HomeMy WebLinkAbout2010/05/05 - MinutesMay 5, 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, May 5, 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/PresidenUMayor 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 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 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
D2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) - CAMPBELL V CITY OF RANCHO
CUCAMONGA, CASE NO. CIVRS905562 -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 6:30 p.m. with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 1 of 12
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/Bcardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam
Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidentMayor 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; Kevin McArdle, Community Services Director; Robert
Karatsu, Library Director; James Troyer, Planning Director; Chris Paxton, Human Resources Director;
Trang Huynh, Building & Safety Official; Jim Frost, City Treasurer; Debra McKay, Records
Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a Proclamation in recognition of "Business Appreciation Week", May 3 - 7,
2010.
Mayor Kurth presented a proclamation declaring May 3 - 7, 2010 as "Business Appreciation Week".
H2. Presentation of a Proclamation declaring May, 2010 "Historic Preservation Month".
Mayor Kurth presented a proclamation declaring May, 2010 as "Historic Preservation Month".
H3. Presentation of a Proclamation in recognition of "Mormon Helping Hands Day", May 8,
2010.
Mayor Kurth presented a proclamation declaring May 8, 2010 as "Mormon Helping Hands Day".
I. PUBLIC COMMUNICATIONS
David Nunn, representing the Senior Advisory Committee, invited the Council and the audience to a Night
in Italy gala on May 8, 2010 at the James L. Brulte Senior Center.
Chris Dye showed a video presentation of Mr. Guillermo Reyes addressing the Council and the audience.
Steve Wasden indicated that he had a lot of unanswered questions regarding Mr. Reyes lasing his home.
He requested that the City Council look into this matter and suggested that the City pay for Mr. Reyes to
live in an assisted living facility.
Janet Walton reported that the National Day of Prayer is tomorrow and invited the Council and the public
to the event.
Jerie Lee complimented the City Council and the Planning Commission for revoking the Entertainment
permits for Loco Cantina and Omaha Jacks. She suggested that the City charge establishments
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 2 of 12
whenever the police are called out, that staff time be charged to explain the conditions of approval to
businesses and that drinking be outlawed instead of smoking.
Ed Dietl invited the Council and the public to a Historical Home Tour on May 23, 2010 from 1:00 p.m. to
5:00 p.m. Tickets are $25 per person.
Jim Moffatt reported that his granddaughter and other teams were thrown out of a park recently and
indicated that it was ridiculous to pay $125 per month to use Garcia Park. He expressed concerns with
the conduct of the Community Services Department and the limited use of facilities by residents.
John Lyons invited the Council and the audience to a carnival at the Sacred Heart Roman Catholic
Church on Saturday. Mr. Lyons commented on the recent Health Exposition. He expressed appreciation
to Councilmember Spagnolo and Kevin McArdle and spoke about the gathering of Families & Friends of
Murder Victims recently in recognition of Victims' Rights Week.
Bill Hanlon expressed concerns with political signs in the City being illegally placed in the City. Also, Mr.
Hanlon indicated that Departments are not following the permit requirements.
Elizabeth Allerton supported Mayor Kurth's stance on illegal immigration.
Kim Millwee, representing Visiting Angels, invited the Council and audience to an upcoming Open House
on May 18, 2010 from 8 to 11 a.m.
Daniel and Nanette To addressed the City Council regarding Code Enforcement concerns about their
property on Hunt Club Drive.
Joseph Machado invited the Council and audience to the Biking for America kickoff event on June 5,
2010.
Raymond Herrera spoke in support of Mayor Kurth as a candidate for the 63rtl Assembly District.
Robin Hridston concurred with Mr. Herrera's comments. She noted the need for people to come to the
country legally and abide by our laws.
Ramin Ashtiani expressed concerns with the dog park next to his home on Hunt Club Drive. He reported
that people are using the park early in the morning and late at night and indicated that there is a lack of
dedicated parking.
Jennifer Alonso invited the Council and the audience to the 2"d Annual 5K Run/Walk at Red Hill Park on
May 22, 2010. More information can be obtained from www.togetherinhisarms.org.
Quyenzi Pham invited the Council and the audience to the Art Institute of California's 2"tl Annual Fashion
Show, to be held on June 12, 2010 at the Cultural Center.
Puredi Hillary and his wife offered a prayer to the audience and the City Council
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: April 7, 2010 (Regular Meeting)
April 21, 2010 (Special Meeting -canceled -presentations only)
April 21, 2010 (Regular Meeting -canceled)
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 3 of 12
J2. Approval of Check Register dated March 31 through April 13, 2010, for the total amount of
$1,141,231.77, and Check Register dated April 14 through April 27, 2010, for the total amount
of 1,082,883.38.
J3. Approve to receive and file current Investment Schedule as of March 31, 2010.
J4. Approval for the purchase of fifteen (15) Lifepak, fifteen (15) Cardiac Monitors, as a single
source purchase from Physio Control, in an amount not to exceed $402,000.00, to be funded
from Acct. Nos. 2505801-5603 ($301,570) and 3289501-5603 ($100,430), and the purchase of
nine (9) external modems for a total not to exceed $5,000.00 from Acct. Nos. 2505801-5207
($3,350) and 3289501-5207 ($1,650), and an appropriation of $304,920.00 from RDA Fire
Fund Reserves to Acct. No. 2505801-5207 $3,350.00 and Acct. No. 2505801-5603
$301,570.00, and an appropriation of $82,520.00 from Fire Capital Reserve Fund 3289
Paramedic Equipment Replacement to Acct. No. 3289501-5207 $1,650.00 and Acct. No.
3289501-5603 $80,870.00.
J5. Approval to accept the Civic Center Planter and Parking Structure Waterproofing
improvements, Contract No RA 09-008 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 $513,325.00.
RESOLUTION NO. RA 10-007
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
CIVIC CENTER PLANTER AND PARKING STRUCTURE
WATERPROOFING IMPROVEMENTS, CONTRACT NO. RA 09-008 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
J6. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $45,000.00 to the lowest responsive bidder, Preferred Ceilings, Inc., (RA 09-
007), and authorize the expenditure of a 10% contingency in the amount of $4,500.00 for the
Acoustic Panels and Window Shades at Paul A. Biane Library, to be funded from Library
Funds, Acct. No. 2630801-5602, and appropriate $57,500.00 to Acct. No. 2630801-5602 from
Library Fund balance (Contract award of $45,000.00 plus 10% contingency of $4,500.00 and
$8,000.00 for inspection services and incidentals).
J7. Approval of acquisition of a portion of real property identified as 8393 Foothill Boulevard in the
City of Rancho Cucamonga, County of San Bernardino, State of California and identified as
San Bernardino County Assessor's Parcel Number 0207-571-75 for the Foothill Boulevard
Improvement Project from Grove Avenue to Vineyard Avenue.
MOTION: Moved by Spagnolo, seconded by Gutierrez, to approve the staff recommendations in the
staff reports. 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 at one time without discussion. Any item may be
removed by a Boardmember for discussion.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 4 of 12
K1. Approval of Minutes: April 7, 2010 (Regular Meeting
April 21, 2010 (Special Meeting -canceled -presentations only)
April 21, 2010 (Regular Meeting -canceled)
K2. Approval of Check Register dated March 31 through April 13, 2010, for the total amount of
$1,141,231.77, and Check Register dated April 14 through April 27, 2010, for the total amount
of 156,062.42.
K3. Approve to receive and file current Investment Schedule as of March 31, 2010.
K4. Approval of a Resolution declaring results of a Special Election in Community Facilities District
No. 85-1, Annexation No. 10-1 (Jamil Samouh-Owner - APN 0208-811-58,59&60).
RESOLUTION NO. FD 10-012
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A
SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1,
ANNEXATION NO. 10-1 AND ORDERING THE ANNEXATION OF SUCH
PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1
K5. Approval for the purchase of fifteen (15) Lifepak, 15 Cardiac Monitors, as a single source
purchase from Physio Control, in an amount not to exceed $402,000.00, to be funded from
Acct. Nos. 2505801-5603 ($301,570) and 3289501-5603 ($100,430), and the purchase of nine
(9) external modems for a total not to exceed $5,000.00 from Acct. Nos. 2505801-5207
($3,350) and 3289501-5207 ($1,650), and an appropriation of $304,920.00 from RDA Fire
Fund Reserves to Acct. No. 2505801-5207 $3,350.00 and Acct. No. 2505801-5603
$301,570.00, and an appropriation of $82,520.00 from Fire Capital Reserve Fund 3289
Paramedic Equipment Replacement tc Acct. No. 3289501-5207 $1,650.00 and Acct. No.
3289501-5603 $80,870.00.
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.
L. CONSENT CALENDAR-CITY COUNCIL
The following Consent Calendar items are expected to be routine and non-controversial. They
will be acted upon by the Council at one time without discussion. Any item may be removed
by a Councilmember for discussion.
L1. Approval of Minutes: April 7, 2010 (Regular Meeting)
April 21, 2010 (Special Meeting -canceled -presentations only)
April 21, 2010 (Regular Meeting -canceled)
L2. Approval of Check Register dated March 31 through April 13, 2010, and payroll ending April
13, 2010, for the total amount of $5,061,337.01, and Check Register dated April 14 through
April 27, 2010, and payroll ending April 27, 2010, for the total amount of $3,770,037.49.
L3. Approval to receive and file current Investment Schedule as of March 31, 2010.
L4. Approval of a Resolution declaring the intention of the City Council to deannex certain property
from Landscape Maintenance District No. 7 and Street Lighting District No. 7 as a precursor to
the annexation of such property to Landscape Maintenance District No. 8 and Street Lighting
District No. 8.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 5 of 12
RESOLUTION NO. 10-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER
THE DEANNEXATION OF CERTAIN PROPERTY FROM LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING DISTRICT NO.
7 AS A PRECURSOR TO THE ANNEXATION OF SUCH PROPERTY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING
DISTRICT NO. 8
L5. Approval of a request from Run for the Wall for a Waiver of Fees and Charges for Local
Events associated with the 2010 Run.
L6. Approval of Improvement Agreement Extension for Tract 16227-1, located on the north side of
Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California,
Inc.
RESOLUTION NO. 10-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR Tract
16227-1
L7. Approval of Improvement Agreement for DRC2003-00022, located on the west side of East
Avenue, south of Base Line Road, submitted by Cucamonga Valley Water District.
RESOLUTION NO. 10-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT
AGREEMENT FOR DRC2003-00022
L8. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the
Highland Avenue Sidewalk Improvements from Rochester Avenue to east of Day Creek
Channel, to be funded from Measure "I" Funds.
RESOLUTION NO. 10-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE HIGHLAND AVENUE SIDEWALK
IMPROVEMENTS FROM ROCHESTER AVENUE TO EAST OF DAY
CREEK CHANNEL, IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L9. Approval to adopt a resolution and approve the Records Retention Schedule Amendment for
the Engineering/Administration Department.
RESOLUTION NO. 10-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING RECORDS RETENTION
SCHEDULE AMENDMENT FOR THE ENGINEERING/ ADMINISTRATION
DEPARTMENT OF THE CITY OF RANCHO CUCAMONGA
L10. Approval to purchase one (1) Aerial Lift Truck from Fritts Ford of Riverside, California, as per
Request For Bid ("RFB") #09/10-017 in the amount of $66,758.63, to be funded from Acct. No.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 6 of 12
1712001-5604 (Vehicle and Equipment Replacement Fund) as approved in the FY 2009-2010
budget.
L11. Approval for the transfer of one (1) City vehicle, one (1) 2011 Ford F-250 XLT truck to facilitate
its use by the County of San Bernardino for Police Department services.
L12. Approval of Community Services Update Report.
L13. Approval to award an annual contract for the remainder of Fiscal Year 2009/10 with the option
to renew for a one (1) year term if price remains as bid in accordance to RFB #08/09-021, for
the purchase of one (1) lot of traffic signal replacement batteries from Interstate Battery as per
request for bid ("RFB") #09/10-02 and authorize the expenditure of $125,000 to be funded
from Account No. 1712001-5200 (Vehicle and Equipment Replacement Fund) as approved in
the FY 2009-2010 budget.
L14. Approval and execution of Construction of Improvements and Hold Harmless Agreement (CO
10-040) between the City of Rancho Cucamonga and Harold H. Downey, Inc., along the south
side of Foothill Boulevard between San Bernardino Road and Vineyard Avenue.
L15. Approval tc accept the bids received, award and authorize the execution of a contract in the
amount of $18,552.00 to the apparent low bidder, JM Justus Fence Company (CO 10-041) of
Temecula, California, and authorize the expenditure of a 10% contingency in the amount of
$1,855.00 for the Golden Oak Park Ball Field Fencing Project, to be funded from Acct. No.
1120305-5650/1668120-0 (Park Development Fund).
L16. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $90,565.00 tc the apparent low bidder, Republic ITS, Inc. (CO 10-042) of
Novato, California, and authorize the expenditure of a 10% contingency in the amount of
$9,057, for "Illuminated Street Name Sign Replacement" base bid plus additive bid locations,
1, 2, 3, and 5 per the attached bid summary, to be funded from Acct. No. 1124303-5300
(Transportation Fund) as approved in the FY 2009/2010 budget.
L17. Approval of a Reimbursement Agreement (SRA-56) (CO 10-043) for portion of pavement
overlay and related improvements, located between Parcel Map 17594 east property line and
Day Creek Channel, submitted by F & F, LLC.
RESOLUTION NO. 10-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT (SRA-56) FOR PORTION OF PAVEMENT OVERLAY AND
RELATED IMPROVEMENTS, LOCATED BETWEEN PARCEL MAP 17594
EAST PROPERTY LINE AND DAY CREEK CHANNEL
L18. Approval to accept the Traffic Signal at 19`h Street and Jasper Street Improvements, Contract
No. 09-059 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 $161,526.00.
RESOLUTION NO. 10-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNAL AT
19T" STREET AND JASPER STREET IMPROVEMENTS, CONTRACT NO.
09-059, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
L19. Approval to accept the Wilson Avenue Landscaping and Trail from Carnelian to east of
Carnelian improvements, Contract No. 09-257 as complete, retain the Faithful Performance
Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 7 of 12
Engineer to file a Notice of Completion, approve the final contract amount of $252,840.38 and
order the annexation of the territory to Landscape Maintenance District No. 1.
RESOLUTION NO. 10-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE WILSON AVENUE
LANDSCAPING AND TRAIL FROM CARNELIAN TO EAST OF
CARNELIAN IMPROVEMENTS, CONTRACT NO. 09-257 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
RESOLUTION NO. 10-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY KNOWN AS THE WILSON AVENUE
LANDSCAPING AND TRAIL FROM CARNELIAN TO APPROXIMATELY
1400' EAST OF CARNELIAN AND THE EAST SIDE OF CARNELIAN
BETWEEN BRILLIANT LANE AND WILSON AVENUE TO THE WORK
PROGRAM WITHIN LANDSCAPE MAINTENANCE NO. 1
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff
reports. Motion carried 5-0.
M. CONSENT ORDINANCES
The following Ordinances have had hearings at the time of first reading. Second readings are
expected to be routine and non-controversial. The Agency, Fire Board, or Council will act
upon them at one time without discussion. The City Clerk will read the title. Any item can be
removed for discussion by an Agencymember, Boardmember, or Councilmember.
M1.
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
MOTION: Moved by Michael, seconded by Williams, to adopt Ordinance No. 829 for second reading.
Motion carried 5-0.
N. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
The following items have been advertised andlor posted as public hearings as required by
law. The Mayor will open the meeting to receive public testimony.
N1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT
DRC2009-00691 - CITY OF RANCHO CUCAMONGA - A request to amend Table
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 8 of 12
ORDINANCE NO. 829 (second reading)
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), adding Crematory Services as a Conditionally
Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of
Funeral and Crematory Services under Section 17.30.030. Staff has prepared a Negative
Declaration of environmental impacts for consideration. (PowerPoint Presentation)
ORDINANCE NO. 830 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2009-00691, AMENDING 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), ADDING CREMATORY SERVICES AS A
CONDITIONALLY PERMITTED USE IN SUBAREA 14 (GENERAL
INDUSTRIAL DISTRICT) AND MODIFYING THE DEFINITION OF
FUNERAL AND CREMATORY SERVICES UNDER SECTION 17.30.030,
AND MAKING FINDINGS IN SUPPORT THEREOF
Donald Granger, Senicr Planner, presented the staff report.
Mayor Kurth opened the public hearing.
With no one wishing to speak, Mayor Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Gutierrez, to take up Ordinance No. 830 for first reading and
set second reading for May 19, 2010. Motion carried 5-0.
N2. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
I.VNJVLIUHICU YLHIV HIVV HIVIVUHL HV IIVIV rLHIV - ur~i.cv lv-uv<vc - viii vi
RANCHO CUCAMONGA - A review of the federally required 2010-2014 Consolidated Plan
and 2010-2011 Annual Action Plan, which includes the selection of CDBG funded activities,
based on a grant allocation of $1,103,208.
Tom Grahn, Associate Planner, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Grahn indicated that more funding is being proposed for
the senior transportation program. At this point, the Community Services Department is coordinating
this with the YMCA and if they are not able to provide the transportation, the Community Services
Department will do it.
In response to Councilmember Gutierrez, Mr. Grahn indicated that the current Census data will make a
difference in the amount of funding provided. Mr. Grahn noted that the 5 year plan reflects the City's
goals. If additional funding becomes available as a result of the Census, the plan can certainly be
amended.
Mayor Kurth opened the public hearing.
Ed Dietl inquired if funding would be available for Mr. Reyes or for the gas station that has been
declared a historic landmark.
Sandra Rutherford, Executive Director of Campfire USA, thanked the City Council for their support and
spoke about Campfire USA's programs.
Mayor Kurth closed the public hearing.
MOTION: Moved by Williams, seconded by Michael, to approve the Community Development Block
Grant Consolidated Plan and Annual Action Plan. Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 9 of 12
N3.
CONDITIONAL USE PERMIT DRC2007-00283R FOR LOCO CANTINA & GRILL - A public
hearing on the appeal of the Planning Commission's decision to revoke the Conditional Use
Permit because it is operating in a manner which is detrimental to the public health, safety, or
welfare or materially injurious to properties in the vicinity. The City Council will consider the
appeal and may uphold or rescind the revocation or modify the Conditional Use Permit.
Located in the Masi Plaza at 11815 Foothill Boulevard; APN: 0229-011-38. Related File:
Entertainment Permit DRC2007-00284.
(Continued from April 21, 2010 per applicant's request. As this meeting was not held,
item was re-advertised and will be heard on May 19, 2010.)
ENTERTAINMENT PERMIT DRC 2007-00284R FOR LOCO CANTINA & GRILL - A public
hearing on the appeal of the Planning Commission's decision to revoke the Entertainment
Permit because it is operating in a manner which is detrimental to the public health, safety, or
welfare or materially injurious to properties in the vicinity. The City Council will consider the
appeal and may uphold or rescind the revocation or suspend or modify the Entertainment
Permit. Located in the Masi Plaza at 11815 Foothill Boulevard; APN: 0229-011-38. Related
File: Conditional Use Permit DRC2007-00283R.
(Continued from April 21, 2010 per applicant's request. As this meeting was not held,
item was re-advertised and will be heard on May 19, 2010.)
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01. PRESENTATION HONORING MILITARY VETERANS (PowerPoint)
James Troyer, Planning Director provided a PowerPoint presentation honoring military veterans.
02. UPDATE OF REVISION OF DEFINITION OF "CHURCH" AND "CHURCH ACTIVITIE:
(Oral)
Jim Markman, City Attorney presented an update on work done to date to revise the definition of a
"church" and "church activities" in the City. He indicated recently Code Enforcement has been wrestling
with activities in which church activities were conducted in homes. Mr. Markman noted that he was
asked to develop an Ordinance to help clarify the matter and distributed a first draft of a rough
Ordinance to the City Council.
Mr. Markman indicated that the definitions contained in the rough draft were worth pursuing as the
Ordinance would change the Municipal Code to clarify that ancillary religious activity in a home are
different from church activities. If an ancillary religious activity creates a nuisance, it would be no
different than any other activity in a home which creates a nuisance and would be addressed
accordingly. Mr. Markman suggested that the City Council instruct staff to fine tune the Ordinance,
schedule it for the Planning Commission and ultimately consideration by the City Council.
In response to Mayor Kurth, Mr. Markman stated that the definition of a church is intended to
encompass a complex of buildings. Mr. Markman noted that he could define it further if needed to
address a single residential dwelling for a minister.
In response to Mayor Pro Tem Michael, Mr. Markman indicated that the purpose of the Ordinance is to
assist Code Enforcement in clarifying the difference between an ancillary religious activity in a home
and activities at a church. Councilmember Williams reminded the audience and viewers that people
should be considerate of their neighbors, regardless of the type of gathering. She noted that the
Ordinance should state clearly that there is no discrimination.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 10 of 12
In response to Councilmember Williams, staff confirmed that it is possible to use a residential structure
as a church with the appropriate permits and adequate parking.
MOTION: Moved by Williams, seconded by Gutierrez, to direct staff to move forward with the
development of an Ordinance. 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.)
P2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo reported on the grand opening of the new VA clinic, which is a model for
other VA clinics around the nation. He indicated that the Local Taxpayer, Public Safety and
Transportation Protection Act has been submitted and has qualified for the ballot. Councilmember
Spagnolo spoke in opposition to Proposition 16. He reported that today AB X4 26 was upheld, which
requires redevelopment agencies statewide to transfer $2.05 billion in local redevelopment funds over
the next two years. Lastly, Councilmember Spagnolo reported on AB 155, which would require cities
seeking bankruptcy protection to get approval from a State committee.
Councilmember Gutierrez noted that the need to help Mr. Reyes. He truly appreciated the prayer at
tonight's meeting and spoke about the need to support each other. Councilmember Gutierrez indicated
that there is a lot of graffiti on sidewalks and encouraged the public to call the graffiti hotline.
Mayor Pro Tem Michael was very concerned with the State seizing redevelopment funding. This money
is dedicated to stimulate growth and jobs and will affect the City's ability to construct improvements at
Central Park and at the freeway interchange. Mayor Pro Tem Michael stated that the Ron Ives Bicycle
Rodeo will be on May 15, 2010 from 8:30 a.m. to 12:30 p.m. at Red Hill Park.
Councilmember Williams encouraged the public to support the Local Taxpayer, Public Safety and
Transportation Protection Act. She spoke about the new Metrolink cars. Councilmember Williams
invited the Council and the audience to the Cucamonga Challenge on May 8, 2010 at Central Park.
Mayor Kurth also expressed concerns with the State taking redevelopment funding. He noted that
Sacramento is addicted to spending. Mayor Kurth stated that we all owe a debt of gratitude to our
veterans and noted that the meeting would be adjourned in their memory.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 11 of 12
R. ADJOURNMENT
Mayor Kurth adjourned the meeting at 9:32 p.m. after a moment of silence in honor of military
veterans and John C. Lee, retired Division Chief from the Montclair Fire Department, who passed
away on April 28, 2010.
Respec Ily submitted,
~~~
Debra L McKay, MMC
Assistant City Clerk/Records Manager
Approved: May 19, 2010
Redevelopment Agency, Fire Protection District, City Council Minutes
May 5, 2010 -Page 12 of 12