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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.) Redevelopment Agency, Fire Protection District, City Council Minutes 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 Redevelopment Agency, Fire Protection District, City Council Minutes September 7, 2011 -Page 12 of 12