* D R A F T * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting March 20, 2013 Page 1 of 10

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1 March 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 held a closed session on Wednesday, March 20, 2013 in the Tapia Room at the Civic Center located at Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:05 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Deputy City Attorney Steve Flower, 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) The following closed session items were considered: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA;, AND BOBBY BRETT, RANCHO BASEBALL, LLC) REGARDING LEASE TERMS CITY D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION (B) CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. No announcements were made. E. CITY MANAGER ANNOUNCEMENTS F. RECESS The closed session recessed at 5:50 p.m. with no action taken. G. SPECIAL MEETING OF THE CITY COUNCIL ONLY CALL TO ORDER 6:00 P.M. COUNCIL CHAMBERS The Rancho Cucamonga City Council held a special meeting on Wednesday, March 20, 2013 in the City Council Chambers located at Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:05 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Regular Meeting March 20, 2013 Page 1 of 10

2 Also present were: John Gillison, City Manager; Nettie Nielsen, Community Services Director; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ITEMS OF BUSINESS H1. Presentation of Certificates of Recognition to Pop Warner Football & Cheerleading A. Midget Panthers Mount Baldy Conference Champions Mayor Michael presented certificates of recognition to the Midget Panthers and congratulated them on their achievements. B. Midget Panther Cheer 1 ST Place Mount Baldy Conference and 5 TH Place in Regional Cheer Competition Mayor Michael presented certificates of recognition to the Midget Panther Cheer Team and congratulated them on their achievements. C. Pee Wee Wolverines 2 ND Place Mount Baldy Conference Mayor Michael presented certificates of recognition to the Pee Wee Wolverines and congratulated them on their achievements. D. Pee Wee Bobcats Mount Baldy Playoffs This team was unable to attend the meeting. E. Jr. Pee Wee Wildcats Cheer 2 ND Place Mount Baldy Cheer Competition and 4 TH Place in Regional Cheer Competition Mayor Michael presented certificates of recognition to the Jr. Pee Wee Wildcats Cheer Team and congratulated them on their achievements. F. Mitey Mites Stingrays Cheer Participated in Pop Warner Nationals This team was unable to attend the meeting. G. Mitey Mites Stingrays Pop Warner Nationals Mayor Michael presented certificates of recognition to the Mitey Mites Stingrays and congratulated them on their achievements. The meeting recessed at 6:30 p.m. I. RECESS 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 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Regular Meeting March 20, 2013 Page 2 of 10

3 Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Vice President/Vice Chairman/Mayor Pro Tem Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Council Member Bill Alexander left the meeting at 8:45 p.m. Also present were: John Gillison, City Manager; Steve Flower, Deputy City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Trang Huynh, Building & Safety Services Director; Mike Newcombe, Police Chief; Candyce Burnett, Planning Manager; Veronica Fincher, Animal Care and Services Director; Bill Wittkopf, Public Works Services Director; Fire Chief Mike Bell; Chris Paxton, Human Resources Director; Mark Steuer, Director of Engineering Services; Robert Karatsu, Library Director; Jim Frost, City Treasurer; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. K. ANNOUNCEMENTS/PRESENTATIONS K1. Presentation of a Proclamation to RC Quakes Baseball declaring March 28, 2013 as Dodger Day in Rancho Cucamonga. Mayor Michael presented a proclamation to RC Quakes Baseball declaring March 28, 2013 as Dodger Day in the City. L. PUBLIC COMMUNICATIONS L1. Judith Barkow expressed concerns with the panhandlers who frequent the shopping centers in the City. She indicated that they are prevalent at Terra Vista and noted that she doesn t feel safe shopping. L2. Ken Hargrove spoke about the upcoming Run for the Wall, which will leave Rancho Cucamonga on May 15, 2013 and requested that the fees be waived for this event. L3. Tim Gates spoke about the City s regulations. He noted that trash cans need to be kept behind the fence and was concerned with the City s definition of where the front and back of his house was. He requested that the regulations be amended or a variance be granted. Mr. Gates did not want to be fined by the City for the location of his trash cans. Mayor Michael referred him to the staff present at the meeting. L4. Victor Muniz noted that the City is thwarting the will of the people by considering another election on Landscape Maintenance District No. 2. He had serious questions about the fiscal management and indicated that the City is stonewalling his requests for information. L5. Janet Walton offered a prayer for the City Council and the audience. L6. Dana Keithly referenced the comments made at the last meeting regarding Animal Care and Services. She noted that it is possible to adopt all animals at a municipal animal shelter and spoke about a shelter in Reno that had a high success rate. Also, Mrs. Keithly spoke about Petal and the efforts that were made to find her a permanent home. L7. Ondra Gilbertson noted that animals can not be adopted if they are hidden from view or in kennels all day. She indicated that the four volunteers who were dismissed were avid dog walkers and the dogs were suffering as a result of the City s action. L8. Leslie VanDent provided photos of a sick horse and llama, noting that the Animal Care and Services staff did nothing to help these animals. L9. William Brown expressed a concern with the traffic on Red Hill and indicated that he had asked the Police Department with assistance, to no avail. Mayor Michael referred him to the officers present at the meeting. Regular Meeting March 20, 2013 Page 3 of 10

4 L10. Caryn Payzant, President of the Rancho Cucamonga Service Council, spoke about the formation and services of the Council. L11. Teresa Akahoshi invited the Council and the audience to the 4th Annual Furry Friends Festival, to be held on April 6, 2013 from 8:00 a.m. to 1:00 p.m. L12. Jim Frost spoke about the many men and women who are missing in action and the importance of finding closure for the families of each one of these individuals. L13. Gianella Chinchilla indicated that she was a sophomore at Los Osos High School and requested donations to assist her in attending the National Youth Leadership Council conference in Washington, D.C. L14. John Lyons thanked Farrell s Ice Cream Parlor for their recent fundraiser for the families of Officer Michael Crain, Deputy Jeremiah MacKay and Deputy Alex Collins. He thanked the City Council for their assistance with the Route 66 gas station. Mr. Lyons noted that the Animal Care and Services Center employees are very dedicated to finding homes for lost animals. L15. Marla Tausher stressed the importance of transparency and accountability in the Animal Care and Services Center operation. She noted that the money donated is going straight to the Community Foundation. 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 M1. Approval of Minutes: March 6, 2013 (Regular Meeting) M2. Approval of Check Register dated February 27, 2013 through March 12, 2013 for the total of $223, M3. Approval to receive and file current Investment Schedule as of February 28, M4. Approval to adopt an annexation map showing Assessor Parcel Number (Robert & Heather Radford, owners), located at Jeremy Court, east of East Avenue and south of the I 210 Freeway, which is proposed to be annexed into CFD RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 13 1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO M5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No (APN: , Robert & Heather Radford, Owners), located at Jeremy Court., east of East Avenue. and south of the I 210 Freeway into Community Facilities District No. 85 1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. Regular Meeting March 20, 2013 Page 4 of 10

5 RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85 1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 13 1) TO COMMUNITY FACILITIES DISTRICT NO M6. Approval to adopt a new Resolution of Intention to Annex Territory referred to as Annexation No (APNs: , 17, 20 & 21, Water Mill Homes, Inc.), into Community Facilities District No. 85 1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85 1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11 2) TO COMMUNITY FACILITIES DISTRICT NO MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5 0. N. CONSENT CALENDAR PUBLIC FINANCING AUTHORITY N1. Approval of Minutes: March 6, 2013 (Regular Meeting) MOTION: Moved by Williams, seconded by Spagnolo, to approve the minutes. Motion carried 5 0. O. CONSENT CALENDAR CITY COUNCIL O1. Approval of Minutes: March 6, 2013 (Regular Meeting) O2. Approval of Check Register dated February 27, 2013 through March 12, 2013 and payroll ending March 12, 2013 for the total of $2,747, O3. Approval to receive and file current Investment Schedule as of February 28, Regular Meeting March 20, 2013 Page 5 of 10

6 O4. Accept landscape improvements for Tract 17651, located at the south side of Banyan Street, east of East Avenue, submitted by K. Hovnanian at Andalusia, LLC. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT AND AUTHORIZING THE FILING FOR A NOTICE OF COMPLETION FOR THE WORK O5. Approval of a request from Run for the Wall for a waiver of fees and charges for local events associated with the 2013 Run to be held May 15, O6. Amendment to City Manager employment contract. City Manager Gillison reported on the need for the City Council to consider a Resolution in conjunction with the Active Transportation Plan. He indicated that there is a need to take action before the next City Council meeting and that this need came to the attention of staff after the agenda was posted. MOTION: Moved by Spagnolo, seconded by Williams, to add Item 07 to the agenda as there is an immediate need to take action and this need came to staff s attention after the agenda was posted. Motion carried 5 0. O7. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, authorizing the City Manager to execute agreements with the California Department of Transportation for the City of Rancho Cucamonga Active Transportation Plan. (Added by Urgency) RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF RANCHO CUCAMONGA ACTIVE TRANSPORTATION PLAN MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports, including Item O7. Motion carried 5 0. P. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. P1. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Cardenas Family Trust, Owner APN Annexation No ) located on the northeast side of Spector Court and Archibald Avenue to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO Regular Meeting March 20, 2013 Page 6 of 10

7 CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO ) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88 1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Fire Chief Mike Bell presented the staff report. In response to President Michael, Chief Bell indicated that this property is not located in the City but is within the boundaries of the Fire District. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Spagnolo, seconded by Alexander, to adopt Resolution No. FD Motion carried 5 0. P2. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Randy & Julie Twist, Owners APN Annexation No ) located on the northeast corner of Banyan Street and Indigo Avenue to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO ) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88 1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Fire Chief Mike Bell presented the staff report. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Williams, to adopt Resolution No. FD Motion carried 5 0. Q. ADMINISTRATIVE HEARING ITEMS CITY COUNCIL Q1. A Resolution granting consent to the City of Ontario to form the Greater Ontario Tourism Marketing District. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF ONTARIO TO FORM THE GREATER ONTARIO TOURISM MARKETING DISTRICT (GOTMD) Regular Meeting March 20, 2013 Page 7 of 10

8 Assistant City Manager Linda Daniels presented the staff report. Gonzalo Rodriguez, General Manager, aloft Hotel, spoke in support of the formation of the Greater Ontario Tourism Marketing District. Michael Krouse, President and CEO, Ontario Convention and Visitor s Bureau, also spoke in support. In response to Mayor Michael, Mr. Krouse spoke about the opportunities to market the region and how this promotion can benefit the City of Rancho Cucamonga. Mayor Michael opened the administrative hearing. John Lyons noted that Rancho Cucamonga is a tourist destination point and was supportive of forming the Greater Ontario Tourism Marking District. Mayor Michael closed the administrative hearing. MOTION: Moved by Williams, seconded by Spagnolo, to adopt Resolution No Motion carried 5 0. Q2. Review of public engagement process results and initiation of next steps regarding options to address the structural budget deficit In Landscape Maintenance District 2 (Victoria Neighborhood) RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED INCREASE IN ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 2, THE LEVY OF ANNUAL ASSESSMENTS THEREIN, AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER S REPORT. Lori Sassoon, Deputy City Manager/Administrative Services and Bill Wittkopf, Public Works Services Director, presented the staff report. Ruth Bernstein, Principal of EMC Research, spoke about the telephone survey and the survey results. Also, members of the Blue Ribbon Advisory Committee spoke, as follows: Lisa DiNoto noted that she has met with many property owners about this matter. The general consensus is that they are supportive of a higher assessment in order to improve and maintain the levels of service. Doug Morris indicated that he is very active with youth sports. He spoke about the importance of field maintenance and indicated that the youth groups are willing to partner with the City to keep and maintain the fields. Mr. Morris noted that the proposed assessment is a small price to pay. Mrs. Sassoon read a letter from Gary and Janet Temkin in support of the higher assessment. The letter is on file in the City Clerk s office. Connie Endter reported that there is a groundswell of support from the property owners to bring this matter to a vote. She was supportive of an increased assessment. David Endter noted that staff has done an excellent job in communicating the need for a higher assessment to the community. He supported the opportunity to vote on this matter. In response to Council Member Steinorth, the Public Works Services Director confirmed that the landscaping is currently provided at a B Level of Service and indicated that there is a gap of Regular Meeting March 20, 2013 Page 8 of 10

9 $615,000 next year if the level of service rose. Also discussed was the use of the General Fund to provide for a portion of the cost assigned to the overall community. In response to Mayor Michael, Mrs. Sassoon indicated that signs were erected at Central Park in order to promote the survey. She indicated that GIS was able to map the results in order to verify that the respondents were in the District. Mayor Michael opened the administrative hearing. Victor Muniz noted that the community was promised a landscape management plan in July of Instead of a public engagement advisor, Mr. Muniz noted that an engineer should have been hired. He noted that the survey was prepared in regression analysis format and was weighted to achieve the anticipated results. He indicated that his public record act requests have resulted in a flood of paperwork and no real answers. At the Victoria community meeting, Mr. Muniz noted that the person stated that he had a financial interest and wondered why other people weren t invited. Lastly, Mr. Muniz indicated that the property owners had voted on this mater and stressed that the City Council should abide by this decision. Council Member Alexander left the meeting at 8:45 a.m. John Lyons stated that when the Victoria planned community was developed, it was beautifully landscaped. The assessment has not been raised for many years as development has occurred in the City. Mr. Lyons stressed the need to keep the landscaping maintained as it was envisioned, which was supported by the residents that he has spoken with. He urged the City Council to authorize the vote. Jim Moffatt noted that there are two sides in this matter. He noted that the City held an election, and the increased assessment was turned down. He inquired where the money goes when sports teams use the fields and indicated that graffiti removal should not be an added expense. Mayor Michael closed the administrative hearing. Council Member Steinorth noted that this is an important matter, and that there are two very good arguments on either side. He noted that the City Council needs to ensure that we don t allow a negative situation to happen in our community, as crime does follow neglect. Even though the people surveyed did not appear to support the placement of drought tolerant material, Council Member Steinorth supported such a discussion. Council Member Williams concurred, noting that many people were not adequately informed the first time. Many property owners did not even know their current assessment rate or why a higher assessment was needed. She supported conducting another election within the District. Council Member Spagnolo stressed the right of the property owners to vote to assess themselves. He noted that property owners have told him that they did not understand the importance of what they were being asked to vote on. Many people were misinformed and threw the ballot material away. He has been told that the property owners in Landscape Maintenance District #2 would like the opportunity to revisit this matter. Mayor Michael commented that it is terrible to watch the deterioration of a neighborhood. There is not adequate funding to sustain the amount of landscaping that we have in this District. The City Council has been asked to explore various things in an effort to reduce the cost. If the assessment were increased by $2 for 20 years, no one would complain. He noted that the City could have done a better job educating the voters in other landscape maintenance districts. Mayor Michael pointed out that the vote failed in another District, and two brothers led the effort to get the matter reconsidered. The Council didn t tell the Caryn community that we would not consider another vote. Mayor Michael noted that the City Council has two options, one to adopt a Resolution to initiate the proposed increase in assessment and the other to proceed with the decommissioning of landscaping. Regular Meeting March 20, 2013 Page 9 of 10

10 MOTION: Moved by Spagnolo, seconded by Williams, to adopt Resolution No Motion carried (Council Member Alexander absent). R. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. R1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Williams reported that she attended SCAG s Energy and Environment Committee. At their last meeting, she reported that the Committee discussed a regional transportation plan/sustainable communities strategy. Also, there was a presentation on a Complete Streets program. Also, Council Member Williams announced the Rotary s upcoming Grape Stomp Triathlon, to be held on April 6, S. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. T. ADJOURNMENT Mayor Michael adjourned the meeting at 9:32 p.m. after a moment of silence for Don Gentry, Public Works Maintenance Supervisor. Respectfully submitted, Approved: April 3, 2013 Debra L. McNay, MMC Assistant City Clerk/Records Manager Regular Meeting March 20, 2013 Page 10 of 10