HomeMy WebLinkAbout2011/08/17 - MinutesAugust 17, 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, August 17, 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 5:00 p.m. by
Chairman/Mayor L. Dennis Michael.
Present were Agency MemberslCouncil Members: Bill Alexander, Diane Williams, Vice
Chairman/Mayor Pro Tem Sam Spagnolo and Chairman/Mayor L. Dennis Michael.
Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Debra McKay,
Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
The following closed session items are being considered:
D1. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) -DALE NELSON AND JEANNE NELSON V.
SANDRA KENT, MICHAEL FERNANDEZ, CITY OF RANCHO CUCAMONGA; COUNTY OF
SAN BERNARDINO, AND DOES 1 THROUGH 10 INCLUSIVE; CASE NO. CIVRS 913680 -
City
D2. CONFERENCE W ITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 10500 CIVIC CENTER DRIVE;
7368 ARCHIBALD AVENUE; 12505 CULTURAL CENTER DRIVE AND 11200 BASE LINE
ROAD; NEGOTIATING PARTIES: LINDA DANIELS, DEPUTY CITY MANAGER, CITY OF
RANCHO CUCAMONGA AND LINKLINE COMMUNICATIONS, REGARDING POTENTIAL
LEASE AGREEMENT -RDA
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S
No persons were present wishing to speak.
D. RECESS
The closed session recessed at 5:02 p.m. to the Tapia Room.
E. CONDUCT OF CLOSED SESSION - TAPIA ROOM
Closed session began at 5:05 p.m. Present were Agency Members/Council Members: Bill Alexander,
Chuck Buquet, Diane Williams, Vice Chair/Mayor Pro Tem Sam Spagnolo and ChairmanlMayor L.
Dennis Michael.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 1 of 14
Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Assistant
City Manager and Linda Daniels, Deputy City Manager.
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 Members/Council Members: Bill Alexander, Chuck Buquet,
Diane Williams, Vice Chairman/Vice PresidenVMayor Pro Tem Sam Spagnolo and
Chairman/President/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; Bill Wittkopf, Public Works Director; Mark Steuer, Director of Engineering Services; James
Troyer, Planning Director; Police Chief Mike Newcombe; Robert Karatsu, Library Director; Fire Chief
Mike Bell; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and
Kathy Scott, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation to Jack Lam in honor of his retirement.
Mayor Michael presented a proclamation and City file to Jack Lam, City Manager in appreciation of
his years of service to the City of Rancho Cucamonga.
I. PUBLIC COMMUNICATIONS
11. As Thomas Galindo was not present, Paula Pachon, Management Analyst III, invited the Council
and the audience to the Rancho Cucamonga Community and Arts Foundation's Golf Tournament on
November 14, 2011 at the Red Hill Country Club.
12. Gwyn Frost thanked Mr. Lam for his years of service to the community.
13. William Brown reported that people are living in tents along Red Hill Country Club Drive and
expressed concerns with safety and sanitary conditions.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 2 of 14
14. Jeane Ensley-Rossiter noted that she was a member of the Tea Party Patriots and expressed
concerns with the adoption of Item M1 (Permit Process for Designated Parades and Assemblies).
She inquired on the criteria for refusing a permit and indicated the difficulty in estimating attendance.
15. Doug Morris thanked Mr. Lam for his service to the community.
I6. Jim Moffatt addressed the restroom facility along Foothill Boulevard. He inquired on the approval
by the Police Department and expressed a concern with handicapped access to the restroom from
the pedestrian/equestrian trail.
17. Jerie Lee expressed concerns with the adoption of Item M1 (Permit Process for Designated
Parades and Assemblies). She has attended several events and did not see any problems at these
events. Mrs. Lee noted that there was a problem with a Proposition 8 rally and did not see the need to
impose regulations on all events for an isolated few.
18. Terry Masl expressed concerns with the adoption of Item M1 (Permit Process for Designated
Parades and Assemblies). He indicated that he has attended many events that had no problems. Mr.
Masl suggested amendments to the Ordinance, including separating parades from rallies, changing
the definition of assembly to encompass a higher number of attendees, and removing the hold
harmless requirement.
Ig. Janet Walton offered a prayer for the City Council and the audience.
110. Francie Palmer, Community Service Marketing Manager, announced the upcoming Jack Lam
Day at the Rancho Cucamonga Quakes Game on Saturday, August 27, 2011.
111. Greg Harman requested additional information and expressed a concern with the proposed
regulations of Item M1 (Permit Process for Designated Parades and Assemblies) as it takes away the
freedom of speech and the right to assemble.
I12. Erick Jimenez noted that he was the President of the Inland Valley Democratic Club and
expressed concerns with the adoption of Item M1 (Permit Process for Designated Parades and
Assemblies).
113. John Lyons addressed the concerns that had been raised regarding the adoption of Item M1
(Permit Process for Designated Parades and Assemblies) and congratulated Mr. Lam on his
retirement.
114. Antonio Gracia congratulated Mr. Lam on his retirement
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: August 3, 2011 (Regular Meeting)
August 8, 2011 (Special Meeting -Consensus Building)
J2. Approval of Check Register dated July 27 through August 9, 2011, for the total amount of
$985,230.57.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 3 of 14
J3. Approve to receive and file current Investment Schedule as of July 31, 2011.
J4. Approval of revised City Manager contract.
J5. Approval to release Faithful Performance Bond No. 4374461, retained in lieu of Maintenance
Guarantee Bond, in the amount of $15,600.00 for the Rancho Cucamonga Family Sports
Center Gym Floor Resurfacing and Finishing Project, Contract No. RA 09-018.
J6. Approval to release Faithful Performance Bond No. 1000832004, retained in lieu of
Maintenance Guarantee Bond, in the amount of $9,900.00, for the Rancho Cucamonga
Family Sports Center Basketball Gym Painting Project, Contract No. RA 09-019.
J7. Approval to release Maintenance Guarantee Bond No. 105359090 in the amount of
$122,129.49 for the Haven Avenue Pavement Rehabilitation from 4~" Street to Foothill
Boulevard, Contract No. RA 10-003.
MOTION: Moved by Spagnolo, seconded by Buquet, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
K1. Approval of Minutes: August 3, 2011 (Regular Meeting)
August 8, 2011 (Special Meeting -Consensus Building)
K2. Approval of Check Register dated July 27 through August 9, 2011, for the total amount of
$320,326.14.
K3. Approval to receive and file current Investment Schedule as of July 31, 2011.
K4. Approval of revised City Manager contract.
K5. Approval to adopt an Annexation Map showing Assessor Parcel Number 0201-043-22,
(Timothy A. Wyant, Trustee of the Timothy A. Wyant 2004 Revocable Trust dated November
8, 2004, Owner), located east of London Ave. on Santina Dr., in Rancho Hills Estates, to be
annexed into Community Facilities District (CFD) No. 88-1.
RESOLUTION NO. FD 11-031
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING AN
ANNEXATION MAP (ANNEXATION NO. 88-11-3) SHOWING
PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT N0.88-1
K6. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No.
88-11-3 (APN: 0201-043-22; Timothy A. Wyant, Trustee of the Timothy A. Wyant 2004
Revocable Trust dated November 8, 2004, Owner), into Community Facilities District No. 88-
1, specifying services proposed to be financed, to set and specify the special taxes proposed
to be levied within the annexation territory and set a time and place for a public hearing
related to the annexation.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 4 of 14
RESOLUTION NO. FD 11-032
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS
INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY
(ANNEXATION NO. 88-11-3) TO COMMUNITY FACILITIES DISTRICT
NO.88-1
K7. Approval to renew contracts (CO 89-136, CO 90-145, CO 93-006) on a month-to-month
basis with Mariposa Horticultural Enterprises, Inc., or Irwindale, California, with no fee
increase and consistent with the original competitive bid process, for Fiscal Year 2011-2012
for the maintenance of City parks, Archibald Library and City and Fire District landscape
sites, in an amount not to exceed $1,454,570 for City facilities and $65,750 for Fire District
facilities to be funded from various General Fund Accounts, San Bernardino County
Reimbursement Account, Capital Reserve Account, Landscape Maintenance District
Accounts, CFD Account 868, Library Account 290 and Fire District Accounts as approved in
the Fiscal Year 2011-2012 budget.
MOTION: Moved by Buquet, 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: August 3, 2011 (Regular Meeting)
August 8, 2011 (Special Meeting -Consensus Building)
L2. Approval of Check Register dated July 27 through August 9, 2011, and payroll ending
August 9, 2011, for the total amount of $3,189,943.78.
L3. Approval to receive and file current Investment Schedule as of July 31, 2011.
L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Hellman Avenue
Pavement Rehabilitation and Street Improvements, from 19~" Street to Hillside Road, to be
funded from Measure "I" Funds, Account Nos. 11763035650/1770176-0,
11763035650/1772176-0, and 11773035650/1772177-0 and Fire District Capital Reserve
Fund, Account No. 32895015650/1772289-0 for construction of said project.
RESOLUTION NO. 11-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE HELLMAN AVENUE PAVEMENT
REHABILITATION AND STREET IMPROVEMENTS, FROM 19T"
STREET TO HILLSIDE ROAD, IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L5. Approval of resolutions initiating proceedings to levy annual assessments, preliminarily
approve the annual Levy Report, declaring the City Council's Intention to Levy Annual
Assessments within Landscape Maintenance District No. 6-R 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.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 5 of 14
RESOLUTION NO. 11-141
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 DISTRICT NO.
6-R FOR FISCAL YEAR 201112012
RESOLUTION NO. 11-142
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. 6-R FOR FISCAL YEAR 2011/2012
RESOLUTION NO. 11-143
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 201112012 IN LANDSCAPE
MAINTENANCE DISTRICT NO. 6-R AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING THEREON
L6. Approval of revised City Manager contract.
L7. Approval to receive Community Services Update Report
L8. Approval of a reimbursement in the amount of $57,750.36 to the County of San Bernardino
Flood Control District that will serve to transfer the Regional Mainline Drainage Fees
collected by the City of Rancho Cucamonga, as provided for in Agreement No. CO 02-139 to
meet the City's funding obligation for the Etiwanda/San Sevaine Creek Improvement Project,
and approval of an appropriation of $57,750.36 to Account No. 1114303-5650/1358114-0
from the Drainage -Etiwanda/San Sevaine (Fund 114) fund balance.
L9. Approval of a resolution authorizing the bi-annual routine destruction City records pursuant
to California Government Code Section 34090, the City's Records Retention Schedule and
other applicable legal citations.
RESOLUTION NO. 11-144
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 34900 AND
OTHER APPLICABLE LEGAL REFERENCES
L10. Approval to authorize the City Mayor to sign Certificate of Compliance No. 685 for Lot Line
Adjustment, sign easement and grant deed document and City Clerk to attest thereto
granting the street easement to the City relating to the new Public Works Services Center
Building and the new Household Hazardous Waste facility.
L11. Approval of Jurisdiction Master Agreement No. C12021 (CO 11-117) between the San
Bernardino County Transportation Authority and the City of Rancho Cucamonga for the
Measure "I" 2010-2040 Valley Major Street Program/Arterial Sub-Program.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 6 of 14
L12. Approval of a Memorandum of Understanding C11223 (CO 11-118) by and between San
Bernardino Associated Governments and County of San Bernardino and the Cities of Chino,
Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario,
Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Yucaipa for San
Bernardino Valley Coordinated Traffic Signal Timing System Program Tiers 1, 2, 3, & 4.
L13. Approval of a resolution renewing the Professional Services Agreement with no fee increase
and consistent with the original competitive bid process for Aufbau Corporation for providing
annual construction inspection and engineering support services for FY 2011/2012, for
proposed capital improvement projects throughout the City, to be funded from various
individual project accounts as approved in the FY 2011/2012 Budget.
RESOLUTION NO. 11-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF
AGREEMENT WITH AUFBAU CORPORATION FOR PROVIDING
ANNUAL CONSTRUCTION INSPECTION AND ENGINEERING
SUPPORT SERVICES FOR FY 2011/2012 FOR PROPOSED CAPITAL
IMPROVEMENT PROJECTS THROUGHOUT THE CITY
L14. Approval of a resolution renewing the Professional Services Agreements with no fee
increase and consistent with the original competitive bid process for Dan Guerra &
Associates, Dawson Surveying, Inc., LEH & Associates, Westland Group, Inc. and CSD
Land Surveying, Inc., for annual survey services for FY 201112012, for proposed capital
improvement projects throughout the City, to be funded from various individual project
accounts as approved in the FY 2011/2012 Budget.
RESOLUTION NO. 11-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF
AGREEMENTS WITH DAN GUERRA 8 ASSOCIATES, DAWSON
SURVEYING, INC., LEH & ASSOCIATES, WESTLAND GROUP, INC.
AND CSD LAND SURVEYING, INC., FOR ANNUAL SURVEY SERVICES
FOR FY 2011/2012 FOR PROPOSED CAPITAL IMPROVEMENT
PROJECTS THROUGHOUT THE CITY
L15. Approval to renew contract (CO 09-203) with JDC, Inc. with no fee increase and consistent
with the original competitive bid process, for Fiscal Year 2011-2012 for the citywide concrete
repair, tree removal and tree planting in an annual amount of $279,850 to be funded from
Account Numbers 1001316-5300 (Street and Park Maintenance), 1 1 1 0 31 6-5650/1 551 1 1 0-0
(Beautification) and 11177303-5300 (Measure 12010-2040).
L16. Approval to renew contracts (CO 89-136, CO 90-145, CO 93-006) on a month-to-month
basis with Mariposa Horticultural Enterprises, Inc., or Irwindale, California, with no fee
increase and consistent with the original competitive bid process, for Fiscal Year 2011-2012
for the maintenance of City parks, Archibald Library and City and Fire District landscape
sites, in an amount not to exceed $1,454,570 for City facilities and $65,750 for Fire District
facilities to be funded from various General Fund Accounts, San Bernardino County
Reimbursement Account, Capital Reserve Account, Landscape Maintenance District
Accounts, CFD Account 868, Library Account 290 and Fire District Accounts as approved in
the Fiscal Year 2011-2012 budget.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 7 of 14
L17. Approval of a resolution renewing the Professional Services Agreements with no fee
increase and consistent with the original competitive bid process for Ninyo & Moore, Salem
Engineering Group, Inc., and Leighton Consulting, Inc., for annual soils and materials testing
services for FY 2011/2012, for proposed capital improvement projects throughout the City, to
be funded from various individual project accounts as approved in the FY 2011/2012 Budget.
RESOLUTION NO. 11-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE RENEWAL OF
AGREEMENTS WITH NINYO & MOORE, SALEM ENGINEERING
GROUP, INC. AND LEIGHTON CONSULTING, INC., FOR ANNUAL
SOILS AND MATERIALS TESTING SERVICES FOR FY 2011/2012 FOR
PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT
THE CITY
L18. Approval to renew contracts (CO 02-018, CO 09-125) with Trugreen Landcare of Upland,
California, with no fee increase and consistent with the original competitive bid process, for
Fiscal Year 2011-2012 for the maintenance of City landscape sites, in the amount of
$800,920 to be funded from General Fund Account 316 (Street and Park Maintenance) and
Landscape Maintenance District Accounts 136 (Caryn Community), 137 (North Etiwanda),
138 (South Etiwanda), 139 (Lower Etiwanda) and 140 (Rancho Etiwanda) as approved in
the Fiscal Year 2011-2012 budget.
L19. Approval to renew contract (CO 03-087) on a month-to-month basis with Utiliquest (formerly
Underground Technology, Inc.), with no fee increase and consistent with the original
competitive bid process, for Fiscal Year 2011-2012 for underground marking services in the
amount of $54,600 to be funded from 1001316-5300 (Street and Parks Maintenance),
1124303-5300 (Transportation), 1170303-5300 (Gas Tax 2105/Prop 111).
L20. Approval to accept the "Citywide Street Name Sign Replacement - FY 10/11," Contract No.
2010-145, as complete; release the bonds, accept a Maintenance bond; approve the
Resolution authorizing the Public Works Services Director to file a Notice of Completion,
release the retention 35 days after acceptance, and approve the final contract amount of
$67,460.41.
RESOLUTION NO. 11-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR THE CITYWIDE STREET NAME SIGN
REPLACEMENT - FY 10/11 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
L21. Approval to release Faithful Performance Bond No. 70886085, retained in lieu of
Maintenance Guarantee Bond in the amount of $24,300.00, for the Red Hill Cobblestone
Project, Contract No. CO 2010-020.
L22. Approval to release Maintenance Guarantee Bond No. 729745P in the amount of $1,855.00
for the Golden Oak Ball Field Fencing Project, Contract No. 2010-041.
L23. Approval to release Faithful Performance Bond No. 1506651, retained in lieu of Maintenance
Guarantee Bond, in the amount of $379,972.60, for the Citywide Bridge Deck Maintenance
Project, Contract No. 09-236.
L24. Approval to release Maintenance Guarantee Bond No. 20-SUR-207663, in the amount of
$6,318.10 for the Banyan Street Community Trail and Wilson Avenue Community Trail
improvements, Contract No. 10-005.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 8 of 14
L25. Approval to release Maintenance Guarantee Bond No. 105359090, in the amount of
$122,129.49, for the Haven Avenue Pavement Rehabilitation from 4~" Street to Foothill
Boulevard, Contract No. 10-021.
L26. Approval to release Maintenance Guarantee Bond No. 7614652, in the amount of
$55,517.75, for the pavement rehabilitations of Hillside Road from Beryl to Archibald; Beryl
Street from Sunflower to North City Limit and Wilson Avenue from Carnelian Street easterly
1400', Contract No. 10-025.
L27. Approval to accept the Fiscal Year 2010/2011 Local Street Pavement Rehabilitation (Slurry
Seal) at Various Locations and Parking Lot Resurtacing (Seal Coat) at Civic Center North
Lot project, Contract No. 11-024 as complete, release the bonds, accept a Maintenance
Bond, authorize the City Engineer to file a Notice of Completion, and approve the final
contract amount of $271,582.40.
RESOLUTION NO. 11-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING 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 PROJECT, CONTRACT
NO. 11-024, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
L28. Approval to accept the Fiscal Year 2010/2011 Local Street Pavement Rehabilitation -
Overlay of Various Streets Project, Contract No. 11-026 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 $413,532.40.
RESOLUTION NO. 11-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR
2010/2011 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY
OF VARIOUS STREETS PROJECT, CONTRACT NO. 11-026 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
MOTION: Moved by Williams, seconded by Buquet, to approve the staff recommendations in the
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. CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING A
PERMIT PROCESS FOR DESIGNATED PARADES AND ASSEMBLIES WITHIN THE CITY
OF RANCHO CUCAMONGA
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 9 of 14
ORDINANCE NO. 849 (second 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
Mayor Michael indicated that this item would be removed for discussion in light of the comments
received under Public Communications.
Jim Markman, City Attorney, addressed Ordinance No. 849 and its constitutionality and intent to
ensure traffic safety. Police Chief Mike Newcombe noted that this Ordinance was initiated by the
Police Department to provide better communication with all parties, ensure traffic safety and promote
a safer demonstration. Chief Newcombe noted that the permit process is nominal and that the permit
is free.
In response to Council Member Buquet, Chief Newcombe confirmed that the intent of the regulations
was to ensure that a better allocation of resources. Chief Newcombe indicated to Council Member
Alexander that questions about the attendance would be referred to the responsible party.
Mayor Michael realized that there are privacy concerns but noted that this is a constitutionally
acceptable tool to ensure that there is sufficient knowledge of pending events.
Council Member Alexander noted that it was nice to see the Tea Party and the Inland Valley
Democratic Club agree on something. He supported the Ordinance but expected that it could be
modified or eliminated in the future if needed.
In response to Council Member Williams, Mr. Lam confirmed that a process can be created to allow
online applications.
Council Member Buquet indicated that he would not support the Ordinance if he thought that it would
chill public demonstrations. He noted that the City has the responsibility to protect the public during
public demonstrations.
Debra McKay, Assistant City Clerk/Records Manager read the title of Ordinance No. 849.
MOTION: Moved by Alexander, seconded by Spagnolo, to adopt Ordinance No. 849 for second
reading. Motion carried 5-0.
M2. CONSIDERATION OF SECOND READING OF AN ORDINANCE COMPLYING WITH ABX1
27 WHICH PROVIDES FOR THE CONTINUED OPERATION OF THE RANCHO
ORDINANCE NO. 850 (second 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
Debra McKay, Assistant City Clerk/Records Manager read the title of Ordinance No. 850
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 10 of 14
MOTION: Moved by Williams, seconded by Buquet, to adopt Ordinance No. 850 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 A RESOLUTION SETTING RATES FOR RESIDENTIAL AND
COMMERCIAL/INDUSTRIAL REFUSE AND RECYCLING COLLECTION WITHIN THE
CITY OF RANCHO CUCAMONGA. CALIFORNIA
RESOLUTION NO. 11-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SETTING RATES FOR RESIDENTIAL
AND COMMERCIAL/INDUSTRIAL REFUSE AND RECYCLING
COLLECTION WITHIN THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA
Linda Ceballos, Environmental Program Manager, presented the staff report and reported on the
number of telephone calls and written protests received by the City.
In response to Mayor Pro Tem Spagnolo, Mrs. Ceballos noted that the refuse rates are the third
lowest in the County. However, the city enjoys some services at a free or reduced rate that are not
provided in other cities.
Mrs. Ceballos addressed waste audits in response to Council Member Buquet. Also discussed was
the need to comply with AB 32 and the liability to the City and to businesses who do not comply.
Mayor Pro Tem Spagnolo inquired about an educational program in order to help the commercial
businesses. In response, Mrs. Ceballos indicated that educational packets will be prepared in the Fall
in anticipation of AB 32, regardless of whether this rate increase passes or fails.
In response to Mayor Michael, Mark Steuer, Director of Engineering Services indicated that the
commercial and industrial recycling is being addressed now as AB 32 goes into effect on January 1,
2012.
Mrs. Ceballos confirmed to Council Member Buquet that there may be an opportunity to lower the
commercial andlor industrial rates as more people participate in the program and the revenue from
recycling grows. Mrs. Ceballos noted that the requirement for weekly trash service could also be
revisited if the Council wished to address customers who generate a very minimal amount of trash.
Mayor Michael opened the public hearing.
Steve Strebel addressed the impact to multi-family complexes and noted that the proposed rates
reflect a 17% increase. There is an 8% increase to retail centers. Mr. Strebel noted that some of
these costs will need to be passed on and pointed out that their tenants have already been hit hard
with sewer and water rate increases. He noted that a 4 to 1 ratio would be more realistic. Also, Mr.
Strebel noted that the existing infrastructure would need to be torn down in many cases in order to
allow two bins at each location.
Mr. Strebel clarified his concern with rising utility costs to Council Member Buquet and the need for
two bins at each location with Mayor Pro Tem Spagnolo. In response to Council Member Alexander,
Mr. Strebel confirmed his intent to stay within the permitted guidelines.
Redevelopment Agency, Fire Protection District, City Council Minutes
August 17, 2011 -Page 11 of 14
Vidw Muniz expressed concerns with the report, noting that there is no justification whatsoever for
the rate increase. '
Mike Krcelic stated that AB 32 does not require a 1 to 1 ratio. He noted that Burrtec has not
approached his company to find mutually acceptable alternatives to the rate increase.
Robert Nini noted that a 14 to 17.5°h increase is being proposed. He stated that the comment about
having the third lowest rate in the area is incorrect as this Gty has chosen to let the contract to a
single service provider. In return, the city gets 15% of the gross revenue. As there is not an open and
compefitive process, we pay 30% more for standard service. Mr. Nini noted that the amount being
proposed is unfair in this economic environment.
John Lyons indicated that he just started his trash service and received notice of the proposed rate
increase. He noted that people underestimate the value of recycled products and suggested that'
information be placed on the Internet on where to take items to be recycled. Also, Mr. Lyons indicated
that the doors on the trash bins are a big problem in the wind and there is no room for another bin in
mule-famiy complexes.
Jim Moffatt did not oppose an increase if it is honestly done. However, Burrtec just received an
inwease due the city's action to require Vash collection services.
Jennifer Kathy indicated that the proposed rates are much too high.
Mayor Michael Gosed the public hearing.
In response to Mayor Michael, Mike Aragon, ~ce President Burrtec Industries, noted that the last
increase was four years ago. He provided justification for the inwease, noting that the increase was
due to a combination of CPI, disposal and diversion cost increases. He addressed AB 32, which
provides for mandatory commercial recycing. Mr. Aragon noted that the residents received a
substantial increase in their rate for the equipment and the process when recycling was first
implemented and stated that multi-family units and other commercial uses need to do their part now.
In response to Council Member Buquet, Mr. Aragon addressed multi-family units and stated that a
Vash bin could be placed in one location and the recycle bin in another. He noted that a public
education program is needed to address the very low participation level. Also discussed was the
franchise agreement and Mr. Aragon noted that Burttec is careful to provide superior programs and
service to the community as many other companies would welcome the chance to provide refuse
SefVICB ill this City.
In response to Councl Member Williams, Mr. Aragon addressed the disposal costs. He noted that
dumpster diving should be discouraged as this hurts everyone. Discussion was also held about the
additional trucks that would be needed to provide recycling service to commercial and industrial uses
and the rising fuel costs.
Mayor Pro Tem Spagnolo noted that an educational effort was needed. He commented on a previous
speaker's assertion that information was not presented justifying the increases and noted that both
staff and the Public Works Subcommittee reviewed the matter in detail before making a
recommendation in support. Also, he noted that it is not true that people need to pay for trash
services for a vacant property.
Mayor Michael indicated that this was a very difficult and painstak(ng decision. He noted that Burttec
has been a good neighbor to the community and provides a reduced rate program for the senior
Gtizens. He supported the proposed inwease.
MOTION: Moved by Alexander, seconded by Williams, to adopt Resolution Nos. 11-151. Motion
carried 5-0.
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August 17, 2011 -Page 12 of 14
N2. CONSIDERATION TO APPROVE THE RESOLUTION CONFIRMING THE DIAGRAM. AND
ASSESSMENTS, APPROVE THE ANNUAL ENGINEER'S REPORT, AND ORDER THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2011/2012. NO INCREASE OF THE
ASSESSMENT RATE IS PROPOSED.
RESOLUTION NO. 11-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENTS, APPROVING THE ANNUAL ENGINEER'S REPORT
AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
FOR LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR FISCAL
YEAR 2011 /2012
Ingrid Bruce, Special Districts Manager, presented the staff report.
Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the
public hearing.
MOTION: Moved by Spagnolo, seconded by Buquet, to adopt Resolution Nos. 11-152. Motion
carried 5-0.
O.CITY MANAGER'S STAFF REPORTS
CITY COUNCIL
The following items have no legal publication or posting requirements. Items N1 through N15
were considered at one time.
01. CONSIDERATION OF A RECOMMENDATION BY THE METRO GOLD LINE AD HOC
COMMITTEE TO NOT PARTICIPATE IN THE FUNDING OF THE ENVIRONMENTAL
STUDY FOR THE EXTENSION OF THE METRO GOLD LINE FROM THE CITY OF
MONTCLAIR TO THE ONTARIO AIRPORT, AND TO DECLINE AN INVITATION FROM
THE METRO GOLD LINE JOINT POWERS AUTHORITY BOARD TO JOIN THE METRO
GOLD LINE JOINT POWERS AUTHORITY BOARD
Jon Gillespie, Traffc Engineer, presented the staff report.
MOTION: Moved by Spagnolo, seconded by Alexander to approve the staff recommendation in the
staff report. Motion carried 5-0.
P. COUNCIL BUSINESS
P1. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S
RECOMMENDATION REGARDING AN APPOINTMENT TO THE PARK AND
RECREATION COMMISSION.
Mayor Michael noted that the Park and Recreation Subcommittee has reviewed the applications
and is recommending the appointment of Michele Jacks-Ollivierre to the Park and Recreation
Commission.
MOTION: Moved by Williams, seconded by Alexander to appoint Michele Jacks-Ollivierre to the
Park and Recreation Commission to serve a 4 year term, expiring in June, 2015. Motion carried 5-
0.
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August 17, 2011 -Page 13 of 14
P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Mayor Pro Tem Spagnolo reported on the status of the lawsuit filed by the League of California
Cities and the California Redevelopment Association.
Council Member Alexander noted that there are issues in some of the mobile home parks and
indicated that he would keep the Council posted.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
R. ADJOURNMENT
Mayor Michael adjourned the meeting at 9:55 p.m. in the memory of Detective Duane Parkison.
Re pectfully submitted,
~~ ~~
De ra L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: September 7, 2011
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August 17, 2011 -Page 14 of 14