HomeMy WebLinkAbout2010/08/04 - MinutesAugust 4, 2010
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A _ CALL TO ORDER,
The Rancho Cucamonga Redevelopment Agency .and City Council held a closed session on
Wednesday, August 4, 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 Mayor
Donald J. Kurth.
Present were Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, Vice
Chairman/Mayor Pro Tem L. Dennis Michael and Chair/Mayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Linda Daniels,
Deputy City Manager and James Markman, City Attorney.
• ~' B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Mayor Donald J. Kurth announced the closed session items
D1. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) -DALE NELSON AND JEANNE NELSON V.
SANDRA KENT, MICHAEL FERNANDEZ, CITY OF RANCHO CUCAMONGA; COUNTY OF
SAN BERNARDINO, AND DOES 1 THROUGH 10 INCLUSIVE; CASE NO. CIVRS 913680 -
City
D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR UPDATE ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
ETIWANDA AVENUE, NORTH OF BASE LINE ROAD (COMMONLY REFERRED TO AS
THE ETIWANDA DEPOT); NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY
MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, FOR THE
CITY, AND MITCH ALDERMAN, DIRECTOR OF TRANSIT AND RAIL SYSTEMS, FOR
SAN BAG -RDA
C.. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No one was present to comment on the closed session item.
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:30 p.m.
E. CITY MANAGER ANNOUNGEM~ENTS .
No announcements were made.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 1 of 9
F. RECESS '
The closed session adjourned at 6:50 p.m. with no action taken.
~G.. REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive,
Rancho Cucamonga, California. Chairman/President/Mayor 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 President/Mayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant
City Manager; Linda Daniels, Deputy City Manager; James Troyer, Planning Director; Bill Wittkopf,
Public Works Director; Trang Huynh, Building and Safety Official; Robert Karatsu, Library Director;
Joe Pulcinella, Animal Care and Services Director; Mark Steuer, Engineering Director; Kevin
McArdle, Community Services Director; Joe Cusimano, Police Chief; Mike Bell, Fire Chief; Chris
Paxton, Human Resources Director; Debra McKay, Records Manager/Assistant City Clerk and Kathy
Scott, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Announcement of "Putt 4 Paws" Miniature Golf Tournament.
Joe Pulcinella, Animal Services Director, announced the upcoming "Putt for Paws' Miniature Golf
Tournament.
I. PUBLIC COMMUNICATIONS
11. Harry Mogan requested that the City Council review the guidelines for high school bingo activities.
He suggested that the fee be reduced by 50%, that the security guard requirements be relaxed and
that the limitation of only orie bingo game per year be eliminated.
12. Bob Shew (Bob Sheu) expressed concerns with the freeway signs as well as the large illuminated
sign adjacent to the historical gas station.
13. Jim Moffatt expressed concerns with earmarking $300,000 for lawn bowling and the comments
made by the Community Services Director that they have had numerous requests at Central Park for
this activity. Mr. Moffatt stated that lawn bowling is currently being offered by the Department and no-
one has requested the equipment. He requested that a report be placed on the next agenda and was
very concerned that no funding has been set aside for the veterans memorial to be built at Central
Park.
14. Ron VanderBroeke thanked staff and the Council far reinstating Omaha Jack's permit. He invited
the Council and the audience to the Grape Harvest Festival will be on August 27 - 29, 2010 at
Victoria Gardens.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 2 of 9
I5. Lisa Marie from Touch Ministries reported that the showers at the RC Family Resource Center
have recently been made unavailable to the homeless. She requested that the Council reconsider this
decision,
16. Bill Hanlon announced his candidacy for Mayor. He pledged to stop the sale of Iccal.government.
17. John Lyons announced his support of Bill Alexander for Councilinember and Mayor Pro Tem
Michael for Mayor.
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: July 21, 2010 (regular meeting)
J2. Approval of Check Register dated July 14 through July 27, 2010, for the total amount of
$98,896.01.
J3. Approval of modifications to the First-Time Homebuyer (FTHB) Program Guidelines allowing
staff to execute documents reconveying the Deed of Trust and cancelling the Loan
Agreement and the Promissory Note for borrowers undergoing financial hardships leading to
imminent foreclosure (in order to permit transactions such as "short sales').
J4. Approval to release the Faithful) Performance Bond No. 6611595, retained in lieu of
Maintenance Guarantee Bond in the amount of $14,828.00 for the Epicenter Stadium
Handrail Fabrication and Installation Project, Contract No. RA08-034.
MOTION: Moved by Williams, seconded by Spagnolo, 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 atone time without discussion. Any item may be
removed by a Boardmember for discussion.
K1. Approval of Minutes: July 21, 2010 (regular meeting)
K2. Approval of Check Register dated July 14 through July 27, 2010, for the total amount of
$240,634.11
K3. Approval of a Resolution updating the Fire District Representative(s) appointment to the
Public Agency Self-Insurance System (PASTS) Board of Directors.
RESOLUTION NO. FD 10-033
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, MAKING AN APPOINTMENT OF ITS
REPRESENTATIVE(S) TO THE PUBLIC AGENCY SELF-INSURANCE
SYSTEM BOARD OF DIRECTORS
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 3 of 9
K4. Approval to call a new special election date to submit a proposition to authorize the levy of
special taxes in territory (Amin Khan, Owner - APN: 0201-182-36, 37 & 38 -Annexation No.
88-10-1) proposed to be annexed to Community Facilities District (CFD No. 88-1 ).
RESOLUTION NO. FD 10-034
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. 88-10-1) TO SUBMIT TO THE QUALIFIED
ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO CFD
88-1, A PROPOSITION TO AUTHORIZE THE LEVI' OF SPECIAL
TAXES THEREIN
K5. Authorization of an appropriation' in the amount of $580,000 from Fire District Capital
Reserves into Account No. 3289501-5600, and authorize the expenditure of the same amount
for the land acquisition and related costs for 1.16 acres of surplus Flood Control District
property generally located at the northeast corner of property on the west side of the 5500
block of Hellman Avenue, south of Hillside Road, commonly known as the Demens Basin II
for the Hellman Fire Station (177) construction project.
K6. Accept the bids received and award and authorize the execution of the contract in the amount
of $2,871,000.46, to the lowest responsive bidder, ASR Constructors, Inc. (FD 10-006), and
authorize the expenditure of a 10% contingency in the amount of $287,100.05 for the Hellman
Fire Station (177) construction project to be funded from Account No. 3289501-
5650/1597289-6314; and approve an appropriation in the amount of $3,221,550 from Fire
District Capital Reserves to Account No. 3289501-5650/1597289-6314 to fund the above
noted contract as well as related utilities, printing and other construction-related expenses.
K7. Approval to award and authorize the execution of a Professional Services Agreement in the
amount of $94,750 to Dan Guerra and Associates (FD 10-008), and authorize the expenditure
of a 5% contingency in the amount of $4,740 for survey services for the Hellman Fire Station
(177) construction project, to be funded from Account No. 3289501-5650/1597289-6314; and
authorization to appropriate $99,490 from Fire District Capital reserves to Account No.
3289501-5650/1597289-6314.
K8. Approval to award and authorize the execution of a Professional Services Agreement in the
amount of $50,000 to RGS Engineering Geology (FD 10-009) for geotechnical and materials
testing services far the Hellman Fire Station (177) construction project, to be funded from
Account No. 3289501-565011597289-6314; and authorization to appropriate $50,000 from
Fire District Capital reserves to Account No. 3289501-5650/1597289-6314.
K9. Approval td 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 an amount not to exceed $1,384,260 for City facilities and $65,750
for Fire District facilities for Fiscal Year 2010-2011, to be funded from various .General Fund
accounts, San Bernardino County Reimbursement account, Capital Reserve account,
Landscape Maintenance District accounts, CFD 868 account, and Fire District accounts as
approved in the Fiscal Year 2010-2011 budget.
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
August 4, 2010 -Page 4 of 9
`. a .. L.; CONSENT.~CALENDAR -CITY COUNCIL; , ;
The following Consent Calendar items are expected to be routine and ndn-controversial.
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: July 21, 2010 (regular meeting)
L2. Approval of Check Register dated July 14 through July 27, 2010, and payroll ending July 27,
2010, for the total amount of $3,752,274.42.
L3. Approval of a Resolution appointing a representative and alternate representative to the
Public Agency Risk Sharing Authority (PARSAC) Board of Directors.
RESOLUTION NO. 10-130
A RESOLUTION OF THE CITY"COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO APPOINT AN ALTERNATE
REPRESENTATIVE TO THE PUBLIC AGENCY RISK SHARING
AUTHORITY OF CALIFORNIA (PARSAC) BOARD OF DIRECTORS
L4. Accept the Citywide Bridge Deck Maintenance, Contract No. CO 09-236, as complete,
release the Labor and Materials Bond, retain the Faithful Pertormance Bond to act as a
maintenance bond, authorize the Public Works Services Director to file a Notice of
Completion and approve the final contract amount of $354,963.60.
RESOLUTION NO. 10-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR THE CITYWIDE BRIDGE DECK MAINTENANCE
AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE WORK
L5. Approval to award a contract renewal (CO 07-124) to Ellis Enterprises of Los Alamitos for
window cleaning services for various City facilities for Fiscal Year 2010-2011 in an annual
amount of $71,160 plus $10,000 extra work, with no cost increase for Fiscal Year 2010-2011
to be funded from 1001312-5304 (Facilities Maintenance).
L6. 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 an amount not to exceed $1,384,260 for City
facilities and $65,750 for Fire District facilities for Fiscal Year 2010-2011 to be funded from
various General Fund accounts, San Bernardino County Reimbursement Account, Capital
Reserve Account, Landscape Maintenance District Accounts, CFD 868 Account, and Fire
District Accounts as approved in the Fiscal Year 2010-2011 budget.
L7. Approval to renew a contract with Utiliquest (formerly Underground Technology, Inc) for the
underground marking services in the amount of $54,600 with the option to renew for
additional one year periods upon review and confirmation of pricing and mutual consent of
the City Manager and Contractor, to be funded from numerous accounts as approved in the
Fiscal Year 2010-2011 budget.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 5 of 9
L8. Approval to execute a contract renewal (CO 02-018) with TruGreen LandCare of Upland,
California, for the maintenance of City landscape sites within the boundaries of LMD 9 and
10 and General Fund parkways in an amount not to exceed $133,770 to be funded from
1001316-5300 (General Fund-Street and Park Maintenance), 1139303-5300 (Lower
Etiwanda) and 1140303-5300 (Rancho Etiwaridal as approved in the Fiscal Year 2010-2011
budget.
L9. Approval of a Reimbursement Agreement (URA-26) (CO 10-093) for undergrounding of
existing overhead utilities for Tract 17455, located on the north side of 9th Street, east of
Madrone Avenue, submitted by KB Home.
RESOLUTION NO: 10-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT (URA-26) FOR UNDERGROUNDING OF EXISTING
OVERHEAD UTILITIES, LOCATED ON THE NORTH SIDE OF 9T"
STREET. EAST OF MADRONE AVENUE
L10. Approval to accept the Pavement Rehabilitations of Hillside Road from Beryl to Archibald;
Beryl Street from Sunflower to North City Limit, and Wilson Avenue from Carnelian Street
easterly 1400', Contract No. 10-025 as complete, release the bonds, accept a Maintenance
Bond, authorizing the City Engineer to file a Notice of Completion and approve the final
contract amount of $555,177.46.
RESOLUTION NO. 10-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PAVEMENT
REHABILITATIONS OF HILLSIDE ROAD FROM BERYL TO
ARCHIBALD; BERYL STREET FROM SUNFLOWER TO NORTH CITY
LIMIT AND WILSON AVENUE FROM CARNELIAN STREET EASTERLY
1400', CONTRACT NO. 025 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
Jack Lam, City Manager, removed Item L9 from the agenda.
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the
remaining staff reports. Motion carried 5-0.
M. ADVERTISED RL'BLIC;HEARING '
CITY COUNCIL AND FIRE PROTECTION DISTRICT .
The following items have been advertised andlor posted as public hearings as required by
law. The Chair will open the meeting to receive public testimony.
M1. CONSIDERATION OF WEED AND FIRE HAZARD ABATEMENT PROGRAM ORDINANCE
AND FEE RESOLUTION
ORDINANCE NO. 832 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING PROCEDURES
RELATING TO THE ABATEMENT OF WEEDS AND CERTAIN OTHER
FIRE HAZARDS, AND AMENDING TITLE 8 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
Redevelopment Agency, Fire Protection District: City Council Minutes
August 4, 2010 -Page 6 of 9
.. ,.
_; ::
RESOLUTION NO. FD 10-035
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ESTABLISHING FEES FOR ABATEMENT OF FIRE
HAZARDS
Rob Ball, Fire Marshall, presented the staff report.
In response to Councilmember Gutierrez, Mr. Ball noted that the Fire Department would be
responsible for vacant property but would coordinate with Code Enforcement to abate residential
property.
In response to Mayor Pro Tem Michael, Mr. Ball concurred that the County fees had increased
substantially. This was one of the reasons why the Fire Department chose to provide this new
service. Discussion was held regarding the weed abatement process.
President Donald J. Kurth opened the public hearing.
John Lyons commended Chief Bell for implementing the program and spoke about his experiences
as a weed abatement contractor.
President Donald J. Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Williams, to take up Ordinance No. 832 for first reading
and schedule second reading on August 18, 2010. Motion carried 5-0.
MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. FD 10-035. 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. DEVELOPMENT CODE AMENDMENT DRC2010-00336 - CITY OF RANCHO
CUCAMONGA - A request to amend the definition of "Church" in Subsection (C) of Section
17.02.140 (Definitions) of Chapter 17.02 (Administration) of Title 17 (Development Code) of
the Rancho Cucamonga Municipal Code. The project qualifies under State CEQA
Guideline Section 15061(b)(3) because the proposed definition change is for clarifying
purposes and will not result in an intensification of environmental impacts.
ORDINANCE NO. 833 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT DRC2010-00336, AMENDING
THE DEFINITION OF A "CHURCH" IN SUBSECTION (C) OF
SECTION 17.02.140 (DEFINITIONS) OF CHAPTER 17.02
(ADMINISTRATION) OF TITLE 17 (DEVELOPMENT CODE) OF THE
RANCHO CUCAMONGA MUNICIPAL CODE
Donald Granger, Senior Planner presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Granger confirmed that the Planning Commission had
reviewed this matter and is recommending approval.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 7 of 9
Mayor Donald J. Kurth opened the public hearing. With no one wishing to speak, Mayor Donald J.
Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Gutierrez, to take up Ordinance No. 833 for first reading
and schedule second reading for August 18, 2010. Motion carried 5-0.
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01.
Pamela Pane, Management Analyst II, presented the staff report.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the recommendation listed in the
staff report. Motion carried 5-0.
02.
03.
Michelle Perera, Assistant Library Director, presented the staff reports
In response to Councilmember Williams, Library Director Robert Karatsu commented on the new
vending machines and indicated that there is a slot to return the books. Councilmember Williams
noted the need to reinforce the Library Foundation's support.
In response to Mayor Kurth, Mr. Karatsu noted that the use of the Kindle reader has not impacted the
Library. He indicated in response to Councilmember Williams that the Library was considering the
purchase of iPads for public rental.
MOTION: Moved by Michael, seconded by Williams, to approve the recommendations listed in the
staff reports. Motion carried 5-0.
P. COUNCIL BUSINESS
The following items have been requested by the City Council for disdussion.
P1. COUNCIL ANNOUNCEMENTS (Comments to be limited. to. three minutes per
Councilmember.) ITEMS P1 AND P2 WERE CONSIDERED AT THE SAME TIME).
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 8 of 9
P2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo thanked the Sheriff's Department for the successful National Night Out
activities. He appreciated that columriist David Allen was present and had covered the removal of the
Foothill Bridge and thanked him for being present tonight. Councilmember Spagnolo reported on SB
1265 and HR 5766 as well as the State's current $19 billion deficit.
Councilmember Gutierrez appreciated the National Night Out program. He remindi:d the audience
that the Council was not able to comment on issues raised by the community that are not on the
agenda.. He thanked the speakers and requested that Mr. Moffatt's concerns be placed on the next
agenda for discussion.
Mayor Pro Tem Michael appreciated the work that Joseph Machado did in supporting the less
fortunate. He encouraged the community to support and thank the Neighborhood Watch groups. Last
Friday, Mayor Pro Tem Michael noted that the Drug Free RC Coalition had a great meeting. Also, he
noted that the grand opening of a new transit center was held in Yucaipa. The next transit center built
by Omnitrans will be at Chaffey College.
Councilmember Williams thanked the organizers of the National Night Out activities. She noted that
the removal of the Foothill Bridge was both exciting and nostalgic. In light of the Bell scandal,
Councilmember Williams reported that the City's salary and benefit information is on the Internet site
for the community's information.
Mayor Kurth also thanked the community groups who hosted the National Night Out activities and
reported on Daisy Grace's recent checkup.
Q:' IDENTIFICATION OF_ITEMS FOR NEXT MEETING ,.: ~ '
Councilmember Gutierrez requested that a report regarding Mr. Moffatt's concerns be placed on the
next agenda.
~, _ . ~ :." R ~~ ADJOURNMENT ~ • ~ -~ ~ ~ ~'
Mayor Kurth adjourned the meeting at 9:02 p.m. in memory of Phil Guerrero.
Re~'pectfully submitted,
~~~
De ra L. McKay, MMC
Assi ant City Clerk/Records Manager
Approved: August 18, 2010
Redevelopment Agency, Fire Protection District, City Council Minutes
August 4, 2010 -Page 9 of 9