HomeMy WebLinkAbout2011/06/01 - MinutesJune 1, 2011
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, June 1, 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 5:00 p.m. by
Chairman/Mayor L. Dennis Michael.
Present were Agency/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice
ChairmanlMayor Pro Tem Sam Spagnolo and Chairman/Mayor L. Dennis Michael.
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
Chairman/Mayor L. Dennis Michael announced the closed session items:
D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED BETWEEN VICTORIA STREET AND BASE LINE
ROAD ON THE EAST SIDE OF ETIWANDA AVENUE; IDENTIFIED AS APN 0227-121-18;
NEGOTIATING PARTY: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR ECONOMIC
AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO CUCAMONGA -RDA
D2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION FOR
GOVERNMENT CODE SECTION 54956.9(A) -CITY OF RANCHO CUCAMONGA V.
VERIZON, Matter Number 11231-0135 -CITY
D3. 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 0208153050000; 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
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 5:00 p.m.
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 1 of 13
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESs
The closed session recessed at 6:35 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. ChairmanlPresidenVMayor L. Dennis Michael called the meeting to
order at 7:00 p.m.
Present were Agency MemberslBoard MemberslCouncil Members: Bill Alexander, Chuck Buquet,
Diane Williams, Vice ChairmanNice President/Mayor Pro Tem Sam Spagnolo and
Chairman/President/Mayor L. Dennis Michael.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant
City Manager; Linda Daniels, Deputy City Manager; Kevin McArdle, Community Services Director;
James Troyer, Planning Director; Mark Steuer, Director of Engineering Services; Bill Wittkopf, Public
Works Director; Robert Karatsu, Library Director; Police Chief Joe Cusimano; Jim Frost, City
Treasurer; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City
Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Announcement of upcoming 4~" of July fireworks activities in the City of Rancho
Cucamonga.
Daniel Schneider, Community Services Department Supervisor and Kelley Donaldson, Public
Education Specialist for the Fire Protection District announced the upcoming July 4, 2011 activities in
the City of Rancho Cucamonga and reminded the public that fireworks were not permitted in the City.
H2. Rancho Cucamonga City Council recognition of 2011 Crossing Guard of the Year.
Mayor Michael presented a proclamation to Carlos Zaldana for being named the 2011 Crossing
Guard of the Year.
H3. Presentation of Certificates of Recognition to Jack and Dolores Morgan and Lito Huang on
receiving the 2011 California Park and Recreation Society (CPRS) District XI Layman's
Award.
Mayor Michael presented certificates of recognition to Jack and Dolores Morgan and Lito Huang on
receiving the 2011 California Park and Recreation Society District XI Layman's Award.
I. PUBLIC COMMUNICATIONS
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 2 of 13
11. Pat and Ric Morris presented information on the Rising Star Equestrian Therapy Club and
planned summer activities.
12. Ed Dietl noted that a historical preservation ordinance is being developed and was concerned
that the penalties were removed from the document. He provided pictures of several historical
properties and indicated that demolition by neglect needed to be addressed.
13. John Lyons spoke about his family's Memorial Day activities. He referenced an article in the
newspaper regarding the Sheriffs Department and the ongoing discussions with the County
regarding benefits. He expressed the need for a mutually acceptable compromise.
14. Luana Hernandez reported that the trees were cut down on Hellman Avenue between Foothill
Boulevard and San Bernardino Road. She had contacted the City but had not received any
information on whether there was a replacement schedule.
15. Bill Hanlon noted that there were several civic leaders who should be commended for their
contributions. He commented on Jim Frost's involvement with the Run for the Wall event, which
starts in Rancho Cucamonga and ends in Washington, DC. Also, Mr. Hanlon noted that the people
who founded the Veterans without Families and who were involved in the Patriotic Guard Riders
are Rancho Cucamonga residents. He thanked the sponsors of the upcoming July 4th Fireworks
Spectacular. Mr. Hanlon appreciated the Memorial Day celebrations held by other cities and
indicated that a Memorial Day event should be held in Rancho Cucamonga.
I6. Jim Moffatt concurred with the need for a Memorial Day celebration. He noted that the City
does not honor military personnel who are killed in action. Mr. Moffatt stressed the need to
recognize and honor the members of the armed forces.
17. Jim Frost presented pictures, newspaper articles and souvenirs from the recent Run for the
Wall event. He presented plaques of appreciation to the Police Department, the Community
Services Department and the City and thanked them for their support.
18. Jerie Lee invited the City Council and the audience to a fundraiser on June 25, 2011 from 8:00
a.m. to 10:00 a.m. at Applebee's. The funds raised will benefit senior transportation.
Ig. Raymond Herrera expressed a concern with billboard signs written in Spanish. He provided a
picture of a billboard in the City and urged the City Council to remove these signs.
110. Robin Hvidston reported that the billboard is located at 833 Foothill Boulevard, across the
street from the Sycamore Inn. She encouraged the community to call Crown Imports and request
that the billboard be displayed in English.
111. Bill Kezar stressed that English was the official language of the United States of America. A
common language brings everyone together. Something must be done to address the language
printed on the billboard sign.
112. Victor Muniz addressed Item 02 (Initiation of Proceedings for the Formation of LMD 2-R). He
had attended a community meeting and expressed concerns that documentation was not
distributed, the absence of the City Council members and the need for an increased assessment.
Mr. Muniz noted that there was a stated shortfall of $200,000 and wondered why the reserve could
not cover that amount. He suggested that the matter be rejected by the City Council and returned
back to the appropriate Department so that other alternatives could be explored.
CONSENT CALENDARS:
The following items are expected to 6e 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
June 1, 2011 -Page 3 of 13
J. CONSENT CALENDAR -REDEVELOPMENT AGENCY
J1. Approval of Minutes: May 18, 2011 (Regular Meeting)
J2. Approval of Check Register dated May 11 through May 24, 2011, for the total amount of
$1,513,941.09.
J3. Approval of a Professional Services Agreement with Dale A. Frisby, of Rancho Cucamonga,
(RDA 11-008 I CO 11-067); for construction management services for the new Public Works
Services Building and new Household Hazardous Waste (HHW) facility in an amount not to
exceed $300,000, and funded from Accounts 2660801-5650/1650660-0 (2004 Tax
Allocation Bonds) and 1188313-565011525188-0 (Integrated Waste Management) and
1025001-S650I1650025-0 (Capital Reserve); and approve an increase to Contract No. 10-
004 with Pitassi Architects, Inc. in the amount of $196,185 ($178,350 base plus a 10%
contingency of $17,835), and authorize the Public Works Services Director to approve the
contract amendment, to provide construction administration, design development, and
related construction documents and services for the construction of the new HHW facility to
be located at the Public Works site, to be funded from Integrated Waste Management funds,
Account No. 1188313-5650/1525188-0.
J4. Approval to accept the bids received, award and authorize the execution of a contract in the
amount of $10,802,000 to the apparent low bidder, Oakview Constructors, Inc. of Calimesa,
(RDA 11-009 I CO 11-068), and authorize the expenditure of a 10% contingency in the
amount of $1,080,200 for the City Yard Expansion and Household Hazardous Waste
Project, to be funded from Integrated Waste Management, 2004 Tax Allocation Bonds and
Capital Reserve Funds, Account Nos. 1188313-5650/1525188-0, 2660801-5650/1650660-0
and 1025001-5650/1650025-0 respectively, and appropriate additional amounts of
$3,000,000 from 2004 Tax Allocation Bonds Bund Balance to Account No. 2660801-
5650/1650660-0 and $152,000 from Integrated Waste Management Fund Balance to
1188313-5650/ 1525188-0.
J5. Approval to accept the bids received, award and authorize the execution of a contract in the
amount of $68,000 to the apparent low bidder, Torga Electric, of San Bernardino (RDA 11-
010 / (CO 11-069), and authorize the expenditure of a 10% contingency in the amount of
$6,800 for the "Fleet Shop CNG Modification," to be funded from Capital Reserve Fund,
Account No. 1 0 250 01-5650/1 541 025-0 ($44,880) and 2004 Tax Allocation Bonds Fund,
Account No. 2660801-5650/1541660-0 ($29,920).
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: May 18, 2011 (Regular Meeting)
K2. Approval of Check Register dated May 11 through May 24, 2011, for the total amount of
$217,900.30.
K3. Approval to award the purchase of four (4) Ford Escape Hybrid staff vehicles, as budgeted,
for the Fire District, from Raceway Ford of Riverside, California, in the amount of
$125,061.41, per RFB #1 011 1-0 1 8, $62,530.71 from Fund 1105208-5604 (Capital Outlay-
Vehicles) and $62,530.70 from Fund 3289501-5604 (Capital Outlay-Vehicles).
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 4 of 13
K4. Approval of a Resolution authorizing an Amendment to the Contract between the Board of
Administration of the California Public Employees' Retirement System and the Board of
Directors of the Rancho Cucamonga Fire Protection District.
RESOLUTION NO. FD 11-015
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF
DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT
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: May 18, 2011 (Regular Meeting)
L2. Approval of Check Register dated May 11 through May 24, 2011, and payroll ending May
24, 2011, for the total amount of $3,375,699.43.
L3. Approval of corrections to Amended Fiscal Year 2010/11 appropriations.
L4. Approval to appropriate $27,150.00 to Account No. 1126303-5650/1026126-0 from Fund
126 Lower Etiwanda Drainage and authorization to return to Northtown Housing
Development Corporation impact fees for work completed of Master Plan Drainage Facility.
L5. Approval to award the purchase of four (4) Ford Escape Hybrid staff vehicles, as budgeted,
for the Fire District, from Raceway Ford of Riverside, California, in the amount of
$125,061.41, per RFB #10/11-018, $62,530.71 from Fund 1105208-5604 (Capital Outlay-
Vehicles) and $62,530.70 from Fund 3289501-5604 (Capital Outlay-Vehicles).
L6. Approval to appropriate $10,192.00 out of State Asset Seizure Fund balance into Account
Number 1195701-5200 to purchase handheld radio micro earpieces.
L7. Approval to execute a Professional Services Agreement with RBF Consulting (CO 11-064)
for an additional amount not to exceed $54,439 for services related to a previously approved
contract (CO 05-510 and CO 08-116) for the preparation of an Environmental Impact Report
(DRC2004-01048) for the proposed Carrari Ranch project located in the Sphere of Influence,
to be funded from the developer deposit through Acct. No. 1001314-5303.
L8. Approval and execution of Agreement for Dedication of Property and Vacation of Highway
Easement (CO 11-065) located at 9309 8'h Street in the City of Rancho Cucamonga, County
of San Bernardino, State of California, and identified as San Bernardino County Assessor's
Parcel Number 209-171-26 for the Hellman Avenue Storm Drain and Street Improvements
from north of 8`h Street to Cucamonga Creek Channel.
L9. Approval and execution of Agreement for Dedication of an Easement (CO 11-066) for
streets, highways and related purposes located at 9325 8`h Street in the City of Rancho
Cucamonga, County of San Bernardino, State of California, and identified as San
Bernardino County Assessor's Parcel Number 209-171-35 for the Hellman Avenue Storm
Drain and Street Improvements from north of 8`" Street to Cucamonga Creek Channel.
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 5 of 13
L10. CONSIDERATION OF THE COUNTY OF SAN BERNARDINO HOME CONSORTIUM
COOPERATION AGREEMENT - DRC2011-00302 -CITY OF RANCHO CUCAMONGA -
Approval of a 3-year Cooperation Agreement (CO 11-049) with the County of San
Bernardino Department of Community Development and Housing for participation in the
County HOME Consortium.
RESOLUTION NO. 11-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AND ADOPTING A 3-YEAR
COOPERATION AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO FOR THE PURPOSE OF BEING A CONSORTIUM
MEMBER OF THE COUNTY HOME INVESTMENT PARTNERSHIPS
PROGRAM
L11. Approval of a Professional Services Agreement with Dale A. Frisby, of Rancho Cucamonga,
(CO 11-067 I RA 11-008) for construction management services for the new Public Works
Services Building and new Household Hazardous Waste (HHW) facility in an amount not to
exceed $300,000, and funded from Accounts 2660801-5650/1650660-0 (2004 Tax
Allocation Bonds) and 1188313-5650/1525188-0 (Integrated Waste Management) and
1025001-5650/1650025-0 (Capital Reserve); and approve an increase to Contract No. 10-
004 with Pitassi Architects, Inc. in the amount of $196,185 ($178,350 base plus a 10%
contingency of $17,835), and authorize the Public Works Services Director to approve the
contract amendment, to provide construction administration, design development, and
related construction documents and services for the construction of the new HHW facility to
be located at the Public Works site, to be funded from Integrated Waste Management funds,
Account No. 1 1 8831 3-56 50/1 52 51 88-0.
L12. Approval to accept the bids received, award and authorize the execution of a contract in the
amount of $10,802,000 to the apparent low bidder, Oakview Constructors, Inc. of Calimesa,
(CO 11-068 I RDA 11-009), and authorize the expenditure of a 10% contingency in the
amount of $1,080,200 for the City Yard Expansion and Household Hazardous Waste
Project, to be funded from Integrated Waste Management, 2004 Tax Allocation Bonds and
Capital Reserve Funds, Account Nos. 1 1 8831 3-56 50/1 5251 88-0, 2660801-5650/1650660-0
and 1025001-5650/1650025-0 respectively, and appropriate additional amounts of
$3,000,000 from 2004 Tax Allocation Bonds Bund Balance to Account No. 2660801-
5650/1650660-0 and $152,000 from Integrated Waste Management Fund Balance to
1188313-5650/1525188-0.
L13. Approval to accept the bids received, award and authorize the execution of a contract in the
amount of $68,000 to the apparent low bidder, Torga Electric, of San Bernardino (CO 11-069
/ RA 11-010), and authorize the expenditure of a 10% contingency in the amount of $6,800
for the "Fleet Shop CNG Modification," to be funded from Capital Reserve Fund, Account
No. 1025001-5650/1541025-0 ($44,880) and 2004 Tax Allocation Bonds Fund, Account No.
2660801-5650/1541660-0($29,920).
L14. Approval of Parcel Map 19247, located at 7089 Etiwanda Avenue, south of Victoria Street,
submitted by San Bernardino County Transportation Authority. Removed from the Agenda.
RESOLUTION NO. 11-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 19247
L15. Approval to accept Improvements, release the Faithful Performance Bond, accept a
Maintenance Bond, and file a Notice of Completion for improvements for DRC2006-00580,
located on the southeast corner of Etiwanda Avenue and Arrow Route, submitted by Smash,
LLC.
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 6 of 13
RESOLUTION NO. 11-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2006-00580 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L16. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 17594,
located on the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by F
& F, LLC.
RESOLUTION NO. 11-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 17594 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L17. Approval to release Maintenance Guarantee Bond No. 729528P, in the amount of
$6,462.30, for the Beryl Street Community Trail from Banyan Street to Wilson Avenue
improvements, Contract No. 09-082.
Jack Lam, City Manager requested that Item L14 be removed from the agenda.
MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the
remaining staff reports. Motion carried 5-0.
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. APPROVAL OF SECOND READING OF AN ORDINANCE AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF RANCHO CUCAMONGA
ORDINANCE NO. 842 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 7 of 13
M2. APPROVAL OF SECOND READING OF ORDINANCE FOR DEVELOPMENT CODE
AMENDMENT DRC2010-00946 - A proposed amendment to the Development Code,
amending Sections 17.02 (Administration), 17.04 (Permits), 17.10 (Commercial/Office
Districts), and 17.32 (Foothill Boulevard Districts) to add a definition for Farmers' Markets, to
amend the Commercial/Office District and Foothill Boulevard Districts Use Regulations
tables, and define the permitting requirements for Farmers' Markets. Staff has determined
that the project is exempt from the requirements of the California Environmental Quality Act
(CEQA) Section 15061(b)(3) and 15304(e). Related Files: DRC2011-00291 and DRC2011-
00292.
APPROVAL OF SECOND READING OF ORDINANCE FOR VICTORIA GARDENS
MASTER PLAN AMENDMENT DRC2011-00291 - A proposed amendment to the Victoria
Gardens Master Plan, amending Section 4.3 regarding the requirements for Farmers'
Markets. Staff has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related
Files: DRC2010-00946 and DRC2011-00292.
APPROVAL OF SECOND READING OF ORDINANCE FOR TERRA VISTA COMMUNITY
PLAN AMENDMENT DRC2011-00292 - A proposed amendment to the Terra Vista
Community Plan, amending Chapter V (Community Development Standards) regarding the
requirements for Farmers' Markets. Staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) Sections 15061(b)(3) and
15304(e). Related Files: DRC2010-00946 and DRC2011-00291.
ORDINANCE NO. 843 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2010-00946, A REQUEST TO AMEND SECTIONS
17.02 (ADMINISTRATION), 17.04 (PERMITS), 17.10
(COMMERCIAUOFFICE DISTRICTS), AND 17.32 (FOOTHILL
BOULEVARD DISTRICTS) TO REGULATE CERTIFIED FARMERS'
MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF
ORDINANCE NO. 844 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS
MASTER PLAN AMENDMENT DRC2011-00291 MODIFYING THE
MASTER PLAN SECTION 4.3 REGARDING THE REQUIREMENTS FOR
CERTIFIED FARMERS' MARKETS, GENERALLY BOUNDED BY
CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE
SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE
WEST; AND MAKING FINDINGS IN SUPPORT THEREOF
ORDINANCE NO. 845 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA
COMMUNITY PLAN AMENDMENT DRC2011-00292 MODIFYING THE
COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT
STANDARDS) REGARDING THE REQUIREMENTS FOR CERTIFIED
FARMERS' MARKETS, GENERALLY BOUNDED BY BASE LINE ROAD
TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH,
ROCHESTER AVENUE TO THE EAST, AND HAVEN AVENUE TO THE
WEST: AND MAKING FINDINGS IN SUPPORT THEREOF
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 8 of 13
M3. APPROVAL OF SECOND READING OF ORDINANCE FOR DEVELOPMENT CODE
AMENDMENT DRC2009-00414 - A proposed amendment to the Development Code
amending Sections 17.02 (Administration), and 17.08 (Residential Districts), to add a
definition and standards for Community Gardens. Staff has determined that the project is
exempt from the requirements of the California Environmental Quality Act (CEQA) Section
15061(b)(3).
ORDINANCE NO. 846 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT
DRC2009-00414, A REQUEST TO AMEND SECTIONS 17.02
(ADMINISTRATION) AND SECTIONS 17.08 (RESIDENTIAL
DISTRICTS), TO REGULATE COMMUNITY GARDENS; AND MAKING
FINDINGS IN SUPPORT THEREOF
M4. APPROVAL OF SECOND READING OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 85-1
ORDINANCE NO. FD 51 (second reading)
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES
DISTRICT
The Assistant City Clerk/Records Manager read the Titles of Ordinance Nos. 842, 843, 844, 845, 846
and FD-51.
MOTION: Moved by Spagnolo, seconded by Alexander, to approve Ordinance Nos. 842, 843, 844,
845, 846 and FD-51 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. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL
ACTION PLAN - DRC2011-00385 -CITY OF RANCHO CUCAMONGA - A review of the
Federally required 2011-2012 Annual Action Plan, which includes the selection of CDBG
funded activities, based on an estimated grant allocation of $918,593.
(CONTINUED FROM MAY 4, 2011)
Tom Grahn, Associate Planner, presented the staff report.
In response to Council Member Williams, Mr. Grahn noted that several additional applications for
funding were received, as outlined in the staff report. He noted that he states to these applicants that
there is no additional funding and that it is unlikely that their request for funding will be supported.
Redevelopment Agency, Fire Protection District, City Council Minutes
June 1, 2011 -Page 9 of 13
In response to Mayor Michael, Mr. Grahn addressed the agencies who received funding. As the
funding for senior transportation was not reduced further, the funding for the other programs was
affected. Mr. Grahn noted that the Department Managers were contacted regarding the funding
limitations.
Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the
public hearing.
MOTION: Moved by Williams, seconded by Spagnolo, to approve the recommendation in the staff
report. Motion carried 5-0.
N2. DEVELOPMENT CODE AMENDMENT DRC2010-00724- CITY OF RANCHO
CUCAMONGA - A request to amend Section 17.08.90.0.16 (Single-Family Development) by
adding a general design guideline for single-story homes in new single-family developments
within the Residential Development Districts. The project qualifies under State CEQA
Guideline Section 15061(b)(3) because the proposed amendment is to add a design
guideline and will not result in an intensification of environmental impacts.
ORDINANCE NO. 847 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT
DRC2010-00724, TO ADD A DESIGN GUIDELINE OF REQUIRING A 25
PERCENT SINGLE-STORY HOME SET-ASIDE FOR NEW SINGLE-
FAMILY DEVELOPMENTS OF 4 UNITS OR MORE BY ADDING
SUBSECTION (p) OF SECTION 17.08.090.0.16 (SINGLE-FAMILY
DEVELOPMENT) OF CHAPTER 17.08 (RESIDENTIAL DISTRICTS) OF
TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA
MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF
Candyce Burnett, Senior Planner, presented the staff report.
In response to Mayor Michael, the Senior Planner addressed the language in the Ordinance, which
allows flexibility and encourages more single family single story residences.
Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the
public hearing.
Council Member Buquet inquired if there would be flexibility in lot configurations. In response, Ms.
Burnett indicated that the development code allows for creative standards and provides flexibility.
Mayor Michael noted the Council's desire to encourage more single story homes for our elderly
community.
The Assistant City Clerk/Records Manager read the Title of Ordinance No. 847.
MOTION: Moved by Buquet, seconded by Williams, to adopt Ordinance No. 847 for first reading and
set second reading for June 15, 2011. Motion carried 5-0.
O. CITY MANAGER'S STAFF REPORTS
CITY COUNCIL
The following items have no legal publication or posting requirements.
01. PRESENTATION BY THE INLAND EMPIRE UTILITIES AGENCY REGARDING "SELF-
REGENERATING WATER SOFTENER CONTROL PROGRAM." (PowerPoint
Presentation)
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June 1, 2011 -Page 10 of 13
Martha Davis, Executive Manager of Policy Development from the Inland Empire Utilities Agency,
made a presentation on the Self Regenerating Water Softener Control Program.
02. APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION
OF LANDSCAPE MAINTENANCE DISTRICT NO. 2-R TO REPLACE LANDSCAPE
MAINTENANCE DISTRICT NO. 2; 2) THE LEVY OF ANNUAL ASSESSMENTS: 3)
PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT; 4) A RESOLUTION
PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS: AND 5) SETTING A TIME AND
PLACE FORA PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT
BALLOT PROCEDURES
RESOLUTION NO. 11-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE
KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE
DISTRICT NO. 2-R, TO REPLACE LANDSCAPE MAINTENANCE
DISTRICT NO. 2, THE LEVY OF ANNUAL ASSESSMENTS THEREIN
AND ORDERING THE PREPARATION OF AN ASSESSMENT
ENGINEER'S REPORT
RESOLUTION NO. 11-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT
ENGINEER'S REPORT, DECLARING ITS INTENTION TO FORM
LANDSCAPE MAINTENANCE DISTRICT NO. 2-R AND TO PROVIDE
FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN
SAID DISTRICT, SETTING A TIME AND PLACE FORA PUBLIC
HEARING THEREON AND ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES
John Gillison, Assistant City Manager, presented the staff report
In response to Mayor Michael, Mr. Gillison addressed the proposed assessments in the various
categories. Council Member Williams noted that while the assessment far commercial and industrial
uses is proposed to be lower, there is a substantial proposed increase to some of the other
categories. Mr. Gillison noted that all properties will be charged, including the schools and the fire
station.
James Markman, City Attorney, addressed the concept behind forming landscape maintenance
districts and the requirements of Proposition 218. The initiation of the Proposition 218 proceeding
requires that the proposed assessments be examined very carefully to address the special benefit
provided to each parcel and the appropriate proposed assessment.
Mr. Markman indicated that a single question needs to be listed on the ballot. There is not a choice to
display multiple options. He noted that the action tonight would be to initiate the process, to authorize
the distribution of the ballots and to set the public hearing date. The City can not spend any money
nor speak in support or opposition of this matter.
In response to Council Member Williams, Mr. Gillison confirmed that the materials clearly state that
the proposed 2.5% escalator is a cap and would not automatically be used each year. Mr. Gillison
noted that this district has a number of areas that are hooked up to recycled water.
Council Member Buquet noted that the City is doing what it needs to in order to comply with the law.
He remembered with the district was formed and the intent was for each district to be self-supporting
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June 1, 2011 -Page 11 of 13
and for new development to pay its own way. Council Member Buquet noted that this district
possesses a good infrastructure and equipment and does not have near the challenges as other
districts.
Mr. Gillison reported that the proposed increase is approximately 9% as compared with the 40%
increase in the CPI over that time. Regarding the concern that the City would spend all of the funds
generated each year, Mr. Gillison suggested that community look at the historic data.
In response to Mayor Michael, Mr. Gillison indicated that this is the fourth district to go through this
process and expected that there would be a few others in the future. There is a lot of information
available to the community on the City's Internet site at www.CityofRC.us. The ballot will include a
proposed "A" level of service and contain a capped CPI escalator of 2.5%.
Council Member Alexander noted that he has visited this area and indicated that there are high profile
areas in which the landscaping has been neglected. He noted that the community is frustrated with
the need to consider a higher assessment while trying to survive in this bad economy. He recognized
the need for the process but was concerned with the outcome.
Council Member Buquet stated that the property owners will have the choice and noted that the
matter is very clear. Either people will choose to support a higher assessment to maintain an "A" level
of service or the assessment will remain the same at a lower level of service.
Mayor Michael recognized that everyone is going through very tough times. It would not be right to let
the landscaping deteriorate without taking the matter back to the property owners for a vote.
MOTION: Moved by Spagnolo, seconded by Alexander, to adopt Resolution Nos. 11-074 and 11-
075. 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 Council
Member.)
Mayor Michael reported the Freedom's Court Yard Day activities, which will be held on June 4, 2011
from noon to 4:00 p.m. He indicated that all of the City Council members would be attending.
P2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
James Markman, City Attorney, referenced the concerns raised about billboards in the City. He noted
that the case law was very clear about the City's inability to regulate free speech.
Mayor Pro Tem Spagnolo reported on Governor Brown's May budget and the proposal to eliminate
Redevelopment Agencies and support tax increases. He noted that the May revision also reflects cuts
to State parks.
Mayor Pro Tem Spagnolo reported that there is growing support in the Assembly for AB 1250, which
preserves redevelopment. He thanked Mayor Michael for the article in the Daily Bulletin over the
weekend.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
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June 1, 2011 -Page 12 of 13
R. ADJOURNMENT
Mayor Michael adjourned the meeting at 9:44 p.m.
Resq tfully s7uNbq^/mit'~t~ed(,/
De ra L. McKay, MME
Ass tant City Clerk/Records Manager
Approved: June 15, 2011
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June 1, 2011 -Page 13 of 13