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HomeMy WebLinkAbout2012/03/07 - MinutesMarch 7, 2012 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, March 7, 2012 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 PresidenUMayor L. Dennis Michael. Present were DistricUCouncil Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice PresidenUMayor Pro Tem Sam Spagnolo and PresidenUMayor L. Dennis Michael. Also present were: John Gillison, City Manager; 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 LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE MANAGEMENT EMPLOYEES -FIRE, CITY D2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54956.95. TITLE: CITY MANAGER -FIRE, CITY D3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(8) -FOUR POTENTIAL CASES -FIRE, CITY D4. CONFERENCE WITH LEGAL COUNSEL: INITIATION OF LITIGATION, ONE CASE PURSUANT TO GOVERNMENT CODE SUBSECTION 54956.9 (C ) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No persons were present wishing to speak. D. RECESS The closed session recessed at 5:01 p.m. to the Tapia Room. E. CONDUCT OF CLOSED SESSION - TAPIA ROOM The meeting was called to order at 5:30 p.m. by Chairman/PresidenUMayor L. Dennis Michael. Present were DistricUCouncil Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice President Sam Spagnolo and PresidenUMayor L. Dennis Michael. Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 1 of 10 Also present were: John Gillison, City Manager; James Markman, City Attorney and Linda Daniels, Assistant 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 meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice PresidentA/ice Chairman Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Bill Wittkopf, Public Works Services Director; Trang Huynh, Building and Safety Services Director; James Troyer, Planning Director; Nettie Nielson, Community Services Director; Robert Karatsu, Library Director; Veronica Fincher, Animal Services Director; Mark Steuer, Director of Engineering Services; Police Chief Mike Newcombe; Fire Chief Mike Bell; Jim Frost, City Treasurer; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of the Achievement of Excellence In Procurement (AEP) Award and Proclamation declaring March as Purchasing Month. Keri Hinojos, Senior Buyer presented the Achievement in Excellence in Procurement Award to Mayor Michael. Mayor Michael commended the Department and presented a proclamation to Keri Hinojos, Senior Buyer, declaring March as Purchasing Month. H2. Proclamation declaring March as Pedestrian and Traffic Safety Month Mayor Michael presented a proclamation to Chief Mike Newcombe declaring March as Pedestrian and Traffic Safety Month. H3. Presentation of certificate to Los Osos High School Key Club in appreciation of their support of the Animal Care and Services Center Mayor Michael presented certificates of appreciation to the Los Osos High School Key Club for their support of the Animal Care and Services Center. Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 2 of 10 I. PUBLIC COMMUNICATIONS 11. Beverly Guido-Deutsch presented information about the Lisa Project, a free multi-sensory exhibit about child abuse prevention. The exhibit will be at Victoria Gardens in March. 12. Carol Norris expressed concerns about the gang injunction in Northtown, noting that there is not crime in that area and no injunction is needed. 13. Dolly Zamora indicated that there is not violence in Northtown. She asked that the Council not allow the gang injunction to be enforced. 14. Anita Ovnelas expressed concerns about the gang injunction, noting that the neighborhood is a good community and with harassment. 15. Alan Bryan expressed a concern with an individual who is using Vons shopping carts and stealing recyclables from trash cans. He asked the Council to enforce the new shopping cart Ordinance. I6. Harry Steelman addressed the upcoming Run for the Wall, which will leave Rancho Cucamonga in May, 2012. 17. Norm MacKenzie introduced the new Main Street Chamber. I8. Wendy Sandoval referenced a proposal to place a funeral home across the street from their home. She noted that this would negatively affect their quality of life and opposed the project. Ms. Sandoval noted that there is a meeting tomorrow night at 6:00 p.m. at Etiwanda Gardens and hoped that one of the Council could be in attendance. Ig. Kevin Kenley addressed the gang injunction, noting that the neighborhood has changed. Mr. Kenley asked the City Council to urge the District Attorney to remove the injunction. 110. Tanya Sanscartier invited the City Council to a breakfast with Supervisor Rutherford on March 15, 2012 at 8:00 a.m. at the Claim Jumper Restaurant. 111. John Lyons spoke in opposition to the gang injunction, noting that the City had done an outstanding job in cleaning up Northtown. Also, he indicated that mountain lions were dangerous animals and urged caution around them. 112. Jim Moffat expressed a concern with the comments that were made by Council Member Buquet at the last Council meeting. 113. Bill Hanlon spoke about Council Member Buquet's comments. He addressed the patches on his vest and the need to honor the armed forces. 114. Rick Creed, accompanied by Brenda Pallares, spoke about the City's support of his family when his son, Matthew, was killed. Likewise, the City supported the Pallares family when Ronnie was killed. Mr. Creed and Mrs. Pallares indicated that the City was doing the best that it could for military families. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Authority Board/Council at one time without discussion. Any item maybe removed by a Fire Board/Authority Board/Council Member for discussion. Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 3 of 10 J. CONSENT CALENDAR -FIRE PROTECTION DISTRICT J1. Approval of Minutes: February 15, 2012 -Regular Meeting J2. Approval of Check Register dated February 8, 2012 through February 28, 2012 for the total amount of $274,010.70. J3. Approval to adopt an annexation map showing Assessor Parcel Number 0207-201-22 (Homescape Cucamonga LLC, Owner), located on Arrow Route, east of Baker Avenue, which is proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 12-012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 12-3) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 12-3 (APN: 0207-201-22, Homescape Cucamonga LLC, Owner), located on Arrow Route, east of Baker Avenue, into Community Facilities District No. 85-1, 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. RESOLUTION NO. FD 12-013 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. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 12-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J5. Approval of appointments for City and Fire Protection District representatives to the Oversight Board as a result of AB X1 26 regarding the elimination of Redevelopment. MOTION: Moved by Spagnolo, seconded by Buquet, to approve the staff recommendations in the staff reports. Motion carried 5-0 K. CONSENT CALENDAR -PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: February 15, 2012 -Regular Meeting MOTION: Moved by Buquet, seconded by Williams, to approve the minutes. Motion carried 5-0 Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 4 of 10 L. CONSENT CALENDAR -CITY COUNCIL L1. Approval of Minutes: February 13, 2012 -Special Joint Meeting with CVWD February 15, 2012 -Regular Meeting L2. Approval of Check Register dated February 8, 2012 through February 28, 2012 and payroll ending February 28, 2012 for the total amount of $9,056,637.01. L3. Authorization to award the purchase of one (1) Chevrolet Tahoe Hybrid to George Chevrolet of Bellflower, California as per Request For Bid ("RFB") #11/12-012 in the amount of $51,321.42; from Acct. No. 1105208-5604 (Air Quality Improvement Grant); and authorization for the transfer of the one (1) Chevrolet Tahoe Hybrid to the County of San Bernardino to facilitate its use for Police Department services. L4. Authorization to award the purchase of one (1) custom built Incident Command Trailer to Fireblast 451, Inc. of Corona, California as per Request For Bid ("RFB") #11/12-013 in the amount of $30,001.37; authorization to appropriate $30,001.37 into Acct. No. 1381701- 5605 (Homeland Security Grant) and authorization for the transfer of the Incident Command Trailer to the County of San Bernardino to facilitate its use for Police Department services. L5. Approval of a Request from Run for the Wall for a Waiver of Fees and Charges for Local Events Associated with the 2012 Run. L6. Approval of a lease amendment between T-Mobile West Corporation and the City of Rancho Cucamonga for the collocation of a Metro PCS Wireless Communications Facility at Heritage Park, 5546 Beryl Street. L7. Re-award and authorize the execution of a contract (CO#12-006) for the Red Hill Park, Heritage Park and East Beryl Park Shade Shelter Project in the amount of $120,256.80 to the apparent low bidder, LSC Construction of Perris, California and authorize the expenditure of a 10% contingency in the amount of $12,030, to be funded from Capital Reserve Funds, Account Numbers 1025001-5650/1698025-0 ($58,750), 1025001- 56 50/1 740 02 5-0 ($66,150) and 1025001-5300 ($7,436). L8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Lemon Avenue Pavement Rehabilitation from Sapphire Street to Carnelian Street, to be funded from Prop 42 Fund, Account No. 1 1 90 30 3 56 50/1 731 1 90-0. RESOLUTION NO. 12-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LEMON AVENUE PAVEMENT REHABILITATION FROM SAPPHIRE STREET TO CARNELIAN STREET, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L9. Approval of Improvement Agreement extension for Tract 16324, located at the northerly end of Wardman Bullock Road, submitted by Meritage Homes of California, Inc. RESOLUTION NO. 12-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16324 Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 5 of 10 L10. Approval to authorize the advertising of the "Notice Inviting Bids" for the Archibald Avenue Pavement Rehabilitation from Foothill Boulevard to Base Line Road and Church Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, to be funded from Prop 42 Fund, Account No. 1 1 90 30 356 50/1 77 31 90-0 and Measure I Fund, Account No. 11763035650/1771176-0. RESOLUTION NO. 12-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM FOOTHILL BOULEVARD TO BASE LINE ROAD AND CHURCH STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L11. Approval of Improvement Agreement extension for Tract 17851 & 18708, located on the south side of Banyan Street, east of East Avenue, submitted by K. Hovnanian at Andalusia, LLC. RESOLUTION NO. 12-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR Tract 17851 8 18708 L12. Approval of Improvement Agreement, improvement securities and ordering the annexation to Landscape Maintenance District No.1 and Street Light Maintenance District Nos. 1 and 2 for DRC2011-00645, located at 8772 Red Hill Country Club Drive, submitted by Laszlo and Maureen Vass. RESOLUTION NO. 12-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR D RC2011-00645 RESOLUTION NO. 12-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR DRC2011-00645 RESOLUTION NO. 12-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR DRC2011-00645 Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 6 of 10 RESOLUTION NO. 12-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2011-00645 L13. Adoption of Resolution supporting the transfer of Ontario International Airport (ONT) to local control. RESOLUTION NO. 12-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL L14. Authorization to advertise the "Notice Inviting Bids" for the Freedom Courtyard Project to be funded from various accounts. RESOLUTION NO. 12-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FREEDOM COURTYARD PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L15. Approval of appointments for City and Fire Protection District representatives to the Oversight Board as a result of AB X1 26 regarding the elimination of Redevelopment. L16. Approval to appropriate $19,376.77 from State Asset Seizure Fund Reserves into Account No. 1195701-5603 (Capital Outlay-Equipment) to upgrade the current Segway Fleet and to purchase two (2) additional Segways. MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised andlor posted as public hearings as required by law. The President will open the meeting to receive public testimony. M1. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Home & Land, LLC - APN 0208-091-56 & 57 8 0207-101-48 -Annexation No. 12-1) located on the north side of San Bernardino Road, west of Vineyard Avenue to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualifed electors. Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 7 of 10 RESOLUTION NO. FD 12-014 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Chief Bell presented the staff report. President Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Buquet, seconded by Spagnolo to adopt Resolution No. 12-014. Motion carried 5-0. N. 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. N1. DEVELOPMENT AGREEMENT AMENDMENT DRCDA 01-01 - BCA DEVELOPMENT INC. - A proposed amendment to Development Agreement DA01-01 to amend Section 1. B. Term, to extend the Development Agreement term an additional 5 years (May 16, 2017) for an approved project of 632 single-family units on approximately 248 acres of land generally located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue within the Etiwanda North Specifc Plan area. Related Files: Tentative Parcel Map SUBTPM15699 and Tentative Tract Map SUBTT16226 and SUBTT16227. Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by the County of San Bernardino Board of Supervisors in 1991 and Supplemental Environmental Impact Report certifed by the City of Rancho Cucamonga in July 2001, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report. ORDINANCE NO. 852 (First reading) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT TO DEVELOPMENT AGREEMENT 01-01, FOR A DEVELOPMENT PROJECT CONSISTING OF A MAXIMUM OF 632 RESIDENTIAL LOTS IN THE LOW DENSITY RESIDENTIAL DISTRICT (2-4DWELLING UNITS PER ACRE), GENERALLY LOCATED BETWEEN DAY CREEK CHANNEL AND EAST AVENUE, NORTH OF 25TH STREET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-071-37, 47, 48, 50, AND-51, 225-081-09, 14, AND 15. Mayuko Nakajima, Assistant Planner, presented the staff report. Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 8 of 10 In response to Council Member Buquet, Ms. Nakamina confirmed that this request would not change the unit type or product that was previously approved. Mayor Michael opened the public hearing. Ben Anderson indicated that he is the developer of this property. Everything has been done in accordance with the regulations and on a timely basis. Mr. Anderson noted that the economic cycle has been tough and requested the approval of an extension. Mayor Michael closed the public hearing. MOTION: Moved by Buquet, seconded by Williams, to take up Ordinance No. 852 for first reading and set second reading for March 21, 2012. Motion carried 5-0. O. COUNCIL BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander welcomed Mayor Pro Tem Spagnolo back after his recent illness. He noted that Jeri Lee has also underwent surgery and is now home recovering. Council Member Williams indicated that she attended the State of the San Bernardino County Schools event and spoke about the representation of various Rancho Cucamonga schools during the presentation. Mayor Michael noted that Dr. Raymond W. Wolfe has been appointed Executive Director of San Bernardino County Association of Governments. 02. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Spagnolo noted the introduction of SB 986, which would allow local agencies to move forward with critical projects funded by redevelopment bonds. This bill is set to be heard by the Senate Committee on Governance and Finance on March 21, 2012. Mayor Pro Tem Spagnolo addressed SAFETEA-LU, which is the nation's largest surface transportation funding program. Just days before the current extension of the federal SAFETEA- LU transportation funding expires, progress on successor legislation has come to a halt in the House and slowed down considerably in the Senate. Lastly, he noted that Congressman David Dreier has announced retirement, indicating last week that he would not seek re-election. Mayor Pro Tem Spagnolo thanked Congressman Dreier for a wonderful working relationship and wished him the best of luck in his future endeavors. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 9 of 10 Q. ADJOURNMENT Mayor Michael adjourned the meeting at 8:30 p.m. in the memory of Jack Williams. Re °pectf/ully subm, i~tted/ 'L ~ Y Debr L. McKay, MMC Assistant City Clerk/Records Manager Approved: March 21, 2012 Fire Protection District, Financing Authority, City Council Minutes March 7, 2012 -Page 10 of 10