HomeMy WebLinkAbout2010/11/03 - MinutesNovember 3, 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, November 3, 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 5:00 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 PresidenUChair/Mayor Donald
J. Kurth.
Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; and James
Markman, City Attorney.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Chairman/President/Mayor Donald J. Kurth announced the closed session items:
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
C. PUBLIC COMMUNICATIONS ON CLOSED SESSTON ITEM(S)
No one was present to comment on the closed session item.
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:00 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session recessed at 6:00 p.m. with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
November 3, 2010 -Page 1 of 7
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: 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; Bill Wittkopf, Public Works Director; Trang
Huynh, Building and Safety Official; Mark Steuer, Engineering Director; Kevin McArdle, Community
Services Director; Robert Karatsu, Library Director; Joe Cusimano, Police Chief; Mike Bell, Fire Chief;
Jim Frost, City Treasurer; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott,
Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation to Senator Bill Emmerson, in recognition of his service representing the City in
the California State Assembly.
Mayor Kurth presented a proclamation to Senator Bill Emmerson in recognition of his service to the
City.
I. PUBLIC COMMUNICATIONS
11. Jim Moffatt congratulated the recently elected City Council members. He noted the passing of
Army Specialist Ronnie Joseph Pallares and requested that the meeting be adjourned in his honor.
12. Janet Walton providing information about the establishment of Thanksgiving and offered a prayer
for the City Council and the community.
13. Jim Frost offered his congratulations to the newly elected City Council members. He noted the
passing of Army Specialist Ronnie Joseph Pallares and commented on his service to the country.
14. Luella Hairston congratulated the recently elected City Council members. She invited the Council
and the audience to a Flapjack fundraiser benefiting homebound seniors, to be held on November 6,
2010 from 8:00 a.m. to 10:00 a.m.
15. Edward Dietl offered congratulations to the newly elected City Council members. He invited the
Council and the audience to the 2010 Route 66 Cruise to the Santa Monica Pier, which will be held
on November 1, 2010.
16. Fluira Machado offered her congratulations to the newly elected City Council members. She
invited the Council and the audience to a charity bike ride, which will be held on November 27, 2010.
More information can be found at www.bikingforamerica.com.
17. Melissa Myers indicated that she is a member of the Drug Free RC Coalition and spoke in support
of Item M1 (Social Host Ordinance).
18. Brenda Chabot stated that she is a member of the Drug Free RC Coalition and spoke in support of
Item M1 (Social Host Ordinance).
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November 3, 2010 -Page 2 of 7
19. John Lyons offered his thoughts and prayers to the family of Army Specialist Ronnie Joseph
Pallares as well as the Gutierrez family. He congratulated the newly elected City Council members
and thanked everyone who participated in yesterday's election. Mr. Lyons noted that Wahoo's is
offering free meals to veterans on November 11, 2010.
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: October 20, 2010 (Regular Meeting)
J2. Approval of Check Register dated October 13 through October 26, 2010, for the total amount
of $772,518.68.
J3. Approval to release Faithful Performance Bond No. 4370148, retained in lieu of Maintenance
Guarantee Bond, in the amount of $796,458.00, for the Compressed Natural Gas
Improvement Project at the City Yard, Contract No. RA08-020.
MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the
staff reports. Motion carried 4-0.
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.
K1. Approval of Minutes: October 20, 2010 (Regular Meeting)
K2. Approval of Check Register dated October 13 through October 26, 2010, for the total amount
of $128,065.70.
MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 4-0.
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: October 20, 2010 (Regular Meeting)
L2. Approval of Check Register dated October 13 through October 26, 2010, and payroll ending
October 26, 2010, for the total amount of $3,554,777.84.
L3. Approval of the recommendation from the Park and Recreation Commission regarding
approval of the Annual Street Banner Schedule and Applications for Calendar Year 2011.
L4. Approval of Drainage Reimbursements for the Etiwanda/San Sevaine Area Master Plan for
FY 2009/2010 and appropriation of $46,148.95 to Acct. No. 1116303-5650/1026116-0.
L5. Approval of Drainage Reimbursements for the General City Master Plan for FY'2009/2010
and appropriation of $79,217.97 to Acct. No. 1112303-5650/1026112-0.
L6. Approval of Map for PM 19225 located at 7576 Etiwanda Avenue, submitted by The
Gardens, LLC.
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November 3, 2010 -Page 3 of 7
RESOLUTION NO. 10-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. PM
19225
L7. Approval of a Net Energy Metering and Generating Facility Interconnection Agreement (CO
10-138) for RCMU solar or wind generating customers and to delegate the authority to enter
into future net energy metering and generating facility interconnection agreements to the City
Engineer or his designee.
L8. Approval of a Professional Services Agreement with the City of Riverside Public Utilities
(C10-139) to provide scheduling coordinator and energy settlement services to the Rancho
Cucamonga Municipal Utility.
L9. Approval of a Reimbursement Agreement (URA-27) (CO 10-140) for Undergrounding of
Existing Overhead Utilities for Tract 16454 and 16643, located on the east side of Etiwanda
Avenue, south of Base Line Road, submitted by KB Home, and appropriate $191,181.35 to
Acct. No. 1129303-5650/1026129-0 from Underground Utilities Fund Balance.
RESOLUTION NO. 10-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT (URA-27) FOR THE UNDERGROUNDING OF EXISTING
OVERHEAD UTILITIES, LOCATED ON THE EAST SIDE OF ETIWANDA
AVENUE, SOUTH OF BASE LINE ROAD
L10. Approval of Amendment No. 1 to the Agreement (CO 94-089) for the Installation of Street
and Storm Drain Improvements between the City of Rancho Cucamonga and Ameron, Inc.
L11. Approval of: 1) a Resolution ordering the Assessment Engineer to prepare and file an
Amended Assessment Engineer's Report for Landscape Maintenance District No. 4-R to
include enhancements in the scope of the maintenance and servicing of the improvements
at no additional cost; and 2) a Resolution declaring the intention to amend the Assessment
Engineer's Report for Landscape Maintenance District No. 4-R for Fiscal Year 2010-2011 to
provide for enhancements in the scope of maintenance and servicing of the improvements in
such District at no additional cost, setting a time and place for a public hearing and
preliminarily approving said Amended Assessment Engineer's Report.
RESOLUTION NO. 10-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ASSESSMENT
ENGINEER TO PREPARE AND FILE AN AMENDED ASSESSMENT
ENGINEER'S REPORT FOR THE CITY OF RANCHO CUCAMONGA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 4-R TO
INCLUDE ENHANCEMENTS IN THE SCOPE OF THE MAINTENANCE
AND SERVICING OF THE IMPROVEMENTS OF SUCH DISTRICT
RESOLUTION NO. 10-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO AMEND
THE ASSESSMENT ENGINEER'S REPORT FOR THE CITY OF
RANCHO CUCAMONGA ASSESSMENT DISTRICT 4-R TO PROVIDE
FOR ENHANCEMENTS IN THE SCOPE OF MAINTENANCE AND
SERVICING OF THE IMPROVEMENTS IN SUCH DISTRICT AT NO
ADDITIONAL COST, SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON, AND PRELIMINARILY APPROVING SAID
AMENDED ASSESSMENT ENGINEER'S REPORT
Redevelopment Agency, Fire Protection District, City Council Minutes
November 3, 2010 -Page 4 of 7
L12. Approval to release Faithful Performance Bond No. 4370148, retained in lieu of Maintenance
Guarantee Bond, in the amount of $796,458.00, for the Compressed Natural Gas
Improvement Project at the City Yard, Contract No. 08-114.
L13. Approval to release Faithful Performance Bond No. 7608680, retained in lieu of Maintenance
Guarantee Bond in the amount of $135,211.00, for the FY 2008/2009 Bus Bay, Driveway
and ADA Access Ramp Improvements at Various Locations, Contract No. 09-201.
MOTION: Moved by Michael, seconded by Spagnolo, to approve the staff recommendations in the
staff reports. Motion carried 4-0.
M. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time of first reading. Second
readings are expected to be routine and non-controversial. The Agency, Fire Board, or
Council will act upon them at one time without discussion. The City Clerk will read the title.
Any item can be removed for discussion by an Agencymember, Boardmember, or
Councilmember.
M1. CONSIDERATION OF MUNICIPAL CODE AMENDMENT DRC2010-00624 -CITY OF
RANCHO CUCAMONGA - A request to add Chapter 9.33 of Title 9 regarding providing
accountability for social hosts of minors and for unruly parties.
ORDINANCE NO. 835 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.33 OF TITLE 9 TO
THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING
PROVIDING ACCOUNTABILITY FOR SOCIAL HOSTS OF MINORS
MOTION: Moved by Michael, seconded by Williams, to adopt Ordinance No. 835 for second reading.
Motion carried 4-0.
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. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2008-00115
- 2008 HOUSING ELEMENT UPDATE - CITY OF RANCHO CUCAMONGA - In
accordance with Article 10.6, Section 65580-65589.8 of the California Government Code, a
revision and update of the City's Housing Element, including the State-mandated analysis of
restricted, affordable units at-risk of conversion to market rate through June 30, 2015. Staff
has found the project to be within the scope of the project Initial Study Part II reviewed by the
City of Rancho Cucamonga Planning Commission on April 9, 2008. This action does not
raise or create new environmental impacts not already considered in that Initial Study, and
staff has prepared a Mitigated Negative Declaration on environmental impacts for
consideration.
RESOLUTION NO. 10-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APROVING GENERAL PLAN
AMENDMENT DRC2008-00115, TO REVISE AND UPDATE THE
HOUSING ELEMENT IN ACCORDANCE WITH ARTICLE 10.6,
SECTIONS 65580 TO 65589.8 OF THE CALIFORNIA GOVERNMENT
CODE; AND MAKING FINDINGS IN SUPPORT THEREOF
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November 3, 2010 -Page 5 of 7
Tom Grahn, Associate Planner, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Grahn indicated that the Housing Element is required by
the State in order to address the housing needs of the community.
In response to Council Member Williams, Mr. Grahn noted that only a couple of jurisdictions met the
June, 2009 deadline. He stated that staff has been closely working with the State in order to get
approval.
Mayor Kurth opened the public hearing.
John Lyons noted that the graduating classes of 2011 and 2012 need affordable housing. He stated
that adoption of the Housing Element will allow these students to live in the City.
Mayor Kurth closed the public hearing.
In response to Council Member Williams, Mr. Grahn stated that senior housing is included in the
housing needs but is not specifically addressed in the Housing Element.
MOTION: Moved by Michael, seconded by Spagnolo, to adopt Resolution No. 10-163. Motion
carried 4-0.
N2.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES,
AND CHARGES FOR RCMU SOLAR OR WIND GENERATING
CUSTOMERS PURSUANT TO THE REQUIREMENTS AND AUTHORITY
OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE IN ORDER TO BRING SCHEDULE NET ENERGY
METERING INTO COMPLIANCE WITH AB 920
Fred Lyn, Utilities Division Manager, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Lyn indicated that affirmative action of this item would
result in the approval of two additional fees.
Mayor Kurth opened the public hearing.
With no one wishing to address the City Council, Mayor Kurth closed the public hearing.
MOTION: Moved by Williams, seconded by Spagnolo, to adopt Resolution No. 10-164. Motion
carried 4-0.
O. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
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November 3, 2010 -Page 6 of 7
RESOLUTION NO. 10-164
Council Member Spagnolo spoke about the celebration of life that was held today for Army Specialist
Ronnie Joseph Pallares and requested a moment of silence in his memory.
Mayor Pro Tem Michael noted the upcoming Veteran's Day activities at Central Park. He announced
that the planned armed forces memorial will be unveiled on that day. Mayor Pro Tem Michael thanked
the community for supporting Proposition 22, which was crafted to protect local government
revenues. He expressed his gratitude to the voters for supporting his election as Mayor and pledged
his commitment to the community.
Council Member Williams appreciated the voter's support of Proposition 22 as well as their support of
her election to the City Council. She reported that the holiday train will be visiting the City on
December 12, 2010.
Mayor Kurth appreciated that the voters elected to defeat Proposition 19. He congratulated the newly
elected City Council Members and thanked everyone who participated in the election.
02. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Council Member Spagnolo reported that Proposition 19 was defeated and Proposition 22 was
passed. He noted that this mid-term election resulted in the largest shift of power in over half a
century.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
R. ADJOURNMENT
Mayor Kurth adjourned the meeting at 7:59 p.m. in the memory of Army Specialist Ronnie Joseph
Pallares.
Re ectfully submitted,
N~ ~`^'~
D ra L McKay, MMCI
Assistant City Clerk/Records Manager
Approved: November 17, 2010
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