HomeMy WebLinkAbout2013/02/20 - Minutes - CC, Fire, SA February 20, 2013
RANCHO CUCAMONGA
CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY
CLOSED SESSION AND REGULAR MEETINGS
MINUTES
A. CALL TO ORDER
The Rancho Cucamonga City Council and Successor Agency held a closed session on
Wednesday, February 20, 2013 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 Members: Bill Alexander, Marc Steinorth, Diane Williams and Mayor L.
Dennis Michael. Mayor Pro Tern Sam Spagnolo was absent.
Also present were: John Gillison, City Manager; City Attorney James Markman, Linda Daniels,
Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff
Bloom, Deputy City Manager/Economic and Community Development.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I
The following closed session items were considered:
D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED 9901 FERON;
NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF
RANCHO CUCAMONGA, HOUSING SUCCESSOR AGENCY; AND REBECA DENNIS
FOR NORTHTOWN HOUSING DEVELOPMENT CORPORATION, REGARDING PRICE
AND TERMS — SUCCESSOR
D2. PUBLIC EMPLOYEE PERFORMANCE ELALUATION PER GOVERNMENT CODE
SECTION 54957 (TITLE: CITY MANAGER)
D3. CONFERENCE WITH LEGAL 'COUNSEL - ANTICIPATED LITIGATION PURSUANT
GOVERNMENT CODE SECTION 54956.9(B)— NUMBER OF CASES: 1 - CITY
D4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A) — CITY OF RANCHO CUCAMONGA VS.
CHARTER COMMUNICATIONS ENTERTAINMENT II, LLC, CASE NO. CIVRS1209807
— CITY
D5. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7175
GREEN GLEN COURT AND IDENTIFIED AS APN 0227-012-01; NEGOTIATING
PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC
ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO
CUCAMONGA; AND PROPERTY OWNERS, JAMES M. TAMAYO AND THEIR
DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY
INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE
ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER
TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.—
CITY
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting— February 20, 2013- Page 1 of 11
D6. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13089
FALLING OAK DRIVE AND IDENTIFIED AS APN 0227-693-54; NEGOTIATING
PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC
ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO
CUCAMONGA; AND PROPERTY OWNERS, GERALD LOPEZ AND DANNELLE R.
CARPIO AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF
REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15
AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE
CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE
AUTHORITY. — CITY
D7. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13079
FALLING OAK DRIVE AND IDENTIFIED AS APN 0227-693-55; NEGOTIATING
PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON WELDAY, TRAFFIC
ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER, CITY OF RANCHO
CUCAMONGA; AND PROPERTY OWNERS, VICTOR CAMPOS AND ROSENDA
PEREZ AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF
REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15
AND BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE
CITY MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE
AUTHORITY.— CITY
D8. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539
BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-
01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON
WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER,
CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, TESORO SIERRA
PROPERTIES, LLC AND THEIR DESIGNATED REPRESENTATIVES REGARDING
PRICE OF REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE
INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT AND
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AGREEMENTS WITHIN
•
THE APPROVED PURCHASE AUTHORITY.— CITY
D9. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13479
BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-
02; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON
WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER,
CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS,
PACIFIC/COSTANZO/LEWIS-FONTANA, A CALIFORNIA GENERAL PARTNERSHIP,
AND THEIR DESIGNATED REPRESENTATIVES REGARDING PRICE OF REAL
PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND
BASE LINE ROAD INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY
MANAGER TO EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE
AUTHORITY .— CITY
D10. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7391 EAST
AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-08;
NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, JASON
WELDAY, TRAFFIC ENGINEER AND WALTER STICKNEY, ASSOCIATE ENGINEER,
CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, RICHARD P. CHADO,
DARLENE L. CHADO, AND ANTHONY C. CHADO AND THEIR DESIGNATED
REPRESENTATIVES REGARDING PRICE OF REAL PROPERTY INTERESTS TO BE
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting—February 20, 2013- Page 2 of 11
ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD
INTERCHANGE PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO
EXECUTE AGREEMENTS WITHIN THE APPROVED PURCHASE AUTHORITY.— CITY
IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No persons were present wishing to speak.
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, Successor Agency, 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, Marc Steinorth,
Diane Williams and President/Chairman/Mayor L. Dennis Michael. Vice PresidentNice
Chairman/Mayor Pro Tem Sam Spagnolo was absent.
Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels,
Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services; Jeff
Bloom, Deputy City Manager/Economic and Community Development; Mark Steuer, Director of
Engineering Services; Trang Huynh, Building & Safety Services Director; Bill Wittkopf, Public
Works Services Director; Fire Chief Mike Bell; Nettie Nielsen, Community Services Director;
Tamara Layne, Finance Director; Jim Frost, City Treasurer; Debra McNay, Assistant City
Clerk/Records Manager and Adrian Garcia, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Recognition of the Santa Barbara Townhome Community for joining the Rancho
Cucamonga Green Business Recognition Program.
Mayor Michael presented certificates of recognition to the Santa Barbara Townhome Community
for joining the Green Business Recognition Program.
H2. Proclamation for Engineers Week.
Mayor Michael presented a proclamation to Mark Steuer, City Engineer, and Matthew Addington,
President of the San Bernardino and Riverside Counties Branch of ASCE in recognition of
Engineer's Week.
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting — February 20, 2013- Page 3 of 11
H3. Proclamation declaring February, 2013 as American Heart Month.
Mayor Michael presented a proclamation declaring February as American Hearth Month to
Yasmine Jabsheh, volunteer with the American Heart Association.
I. PUBLIC COMMUNICATIONS
It Dana Keithly spoke about King, a dog who was housed at the Animal Care and Adoption
Center. King swallowed pieces of an e-collar and eventually died from a punctured intestine. Ms.
Keithly indicated that no one looked back on the notes or sought a second opinion on the dogs
condition. She indicated that the volunteers are needed to speak for the animals.
12. Jennifer Corso noted that she was one of the volunteers who were dismissed in 2012. She
indicated that the dismissal was retaliation for being an advocate for the animals. Ms. Corso stated
that there were volunteer-run programs at the Center and the no-kill program was underway prior
to the new Director.
13. Susan Keithly referenced a comment made in the Daily Bulletin that the conduct of the Animal
Care and Services Center was a fair topic for discussion. She requested that this matter be placed
on a future agenda or scheduled for a town hall meeting. Ms. Keithly did not believe that all options
are being explored before an animal is euthanized. She stated that more animals have died in
2012 and questioned the number of volunteers at the facility.
14. Marla Tauscher reported that the City Clerk's office has requested a $720 deposit before she
can access any records. She noted that the Community Foundation is collecting donations for the
Animal Care and Services Center. As the Foundation was not formed for this purpose, she
indicated that this practice borders on false advertising. In closing, Ms. Tauscher reiterated her
request for records.
15. Dana Keithly spoke on behalf of Vicky Reaust. She referenced a fulfilled public record request
for volunteer hours. When the data was analyzed, there are only about 79 active volunteers (not
150). If the community is told that there are 150 volunteers, people will not show up to volunteer at
the facility.
16. Jeane Ensley urged the City Council to remember the United States Constitution. The City has
already violated the First Amendment by adopting the parade and assembly Ordinance. People
can not light a wood burning stove without getting a ticket. She opposed the placement of cameras
in Rancho Cucamonga.
17. Michael Kelly objected to installing surveillance cameras at Victoria Gardens. He did not
believe that the amount of crime warranted such cameras and indicated that it was a waste of
money.
18. Janet Walton offered a prayer for the City Council and the audience.
19. Glynda Perrotte spoke in opposition to the video surveillance cameras. She indicated that
London uses cameras and a study has been done that after nine years there has been no impact
to the amount of crime. Chicago has 500 cameras and has the highest death rate. Ms. Perrotte
asked the Council to reconsider.
110. Jim Heitman invited the community to the Mayor's State of the City address, which will be held
on February 27, 2013 at Central Park.
111. Luana Hernandez reported that the Route 66 IECA has purchased the historic gas station.
She announced a ribbon cutting ceremony on March 20, 2013 at 1:00 p.m. Also, she reported that
the community is working very hard to preserve the China House.
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting — February 20, 2013 - Page 4 of 11
•
112. Mike Rossiter indicated that Ordinance Nos. 849 and 851 are a violation of the First
Amendment. He noted the questionable actions of the City with the recent approval of red light
cameras.
113. Heather Rouhana, representing Congressman Miller, introduced herself and indicated that
she is available to assist the community.
114. John Lyons stressed the need for heart awareness. He offered condolences to the Sheriffs
Department in the recent loss of Detective Jeremiah MacKay and commended the Department for
catching murder suspect Christopher Dorner.
115. Gwyn Frost requested that Item M12 (Johnston House) be removed from the Consent
Calendar so that an oral report can be provided.
116. Christopher Padia commented on his previous experience as a surveillance operator, security
agent and volunteer. He spoke against the installation of video cameras and inquired if the City
was willing to place a limit on how long a single citizen would be monitored. He recommended that
the funding be used for a different purpose, such as CPR or First Aide.
117. Bill Hanlon stated that the camera locations should be noted as a matter of public record. He
stated that these cameras were invasive and unnecessary. Also, Mr. Hanlon did not believe that
the public should pay to see the State of the City address.
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: February 6, 2013 (Regular Meeting)
J2. Approval of Check Register dated January 30, 2013 through February 12, 2013, for the
total amount of$85,493.98.
J3. Approve to receive and file current Investment Schedule as of January 31, 2013.
J4. Approval to adopt annual Statement of Investment Policy.
J5. Approval of various actions related to the purchase of desktop, notebook and related
computer equipment, integration and disposition services, and software. (Removed from
the agenda)
Executive Director Gillison removed Item J5 from the agenda.
MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in
the staff reports. Motion carried 4-0-1-0 (Spagnolo absent).
K. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY
K1. Approval of a Resolution authorizing the executing of a modification agreement to extend
loan terms and authorizing subordination for the refinance of the Villa Del Norte
Development.
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting— February 20, 2013- Page 5 of 11
RESOLUTION NO. 13-020
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF MODIFICATION AGREEMENT TO EXTEND
LOAN TERM AND AUTHORIZING SUBORDINATION OF
INTERESTS TO DEEDS OF TRUST SECURING
CONSTRUCTION AND PERMANENT LOANS FOR THE
REFINANCE OF THE VILLA DEL NORTE DEVELOPMENT
AND RELATED MATTERS
MOTION: Moved by Williams, seconded by Steinorth, to approve the staff recommendation in the
staff report. Motion carried 4-0-1-0 (Spagnolo absent).
IL. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
L1. Approval of Minutes: February 6, 2013(Regular Meeting)
MOTION: Moved by Williams, seconded by Steinorth, to approve the minutes. Motion carried 4-0-
1-0 (Spagnolo absent).
M. CONSENT CALENDAR - CITY COUNCIL
Ml. Approval of Minutes: February 6, 2013 (Regular Meeting)
February 6, 2013 (Special Meeting)
M2. Approval of Check Register dated January 30, 2013 through February 12, 2013 and
payroll ending February 12, 2013 for the total of$2,569,720.17.
M3. Approval to receive and file current Investment Schedule as of January 31, 2013.
M4. Approval to adopt Annual Statement of Investment Policy.
M5. Authorization to award the purchase of one (1) one ton Compressed Natural Gas
Powered DRW Landscape Bed Truck from Reynolds Buick, of Covina, California, in
accordance with Request for Bids ("RFB") #12/13-007 (Replacing Unit #2131) in the
Amount of $47,000.00 from Acct. No. 1105208-5604 (AB2766 Air Quality Improvement);
and authorize an additional appropriation in the amount of $9,689.74 from Fund 105 fund
balance.
M6. Accept the bids received, award and authorize the execution of a contract in the amount
of $134,720.00 for the removal and replacement of existing paseo lighting fixtures within
LMD-4R and the removal and replacement of existing park lighting fixtures at Garcia
Park, Coyote Canyon Park and Spruce Avenue Park with energy efficient lighting to the
lowest responsive bidder, J. Kim Electric, Inc. of Fullerton and authorize the expenditure
of a 15% contingency in the amount of $20,200.00, for the "LMD-4R and Garcia Park
Lighting Retrofit" project to be funded from Account No. 1134303-5650/1716134-0 (LMD
4)and Account No. 1139303-5300/0-6963 (LMD 9).
M7. Approval of various actions related to the purchase of desktop, notebook and related
computer equipment, integration and disposition services, and software. (Removed from
the agenda)
M8. Release of Maintenance Guarantee Bond No. 12080030 in the amount of$35,314.49, for
the FY 2011/2012 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets
project, Contract No. 11-140.
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting — February 20, 2013- Page 6 of 11
M9. Approval of Improvement Agreement and Improvement Securities for 11570 Sixth Street
for the installation of a Traffic Signal and related improvements, located at the intersection
of Sixth Street and Richmond Place, submitted by Amphastar Pharmaceuticals, Inc.
RESOLUTION NO. 13-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT
SECURITIES FOR 11570 SIXTH STREET FOR THE
INSTALLATION OF A TRAFFIC SIGNAL
M10. Summary Vacation (SUBVAC221) of 1,347 square feet of existing City right-of-way at
8393 Foothill Boulevard, on the south side of Foothill east of San Bernardino Road —APN
207-571-75, related file: Foothill Boulevard improvement project #800-99-15, from Grove
Avenue to Vineyard Avenue.
RESOLUTION NO. 13-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY
ORDERING THE VACATION OF 1,347 SQUARE FEET OF
EXISTING CITY RIGHT-OF-WAY AT 8393 FOOTHILL
BOULEVARD, ON THE SOUTH SIDE OF FOOTHILL EAST
OF SAN BERNARDINO ROAD (SUBVAC221)—APN 207-571-
75
M11. Approval of FY 2012/13 Midyear Supplemental Budget appropriations.
M12. JOHNSTON HOUSE PURCHASE AND SALE AGREEMENT - DRC2013-00107 - CITY
OF RANCHO CUCAMONGA — Consideration of a Purchase and Sale Agreement for the
acquisition and relocation of the Johnston House, currently located at 6998 Etiwanda
Avenue, APN: 1089-081-20. (Removed for discussion)
RESOLUTION NO. 13-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
JOHNSTON HOUSE AGREEMENT OF PURCHASE AND
SALE DRC2013-00107, LOCATED AT 6998 ETIWANDA
AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT; AND
MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1089-081-20.
M13. Award the purchase of Stainless Steel Cages from Shor-Line, in the Amount of $64,511,
funded from Account Number 1001104-5260 O&M/Animal Care, and authorize staff to
utilize the Shor-Line product as a standard throughout the Rancho Cucamonga Animal
Center.
M14. Approval to receive and file Animal Center statistics for 2012 calendar year and for
January 2013.
M15. Approval of appropriation of COPS Secure Our Schools Grant Remaining Fund Balance
in the amount of $11,000 into Account 1373701-5005 (Overtime Salaries), $5,000 into
Account 1373701-5102(Training) and $20,000 into Account 1373-701-5300 (Overtime for
Sergeants)to Complete Tactical Mapping School Safety Program.
City Manager John Gillison removed Item M7 from the agenda.
Mayor Michael removed Item M12 for discussion.
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting —February 20, 2013- Page 7 of 11
MOTION: Moved by Steinorth, seconded by Williams, to approve the staff recommendations in
the remaining staff reports. Motion carried 4-0-1-0(Spagnolo absent).
M12. JOHNSTON HOUSE PURCHASE AND SALE AGREEMENT - DRC2013-00107 - CITY
OF RANCHO CUCAMONGA — Consideration of a Purchase and Sale Agreement for the
acquisition and relocation of the Johnston House, currently located at 6998 Etiwanda
Avenue, APN: 1089-081-20. (Removed for discussion)
RESOLUTION NO. 13-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
JOHNSTON HOUSE AGREEMENT OF PURCHASE AND
SALE DRC2013-00107, LOCATED AT 6998 ETIWANDA
AVENUE IN THE VERY LOW RESIDENTIAL DISTRICT; AND
MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1089-081-20.
Deputy City Manager Jeff Bloom presented the staff report.
In response to Council Member Williams, Mr. Bloom confirmed that the developer was going to
pay to move the house. Council Member Alexander inquired if we are moving too fast on this
matter. In response, Mayor Michael noted that the agreement is not site specific.
MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in
the remaining staff reports. Motion carried 4-0-1-0 (Spagnolo absent).
N. CONSENT ORDINANCES
The following Ordinances have been introduced for first reading. Second readings are
expected to be routine and non-controversial. The Fire Board, or Council will act upon
them at one time without discussion. The City Clerk will read the title. Any item can be
removed for discussion by a Board Member, or Council Member.
N1. An Ordinance amending the Penalties, Procedures, and Remedies applicable to
Fireworks.
ORDINANCE NO. FD 53 (SECOND READING)
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, AMENDING THE PENALTIES,
PROCEDURES AND REMEDIES APPLICABLE TO FIREWORKS,
INCLUDING DANGEROUS FIREWORKS AND SAFE AND SANE
FIREWORKS, AND FIRE OR LIFE SAFETY VIOLATIONS OF THE
MUNICIPAL CODE, AND AMENDING ORDINANCE NO. FD 45 AND
ORDINANCE NO. FD 50
The Assistant City Clerk/Records Manager read the title of Ordinance No. 53.
MOTION: Moved by Alexander, seconded by Williams, to adopt Ordinance No. FD 53 for second
reading. Motion carried 4-0-1-0 (Spagnolo absent).
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting— February 20, 2013 - Page 8 of 11
0. 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.
01. ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT - DRC2012-
00727 - Homecoming V at Terra Vista, LLC - A request to change the land use
designation from Mixed-Use to Medium High Residential for 19.25 acres located on the
side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista
Community Plan - APN: 0227-151-49 and 50. Related files: Tentative Tract Map SUBTT
18856, Development/Design review DRC2012-00726, and Minor Exception DRC2012-
00759, Staff has prepared a Mitigated Negative Declaration of the environmental impacts
for consideration. (Continued from February 6, 2013, City Council Meeting)
RESOLUTION NO. 13-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT DRC2012-00727, A REQUEST TO CHANGE THE
LAND USE DESIGNATION FROM MIXED-USE TO MEDIUM HIGH
RESIDENTIAL FOR 19.25 ACRES LOCATED ON THE SIDE OF
CHURCH STREET BETWEEN MAYTEN AVENUE AND MALAGA
DRIVE WITHIN THE TERRA VISTA COMMUNITY PLAN; AND
MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-151-49
AND 50.
Associate Planner Tabe van der Zwaag presented the staff report.
In response to Mayor Michael, the Associate Planner discussed the parameters of the property
and surrounding uses.
Spencer Bogner from Lewis Development made a PowerPoint presentation on the project.
In response to Council Member Williams, Mr. Bogner discussed how the two planned communities
would interact with each other. He indicated the residents of the older community would not be
able to access amenities in the new community. Council Member Williams encouraged Mr. Bogner
to re-evaluate this matter. Also, Lewis Development's bike program was discussed.
Mayor Michael closed the public hearing.
MOTION: Moved by Williams, seconded by Alexander, to adopt Resolution No. 13-014 approving
General Plan Amendment DRC2012-00727. Motion carried 4-0-1-0 (Spagnolo absent).
02. Consideration of a Resolution to amend electric rates, pursuant to the requirements and
authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code.
RESOLUTION NO. 13-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
ELECTRIC RATES PURSUANT TO THE REQUIREMENTS
AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting—February 20, 2013 - Page 9 of 11
Council Member Steinorth indicated that his business is located within the boundaries of RCMU
and that he has a financial interest in the matter. Council Member Steinorth left the room.
Utility Division Manager Fred Lyn 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 Alexander, seconded by Williams, to adopt Resolution No. 13-018. Motion
carried 3-0-2-0 (Spagnolo and Steinorth absent).
P. CITY MANAGER'S STAFF REPORTS - CITY/FIRE
The following items have no legal publication or posting requirements.
Council Member Steinorth returned to the room.
P1. DRC2012-00766—General Plan Implementation update.
Assistant Planner Mayuko Nakajima presented the staff report.
P2. Receive Mid Year Budget update report.
Tamara Layne, Finance Director, presented the staff report.
In response to Mayor Michael, Mrs. Layne addressed encumbrances in various funds. She
confirmed to Council Member Wiliams that the update would be posted on the City's Internet site.
Q. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Council Member.)
Council Member Williams reported that she attended a meeting today of the Local Agency
Formation Commission for San Bernardino County. She commented on the meeting, stating that
the hearing on the Mountain Region review of road and snow removal has been continued to
March 20th. There was a presentation on the San Bernardino County pension fund and a
legislative report.
Council Member Alexander indicated that he attended the services for Neil Johnson over the
weekend and spoke about his tireless involvement in the community.
R. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting—February 20, 2013 - Page 10 of 11
IS. ADJOURNMENT I
After a moment of silence for Detective Jeremiah MacKay and Officer Michael Crain, the meeting
was adjourned at 9:15 p.m.
Resp ctfully submitted,
Debr L. McNay, MMC
Assists City Clerk/Records Manager
Approved: March 6, 2013
Fire Protection District, Financing Authority, City Council Minutes
Regular Meeting — February 20, 2013- Page 11 of 11