December 15, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER

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1 December 15, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council held a closed session on Wednesday, December 15, 2010, 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/President/Mayor L. Dennis Michael. Present were Agency Members/Board Members/Council Members: Bill Alexander, Diane Williams, Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/President/Mayor L. Dennis Michael announced the closed session items: D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS RDA, FIRE, CITY 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. No announcements were made. D. CONDUCT OF CLOSED SESSION E. CITY MANAGER ANNOUNCEMENTS F. RECESS The closed session recessed at 6:00 p.m. with no action taken. G. SPECIAL MEETING CALL TO ORDER 6:30 P.M. December 15, 2010 Page 1 of 9

2 COUNCIL CHAMBERS The Rancho Cucamonga City Council held a special meeting on Wednesday, December 15, 2010, in the City Council Chambers of the Civic Center located at Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:30 p.m. by Chairman/President/Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Diane Williams, 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; Trang Huynh, Building and Safety Services Director; Bill Wittkopf, Public Works Director; Kevin McArdle, Community Services Director; Robert Karatsu, Library Director; Joe Cusimano, Police Chief; Jim Frost, City Treasurer; Debra McNay, Records Manager/Assistant City Clerk and Shirr l Griffin, Deputy City Clerk. H. ITEMS OF BUSINESS H1. OATH OF OFFICE WILL BE ADMINISTERED BY THE HONORABLE JEFFREY KING, ASSOCIATE JUSTICE, TO THE FOLLOWING: Charles Buquet Associate Justice Jeffrey King administered the Oaths of Office. I. RECESS THE REGULAR CITY COUNCIL MEETING WILL CONVENE AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The meeting recessed at 6:33 p.m. J. 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 7:01 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, 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; Bill Wittkopf, Public Works Director; Mark Steuer, Engineering Director; Trang Huynh, Building and Safety Services Director; James Troyer, Planning Director; Robert Karatsu, Library Director; Kevin McArdle, Community Services Director; Joe Cusimano, Police Chief; Mike Bell, Fire Chief; Jim Frost, City Treasurer; Jan Reynolds, City Clerk; Debra McNay, Records Manager/Assistant City Clerk and Shirr l Griffin, Deputy City Clerk. December 15, 2010 Page 2 of 9

3 K. ANNOUNCEMENTS/PRESENTATIONS K1. Presentation of a Proclamation to Clyde C. Francisco for his many years of service in the field of education. Mayor L. Dennis Michael presented a proclamation to Clyde Francisco and congratulated him on his achievements. K2. Presentation to the City Council by Gwyn Frost. Gwyn Frost presented mugs to the newly elected and appointed City Council members. L. PUBLIC COMMUNICATIONS L1. Robert Karatsu, Library Director, presented the 2011 Library Calendar to the Council and the audience. L2. Margie Gonzalez, On the Border Caterer Coordinator, introduced the restaurant and its catering services to the Council and the community. L3. Gino Filippi thanked the City Council for their advice and support. He encouraged everyone to help their friends and neighbors who are in need. L4. Ed Wolski noted that Pop Warner football had used the facilities for free in the past. He referenced the appointment of Council Member Buquet at the last meeting and noted that it should have been done tonight after discussion. Mr. Wolski also expressed concerns with the size and placement of political signs, code enforcement and traffic speeding at Base Line Road and Alta Cuesta Drive. L5. Jim Frost reported on the activities of a suspected Black Friday shoplifter, who had fled a Best Buy store in Augusta, Georgia and stabbed a US Marine reservist in the back. L6. John Lyons noted the sentencing of Rex Gutierrez today and stated the need to make sure that nothing like this ever happens again in the City. He suggested a memorial for people who served on the City Council. Regarding Item P1, Mr. Lyons suggested that the park be open later for the good dogs and that the hours be restricted for the bad dogs. Lastly, he urged everyone to shop and eat in Rancho Cucamonga. L7. Bill Hanlon noted that he would be at the USO on Christmas Eve and New Years Eve. He encouraged the Council and the audience to support the men and women in the armed forces. L8. Jim Moffatt noted that the City Council had banned Styrofoam, noted the paper cups in front of the City Council and asked the Council to follow the rules. He noted the appointment of Council Member Buquet and inquired if it was staged. Mr. Moffatt supported the selection of Council Member Alexander as Mayor Pro Tem. Lastly, he suggested that the Council discuss and decide how to fill an expected Council vacancy prior to an election. L9. Penny Garcia addressed Item P1 and wondered why the lights at the dog park did not go on until 6:30 p.m., when it gets dark earlier. She didn t have a problem with an 8:00 p.m. closure but noted that 5:00 p.m. is too early. L10. Larry Guzman addressed item P1. He noted that he lives in Fontana but comes to the dog park. He requested that the City Council reconsider the hours proposed in the staff report. December 15, 2010 Page 3 of 9

4 L11. Leslie Grimes spoke about a fundraiser for the National Inclusion Project. Gift wrapping will be offered for a suggested donation of $2 at the Victoria Gardens Food Hall. L12. Cindy Martinez spoke regarding Item P1. She suggested changing the hours to 6:00 a.m. to 10:00 p.m. Also, the lights need to be turned on earlier. As a compromise, she suggested 9:00 p.m. or 9:30 p.m. M. CONSENT CALENDAR REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agency Member for discussion. M1. Approval of Minutes: December 1, 2010 (Regular & Special Meetings) M2. Approval of Check Register dated November 23 through December 7, 2010, for the total amount of $1,196, M3. Approve to receive and file current Investment Schedule as of November 30, M4. Review and approve the Rancho Cucamonga Redevelopment Agency Fiscal Year 2009/10 Annual Report; authorize the transmittal of the Annual Report to the appropriate State Agencies; and acknowledge that the planning and administrative expenses included in the Housing Funds are necessary for the production, improvement or preservation of low and moderate income housing for Fiscal Year 2009/10. MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 4 1, Council Member Buquet abstained. N. CONSENT CALENDAR FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Board Member for discussion. N1. Approval of Minutes: December 1, 2010 (Regular & Special Meetings) N2. Approval of Check Register dated November 23 through December 7, 2010, for the total amount of $447, N3. Approval to receive and file current Investment Schedule as of November 30, N4. Approval of a Resolution adopting Fiscal Year 2010/11 Salary Schedules for Fire District job classifications. RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2010/11 MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4 1, Council Member Buquet abstained. December 15, 2010 Page 4 of 9

5 O. CONSENT CALENDAR CITY COUNCIL The following Consent Calendar items are expected to be routine and non controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Council Member for discussion. O1. Approval of Minutes: December 1, 2010 (Regular & Special Meetings) O2. Approval of Check Register dated November 23 through December 7, 2010, and payroll ending December 7, 2010, for the total amount of $4,888, O3. Approval to receive and file current Investment Schedule as of November 30, O4. Approval of plans and specifications for Illuminated Street Name Sign Replacement, Phase 2 and authorize the City Clerk to advertise the Notice Inviting Bids to be funded from Account No (Gas Tax) as approved in the FY 2010/2011 budget. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ILLUMINATED STREET NAME SIGN REPLACEMENT, PHASE 2 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS O5. Receipt of Community Services Update Report. O6. Approval of the City Council Community Services Subcommittee s recommendation regarding changing the name of the Rancho Cucamonga Community Foundation to Rancho Cucamonga Community and Arts Foundation. O7. Approval of a Resolution adopting Fiscal Year 2010/11 Salary Schedules for City job classifications. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2010/11, INCLUDING CITY COUNCIL BENEFITS O8. Approval of a Resolution of the City of Rancho Cucamonga approving a new National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement (CO ) with San Bernardino County Flood Control District. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING A NEW NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT O9. Approval to accept LMD Median Improvements (LMD No.1) for DRC located at Foothill Boulevard, submitted by San Sevaine Villas, L.P. O10. Approval of Improvement Agreement Extension for DRC , located at the northeast corner of Vineyard Avenue and San Bernardino Road, submitted by Mapleton International Financial, L.P. December 15, 2010 Page 5 of 9

6 RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC O11. Approval of Map for PM located at the northwest corner of Haven Avenue and 26 th Street submitted by Diversified Pacific Development Group, LLC. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. PM O12. Approval and execution of License Agreement between JD and KH Holdings, LLC (CO ) and the City of Rancho Cucamonga for use of a twenty foot wide strip of City s storm drain right of way, adjacent to JD and KH Holdings, LLC for parking and landscaping purposes. O13. Approval to authorize the award of an annual contract to Contact Security, Inc., of Brea, California (CO ), for security guard services to be conducted at various City facilities for the remainder of the Fiscal Year, with an option to renew, for a one (1) year term, up to a total of three (3) years, upon review of and City Agreement to any pricing changes, in the amount of $268,830 and a 10% contingency in the amount of $26,883 from Account Numbers (Facilities Maintenance), (Landscape Maintenance District 3B), and (Sports Complex). O14. Approval to release Faithful Performance Bond No retained in lieu of Maintenance Guarantee Bond in the amount of $98, for the Heritage Park Equestrian Bull Pen project, Contract No O15. Approval to release Faithful Performance cash deposit retained in lieu of Maintenance Guarantee Bond for DRC , located on the east side of Carnelian Avenue, north of Hillside Road, submitted by Jim Impastato. O16. Approval to appropriate $23, from the City s General Fund to Expenditure Acct. No , to be utilized during Fiscal Year 2010/11; funds to be used to hire a contract planner in the Planning Department. O17. Approval of Improvement Agreement, improvement securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC , located at the southwest corner of Arrow Route and Utica Avenue, submitted by Transam Development Co. RESOLUTION NO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR DRC December 15, 2010 Page 6 of 9

7 RESOLUTION NO 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 DRC RESOLUTION NO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 4 1, Council Member Buquet abstained. P. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. P1. CONSIDERATION OF A RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION TO REVISE THE OPERATING HOURS OF LEASH OPTIONAL AREAS IN PUBLIC PARKS TO ADDRESS ISSUES RELATING TO NOISE AND SECURITY ORDINANCE NO. 837 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR THE ESTABLISHMENT OF LEASH OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO Dave Moore, Community Services Superintendent, presented the staff report. In response to Council Member Williams, Mr. Moore noted that the current hours of operation are dawn to dusk, thus there is no need to turn on lights (other than security lights). If the City Council decides to change the hours of operations, the lighting would be turned on. Council Member Williams suggested that coin operated lights be installed and the Community Services Superintendent noted that this could be researched. Council Member Alexander indicated that there are two readings of the Ordinance, noting that the Council still had time to do additional research before the Ordinance was adopted. In response, City Attorney Jim Markman pointed out that substantial changes would require another first reading of the Ordinance. Mayor Michael noted that there is no lighting currently at the park due to it s hours of operation. He noted that this matter came to the City s attention after several adjacent home owners addressed the City Council several months ago. He appreciated the fact that the dog owners had established a volunteer committee to help with alleviate the concerns. Council Member Williams stated the need to move ahead with the Ordinance. She noted that the Park and Recreation Commission could monitor the situation further to see if this compromise is working. December 15, 2010 Page 7 of 9

8 Council Member Spagnolo pointed out that there is a fall and spring schedule, that the hours are being extended and that lights would be provided. MOTION: Moved by Spagnolo, seconded by Williams, to take up Ordinance No 837 for first reading and schedule second reading for January 19, Motion carried 5 0. P2. PROGRESS REPORT ON THE IMPLEMENTATION OF THE ABANDONED RESIDENTIAL PROPERTY ORDINANCE (Oral) Kurt Keating, Code Enforcement Supervisor, presented the staff report. In response to Council Member Spagnolo, the market was discussed. Mr. Keating indicated that there are about 1,400 homes in the City that are in the foreclosure process. In response to Mayor Michael, the supervisor noted that just because a home is registered, it doesn t mean that they are delinquent. Mr. Keating noted to Council Member Buquet that a lien is put on the property in order to recover the City s costs. Mr. Keating noted that this is a good program, stating that 232 cases have been resolved in the last 18 months. Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Q1. CONSIDERATION AND DISCUSSION OF SELECTION FOR MAYOR PRO TEM MOTION: Moved by Williams, seconded by Buquet, to select Council Member Spagnolo as Mayor Pro Tem. Motion carried 5 0. For the benefit of the audience, Mayor Kurth noted that Council Member Spagnolo is the most senior Council member who has not yet served as Mayor Pro Tem. Q2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander wished everyone a Merry Christmas and a Happy New Year. He noted the need to lend a helping hand to the seniors in the community. Council Member Williams thanked everyone who visited the Metrolink holiday train. She noted that there were a great number of people enjoying Santa and Mrs. Claus. Mayor Pro Tem Spagnolo noted that there are a lot of families in need and encouraged everyone to support the needy. He commended the staff that worked on the Healthy RC C.A.S.A. program and wished everyone a Merry Christmas. Mayor Michael commented on the grant received from the Robert Wood Johnson Foundation for the C.A.S.A. program and commended the staff for their hard work. He noted that there is no time during the course of the year that it is more important to give to those less fortunate. He wished everyone a Merry Christmas. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. December 15, 2010 Page 8 of 9

9 S. ADJOURNMENT Mayor Michael adjourned the meeting at 8:37 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: January 19, 20114, 2010 July 21, 2010 June December 15, 2010 Page 9 of 9