HomeMy WebLinkAbout2010/04/07 - MinutesApril 7, 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, April 7, 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 5:10 p.m. by
Chairman/President/Mayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Diane Williams, Sam Spagnolo, Vice
Chairman/Vice President/Mayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J.
Kurth. Agencymember/Boardmember/Councilmember Rex Gutierrez was arrived at 5:20 p.m.
Also present were: Jack Lam, City Manager; James Markman, City Attorney and John Gillison,
Assistant City Manager.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S~
Chairman/Mayor Donald J. Kurth announced the closed session item:
D1. LABOR NEGATIONS 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 5:10 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.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 1 of 13
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, Diane Williams, Sam
Spagnolo, Vice ChairmanNice President/Mayor 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; Mike Bell, Fire Chief; James Troyer, Planning Director; Chris Paxton, Human
Resources Director; Mark Steuer, Director of Engineering Services; Trang Huynh, Building & Safety
Official; Bill Wittkopf, Public Works Services Director; Jim Frost, City Treasurer; Debra McKay, Records
Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk.
H. ANNOUNCElVIENTS/PRESENTATIONS i
H1. Proclamation declaring April 11 - 17, 2010 as "National Library Week".
Mayor Kurth presented a proclamation to Robert Karatsu, Library Director, declaring April 11 - 17,
2010 as "National Library Week".
H2. Proclamation honoring OPARC on its 60th Anniversary.
Mayor Kurth presented a proclamation to Ron Wolff, OPARC PresidenUCEO, honoring OPARC on
its 60'" Anniversary.
H3. Proclamation declaring April, 2010 as "Organ and Tissue Donor Month".
Mayor Kurth presented a proclamation to Ina Brown and Sarah Tompkins declaring April, 2010 as
"Organ and Tissue Donor Month".
I. PUBLIC COMMUNICATIONS
Dennis Jones invited the Council and the audience to the 5`" Annual Cucamonga Challenge, which will be
held on May S, 2010 at Central Park.
Steve Wasden spoke to the Council regarding Guillermo Reyes and asked the City to help Mr. Reyes get
his house back.
Brian Watson noted that Mr. Reyes needs help and felt that people were taking advantage of him.
Jerie Lee addressed Landscape Maintenance District #2 and wondered why service was not cut back
when the lack of funding was first discovered. She requested a complete report on the management of
the District, noting that she would not support an increase without assurances.
Beth Melendez read a letter from Amber Garcia expressing her concerns with day laborers. She
suggested that areas be designated for day laborers and that restrictions be put in place regulating their
proximity to homes and the time of day they can be present.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 2 of 13
Deanna Watson stated that she would be willing to take Mr. Reyes in until this matter is resolved. She
noted that she has all of the background material on this matter. Mayor Pro Tem Michael asked Mrs.
Watson to provide copies to the City Clerk's Office.
Jim Frost commented on Medal of Honor recipient Corporal Tibor Rubin. He also presented information
on the upcoming Run for the Wall.
Joseph Machado stated that he will be biking across America to raise money for charities. The kick off will
be on June 5, 2010 and sponsorships are needed. Further information is at: www.bikingforamerica.com
Puredi and Ruth Hillary thanked the City Council for their help in resolving the bible study issue and
offered a prayer.
Jim Moffatt pledged $100 to Joseph Machado. He expressed a concern with the funding of non-smoking
signs at the bus stops and ATM machines and indicated that this funding could be better used elsewhere.
Mr. Moffatt endorsed Paul Chabot for State Assembly.
Vicky Moyer wondered why the City did not evaluate Mr. Reyes before they evicted him.
Raymond Herrera suggested an Ordinance restricting day laborers from loitering 1,000 yards from any
business, residence or school. Also, he suggested that the regulation prohibit day laborers from being 50
meters from each other. Mr. Herrera thanked Mayor Kurth for attending the We the Pecple rally.
Robin Hvidston was very proud of Don Kurth for attending the rally. She advocates a better Mexico.
Minor Colliusworth thanked Mayor Kurth for frankly discussing his concerns regarding illegal aliens.
Vaughn Becht expressed a" concern with illegal immigrants, noting that they are taking away badly
needed jobs.
Dee Barrow spoke in support of Don Kurth's right to speak about illegal immigration.
Rosa Trevino-Mortensen inquired why the court didn't assign someone to make decisions on Mr. Reyes'
behalf.
Lisa Henley invited the Council and the audience to Tip a Cop for Special Olympics, which will be held on
April 8, 2010 from 5:00 to 9:00 p.m. at Claim Jumper.
John Lyons noted that last year's Tip a Cop was great and hoped that everyone could attend. He noted
that the Rancho Cucamonga Football Team will be holding a fundraiser on April 10, 2010.
Recess:
Mayor Kurth recessed the meeting at 8:39 p.m.
Reconvene:
Mayor Kurth reconvened the meeting at 8:47 p.m. with all City Council members present
J. CONSENT CALENDAR-REDEVELOPIVIENTAGENCY
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: March 17, 2010 (Regular Meeting)
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 3 of 13
J2.
J3.
Approval of Check Register dated March 10, 2010 through March 30, 2010, for the total
amount of $332,879.68.
Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of the
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to be funded from Redevelopment Agency Funds.
RESOLUTION NO. RA 10-008
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE HELLMAN AVENUE MASTER
PLANNED STORM DRAIN AND STREET IMPROVEMENTS -PHASE 1
FROM 9T" STREET TO SAN BERNARDINO ROAD, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
J4.
to authorize the advertising of the "Notice Inviting Bids" for the construction of the
from San Bernardino Road to Vinevard Avenue, to be funded from 2001 Tax Allocation Bond
Funds, Account No. 2650801-5650/1189650-0 and from 2004 Tax Allocation Bond Funds,
Account No. 2660801-5650/1189660-0.
RESOLUTION NO. RA 10-009
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE FOOTHILL BOULEVARD
BIKE/PEDESTRIAN BRIDGE, ROUTE 66 TRAILHEAD AND STREET
IMPROVEMENTS FROM SAN BERNARDINO ROAD TO VINEYARD
AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
J5. Approval of a rental agreement between the City of Rancho Cucamonga Redevelopment
Agency and Michael Fournier of MDF Property Management (RA 10-005) in an amount not to
exceed $50,000.00 for use of a construction field office by City Staff for the Foothill Boulevard
Bike/Pedestrian Bridge, Route 66 Trailhead and Street Improvement Project from San
Bernardino Road to Vineyard Avenue, to be funded from 2004 Tax Allocation Bond Funds,
Account No. 2660801-5650/1189660-0.
J6. Approval to release Faithful Performance Bond No. 6533367, retained in lieu of a Maintenance
Guarantee Bond, in the amount of $118,587.00 for the Epicenter Crass-Aisle Waterproofing
Project, Contract No. RA08-016.
J7. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $138,117.00 to the lowest responsive bidder, Belaire-West Landscape, Inc. (RA
10-006), and authorize the expenditure of a 10% contingency in the amount of $13,811.70 for
the Church Street Parkway Landscape from Rochester Avenue to Hyssop Drive, to be funded
from 2004 Tax Allocation Bond Funds, Account No. 2660801-5650/1742660-0 and appropriate
$20,000.00 to Account No. 2660801-5650/1742660-0 from 2004 Tax Allocation Bond Fund
balance.
Councilmember Williams removed Item J3 for discussion.
MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the
remaining staff reports contained within the Consent Calendar. Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 4 of 13
J3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the
Hellman Avenue Master Planned Storm Drain and Street Improvements -Phase 1 from 9'-"
Street to San Bernardino Road, to be funded from Redevelopment Agency Funds.
RESOLUTION NO. RA 10-008
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE HELLMAN AVENUE MASTER
PLANNED STORM DRAIN AND STREET IMPROVEMENTS -PHASE 1
FROM 9T" STREET TO SAN BERNARDINO ROAD, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
In response to Councilmember Williams, City Engineer Mark Steuer indicated that Phase 1 should be
completed by the end of the year. Phase 2 needs some permits but will take about a year and a half to
finish.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendation in the staff
report. Motion carried 5-0.
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 atone time without discussion. Any item may be
removed by a Boardmember for discussion.
K1. Approval of Minutes: March 17, 2010 (Regular Meeting)
K2. Approval of Check Register dated March 10, 2010 through March 30, 2010 for the total
amount of $404,273.22.
K3. Approval of a resolution amending Section XXIV of the Personnel Rules and Regulations of the
Rancho Cucamonga Fire Protection District.
RESOLUTION NO. FD 10-009
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE DISTRICT'S PERSONNEL RULES AND
REGULATIONS
K4. Adoption of resolution confirming policies regarding annexations of residential property into
Community Facilities Districts 85-1 and 88-1.
RESOLUTION NO. FD 10-010
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, FOR THE ADOPTION OF CONFIRMING POLICIES
REGARDING ANNEXATIONS OF RESIDENTIAL PROPERTY INTO
COMMUNITY FACILITIES DISTRICTS 85-1 AND 88-1
K5. Approval to call a new special election date to submit a proposition to authorize the levy of
special taxes in territory (Jamil Samouh - APNs: 0208-811-58,59860 -Annexation No. 10-1)
proposed to be annexed to CFD-85-1.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 5 of 13
RESOLUTION NO. FD 10-011
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, CALLING A NEW SPECIAL ELECTION DATE
(ANNEXATION NO. 10-1) TO SUBMIT TO THE QUALIFIED ELECTORS
OF TERRITORY PROPOSED TO BE ANNEXED TO CFD 85-1, A
PROPOSITION TO AUTHORIZE THE LEVY OF SPECIAL TAXES
THEREIN
MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried 5-0.
L. CONSENT CALENDAR- CITY COUNCIL
The following Consent Calendar items are expected to be routine and noncontroversial. They
will be acted upon by the Council at one time without discussion. Any item may be removed
by a Councilmember far discussion.
L1. Approval of Minutes: March 17, 2010 (Regular Meeting)
L2. Approval of Check Register dated March 10, 2010 through March 30, 2010 and payroll
ending March 30, 2010 for the total amount of $5,705,737.00.
L3. Approval of a request from the Rancho Cucamonga Quakes for waiver of rental fees for use
of the Epicenter Stadium on April 11, April 25, and May 9, 2010, for Free Youth Baseball
Clinics.
L4. Adoption of resolution confirming policies regarding annexations of residential property into
Community Facilities Districts 85-1 and 88-1.
RESOLUTION NO. 10-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FOR THE ADOPTION OF CONFIRMING
POLICIES REGARDING ANNEXATIONS OF RESIDENTIAL PROPERTY
INTO COMMUNITY FACILITIES DISTRICTS 85-1 AND 88-1
L5. Approval to adopt a resolution and approve the Records Retention Schedule for the
Engineering/Traffic Division Department.
RESOLUTION NO. 10-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING RECORDS RETENTION
SCHEDULE ADDITIONS AND AMENDMENTS FOR THE
ENGINEERING/TRAFFIC DIVISION DEPARTMENT OF THE CITY OF
RANCHO CUCAMONGA
L8. Approval of a resolution authorizing the destruction of City Records pursuant to California
Government Code Section 34090, the City's Records Retention Schedule, and other
applicable legal citations.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 6 of 13
RESOLUTION NO. 10-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH
IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER
APPLICABLE LEGAL REFERENCES
L7. Approval of resolution opposing 'New Two-Thirds Vote Requirement for Public Electricity
Providers' Ballot Initiative.
RESOLUTION NO. 10-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, OPPOSING THE "NEW TWO-THIRDS
VOTE REQUIREMENT FOR PUBLIC ELECTRICITY PROVIDERS"
INITIATIVE ON THE JUNE 8, 2010 BALLOT
L8. Authorization to award the purchase of two (2) '/.-ton heavy duty extended cab trucks, three
(3) full size''/z-ton extended cab trucks, one (1)'/.-ton heavy duty extended cab with dumping
stake bed truck, one (1) one-ton crew cab dual rear wheel dumping stake bed truck and two
(2) '/-ton extended cab trucks, tc multiple Ford dealerships, as per Request for Bid ("RFB")
#09/10-015 in the amount of $225,686.07 from Acct. No. 1712001-5604 (Vehicle and
Equipment Replacement Fund), to be used by the Public Works Services Parks, Streets, Fleet
and Facilities Sections. ,
L9. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $575,000.00 to the lowest responsive bidder, All American Asphalt (CO 10-025),
and authorize the expenditure of a 10% contingency in the amount of $57,500.00 for the
Pavement Rehabilitations of Hillside Road from Beryl Street to Archibald Avenue; Beryl Street
from Sunflower Street to north City limit and Wilson Avenue from Carnelian Street to 1400 feet
east, to be funded from Measure "I" Funds and Proposition 1 B Funds, Account Nos. 1176303-
5 65 0/1 3641 76-0, 1194303-5650/1683194-0 and 1194303-5650/1745194-0, and appropriate
$70,000.00 to Account No. 1176303-5650/1364176-0, $337,663.00 to Account No. 1194303-
5650/1683194-0 and $280,000.00 to Account No. 1 1 94 303-56 5 0/1 74 51 94-0 from Measure "I"
Funds and Proposition 1B Funds, respectively, for a total of $687,663.00 (Contract award of
$575,000.00 plus 10% contingency in the amount of $57,500.00 and $55,163.00 for soils and
materials testing, construction survey services and incidentals).
L10. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $414,000.00 to the lowest responsive bidder, Hardy & Harper, Inc. (CO 10-026)
and authorize the expenditure of a 10% contingency in the amount of $41,400.00 for the 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, to be funded from
Community Development Block Grant and Community Development Block Grant-Recovery
Funds, Account Nos. 1204314-5650/1602204-0 and 1204314-5650/1340204-0.
L11. Approval of ordering the Annexation of Certain Territory known as the Church Street Parkway
to Landscape Maintenance District No. 1 located along Church Street between Rochester
Avenue and approximately 140 feet east of Hyssop Drive.
RESOLUTION NO. 10-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY KNOWN AS THE CHURCH STREET PARKWAY
BETWEEN ROCHESTER AVENUE AND APPROXIMATELY 140 FEET
EAST OF HYSSOP DRIVE TO THE WORK PROGRAM WITHIN
LANDSCAPE MAINTENANCE DISTRICT NO. 1
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 7 of 13
L12. Approval to release Faithful Performance Bond No. 3819178, retained in lieu of a Maintenance
Guarantee Bond, in the amount of $696,155.90, for the Landscape Improvements of the MWD
Parkway at the southeast corner of Bluegrass and Wilson Avenues, Contract No. 08-006.
L13. Approval to release Faithful Performance Bond No. 4366848, retained in lieu of a Maintenance
Guarantee Bond, in the amount of $517,000.00 for the Highland Avenue and Fairmont Way
Street and Landscape Improvements from San Benito to Kenyon Way, Contract No. OS-034.
L14. Approval to release Faithful Performance Bond No. 0477967, retained in lieu of a Maintenance
Guarantee Bond, in the amount of $195,959.00 for the 19'" Street Parkway Landscape
Improvements and Sapphire Street Parkway Landscape Improvements, Contract No. 08-073.
L15. Approval to release the Maintenance Guarantee Bond for CUP 99-53, located on the
northwest corner of Sixth Street and Haven Avenue, submitted by Rancho Haven, LLC.
L16. Approval to release the Maintenance Guarantee Bond for DRC2006-00127 (PM 17866),
located on the east side of Rochester Avenue, south of Foothill Boulevard, submitted by WF
Construction.
L17. Approval to release the Maintenance Guarantee Cash Deposit for Parcel Map 18680, located
on the east side of Charles Smith Avenue between Sixth Street and Mission Park, submitted
by the William Fox Group, Inc.
L18. Approval to release the Maintenance Guarantee Bond for Rancho Etiwanda Infrastructure
(Tract 16226 Collector Streets and Storm Drain), located north of the extension of Day Creek
Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC.
L19. Approval to release the Maintenance Guarantee Bond for Rancho Etiwanda Infrastructure
(Tract 16227 Collector Streets and Storm Drain), located north of the extension of Day Creek
Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC.
Mayor Pro Tem Michael removed Item L7 for discussion.
MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the
remaining staff reports. Motion carried 5-0
L7. Approval of resolution opposing 'New Two-Thirds Vote Requirement for Public Electricity
Providers' Ballot Initiative.
RESOLUTION NO. 10-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, OPPOSING THE "NEW TWO-THIRDS
VOTE REQUIREMENT FOR PUBLIC ELECTRICITY PROVIDERS"
INITIATIVE ON THE JUNE 8, 2010 BALLOT
In response to Mayor Pro Tem Michael, City Engineer Mark Steuer reported on the ballot measure and
its negative impact to the RCMU.
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff
report. Motion carried 5-0
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 8 of 13
M. CONSENT ORDINANCES
The following Ordinances have had hearings at the time of first reading. Second readings are
expected to be routine and noncontroversial. The Agency, Fire Board, or Council will act
upon them at one time without discussion. The City Clerk will read the title. Any item can be
removed for discussion by an Agencymember, Boardmember, or Councilmember.
M1. DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 - CITY OF RANCHO
CUCAMONGA - A request by Ralph and Maxine Strane to change the Development District
Map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre) for
approximately 0.58-acre of land, located at 7403 Archibald Avenue -APN: 1077-0113. The
project will permit less density and the effect will allow no more intense use of the property
than is already being used, and since it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the proposal is
exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section
15061(b)(3) -Review for Exemption. Related File: General Plan Amendment DRC2009-00716.
ORDINANCE NO. 827 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT
DRC2009-00717, A REQUEST TO AMEND THE DEVELOPMENT
DISTRICT MAP FROM NEIGHBORHOOD COMMERCIAL TO LOW
RESIDENTIAL FOR 0.58-ACRE OF LAND, LOCATED AT 7403
ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF
-APN: 1077-011-43.
M2. SECOND READING AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO
REMOTE CALLER BINGO AND AMENDING TITLE 5 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE.
ORDINANCE NO. 828 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING REGULATIONS APPLICABLE TO REMOTE
CALLER BINGO AND AMENDING TITLE 5 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
MOTION: Moved by Spagnolo, seconded by Gutierrez, to adopt Ordinance No. 827 and Ordinance No.
828 for second reading. 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.
BUILDING INDUSTRY ASSOCIATION'S HOUSING MARKET ECONOMIC STIMULUS
PACKAGE
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 9 of 13
ORDINANCE NO. 829 (first reading)
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, TEMPORARILY REVISING
REGULATIONS RELATING TO DEFERRAL OF CERTAIN
DEVELOPMENT IMPACT FEES
Dan James, Senior Civil Engineer, presented the staff report.
In response to Councilmember Gutierrez, Mr. James confirmed that the purpose of the Ordinance is to
assist private businesses.
In response to Mayor Pro Tem Michael, Mr. James indicated that this Ordinance does not defer the
fees for building and grading permits like the first Ordinance. Trang Huynh, Building & Safety Official,
reported that State law has changed and that this option is no longer available.
Mayor Kurth opened the public hearing.
Frank Williams, Executive Officer of the Baldy View Chapter of the California Building Industry
Association, appreciated that the City Council recognized the need to help builders during this
recession. He hoped that the City would consider cutting the fees for a short period of time. Discussion
was held on the fees charged by surrounding cities. Mayor Pro Tem Michael noted that the City
comprehensively reviewed its fees and noted that not all cities charge the same fees.
John Lyons noted that there are always opportunities in the housing market; noting that interest rates
are at an all time low.
Mayor Kurth closed the public hearing.
MOTION: Moved by Williams, seconded by Gutierrez, to take up Ordinance No. 829 for first reading
and set second reading for April 21, 2010. Motion carried 5-0.
N2.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES, AND
CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF
CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE
Mark Steuer, Director of Engineering Services, presented the staff report.
In response to Mayor Kurth, Mr. Steuer indicated that the RCMU was established to serve commercial
customers in the Victoria Gardens area. This action is needed to maintain parity with the rates imposed
by Southern California Edison. Jack Lam, City Manager, noted that the utility was formed in order to
ensure electricity during a time when there were rolling brownouts.
Mayor Kurth opened the public hearing.
As no one wished to speak, Mayor Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 10-046 amending the
electric rates, fees and charges. 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 10 of 13
RESOLUTION NO. 10-046
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements
01. CVWD (CUCAMONGA VALLEY WATER DISTRICT) WATER RATE INCREASE (Oral
Presentation)
Todd Corbin, Assistant General Manager, presented information on the upcoming water rate increase.
He indicated that information has been mailed to all their customers and noted that the District will be
holding a public hearing on the proposed rate increase on April 27, 2010 at 6:00 p.m. at the District
offices.
Mr.Corbin gave a PowerPoint presentation which included information regarding the CVWD's FY 2010
Budget, FY 2011 Budget, elements of water rates, a chart listing various cities and showing the cost of
their average water bill and a timeline of when the rate increases would be considered and effective.
In response to Councilmember Gutierrez, Mr. Corbin addressed the reduction in staff and indicated
that there are currently 120 employees. In response to Mayor Pro Tem Michael, Mr. Corbin indicated
that there is a difference of 6.05% between the two Fiscal Years.
In response to Councilmember Spagnolo, Mr. Corbin stated that the average customer would have a'/.
inch or 1 inch meter. Mr. Corbin addressed Councilmember Gutierrez and stated that Upland's rates
are cheaper as they have a lot of local surface water.
Discussion was held with Mayor Pro Tem Michael regarding the use of a tiered structure and its effect
on water conservation. In response to Councilmember Gutierrez, Mr. Corbin indicated that the rate
increase was not due to the loss of revenue from Rancho Cucamonga residents conserving water. The
rate increase was needed to address long term costs.
In response to Jim Markman, City Attorney, discussion was held regarding the impact to the City. Mr.
Corbin indicated that CVWD is contemplating discontinuing the interruptible rate. As this was a
cheaper rate afforded to the City to provide additional water if needed, the City's costs will increase by
25% increase. The increase proposed for residents would be an average of 7.5%. Mayor Pro Tem
Michael encouraged the CVWD to serious discuss this decision and to continue the interruptible rate.
Mr. Corbin also discussed the need to maximize the use of recycled water. It was noted that CVWD
plans to add additional purple pipe next year but that pipe would not be laid all over town. In response,
Jack Lam, City Manager, stated that the cost to expand the infrastructure should be explored before
saying with certainty that recycled water will be cheaper.
Councilmember Williams reiterated the need to maintain the interruptible rate. Mr. Corbin stated that it
would be seriously looked at and confirmed that he would report back to the City Council on the results
of the discussion.
02. DECISION ON THE REQUEST OF UST DEVELOPMENT INC. (CO 09-2571. TO
RESOLUTION NO. 10-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE REQUEST OF UST
DEVELOPMENT, INC., TO SUBSTITUTE GATES LANDSCAPING, INC.,
AS A SUBCONTRACTOR ON THE WILSON AVENUE LANDSCAPING
AND TRAIL FROM CARNELIAN TO EAST OF CARNELIAN PROJECT,
AND MAKING FINDINGS IN SUPPORT THEREOF
James Markman, City Attorney, presented the staff report
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 11 of 13
In response to Mayor Pro Tem Michael, City Engineer Mark Steuer noted that UST put down the
asphalt incorrectly. This portion of the project was rebid and was on the Consent Calendar for approval.
Mr. Steuer noted that the work should be completed by the end of May.
MOTION: Moved by Michael, seconded by Gutierrez, to adopt Resolution No. 10-047, denying UST's
request to substitute Gages Landscaping as a subcontractor for the project Motion carried 5-0
P. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion
P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Williams reported that SANBAG will be partnering with Reiter Trucks to convert their
fleet into natural gas vehicles.
Councilmember Spagnolo announced the Veteran's Diploma Project offered by the San Bernardino
County Superintendent of Schools and the County of San Bernardino Department of Veteran's Affairs.
He also reported that the Healthy RC Senior Walk will be on April 9, 2010 at 11:00 a.m. at the senior
center.
Councilmember Gutierrez reported that he has finished with his out-of-town work. He noted the need to
follow upon prayer with appropriate action.
Mayor Pro Tem Michael stated that he attended the County Sheriffs Department Exceptional Service
Awards Ceremony last week as well as today's Police and Fire Luncheon. He was very proud of our
Fire and Safety personnel. Also, Mayor Pro Tem Michael noted that tomorrow night will be opening
night at the Quakes Stadium.
Mayor Kurth thanked the speakers, noting that the Council welcomes their comments. He noted that
Congressman Dreier held a job fair at Central Park today and stated that many people attended. Lastly,
Mayor Kurth indicated that Daisy Grace is doing well.
P2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo stated that there are almost enough signatures on the petition being
sponsored by the League of California Cities to protect local revenue. He encouraged everyone to vote.
Also discussed was ABx86 and ABx89, the funding swap proposal. Councilmember Spagnolo did not
believe that it would impact local sales tax.
Mayor Pro Tem Michael reported on a recent trip to Washington, DC. During that trip, the delegation
was told that the Republican caucus has voted to ban earmarks.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Kurth requested that information be prepared on the definition of a church.
R. AllJOURNMENT
Mayor Kurth recessed the meeting at 10:21 p.m. to closed session
Closed session reconvened at 10:25 p.m. with Rex Gutierrez, Diane Williams, Sam Spagnolo, Mayor
Pro Tem L. Dennis Michael and Mayor Donald J. Kurth were present.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 12 of 13
The closed session adjourned at 11:15 p.m. with no action taken.
Resp ctfully "s~ub~mitted,
{~
Deb L. McKay, MMC
Assis nt City Clerk/Records Manager
Approved: May 5, 2010
Redevelopment Agency, Fire Protection District, City Council Minutes
April 7, 2010 -Page 13 of 13