted that all of the environmental impacts associated with this use should be fully explored before the use is allowed in a specific zone. MOTION: Moved by Williams, seconded by Spagnolo, to adopt Ordinance No. 818-A by urgency. Motion carried 4-0, with Mayor Pro Tem Michael being absent. Q. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements 01. PUBLIC ACCESS KIOSK IN FRONT OF CITY HALL (Oral Report) Sid Siphosay, Information Services Analyst I, provided a PowerPoint presentation on the public access kiosk in front of City Hall. In response to Councilmember Gutierrez, Mr. Siphosay indicated that there are seven kiosks in various locations. In response to Councilmember Williams, it was noted that all information on the City's Internet sites are available at the public access kiosk. In response to Councilmember Spagnolo, John Gillison, Deputy City Manager/Administrative Services confirmed that there is adequate lighting for the kiosk and discussed its unique features. Councilmember Williams suggested that a public access kiosk be placed at Victoria Gardens. 02. UPDATE ON CONCERNS RELATING TO CUCAMONGA CANYON ACCESS (Oral Report) Linda Daniels, Interim Deputy City Manager/Redevelopment Director, stated that there was a meeting on August 31, 2009 with the residents. At that meeting, both long and short term solutions were discussed. The long term solution includes opening the gate, providing a paved parking area Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 13 of 16 with services and working with the U.S. Forest Service to patrol and provide proper maintenance of the area. Possible short term solutions include the establishment of a permit parking area, creating parking along Almond, working with the Forest Service to install signs regarding prohibited activities, working with adjacent property owners on the placement of no trespassing signs and increasing police patrol in the area. Mrs. Daniels noted that the City owns full right-of-way along a portion of Almond. This area could be graded and would allow approximately 40 cars. Signs could be installed directing people out of the neighborhood to the appropriate trail. She also discussed an option to establish a permit parking district, noting that 75% of the residents need to be supportive of the concept. The residents who attended the meeting recognized the need for outreach to other neighbors. Mrs. Daniels indicated that the residents were encouraged to call the Police Department and staff when there is a problem. In conclusion, she recommended that the matter be referred to a subcommittee so further work can be done. In response to Councilmember Gutierrez, parking along Almond was discussed. Councilmember Gutierrez expressed a concern with people walking through the neighborhood. It was noted that further discussion was needed. Councilmember Gutierrez stated that other options should be explored and inquired if a parking lot could be placed at the end of Almond. Visitors could travel through property owned by the Cucamonga Valley Water District. In response, Mrs. Daniels stated that although the District has been an active participant in the discussion, they have been hesitant to facilitate vehicular traffic. Oil and debris from vehicles could contaminate the water supply. Also discussed was the involvement of the private property owners adjacent to the neighborhood and speculation on how vehicles were accessing the area. Councilmember Spagnolo indicated that he supported parking regulations; however, he was concerned with how these regulations could affect other neighborhoods. He concurred with restrictive parking and signs as short term solution to the problem. Mayor Kurth noted that the U.S. Forest Service should be proactively addressing this matter. In response to Councilmember Gutierrez, Mrs. Daniels noted that there are no recognized Forest Service trails in this area. Councilmember Williams expressed a concern with fire in that area. She inquired if signage was in place prohibiting barbecues and incendiary devices in the canyon. Councilmember Williams also inquired about staffing at the Cucamonga Valley Water District plant. In response to Councilmember Williams, it was felt that District staff could notify the City of violations once signage was installed. Councilmember Spagnolo encouraged the Police and Fire Departments to be more proactive in the neighborhood until the matter can be resolved. Kathleen Norco confirmed that the problems are still occurring in the neighborhood. As a result of this matter, she noted that neighbors are talking about forming a neighborhood watch. She thanked the Council for their help. MOTION: Moved by Gutierrez, seconded by Williams, to refer the matter to the Public Works subcommittee. Motion carried 4-0, with Mayor Pro Tem Michael being absent. Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. R1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 14 of 16 Councilmember Spagnolo indicated that he attended the open house of Kids for Care. He encouraged families in need of day care services to visit the facility. Councilmember Spagnolo stressed the need for disaster preparedness and asked that the Mayor adjourn tonight's meeting in the memory of Fire Captain Tedmund Hall and Fire Fighter Specialist Arnaldo Quinones. Councilmember Gutierrez noted that he attended the services for Matthew Ramirez and urged the community to keep the Ramirez family in their prayers. He recently visited Cucamonga Canyon and provided photographs. Councilmember Williams stated that Kids for Care is a great program and noted that it will assist families in finding qualified job care. She congratulated the Chamber of Commerce on another successful Vintern's dinner. Councilmember Williams noted the recent volunteer recognition event and thanked all of the City's volunteers. Mayor Kurth noted that he attended the Royal Rangers Gold Medal of Achievement event. Last week, he contacted the Chaffey College President to discuss parking on campus and ended up taking a tour of the campus. Lastly, Mayor Kurth thanked the people from Cucamonga Canyon Fellowship. R2. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATION REGARDING AN APPOINTMENT TO THE PARK AND RECREATION Councilmember Williams reported that the Community Services Subcommittee met on August 19, 2009 and recommended that Kelly Matheny be appointed to fill the unexpired term of former Park and Recreation Commissioner Curtis Bray. MOTION: Moved by Williams, seconded by Spagnolo, to appoint Kelly Matheny to the Park and Recreation Commission to fill the unexpired term of former Park and Recreation Commissioner Curtis Bray. Motion carried 4-0, with Mayor Pro Tem Michael being absent. R3. LEGISLATIVE AND REGIONAL UPDATES (Oral Reports) Councilmember Spagnolo updated the City Council on the plans in the Senate and Assembly to reduce the prison population. There is a potential that whatever compromise is sent to the Governor could imbalance the State's budget. Councilmember Spagnolo also addressed AB 2, which requires the reduction of water consumption by 2020 and concerns surrounding the delta water system. Lastly, he reported that staff is watching the end of the State's legislative session to determine any impact to the City of Rancho Cucamonga. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 15 of 16 S. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:45 in memory of Matthew Brian Ramirez, Fire ,Captain Tedmund Hall and Fire Fighter Specialist Arnaldo Quinones. Respectfully submitted, ~'~~~c' bra L. McKay, MMC Assistant City Clerk/Records Manager Approved: October 7, 2009 Redevelopment Agency, Fire Protection District, City Council Minutes September 2, 2009 -Page 16 of 16