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HomeMy WebLinkAbout2011/08/03 - MinutesAugust 3, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, August.3, 2011, in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:06 p.m. by Chairman L. Dennis Michael. Present were Agency Members/Council Members: BiII Alexander, Chuck Buquet, Mayor Pro Tem/Vice Chairman Sam Spagnolo and Mayor/Chairman L. Dennis Michael. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Kevin McArdle, Community Services Director; Bill Wittkopf, Public Works Services Director; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S The following closed session items are being considered: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: KEVIN MCARDLE, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA; AND BOBBY BRETT, RANCHO BASEBALL, LLC, REGARDING POTENTIAL LEASE EXTENSION -City D2. 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 D3. CONFERENCE WITH LEGAL COUNSEL REGARDING PUBLIC EMPLOYEE DISCIPLINE/RELEASE PER GOVERNMENT CODE SECTION 54957. D4. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PER GOVERNMENT CODE SECTION 54956.9(b) -ONE CASE. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No persons were present wishing to speak. D. RECESS The closed session recessed at 5:07 p.m. to the Tapia Room. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 1 of 9 E. CONDUCT OF CLOSED SESSION - TAPIA ROOM Closed session began at 5:10 p.m. Present were Agency Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro TemlVice Chair Sam Spagnolo and Mayor/Chairman L. Dennis Michael. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Assistant City Manager; Kevin McArdle, Community Services Director; Bill Wittkopf, Public Works Services Director and Mike Bell, Fire Chief. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session recessed at 6:45 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 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 PresidentlMayor Pro Tem Sam Spagnolo and ChairmanlPresident/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager; Trang Huynh, Building and Safety Services Director; Kevin McArdle, Community Services Director; Bill Wittkopf, Public Works Director; Mark Steuer, Director of Engineering Services; Joe Pulcinella, Animal Services Director; Police Chief Joe Cusimano; Robert Karatsu, Library Director; Fire Chief Mike Bell; Debra McKay, Records ManagerlAssistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation to Joe Cusimano for his years of service as Captain, Rancho Cucamonga Police Department. Mayor Michael presented a proclamation to Joe Cusimano in appreciation of his years of service to the City of Rancho Cucamonga. H2. Announcement of Hula Hounds Adoption Promotions Joe Pulcinella, Animal Services Director, announced the Hula Hounds Adoption promotion. H3. Recap of First Fire District Junior Firefighter Academy. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 2 of 9 Kelley Donaldson, Public Education Specialist, provided information on the first Fire District Junior Firefighter Academy. I. PUBLIC COMMUNICATIONS 11. Alana Rivadeneyra, Energy Efficiency Coordinator, announced the City's Home Energy Makeover Contest. 12. Jerie Lee invited the Council and the audience to the VIP Club meeting on August 4, 2011 at 9:00 a.m. at the James L. Brulte Senior Center. She indicated that Assemblyman Mike Morrell will give a legislative update at the meeting. 13. Bill Hanlon spoke about his requests for records and information relating to the Freedom Courtyard project. He noted that the cost estimates have increased but indicated that there is no budget nor plans and specifications for the project. Mr. Hanlon indicated that the cost for flag poles has increased. He noted that a ribbon cutting ceremony should be held on November 11, 2011 at 11:11 a.m. in order to show our children the real meaning of patriotism. 14. Paul Segalla indicated that his son participated in the Fire District Junior Firefighter Academy and commended the Council for offering such a valuable program. 15. Ed Dietl reported on the successful car show that was held at the Magic Lamp Inn last weekend in support of historic preservation activities. He requested Council assistance in saving the historic gas station. I6. Raymond Herrera noted that the billboard signs written in Spanish have been taken down. He spoke about the need to implement e-verify in the City in order to prevent illegal aliens from working. 17. Robin Hvidston provided a picture of the billboard that was taken down and the billboard that replaced it. Also, she spoke about a memorial that was held for border patrol agents who were killed in the line of duty. Lastly, Ms. Hvidston noted that there was an article in the Victor Valley newspaper regarding Mr. Herrera. 18. John Lyons explained to Mr. Hanlon the goal to construct a fitting tribute to the armed forces at Freedom Courtyard. He expressed a concern that CalTrans has placed a "No right hand turn on red" sign on the off ramp at the eastbound freeway at Millikan Avenue. Mr. Lyons noted that this sign will encourage drivers to use the freeway to avoid waiting for the green light. Mr. Lyons addressed the start of schools next week and noted that this is too early and will affect the City's sales tax base. Lastly, he commended the Fire District for their work on the new weed abatement program. 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. J. CONSENT CALENDAR -REDEVELOPMENT AGENCY J1. Approval of Minutes: July 20, 2011 (Regular Meeting) J2. Approval of Check Register dated July 13 through July 26, 2011, for the total amount of $148,127.00. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 3 of 9 J3. Approval of Cooperative Agreement (RA 11-013) between the City of Fontana and the City of Rancho Cucamonga for reimbursement of costs for certain improvements associated with the East Avenue Master Plan Storm Drain Line 8 Project and authorize the Chairman to sign said Cooperative Agreement. 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: July 20, 2011 (Regular Meeting) K2. Approval of Check Register dated July 13 through July 26, 2011, for the total amount of $217,178.63. MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. L. CONSENT CALENDAR -CITY COUNCIL L1. Approval of Minutes: July 20, 2011 (Regular Meeting) L2. Approval of Check Register dated July 13 through July 26, 2011, and payroll ending July 26, 2011, for the total amount of $5,015,981.46. L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2011112 Local Street Pavement Rehabilitation -Overlay of Various Streets, to be funded from Gas Tax RT 7360, Account No. 1 1 74303 5650/1 0221 74-0 for construction of said project. RESOLUTION NO. 11-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2011112 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2011/12 Local Street Pavement Rehabilitation -Slurry Seal of Various Streets, to be funded from Gas Tax RT 7360, Account No. 1 1 7430 3 5650/1 0 221 74-0 for construction of said project. RESOLUTION NO. 11-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2011/12 LOCAL STREET PAVEMENT REHABILITATION -SLURRY SEAL OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 4 of 9 L5. Approval of an Amended and Restated Joint Use Agreement (CO 11-114) by and between the City of Rancho Cucamonga and the Chaffey Joint Union High School District relating to Community Services activities. L6. Approval to accept grant revenue in the amount of $71,013.00 awarded by the California Emergency Management Agency (FY 2010 Homeland Security Grant), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the City of Rancho Cucamonga Fire Protection District into Account 1380000-4740 (Grant Income). L7. Approval to accept the Hermosa Avenue Community Trail and Parkway Landscape from Lemon to 200' north of Manzanita Drive and Trail Fencing on Archibald Avenue, Contract No. 11-003 as complete, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contact amount of $246,390.11. RESOLUTION NO. 11-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HERMOSA AVENUE COMMUNITY TRAIL AND PARKWAY LANDSCAPE FROM LEMON AVENUE TO 200' NORTH OF MANZANITA DRIVE AND TRAIL FENCING ON ARCHIBALD AVENUE, CONTRACT NO. 11-003 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L8. Approval of Resolutions initiating proceedings to levy annual assessments, preliminarily approve the annual Engineer's Report, declaring the City Council's intention to levy annual assessments within Landscape Maintenance District No. 2 for Fiscal Year 2011/12 and setting the time and place for a public hearing thereon. NO INCREASE OF ASSESSMENT RATE FOR FY 2011/12 IS PROPOSED. RESOLUTION NO. 11-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PREPARATION OF ANNUAL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2011/12 RESOLUTION NO. 11-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRELIMINARILY APPROVING THE ANNUAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NO. 2 FOR FISCAL YEAR 2011/2012 RESOLUTION NO. 11-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2011/2012 IN LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 5 of 9 M. 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. M1. M3 WERE CONSIDERED AT THE SAME TIME. RESOLUTION NO. 11-137 ITEMS M1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORTS AND ORDERING THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO'S. 1, 3A, 3B, 4-R, 5, 7, 8, 9, AND 10 FOR FISCAL YEAR 2011/2012 M2. AT THE SAME TIME. RESOLUTION NO. 11-138 ITEMS M1 - M3 WERE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 FOR FISCAL YEAR 2011-2012 M3. CONSIDERED AT THE SAME TIME. RESOLUTION NO. 11-139 ITEMS M1 - M3 WERE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORTS AND ORDERING THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO'S. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2011/2012 Jack Lam, City Manager, presented the staff reports for Items M1 - M3. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 6 of 9 Mayor Michael opened the public hearings A member of the audience inquired about the public hearing notice in the newspaper, noting that the Resolution number is different than the ones being considered tonight. Also, the resident expressed a concern with the need to implement this assessment. In response, Ingrid Bruce, Special District Manager, indicated that the Resolution setting tonight's public hearing was published. This Resolution is different than the ones being considered tonight, which will confirm the assessments. She also spoke about the formation of the Districts and the need to adopt a Resolution each year to maintain the assessment. In response to Council Member Williams, Mrs. Bruce confirmed that no change is being proposed in the assessment. Mayor Michael closed the public hearings. MOTION: Moved by Spagnolo, seconded by Alexander, to adopt Resolution Nos. 11-137 to 11-139. Motion carried 5-0. N. CITY MANAGERS STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. Items N1 through N15 were considered at one time. N1. CONSIDERATION OF AN ORDINANCE ESTABLISHING A PERMIT PROCESS FOR DESIGNATED PARADES AND ASSEMBLIES WITHIN THE CITY OF RANCHO CUCAMONGA ORDINANCE NO. 849 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 44 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING A PARADES AND ASSEMBLIES ORDINANCE Chief Joe Cusimano presented the staff report. In response to Mayor Pro Tem Spagnolo, Mr. Lam indicated that most people will contact the Department to request the regulations regarding parades and assemblies. Council Member Williams inquired if the form could be placed on the Internet. In response, Mr. Lam noted that information on the regulations could be placed on the Internet. It was noted that the permit parameters have not yet been finalized. MOTION: Moved by Alexander, seconded by Williams, to take up Ordinance No. 849 for first reading and set second reading for August 17, 2011. Motion carried 5-0. N2. CONSIDERATION TO ADOPT AN ORDINANCE COMPLYING WITH ABX1 27. WHICH PROVIDES FOR THE CONTINUED OPERATION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY. AND AUTHORIZATION TO REMIT TO THE COUNTY OF SAN BERNARDINO AUDITOR-CONTROLLER $27,076.930 (ESTIMATE) IN FISCAL YEAR 2011-12 AND $6 500.000 (ESTIMATE) IN FISCAL YEAR 2012-13. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 7 of 9 ORDINANCE NO. 850 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY Linda Daniels, Deputy City Manager, presented the staff report In response to Council Member Buquet, Mrs. Daniels addressed projects that are currently underway and how ABX1 27 would affect future projects. Also discussed was the lawsuit currently filed for consideration by the California Supreme Court and how this lawsuit affects the Agency and its projects. Lastly, discussion was held regarding the payment to be made. MOTION: Moved by Williams, seconded by Spagnolo, to take up Ordinance No. 850 for first reading and set second reading for August 17, 2011. Motion carried 5-0. N3. UPDATE ON FOOTHILL BOULEVARD CAPITAL IMPROVEMENT PROJECT Mark Steuer, Director of Engineering Services, presented the staff report N4. CONSIDERATION OF A MODIFICATION TO THE FIRST-TIME HOME BUYER PROGRAM REMOVING THE REQUIREMENT THAT HOMES PURCHASED BE RESTRICTED TO BANK OWNED FORECLOSURES Tony Le-Ngoc, RDA Analyst II, presented the staff report. In response to Mayor Michael, Mr. Le-Ngoc confirmed that short sales are not currently allowed in the program. MOTION: Moved by Spagnolo, seconded by Williams, to approve the modification to the First-Time Home Buyer Program. Motion carried 5-0. O. COUNCIL BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Council Member Williams commended the block captains for the very successful National Night Out program yesterday. Council Member Buquet noted that the August 17, 2011 meeting will be the last meeting for Mr. Lam and confirmed that a presentation would be made. 02. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Spagnolo noted that the action to eliminate the Redevelopment Agency and the lawsuit before the Supreme Court was already discussed. He reported on the latest maps being considered by the Redistricting Commission. Lastly, Mayor Pro Tem Spagnolo reported on the Strong Cities and Strong State Initiative and reported that the City has been chosen as one of the first cities to be highlighted. Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 8 of 9 P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Q. ADJOURNMENT Mayor Michael adjourned the meeting at 8:45 p.m. Re ~ectfully~'s/iubmitted, bra~McNay MC A istant City Clerk/Records Manager Approved: August 17, 2011 Redevelopment Agency, Fire Protection District, City Council Minutes August 3, 2011 -Page 9 of 9