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HomeMy WebLinkAbout2001/07/18 - MinutesJuly 18, 2001 CITY OF RANCHO CUCAMONGA C~TY COUNCIL MINUTES Re.qu ar Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 18, 2001 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:39 p.m. by Mayor William J. Alexander. Present were Councilmembers; Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Mitch Slagerman, Sr. RDA Analyst; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II1: Jodi Sorrell, Marketing Manager; Joe O'Neil, City Engineer; Brad Buller, City Planner; Allen Warren, Associate Planner; Sal Salvador, Associate Planner; Bill Makshanoff, Building Official; Tamara Layne, Finance Officer; Michael Toy, Information Systems Specialist; Lorraine Phong; Information Systems Analyst; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Demonstration of the Community Services Department's new Web Site, "RCPARK.Com." Jodi Sorrell, Marketing Manager, made the presentation. B2. Presentation of City Championship trophies to the Tigers Little League Baseball Team, Major Division. Mayor Alexander introduced head coach, Pat Clark, to come forward and introduce the team. They were presented trophies. Assistant Coaches Scott Reed and John Fehr were also part of the presentation. C. COMMUNICATIONS FROM THE PUBLIP, Cl. Barbara Bly expressed her thanks and gratitude to the Mayor, Council and staff for working together on the relocation of the cell tower in Windrows Park. C2. Danielle Parker stated she supported what everyone did to relocate the tower and for addressing the people's needs. C3. John Lyons of Etiwanda stated this has been a history-making month as far as development is concerned, i.e., plans for the mall and Foothill Boulevard. He reported Socorro's is going to close and reopen at the end of this month under a new name. He continued to talk about the freeway about to open up. City Council Minutes July 18, 2001 Page :2 Mayor Alexander stated the freeway will not open this weekend, but would reopen around the first of August. C4. Patsy Bland of the Windrows area, thanked the Council for their support of the way the residents were feeling about the relocation of the tower. She thanked the Council for taking action. She stated she wants to point out to the Council that there is no proof that the towers are not harmful to people. She asked the Council not to put any more towers near residences. D. CONSENT CALENDAR D1. Approval of Minutes: May 16,2001 June 6, 2001 June 6, 2001 June 6,2001 June 7, 2001 June 14, 2001 (Curatalo absent) (Special Study Session Curatalo absent) (Adjourned Study Session Curatalo absent) (Adjourned Meeting Curatalo absent) (Adjourned Meeting Curatalo absent) June 20, 2001 (Dutton absent) D2. Approval of Warrants, Register Nos. 6/13/01, 6/20/01, 6/27/01 and 7/3/01 and Payroll ending 6/17/01 and 7/2/01 for the total amount of $4,543,676.73. D3. Approve to receive and file current Investment Schedule as of June 30, 2001. D4. Approval to authorize the advedising of the "Notice Inviting Bids" for Access Ramp Improvements generally located along Hermosa Avenue and Lemon Avenue, to be funded from Account Nos. 11763035650/1150176-0 and 12143035650/1017214-0. RESOLUTION NO. 01-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ACCESS RAMP IMPROVEMENTS GENERALLY LOCATED ALONG HERMOSA AVENUE AND LEMON AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to authorize the advertising of the "Notice inviting Bids" for the Traffic Signal and Safety Lighting at Milliken Avenue and Vintage Drive Improvement Project, to be funded from Account No. 11243035650/1253124-0. RESOLUTION NO. 01-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT MILLIKEN AVENUE AND VINTAGE DRIVE IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes July 18, 2001 Page 3 D6. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Parcel Map 15349, located at the northeast corner of Milliken Avenue and Church Street, submitted by LDC Cougar, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 01-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15349, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 01~169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL MAP 15349 D7. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for DR 99- 77 located on the southeast corner of 6th Street and Hermosa Avenue, submitted by Cabot Industrial Properties, L.P. RESOLUTION NO. 01-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-77 RESOLUTION NO. 01-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-77 D8. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Development Review 00-46, located on the northwest corner of Foothill Boulevard and Aspen Avenue, submitted by Western Land Properties. RESOLUTION NO. 01-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 00-46 City Council Minutes July 18, 2001 Page 4 RESOLUTION NO. 01-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR DEVELOPMENT REVIEW NO. 00-46 D9. Approval to accept the bids received, appropriate additional funds, and award and authorize the execution of the Contract in the amount of $560,966.93 ($509,969.94 plus 10% contingency) to the apparent Iow bidder, AIl American Asphalt, for the Construction of the FY 2000/2001 Local Street Rehabilitation-Overlay Project, to be funded from AB 2928 Traffic Congestion Relief Funds, Account No. 11823035650/1022182-0. D10. Approval of a proposal for co-sponsorship of the Rancho Cucamonga Chamber of Commerce Grape Harvest Festival scheduled for October 5 - 7, 2001. Dll. Approval of an Amended Agreement with the County of San Bernardino for Animal Shelter Operations (CO 96-048) not to exceed $305,600 and approval of a budget appropriation of $45,000 to fund State Mandated Shelter Programs. D12. Approval of a Contract with Deloitte & Touche (CO 01-063) for the development of an Information Technology Master Plan. D13. Approval of an Agreement with AT&T (CO 01-064) for the relocation of the Wireless Facility at Windrows Park and Sub-Lease Agreement with the City Redevelopment Agency (CO RA 01-023). MOTION: Moved by Biane, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF A ORDINANCE ESTABLISHING COMMUNITY FACILITIES DISTRICT 2001-01 AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED .ELECTORS ORDINANCE NO. 658 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN EACH OF IMPROVEMENT AREAS NO. 1, 2, AND 3 OF SUCH DISTRICT Debra J. Adams, City Clerk, read the title of Ordinance No. 658. MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 658. Motion carried 4-0-0-1 (Dutton abstained). City Council Minutes July 18, 2001 Page $ E2. CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-02 - CITY OF RANCHO CUCAMONGA - A request to amend various sections of the Victoria Community Plan for consistency with the Victoria Arbors Master Plan and the Mixed Use Land Use Designation. ORDINANCE NO. 659 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-02, AMENDING VARIOUS SECTIONS OF THE VICTORIA COMMUNITY PLAN FOR CONSISTENCY WITH THE VICTORIA ARBORS MASTER PLAN AND THE MIXED USE LAND USE DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk, read the title of Ordinance No. 659. MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 659. Motion carried 4-0-0-1 (Dutton abstained). E3. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE DISSOLUTION OF COMMUNITY FACILITIES DISTRICT 91-1 AND IMPROVEMENT AREA NO. 1, AND REPEALING ORDINANCE 490 AND ORDINANCE 502 ORDINANCE NO. 660 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DISSOLUTION OF COMMUNITY FACILITIES DISTRICT NO. 91-01 (VICTORIA COMMUNITY) AND IMPROVEMENT AREA NO. 1 THEREIN AND REPEALING ORDINANCE NO. 490 AND ORDINANCE NO. 502 Debra J. Adams, City Clerk, read the title of Ordinance No. 660. MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 660. Motion carried 4-0-0-1 (Dutton abstained). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02A - LEWIS RETAIL CENTERS -A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN: 227-361-65. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM DECEMBER 20, 2000) CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEWIS RETAIL CENTER,g - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider Community Plan text changes to better define the scope of Village Commercial development in the immediately area - APN: 227-351-65. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM DECEMBER 20, 2000) City Council Minutes July 18, 2001 Page 6 CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00- 02C - CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designatio. from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. Related files: General Plan Amendment 00-02A, Victoria Community Plan Amendment 00-02, and Victoria Community Plan Amendment 00-03. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM DECEMBER 20, 2000) CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND V~CTORIA COMMUNITY PLAN AMENDMENT 00-03 - CITY OF RANCHO CUCAMONGA - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acre adjacent to the ease side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. Related files: General Plan Amendment 00-02A, Victoria Community Plan Amendment 00-02, and General Plan Amendment 002-02C. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM DECEMBER 20, 2000) Staff report presented by Allen Warren, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was dosed. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 661 and 662. RESOLUTION NO. 01-174 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-881-01 ORDINANCE NO. 661 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00-02, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR 1.244 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-881-01 City Council Minutes July 18, 2001 Page 7 RESOLUTION NO. 01-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02C, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 662 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00-03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR .24 ACRE OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEST AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF I~OTION: Moved by Biane, seconded by Williams to approve Resolution Nos. 01-174 and 01-175 and to waive full reading and set second reading of Ordinance Nos. 661 and 662 for August 1, 2001. Motion carried unanimously 5-0. F2. COUNCILMEMBER DUTTON STATED HE WOULD BE ABSTAINING FROM THIS ITEM BECAUSE OF PROPERTY HE OWNS NEAR THIS PROJECT. HE LEFT THE MEETING AT 8:15 P.M. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRCGPA01-01B - BURNETT COMPANIE,g - A request to change the General Plan land use designation from Industrial Park to Mixed Use for approximately 18.5 acres located at the southwest corner of Haven Avenue and Foothill Boulevard (APN: 208-331-01, 24, 25, and 26) and from Medium- High Residential (14-24 dwelling units per acre) to Mixed Use for approximately 13 acres, located 630 feet west of Haven Avenue on the north side of Civic center Drive (APN: 208-331-24 and portions of 208-331-25 and 26). Staff has prepared a Negative Declaration of environmental impacts for consideration. Related files: Development District Amendment DRCDDA01-01 and Development Code Amendment DRCDCA01-01. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRCDD101-01 - BURNETT COMPANIE~ - A request to change the zoning districts from Industrial Park to Mixed Use for approximately 18.5 acres, located at the southwest corner of Haven Avenue and Foothill Boulevard (APN: 208-331~01 and portions of 208-331-25 and 26), and from Medium-High Residential (14-24 dwelling units per acre) to Mixed use for approximately 13 acres of land, located 630 feet west of Haven Avenue on the north side of Civic Center Drive, and establish industrial District Subarea 19 for the entire 31~acre site. (APN: 208-331-24 and portions of 208-331-25 and 26). Related files: General Plan Amendment DRCGPA01-01B and Development Code Amendment DRCDCA01-01. Staff has prepared a Negative Declaration of environmental impacts for consideration. City Council Minutes July 18, 2001 Page 8 CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRCDCA01-01 - BURNETT COMPANIES - A request to establish development standards for the Mixed Use designation of Subarea 19 of the Industrial Districts section for approximately 31.5 acres of land, located at the southwest corner of Haven Avenue and Foothill Boulevard - APN: 208-331-01,24, 25, and 26. Related files: General Plan Amendment DRCGPA01-01B and Development District Amendment DRCDDA01-01. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Allen Warren, Associate Planner. Councilmember Biane clarified what was being done tonight, but wanted to go on record that he wants the vineyards to be included into the project design. Councilmember Williams hopes that the vineyards can be started in other areas of the City where it is appropriate. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Oliver Cagle, Burnett Companies, stated they agree with staff's repod and will continue working with them. He stated they have addressed the issues about the vineyards tonight and will try to preserve as much of them as possible. There being no further response, the public hearing was closed. RESOLUTION NO. 01-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRCGPA01-01B, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT AND MAP PROVISIONS FROM INDUSTRIAL PARK TO MIXED USE FOR APPROXIMATELY 18.5 ACRES LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD (APN: 208-331-01 AND PORTIONS OF 208-331-25 AND 26) AND FROM MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) TO MIXED USE FOR APPROXIMATELY 13 ACRES, LOCATED 630 FEET WEST OF HAVEN AVENUE ON THE NORTH SIDE OF CIVIC CENTER DRIVE (APN: 208-$31-24 AND PORTIONS OF 208-331-25 AND 26), AND MAKING FINDINGS IN SUPPORT THEREOF MOTOIN: Moved by Williams, seconded by Biane to approve Resolution No. 01-176. Motion carried 4-07 0-1 (Dutton abstained). ORDINANCE NO. 663 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRCDDA01-01, TO AMEND THE DEVELOPMENT DISTRICT MAP FROM INDUSTRIAL PARK TO MIXED USE FOR APPROXIMATELY 18.5 ACRES, LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD (APN: 208-331-01 AND PORTIONS OF 25 AND 26) AND FROM MED~UM- HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) TO MIXED USE FOR APPROXIMATELY 13 ACRES LOCATED 630 FEET WEST OF HAVEN AVENUE ON THE NORTH SIDE OF CIVIC CENTER DRIVE (APN: 208-331-24 AND PORTIONS OF 25 AND 26), ESTABLISHING SUBAREA 19 WITHIN THE INDUSTRIAL DISTRICTS FOR THE City Council Minutes July 18, 2001 Page 9 COMBINED MIXED USE SITE, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 664 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRCDCA01-01, TO ESTABLISH A MIXED USE DISTRICT LISTING AND INDUSTRIAL SUBAREA 19, WITH ACCOMPANYING DEVELOPMENT STANDARDS BY AMENDING SECTIONS 17.08.030.F AND 17.30.080 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 663 and 664 for August 1, 2001. Motion carried unanimously 4-0-0-1 (Dutton abstained). DUTTON RETURNED TO THE MEETING AT 8:20 P.M. F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRCGPA01-01A - ETIWANDA SCHOOL DISTRICT - A request to change the land use designation from Public Facilities-Park to Low Residential (2-4 dwelling units per acre) for approximately 11.5 acres located east of the future extension of Day Creek Boulevard, approximately 1.3 miles noah of Highland Avenue - APN: Podion of 225-07-67. Related file: Etiwanda NoAh Specific Plan Amendment DRCENSPA01-01 and Tentative Tract 16100. Staff has prepared a Negative Declaration of environmental impacts for consideration. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRCENSPA01-01 - ETIWANDA SCHOOL DISTRICT - A request to change the land use designation from Open Space to Low Residential (2-4 dwelling units per acre) for approximately 11.5 acres located east of the future extension of Day Creek Boulevard, approximately 1.3 miles noah of Highland Avenue - APN: Podion of 225-07-67. Related file: General Plan Amendment DRCGPA01-01B and Tentative Tract 16100. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Allen Warren, Associate Planner. Mayor Alexander asked when staff doesn't take the suggestions of a particular outside agency, does it create any stumbling blocks down the road. Allen Warren, Associate Planner, stated it shouldn't because their assumption was that there was existing habitat there at the time of considering the application, and added it is not there now because it has been grubbed and cleared for the construction. He stated this occurred before the annexation. He stated the City does not require permits for grubbing. He stated the City does not believe this is an issue because of the corrected measures taken. Mayor Alexander asked if litigation was unlikely. James Markman, City Attorney, stated when the Council considers this project, the property is in a certain state. He stated the school district already had processed and grubbed the property. To put a condition on them that required them to essentially find equal land somewhere else which would take the head out July 18, 2001 Page of the project or the economics out of it, would be more likely to create litigation than to recognize the status of the property today. He stated he would like the Council to go with the facts they believe. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Leonna Klipstein, Spirit of the Sage, stated they spoke in opposition of this project before the Planning Commission. They felt it was a knat catcher location per the Fish and Wildlife Service, She stated this is old University Crest Project site. She felt it was critical habitat and should not be disturbed. She stated they will give their 60 day intent to sue the City and the school district if they go forward with this project.. Joe Olson of the school district talked about the difficulty in getting funding for this project. He continued to talk about alternative uses for the property. He stated the school district did go through two environmental processes for this project. He stated there have been no comments from anyone including Fish & Game during the environmental process for the approval of this. Delores Wiltz of Habitat Trust, stated the Fish & Wildlife is a local agency. She did not feel the education system teaches enough about vegetation. She asked if the schools in the City taught kids about this. She asked if grubbing could be done without a permit and investigation. She felt the grubbing would destroy the habitat. Clyde Barker, attorney for Etiwanda School District, felt misstatements have been made and that he is happy to answer any questions. He stated they have gone through the environmental process. Mayor Alexander asked if school districts can do grubbing without a permit. Brad Buller, City Planner, stated they are not under the City guidelines. John Lyons stated the Etiwanda School District does what they are supposed to do. They have good teachers. He asked that the Council support the school district and approve this. There being no further response, the public hearing was closed. James Markman, City Attorney, stated they are not approving the project or tract map, but only approving the zoning processing. He stated they are not looking at environmental or habitat issues. He stated there is no specific project being presented to the Council tonight. RESOLUTION NO. 01-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRCGPA01-01A, TO AMEND THE GENERAL PLAN LAND USE MAP FROM PUBLIC FACILITIES-PARK TO LOW RESIDENTIAL (2- 4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.5 ACRES LOCATED AT THE FUTURE EXTENSION OF DAY CREEK BOULEVARD, APPROXIMATELY 1.3 MILES NORTH OF HIGHLAND AVENUE. APN: PORTION OF 225-07-67, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Dutton, seconded by Curatalo to approve Resolution No. 01-177. Motion carried unanimously 5-0. City Council Minutes July 18, 2001 Page ] ! ORDINANCE 665 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRCENSPA01-01, TO AMEND THE ETIWANDA NORTH SPECIFIC PLAN LAND USE MAP FROM OPEN SPACE TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.5 ACRES LOCATED AT THE FUTURE EXTENSION OF DAY CREEK BOULEVARD, APPROXIMATELY 1.3 MILES NORTH OF HIGHLAND AVENUE. APN: PORTION OF 225-07- 67, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Dutton, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 665 for August 1,2001. Motion carried unanimously 5-0. A recess was taken at 8:47 p.m. Councilmembers present. The meeting was called back to order at 9:04 p.m. with all F4. CONSIDERATION OF SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 01-01 - A & J RESOURCES, INC. - A request to recommend approval f ~, or a Development Agreement for approximately 240 acres of land generally located north of 25 Street between Day Creek Channel and East Avenue - APN: 225-071-37, 48, 50, and 51, and 225-081-09, 14, and 15. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991. The City of Rancho Cucamonga in conjunction with this project is preparing a Supplemental Environmental Impact Report (SEIR). Related files: Annexation 01-01, Etiwanda North Specific Plan Amendment 01-02, and General Plan Amendment 01-01 D. CONSIDERATION OF SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT 01-0ID - A & J RESOURCES, INC. - A request to change the General Plan land use designation from Utility Corridor and Very Low Residential (less than 2 dwelling units per acre) to Low "~Residential (2-4 dwelling units per acre) for approximately 240 acres of land generally located north of 25th Street between Day Creek Channel and East Avenue - APN: 225-071-37, 48, 50, and 51, and 225- 081-09, 14, and 15. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991. The City of Rancho Cucamonga in conjunction with this project is preparing a Supplemental Environmental Impact Report (SEIR). Related files: Development Agreeme~ 01-01, Annexation 01-01, and Etiwanda North Specific Plan Amendment 01-02. CONSIDERATION OF SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 01-02 - A & J RESOURCES, INC - A request to change the Etiwanda North Specific Plan zoning designation from Utility Corridor and Very Low Residential (less than 2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 240 acres of land generally located north of 25th Street between Day Creek Channel and East Avenue - APN: 225- 071-37, 48, 50, and 51, and 225-081-09, 14, and 15. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991. In conjunction with this project the City of Rancho Cucamonga is preparing a Supplemental Environmental Impact Report (SEIR). Related files: Development Agreement 01-01, Annexation 01-01, and General Plan Amendment 01-01D. Staff report presented by Sal Salazar, Associate Planner. He referred to a fax sent by Craig Sherman which indicated no EIR was done. He stated this is not true and that they did receive a copy of the EIR. He reported a copy of the EIR was sent to the Spirit of the Sage and the Department of Fish and Game with mail receipts to prove this. City Council Minutes July 18, 2001 Page 1.2 Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Mary Wellman of Craig Sherman's office, referred to the fax that is on file in the City Clerk's office sent July 18, 2001. She continued to comment about the letter. Delores Wiltz of Habitat Trust, asked that this not be approved because she felt the City will eventually need the open space some day. She continued to read comments from her letter transmitted to the City Clerk dated July 18, 2001. Jerry Gann, representing Rancho Etiwanda 685, LLC, which is the developer of the Rancho Etiwanda project to the south of this project, formerly the University portion of the University Crest project, stated they support this project with one change to the development agreement. He stated that deals with the provision for reimbursement of the infrastructure that they are constructing. He stated the development agreement provision that they now have does not speak to when the reimbursement payments are made, but the exhibit seems to break it down to a per unit basis. He stated they would ask that when that decision is made that the reimbursement to their project be made more at the front end of the project, either the earlier of the final map recordation or grading permit being issued. He stated they are far along the way towards constructing 90% of the infrastructure that is in the reimbursement agreement and that within the next 6 to 12 months most of those roads would be complete. He felt to wait anywhere from 5 to 10 years to be paid back for that portion is really a burden on his project. Ben Anderson representing A & J Resources, gave a power point presentation about the project and explained how hard they worked on this. He talked about the attributes of the project. He stated they support staff's recommendation. Leonna Klipstein, Spirit of the Sage, asked that the Council let her give her comments in full. She talked about LSA sending them the EIR by certified mail and that they were not in their office when it was delivered. She felt the Planning Commission did not allow her to give relevant information about the project. She continued to tell why they do not feel the project should be approved. John Lyons stated he supports the developer for this project because he wants to annex into the City. He felt the County is destroying the City. He asked that the Council approve this. Bill Brady of San Diego brought in various types of sage for the Council to experience. He felt this area was a "gem" and did not feel it should be disturbed. There being no further comments, the public hearing was closed. Councilmember Dutton stated the City does not want to do anything to cause problems and felt the environment should be protected. He felt there was a lot of land in California that is protected land and agricultural. He felt there was plenty of area for endangered species to live. He felt the City needs to do what is best for the people of the City of Rancho Cucamonga and stated he suppods the project. Councilmember Biane did not feel the lawsuit issue would be resolved tonight, but stated he does support the project. Mayor Alexander felt a lot of good changes have been made to this project and felt a lot of progress has been made. Councilmember Williams asked if the sage could be transplanted. The developer stated "absolutely". City Council Minutes July 18, 2001 Page t3 ORDINANCE NO. 666 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFFIRMING THE ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO AND CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) AND STATEMENT OF OVERRIDING CONSIDERATIONS AS PREPARED BY THE CITY OF RANCHO CUCAMONGA AND APPROVING DEVELOPMENT AGREEMENT NO. 01-01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND A & J RESOURCES, INC., FOR THE PURPOSE OF DEVELOPING AN APPROXIMATELY 240- ACRE SITE WITH UP TO 632 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED BETWEEN DAY CREEK CHANNEL AND ETIWANDA AVENUE NORTH OF 25TM STREET - APN: 225-071-37, 48, 50, AND 51,225-081-09, 14, AND 15 RESOLUTION NO. 01-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFFIRMING THE ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO AND CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) AND STATEMENT OF OVERRIDING CONSIDERATIONS AS PREPARED BY THE CITY OF RANCHO CUCAMONGA AND APPROVING GENERAL PLAN AMENDMENT 01-01 D, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR ONE PARCEL OF LAND TOTALING 16.65 ACRES IN SIZE FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) AND FOR SlX PARCELS OF LAND TOTALING 212.1 ACRES IN SIZE FROM VERY LOW RESIDENTIAL (1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), FOR PROPERTIES GENERALLY LOCATED BETWEEN DAY CREEK CHANNEL AND ETIWANDA AVENUE AND NORTH OF 25TM STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-071-37, 48, 50, AND 51, 225-081-09, 14, AND 15 ORDINANCE NO. 667 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFFIRMING THE ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE COUNTY OF SAN BERNARDINO AND CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) AND STATEMENT OF OVERRIDING CONSIDERATIONS AS PREPARED BY THE CITY OF RANCHO CUCAMONGA AND APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 01-02, A REQUEST TO CHANGE THE DISTRICT DESIGNATION FOR ONE PARCEL OF LAND TOTALING 16.65 ACRES IN SIZE FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) AND FOR SIX PARCELS OF LAND TOTALING 212.1 ACRES IN SIZE FROM VERY LOW RESIDENTIAL (1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), FOR PROPERTIES GENERALLY LOCATED BETWEEN DAY CREEK CHANNEL AND City Council Minutes July 18, 2001 Page ~.4 ETIWANDA AVENUE AND NORTH OF 25TM STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-071-37, 48, 50, AND 51, 225-081-09, 14, AND 15 MOTION: Moved by Dutton, seconded by Biane to waive full reading and set second reading of Ordinance No. 666 and 667 for August 1,2001. Motion carried unanimously 5-0. MOTOIN: Moved by Dutton, seconded by Biane to approve Resolution No. 01-178. Motion carried unanimously 5-0. No Items Submitted. G. PUBLIC HEARINGS H1. H. CITY MANAGER'S STAFF REPORTS CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REDUCE THE UTILITY USER'S FEES TO ZERO Staff report presented by Jack Lam, City Manager. Mayor Alexander opened the meeting for public comment. Addressing the City Council was: John Lyons felt it couldn't get any better in Rancho Cucamonga. Debra J. Adams, City Clerk, read the title of Ordinance No. 558-E. ORDINANCE NO. 558-E (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO UTILITY USER'S FEES MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 558-E for the August 1,2001 meeting. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. CONSIDERATION OF CITY COUNCIL COMMUNITY FOUNDATION SUB-COMMITTEE'S RECOMMENDATIONS TO FILL VACANCIES Staff report presented by Debra J. Adams, City Clerk. MOTION: Moved by Biane, seconded by Curatalo to reappoint Chuck Buquet and Tony Mize. Motion carried unanimously 5-0. City Council Minutes July 18, 2001 Page 1.5 12. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 13. UPDATE ON CABLE TELEVISION UPGRADE (ORAL) Staff report presented by Duane Baker, Assistant to the City Manager. He introduced Tom Tompkins, of Charter Communications. Mr. Tompkins talked about their upgrade. He distributed information to the Council relating to the upgrade which would make it much better for their customers. He stated they would be offering a discounted tier of service and will keep City staff informed as this is developed. Councilrflember, Biane stat~d',th'ey h.a;d met with Charier earlier today. He stated they told the Council Cable Subcommittee of he and Grace ~;uratalo that where problems are reported with the above ground green cable boxes they would address those on a case-by-case basis. Councilmember Williams asked Charter how they plan to resolve these issues. She told how the boxes are appearing in people's yards and that people were not notified about this. She asked if they would make any effort to give people an option. She felt perhaps vaults should be offered. She felt it should be made more attractive because it is a detriment to people's property. She suggested people be given a discount on their bill if they do have one in their yard. She stated some people do not even have cable and have these in their yards. Councilmember Dutton felt if it is going to be in front of someone's home it should be underground in a vault or if it is going to be above ground it should be in a common area or something like that. Mayor Alexander felt if people complain about them they should be moved. Councilmember Williams felt those that are yet to be done should get the homeowner's buy-in first. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Alexander would like an update on the green cable boxes in one month. K. COMMUNICATIONS FROM THE PUBLIC K1. Delores Wiltz talked about the natural eadh and its value. K2. Leonna Klipstein wanted to inform the Council about the County Service Area Open Space 1 and Zone that was legislated by the State and Baca Bill 60 creating the County special district open space. She stated the County also created a special district advisory committee with certain appointments including the Mayor and City of Rancho Cucamonga. She stated the Mayor's participation on the special district committee has become a conflict of interest. She stated the Mayor has voted in favor of a project - Rancho Etiwanda Estates. She stated this project and City's approval will cause adverse impacts to the North Etiwanda Preserve and the conservation management agreement that goes with it. She felt the Mayor should have abstained from voting on the project tonight. She stated the Sage Council suggests that the Mayor step down from his appointment with the County Open Space Advisory Committee. She also referred to previous points she brought up during the hearing and that her questions were not answered. City Council Minutes July 18, 2001 Page 16 Mayor Alexander stated this would be looked into. James Markman, City Attorney, stated the Mayor has no legal obligation to abstain from his participation and vote on this matter. He stated he has no conflict. L. ADJOURNMENT MOTION: Moved by Dutton, seconded by Biane to adjourn. meeting adjourned at 10:32 p.m. Approved: August 15, 2001 Motion carried unanimously 5-0. The Respectfully submitted, City Clerk