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HomeMy WebLinkAbout2010/02/17 - MinutesFebruary 17, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council, Fire District and Redevelopment Agency held a closed session on Wednesday, February 17, 2010, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Chairman/President/Mayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, 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; John Gillison, Assistant City Manager and Linda D. Daniels, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/Mayor Donald J. Kurth announced the closed session item: LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, FIRE & CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 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 February 17, 2010 -Page 1 of 12 (i. 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, Diane Williams, Sam Spagnolo, 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, Assistant City Manager; Linda Daniels, Deputy City Manager/Economic and Community Development; Joe Cusimano, Police Chief; James Troyer, Planning Director; Mark Steuer, Director of Engineering Services; Trang Huynh, Building & Safety Official; Kevin McArdle, Community Services Director; Bill Wittkopf, Public Works Services Director; Joe Pulcinella, Animal Services Director; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Double Discount Voucher Program Joe Pulcinella, Animal Services Director, reported on the Double Discount Spay/Neuter Project. I. PUBLIC COMMUNICATIONS 11. Thomas Schulte addressed the recent Proposition 218 elections for Landscape Maintenance Districts 4, 6 and 8. He indicated that even though 78% of LMD #4 respondents voted against the increase, the assessment passed due to the support of corporate owners. Mr. Schulte indicated that residents are frustrated and angry as the City allowed the landscaping to deteriorate in 2009. People are wondering why it took so long to start the process. Many people did not support the proposal to increase the assessment as they were suffering from severe wage and benefit cuts, loss of jobs, etc. Creative solutions are needed to maintain the districts within the amount of revenue generated. 12. Michelle Goodkender addressed the deterioration of the landscaping in LMD #8. She indicated the lack of funding was presented at a time when economy was deteriorating and people were suffering. The landscaping in LMD #8 is overgrown, weed infested and strewn with trash. She expressed concerns with the eventual removal of some of the landscaping and its replacement with bark. Mrs. Goodkender requested that the City temporarily continue to maintain the area, hold additional community meetings to inform neighbors and take the necessary steps to reconsider this matter. 13. Jerie Lee indicated that the Landscape Maintenance Districts ran out of money due to poor management. In Landscape Maintenance District #2, there has been little maintenance done during the past year. Regarding the proposed assessments, Mrs. Lee noted that there is no assurance that the Districts would be maintained any better than they are right now. 14. Jm Moffatt invited the Council and the audience to the Hoops for Hope event, which will be held on February 20, 2010 at Los Osos High School. I5. Peggy Bomortino from the Cucamonga Christian Fellowship said a prayer for each person individually and for the City. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 2 of 12 16. Jim Frost displayed the Etiwanda Honor Roll, the fourth Veteran's memorial in the City, to the City Council and the audience. He noted that the Run for the Wall will leave three months from today from the City of Rancho Cucamonga. 17. John Lyons noted that at the time the City was incorporated, it was felt that Landscape Maintenance Districts were better than Homeowner's Associations. He supported the assessment to maintain the landscaping in his LMD and it looks great. Mr. Lyons noted that Omaha Jacks is a great upscale restaurant in 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 far discussion. J1. Approval of Minutes: January 19, 2010 (Special Closed Session) • January 21, 2010 (Special Meeting -Consensus Building) February 3, 2010 (Special Meeting -Phase II of Smoking Regulations) -Gutierrez absent • February 3, 2010 (Regular Meeting) J2. Approval of Check Register dated January 28 through February 9, 2010, for the total amount of $256,271.80. J3. Approve to receive and file current Investment Schedule as of January 31, 2010. J4. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Haven Avenue Pavement Rehabilitation from 4'h Street to Foothill Boulevard, to be funded from Measure "I" funds, Acct. No. 1 1 76 30 3 56 50/1 6 81 1 76-0, Proposition 42 funds, Acct. No. 1190303-5650/1681190-0, and 2004 Tax Allocation Bond funds, Acct. No. 2660303- 5650/1681660-0. RESOLUTION NO. RA 10-003 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS J5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Acoustics Panels and Window Shades at Paul A. Biane Library, to be funded from Library Funds (630). RESOLUTION NO. RA 10-004 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "ACOUSTIC PANELS AND WINDOW SHADES AT PAUL A. BIANE LIBRARY," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 3 of 12 J6. Approval of a Resolution Waiving Privilege to Maintain the Confidentiality of Certain Specific Closed Session Materials for the District Attorney's Office. RESOLUTION NO. RA 10-005 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, WAIVING ITS PRIVILEGE TO MAINTAIN THE CONFIDENTIALITY OF CERTAIN SPECIFIED CLOSED SESSION MATERIALS ONLY IN ORDER TO PROVIDE THOSE MATERIALS TO THE OFFICE OF THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY J7. Approve the sources of payment and necessary budget appropriation for the Rancho Cucamonga Redevelopment Agency's share of the State Budget Deficit Reduction (Supplemental Educational Revenue Augmentation Fund) for Fiscal Year 09/10 (Fund 2511801-5519 to pay $22,000,000.00; Fund 2500801-5519 to pay $6,898,900.00; and Fund 2505801-5519 to pay $3,210,990) totaling $32,109,879.00. J8. Approval to terminate the Professional Services Agreement RA 06-012 awarded to McCarthy Building Companies, Inc., of Newport Beach, for the construction management services for the Fire Protection District's Administration Headquarters project, on good terms ending February 17, 2010. J9. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and City and Fire District landscape sites, in the amount not to exceed $1,401,000.00 for City facilities and $65,750.00 for Fire District facilities for Fiscal Year 2009-2010, to be funded from various General Fund accounts, San Bernardino County Reimbursement account, Capital Reserve account, Landscape Maintenance District accounts, CFD 868 account, RDA Administration and Fire District accounts. J10. Approval to execute contract renewals (CO 90-144, 90-143, 02-018) with Trugreen Landcare of Upland, California, for the maintenance of City landscape sites, in the amount not to exceed $1,674,120.00, to be funded from various General Fund accounts, Landscape Maintenance District accounts, Foothill Boulevard Maintenance account, and RDA Administration account, as approved in the Fiscal Year 2009-2010 Budget. J11. Approval of a resolution terminating an agreement between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency (Nos. RA 03-009/CO 03-004) for reimbursement of costs related to Community Facilities Districts 2001-01 and 2003-01. RESOLUTION NO. RA 10-006 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 J12. Approval to release Faithful Performance Bond Nos. 190017195 and 104809467, retained in lieu of Maintenance Guarantee Bond in the amount of $6,239,501.50 for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting Improvements, Contract No. RA 07-003. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 4 of 12 K. CONSENT CALENDAR-FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: January 19, 2010 (Special Closed Session) • January 21, 2010 (Special Meeting -Consensus Building) • February 3, 2010 (Special Meeting -Phase II of Smoking Regulations) -Gutierrez absent February 3, 2010 (Regular Meeting) K2. Approval of Check Register dated January 28 through February 9, 2010, for the total amount of $56,169.01. K3. Approval to receive and file current Investment Schedule as of January 31, 2010. K4. Approval to receive a donation in the amount of $2,500.00 from Wal-Mart for use in enhancing our Public Education Program. K5. Approval to authorize the advertisement of the "Notice Inviting Bids," including the pre- qualification of bidders for the Hellman Fire Station (177) Construction Project, to be funded from Acct. No. 3 2 8 9 5 01-56 50/1 5 9728 9-6 31 4. RESOLUTION NO. FD 10-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE PRE-QUALIFICATION STATEMENTS AND BIDS FOR THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT IN SAID CITY K6. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and City and Fire District landscape sites, in the amount not to exceed $1,401,000.00 for City facilities and $65,750.00 for Fire District facilities for Fiscal Year 2009-2010, to be funded from various General Fund Accounts, San Bernardino County Reimbursement Account, Capital Reserve Account, Landscape Maintenance District Accounts, CFD 868 Account, RDA Administration and Fire District Accounts. 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. ` L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: January 19, 2010 (Special Closed Session) • January 21, 2010 (Special Meeting -Consensus Building) Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 5 of 12 February 3, 2010 (Special Meeting -Phase II of Smoking Regulations) -Gutierrez absent February 3, 2010 (Regular Meeting) L2. Approval of Check Register dated January 28 through February 9, 2010, and payroll ending February 9, 2010, for the total amount of $4,552,106.43. L3. Approval to receive and file current Investment Schedule as of January 31, 2010. L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Calle Veiar Street Improvements from approximately 150' west of Avenida Leon to Avenida Castro and Avenida Leon Street Improvements from Arrow Route to Calle Vejar, to be funded from Community Development Block Grant and Community Development Block Grant-Recovery Funds (204). RESOLUTION NO. 10-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Haven Avenue Pavement Rehabilitation from 4`" Street to Foothill Boulevard, to be funded from Measure "I" funds, Acct. No. 1176303-5650/1681176-0, Proposition 42 funds, Acct. No. 1190303-5650/1681190-0, and 2004 Tax Allocation Bond funds, Acct. No. 2660303- 5650/1661660-0. RESOLUTION NO. 10-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Hillside Road Pavement Rehabilitation from Beryl Street to Archibald Avenue; Beryl Street Pavement Rehabilitation from Sunflower Street to North City Limit; and Wilson Avenue Pavement Rehabilitation from Carnelian Street to 1400 feet east, to be funded from Measure "I" and Proposition 1B Funds. RESOLUTION NO. 10-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOWER STREET TO NORTH CITY LIMITS; AND THE WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 6 of 12 L7. Approval of Community Services Update Report. L8. Approval to allocate $15,000.00 awarded by the California State Library into Library Revenue Account 1290000-4740/0-3705 and appropriate $13,000.00 into Expenditure Account 1291601-5200/0-3705 and appropriate $2,000 into Expenditure Account 1291601-5300/0- 3705. L9. Approval to award the purchase of various mixes to asphalt materials from Holliday Rock of Upland, California, as per Request For Bid ("RFB") #09/10-006 in the amount not to exceed $230,000.00 annually from Acct. Nos. 1001316-5200 (Park and Street Maintenance), 1006303-5200 (CVWD Reimbursements), and 1186316-5200 (Foothill Blvd. Maintenance) with the option to renew in the amount based on the approved budget for additional one (1) year periods for a total of three (3) years upon evaluation and City approval of any price revisions. L10. Approval to award the purchase of concrete materials from Holliday Rock of Upland, California, as per Request For Bid ("RFB") #09/10-007 in the amount not to exceed $90,000.00 annually from Acct. Nos. 1001316-5200 (Park and Street Maintenance) and 1006303-5200 (CVWD Reimbursements) with the option to renew in the amount based on the approved budget for additional one (1) year periods for a total of three (3) years upon evaluation and City approval of any price revisions. L11. Approval of a request to Summarily Vacate a portion of Carnelian Street, located north of San Bernardino Road V-217 -APN 207-102-48, 208-091-56 and 208-091-57. RESOLUTION NO. 10-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF CARNELIAN STREET, NORTH OF SAN BERNARDINO ROAD L12. Approval of the name, "Route 66 Trailhead," for the proposed trailhead to be located on the north side of Foothill Boulevard west of the Foothill Boulevard/Baker Avenue intersection and south of the Pacific Electric Trail. L13. Approval of a Resolution terminating an agreement between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency (Nos. CO 03-004/RA03-009) for reimbursement of costs related to Community Facilities Districts 2001-01 and 2003-01. RESOLUTION NO. 10-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 L14. Approval to authorize the Mayor to sign letters of support on behalf of Hope Through Housing Foundation (Hope) and National Community Renaissance (National CORE) for Federal funding for Fiscal Year 2010-2011. L15. Approval of a Resolution Waiving Privilege to Maintain the Confidentiality of Certain Specific Closed Session Materials for the District Attorney's Office. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 7 of 12 RESOLUTION NO. 10-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, WAIVING ITS PRIVILEGE TO MAINTAIN THE CONFIDENTIALITY OF CERTAIN SPECIFIED CLOSED SESSION MATERIALS ONLY IN ORDER TO PROVIDE THOSE MATERIALS TO THE OFFICE OF THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY L16. Approval of renewal and amendment of the agreement for Professional Services Contract #08- 158 to AEF System Consulting, Inc., for consulting services in relation to the web redesign project and implementation of the City of Rancho Cucamonga Citizen Relationship Management System ("CRM") in the amount not to exceed $64,000.00, and appropriation of $64,000.00 into Acct. No. 171400-5300 (Computer Technology -Professional Services) to fund the agreement revisions. L17. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and City and Fire District landscape sites, in the amount not to exceed $1,401,000.00 for City facilities and $65,750.00 for Fire District facilities far Fiscal Year 2009-2010, to be funded from various General Fund Accounts, San Bernardino County Reimbursement Account, Capital Reserve Account, Landscape Maintenance District Accounts, CFD 868 Account, RDA Administration and Fire District Accounts. L18. Approval to execute contract renewals (CO 90-144, 90-143, 02-018) with Trugreen Landcare of Upland, California, for the maintenance of City landscape sites, in the amount not to exceed $1,674,120.00, to be funded from various General Fund accounts, Landscape Maintenance District accounts, Foothill Boulevard Maintenance account, and RDA Administration account, as approved in the Fiscal Year 2009-2010 Budget. L19. Approval to award a contract to Civica Software (CO 10-014) of Newport Beach, for the purchase of software and professional services with respect to the installation, configuration, implementation, training, data migration, maintenance and ongoing support for a Citizen Relationship Management ("CRM") System in an amount not to exceed $90,000.00 and appropriation of $20,000.00 into Acct. No. 1714000-5152 (Computer Technology-Software) and $70,000.00 (which includes a $12,250.00 contingency) into Acct. No. 1714000-5300 (Computer Technology-Professional Services). L20. Approval of Improvement Agreement Extension for Parcel Map 15550, located on the west side of Wardman Bullock Road, north of Wilson Avenue, submitted by Etiwanda Creek Partners, L.P. RESOLUTION NO. 10-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 15550 L21. Approval to release the Faithful Performance Bond retained in lieu of a Maintenance Guarantee Bond for DRC2006-00866, located on the north side of Sixth Street, west of Etiwanda Avenue; submitted by Southern California Edison Company. L22. Approval to release the Faithful Performance Bond Nos. 190017195 and 104809467, retained in lieu of a Maintenance Guarantee Bond, in the amount of $6,239,501.50 for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting Improvements, Contract No. 07-065. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 8 of 12 L23. Approval to release Faithful Performance Bond No. 12054086, retained in lieu of a Maintenance Guarantee Bond in the amount of $381,794.16, for the Fiscal Year 2008/2009 Local Street Rehabilitation Slurry Seal Project, Contract No. 08-159. L24. Approval to accept the London Avenue and Carrari Street Slope Renovation and Erosion Control, Contract No. 09-065 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 $98,406.93. RESOLUTION NO. 10-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LONDON AVENUE AND CARRARI STREET SLOPE RENOVATION AND EROSION CONTROL, CONTRACT NO. 09-065 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L25. Approval to accept the Banyan Street Pavement Rehabilitation from Beryl Street to Archibald Avenue, Contract No. 09-221 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 $214,416.90. RESOLUTION NO. 10-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE, CONTRACT NO. 09-221 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Gutierrez, seconded by Michael, to approve the staff recommendation in the staff report. Motion carried 5-0 M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. M1. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 10-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Jack Lam, City Manager, presented the staff report. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 9 of 12 RESOLUTION NO. FD 10-007 Chairman Kurth opened the public hearing. As no one wished to speak, Chairman Kurth closed the public hearing. MOTION: Moved by Spagnolo, seconded by Gutierrez, to adopt Resolution No. FD 10-007. Motion carried 5-0. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. CONSIDERATION OF A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM FUNDING ALLOCATION - DRC2008-00845R -CITY OF RANCHO CUCAMONGA - A review of the federally required Substantial Amendment to the currently approved Neighborhood Stabilization Program (NSP), including the selection of NSP funded projects, based on a grant allocation of $2,133,397. Tom Grahn, Associate Planner, presented the staff report. Mayor Kurth opened the public hearing. In response to Jerie Lee, Mr. Grahn addressed the second program to acquire and rehabilitate foreclosed and abandoned single-family and multi-family units and use them in coopeation for local non-profit housing developers. The homes acquired would provide affordable rental opportunities for individuals and families earning at or below 50 percent of the area medium income. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Spagnolo, to approve the substantial amendment to the Community Development Block Grant Neighborhood Stabilization Program. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. CONSIDERATION TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). Donald Granger, Senior Planner presented the staff report. In response to Councilmember Williams, it was noted that the Development Code Amendment would remove the permitted use in Subareas 4 & 6. In response to Mayor Kurth, Mr. Markman confirmed that there is not an obligation to place this use in Subarea 14. In response to Councilmember Gutierrez, Mr. Granger indicated that there are other potential locations in Subarea 14 in which this use could be placed. He confirmed that no types of food use are allowed in this Subarea. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 10 of 12 In response to Councilmember Spagnolo, it was noted that the proposed Development Code Amendment would allow funeral and crematory services in this area. In response to Councilmember Williams, discussion was held regarding mortuaries and where they could be placed in the City if they did not include crematoriums. Mr. Markman indicated that the definition could be clarified as part of the Development Code Amendment. Mr. Troyer clarified the Council's desire to allow funeral homes in commercial zones with a Conditional Use Permit and crematoriums in Subarea 14. MOTION: Moved by Michael, seconded by Williams, to direct staff to move forward with Development Code Amendment DRC2009-00691. Motion carried 6-0. 02. ADOPTION OF RESOLUTION NO 10-033 SUPPORTING THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 RESOLUTION NO. 10-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 Mayor Pro Tem Michael discussed the need for this Resolution. MOTION: Moved by Michael, seconded by Spagnolo, to adopt Resolution No. 10-033. Motion carried 5-0. P. COUNCIL BUSINESS The following items have been requested by the City Council far discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Gutierrez invited the Council and the audience to a drum line competition on February 27, 2010 at Rancho Cucamonga High School. Councilmember Williams reported that February is Women's Heart Health Month and encouraged women to become aware of the symptoms of heart disease. Mayor Kurth suggested that tonight's meeting be adjourned in honor of the Etiwanda World War II veterans. P2. CONSIDERATION FOR INITIATION OF A CITY COUNCIL APPEAL OF A PLANNING FOOTHILL BOULEVARD SUITE A - APN: 0229-011-39. (Oral Report) Jack Lam, City Manager, presented the staff report. He indicated that this item was placed on the agenda so that the City Council could decide whether to appeal the decision of the Planning Commission. If so, a date would be set for a public hearing so that all of the information could be provided to the City Council. MOTION: Moved by Williams, seconded by Spagnolo, to appeal the Planning Commission's decision and schedule the matter for consideration on March 17, 2010. Motion carried 4-1, Councilmember Gutierrez voted no. Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 11 of 12 Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. R. ADJOURNMENT Mayor Kurth adjourned the meeting at 8:35 p.m. after a moment of silence in memory of the Etiwanda World War II veterans. Resp ctfully submitted, Debr L. McKay, MMC Assistant City Clerk/Records Manager Approved: March 3, 2010 Redevelopment Agency, Fire Protection District, City Council Minutes February 17, 2010 -Page 12 of 12