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HomeMy WebLinkAbout2014/02/05 - Minutes - Special / Regular February 5, 2014 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY SPECIAL AND REGULAR CLOSED SESSION, SPECIAL AND REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council, Housing Successor Agency and Fire Protection District held a special and regular closed session on Wednesday, February 5, 2014 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 4:30 p.m. by Mayor L. Dennis Michael. Present were Council/Fire Protection District/Successor Agency Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro Tem/Vice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney James Markman; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development and Lori Sassoon, Deputy City Manager/Administrative Services. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP, THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 2274, THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP– CITY, FIRE D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956. 8 FOR PROPERTY GENERALLY LOCATED AT 9775 MAIN STREET, EAST OF ARCHIBALD AVENUE AND ON THE SOUTH SIDE OF MAIN STREET AND 8845 RAMONA AVENUE EAST OF ARCHIBALD AVENUE AND SOUTH OF FERON BOULEVARD; NEGOTIATING PARTIES: LINDA D. DANIELS. ASSISTANT CITY MANAGER. CITY OF RANCHO CUCAMONGA; AND DEBI MYERS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION — HOUSING SUCCESSOR AGENCY D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT 13449, 13549, 13603, 13610 AND 13757 WILSON AVENUE AND IDENTIFIED AS SAN BERNARDINO ASSESSOR'S PARCEL NUMBERS 0225-131- 05, -06, -07; 1087-081-29, -30; AND 0226-101-01, RESPECTIVELY. NEGOTIATING PARTIES ARE WALTER STICKNEY, ASSOCIATE ENGINEER AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE CITY AND MARILEE RENDULICH AND THOMAS WILLIAMS ON BEHALF OF San Bernardino COUNTY FLOOD CONTROL DISTRICT. UNDER NEGOTIATION: PRICE AND TERMS. – CITY D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT SOUTHEAST AND SOUTHWEST CORNERS OF UNIMPROVED WILSON AND EAST AVENUES AND IDENTIFIED AS SAN BERNARDINO ASSESSOR'S PARCEL NUMBERS 0225-122-04 AND 0225-131-20, February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 1 of 15 RESPECTIVELY. NEGOTIATING PARTIES ARE WALTER STICKNEY, ASSOCIATE ENGINEER AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE CITY AND JEFFREY WYNN ON BEHALF OF METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. UNDER NEGOTIATION: PRICE AND TERMS. — CITY D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT 5747 EAST AVENUE AND IDENTIFIED AS SAN BERNARDINO ASSESSOR'S PARCEL NUMBER: 0225-131-21. NEGOTIATING PARTIES ARE WALTER STICKNEY, ASSOCIATE ENGINEER AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE CITY AND JEFFREY L. PIERSON, ASSET MANAGER ON BEHALF OF INTEX PROPERTIES INLAND EMPIRE CORPORATION. UNDER NEGOTIATION: PRICE AND TERMS. — CITY D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT 5734 EAST AVENUE AND IDENTIFIED AS SAN BERNARDINO ASSESSOR'S PARCEL NUMBER: 0225-122-05. NEGOTIATING PARTIES ARE WALTER STICKNEY, ASSOCIATE ENGINEER AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE CITY AND JUDITH LIU ON BEHALF OF NEPTUNE INVESTMENT GROUP, INC. UNDER NEGOTIATION: PRICE AND TERMS. — CITY IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I Two representatives from Northtown Housing Development Corporation expressed their appreciation for the opportunity to work with the Housing Successor Agency and the City. E. CITY MANAGER ANNOUNCEMENTS I No announcements were made. F. RECESS I CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The closed session recessed at 5:30 p.m. with no action taken. G. SPECIAL MEETING OF THE CITY COUNCIL ONLY I The Rancho Cucamonga City Council held a special meeting on Wednesday, February 5, 2014 in the City Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:39 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney James Markman; and Debra McNay, Assistant City Clerk/Records Manager. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 2 of 15 H. ITEMS OF BUSINESS H1. PRESENTATION OF CERTIFICATES OF RECOGNITION TO CITY OF RANCHO CUCAMONGA YOUTH FLAG FOOTBALL TEAM AND RC POP WARNER FOOTBALL& CHEERLEADING a. City of Rancho Cucamonga Chargers— League Champions Southern California Municipal Athletic Federation (SCMAF) Consolation Bracket Champions Mayor Michael presented certificates of achievement to the Chargers and congratulated them on their efforts. b. Midget Panthers - Mount Baldy Conference Champions Qualified for Regional Playoffs Mayor Michael presented certificates of achievement to the Midget Panthers and congratulated them on their efforts. c. Jr. Midget Braves- Mount Baldy Conference Playoffs As only one team member was present, Mayor Michael presented a certificate of achievement to the Jr. Midget Braves and congratulated him on his effort. d. Jr. Midget Eagles - Mount Baldy Conference Playoffs Mayor Michael presented certificates of achievement to the Jr. Midget Eagles and congratulated them on their efforts. e. Pee Wee Wolverines - Mount Baldy Conference Champions Qualified for Regional Playoffs Mayor Michael presented certificates of achievement to the Pee Wee Wolverines and congratulated them on their efforts. f. Jr. Pee Wee Jaguars - Mount Baldy Conference Playoffs Mayor Michael presented certificates of achievement to the Jr. Pee Wee Jaguars and congratulated them on their efforts. g. Midget Panthers Cheerleading - 1" Place in Mount Baldy Conference 3rd Place in Regional Cheer Competition Mayor Michael presented certificates of achievement to the Midget Panther Cheerleaders and congratulated them on their efforts. h. Pee-Wee Wolverine Cheerleading -2nd Place Mount Baldy Cheer Competition Mayor Michael presented certificates of achievement to the Pee Wee Wolverine Cheerleaders and congratulated them on their efforts. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes J Page 3 of 15 I. RECESS I 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 6:30 p.m. J. 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, Vice PresidentNice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Bill Wittkopf, Public Works Services Director; Trang Huynh, Building & Safety Services Director; Candyce Burnett, Planning Manager; Mark Steuer, Engineering Director; Nettie Nielsen, Community Services Director; Fire Chief Mike Bell; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. K. ANNOUNCEMENTS/PRESENTATIONS K1. Administration of Oaths of Office to newly re-appointed Rancho Cucamonga Planning/Historic Preservation Commissioners Richard Fletcher and Francisco Oaxaca. Mayor Michael administered the Oaths of Office to Commissioners Richard Fletcher and Francisco Oaxaca. K2. Presentation of Proclamation declaring February 7, 2014 as the American Heart Association's "Go Red" Day. As the representative was not present, Mayor Michael read the presented a proclamation. 1 L. PUBLIC COMMUNICATIONS L1. Tressy Capps indicated that the Etiwanda School Board has agreed to restore busing on a trial basis for two months. She indicated that she was concerned for student safety as there was another accident today and asked that the Wilson Avenue extension be completed as soon as possible. L2. Daniel To noted that the Fish and Wildlife staff have agreed that they won't require rolled curbs. He stated that rolled curbs do not provide protection to the many children walking in that area. Installing signs do not fix the problem and he inquired when the traffic delineator would be installed. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 4 of 15 L3. Michael Richardson wondered how long the project would take if the necessary mitigation measures are not approved. L4. Tina Gilfry invited the City Council and the audience to the 2014 Library Telethon, to be held on March 1 & 2, 2014. L5. Allison Kreider spoke about the five hour minimum for volunteers, noting that there is no reference to this minimum in various City documentation. She requested that she be placed back on the active list. L6. Dana Keithly expressed a concern with a supervisor providing alcohol to minors, showed a photograph and wondered if a proper investigation would occur. L7. Susan Keithly was concerned that the City Council wouldn't meet with them and was ignoring the facts. L8. Greg Harman expressed a concern with a thrift store that is placing excess donations into the dumpster. L9. Nicole Myerchin noted that arbitrary new policies are being put in place at the Animal Care and Adoption Center that are moving away from the No Kill goal. L10. Jim Heitman announced various events hosted by the Rancho Cucamonga Chamber of Commerce. • L11. James McGuire indicated that he contacted the Police Department to find out the crime rate and no one was able to tell him. L12. John Lyons indicated that the three major health concerns for women are heart disease, lung cancer and breast cancer. He encouraged everyone to microchip their pet and noted that the previous speakers just want to complain about everything. The City has a balanced budget and is well managed. L13. David Matzu, from Assembly member Mike Morrell's office, spoke after Item R1. He announced the upcoming Patriots of the Past event, to be held on March 14, 2014, Mayor Michael requested that Item R1 (West-side Assessment Districts) be moved to an Administrative Hearing item to accommodate the audience. MOTION: Moved by Spagnolo, seconded by Williams, to move Item R1 to Administrative Hearings. Motion carried 5-0. 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. M. CONSENT CALENDAR - FIRE PROTECTION DISTRICT I M1. Approval of Minutes: January 15, 2014 (Regular Meeting) M2. Approval of Check Register dated January 7, 2014 through January 28, 2014 for the total of $359,748.65. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 5 of 15 M3. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the Vehicle Exhaust Removal System Replacement at various Fire District facilities, to be Funded from Account No. 3288501-5650/5602 288 RESOLUTION NO. FD 14-002 A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD APPROVING PLANS AND SPECIFICATIONS FOR THE VEHICLE EXHAUST REMOVAL SYSTEM REPLACEMENT AT VARIOUS FIRE DISTRICT FACILITIES IN THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M4. Acceptance by the Rancho Cucamonga Fire Protection District of the transfer of title and interest from the Successor Agency to the Rancho Cucamonga Redevelopment Agency of certain real property commonly known as the Fire Station #172 relocation site and the Fire Administration site. MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. N. CONSENT CALENDAR - SUCCESSOR AGENCY N1. Adoption of Resolution No. 14-007 of the Successor Agency to the Rancho Cucamonga Redevelopment Agency to transfer to the City of Rancho Cucamonga all of its rights, title and interest to certain real property commonly known as the Southwest Cucamonga Park site. RESOLUTION NO. 14-007 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY DIRECTING THE CONVEYANCE TO THE CITY OF RANCHO CUCAMONGA OF CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF MADRONE AVENUE AND NORTH OF NINTH STREET AND MORE COMMONLY KNOWN AS THE SOUTHWEST CUCAMONGA PARK SITE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5(c)(2). N2. Adoption of Resolutions No. 14-008 and 14-009 of the Successor Agency to the Rancho Cucamonga Redevelopment Agency to transfer to the Rancho Cucamonga Fire Protection District all of its rights, title and interest to certain real properties commonly known as the Fire Station #172 relocation site and the Fire Administration site. RESOLUTION NO. 14-008 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY DIRECTING THE CONVEYANCE TO THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF CERTAIN REAL PROPERTIES LOCATED AT 9547 AND 9561 SAN BERNARDINO ROAD AND MORE COMMONLY KNOWN AS THE FIRE STATION #172 RELOCATION SITE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5(c)(2). RESOLUTION NO. 14-009 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY DIRECTING THE CONVEYANCE TO THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF UTICA AVENUE AND CIVIC CENTER DRIVE AND MORE COMMONLY KNOWN AS THE FIRE ADMINISTRATION SITE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5(c)(2). February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 6 of 15 MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. IO. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY 01. Approval of Minutes: January 15, 2014 (Regular Meeting) MOTION: Moved by Williams, seconded by Alexander, to approve the minutes. Motion carried 5-0. P. CONSENT CALENDAR - CITY COUNCIL P1. Approval of Minutes: January 15, 2014 (Regular Meeting) P2. Approval of Check Register dated January 7, 2014 through January 28, 2014 and payroll ending January 28, 2014 for the total of$7,348,254.60. P3. Approval of a Resolution of the City Council ratifying the Fire District's 2013 Fire Code Adoption Ordinance. RESOLUTION NO. 14-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RATIFYING ORDINANCE NO. FD 54 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, THE DISTRICT'S ADOPTION BY REFERENCE OF THE 2013 CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES P4. Approval to send unpaid Weed Abatement fees to the County Auditor for inclusion on the Tax Roll. RESOLUTION NO. 14-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING THE ACTUAL COSTS OF WEED AND FIRE HAZARD ABATEMENT FOR EACH SEPARATE PARCEL OF LAND AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 39574, PROVIDING THAT EACH SUCH COST OF ABATEMENT SHALL CONSTITUTE A SPECIAL ASSESSMENT AND LIEN AGAINST EACH LISTED PARCEL OF LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 39577, AND PROVIDING FOR THE FILING OF SAID REPORT WITH THE COUNTY AUDITOR. P5. Acceptance by the City of Rancho Cucamonga of the transfer of title and interest from the Successor Agency to the Rancho Cucamonga Redevelopment Agency of certain real property commonly known as the Southwest Cucamonga Park site. P6. Confirm the City Manager signature and approval of a Professional Services Agreement (Contract No. 14-008), with Pacific Utility Installation in the amount of $100,000 for operation and maintenance, as well as emergency response support related to the electrical infrastructure (high voltage electrical support) throughout the RCMU Service Area for FY 2013/14 to be Funded from 17053035309 and 17053035603 Municipal Utility Funds. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 7 of 15 P7. Approval of a contract between NEC Corporation of America and the City of Rancho Cucamonga for Telephone System Maintenance and Support Services for Fiscal Year 2013/14, in the amount of$85,620, and a contingency in the amount of$13,240, to be funded from Account No. 1001217-5300 (Contract Services). P8. Release of Maintenance Bond No. 024035938-M in the amount of $8,945 for the Illuminated Street Name Sign Replacement Phase 3— FY 11/12, Contract No. CO 12-045. P9. Approval of Agreement for Acquisition of Real Property and Joint Escrow Instructions with Gerald Lopez and Dannelle R. Carpio for acquisition of right-of-way located at 13089 Falling Oak Drive in the City of Rancho Cucamonga (APN 0227-69354) needed for the 1-15 at Base Line Road/Baseline Avenue Interchange Improvements Project. P10. Release of Maintenance Guarantee Bond for Tract 17382, located on the east side of Center Avenue between Arrow Route and 26th Street, submitted by William Lyons Homes, Inc. P11. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 17651, located at the south side of Banyan Street, east of East Avenue, submitted by K. Hovnanian at Andulusia, LLC. RESOLUTION NO. 14-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17651 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK P12. 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. 14-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16324 P13. Approval of disposition of City-owned property, Lot"C" of Tract 16128, located on the east side of San Carmela Court, north of Base Line Road, submitted by D.R. Horton Los Angeles Holding Company, Inc. RESOLUTION NO. 14-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN TO THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT"A' AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN P14. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Storm Drain Improvements for Tract 18826, located on the south side of Lima Drive, west of East Avenue, submitted by Van Daele Development Corporation. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 8 of 15 RESOLUTION NO. 14-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18826 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK P15. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 18826, located on the south side of Lima Drive, west of East Avenue, submitted by Van Daele Development Corporation. RESOLUTION NO. 14-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18826 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK P16. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for Tract Map 18741, located at the northwest corner of Wilson Avenue and Wardman Bullock Road, submitted by Centex Homes of California, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 14-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 18741 RESOLUTION NO. 14-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 FOR TRACT 18741 RESOLUTION NO. 14-020 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 TRACT 18741 RESOLUTION NO. 14-021 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. 7 FOR TRACT 18741 P17. Approval of the Professional Services Agreement with Southern Contracting Company in the amount of $100,000 for operation and maintenance, as well as emergency response support related to the electrical infrastructure (high voltage electrical support) throughout the RCMU Service Area for FY 2013/14 to be funded from 17053035309 and 17053035603 Municipal Utility Funds. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 9 of 15 P18. Approval of a License Agreement between the City of Rancho Cucamonga and the San Bernardino Associated Governments (SANBAG) for construction of a storm drain in Etiwanda Avenue under the Metrolink Tracks, located south of Arrow Route at SANBAG Mile Post 93.4 and SCRRA Mile Post 44.1 (RR), submitted by Goodman Rancho SPE, LLC. P19. Approval of Improvement Agreement and Improvement Security for Etiwanda Master Plan Storm Drain Improvements related to Parcel Map 19448 and DRC2013-00155, located at the southwest corner of Arrow Route and Etiwanda Avenue, submitted by Goodman Rancho SPC, LLC. RESOLUTION NO. 14-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR ETIWANDA MASTER PLAN STORM DRAIN IMPROVEMENTS RELATED TO PARCEL MAP 19448 AND DRC2013-00155 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAID AGREEMENT P20, Release of Real Property Improvement Contract and Lien Agreement for Parcels 3 and 4 of Parcel Map 6582, located on the south side of Foothill Boulevard east of Helms Avenue, submitted by Clark W. Porter. RESOLUTION NO. 14-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THE OWNERS OF PARCELS 3 AND 4 OF PARCEL MAP 6582 P21. Approval to execute a Professional Services Agreement with Best, Best and Kreiger Attorneys at Law, for Legal Services as Bond Counsel for the Refinancing of Community Facilities District 2004-01 (Rancho Etiwanda Estates). P22. Approval to execute a Professional Services Agreement with David Taussig and Associates for Assessment Engineering for the Refinancing of Community Facilities District 2004-01 (Rancho Etiwanda Estates). P23. Approval to execute a Professional Services Agreement with Fieldman, Rolapp &Associates as Financial Advisor to the City for the Refinancing of Community Facilities District 2004-01 (Rancho Etiwanda Estates). MOTION: Moved by Williams, seconded by Steinorth, to approve the staff recommendations in the staff reports. Motion carried 5-0. Q. 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. Q1. Public Hearing for placement of special assessments and liens for delinquent refuse accounts. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 10 of 15 RESOLUTION NO. 14-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF DELINQUENT CHARGES FROM BURRTEC WASTE INDUSTRIES, INC. FOR REFUSE COLLECTION, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY TAXES. Linda Ceballos, Environmental Programs Manager, presented the staff report. She reported that 12 written protests were received and stated that 10 of them have been resolved. There are two written protests requiring consideration by the City Council. In response to Mayor Michael, she indicated that the goal would be to get the final list to the County by the end of the week. Any protests received tonight would be investigated and a determination made on whether or not to include them before the list is filed. Councilmember Alexander noted that it would have been nice to have a workshop so that everyone was informed. He indicated that many of the accounts are small and shouldn't have been up for consideration. He asked for compassion. In response, Mrs. Ceballos indicated that the process started with 1,600 accounts and now is down to 500. The goal is to get the account paid, not to lien. In response to Mayor Michael, she noted that Burrtec sent out the first two notices to 1,685 accounts last October. In December, the number was reduced to 950. The public hearing notice was sent certified mail to 816 accounts. Mayor Michael noted that his tenant is on this list and stated that he was unaware of the delinquency. Mrs. Ceballos reported that this process was chosen as the best solution to address the delinquent accounts. Mayor Pro Tem Spagnolo indicated that the community brought this concern to the City Council as trash was left out on the streets. Mrs. Ceballos addressed the two written protests that were unresolved. The resident at 7751 San Diego Avenue had set up but not followed a payment plan. The delinquent amount is $232.30. One recent payment had been made but payments are sporadic. She recommended that this property remain on the list. Mrs. Ceballos noted the second written protest was received from 12920 Victoria Street. No payment has been received and no payment plan has been set up. The amount due is $463.36. The written protest stated that the delinquency would be paid in 30 days. She recommended that this property remain on the list, noting that if payment is received prior to the list being filed, the property would be removed. In response to Councilmember Williams, Mrs. Ceballos reported on the process for written protests. Written protests may be received up to the end of the public hearing. If payment is received, the property would be removed from the list. If partial payment is received, that amount would be deducted. In response to Councilmember Alexander, Mrs. Ceballos indicated that the goal for delinquent accounts is for people to set up and stick to a payment plan. Councilmember Alexander noted that hardships should be looked at carefully. It was noted that both delinquencies were a result of a layoff. City Attorney Markman indicated that no one is foreclosing on a house. The lien is acting as security that when the house is sold the bill will be paid. Councilmember Steinorth stated that there is mandatory trash service for health and safety reasons. He was satisfied with the actions taken to resolve these delinquencies. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 11 of 15 In response to Mayor Michael, Mrs. Ceballos indicated that if the list was held for 30 days, the properties might change hands. In response to Councilmember Williams, Mrs. Ceballos indicated that the act of removing a property from the list does not relieve the resident from paying the bill. Mrs. Ceballos indicated that a$59 administrative fee would be added to the delinquent accounts. She stated to Mayor Michael that a once a property is removed from the list, the delinquency would not be addressed until the next time the lien process is considered. Mayor Michael opened the public hearing. Dale Nelson, 11082 Countryview Drive, stated that his family lost their home after their second child died. He couldn't afford trash service and didn't need it as the trash is taken elsewhere. He didn't know about the delinquency until he received the public hearing notice. Mr. Nielson noted that the proposed lien might result in him being evicted. Sheyla Saldana, 8691 Mignonette Street, indicated that she had been ill for two years. Now that the children are working, they are catching up on their bills. She indicated that she would take care of the bill within 30 days. Lisa Thompson was not aware of this process and looked at the list yesterday when she was reviewing another matter. Her renter is on this list. Ms. Thompson never received anything from Burrtec and did tell her renter she would evict him if this bill was not paid. $851.61 was paid this morning. Mayor Michael noted that he had a tenant at 11524 Stoneridge Drive, who is also on this list. He did not have any indication of this delinquency.The certified letter was mailed to the 91701 zip code, which is undeliverable. Mayor Michael closed the public hearing. In response to Councilmember Williams, Mrs. Ceballos reported that 151 notices were returned. Of these, 19 had incorrect addresses and the properties were removed from the list. Mrs. Ceballos noted that the City used the information from the County Recorder's office. Removing the address from the list does not relieve the debt, which still must be paid. In response to Councilmember Williams, Mrs. Ceballos indicated that the City would place the lien. MOTION: Moved by Steinorth, seconded by Michael to adopt Resolution No. 14-024 confirming the report of delinquent charges including the two written protests. Motion carried 5-0. R. C:r' MA !*c:r'C AFr RErCRT �F�PFEI BUFF ADMINISTRATIVE HEARING ITEM The following items have no legal publication or posting requirements. R1. West-side Assessment Districts: Review Community Engagement Results and Determine Next Steps. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 12 of 15 Lori Sassoon, Deputy City Manager/Administrative Services and Bill Wittkopf, Public Works Services Director, presented the staff report. Councilmember Alexander thanked the person who had posted the flyer about the closure of Red Hill Park, as it got the community's attention. He noted the need to take responsibility for not raising the rates many years ago. Councilmember Alexander indicated that community meetings need to be held to determine what should be done. Mayor Pro Tem Spagnolo did not believe that it was fair that people pay different rates. He noted that Councilmember Alexander was on the Council too when the rates were not raised. Now, it is important that we live within our means. Councilmember Steinorth indicated that the rate has not been raised for 21 years, even though the cost of water and electricity has gone up. New properties have been built and are paying a higher rate. Proposition 218 requires that the property owners approve any rate increase. The survey has shown that property owners do not support an increased assessment so it is time to tighten the belt. Councilmember Steinorth concurred with some of the proposals but would need additional discussion about draining the lake. He indicated that the lake is very expensive to maintain as it needs constant water and uses electricity 24 hours a day. Councilmember Williams accepted the survey results and noted the need to live within our budget. She concurred with the recommendations, and noted that we are not going to close the park or stop any core services. She stressed the need for community involvement. Mayor Michael pointed out that we have been reviewing all of the Districts and have been proposing elections when appropriate. He noted that using the reserves from other accounts or the General Fund would be a disservice to the other Districts and to the entire City. The newer Districts have a CPI increase, and they are doing fine. While he would love to pay for water and electricity at a 1993 cost, this is not possible. Mayor Michael was pleased to see members of the community in the audience tonight as community engagement is important. He supported draining the lake, looking at alternatives and coming back with a report in 120 days on how to live within the budget. Mayor Michael opened the administrative hearing. Jacqueline Dorsey noted that if the park is shut down, the children attending the nearby school will suffer. There will be increased crime and drug use. She was disappointed that this hadn't been addressed in 20 years. Margo Crawley was concerned with the proposal to turn off the lights at 10:00 p.m., noting that this will attract crime. She opposed draining the lake at Red Hill Park, as it would not make sense to refill it once it was drained. Bede Crawley indicated that she walks at Red Hill Park. She expressed hope that once everyone heard about the budget challenges, they would support an assessment increase. Alicia Acosta noted that there are many options available to address the budget challenges. She suggested an Adopt a Lake program, the use of solar energy and increasing the park rental rates. She supported turning off the lights but wanted the grass left alone. Tricia Buggle indicated that everyone she spoke with supported an assessment increase. She stressed the need to educate the community. Jim Razor noted that in Landscape Maintenance District No. 7, no one was happy with a rate increase but it was approved as a necessary expense. He noted that Red Hill Park is used by the entire community and the expense for this park should not be included in this District. Sandra Norris noted that Red Hill Park is very important to her and the lake is worth saving. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 13 of 15 Nicole Dodd indicated that Alta Loma High School had no information on this matter. She stressed the need to educate the community. Mayor Michael closed the administrative hearing. Councilmember Williams indicated that she was encouraged by the comments. Mayor Pro Tern Spagnolo noted that the Council grew up in this community. It is never easy as people don't pay attention until an increase is needed. He expressed a concern with the misinformation about closing Red Hill Park. The proposed process would have divided the assessments equitably. Councilmember Steinorth noted that the proposal calls for working with the sports groups and the equestrians. He indicated that the lake needs to be drained so that a plan can be developed to maintain it properly. With some frugal cuts and creating partnerships, we can create more sustainable parks. Councilmember Alexander would rather pursue Option 4 and use the General Fund to backfill as an interim while this is discussed with the community. In response to Mayor Michael, Mr. Wittkopf indicated that none of these actions are being proposed lightly. He stressed that the City would continue to provide core services. Mrs. Sassoon noted that the use of the General Fund would have a negative impact on the City's credit rating, and stated that the Districts on the east-side have all agreed to pay a higher assessment or have a reduction in service. John Gillison, City Manager, indicated that it will take months to get everything in place. He noted that if Option One is pursued, the lake would be drained so that further information can be obtained. A report would be forwarded to the City Council in about 120 days. MOTION: Moved by Spagnolo, seconded by Williams, to approve Option One, continue the dialogue with the community and report back in 120 days. Motion carried 4-1 (Councilmember Alexander voted no). S. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 51. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Mayor Michael indicated that at SANBAG's meeting, there was a discussion on the priorities of the rail system. S2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. T. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 14 of 15 U. ADJOURNMENT I The meeting was adjourned at 10:55 p.m. Resp ic ctfully submitted, Debra cNay, MMC Assistity Clerk/Records Manager Approved: February 19, 2014 February 5, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 15 of 15