June 1, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES

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1 June 1, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on Wednesday, June 1, 2011, in the Tapia Room of the Civic Center located at Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Chairman/Mayor L. Dennis Michael. Present were Agency/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Mayor Pro Tem Sam Spagnolo and Chairman/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/Mayor L. Dennis Michael announced the closed session items: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION FOR PROPERTY LOCATED BETWEEN VICTORIA STREET AND BASE LINE ROAD ON THE EAST SIDE OF ETIWANDA AVENUE; IDENTIFIED AS APN ; NEGOTIATING PARTY: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO CUCAMONGA RDA D2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION FOR GOVERNMENT CODE SECTION (A) CITY OF RANCHO CUCAMONGA V. VERIZON, Matter Number CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE, IDENTIFIED AS SAN BERNARDINO COUNTY PARCEL NUMBER ; NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO CUCAMONGA; AND BRIAN SMITH, LAMAR ADVERTISING, REGARDING TERMS OF AGREEMENT RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. Closed session began at 5:00 p.m. D. CONDUCT OF CLOSED SESSION June 1, 2011 Page 1 of 13

2 No announcements were made. E. CITY MANAGER ANNOUNCEMENTS F. RECESS The closed session recessed at 6:35 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager; Kevin McArdle, Community Services Director; James Troyer, Planning Director; Mark Steuer, Director of Engineering Services; Bill Wittkopf, Public Works Director; Robert Karatsu, Library Director; Police Chief Joe Cusimano; Jim Frost, City Treasurer; Debra McNay, Records Manager/Assistant City Clerk and Shirr l Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Announcement of upcoming 4 th of July fireworks activities in the City of Rancho Cucamonga. Daniel Schneider, Community Services Department Supervisor and Kelley Donaldson, Public Education Specialist for the Fire Protection District announced the upcoming July 4, 2011 activities in the City of Rancho Cucamonga and reminded the public that fireworks were not permitted in the City. H2. Rancho Cucamonga City Council recognition of 2011 Crossing Guard of the Year. Mayor Michael presented a proclamation to Carlos Zaldana for being named the 2011 Crossing Guard of the Year. H3. Presentation of Certificates of Recognition to Jack and Dolores Morgan and Lito Huang on receiving the 2011 California Park and Recreation Society (CPRS) District XI Layman's Award. Mayor Michael presented certificates of recognition to Jack and Dolores Morgan and Lito Huang on receiving the 2011 California Park and Recreation Society District XI Layman s Award. I. PUBLIC COMMUNICATIONS June 1, 2011 Page 2 of 13

3 I1. Pat and Ric Morris presented information on the Rising Star Equestrian Therapy Club and planned summer activities. I2. Ed Dietl noted that a historical preservation ordinance is being developed and was concerned that the penalties were removed from the document. He provided pictures of several historical properties and indicated that demolition by neglect needed to be addressed. I3. John Lyons spoke about his family s Memorial Day activities. He referenced an article in the newspaper regarding the Sheriff s Department and the ongoing discussions with the County regarding benefits. He expressed the need for a mutually acceptable compromise. I4. Luana Hernandez reported that the trees were cut down on Hellman Avenue between Foothill Boulevard and San Bernardino Road. She had contacted the City but had not received any information on whether there was a replacement schedule. I5. Bill Hanlon noted that there were several civic leaders who should be commended for their contributions. He commented on Jim Frost s involvement with the Run for the Wall event, which starts in Rancho Cucamonga and ends in Washington, DC. Also, Mr. Hanlon noted that the people who founded the Veterans without Families and who were involved in the Patriotic Guard Riders are Rancho Cucamonga residents. He thanked the sponsors of the upcoming July 4th Fireworks Spectacular. Mr. Hanlon appreciated the Memorial Day celebrations held by other cities and indicated that a Memorial Day event should be held in Rancho Cucamonga. I6. Jim Moffatt concurred with the need for a Memorial Day celebration. He noted that the City does not honor military personnel who are killed in action. Mr. Moffatt stressed the need to recognize and honor the members of the armed forces. I7. Jim Frost presented pictures, newspaper articles and souvenirs from the recent Run for the Wall event. He presented plaques of appreciation to the Police Department, the Community Services Department and the City and thanked them for their support. I8. Jerie Lee invited the City Council and the audience to a fundraiser on June 25, 2011 from 8:00 a.m. to 10:00 a.m. at Applebee s. The funds raised will benefit senior transportation. I9. Raymond Herrera expressed a concern with billboard signs written in Spanish. He provided a picture of a billboard in the City and urged the City Council to remove these signs. I10. Robin Hvidston reported that the billboard is located at 833 Foothill Boulevard, across the street from the Sycamore Inn. She encouraged the community to call Crown Imports and request that the billboard be displayed in English. I11. Bill Kezar stressed that English was the official language of the United States of America. A common language brings everyone together. Something must be done to address the language printed on the billboard sign. I12. Victor Muniz addressed Item O2 (Initiation of Proceedings for the Formation of LMD 2 R). He had attended a community meeting and expressed concerns that documentation was not distributed, the absence of the City Council members and the need for an increased assessment. Mr. Muniz noted that there was a stated shortfall of $200,000 and wondered why the reserve could not cover that amount. He suggested that the matter be rejected by the City Council and returned back to the appropriate Department so that other alternatives could be explored. CONSENT CALENDARS: The following items are expected to be routine and non controversial. They will be acted upon by the Agency/Board/City Council at one time without discussion. Any item may be removed by an Agency/Board/Council Member for discussion. June 1, 2011 Page 3 of 13

4 J. CONSENT CALENDAR REDEVELOPMENT AGENCY J1. Approval of Minutes: May 18, 2011 (Regular Meeting) J2. Approval of Check Register dated May 11 through May 24, 2011, for the total amount of $1,513, J3. Approval of a Professional Services Agreement with Dale A. Frisby, of Rancho Cucamonga, (RDA / CO ); for construction management services for the new Public Works Services Building and new Household Hazardous Waste (HHW) facility in an amount not to exceed $300,000, and funded from Accounts / (2004 Tax Allocation Bonds) and / (Integrated Waste Management) and / (Capital Reserve); and approve an increase to Contract No with Pitassi Architects, Inc. in the amount of $196,185 ($178,350 base plus a 10% contingency of $17,835), and authorize the Public Works Services Director to approve the contract amendment, to provide construction administration, design development, and related construction documents and services for the construction of the new HHW facility to be located at the Public Works site, to be funded from Integrated Waste Management funds, Account No / J4. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $10,802,000 to the apparent low bidder, Oakview Constructors, Inc. of Calimesa, (RDA / CO ), and authorize the expenditure of a 10% contingency in the amount of $1,080,200 for the City Yard Expansion and Household Hazardous Waste Project, to be funded from Integrated Waste Management, 2004 Tax Allocation Bonds and Capital Reserve Funds, Account Nos / , / and / respectively, and appropriate additional amounts of $3,000,000 from 2004 Tax Allocation Bonds Bund Balance to Account No / and $152,000 from Integrated Waste Management Fund Balance to / J5. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $68,000 to the apparent low bidder, Torga Electric, of San Bernardino (RDA / (CO ), and authorize the expenditure of a 10% contingency in the amount of $6,800 for the Fleet Shop CNG Modification, to be funded from Capital Reserve Fund, Account No / ($44,880) and 2004 Tax Allocation Bonds Fund, Account No / ($29,920). MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5 0. K. CONSENT CALENDAR FIRE PROTECTION DISTRICT K1. Approval of Minutes: May 18, 2011 (Regular Meeting) K2. Approval of Check Register dated May 11 through May 24, 2011, for the total amount of $217, K3. Approval to award the purchase of four (4) Ford Escape Hybrid staff vehicles, as budgeted, for the Fire District, from Raceway Ford of Riverside, California, in the amount of $125,061.41, per RFB #10/11 018, $62, from Fund (Capital Outlay Vehicles) and $62, from Fund (Capital Outlay Vehicles). June 1, 2011 Page 4 of 13

5 K4. Approval of a Resolution authorizing an Amendment to the Contract between the Board of Administration of the California Public Employees Retirement System and the Board of Directors of the Rancho Cucamonga Fire Protection District. RESOLUTION NO. FD A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5 0. L. CONSENT CALENDAR CITY COUNCIL L1. Approval of Minutes: May 18, 2011 (Regular Meeting) L2. Approval of Check Register dated May 11 through May 24, 2011, and payroll ending May 24, 2011, for the total amount of $3,375, L3. Approval of corrections to Amended Fiscal Year 2010/11 appropriations. L4. Approval to appropriate $27, to Account No / from Fund 126 Lower Etiwanda Drainage and authorization to return to Northtown Housing Development Corporation impact fees for work completed of Master Plan Drainage Facility. L5. Approval to award the purchase of four (4) Ford Escape Hybrid staff vehicles, as budgeted, for the Fire District, from Raceway Ford of Riverside, California, in the amount of $125,061.41, per RFB #10/11 018, $62, from Fund (Capital Outlay Vehicles) and $62, from Fund (Capital Outlay Vehicles). L6. Approval to appropriate $10, out of State Asset Seizure Fund balance into Account Number to purchase handheld radio micro earpieces. L7. Approval to execute a Professional Services Agreement with RBF Consulting (CO ) for an additional amount not to exceed $54,439 for services related to a previously approved contract (CO and CO ) for the preparation of an Environmental Impact Report (DRC ) for the proposed Carrari Ranch project located in the Sphere of Influence, to be funded from the developer deposit through Acct. No L8. Approval and execution of Agreement for Dedication of Property and Vacation of Highway Easement (CO ) located at th Street in the City of Rancho Cucamonga, County of San Bernardino, State of California, and identified as San Bernardino County Assessor s Parcel Number for the Hellman Avenue Storm Drain and Street Improvements from north of 8 th Street to Cucamonga Creek Channel. L9. Approval and execution of Agreement for Dedication of an Easement (CO ) for streets, highways and related purposes located at th Street in the City of Rancho Cucamonga, County of San Bernardino, State of California, and identified as San Bernardino County Assessor s Parcel Number for the Hellman Avenue Storm Drain and Street Improvements from north of 8 th Street to Cucamonga Creek Channel. June 1, 2011 Page 5 of 13

6 L10. CONSIDERATION OF THE COUNTY OF SAN BERNARDINO HOME CONSORTIUM COOPERATION AGREEMENT DRC CITY OF RANCHO CUCAMONGA Approval of a 3 year Cooperation Agreement (CO ) with the County of San Bernardino Department of Community Development and Housing for participation in the County HOME Consortium. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND ADOPTING A 3 YEAR COOPERATION AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE PURPOSE OF BEING A CONSORTIUM MEMBER OF THE COUNTY HOME INVESTMENT PARTNERSHIPS PROGRAM L11. Approval of a Professional Services Agreement with Dale A. Frisby, of Rancho Cucamonga, (CO / RA ) for construction management services for the new Public Works Services Building and new Household Hazardous Waste (HHW) facility in an amount not to exceed $300,000, and funded from Accounts / (2004 Tax Allocation Bonds) and / (Integrated Waste Management) and / (Capital Reserve); and approve an increase to Contract No with Pitassi Architects, Inc. in the amount of $196,185 ($178,350 base plus a 10% contingency of $17,835), and authorize the Public Works Services Director to approve the contract amendment, to provide construction administration, design development, and related construction documents and services for the construction of the new HHW facility to be located at the Public Works site, to be funded from Integrated Waste Management funds, Account No / L12. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $10,802,000 to the apparent low bidder, Oakview Constructors, Inc. of Calimesa, (CO / RDA ), and authorize the expenditure of a 10% contingency in the amount of $1,080,200 for the City Yard Expansion and Household Hazardous Waste Project, to be funded from Integrated Waste Management, 2004 Tax Allocation Bonds and Capital Reserve Funds, Account Nos / , / and / respectively, and appropriate additional amounts of $3,000,000 from 2004 Tax Allocation Bonds Bund Balance to Account No / and $152,000 from Integrated Waste Management Fund Balance to / L13. Approval to accept the bids received, award and authorize the execution of a contract in the amount of $68,000 to the apparent low bidder, Torga Electric, of San Bernardino (CO / RA ), and authorize the expenditure of a 10% contingency in the amount of $6,800 for the Fleet Shop CNG Modification, to be funded from Capital Reserve Fund, Account No / ($44,880) and 2004 Tax Allocation Bonds Fund, Account No / ($29,920). L14. Approval of Parcel Map 19247, located at 7089 Etiwanda Avenue, south of Victoria Street, submitted by San Bernardino County Transportation Authority. Removed from the Agenda. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP L15. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC , located on the southeast corner of Etiwanda Avenue and Arrow Route, submitted by Smash, LLC. June 1, 2011 Page 6 of 13

7 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L16. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 17594, located on the northeast corner of Foothill Boulevard and Rochester Avenue, submitted by F & F, LLC. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L17. Approval to release Maintenance Guarantee Bond No P, in the amount of $6,462.30, for the Beryl Street Community Trail from Banyan Street to Wilson Avenue improvements, Contract No Jack Lam, City Manager requested that Item L14 be removed from the agenda. MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the remaining staff reports. Motion carried 5 0. M. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non controversial. The Agency, 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 an Agencymember, Boardmember, or Councilmember. M1. APPROVAL OF SECOND READING 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 ORDINANCE NO. 842 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM June 1, 2011 Page 7 of 13

8 M2. APPROVAL OF SECOND READING OF ORDINANCE FOR DEVELOPMENT CODE AMENDMENT DRC A proposed amendment to the Development Code, amending Sections (Administration), (Permits), (Commercial/Office Districts), and (Foothill Boulevard Districts) to add a definition for Farmers Markets, to amend the Commercial/Office District and Foothill Boulevard Districts Use Regulations tables, and define the permitting requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3) and 15304(e). Related Files: DRC and DRC APPROVAL OF SECOND READING OF ORDINANCE FOR VICTORIA GARDENS MASTER PLAN AMENDMENT DRC A proposed amendment to the Victoria Gardens Master Plan, amending Section 4.3 regarding the requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related Files: DRC and DRC APPROVAL OF SECOND READING OF ORDINANCE FOR TERRA VISTA COMMUNITY PLAN AMENDMENT DRC A proposed amendment to the Terra Vista Community Plan, amending Chapter V (Community Development Standards) regarding the requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related Files: DRC and DRC ORDINANCE NO. 843 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC , A REQUEST TO AMEND SECTIONS (ADMINISTRATION), (PERMITS), (COMMERCIAL/OFFICE DISTRICTS), AND (FOOTHILL BOULEVARD DISTRICTS) TO REGULATE CERTIFIED FARMERS MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 844 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT DRC MODIFYING THE MASTER PLAN SECTION 4.3 REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I 15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 845 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC MODIFYING THE COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT STANDARDS) REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, ROCHESTER AVENUE TO THE EAST, AND HAVEN AVENUE TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF June 1, 2011 Page 8 of 13

9 M3. APPROVAL OF SECOND READING OF ORDINANCE FOR DEVELOPMENT CODE AMENDMENT DRC A proposed amendment to the Development Code amending Sections (Administration), and (Residential Districts), to add a definition and standards for Community Gardens. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). ORDINANCE NO. 846 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC , A REQUEST TO AMEND SECTIONS (ADMINISTRATION) AND SECTIONS (RESIDENTIAL DISTRICTS), TO REGULATE COMMUNITY GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF M4. APPROVAL OF SECOND READING OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO ORDINANCE NO. FD 51 (second reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85 1, AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT The Assistant City Clerk/Records Manager read the Titles of Ordinance Nos. 842, 843, 844, 845, 846 and FD 51. MOTION: Moved by Spagnolo, seconded by Alexander, to approve Ordinance Nos. 842, 843, 844, 845, 846 and FD 51 for second reading. 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. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN DRC CITY OF RANCHO CUCAMONGA A review of the Federally required Annual Action Plan, which includes the selection of CDBG funded activities, based on an estimated grant allocation of $918,593. (CONTINUED FROM MAY 4, 2011) Tom Grahn, Associate Planner, presented the staff report. In response to Council Member Williams, Mr. Grahn noted that several additional applications for funding were received, as outlined in the staff report. He noted that he states to these applicants that there is no additional funding and that it is unlikely that their request for funding will be supported. June 1, 2011 Page 9 of 13

10 In response to Mayor Michael, Mr. Grahn addressed the agencies who received funding. As the funding for senior transportation was not reduced further, the funding for the other programs was affected. Mr. Grahn noted that the Department Managers were contacted regarding the funding limitations. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo, to approve the recommendation in the staff report. Motion carried 5 0. N2. DEVELOPMENT CODE AMENDMENT DRC CITY OF RANCHO CUCAMONGA A request to amend Section C.16 (Single Family Development) by adding a general design guideline for single story homes in new single family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. ORDINANCE NO. 847 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC , TO ADD A DESIGN GUIDELINE OF REQUIRING A 25 PERCENT SINGLE STORY HOME SET ASIDE FOR NEW SINGLE FAMILY DEVELOPMENTS OF 4 UNITS OR MORE BY ADDING SUBSECTION (p) OF SECTION C.16 (SINGLE FAMILY DEVELOPMENT) OF CHAPTER (RESIDENTIAL DISTRICTS) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF Candyce Burnett, Senior Planner, presented the staff report. In response to Mayor Michael, the Senior Planner addressed the language in the Ordinance, which allows flexibility and encourages more single family single story residences. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. Council Member Buquet inquired if there would be flexibility in lot configurations. In response, Ms. Burnett indicated that the development code allows for creative standards and provides flexibility. Mayor Michael noted the Council s desire to encourage more single story homes for our elderly community. The Assistant City Clerk/Records Manager read the Title of Ordinance No MOTION: Moved by Buquet, seconded by Williams, to adopt Ordinance No. 847 for first reading and set second reading for June 15, Motion carried 5 0. O. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. O1. PRESENTATION BY THE INLAND EMPIRE UTILITIES AGENCY REGARDING SELF REGENERATING WATER SOFTENER CONTROL PROGRAM. (PowerPoint Presentation) June 1, 2011 Page 10 of 13

11 Martha Davis, Executive Manager of Policy Development from the Inland Empire Utilities Agency, made a presentation on the Self Regenerating Water Softener Control Program. O2. APPROVAL OF: 1) A RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 2 R TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 2; 2) THE LEVY OF ANNUAL ASSESSMENTS; 3) PREPARATION OF AN ASSESSMENT ENGINEER S REPORT; 4) A RESOLUTION PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER S REPORT AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS; AND 5) SETTING A TIME AND PLACE FOR A PUBLIC HEARING INCLUDING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AND DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 2 R, TO REPLACE LANDSCAPE MAINTENANCE DISTRICT NO. 2, THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER S REPORT RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER S REPORT, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 2 R AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS IN SAID DISTRICT, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES John Gillison, Assistant City Manager, presented the staff report. In response to Mayor Michael, Mr. Gillison addressed the proposed assessments in the various categories. Council Member Williams noted that while the assessment for commercial and industrial uses is proposed to be lower, there is a substantial proposed increase to some of the other categories. Mr. Gillison noted that all properties will be charged, including the schools and the fire station. James Markman, City Attorney, addressed the concept behind forming landscape maintenance districts and the requirements of Proposition 218. The initiation of the Proposition 218 proceeding requires that the proposed assessments be examined very carefully to address the special benefit provided to each parcel and the appropriate proposed assessment. Mr. Markman indicated that a single question needs to be listed on the ballot. There is not a choice to display multiple options. He noted that the action tonight would be to initiate the process, to authorize the distribution of the ballots and to set the public hearing date. The City can not spend any money nor speak in support or opposition of this matter. In response to Council Member Williams, Mr. Gillison confirmed that the materials clearly state that the proposed 2.5% escalator is a cap and would not automatically be used each year. Mr. Gillison noted that this district has a number of areas that are hooked up to recycled water. Council Member Buquet noted that the City is doing what it needs to in order to comply with the law. He remembered with the district was formed and the intent was for each district to be self supporting June 1, 2011 Page 11 of 13

12 and for new development to pay its own way. Council Member Buquet noted that this district possesses a good infrastructure and equipment and does not have near the challenges as other districts. Mr. Gillison reported that the proposed increase is approximately 9% as compared with the 40% increase in the CPI over that time. Regarding the concern that the City would spend all of the funds generated each year, Mr. Gillison suggested that community look at the historic data. In response to Mayor Michael, Mr. Gillison indicated that this is the fourth district to go through this process and expected that there would be a few others in the future. There is a lot of information available to the community on the City s Internet site at The ballot will include a proposed A level of service and contain a capped CPI escalator of 2.5%. Council Member Alexander noted that he has visited this area and indicated that there are high profile areas in which the landscaping has been neglected. He noted that the community is frustrated with the need to consider a higher assessment while trying to survive in this bad economy. He recognized the need for the process but was concerned with the outcome. Council Member Buquet stated that the property owners will have the choice and noted that the matter is very clear. Either people will choose to support a higher assessment to maintain an A level of service or the assessment will remain the same at a lower level of service. Mayor Michael recognized that everyone is going through very tough times. It would not be right to let the landscaping deteriorate without taking the matter back to the property owners for a vote. MOTION: Moved by Spagnolo, seconded by Alexander, to adopt Resolution Nos and Motion carried 5 0. P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Mayor Michael reported the Freedom s Court Yard Day activities, which will be held on June 4, 2011 from noon to 4:00 p.m. He indicated that all of the City Council members would be attending. P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) James Markman, City Attorney, referenced the concerns raised about billboards in the City. He noted that the case law was very clear about the City s inability to regulate free speech. Mayor Pro Tem Spagnolo reported on Governor Brown s May budget and the proposal to eliminate Redevelopment Agencies and support tax increases. He noted that the May revision also reflects cuts to State parks. Mayor Pro Tem Spagnolo reported that there is growing support in the Assembly for AB 1250, which preserves redevelopment. He thanked Mayor Michael for the article in the Daily Bulletin over the weekend. No items were identified. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING June 1, 2011 Page 12 of 13

13 R. ADJOURNMENT Mayor Michael adjourned the meeting at 9:44 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: June 15, 2011 June 1, 2011 Page 13 of 13