May 2, 2012 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY COUNCIL CLOSED SESSION MINUTES

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1 May 2, 2012 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, May 12, 2012 in the Tapia Room at the Civic Center located at Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were District/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice President/Mayor Pro Tem Sam Spagnolo and President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager and Lori Sassoon, Deputy City Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items are being considered: D1. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP AND EXECUTIVE MANAGEMENT EMPLOYEES FIRE, 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 6:40 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, 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. May 2, 2012 Page 1 of 8

2 Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams; Vice President/Vice Chairman Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager; Bill Wittkopf, Public Works Services Director; Robert Karatsu, Library Director; Veronica Fincher, Animal Services Director; Mark Steuer, Director of Engineering Services; Nettie Nielson, Community Services Director; Jeff Bloom, Interim Planning Director; Trang Huynh, Building & Safety Services Director; Police Chief Mike Newcombe; Fire Chief Mike Bell; Debra McNay, Records Manager/Assistant City Clerk and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Certificates of Appreciation to Scrubby Puppy and AF Photo Design for Support of Animal Care and Services Center. Mayor Michael presented certificates of appreciation to Scrubby Puppy and AF Photo Design for their support of the Animal Care and Services Center. H2. Certificates of Achievement to Alta Loma Braves Dance Team for Winning National Championship. Mayor Michael presented certificates of achievement to the members of the Alta Loma Braves Dance Team. H3. Proclamation declaring May 6 13, 2012, as "Wildfire Awareness Week." Mayor Michael presented a proclamation for Wildfire Awareness Week. I. PUBLIC COMMUNICATIONS I1. Jim Russell invited the City Council and the audience to the Black and White Gala, to be held on May 5, 2012 at Central Park. I2. Michelle Dazalla announced the Second Annual National Physical Fitness Month and activities sponsored by the Community Services Department. I3. Teresa Akahoshi invited the City Council and the audience to Bark in the Ballpark at the Epicenter on May 30, June 13, July 11 and August 15, Also, she announced the Animal Center s Furry Friends Flea Market on June 2, Lastly, on behalf of the Reyes family, she thanked the City and various Departments for all of their support. I4. Bill Hanlon made a presentation opposing Ordinance Nos. 849 and 851 (Parade and Assembly Ordinances) and requested that these two unconstitutional Ordinances be repealed. Mr. Hanlon also noted that there will be a Veteran s oral history program at Rancho Cucamonga High School tomorrow. I5. Rick Creed noted that Lance Cpl. John Pruitt was laid to rest today. He also commented on the Armed Forces art exhibit at Central Park, noting that the exhibit will be on display the entire month of May. I6. Raymond Herrera urged the City Council not to spend City funds on a Cinco de Mayo celebration, expressed a concern with a local billboard sign written in Spanish and urged the City Council to celebrate America. May 2, 2012 Page 2 of 8

3 I7. Robin Hvidston opposed the celebration of Cinco de Mayo in the City. She spoke about the gang activity currently occurring in Mexico. Regarding the billboard, she noted the need for companies to advertise in English and urged the City Council to celebrate America. I8. John Lyons stated that the City Council supported the constitution. He commented on the Friends of Murder Victims event that was held last week. I9. Dave Schultz indicated that he delivers newspapers in the City. He noted that he had a bad experience with a Rancho Cucamonga officer last week on 19th Street, east of Amethyst when he was issued a ticket. I10. Renea Wickman noted that she is a candidate for Congress District 31, expressed her qualifications and requested everyone s vote on June 5, CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR FIRE PROTECTION DISTRICT J1. Approval of Minutes: April 18, 2012 (Regular Meeting) J2. Approval of Check Register dated April 11, 2012 through April 24, 2012 for the total of $130, J3. Approval of amended Fiscal Year 2011/12 appropriations. MOTION: Moved by Spagnolo, seconded by Buquet, to approve the staff recommendations in the staff reports. Motion carried 5 0. K. CONSENT CALENDAR SUCCESSOR AGENCY K1. Approval of a Repayment Schedule for the loan between the City of Rancho Cucamonga and the Successor Agency to the Rancho Cucamonga Redevelopment Agency. K2. Approval of amended Fiscal Year 2011/12 appropriations. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5 0. L. CONSENT CALENDAR PUBLIC FINANCING AUTHORITY L1. Approval of Minutes: April 18, 2012 (Regular Meeting) MOTION: Moved by Alexander, seconded by Spagnolo, to approve the minutes. Motion carried 5 0. May 2, 2012 Page 3 of 8

4 M. CONSENT CALENDAR CITY COUNCIL Council Member Buquet requested that Item M7 be removed from the Consent Calendar, noting that he needed to recuse himself from voting on it. City Manager Gillison reported that a corrected report for Item M7 has been placed in front of the City Council. M1. Approval of Minutes: April 18, 2012 (Regular Meeting) M2. Approval of Check Register dated April 11, 2012 and payroll ending April 24, 2012 for the total amount of $5,930, M3. Approval of the project Development Cooperative Agreement between the City of Rancho Cucamonga and the City of Ontario for the Fourth Street Pavement Rehabilitation from Ontario Mills Drive to Wineville Avenue. M4. Approval of Improvement Agreement and security for removal of interim basin appurtenances in Tract 14139, located at the southwest corner of Etiwanda Avenue and Golden Prairie Drive, submitted by Centex Homes. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR THE REMOVAL OF INTERIM BASIN APPURTENANCES IN TRACT M5. Accept the bids received and award and authorize the execution of the contract in the amount of $195,183.58, to the lowest responsive bidder, Elite Companies Us, Inc, and authorize the expenditure of a 10% contingency in the amount of $19,518.36, for the Etiwanda Creek Park Parking Lot Renovation and West Beryl Park ADA Retrofit to be funded from Park Development Funds, Account Nos / and / M6. Approval to award a Single Source contract (CO ) to UPSCO Powersafe Systems, Inc. (UPSCO) of Upland, for the Emergency Replacement of the Uninterrupted Power Supply Batteries at the Cultural Center in the amount of $60,480 to be funded from ($53,030) and ($7,450). M7. Public Convenience Necessity DRC Rock The Keys A request to change the Alcoholic Beverage Control License from a Type 47 (On Sale General with Bona Fide Public Eating Place ) to a Type 48 (On Sale General for Public Premises) at an existing restaurant/ bar located within the Foothill Boulevard Community Commercial District (Subarea 3) at Foothill Boulevard. APN: Related File: DRC Conditional Use Permit. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section (Class 1 Exemption Existing Facilities). Removed for Discussion. May 2, 2012 Page 4 of 8

5 RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A REQUEST TO CHANGE THE ALCOHOLIC BEVERAGE CONTROL LICENSE FROM A TYPE 47 (ON SALE GENERAL WITH BONA FIDE PUBLIC EATING PLACE) TO A TYPE 48(ON SALE GENERAL FOR PUBLIC PREMISES) AT AN EXISTING RESTAURANT/BAR LOCATED WITHIN THE FOOTHILL BOULEVARD COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) AT FOOTHILL BOULEVARD APN: RELATED FILE: DRC CONDITIONAL USE PERMIT. M8. Public Convenience or Necessity DRC Target Corporation A request for a Public Convenience or Necessity to upgrade from a Type 20 Off Sale Beer and Wine license to a Type 21 Off Sale General License for an existing retail store located in the Community Commercial (CC) District of the Terra Vista Community Plan, located at Foothill Boulevard APN: Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR AN UPGRADE FROM A TYPE 20 OFF SALE BEER AND WINE LICENSE TO A TYPE 21 OFF SALE GENERAL LICENSE FOR AN EXISTING RETAIL STORE LOCATED IN THE COMMUNITY COMMERCIAL (CC) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT FOOTHILL BOULEVARD APN: M9. Approval of amended Fiscal Year 2011/12 appropriations. M10. Approval of a Repayment Schedule for the loan between the City of Rancho Cucamonga and the Successor Agency to the Rancho Cucamonga Redevelopment Agency. M11. Approval of a Resolution committing the City to a minimum 10% local match of total construction costs as required to apply for a State Bicycle Transportation Account grant to fund the Pacific Electric Trail Safety Enhancement Project. RESOLUTION NO CUCAMONGA, CALIFORNIA, COMMITTING THE CITY TO A MINIMUM 10% LOCAL MATCH OF TOTAL CONSTRUCTION COSTS FOR THE PACIFIC ELECTRIC TRAIL SAFETY ENHANCEMENT PROJECT Item M7 was removed for discussion. MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the remaining staff reports. Motion carried 5 0. May 2, 2012 Page 5 of 8

6 M7. Public Convenience Necessity DRC Rock The Keys A request to change the Alcoholic Beverage Control License from a Type 47 (On Sale General with Bona Fide Public Eating Place ) to a Type 48 (On Sale General for Public Premises) at an existing restaurant/ bar located within the Foothill Boulevard Community Commercial District (Subarea 3) at Foothill Boulevard. APN: Related File: DRC Conditional Use Permit. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section (Class 1 Exemption Existing Facilities). Removed for Discussion. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A REQUEST TO CHANGE THE ALCOHOLIC BEVERAGE CONTROL LICENSE FROM A TYPE 47 (ON SALE GENERAL WITH BONA FIDE PUBLIC EATING PLACE) TO A TYPE 48(ON SALE GENERAL FOR PUBLIC PREMISES) AT AN EXISTING RESTAURANT/BAR LOCATED WITHIN THE FOOTHILL BOULEVARD COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) AT FOOTHILL BOULEVARD APN: RELATED FILE: DRC CONDITIONAL USE PERMIT. Council Member Buquet left the room. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendation in the corrected staff report. Motion carried (Council Member Buquet absent). Council Member Buquet returned to the dais. N. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non controversial. The Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Board Member, or Council Member. N1. Ordinance Adopting the Wildland Urban Interface Fire Area Map Second Reading ORDINANCE NO. FD 52 (SECOND READING) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, ESTABLISHING THE WILDLAND URBAN INTERFACE FIRE AREA, AND MAKING CERTAIN AMENDMENTS TO DEFENSIBLE SPACE REQUIREMENTS City Manager John Gillison presented the staff report. Council Member Alexander indicated a concern with the very large field around Central Park. The Assistant City Clerk/Records Manager read the title of Ordinance No. FD 52. MOTION: Moved by Spagnolo, seconded by Alexander, to adopt Ordinance No. FD 52. Motion carried 5 0. May 2, 2012 Page 6 of 8

7 O. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. O1. Approval of a Resolution establishing and revising fees for Facility Use and Maintenance Services provided to other Fire Agencies and Fire Equipment Manufacturers. RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AND REVISING FEES FOR FACILITY USE AND MAINTENANCE SERVICES PROVIDED TO OTHER FIRE AGENCIES AND FIRE EQUIPMENT MANUFACTURERS Don Cloughesy, Battalion Chief, presented the staff report. In response to Council Member Buquet, Chief Cloughesy confirmed that the fees were for services requested by other agencies. Chairman Michael opened the public hearing. With no one wishing to speak, Chairman Michael closed the public hearing. MOTION: Moved by Buquet, seconded by Spagnolo to adopt Resolution No. FD Motion carried 5 0. P. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. P1. Introduce Ordinance revising purchasing procedures pertaining to the publication of formal bids, and amending Title 3, Section , of Chapter 3.08 of the Rancho Cucamonga Municipal Code. ORDINANCE NO. 853 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REVISING PURCHASING PROCEDURES PERTAINING TO THE PUBLICATION OF FORMAL BIDS, AND AMENDING TITLE 3, SECTION , OF CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Keri Hinojos, Acting Purchasing Manager, presented the staff report. The Assistant City Clerk/Records Manager read the title of Ordinance No MOTION: Moved by Williams, seconded by Spagnolo, to take up Ordinance No. 853 for first reading and set second reading for May 16, Motion carried 5 0. May 2, 2012 Page 7 of 8

8 Q. COUNCIL BUSINESS Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Buquet noted that members of the City Council would be at Rancho Cucamonga High school tomorrow for the veteran s oral history program. Q2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Spagnolo reported on the April 18th SB 986 Committee Hearing, noting that a City delegation traveled to Sacramento to testify in front of the Senate Committee on Governance and Finance. He noted that the bill passed unanimously in the Committee and is scheduled to be heard by the Senate Committee on Appropriations on May 7th. Mayor Pro Tem Spagnolo commented on the Federal budget and indicated that the House approved its FY 2013 budget plan last month. This plan sets discretionary spending limits at $1.028 trillion for the upcoming fiscal year, $19 billion less than the amount agreed to by the Administration and Congress in last year s Budget Control Act. Mayor Pro Tem Spagnolo indicated that Senator Bob Dutton has been named Legislator of the Year by WeTip. Senator Dutton was chosen for his very strong stance on public safety, and his understanding of the importance of prevention measures in promoting public safety. Lastly, he reported that Assemblyman Mike Morrell has been appointed Republican Whip. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. S. ADJOURNMENT Mayor Michael adjourned the meeting at 8:25 p.m. Respectfully submitted, Approved: April 18, 2012 December 7, 2011 Debra L. McNay, MMC Assistant City Clerk/Records Manager May 2, 2012 Page 8 of 8