May 15, 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 and Successor Agency held a closed session on Wednesday, May 15, 2013 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor Pro Tem Sam Spagnolo. Present were Council/Successor Agency Members: Bill Alexander, Diane Williams, Marc Steinorth and Mayor Pro Tem Sam Spagnolo. Mayor L. Dennis Michael was absent. Also present were: John Gillison, City Manager; City Attorney James Markman, 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 LEGAL COUNSEL ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B) CITY, SUCCESSOR AGENCY 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 6:15 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, Successor Agency, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Vice President/Vice Chairman/Mayor Pro Tem Sam Spagnolo called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams and Vice President/Vice Chairman/Mayor Pro Tem Sam Spagnolo. President/Chairman/Mayor L. Dennis Michael was absent. Regular Meeting May 15, 2013 Page 1 of 6
Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services; Jeff Bloom, Assistant City Manager/Economic & Community Development; Trang Huynh, Building & Safety Services Director; Bill Wittkopf, Public Works Services Director; Mark Steuer, City Engineer; Nettie Neilson, Community Services Director; Robert Karatsu, Library Services Director; Veronica Fincher, Animal Care and Services Director; Fire Chief Mike Bell; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Proclamation declaring May, 2013 as Building and Safety Month. Mayor Pro Tem Spagnolo presented a proclamation to Trang Huynh, Building & Safety Services Director declaring May, 2013 as Building and Safety Month. H2. Healthy RC Dining Presentation. Recognizing Boston s the Gourmet Pizza. Mayor Pro Tem Spagnolo presented a certificate of appreciation to Boston s the Gourmet Pizza. H3. Proclamation for National Emergency Medical Services (EMS) Week May 19 25, 2013 Mayor Pro Tem Spagnolo presented a proclamation to Fire Chief Mike Bell for the National Emergency Medical Services Week. H4. Presentation Recognizing the City for Receiving the Urban Land Institute s Best of the Best Award. Alana Rivadeneyra, Sustainability Coordinator, presented the City Council with the Urban Lane Institute s Best of the Best Award. H5. Presentation of the Rancho Cucamonga Chamber of Commerce Business Liaison of the Year to Francie Palmer, Community Services Department Marketing Manager. Mayor Pro Tem Spagnolo congratulated Francie Palmer, Management Analyst II, for receiving the Chamber s Business Liaison of the Year award. H6. Animal Center Information. Linda Daniels, Assistant City Manager, presented an update regarding the Animal Care and Services Center. I. PUBLIC COMMUNICATIONS I1. Janet Walton offered a prayer for the City Council and the audience. I2. Marla Tauscher addressed the City Council regarding a public record act request that she had made for approximately 8,000 pages of records. She noted that the purpose of the PRA is being thwarted and indicated that she had wasted a tremendous amount of time trying to obtain the records to no avail. I3. Susan Keithly referenced records that she had received from a public record act request, noting that redacted information was provided. She expressed a concern with the decrease in the number of the animals at the Center. She did not understand why meetings have not been set up, noting that she did not want to sue the City. I4. Allison Kreider attended a recent Cinco de Mayo event on May 4, 2013 and inquired why the Animal Care and Adoption Center staff was not at this event. Regular Meeting May 15, 2013 Page 2 of 6
I5. Dana Keithly stressed the need to consider the activities at the Animal Care and Adoption Center in context with the use of volunteers. She inquired why animals were dying, why the play groups are being supported by paid staff and why everything is being organized by management. I6. Victor Muniz addressed the pending Proposition 218 election in Landscape Maintenance District No. 2. He noted that the City ignored the vote of the people and failed to scale down operations to live within the budget. Also City funds were misused. Mr. Muniz inquired how a citizens committee will function to monitor the budget when simple information can t be provided. I7. Jim Moffatt expressed concerns with the termination of volunteers at the Animal Care and Adoption Center and wondered if the employee received his First Amendment rights. I8. Ed Dietl noted that the situation at the Animal Care and Adoption Center has gotten out of hand. He noted that historic preservation is one of the City s failures and urged the City Council to support the preservation of the China House. I9. Ondra Gielbertson recommended the book, Friendly Fire by Nathan Winograd. She noted that the sooner that we realize that the system is broken, the sooner it can be fixed. Ms. Gielbertson addressed the Nevada Humane Society in Reno, which provides a No Kill facility. I10. Victoria Reust noted that most temperament testing for dogs is performed leash to leash and nose to nose. Many dogs are euthanized for behavioral reasons. She referenced the Department s statistical report, noting that someone should explain why the Center is thriving when animals are being euthanized. I11. Mary Ann Koozin indicated that she enrolled in a truck driving school but was set up to fail. She indicated that she was dropped from school and had to pay the tuition out of her retirement account. I12. Nicole Myerchin stressed that all of the right activities being performed by the Animal Care and Adoption Center does not mean that there is not something wrong at the facility. She referenced euthanasia records that were provided in response to a public record act request. Sixteen cats were euthanized in one day. I13. Kelly Heilig noted that the City Council members are elected and stressed the need for transparency. She did not support the use of her tax dollars to euthanize animals. I14. John Lyons encouraged people not to drink and drive. He noted that the Victoria planned community is one of the most beautiful communities in the City and urged property owners to vote in support of the increased assessment. 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: May 1, 2013 (Regular Meeting) J2. Approval of Check Register dated April 24, 2013 through May 7, 2013 for the total amount of $70,582.70. J3. Approval to receive and file current Investment Schedule as of April 30, 2013. MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 4 0 1 (Mayor Michael absent). Regular Meeting May 15, 2013 Page 3 of 6
K. CONSENT CALENDAR PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: May 1, 2013 (Regular Meeting) MOTION: Moved by Williams, seconded by Alexander, to approve the minutes of the meeting. Motion carried 4 0 1 (Mayor Michael absent). L. CONSENT CALENDAR CITY COUNCIL L1. Approval of Minutes: May 1, 2013 (Regular Meeting) L2. Approval of Check Register dated April 24, 2013 through May 7, 2013 and payroll ending May 7, 2013 for the total of $3,220,038.30. L3. Approval to receive and file current Investment Schedule as of April 30, 2013. L4. Approval to renew Professional Services Agreement (CO#12 049) with Applied Planning, Inc. for 2013 2014 as stipulated in the contract to provide an Environmental Impact Report for the proposed Walmart Super Store Project located at the northeast corner of Foothill Boulevard and Mayten Avenue (DRC2012 00049). L5. Authorization to advertise the Notice Inviting Bids for the Central Park Carpeting Project. RESOLUTION NO. 13 058 13 063 CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CENTRAL PARK RECARPETING PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Accept the Etiwanda Creek Park Sports Lighting Replacement Project, Contract No. 13 013 as complete; release the bonds; approve a Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention 35 days after acceptance and approve the final contract amount of $103,373.07. RESOLUTION NO. 13 059 CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT CONTRACT, NO. 13 013 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. L7. Approval to authorize the advertising of the Notice Inviting Bids for the construction of Etiwanda Avenue sidewalks, curb and gutter, ramps and flashing beacons, adjacent to Grapeland Elementary School and Etiwanda Intermediate School, to be funded from Safe Routes to School Grant, Gas Tax and Citywide Infrastructure Funds. Regular Meeting May 15, 2013 Page 4 of 6
RESOLUTION NO. 13 060 CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS, ADJACENT TO GRAPELAND ELEMENTARY SCHOOL AND ETIWANDA INTERMEDIATE SCHOOL, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L8. Accept the bids received and award and authorize the execution of the contract in the amount of $268,000.00, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $26,800.00, for the Banyan Street Sidewalk and Pavement Rehabilitation from Etiwanda Avenue to 850 feet west of East Avenue project to be funded from Gas Tax RT 7360 Funds and Proposition 42 Funds, Account Numbers 1174303 5650/1737174 0 and 1190303 5650/1737190 0, respectively. L9. Approval of the Multi Use Trail Common Use Agreement Amendment No. 2, for the City s use of the County s Cucamonga Creek Channel s right of way, and authorizing the Mayor to sign said agreement. L10. Approval of Improvement Agreement Extension for Tract 17651 and 18708, located on the south side of Banyan Street, east of East Avenue, submitted by K. Hovanian at Andalusia, LLC. RESOLUTION NO. 13 061 CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 17651 AND 18708 L11. Accept improvements and file a Notice of Completion for improvements (Traffic Signal) for Tract 17651 and 18708, located on the south side of Banyan Street, east of East Avenue,submitted by K. Hovanian at Andalusia, LLC. RESOLUTION NO. 13 062 CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS (TRAFFIC SIGNAL) FOR TRACT 17651 AND 18708 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L12. Receive Quarterly Budget Update Report. L13. Update on the Chinatown House (historically designated property) located at 9591 San Bernardino Road. MOTION: Moved by Williams, seconded by Alexander, to adopt the recommendations in the staff reports. Motion carried 4 0 1 (Mayor Michael absent). M. CITY MANAGER S STAFF REPORT The following item has no legal publication or posting requirements. Regular Meeting May 15, 2013 Page 5 of 6
M1. Recognizing the Rancho Cucamonga Library for winning the 2013 National Medal for Museum and Library Service. (Oral Report) Robert Karatsu, Library Director, provided a report on the Rancho Cucamonga Library s recognition of the 2013 National Medal for Museum and Library Services. N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. N1. INTER AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) N2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander noted that he attended the Run for the Wall event at Victoria Gardens, and really appreciated the efforts of the riders and the services rendered by the Armed Forces. Council Member Williams reported that she attended a meeting of the Local Agency Formation Commission this morning where the Commission considered a service provision from the City of Needles. Council Member Steinorth commented on an event hosted by The Be Perfect Foundation on May 11, 2013. Mayor Pro Tem Spagnolo reminded the property owners in the Victoria neighborhood to cast their vote in the upcoming Proposition 218 election. O. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. P. ADJOURNMENT Mayor Michael adjourned the meeting at 8:55 p.m. after a moment of silence for Deputy John Vogel. Respectfully submitted, Approved: June 5, 2013 Debra L. McNay, MMC Assistant City Clerk/Records Manager Regular Meeting May 15, 2013 Page 6 of 6