HomeMy WebLinkAbout2011/09/07 - MinutesSeptember 7, 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, September 7, 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 5:02 p.m. by Chairman/PresidenUMayor L. Dennis Michael.
Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet,
Vice Chairman/Vice PresidenUMayor Pro Tem Sam Spagnolo and Chairman/PresidenUMayor L.
Dennis Michael.
Also present were: Bill Wittkopf, Public Works Services Director; Kevin McArdle, Community 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. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN
GILLISON, CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER
PROCESS -FIRE, CITY
D3. 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 persons were present wishing to speak.
D. RECESS
The closed session recessed at 5:04 p.m. to the Tapia Room.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 1 of 12
E. CONDUCT OF CLOSED SESSION - TAPIA ROOM
Closed session began at 5:10 p.m. Present were Agency Members/Board Members/Council
Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chair/vice PresidenUMayor Pro Tem
Sam Spagnolo and Chairman//PresidenUMayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Jim Markman, City Attorney and Linda Daniels,
Assistant City Manager.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session recessed at 5:50 p.m. with no action taken.
G. SPECIAL MEETING OF THE CITY COUNCIL ONLY
CALL TO ORDER - 6:00 P.M.
COUNCIL CHAMBERS
The Rancho Cucamonga City Council held a special meeting on Wednesday, September 7, 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 6:00 p.m. by Mayor L. Dennis Michael.
Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro Tem Sam
Spagnolo and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Trang Huynh,
Building and Safety Services Director; Debra McKay, Records Manager/Assistant City Clerk and
Shirr'I Griffin, Deputy City Clerk.
H. ITEMS OF BUSINESS
H1. Presentation in recognition of 2011 Women of Distinction.
Mayor Michael presented certificates of recognition to the 2011 Women of Distinction.
H2. Presentation in recognition of 2011 Youth Volunteer Award Program.
Mayor Michael presented certificates of recognition to the 2011 Youth Volunteer Award recipients.
H3. Presentation of a Certificate of Recognition to Panera Bread for their daily donation of bread
and pastries to the Senior Citizens at the James L. Brulte Senior Center.
Mayor Michael recognized Panera Bread for their support of the senior citizens programs at the
senior center.
H4. Presentation in recognition of Bradley Pate, National Grand Champion, World Class Martial
Arts.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 2 of 12
Mayor Michael presented a certificate of recognition to Bradley Pate and congratulated him on his
achievements.
H5. Presentation in recognition of Emerick Brock, Supporter of the Animal Care and Services
Center.
Mayor Michael presented a certificate of recognition to Emerick Brock and thanked him for his
support of the Animal Care and Services Center.
H6. Presentation in recognition of Melissa Hedrick, Perfect Attendance Winner, Alta Loma High
School.
Mayor Michael presented a certificate of recognition to Melissa Hedrick congratulated her on her
achievement.
H7. Presentation of Certificates of Recognition to Ontario Reigns, the Rancho Cucamonga
Quakes, Rancho Mesa Care Center and Paisano Ristorante Italiano, Sponsors of the
Central Park 'Black and White Gala' that was held on May 7, 2011, that benefitted the Senior
Transportation Program.
Mayor Michael presented certificates of recognition to the sponsors of the Black and White Gala.
H8. Presentation of Certificates of Recognition to Lilelu, Inc. Franchise Operators of Jersey
Mike's Subs for Their Generous Donation to the Community Services Department's
Recreation Program.
Mayor Michael presented certificate of recognition to Jersey Mike's Subs for their support of the
Community Service Department.
Hg. Presentation of Certificates of Recognition to Alta Loma Little League Teams:
• 10/11 Year Old Team -District 71 Champions (Not present)
• Junior Team -District 71 and District 8 Champions
Big League -Section 8 Champions
Mayor Michael presented certificates of recognition to the Alta Loma Little League teams for their
achievements.
I. RECESS
THE REGULAR CITY COUNCIL MEETING WILL CONVENE AT 7:00 P.M. IN THE COUNCIL CHAMBERS
AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA.
The meeting recessed at 6:55 p.m.
J. 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 7:05 p.m.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 3 of 12
Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet,
Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem Sam Spagnolo and
Chairman/PresidenUMayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels,
Assistant City Manager; Trang Huynh, Building and Safety Services Director; Bill Wittkopf, Public
Works Services 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 ManagerlAssistant City Clerk and Shirr'I Griffin, Deputy
City Clerk.
K. ANNOUNCEMENTS/PRESENTATIONS
K1. Presentation of a Proclamation in recognizing the month of September 2011 as "National
Preparedness Month" in conjunction with the U.S. Department of Homeland Security's
Federal Emergency Management Agency's (FEMA) Ready Campaign.
Mayor Michael presented a proclamation recognizing September, 2011 as National Preparedness
Month.
K2. Announcement of Playful City USA Designation.
Erika Lewis-Huntley, Management Analyst II, announced that the City of Rancho Cucamonga has
received the Playful City USA designation.
K3. Administration of Oath of Office to Michele Jacks-Ollivierre, newly-appointed Park and
Recreation Commissioner.
Janice Reynolds, City Clerk, administered the Oath of Office to Michele Jacks-Ollivierre, newly-
appointed Park and Recreation Commissioner.
L. PUBLIC COMMUNICATIONS
L1. Ellie Kaucher thanked the City Council for attending the grand opening of the Inland Empire
Campus of Cambridge College.
L2. Jerie Lee requested that the City Council rescind Ordinance No. 849, as it takes away the right to
assemble. She inquired when the City Council would be holding another meeting at the Senior
Center.
L3. Robert Hansen wondered why the sidewalks were repaired with blacktop instead of cement.
Mayor Michael referred Mr. Hansen to the Public Works Services Director.
L4. John Lyons spoke about the need for vigilant and remember the sacrifices made on 9-11.
L5. Ed Dietl referenced an article in Cucamonga Coupons entitled, "700,000 on Route 66". He noted
that signage is needed on the freeway and along Foothill Boulevard, designating Foothill Boulevard
as Historic Route 66.
L6. Vahan Hovnanian noted that he had questions regarding Item OS (Victoria Gardens Cultural
Center LED Sign).
L7. Jim Moffatt referenced an article in the newspaper entitled, "County Tinkers with Naming Rights
Policy". He expressed a concern with using taxpayer dollars to obtain naming rights. Mr. Moffatt noted
that a building could be named after someone if the donation was made using the person's own
money. He requested that the Council revisit the policy and put a stop to this practice.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 4 of 12
L8. Mike Rossiter requested that the City Council modify Ordinance No. 849 to protect the right to
assemble. Mr. Rossiter addressed the staff presentation that was made recently regarding the refuse
rate increases.
L9. Donna Fernandez inquired why Ordinance No. 849 was initiated and why a permit was needed to
exercise her first amendment rights.
L10. Jeane Ensley requested that Ordinance No. 849 be repealed, as it infringes upon free speech
and the right to assemble. She noted that the Ordinance is contrary to the provisions contained in the
ACLU's Activist's Guide.
L11. Anthony Rice requested clarification on the issues that are being addressed with the adoption of
Ordinance No. 849. He did not see the need to adopt the same regulations as other cities and
inquired about the restrictions on the flag pole size and the projectile launcher. Mr. Rice noted that he
serves as a Republican Central Committee member and noted that a Resolution has been introduced
in opposition to the Ordinance.
L12. Dan Titus spoke in opposition to Ordinance No. 849. He noted the military banners in the City
are being displayed at the same time as the public's rights are being taken away.
L13. David Rempel spoke in opposition to Ordinance No. 849. He noted that the Ordinance infringes
upon free speech and the right to assemble. Mr. Rempel noted that it was ridiculous to ask the public
to seek permission to protest and to bear the cost for police services. If someone in the assembly
commits a crime, it should be addressed at that time.
Mike Newcombe, Police Chief, gave a brief report regarding Ordinance No. 849 and then discussed
this matter further with interested individuals outside the Council Chambers.
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.
M. CONSENT CALENDAR -REDEVELOPMENT AGENCY
M1. Approval of Minutes: August 17, 2011 (Regular Meeting)
August 24, 2011 (Special Jt. Meeting with Planning Commission)
M2. Approval of Check Register dated August 10 through August 30, 2011, for the total amount
of $2, 366,127.87.
M3. Approval to award the purchase of body armor from Galls of Signal Hill, California, in
accordance with the RFB#11/12-001, in the amount of $96,389.15, funded $71,013 from
1380501-5207 (FY2010 Homeland Security Grant); $17,002 from 2505801-5207
(08MICapital Supplies); and $8,374.15 from 3289501-5207 (08M Capital Supplies); and
authorization to appropriate $71,013 into Account No. 1380501-5207 (O&M Capital
Supplies).
M4. Approval of Contract Amendment No. 1 (CO 11-068 and RA 11-009) with Oakview
Constructors amending "City Yard Expansion" project contract specifications.
M5. Approval of Amendment to the Redevelopment Agency By-Laws.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 5 of 12
RESOLUTION NO. RA 11-016
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, AMENDING AND
ADOPTING BY-LAWS FOR SAID AGENCY
M6. Approval of a preliminary draft of an initial Recognized Obligation Payment Schedule
CROPS).
RESOLUTION NO. RA 11-017
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED OBLIGATION
PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF
THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING
CERTAIN ACTIONS IN CONNECTION THEREWITH
John Gillison, Executive Director, noted that a revised Recognized Obligation Payment Schedule has
been placed in front of the Agency Members.
MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
N. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
N1. Approval of Minutes: August 17, 2011 (Regular Meeting)
August 24, 2011 (Special Jt. Meeting with Planning Commission)
N2. Approval of Check Register dated August 10 through August 30, 2011, for the total amount of
$201,073.30.
N3. Approval to award the purchase of body armor from Galls of Signal Hill, California, in
accordance with the RFB#11/12-001, in the amount of $96,389.15, funded $71,013 from
1380501-5207 (FY2010 Homeland Security Grant); $17,002 from 2505801-5207
(08M/Capital Supplies); and $8,374.15 from 3289501-5207 (08M Capital Supplies); and
authorization to appropriate $71,013 into Account No. 1380501-5207 (O&M Capital
Supplies).
MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
O. CONSENT CALENDAR -CITY COUNCIL
01. Approval of Minutes: August 17, 2011 (Regular Meeting)
August 24, 2011 (Special Jt. Meeting with Planning Commission)
02. Approval of Check Register dated August 10 through August 30, 2011, and Payroll ending
August 30, 2011, for the total amount of $9,518,003.11.
03. Approval to award the purchase of body armor from Galls of Signal Hill, California, in
accordance with the RFB#11/12-001, in the amount of $96,389.15, funded $71,013 from
1380501-5207 (FY2010 Homeland Security Grant); $17,002 from 2505801-5207
(O&MlCapital Supplies); and $8,374.15 from 3289501-5207 (O&M Capital Supplies); and
authorization to appropriate $71,013 into Account No. 1380501-5207 (O&M Capital
Supplies).
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 6 of 12
04. Approval of the negotiated purchase and installation of one (1) SV8500 Migration Hardware
and Software from NEC Corporation of America (NEC), in the amount of $63,602.62, and
authorize a 10% contingency of #6,360.26, utilizing General Administration Services (GSA)
contract number GS-35F-0511T 877, funded from 1714001-5603 (Equip/Vehicle
Replacement) to upgrade City Hall's Private Branch Exchange (PBX) telephone switch.
05. Approval to reject all bids received for the Victoria Gardens Cultural Center LED Sign
Project. (Pulled for Discussion)
06. 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
07. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California,
adopting the Measure "I" Five-Year Capital Improvement Program and Improvement Plan
Expenditure Strategy for Measure "I" Funds covering fiscal years 2011/2016.
RESOLUTION NO. 11-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-
YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL
YEARS 2011/2016 AND IMPROVEMENT PLAN EXPENDITURE
STRATEGY FOR THE EXPENDITURE OF MEASURE "I" FUNDS.
08. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California,
adopting the Measure "I" Five Year Capital Project Needs Analysis for Fiscal Years
2012/2013 through 2016/2017.
RESOLUTION NO. 11-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE
YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS
2012/2013 THROUGH 2016/2017
09. Approval of annual license and maintenance agreement with Sungard Public Sector, Inc., in
the amount of $88,848.78 to be funded from Account Number 1001209-5300 (Contract
Services), with an option to renew for up to three (3) one-year periods based upon mutual
consent by both parties.
010. Accept the bids received and award and authorize the execution of the contract in the
amount of $347,018.58, to the lowest responsive bidder, American Asphalt South, Inc. (CO
11-140), and authorize the expenditure of a 10% contingency in the amount of $34,701.86,
for the Fiscal Year 2011/2012 Local Street Pavement Rehabilitation -Slurry Seal of Various
Streets project to be funded from Gas Tax RT7360 (Proposition 42) Funds, Account No.
1174303-5650/1022174-0.
011. Accept the bids received and award and authorize the execution of the contract in the
amount of $632,000.00, to the lowest responsive bidder, Laird Construction Company, Inc.
(CO 11-141), and authorize the expenditure of a 10% contingency in the amount of
$63,200.00, for the Fiscal Year 2011/2012 Local Street Pavement Rehabilitation -Overlay
of Various Streets project to be funded from Gas Tax RT7360 (Proposition 42) Funds,
Account No. 1174303-5650/1022174-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 7 of 12
012. Approval of authorization to renew contract (CO 2010-129) with Spectrum Care Landscape
and Irrigation Management of Foothill Ranch, California, with no fee increase for Fiscal Year
2011-2012 for the maintenance of City landscape sites, in the amount of $1,182,180 to be
funded from Landscape Maintenance District Accounts 130 (General City), 131 (Victoria),
134 (Terra Vista) and 135 (Tot Lot) as approved in the Fiscal Year 2011-2012 budget.
013. Approval of Contract Amendment No. 1 (CO 11-068 and RA 11-009) with Oakview
Constructors amending "City Yard Expansion" project contract specifcations.
014. Approval to accept the Ridgecrest Fencing Project, Contract CO 11-034 as complete,
release the Faithful Performance Bond, accept a Maintenance Guarantee Bond, release the
Labor and Materials Bond six months after the recordation of said Notice of Completion;
approve the resolution authorizing the Public Works Services Director to file a Notice of
Completion, and approve the final contract amount of $16,037.00.
RESOLUTION NO. 11-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR THE RIDGECREST FENCING PROJECT AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
015. Approval of a Resolution electing for the City to serve as a successor agency in the event
that the California Supreme Court lifts its stay and strikes down AB X1 27 while upholding
AB X1 26.
RESOLUTION NO. 11-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING AN ELECTION IN CONNECTION
WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND
TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH
Mayor Michael pulled Item OS for discussion.
MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the
remaining staff reports. Motion carried 5-0.
O5. Approval to reject all bids received for the Victoria Gardens Cultural Center LED Sign Project
(Pulled for Discussion)
Kevin McArdle, Community Services Director, presented a staff report.
Mr. Hovnanian indicated that he had no more questions.
MOTION: Moved by Buquet, seconded by Wiliams, to approve the staff recommendation in the staff
report. Motion carried 5-0.
P. 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.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 8 of 12
P1. CONSIDERATION OF HISTORIC LANDMARK DESIGNATION DRC2010-00905 -CITY OF
RANCHO CUCAMONGA - A request to rescind Point of Interest DRC2006-00551 and
redesignate the Hellman Avenue Street Trees as a Historic Landmark, located on the west
side of Hellman Avenue, south of 19th Street to Base Line Road. The project is
categorically exempt under Section 15308 as a Class 8 exemption of the guidelines for the
California Environmental Quality Act.
RESOLUTION NO. 11-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK
DESIGNATION DRC2010-00905, DESIGNATING THE HELLMAN
AVENUE STREET TREES AS A HISTORIC LANDMARK, LOCATED ON
THE PUBLIC RIGHT-OF-WAY ON THE WEST SIDE OF HELLMAN
AVENUE, SOUTH OF 19TH STREET TO BASE LINE ROAD; AND
MAKING FINDINGS IN SUPPORT THEREOF
Candyce Burnett, Senior Planner presented the staff report
In response to Council Member Alexander, Ms. Burnett indicated that when this was discussed
with the community the cost to maintain the trees was not discussed. Council Member Alexander
noted that there are maintenance costs and pointed out that the trees can lift the sidewalk and
damage private property.
Council Member Williams referenced the eventual plan to widen Hellman Avenue and inquired
how this decision could be readdressed. In response, Ms. Burnett noted that the Council could ask
the Engineering Department to reevaluate the plan. Mark Steuer, Director of Engineering Services
stated that there is no work underway to widen the street and no funding to do so.
In response to Mayor Michael, Ms. Burnett confirmed that a tree can be removed in the interest of
public safety regardless of the designation. If the City were to widen the street, the matter would be
reviewed and appropriately mitigated.
Council Member Buquet inquired if there was an existing threat to the trees. He noted the
arborisYs report had indicated that some of the trees were diseased and inquired if there was
liability in making this determination. In response, James Markman, City Attorney, noted that the
determination will result in a CEQA process if the City decides to widen the street at a later date. If
a particular tree becomes a public safety issue, it can be removed.
In response to Mayor Michael, Ms. Burnett addressed the recent update to the General Plan and
noted that this update created a new Historic Preservation element.
Mayor Pro Tem Spagnolo agreed that public safety takes precedence over historic preservation.
He noted that this action will ensure that the trees are designated appropriately in conformance
with the Historic Preservation element of the General Plan. When Hellman Avenue is widened,
these trees will be discussed and appropriate mitigation measures will be taken.
Mayor Michael opened the public hearing.
Luana Hernandez noted that Hellman Avenue is one of the last streets in the community with this
historic feel. She understood that a tree could still be removed if it was determined to be a public
safety concern. Ms. Hernandez indicated that the residents want to preserve the historic nature of
the street. Mayor Michael stressed that the trees would have to be removed when Hellman Avenue
is widened.
Mayor Michael closed the public hearing.
Council Member Buquet noted that there are no immediate plans to widen the street and that there
are mechanisms in place to waive the widening requirement and collect the in-lieu fees. This topic
is becoming very convoluted. He inquired if a different tact might be to decide not to widen the
street. Council Member Alexander concurred, noting the expense to maintain the trees.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 9 of 12
Mayor Pro Tem Michael noted that a lot of work has been done on this to compromise the two
goals. He expressed his support.
MOTION: Moved by Williams, seconded by Spagnolo to adopt Resolution Nos. 11-157. Motion
carried 4-1 (Council Member Alexander voted no).
P2.
RESOLUTION NO. 11-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING UTILITY UNDERGROUND
DISTRICT NO. 2011-01 ALONG BASE LINE ROAD FROM CARNELIAN
STREET TO VINEYARD AVENUE, USING SCE RULE 20-A FUNDS
Mark Steuer, Director of Engineering Services, presented the staff report
In response to Mayor Pro Tem Spagnolo, Mr. Steuer expected that the project will start in
approximately three years.
Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the
public hearing.
MOTION: Moved by Alexander, seconded by Buquet to adopt Resolution Nos. 11-158. Motion
carried 5-0.
P3. CONSIDERATION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 2011-02
ALONG ARROW ROUTE FROM THE EAST END OF BEAR GULCH PARK TO VINEYARD
AVENUE (REMOVED FROM THE AGENDA)
RESOLUTION NO. 11-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING UTILITY UNDERGROUND
DISTRICT NO. 2011-02 ALONG ARROW ROUTE FROM THE EAST
END OF BEAR GULCH PARK TO VINEYARD AVENUE, USING SCE
RULE 20-A FUNDS
John Gillison, City Manager, noted that this item has been removed from the agenda and will be
readvertised for a future meeting.
P4.
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. 6-R FOR FISCAL
YEAR 2011-2012
Redevelopment Agency, Fire Protection District, City Council Minutes
September 7, 2011 -Page 10 of 12
RESOLUTION NO. 11-160
Ingrid Bruce, GISISpecial 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 Alexander to adopt Resolution Nos. 11-160. Motion
carried 5-0.
Q. 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. REQUEST TO INITIATE MUNICIPAL CODE AMENDMENT - CITY OF RANCHO
CUCAMONGA - A request to amend Title 17 of the Rancho Cucamonga Municipal Code
regarding hot mobile food trucks.
James Troyer, Planning Director, presented the staff report.
In response to Council Member Williams, Mr. Troyer noted the need to review the code in light of the
County's action regarding hot mobile food trucks. The intent is to protect existing restaurants and
address parking on private property.
Council Member Williams agreed with these goals, noting that there may be a place for mobile food
trucks on special occasions.
Council Member Buquet inquired on the need to initiate a code amendment. He noted that there is
not much of a change and spoke in support of protecting existing businesses.
Mayor Pro Tem Spagnolo wondered if action was necessary. In response, Mr. Troyer noted the need
to review our code and discuss this with the City Attorney. Mayor Pro Tem Spagnolo concurred with
making sure that existing businesses are not affected.
In response to Council Member Williams, Mr. Troyer discussed the current regulations and interaction
with the County Department of Public Health
Council Member Buquet concurred with exploring the matter. If there appears to be a need for a code
amendment, he suggested that it be brought back to the Council for approval before the amendment
is initiated.
Mayor Michael concurred with the comments made by the Council members. He would consider
allowing mobile food trucks at special events but does not want to impact existing businesses.
Perhaps a limit could be placed on the use, such as 3 events per year. Mayor Michael noted that he
would not consider allowing mobile food trucks in the industrial areas as this would impact food sales
in other establishments.
John Gillison, City Manager, noted that staff would review this matter and discuss it with the Chamber
of Commerce. If a code amendment is needed, he stated that it would be brought back to the City
Council for direction.
R. COUNCIL BUSINESS
R1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
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September 7, 2011 -Page 11 of 12
Mayor Michael noted that Foothill Boulevard will be closed on October 1s' and 2ntl from 7:00 a.m. to
7:00 p.m. in order to remove the false work
R2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Mayor Pro Tem Spagnolo reported that Friday is the end of the Legislative session. He thanked
Senator Bob Dutton for his leadership and his support towards Rancho Cucamonga and all cities.
Mayor Pro Tem Spagnolo noted that President Obama will address a joint session of Congress and is
expected to propose $300 billion in tax cuts and federal spending to boost employment.
S. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
T. ADJOURNMENT
Mayor Michael adjourned the meeting at 9:05 p.m.
Resp tfully submitted,
Deb a L. McKay, MMC
Assi ant City Clerk/Records Manager
Approved: Planning Commission -Wednesday, August 24, 2011 - 5-0
Approved: City Council -Wednesday, October 5, 2011 - 5-0
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September 7, 2011 -Page 12 of 12