HomeMy WebLinkAbout2012/09/05 - Minutes September 5, 2012
RANCHO CUCAMONGA
CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga City Council, Fire Protection District and Successor Agency held a
closed session on Wednesday, September 5, 2012 in the Tapia Room 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 Mayor L. Dennis Michael.
Present were Council/Board Members: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro
TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael.
Also present were: John Gillison, City Manager; James Markman, City Attorney and Lori Sassoon,
Deputy City Manager.
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 LOCATED AT 9059 SAN BERNARDINO ROAD IN
THE CITY OF RANCHO CUCAMONGA. NEGOTIATING PARTIES: LINDA DANIELS,
ASSISTANT CITY MANAGER AND ORCHARD CAPITAL LP, REGARDING AN
EXISTING LEASE.— SUCCESSOR AGENCY
D2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION PURSUANT
GOVERNMENT CODE SECTION 54956.9(B)—ONE POTENTIAL CASE - CITY
D3. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT
CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN
BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, EXECUTIVE MANAGEMENT,
MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUPS—
CITY
D4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD; NEGOTIATING
PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO
CUCAMONGA; AND LEWIS OPERATING CORPORATION—SUCCESSOR AGENCY
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No persons were present wishing to speak.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
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September 5, 2012 - Page 1 of 8
F. RECESS
The closed session recessed at 6:30 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 President/Vice Chairman/Mayor Pro Tem Sam Spagnolo and
President/Chairman/Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James Markman, City Attorney; Lori Sassoon,
Deputy City Manager/Administrative Services; Bill Wittkopf, Public Works Services Director; Mark
Steuer, Director of Engineering Services; Chris Paxton, Human Resources Director; Trang Huynh,
Building & Safety Services Director; Veronica Fincher, Animal Services Director; Mike Bell, Fire
Chief; Jeff Bloom, Interim Planning Director; Jim Frost, City Treasurer; Debra McNay, Records
Manager/Assistant City Clerk and Adrian Garcia, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a Certificate of Appreciation to Kohl's Cares for their ongoing volunteer
commitment to CSD programs and services.
Mayor Michael presented a certificate of appreciation to Kohl's Cares for their assistance with
CSD programs and services.
H2. Announcement of Playful City USA 2012 Designation for the City of Rancho Cucamonga.
Michael Farmer, Management Aide announced the City's Playful City USA designation.
H3. Announcement of Furry Friends Festival.
Barbara Hansen, Community Programs Specialist announced the upcoming Furry Friends
Festival.
H4. Mediterranean Fruit Fly Update 2012.
Breanna Medina, Management Analyst II, updated the City Council and the audience on the
Mediterranean fruit fly activity.
H5. Check presentation from Inland Empire United Way for the Healthy RC "Bringing Health
Home" Program.
The Inland Empire United Way presented a check to the City Council for the Healthy RC "Bringing
Health Home" Program.
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September 5, 2012- Page 2 of 8
I. PUBLIC COMMUNICATIONS
11. Jim Frost indicated that he visited the Indiana War Memorial Museum and saw a certificate of
recognition from the Ontario City Council in the display regarding the crew of the USS
Indianapolis. He noted the importance of City Council recognition to the families of the military.
12. Gwyn Frost reported that Etiwanda is 130 years old this year. She noted that the Etiwanda
Historical Society manages and maintains the only museum and invited visitors to the museum
every second Saturday from 10:00 to 3:00 p.m.
13. Janet Walton offered a prayer for the City Council and the audience.
14. Victor Muniz distributed information to the City Council regarding Landscape Maintenance
District No. 2. He noted that the voters had spoken and expressed a concern with the decision to
hire a consultant and do another survey of the property owners. He inquired what the City would
do if the vote had been reversed knowing that the property owners were not informed and there
was a low voter turnout. Mr. Muniz requested further information on the cost savings on the
renegotiated contracts and stated that spending $40,000 on a survey is a violation of his
Constitutional rights.
15. Jim Moffatt concurred that the assessment on Landscape Maintenance District No. 2 should be
left alone. He inquired on the scheduling of recognition for the school teachers who hosted the
Rancho Cucamonga High School Remembers Day.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and non-controversial. They
will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time
without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority
Board/Council Member for discussion.
J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT
J1. Approval of Minutes: August 15, 2012 (Regular Meeting)
J2. Approval of Check Register dated August 8, 2012 through August 28, 2012 for the total
amount of$211,104.82.
J3. Approval of plans, specifications and estimates and to authorize the advertising of the
"Notice Inviting Bids" for the Generator Upgrade at the San Bernardino (172), Jersey
(174) and Banyan (175)Stations and the Fire Maintenance Facility.
RESOLUTION NO. FD 12-047
A RESOLUTION OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT BOARD APPROVING PLANS AND
SPECIFICATIONS FOR THE GENERATOR UPGRADE AT THE SAN
BERNARDINO (172), JERSEY (174) AND BANYAN (175) STATIONS
AND THE FIRE MAINTENANCE FACILITY IN THE CITY OF RANCHO
CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
J4. Accept the bids received and award and authorize the execution of the contract in the
amount of $195,089.10, to the lowest responsive bidder, MG Enterprises Inc, and
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September 5, 2012 - Page 3 of 8
authorize the expenditure of a 10% contingency in the amount of $19,508.91, for the
Hellman Fire Station (177) Landscaping Project to be funded from Capital Reserve
Funds, Account No. 3289501-5650/1597289-6314.
MOTION: Moved by Buquet, seconded by Williams, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
K. CONSENT CALENDAR - SUCCESSOR AGENCY
K1. Approval of Minutes: August 15, 2012 (Regular Meeting)
MOTION: Moved by Williams, seconded by Alexander, to approve the minutes. Motion carried 5-
0.
L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
L1. Approval of Minutes: August 15, 2012 (Regular Meeting)
MOTION: Moved by Spagnolo, seconded by Buquet, to approve the minutes. Motion carried 5-0.
M. CONSENT CALENDAR - CITY COUNCIL
M1. Approval of Minutes: August 15, 2012 (Regular Meeting)
August 15, 2012 (Special Meeting)
M2. Approval of Check Register dated August 8, 2012 through August 28, 2012 and payroll
ending August 28, 2012 for the total amount of$11,572,799.58.
M3. Release of Maintenance Guarantee Bond No. 350627P, in the amount of$6,736.00, for the
Citywide Street Name Sign Replacement FY 10/11 Project, Contract No. 2010-145.
M4. Authorization to renew contract (CO 06-180) with ABM Janitorial Services on a month-to-
month basis with no fee increase and consistent with the original competitive bid process
for Fiscal Year 2012-013 for the Cleaning of City-Wide Facilities in an annual amount of
$706,070 ($570,000 Contract Plus $36,070 Extra Work Allowance and $100,000 in
Supplies), to be funded from Account Numbers 1001312-5304 (Facilities Maintenance)
and 1700201-5304 (Sports Complex).
M5. Accept the Public Safety Locker Room Carpet Replacement Project, Contract No. 12-046
As Complete; Release the Bonds; Accept a Maintenance Bond; Approve a 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
$14,480.00.
RESOLUTION NO. 12-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC SAFETY
LOCKER ROOM CARPET REPLACEMENT PROJECT CONTRACT
NO. 12-046 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK.
M6. 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 2012/2017.
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September 5, 2012 - Page 4 of 8
RESOLUTION NO. 12-143
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 2012/2017 AND IMPROVEMENT PLAN EXPENDITURE
STRATEGY FOR THE EXPENDITURE OF MEASURE 'S" FUNDS
MIT Approval of Improvement Agreement and Improvement Securities for removal of interim
Basin appurtenances in Tract 16776, located at the northeast corner of Base Line Road
and Forester Place, submitted by Van Daele Development Corporation.
RESOLUTION NO. 12-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITIES FOR THE
REMOVAL OF INTERIM BASIN APPURTENANCES IN TRACT 16776
M8. Accept the bids received and award and authorize the execution of the contract in the
amount of $2,538,473.10, to the lowest responsive bidder, H&H General Contractors,
Inc., and authorize the expenditure of a 10% contingency in the amount of $253,847.31,
for the Wilson Avenue Extension and Rehabilitation project to be funded from
Transportation Systems Development Funds, Account No. 11243035650/1515124-0;
Drainage Etiwanda/San Sevaine, Account No. 11143035650/1515114-0; Citywide
Infrastructure Improvements Account, Account No. 11983035650/1515198-0; and
Measure I, Account No. 11763035650/1721176-0; authorize the following appropriations:
$2,143,000.00 Transportation Systems Development Funds, Account No.
11243035650/1515124-0; $495,000.00 Drainage Etiwanda/San Sevaine, Account No.
11143035650/1515114-0; $138,500.00 Citywide Infrastructure Improvements, Account
No. 11983035650/1515198-0; and $307,000.00 Measure I, Account No.
11763035650/1721176-0, for aforementioned construction contract and for soils and
material testing, right-of-way, and outside services for said project; and authorize the
transfer of a $138,500.00 developer deposit in lieu of construction from Account No.
1882000-2314 into the Citywide Infrastructure Improvements Fund Account No. 1198000-
4923 to partially fund the project.
M9. Summary Vacation (V-219) of the 100-foot wide temporary drainage easement and
maintenance agreement as shown on-site within portions of Parcels 1 and 2 of Parcel
Map 7267, generally located at the northwest corner of Foothill Boulevard and Rochester
Avenue—APN 227-151-38, 42, 43, 54 &55.
RESOLUTION NO. 12-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE
VACATION OF THE 100-FOOT WIDE TEMPORARY DRAINAGE
EASEMENT AND MAINTENANCE AGREEMENT AS SHOWN ON-
SITE WITHIN PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP
7267, GENERALLY LOCATED AT THE NORTHWEST CORNER OF
FOOTHILL BOULEVARD AND ROCHESTER AVENUE
M10. Approval of a Resolution of the City Council of the City of Rancho Cucamonga certifying
the Rancho Cucamonga Municipal Utility 2011 Power Source Disclosure Program Annual
Report and Power Content Label.
RESOLUTION NO. 12-146
Fire Protection District, Financing Authority, City Council Minutes
September 5, 2012 - Page 5 of 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA CERTIFYING THE RANCHO CUCAMONGA
MUNICIPAL UTILITY 2011 POWER SOURCE DISCLOSURE
PROGRAM ANNUAL REPORT AND POWER CONTENT LABEL
M11. Release of Maintenance Guarantee Bond No. 7621924 in the amount of $41,353.25, for
the Fiscal Year 2010/2011 Local Street Pavement Rehabilitation Overlay of Various
Streets project, Contract No. 11-026.
M12. Release of Maintenance Guarantee Bond in the amount of $27,158.24, for the FY
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.
M13. Approval of Improvement Agreement extension for Tract 16867, located westside of
Etiwanda Avenue, north of 210 Freeway, submitted by Etco Investments, LLC.
RESOLUTION NO. 12-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 16867.
M14. Approval of an Ordinance authorizing an amendment to the contract between the Board
of Administration of the California Public Employees' Retirement System and the City
Council of the City of Rancho Cucamonga. (Pulled for Discussion and Considered as
Item N2)
ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA EXCLUDING FUTURE ELECTED
OFFICIALS FROM CALPERS MEMBERSHIP
MOTION: Moved by Williams, seconded by Spagnolo, to approve the remaining staff
recommendations in the staff reports. Motion carried 5-0.
N. CITY MANAGER'S STAFF REPORTS - CITY
The following items have no legal publication or posting requirements.
N1. City-Chamber Update on Economic Development Programs and Services, including 2012
Inland Empire West End Job Fair(Oral Report)
John Gillison, City Manager; Jeff Bloom, Interim Planning Director and Flavio Nunez, Management
Analyst I presented the staff report. Also speaking were Christine Pham with the Chamber of
Commerce and Dan Spitzer with Evolution Fresh.
Council Member Buquet noted that economic development activities are still occurring in Rancho
Cucamonga. Mayor Pro Tern Spagnolo concurred, noting that leadership in the Chamber of
Commerce attributed to keeping the momentum going.
Council Member Alexander pointed out the need to keep the community involved in the process as
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September 5, 2012- Page 6 of 8
there are still things that can be improved upon.
Council Member Williams indicated that the City is a good place for business, noting that the City
has historically been aware of the need to work with the business community.
Mayor Michael noted the steps that have been taken to make the process less bureaucratic and
more business friendly while not sacrificing quality.
N2. M14. Approval of an Ordinance authorizing an amendment to the contract between the
Board of Administration of the California Public Employees' Retirement System and the
City Council of the City of Rancho Cucamonga. (Pulled for Discussion and Considered
as Item N2)
ORDINANCE NO. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA EXCLUDING FUTURE ELECTED
OFFICIALS FROM CALPERS MEMBERSHIP
Chris Paxton, Human Resources Director presented the staff report.
In response to Mayor Michael, Mr. Paxton confirmed that existing members in PERS can not be
excluded from membership and that future City Councils could reverse this action and become
members again.
MOTION: Moved by Buquet, seconded by Williams, to adopt Ordinance No. 856. Motion carried
5-0.
O. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Council Member.)
No announcements were made.
02. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Mayor Pro Tern Spagnolo reported that the Legislature completed its work for the 2011-12
legislative session and has sent a number of bills to the Governor's desk for signature. The
Governor has until September 30th to sign, veto, or take no action, which would result in a bill
automatically becoming law.
He indicated that the California Legislature approved pension reform last Friday. Several of the
items outlined in this bill have already been implemented in many California cities over the last
several years, including the requirement for employees to contribute towards the cost of their
pension benefits and averaging the last three years of employment to calculate the final
compensation. This bill is currently on the Governor's desk and is expected to be signed into law
before the September 30th deadline.
Mayor Pro Tern Spagnolo noted that Congress is currently in recess and will return to session on
September 10th. The only item that will be taken up before the November election is the approval
of a six-month Continuing Resolution, which would continue to fund the federal government at
Fiscal Year 2012 levels through March 2013.
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September 5, 2012- Page 7 of 8
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Michael noted that with the recent approval of the Development Code, several items
needed to be studied. He requested a report on this matter including what input has been received
from the business community and a timeline on when these items would be considered.
Q. ADJOURNMENT
Mayor Michael adjourned the meeting at 8:36 p.m. in the memory of Joshua Garcia, Honorary RC
Firefighter and Detective Martin Landaeta.
R pectfully submitted,
- /- 1 �
De a L. McNay, MMC
Assistant City Clerk/Records Manager
Approved: September 19, 2012
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