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HomeMy WebLinkAbout2011/03/16 - MinutesMarch 16, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council held a closed session on Wednesday, March 16, 2011, 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 L. Dennis Michael. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem Sam Spagnolo and Chairman/PresidenUMayor L. Dennis Michael. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager and Steven Flower, Assistant City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/PresidenUMayor L. Dennis Michael announced the closed session items: B1. 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 62. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE, IDENTIFIED AS SAN BERNARDINO COUNTY PARCEL NUMBER 0208-153-05-0000; NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO CUCAMONGA; AND BRIAN SMITH, LAMAR ADVERTISING, REGARDING TERMS OF AGREEMENT -RDA 63. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD, IDENTIFIED AS APN 1089-031-35, 1089-031-15 AND 1089-031-16; NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO CUCAMONGA; AND DAVID LINDEN, LEWIS GROUP OF COMPANIES, REGARDING TERMS OF AGREEMENT -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 5:10 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 1 of 9 E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECess The closed session recessed at 6:00 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/PresidenUMayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice ChairmanA/ice PresidenUMayor Pro Tem Sam Spagnolo and Chairman/PresidenUMayor L. Dennis Michael. Also present were: Jack Lam, City Manager; Steven Flower, Assistant City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager; Mark Steuer, Engineering Director; James Troyer, Planning Director; Robert Karatsu, Library Director; Joe Pulcinella, Animal Services Director; Bill Wittkopf, Public Works Director; Acting Police Chief Glenn Grabiec; Jim Frost, City Treasurer; Janice C. Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Administration of Oath of Office to Alfred J. Arguello and Rosemarie P. Brown, newly- appointed Community and Arts Foundation Board Members. Janice Reynolds, City Clerk, administered the Oath of Office to Alfred J. Arguello and Rosemarie P. Brown. H2. Presentation of a Proclamation declaring April as Child Abuse Prevention Month. Mayor Michael presented a proclamation to Diana Bristow, Social Service Practitioner for San Bernardino County, declaring April as Child Abuse Prevention Month. H3. Healthy RC Presentation (Announced at the Meeting) Kristen Compean and Erika Lewis-Huntley from the Healthy RC Program shared with the Council and the audience highlights from Healthy RC Program that are currently being featured on First Lady Michelle Obama's Let's Move! Internet site. I. PUBLIC COMMUNICATIONS Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 2 of 9 11. Rebecca Davies, President of the Library Foundation Board, annouhced the 2011 Library Telethon on March 18 & 19, 2011. 12. Joe Pulcinella, Animal Services Director, announced the Furry Friends Flea Market on April 30, 2011 at Lion's Center West and the 151 Annual Crown Your Pet Activity on April 2, 2011 at Crown Toyota in Ontario. 13. Jerie Lee thanked the Mayor and City Council for last week's special meeting at the Senior Center. On behalf of the Senior Advisory Committee, she outlined upcoming events, including the May 7, 2011 Gala. 14. Janet Walton commented on the history of St. Patrick and offered a prayer for the City Council and the audience. 15. Bill Hanlon offered a video presentation to the City Council and the audience which outlined his concerns with the spending priorities of the City. The presentation noted the need to fund the Reflections Area at Central Park rather than the Animal Care and Services Center, cell phones and large salaries. 16. Jim Moffatt noted the recent competition among local Fire Departments. He indicated that his granddaughter's team was removed from a park last year and requested a review of the Community Services Department. 17. Timothy Walker (7716 Beryl Street) showed a picture of his home after it.was hit by a drunk driver. He expressed concerns with past traffic accidents and the speed of traffic in his neighborhood and submitted a petition containing 41 signatures of residents who shared these concerns. Mr. Walker noted that a traffic study was not necessary and suggested 14 stop signs at 7 locations. In response, Mark Steuer, City Engineer, commented that reflectors had previously been installed and stated that safety, not funding, is the priority of the City. (This speaker card was missed and the comments were heard later in the meeting). 17. John Lyons appreciated the special meeting that was held last week. He noted the proposal to eliminate the Redevelopment Agencies was likely to pass and suggested that an initiative be started to require teachers to fund economic development. Mr. Lyons expressed concerns with the future of the Ontario airport and suggested a joint meeting with the Ontario City Council. 18. Richard Berlo announced the 3r° Annual Car, Truck and Motorcycle Show at Chaffey College on April 10, 2011. He also noted an event on March 17, 2011 with Assembly Member Norma Torres at 5:30 p.m. and the Veteran's Resource Center Open House on March 17, 2011 from 10 a.m. to 2 p.m. 19. Jim Frost announced the Run for the Wall on May 18 - 27, 2011. He also addressed Item M1. (Mandatory Payment for Refuse Collection Services) and did not believe that it was appropriate for the City to provide collection services for another entity. Mr. Frost noted that the placement of liens could be very labor intensive, noted the need for a benefit to the City and stated that the fees should be appropriate. Mr. Frost also referenced a timing issue with the January 1~` deadline. 110. Tony Mize, Community and Arts Foundation Board Member, welcomed the two new members that were appointed to the Foundation and commented on their qualifications. He also thanked the City for participating in the.lnland. Empire Quality of,Life Summit at California State University, San Bernardino (CSUSB). CONSENT CALENDARS: The following items are expected to be routine and non-controversial. They will be acted upon by the Agency/Board/City Council at one time without discussion. Any item may be removed by an Agency/Board/Council Member for discussion. Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 3 of 9 J. CONSENT CALENDAR -REDEVELOPMENT AGENCY J1. Approval of Minutes: March 2, 2011 (Regular Meeting) J2. Approval of Check Register dated February 23, 2011 through March 8, 2011, for the total amount of $2,549,150.94. J3. Approve to receive and file current Investment Schedule as of February 28, 2011. J4. Approval of a Resolution of the Rancho Cucamonga Redevelopment Agency to quitclaim to the City of Rancho Cucamonga all of its right, title and interest to certain real property commonly known as the Municipal Corporate Yard, located at 9153 Ninth Street. RESOLUTION NO. RA 11-004 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE TRANSFER OF ALL EXISTING INTERESTS IN THE PROPERTY COMMONLY KNOWN AS MUNICIPAL CORPORATE YARD J5. Approval to award and authorize the execution of the Professional Services Agreement (CO RA 11-02) for design services for Hellman Avenue and 8th Street traffic signal improvements at the SCRRA at-grade railroad crossing to HDR Engineering, Inc. in an amount of $51,383.37 to be funded from Tax Increment Funds, Account No. 2500801-5650/1553500-0. J6. Approval to accept the Directional Guide Sign Project Contract No. RA 09-016 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $199,167.00. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K1. Approval of Minutes: March 2, 2011 (Regular Meeting) K2. Approval of Check Register dated February 23, 2011 through March 8, 2011 and payroll ending March 8, 2011 for the total amount of $302,166.84. K3. Approval to receive and file current Investment Schedule as of February 28, 2011. MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. L. CONSENT CALENDAR -CITY COUNCIL L1. Approval of Minutes: March 2, 2011 (Regular Meeting) March 7, 2011 (Special Meeting -Senior Advisory Committee) Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 4 of 9 L2. Approval of Check Register dated February 23, 2011 through March 8, 2011 and payroll ending March 11, 2011 for the total amount of $3,893,566.77. L3. Approval to receive and file current Investment Schedule as of February 28, 2011. L4. Receive Community Services Update Report. L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Arrow Route Pavement Rehabilitation from Rochester Avenue to Juneberry Drive, to be funded from Measure I Fund. Account No. 1176303-565011768176-0. RESOLUTION NO. 11-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ARROW ROUTE PAVEMENT REHABILITATION FROM ROCHESTER AVENUE TO JUNEBERRY DRIVE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Approval to declare surplus for City-owned miscellaneous vehicles and equipment, office equipment, and computer equipment (list attached). The items indicated have been deemed no longer needed, obsolete or unusable. L7. Approval of a Request from Run for the Wall for a Waiver of Fees and Charges for Local Events Associated with the 2011 Run. L8. Acceptance by the City of Rancho Cucamonga of the transfer of title from the Redevelopment Agency of certain real property commonly known as the Municipal Corporate Yard, located at 9153 Ninth Street. L9. Approval of a Resolution authorizing the bi-annual routine destruction of City records pursuant to California Government Code Section 34090, the City's Records Retention Schedule and other applicable legal citations. RESOLUTION NO. 11-043 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 L10. Approval of Improvement Agreement Extension for Parcel Map 16981, located 100 feet south of Wilson Avenue, between Hellman Avenue and Cousins Place, submitted by Steven Spies, Peter & Linda Bryan. RESOLUTION NO. 11-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 16981 Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 5 of 9 L11. Accept the bids received and award and authorize the execution of the contract in the amount of $278,907.80, to the lowest responsive bidder, American Asphalt South Inc. (CO 11-024) for the Base Bid and Additive Bid Item No's 1 and 2 of their proposal, and authorize the expenditure of a 10% contingency in the amount of $27,890.78, for the Fiscal Year 2010/2011 Local Street Pavement Rehabilitation (Slurry Seal) at Various Locations and Parking Lot Resurfacing (Seal Coat) at Civic Center North Lot to be funded from Proposition 42 Funds, Account No. 1190303-5650/1022190-0. L12. Approval of Professional Services Agreement with CSD Land Surveying, Inc. (CO 11-025) to provide annual survey services for the remainder of FY 2010/2011, with an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, for proposed capital improvement projects throughout the City as approved in the budget, to be funded from various individual project accounts L13. Accept the bids received and award and authorize the execution of the contract in the amount of $378,320.00, to the lowest responsive bidder, Laird Construction Company Inc. (CO 11-026) and authorize the expenditure of a 10% contingency in the amount of $37,832.00, for the Fiscal Year 2010/2011 Local Street Pavement Rehabilitation -Overlay of Various Streets, project to be funded from Propositions 42 and 18 Funds, Account Nos. 1190303-5650/1022190-0 and 1194303-5650/1022194-0 respectively, and appropriate an additional amount of $193,430.00 to Account No. 1194303-5650/1022194-0 from Proposition 1 B fund balance. L14. Approval to release of Faithful Performance Bond No. 7601548, retained in lieu of Maintenance Guarantee Bond in the amount of $255,554.29, for the Southbound I-15 Onramp Widening at Foothill Boulevard Improvements, Contract No. 08-071. L15. Approval to accept the Highland Avenue Sidewalk Improvements from Rochester Avenue to east of Day Creek Channel, Contract No. 10-062 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $142,054.15. RESOLUTION NO. 11-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE SIDEWALK IMPROVEMENTS FROM ROCHESTER AVENUE TO EAST OF DAY CREEK CHANNEL, CONTRACT NO. 10-062 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL 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. OF THE RANCHO CUCAMONGA MUNICIPAL CODE Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 6 of 9 ORDINANCE NO. 838 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REQUIREMENTS FOR MANDATORY PAYMENT FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL REFUSE COLLECTION SERVICES, INCLUDING EXCEPTIONS, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Linda Ceballos, Environmental Program Manager, presented the staff report. In response to Council Member Buquet, Mrs. Ceballos confirmed that the benefit to this Ordinance was that trash service would continue. Currently, when accounts are stopped, the trash builds up or is dumped illegally in another location. Council Member Buquet noted that he is familiar with these types of programs and indicated that they work well in other cities. Council Member Alexander stated his long-standing concern with the illegal dumping in apartment complexes and commercial trash receptacles and supported this Ordinance. Mayor Michael indicated that the objective in 1992 was for everyone to pay for trash disposal. This Ordinance was drafted to identify a better procedure for delinquent accounts. Mayor Pro Tem Spagnolo inquired if the lien would apply to the property owner, not the tenant. Mrs. Ceballos confirmed that this would be the case. Council Member Williams stated the need for the service to continue in the event of a delinquency. She noted that Burrtec would be doing most of the administrative work. Mayor Michael opened the public hearing. John Lyons inquired about an exemption for farmland. In response, Mayor Michael stated that farmers could apply for a self haul permit. If the property were vacant, there was no need for service. Mr. Lyons hoped that there were hardship exemptions and provisions for seniors. In response, Council Member Williams stated that there was a discount program for senior citizens. Mr. Lyons indicated that he supported the Ordinance. Jim Moffatt did not believe that it was appropriate for the City to serve as a collection agency for another entity, stated that many of the City Council members have accepted campaign contributions from Burrtec and indicated that Burrtec should remove the trash receptacles on delinquent accounts. Mayor Michael closed the public hearing. Council Member Buquet addressed the concerns raised by Mr. Moffatt, noting that when these regulations were approved in 1992, he had believed that they were being enforced. He indicated that the City Council is addressing a health and safety issue and wanted to be sure that the trash is being picked up. Mayor Michael stated that the property owner is responsible for the tenant. This Ordinance is being proposed to make sure that the process is orderly and the trash is being removed. Mike Arreguin, Vice President of Municipal Services, Burrtec Waste Industries, Inc. stated that there was a very good senior discount program but no hardship discounts. He noted that trash is still being produced when an account becomes delinquent. This trash can be stockpiled or illegally disposed of, thus becoming a health and safety issue. In response to Council Member Williams, Mr. Arreguin addressed the noticing process. After the past due notice, a second notice is sent to the tenant with a copy to the property owner. With the lien process, a notice of the public hearing would be sent to the property owner, who could then address the City Council on his/her specific circumstances.. Mr. Arreguin stated that Burrtec works with customers to resolve delinquent accounts and noted that the lien would be the last resort. Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 7 of 9 In response to Council Member Buquet, Mr. Arreguin stated that the bills are sent out in advance and become delinquent in 60 days for residential customers and 30 days for commercial customers. Mr. Arreguin noted that Burrtec would provide the majority of the work for this process. The City staff would prepare the staff report for the public hearing. Council Member Williams noted that the bill can automatically be deducted from a customer's checking account and suggested that Burrtec expand upon this feature in their newsletters. Mr. Arreguin indicated that this could be done for both their auto pay and online payment features. MOTION: Moved by Alexander, seconded by Williams, to take up Ordinance No. 838 for first reading and set second reading for April 6, 2011. Motion carried 5-0. M2. CONSIDERATION OF AN ORDINANCE ADOPTING REGULATIONS PROHIBITING MOBILE BILLBOARD ADVERTISING DISPLAYS. AND AMENDING TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ORDINANCE NO. 839 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PROHIBITING MOBILE BILLBOARD ADVERTISING DISPLAYS, AND AMENDING TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE James Troyer, Planning Director, presented the staff report. Mayor Michael opened the public hearing. In response to Council Member Buquet, Mr. Troyer confirmed that there is an outgoing problem with mobile billboard advertising in the public right-of-way. Steven Flower, Assistant City Attorney, confirmed that this Ordinance would tighten up the regulations. In response to Council Member Spagnolo, Mr. Flower stated that mobile billboard trailers parked in the public right-of-way could be towed with the adoption of this Ordinance. Mayor Michael opened the public hearing. John Lyons noted that he has camper shells on his vehicles and inquired if this would be considered a mobile billboard. In response, Mr. Flower noted that the regulations only apply to signs towed or attached to a vehicle. Mayor Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Spagnolo, to take up Ordinance No. 839 for first reading and set second reading for April 6, 2011. Motion carried 5-0. N. CITY MANAGERS STAFF REPORTS The following items have no legal publication or posting requirements. N1. OVERVIEW OF THE VALUE OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY (PowerPoint Presentation) Linda Daniels, Deputy City Manager, presented the staff report. Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 8 of 9 Council Member Williams expressed amazement that people do not believe that the Redevelopment Agencies create jobs. Mayor Michael thanked Mrs. Daniels for this presentation and inquired on the impact to these programs if the Governor's proposal to eliminate Redevelopment Agencies is approved. In response, Mrs. Daniels confirmed that the Agency would not be able to provide any of these services to the community. 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 Council Member.) Mayor Pro Tem Spagnolo noted grand opening ceremonies at San Sevaine Villas and the MetLife corporate office and pointed out the importance of attracting business to the City. His thoughts were with the people of Japan and he stressed the importance of disaster preparedness. Council Member Buquet appreciated the presentation on Redevelopment and thanked Jerie Lee for her letter to the editor. He reminded the audience of the upcoming Crown Your Pet Contest and Adoption Day on April 2, 2011 at Crown Toyota. Council Member Williams announced the Cucamonga Challenge on May 7, 2011. Also, she reported that the Rotary Club will be holding a triathlon at Chaffey College on April 2, 2011. Mayor Michael commented on the presentation made during Public Communications and noted that the City has been very efficient and frugal with its resources as a result of the recession. The City Council made the decision to engage the community's participation in the funding of the Freedom Courtyard and fundraising efforts are underway. Mayor Michael noted that this Country has a long history of community participation in such memorials and pointed out that work is ongoing with veteran's groups and civic-minded organizations and individuals in order to create an outstanding memorial at Central Park. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Q. ADJOURNMENT Maybr Michael adjourned the meeting at 9:44 p.m. after a moment of silence for the people who lost their lives and those suffering in Japan. Respectfully submitted, I ~,. Deb a L. McKay, MM Assis t City Clerk/Records Manager Approved: April 6, 2011 Redevelopment Agency, Fire Protection District, City Council Minutes March 16, 2011 -Page 9 of 9