HomeMy WebLinkAbout2009/10/07 - MinutesOctober 7. 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, October 7, 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 5:50 p.m. by
Chairman/PresidenUMayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo,
Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Pamela Easter,
Assistant City Manager; 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 items:
61. 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
62. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH EAST CORNER OF
9TH ST. AND MADRONE AVE., LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING
PARTY -RDA
83. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - JR ENTERPRISES, LP; AND CITY OF
RANCHO CUCAMONGA, CASE NO. RCV-090728 -City
B4. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) -DALE AND JEANNE NELSON V CITY OF
RANCHO CUCAMONGA, CLAIM NO. 28/29-049 -City
65. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ETIWANDA
AVENUE, NORTH OF BASE LINE ROAD (COMMONLY REFERRED TO AS THE
ETIWANDA DEPOT); LINDA D. DANIELS, RDA DIRECTOR, AND SANBAG
REPRESENTATIVE, NEGOTIATING PARTIES -City
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S
No one was present to comment on the closed session items.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 1 of 18
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:50 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session adjourned at 6:50 p.m. with no action taken.
G. REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive,
Rancho Cucamonga, California. Chairman/PresidenUMayor 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 PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; James Markman, 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; Mike Bell,
Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Bill Wittkopf, Public Works
Services Director; Robert Karatsu, Library Director; Joe Pulcinella, Animal Services Director; Jim
Frost, City Treasurer; Jan Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk
and Shirr'I Griffin, Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a City Plaque to Peter Bryan, Retired Fire Chief, in recognition of his years of
service to the City of Rancho Cucamonga.
Mayor Kurth presented a City plaque to Peter Bryan in recognition of his years of service as Fire Chief.
H2. Ceremonial Badge Pinning of Mike Bell, newly-appointed Fire Chief.
Mrs. Bell ceremoniously pinned Chief Mike Bell. Mayor Kurth congratulated him on his appointment as
Fire Chief.
H3. Announcement of Animal Services Canvassing
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 2 of 18
Joe Pulcinella, Animal Services Director, spoke about the Department's canvassing activities.
RECESS:
Mayor Kurth recessed the meeting at 7:20 p.m.
RECONVENE:
Mayor Kurth reconvened the meeting at 7:31 p.m. with all members present.
I. PUBLIC COMMUNICATIONS
11. Dennis Cisneros from the Rancho Cucamonga Fire Safe Council congratulated retired Fire Chief
Peter Bryan on his retirement and newly-appointed Fire Chief Mike Bell. As this is Fire Prevention
Week, he encouraged everyone to take extra steps in preparing evacuation plans and removing
excess weeds and debris from fire prone areas.
12. Marcia Godwin representing St. Clare's Episcopal Church noted that the church received
notification that they would be annexed into Landscape Maintenance District #8. St. Clare's Episcopal
Church agrees with the annexation and the proposed fee increase. Ms. Godwin noted that the church
was previously in a different Landscape Maintenance District and Lighting District and was concerned
with how the property was assessed up to this point in time. She noted that staff has been researching
this concern and thanked them for their assistance.
13. JoAnn Henkel concurred with the Public Works Sub-Committee's recommendation to remove the
minimum size requirement for parking districts. She distributed newspaper articles regarding the
parking problem at Chaffey College. Ms. Henkel asked that the Council continue to monitor the
situation and support solutions to this concern.
14. Otis Radford indicated that he lived in the Skyline neighborhood. He thanked the Council for their
support in finding a solution to the parking problem and inquired on the approximate completion date
for the project.
15. James Kenny also lived in the Skyline neighborhood. He noted that the neighbors asked for help
and the City Council responded quickly. Mr. Kenny was anxious for the project to be finished. He noted
that signs need to be installed and there needs to be a continued effort by law enforcement. Also, he
stressed the need to eliminate BBOs and open fires in the canyon.
16. Peggy Bomortino from Rancho Cucamonga Christian Fellowship offered a word of prayer.
17. Frank Annunziato invited the Council and the audience to the Sons of Italy's 2ntl Annual Pasta
Meatball Dinner to be held on October 24, 2009 from 5 - 8 p.m. at Central Park. He noted that October
is Italian American Heritage Month and recognized local Italian Americans who made an impact in the
region. Lastly, Mr. Annunziato recognized the outstanding senior center fitness program at Central
Park which he credited for saving his life.
I8. John Beyenberg on behalf of San Bernardino County Tcurism invited the Council to the 4~h Annual
"Taste of Route 66 Cruise'. The event will be on November 21, 2009 from 5 - 8 p.m. Mr. Beyenberg
noted that he will be providing a map, directions and more information to the City Council at a later
date.
19. Hank Stoy referenced the special Council meeting next week regarding Red Hill traffic.
Unfortunately, he may not attend the meeting due to a scheduling conflict. Mr. Stoy thanked the
Council for keeping the street to the County Club open and for putting more signs up. In general he
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 3 of 18
noted that the traffic issues have calmed down and was surprised that another meeting had been
called. He suggested that the Red Hill Management Plan be revisited if additional measures were
deemed necessary.
110. Bob Lundy from San Bernardino County Tourism provided further details about the "Taste of
Route 66 Cruise."
111. Kathy Tiegs, Vice President of the Cucamonga Valley Water District, invited the Council and the
audience to the Frontier Project Foundation's Inaugural Green Tie Gala on Saturday, October 17,
2009, at 5:30 p.m. Further information about the Frontier Project and the Gala can be found at
frontierproject. org.
112. John Lyons noted that thousands of people heading to the Raceway will be visiting the City this
weekend. He asked that residents be courteous to our visitors and frequent the restaurants on the
west side of the City.
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: September 2, 2009 (Regular Meeting -Michael absent)
September 16, 2009 (Canceled Regular Meeting)
September 24, 2009 (Tour 8 Special Jt. Mtg. with Chaffey College
Governing Board -Kurth absent)
J2. Approval of Check Register dated August 26 through September 8, 2009, for the total amount
of $2,259,459.00; and approval of Check Register dated September 9 through September 22,
2009, for the total amount of $5,548,494.40.
J3. Approval to receive and file current Investment Schedule for months ending July 31, 2009.
J4. Approval to adopt Annual Statement of Investment Policy.
J5. Approval for the purchase of eighteen (18) County ISD-Cellular/GPS modems/antenna kit,
twenty-one (21) County ISD Motorola RDLAP VRM radio modems (used), and twenty-one
(21) Tri-Tech MDC licenses, for the dispatch transition project, as a single source purchase
from CONFIRE of Rialto, in the amount of $60,575.70, to be funded from Acct. Nos. 2505801-
5605 for $41,375.60 and 3289501-5603 for $19,200.10.
J6. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $178,360 to the apparent low bidder, A Good Sign Company (RA 09-016), and
authorize the expenditure of a 20% contingency in the amount of $35,672 for the Directional '
Guide Sign Project, to be funded from Economic Development Funds, Acct. No. 2620801-
5110/620-6015.
J7. Approval for award and authorize the execution of the contract in the amount of $316,809 to
Jacobs Engineering (RA 09-01 ~ and authorize the expenditure of a 10% contingency in the
amount of $31,680.90 for construction support services for the Foothill Boulevard Street
Widening Project from San Bernardino Road to Vineyard Avenue, to be funded from 2001
Tax Allocation Bond funds, Acct. No. 2650801-5650/1189650-6314.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 4 of 18
J8. Approval to accept the Demens Basin Fill Project, Contract No. RA 09-011 as complete,
retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material
Bond, authorize the City Engineer to file a Notice of Completion, and approve the final
contract amount of $519,277.75.
RESOLUTION NO. RA 09-016
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
DEMENS BASIN FILL PROJECT, CONTRACT NO. RA 09-011 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 5-0.
K. REDEVELOPMENT AGENCY BUSINESS
The following items have been requested by the Redevelopment Agency for discussion.
K1.
Linda Daniels, Interim Deputy City Manager/Redevelopment Director, presented the staff report.
In response to Chairman Kurth, Ms. Daniels confirmed that the State had tried to take Redevelopment
funds last year but the action was blocked in court. Now the State is trying again.
In response to Vice Chairman Michael, it was noted that the Agency was not specifically named in the
lawsuit. However, our statement of support will have a similar impact. City Manager Jack Lam
indicated that the Agency has not yet been asked to contribute funding but noted that a request for
funding may be submitted in the future.
MOTION: Moved by Gutierrez, seconded by Williams, to approve the staff recommendation in the
staff report. Motion carried 5-0.
L. 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.
L1. Approval of Minutes: September 2, 2009 (Regular Meeting -Michael absent)
September 16, 2009 (Canceled Regular Meeting)
September 24, 2009 (Tour & Special Jt. Mtg. with Chaffey College
Governing Board -Kurth absent)
L2. Approval of Check Register dated August 26 through September 8, 2009, for the total amount
of $83,210.51; and approval of Check Register dated September 9 through September 22,
2009, for the total amount of $54,512.56.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 5 of 18
L3. Approval to receive and file current Investment Schedule for months ending July 31, 2009.
L4. Approval to adopt Annual Statement of Investment Policy.
L5. Approval for the purchase of eighteen (18) County ISD-Cellular/GPS modems/antenna kit,
twenty-one (21) County ISD Motorola RDLAP VRM radio modems (used), and twenty-one
(21) Tri-Tech MDC licenses, for the dispatch transition project, as a single source purchase
from CONFIRE of Rialto, in the amount of $60,575.70, to be funded from Acct. Nos. 2505801-
5605 for $41,375.60 and 3289501-5603 for $19,200.10.
MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried 5-0.
M. FIRE BOARD BUSINESS
The following items have been requested by the Fire Board for discussion.
M1.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A PURCHASE AND SALE
AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE
SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE
STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH
John Gillison, Deputy City Manager/Administrative Services presented the staff report
In response to Boardmember Gutierrez, Mr. Gillison expected that sufficient investors would purchase
the bonds.
In response to Vice President Michael, Mr. Gillison did not believe that the State would be able to
seize money next year as a result of the sale of the receivable. Discussion was held regarding the
State's need to pay the bondholders or possibly lose the ability to bond.
In response to Vice President Michael, City Manager Jack Lam confirmed that Library funding was
affected and noted that this amount was included with the City funds.
In response to Boardmember Gutierrez, Mr. Gillison expected that the bond issue would be sizable as
many cities will be participating. It was noted that the legislature must approve an additional piece of
legislation by October 15, 2009 ensuring tax exempt status. If this does not happen, the Resolutions
will be voided and the Fire Board and the City Council would need to revisit the budgets.
MOTION: Moved by Williams, seconded by Michael, to adopt Resolution No. FD 09-040. Motion
carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 6 of 18
RESOLUTION NO. FD 09-040
RECESS:
Mayor Kurth recessed the meeting at 8:40 p.m.
RECONVENE:
Mayor Kurth reconvened the meeting at 8:48 p.m. with Agencymembers/Boardmembers
/Councilmembers Rex Gutierrez and Sam Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem L.
Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth being present.
Agencymember/Boardmember/Councilmember Diane Williams arrived at 8:51 p. m.
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: September 2 (Regular Meeting -Michael absent)
September 16, 2009 (Canceled Regular Meeting)
September 24, 2009 (Tour & Special Jt. Mtg. with Chaffey College
Governing Board -Kurth absent)
N2. Approval of Check Register dated August 26 through September 8, 2009, and payroll ending
September 8, 2009, for the total amount of $5,694,243.71; and approval of Check Register
dated September 9 through September 22, 2009, and payroll ending September 22, 2009, for
the total amount of $3,688,426.19.
N3. Approval to receive and file current Investment Schedule for months ending July 31, 2009.
N4. Approval to adopt Annual Statement of Investment Policy.
N5. Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of the
Beryl Street Community Trail from Banyan Street to Wilson Avenue, to be funded from
Beautification Funds.
RESOLUTION NO. 09-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE BERYL STREET COMMUNITY TRAIL IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
N6. Approval to accept grant revenue in the amount of $9,602.00 awarded by the California
Emergency Management Agency (FY 2008 Homeland Security Grant), and administered by
the San Bernardino County Fire Department, Office of Emergency Services to the City of
Rancho Cucamonga for the purpose of Emergency Operations Center (EOC) outfitting.
N7. Approval of a Resolution of the City Council designating the Temporary Seats of Government
in the event of an emergency, in accordance with California Government Code 23600, to be
filed with the California Secretary of State.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 7 of 18
RESOLUTION NO. 09-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DESIGNATING THE TEMPORARY SEATS
OF GOVERNMENT IN THE EVENT OF AN EMERGENCY, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE 23600, TO
BE FILED WITH THE SECRETARY OF STATE
N8. Approval to declare surplus City-owned miscellaneous equipment and vehicles, office
equipment, and computer equipment which have been deemed no longer needed, obsolete
or unusable.'
N9. Approval to appropriate $205,000 into Acct. No. 1615303-5300 (CFD 2003-01 Cultural
Center) from CFD 2003-01 fund balance, for additional signage and lighting improvements
and future courtyard video capabilities at the Victoria Gardens Cultural Center.
N10. Approval of Amendment to the 2009-2010 Energy Efficiency and Conservation Strategy,
DRC2009-00386R, by appropriating $1,597,700 into Acct. No. 1215000-4740 Grant Income
and appropriating funding to four activities funded through the Energy Efficiency and
Conservation Block Grant (EECBG) Program, including $1,367,760 to the Civic Center HVAC
Phase 1 Program, Acct. No. 1215314-5650/1747215-0, $111,100 to the Home Improvement
Revolving Loan Program, Acct. No. 1215314-5650/1748215-0, $63,330 to the Energy
Efficient Program, Acct. No. 1215314-5650/1749215-0, and $55,510 to the Energy Efficiency
Coordination Program, Acct. No. 1215314-5650/1750215-0.
N11. Approval of Amendment to the 2009-2010 Annual Action Plan, DRC2009-00227A, by
appropriating additional funding to four activities funded through the Community Development
Block Grant (CDBG) Program, including an additional $3,000 to the Oldtimers Foundation
Senior Nutrition Program, Acct. No. 1204314-5650/1183204-0, $1,120 to Camp Fire USA,
Acct. No. 1204314-5656/1334204-0, $1,560 to CDBG Administration, Acct. No. 1204314-
5650/1228204-0, and $20,588 to the Home Improvement Program, Acct. No. 1204314-
5650/1230204-0, and to reduce the appropriation by $18,460 to the Calle Vejar Street
Improvement (Construction) Program, Acct. No. 1204314-5650/1602204-0, resulting in a net
funding increase of $7,808 funded from CDBG revenue funds.
N12. Approval of Amendment to the 2008-2009 CDBG-R Substantial Amendment, DRC2009-
00217A, by appropriating funding to three activities funded through the Community
Development Block Grant -Recovery (CDBG-R) Program including $27,510 to CDBG-R
Administration, Acct. No. 1204314-5650/1751204-0, $20,302 to the CDBG-R Calle Vejar
Street Improvement (Design) Program, Acct. No. 1204314-5650/1328204-0, and $227,383 to
the CDBG-R Calle Vejar Street Improvement (Construction) Program, Acct. No. 1204314-
- 5650/1340204-0, resulting in a net funding increase of $275,195 funded from CDBG-R
revenue funds.
N13. Approval of the retrofit of four (4) Diesel Exhaust Systems required by the California Air
Resources Board (GARB) to be completed by Ironman utilizing the City of National City's
Council Resolution for Bid #GS0809-1 in the amount of $59,040.70, to be funded from Acct.
No. 1105208-5300 (A82766 Air Quality Improvement) to be used by the Public Works Tree
and Street Sections.
N14. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash
Deposit and Ordering the Annexation to Landscape Maintenance District No. 4 and Street
Light Maintenance District Nos. 1 and 4 for Tract Map 18710, located on the north side of
Church Street, east of Milliken Avenue, submitted by Homecoming 1 at Terra Vista, LLC.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 8 of 18
RESOLUTION NO. 09-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 18710
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND
MONUMENTATION CASH DEPOSIT
RESOLUTION NO. 09-187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.
4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4
FOR TRACT 18710
N15. Approval to accept bids received and award and authorize the execution of the contract in the
amount of $161,526 to the apparent low bidder, California Professional Engineering, Inc. (CO
09-059), and authorize the expenditure of a 10% contingency in the amount of $16,152.60 for
the Installation of Traffic Signal at 19'" Street and Jasper Street, to be funded from Lighting
District#1/Arterial Streets Funds, Acct. No. 1151303-5650/1736151-0.
N16. Approval of a Professional Services Agreement with Gyroscope, Inc. (CO 09-058) Oakland,
California, for additional scope of work, funded by a grant from the California State Library, for
continuation of the Rancho Kids Project in an amount not to exceed $50,000, plus a 15%
contingency in the amount of $7,500 to be funded by an appropriation from Acct. No.
1302601-5300.
N17. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $96,249.64 to the apparent low bidder, UST Development, Inc. (CO 09-065),
and authorize the expenditure of a 10% contingency in the amount of $9,624.96 for the
London Avenue and Carrari Street Slope Renovation and Erosion Control, to be funded from
General Drainage Funds, Acct. No. 1112303-5650/1746112-0 and appropriate $140,000 to
Acct. No. 1112303-5650/1746112-0 from General Drainage Fund balance (contract award of
$96,249.64 plus 10% contingency in the amount of $9,624.96 and #34,125.40 for soils and
materials testing, construction survey services and incidentals).
N18. Approval of Improvement Agreement Extension for Tract 16262, located between Archibald
and Klusman Avenue, approximately 427 feet north of the centerline of Hillside Road,
submitted by TOLL CA IV, L. P.
RESOLUTION NO. 09-188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 16262
N19. Approval to accept Improvements, release the Faithful Performance cash deposit, accept a
Maintenance cash deposit and file a Notice of Completion for improvements for Parcel Map
17808, located on the northeast corner of Archibald Avenue and Palo Alto Street, submitted
by William Espinoza and Eva Espinoza.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 9 of 18
RESOLUTION NO. 09-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 17808 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
N20. Accept Improvements and file a Notice of Completion for improvements for Tract 16113 (East
Avenue LMD) located on the southwest corner of Wilson and East Avenues, submitted by
Trimark Pacific Rancho Cucamonga, LLC.
RESOLUTION NO. 09-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE
IMPROVEMENTS FOR TRACT 16113 (EAST AVENUE LMD) AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
N21. Approval to release the Maintenance Guarantee Bond for Tract 16226 8 16227 (Rancho
Etiwanda Estates Infrastructure-Day Creek Boulevard/Etiwanda Avenue), located north of the
extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY
Investment, LLC.
N22. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance Bond, and file a Notice of Completion for improvements for Tract 16512, located
on the north side of Church Street and east of Milliken Avenue, submitted by KB Home
Greater Los Angeles, Inc.
RESOLUTION NO. 09-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16512 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
N23. Approval of Improvement Agreement Extension for Tract 16592, located on the north side of
Hillside Road, west of Archibald Avenue, submitted by Toll Brothers, Inc.
RESOLUTION NO. 09-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 16592
N24. Approval to release the Maintenance Guarantee Letter of Credit for Tract 16909, located on
the west side of Haven Avenue between Arrow Route and 26'" Street, submitted by Hillwood
Construction Services.
N25. Approval to accept Improvements, retain the Faithful Performance Bond, accept a
Maintenance Bond, and file a Notice of Completion for improvements for Tract 17435, located
on the south side of Church Street between Haven and Center Avenues, submitted by KB
Greater Los Angeles, Inc.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 10 of 18
RESOLUTION NO. 09-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 17435 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
N26. Approval to release the Maintenance Guarantee Bond, No. 014039179/08771545, in the
amount of $515,163.43, for Pacific Electric Inland Empire Trail Construction, Phase 1,
Contract No. 06-228.
N27. Approval to release the Maintenance Guarantee Bond, No. 014039190/08879354 in the
amount of $366,686.13, for Pacific Electric Inland Empire Trail Construction, Phases II and III,
Contract No. 07-023.
N28. Approval to accept City Hall Planter Repair, Contract No. 07-080 as complete, release the
bonds, authorize the City Engineer to file a Notice of Completion and approve the final
contract amount of $126,936.02.
RESOLUTION NO. 09-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE CITY HALL PLANTER
REPAIR, CONTRACT NO. 07-080 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
N29. Approval to accept the Base Line Road Pavement Rehabilitation from Hellman tc Ramona
Avenues, Contract No. 09-233 as complete, retain the Faithful Pertormance 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 $343,321.23.
RESOLUTION NO. 09-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD
PAVEMENT REHABILITATION FROM HELLMAN TO RAMONA
AVENUES, CONTRACT NO. 09-233 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
N30. Approval to accept the FY 2009/2010 Local Street Pavement Rehabilitation (Slurry Seal) and
Parking Lot Resurfacing (Seal Coat) at Various Locations, Contract No. 09-252 as complete,
release the bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of
Completion, and approve the final contract amount of $285,774.75.
RESOLUTION NO. 09-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2009/2010 LOCAL
STREET PAVEMENT REHABILITATION (SLURRY SEAL) AND PARKING
LOT RESURFACING (SEAL COAT) AT VARIOUS LOCATIONS,
CONTRACT NO. 09-252 AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the
remaining staff reports contained within the Consent Calendar. Motion carried 4-0, Councilmember
Williams was absent.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 11 of 18
O. 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.
01. DEVELOPMENT CODE AMENDMENT DRC2008-00625 - CITY OF RANCHO
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) of the State CEQA Guidelines.
ORDINANCE NO. 821 (second 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
Jack Lam, City Manager presented the staff report.
MOTION: Moved by Spagnolo, seconded by Gutierrez to adopt Ordinance No. 821 for second
reading. Motion carried 4-0, Councilmember Williams was absent.
P. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
P1. APPROVAL OF A "PERMIT PARKING DISTRICT" FOR THE RESIDENTIAL AREA
IDENTIFIED AS "SKYLINE NEIGHBORHOOD" GENERALLY LOCATED NORTH OF
ALMOND STREET AND WEST OF SAPPHIRE STREET. ALSO KNOWN AS TRACT 10210
RESOLUTION NO. 09-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING A PERMIT PARKING
DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER
10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
Mark Steuer, Director Engineering Services/City Engineer, presented the staff report.
In response to Mayor Kurth, Mr. Steuer noted that this action will help alleviate the problem but stated
that staff is working on other solutions as well.
Councilmember Spagnolo noted the need to be cautious about the size of the signs to ensure that they
are visible.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 12 of 18
In response to Councilmember Gutierrez, Mr. Steuer confirmed that no additional action is needed by
the Council at this time. He confirmed that tonight's action is one step to resolve the matter but noted
that there are other options available to the City.
MOTION: Moved by Michael, seconded by Gutierrez to adopt Resolution No. 09-197. Motion carried
5-0.
P2.
RESOLUTION NO.09-198
A RESOLUTION OF THE CfIY COUNCIL OF THE CfTY OF RANCHO CUG~+MONGq
CAUFORNV{ INITIATING PROCEEDINGS FOR THE FORMATION OF A
LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND
DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 4-R, TO
REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 4, THE LEVY
OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE
PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT
RESOLUTION NO.09-199
A RESOLUTION OF THE CfTY COUNCIL OF THE CffY OF RANCHO CUCAMONG/{
CALJFORNIq APPROVING THE ASSESSMENT ENGINEER'S REPORT,
DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE
DISTRICT NO. 4-R AND TO PROVIDE FOR THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT,
SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON
AND ORDERING THE INITIATION OF ASSESSMENT BALLOT
PROCEDURES
John Gillison, Deputy City Manager/Administrative Services presented the staff report. He indicated
that the staff report proposed a 4% CPI but noted that a 3.5% CPI is being proposed.
In response to Councilmember Gutierrez, Mr. Gillison addressed the recommended 3.5% CPI increase
and how this mechanism will be used to ensure that adequate funds are available.
In response to Councilmember Spagnolo, Mr. Gillison noted that the feedback that staff received from
the residents was the basis for choosing Service Level "B".
In response to Mayor Pro Tem Michael, discussion was held regarding the use of the CPI increase to
cover the actual cost of the District.
In response to Councilmember Williams, Mr. Gillison confirmed that the newer Districts all included a
CPI increase and were very healthy as a result. Occasionally the rates in these newer Districts had to
be raised to cover expenses.
In response to Councilmember Gutierrez, Mr. Gillison did not recall the number of times that weeding
is performed under the "B" Level of Service. Mr. Gillison stressed that the appropriate maintenance
level and the CPI was adjusted as a result of the community meetings.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 13 of 18
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS' AND 51 SETTING A TIME AND
PLACE FOR A PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT
BALLOT PROCEDURES
MOTION: Moved by Gutierrez, seconded by Michael to adopt Resolution Nos. 09-198 and 09-199.
Motion carried 5-0.
P3. APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION
OF LANDSCAPE MAINTENANCE DISTRICT NO. 6-R TO REPLACE LANDSCAPE
MAINTENANCE DISTRICT NO. 6' 2) THE LEVY OF ANNUAL ASSESSMENTS; 3)
RESOLUTION NO. 09-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE
KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE
DISTRICT NO. 6-R, TO REPLACE LANDSCAPE MAINTENANCE
DISTRICT NO. 6, THE LEVY OF ANNUAL ASSESSMENTS THEREIN
AND ORDERING THE PREPARATION OF AN ASSESSMENT
ENGINEER'S REPORT
RESOLUTION NO. 09-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT
ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM
LANDSCAPE MAINTENANCE DISTRICT NO. 6-R AND TO PROVIDE
FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN
SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON AND ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES
John Gillison, Deputy City Manager/Administrative Services presented the staff report.
MOTION: Moved by Spagnolo, seconded by Michael to adopt Resolution Nos. 09-200 and 09-201.
Motion carried 5-0.
P4.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 14 of 18
BALLOT PROCEDURES.
BALLOT PROCEDURES.
RESOLUTION NO.09-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE
KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE
DISTRICT NO. 8-R, TO REPLACE LANDSCAPE MAINTENANCE
DISTRICT NO. 8, THE LEVY OF ANNUAL ASSESSMENTS THEREIN
AND ORDERING THE PREPARATION OF AN ASSESSMENT
ENGINEER'S REPORT
RESOLUTION NO.09-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT
ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM
LANDSCAPE MAINTENANCE DISTRICT NO. 8-R AND TO PROVIDE
FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN
SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON AND ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES
John Gillison, Deputy City Manager/Administrative Services presented the staff report.
In response to Councilmember Williams, Mr. Gillison confirmed that a special letter was sent to the
property owners of the vacant properties inviting them to the community meetings and explaining their
inclusion in the Landscape Maintenance District.
MOTION: Moved by Michael, seconded by Spagnolo to adopt Resolution Nos. 09-202 and 09-203.
Motion carried 5-0.
P5.
WERE DISCUSSED AT THE SAME TIME)
P6.
P.5.
5. AND P.6. WERE DISCUSSED AT THE SAME TIME)
Steve Fowler, Assistant Planner, presented the staff report for Items P.5. and P.6
In response to Councilmember Gutierrez's with the lawful operation of massage establishments,
Planning Director James Troyer noted that strict conditions of approval would be developed by
Planning Commission.
In response to Mayor Pro Tem Michael, it was noted that the City could not change operating
requirements for current uses; however, a template could be developed to ensure that future
establishments were conducted lawfully and safely.
Craig Shuey, owner of the shopping center, noted that the company has a 25 year business plan and
expects to maintain a high quality center. He noted that Massage Envy was selected from several
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 15 of 18
prospective massage establishments as a high quality of life project. In response to Councilmember
Williams he indicated that he would look at the placement of bicycle racks at the center.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the request to initiate Community
Plan Amendment DRC 2009-00432 and Master Plan Amendment DRC 2009-00739. Motion carried 5-
0.
P7. APPROVAL OF A RESOLUTION ADOPTING A NEW PARKING ENFORCEMENT BAIL
SCHEDULE
RESOLUTION NO. 09-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING A NEW PARKING
ENFORCEMENT BAIL SCHEDULE
John Gillison, Deputy City Manager/Administrative Services presented the staff report.
MOTION: Moved by Michael, seconded by Guteirrez, to adopt Resolution No. 09-204. Motion carried
5-0.
Q. 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.)
Ccuncilmember Spagnolo announced the Inland Empire West Job Fair, to be held on October 29,
2009 from 9 - 1 p.m. at the Ontario International Airport.
Councilmember Gutierrez noted that the landscaping along the freeway near the off ramps is looking
pretty bad and stated the need to communicate this concern to Caltrans. In response, Councilmember
Spagnolo indicated that he and Councilmember Williams would be attending a Freeway Corridor
meeting next Tuesday. Representatives from Caltrans are in attendance and this concern can be
discussed with them at that time. It was noted that the State's worsening budget situation and the lack
of landscape materials in some areas has created quite a problem.
Mayor Pro Tem Michael indicated that Council members attended a dedication of the North Etiwanda
Trail system last Saturday and commented on the outstanding quality of the trail and the informative
kiosks. On Saturday, he noted that the Fire District would be hosting an Open House at the Jersey Fire
Station. Lastly, Mayor Pro Tem Michael expressed his appreciation of the people who spoke this
evening as the positive commentary and variety of topics was refreshing.
Councilmember Williams concurred with the praise of the North Etiwanda Trail system and noted that
it is a great compliment to the City's Healthy RC program. She thanked Falken Tire for their
contribution of $25,000 to create a nice rest area and trail head on the Pacific-Electric Trail.
Mayor Kurth noted that he attended the grand opening ceremonies at Honeyville Farms and noted that
people planning their emergency preparedness supplies should visit the business. He appreciated the
opening of the North Etiwanda Preserve dedication. Mayor Kurth indicated that he will not be in
attendance at the October 21, 2009 City Council meeting as he will be out of town attending a medical
conference in Washington D.C. regarding health care reform.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 16 of 18
02.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE
AND SALE AGREEMENT AND RELATED DOCUMENTS WITH
RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A
RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Jack Lam, City Manager, noted that the staff report on this item was presented earlier in the meeting to
the Fire Board.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 09-205. Motion carried
5-0.
03.
Mark Steuer, Director of Engineering Services/City Engineer reported that the Public Works
Subcommittee has recommended that the City Council amend Section 10.50 to remove the minimum
size requirement for permit parking districts.
MOTION: Moved by Gutierrez, seconded by Michael, to direct staff to develop an Ordinance
amending Section 10.50 to remove the minimum size requirement for permit parking districts. Motion
carried 5-0.
04.
Mayor Pro Tem Michael reported that the Library Subcommittee is recommending the appointment of
Balbina Kendall and Paula Pacheon to the Rancho Cucamonga Library Foundation Board of Directors.
MOTION: Moved by Williams, seconded by Gutierrez, to appoint Balbina Kendall and Paula Pacheon
to the Library Foundation Board of Directors. Motion carried 5-0.
05.
Councilmember Spagnolo reported that the Community Services Subcommittee is recommending the
appointment of Jim Harrington to the Rancho Cucamonga Community Foundation Board of Directors,
to fill a vacancy to expire on June 30, 2012.
MOTION: Moved by Michael, seconded by Gutierrez, to appoint Jim Harrington to the Community
Foundation Board of Directors to fill a vacancy to expire on June 30, 2012. Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 17 of 18
RESOLUTION NO. 09-205
08. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo noted that the City is waiting for various pieces of legislation to be signed,
which needs to be done by October 15, 2009. Also, he indicated that a special section of the
legislature will be forming to discuss tax reform.
Mayor Pro Tem Michael stated that he attended the League of California Cities Annual Conference.
Representatives at the conference voted to place an initiative on the ballot to better protect local
revenue. Mayor Pro Tem Michael indicated that more information on this effort will be coming in the
future. City Manager Jack Lam reported that Mayor Pro Tem Michael was inducted at the conference
as President of the Inland Empire Division of the League of California Cities.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Pro Tem Michael requested that a formal recognition be made to Falken Tire in appreciation of
their donation to the Pacific-Electric Trail.
Q. ADJOURNMENT
Mayor Kurth adjourned the meeting at 10:10 p.m.
Res ~ctfully su[b~/pmi~ttyed,
De a ~ ~y, MR~C
Assi ant City Clerk/Records Manager
Approved: October 21, 2009
Redevelopment Agency, Fire Protection District, City Council Minutes
October 7, 2009 -Page 18 of 18