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HomeMy WebLinkAbout2003/10/15 - Minutes October 15, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES I A. CALL TO ORDER [ The Rancho Cucamonga City Council held a closed session on Wednesday, October 15, 2003, at the Cucamonga County Water District facilities located at 10440 Ashford Street, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Craig Fox, Deputy City Attorney; Pamela Easter, Deputy City Manager; Brad Buller, City Planner; and Joe O'Neil, City Engineer. Absent was Councilmember: Donald J. Kurth, M.D. l] B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) [ Mayor Alexander announced the closed session item. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF 1-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. The closed session recessed at 6:33 p.m. with no action taken. City Council Minutes October 15, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 15, 2003, at the Cucamonga County Water District Board Room, located at 10440 Ashford Street, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:11 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Craig Fox, Deputy City Attorney; Linda D. Daniels, RDA Director; Flavio Nunez, Assistant RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Office; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Jon Gillespie, Traffic Engineer; Brad Buller, City Planner; Nancy Fong, Sr. Planner; Alan Warren, Associate Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Martindale, Marketing Manager; Paula Pachon, Management Analyst III; Bill Pallotto, Recreation Supervisor; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Deputy Chief Bob Comoran, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. Absent was Councilmember: Donald J. Kurth, M.D. B. ANNOUNCEMENTS/PRESENTATIONS I B1. Presentation of a Proclamation declaring October 23 -31, 2003, as Red Ribbon Week in Rancho Cucamonga. Mayor Alexander presented the Proclamation to Paula Pachon, Management Analyst III, and also the Chairperson of RCCASA. B2. Presentation of Certificates to Red Ribbon Week Design Winner and Honorable Mention Recipients. A power point presentation was given by Paula Pachon, Management Analyst III, and Chairperson of RCCASA. She also assisted with the presentation of the certificates to the contest winners. B3. Presentation of the Highlights of the Central Park Groundbreaking Event held October 13, 2003. A power point presentation was given by Francie Martindale, Marketing Manager. Mayor Alexander added that the City works with the YMCA and that they are very supportive of this facility and that they are excited about what it will offer the community. C~y Council Minutes October 15, 2003 Page 3 II C. PUBLIC COMMUNICATIONS [ Item L1 was done at this time. L1. UPDATE FROM SENIOR ADVISORY FUNDRAISlNG SUBCOMMITFEE REGARDING THE CENTRAL PARK SENIOR CENTER (Oral) Janet Rierson congratulated the City on the successful groundbreaking event. She stated their dream is becoming a reality. She stated members of the Senior Advisory Fundraising Committee were also present. She stated they welcome contributions and commented on the Legacy Tree that will be at the Senior Center. She added this fundraising is for the fitness center that will be part of this project. Ms. Rierson stated the donations are tax deductible. C1. John Lyons reported that his Mother had passed away on October 5. He talked about the response time of the fire department in responding to this incident and thanked them and AMR for their assistance. C2. Paul Irvine stated the Police Department has failed to respond to his calls when his family has needed assistance. He felt this should be looked into because nothing is being done to help his family. C3. Melanie Ingram, Rosebud, stated the recall failed to get the required number of signatures to quality it for the ballot. She stated the~, will still be keeping tabs on the City Council and that they will keep the same website - ranchorecall.org. She stated the website went down right before the election and also in August. She said she was not sure why that happened, but are pursuing to find out why. She stated it is illegal to tamper in this manner. She stated the new website is ranchorecall.net, but that there is also a ranchorecall.com which has been purchased as a domain name. She stated they were able to buy the ".net" name. She stated they believe in good, open government. She added she can be reached at 944- 5988 if anyone wants to contact her. C4. Gwyn Frost stated her son was born 23 years ago tomorrow. She added Todd has only missed one Founder's Day parade and that was when he was 10 days old. She stated she and Jim are very blessed to have been part of this City. C5. Jim Frost talked about the approval of the trash franchises that were being developed 25 years ago. He added there would be a Veteran's Day ceremony at Alta Loma High School on November 9. C6. A gentleman (did not give name) brought up the grocery workers strike. He did not think the prevailing wages should be lowered and asked people to shop Stater Brothers in order to support the strike. II ~,. COUNCIL COMMUNICATIONS I D1. Councilmember Williams stated Councilmember Kurth is in Portland for his business. She stated he was named President of the California Society of Addictive Medicine Providers and felt this went in hand with Red Ribbon Week. She stated she attended a legislative reception through the California League of Cities and the Inland Empire Economic Partnership (IEEP). She commented that the Grape Harvest Festival was a very fun event. She stated she will be happy to help people with their concerns if they City Council Minutes October 15, 2003 Page 4 contact her. She stated she had attended an event at Los Osos High School for an exhibition game of the Chinese Junior Olympic Basketball team and that she presented them with a Proclamation. She had attended the opening event of the CCWD Maintenance Building and commented how nice it was. She stated the Central Park Groundbreaking ceremony was a very nice event and felt it was very successful. D2. Councilmember Gutierrez commented on the new Day Creek Park and how beautiful it is. He commented on the success of the mall project and Central Park. He stated this is peak football season and the high schools need to be recognized. He commented on the marching bands and the great show they put on and how hard they work all summer. He stated the City is still very concerned about all of the issues relating to the freeway. He thanked Captain Ortiz for the survey he did for the security at banking institutions. He stated one of the banks that did not have security has agreed to put something in. He mentioned crime in neighboring cities does affect Rancho Cucamonga. He commented about people speeding throughout the City streets. He added he also sees people running red lights. He stated the City will look into the matter of the man that did not get a response from the Police Department. He stated he was in a Marketing Subcommittee and that the City wants to create more jobs so people do not have to commute and will have more time for their family. He congratulated everyone that worked at the Grape Harvest Festival. [33. Councilmember Howdyshell stated he went to the Homecoming Game at Los Osos High School and that it was a great event. D4. Mayor Alexander reported that the young girl that had been missing from Rancho Cucamonga has been found and that this was very good news. E. CONSENT CALENDAR El. Approval of Minutes: September 22, 2003 (Special Meeting) E2. Approval of Warrants, Register September 24 through October 6, 2003, and Payroll ending October 6, 2003, for the total amount of $3,364,634.25. E3. Approve to receive and file current Investment Schedule as of September 30, 2003. E4. Approval of an appropriation of $25,000.00 to Acct. No. 1001305-5200 for Tract 13812 Vintage Avenue Extension, and authorization to refund Panda Development. E5. Approval of a $50,000.00 appropriation to Acct. No. 1025001-5200 for various operation and maintenance expenditures, including storage costs, equipment rental, material handling, landscape/hardscape materials, and supplies; and approval of a $50,000.00 appropriation to Acct. No. 1025001-5300 for various contract services expenditures, including surveying, electrical, civil design and soils/material testing related to the Rancho Cucamonga Municipal Utility. REMOVED FOR DISCUSSION BY HOWDYSHELL. E6. Approval to pumhase one (1) message board from the manufacturer, Advanced Safety Products of Fallbrook, California, as a single soume purchase in the amount of $24,097.21, to be funded from the Equipment/Vehicle Replacement Fund, Acct. No. 1712001-5603. REMOVED FOR DISCUSSION BY HOWDYSHELL. City Council Minutes October 15, 2003 Page 5 E7. Approval to seek bids from the pre-qualified bidders for the Rancho Cucamonga Cultural Center Parking Structures and Building Foundation project, to be funded from Redevelopment Agency funds. RESOLUTION NO. 03-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "RANCHO CUCAMONGA CULTURAL CENTER PARKING STRUCTURES AND BUILDING FOUNDATION PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO RECEIVE BIDS E8. Approval of a Resolution of the City of Rancho Cucamonga modifying the Rancho Cucamonga Municipal Utility Tariff for Temporary Construction Power. RESOLUTION NO. 03-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING THE RANCHO CUCAMONGA MUNICIPAL UTILITY TARIFF FOR TEMPORARY CONSTRUCTION POWER E9. Approval of a Resolution to apply for grant funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002. RESOLUTION NO. 03-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR PER CAPITA GRAND PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2O02 El0. Approval of a Resolution to apply for grant funds for the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002. RESOLUTION NO. 03-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 E11. Approval of a Resolution of Intention to vacate remaining portions of two alleys, generally within the Northtown area, located on the south side of Feron Boulevard, west of Hermosa Avenue, and setting the date of the public hearing for November 5, 2003. RESOLUTION NO. 03-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE REMAINING PORTIONS OF ALLEYS GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE City Council Minutes October 15, 2003 Page 6 E12. Approval to summarily vacate a 10-foot wide easement for street tree maintenance purposes, located on the south side of Terra Vista Parkway, east of Coyote Canyon Park, submitted by KB Home - APN: 1077-831-32 (V-194). RESOLUTION NO. 03-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 10-FOOT WIDE EASEMENT FOR STREET TREES MAINTENANCE PURPOSES, LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY, EAST OF COYOTE CANYON PARK - APN: 1077-831-32 (V-194) E13. Approval for the award of an annual contract for Street Striping and Pavement Marking Maintenance for fiscal year 2003/04, with an option to renew, upon mutual consent, for additional one (1) year periods, up to a total of an additional four (4) years, to Traffic Operations, Inc. (CO 03-116) of Pomona, in the amount of $102,555.00, and authorize the expenditure of a 10% contingency in the amount of $10,255.00, funded from Fund 1170-303-5300. E14. Approval of a contract renewal with U.S. Guards, Inc. (CO 01-060) to June 30, 2004, in the amount of $159,333, and approval of an additional $73,217 for anticipated extra work related to construction and additional facilities, to be funded from Acct. Nos. 1001312-5304 ($25,750); 1133303-5304 ($117,800); 1700201-5304 ($69,000), and 1290601-5300 $20,000); and approval of an appropriation of $28,497 from Capital Reserve balance to Acct. No. 1025001-55650-10251382-0 for temporary security service at the 12kV Electrical Substation project to be located at the southeast comer of Rochester Avenue and Stadium Parkway. REMOVED FOR DISCUSSION BY HOWDYSHELL. E15. Approval of a contract renewal with Coastal Building Services (CO 00-102) to June 30, 2004, in the amount of $180,500, and approval of an additional $62,500 for anticipated extra work related to construction, remodeling and additional facilities, to be funded from Acct. No. 1001312-5304 ($240,000), and 1700201-5304 ($3,000). REMOVED FOR DISCUSSION BY HOWDYSHELL E16. Approval of a contract renewal with JDC, Inc. of Rancho Cucamonga (CO 01-075), to June 30, 2004, for the "City Wide Concrete Repair, Tree Removal and Tree Planning Annual Maintenance Agreement" for repair of City sidewalks, curb and gutters in the amount of $350,000, to be funded from Acct. No. 1176303-5300. REMOVED FOR DISCUSSION BY HOWDYSHELL. E17. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,275,114.00 to the apparent Iow bidder, Double D Pipeline, Inc. (CO 03-117), and authorize the expenditure of a 10% contingency in the amount of $127,511.40 for the Mall On-Site Water and Sewer of Community Facilities District 2003-01, to be funded from CFD 2003-01 funds, Acct. No. 16143035650. REMOVED FOR DISCUSSION BY H OWDYSHELL. E18. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 99-40, located on the northwest corner of Fourth Street and Archibald Avenue, submitted by Airport Corporate Center, LLC. RESOLUTION NO. 03-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-40 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to release a $195,300.00 Maintenance Guarantee Bond for Tract Map 12659-4, located at the southwest corner of Etiwanda and Wilson Avenues, submitted by Centex Homes. City Council Minutes October 15, 2003 Page 7 E20. Approval to release a Maintenance Bond for Tract 14380, located at the northwest comer of Wilson and Etiwanda Avenues, submitted by Mastemraft. E21. Approval to release a Maintenance Bond for Tract 15911, located on the east side of East Avenue south of Victoria Street, submitted by Ryland Homes. E22. Approval to release a $32,000.00 Maintenance Guarantee Bond for Tract No. 15963, located west of London Avenue and north of Lemon Avenue, submitted by Crestwood Corporation. Discussion of Item ES. Approval of a $50,000.00 appropriation to Acct. No. 1025001-5200 for various operation and maintenance expenditures, including storage costs, equipment rental, material handling, landscape/hardscape materials, and supplies; and approval of a $50,000.00 appropriation to Acct. No. 1025001-5300 for various contract services expenditures, including surveying, electrical, civil design and soils/material testing related to the Rancho Cucemonga Municipal Utility. Councilmember Howdyshell felt this project should be kept within budget and wanted to comment on that. MOTION: Moved by Howdyshell, seconded by Alexander to approve item 1=5. Motion carried unanimously 4-0-1 (Kurth absent). Discussion of Item E6. Approval to purchase one {1) message board from the manufacturer, Advanced Safety Products of Fallbrook, California, as a single source purchase In the amount of $24,097.21, to be funded from the Equipment/Vehicle Replacement Fund, Acct. No. 1712001-5603. Councilmember Howdyshell stated he did not see any reason for this and asked for justification. Jon Gillespie, Traffic Engineer, stated this is for standardization for the maintenance workers to use and that it would be used quite a bit for safety purposes. Discussion of Item E14. Approval of a contract renewal with U.S. Guards, Inc. (CO 01-060) to June 30, 2004, in the amount of $159,333, and approval of an additional $73,217 for anticipated extra work related to construction and additional facilities, to be funded from Acct. Nos. 1001312- 5304 ($25,750); 1133303-5304 ($117,800); 1700201-5304 ($69,000), and 1290601-5300 $20,000); and approval of an appropriation of $28,497 from Capital Reserve balance to Acct. No. 1025001-55650- 10251382-0 for temporary security service at the 12kV Electrical Substation project to be located at the southeast corner of Rochester Avenue and Stadium Parkway. Councilmember Howdyshell stated he had questions about this and was not sure what they would be providing. Jon Gillespie, Traffic Engineer, stated this will be extra service for the mall site and that it is renewing the existing contract. Discussion of Item E15. Approval of a contract renewal with Coastal Building Services (CO 00- 102) to June 30, 2004, in the amount of $180,500, and approval of an additional $62,500 for anticipated extra work related to construction, remodeling and additional facilities, to be funded from Acct. No. 1001312-5304 ($240,000), and 1700201-5304 ($3,000). Councilmember Howdyshell stated this has more than a 10% contingency and stated he did not agree with that. Jon Gillespie, Traffic Engineer, stated it is because of the construction work being done at City Hall and the Police facility and the amount of clean up this project will require. He stated there will also be trailers to be cleaned. City Council Minutes October 15, 2003 Page 8 Councilmember Howdyshell felt staff really needs to keep on top of this. Discussion of Item E16. Approval of a contract renewal with JDC, Inc. of Rancho Cucamonga (CO 01-075), to June 30, 2004, for the "City Wide Concrete Repair, Tree Removal and Tree Planning Annual Maintenance Agreement" for repair of City sidewalks, curb and gutters in the amount of $350,000, to be funded from Acct. No. 1176303-5300. Counciimember Howdyshell stated he was concerned how this was priced and controlled. Jon Gillespie, Traffic Engineer, stated this was competitively bid with a renewable clause. He said this is a little different than some contracts because of the side walk repairs to be done and the public relations required to complete the job. Discussion of Item E17. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,275,1.14.00 to the apparent Iow bidder, Double D Pipeline, Inc. (CO 03-117), and authorize the expenditure of a 10% contingency in the amount of $127,511.40 for the Mall On-Site Water and Sewer of Community Facilities District 2003-01, to be funded from CFD 2003-01 funds, Acct. No. 16143035650. Councilmember Howdyshell stated the agenda says it is 10%, yet the staff report shows a figure, which is about twice that amount. He asked which one is correct and stated he would approve it at the 10% figure. Jon Gillespie, Traffic Engineer, stated there is an error and that it should be the 10% figure at $127,511.40. MOTION: Moved by Gutierrez, seconded by Williams to approve all of the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Kurth absent). ~ F. CONSENT ORDINANCES No Items Submitted. G. ADVERTISED PUBLIC HEARINGS Gl. CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT GPA2002-00002 - FOOTHILL CROSSING, LLC - A request to amend the General Plan Transportation Section of Chapter III to re-designate portions of Day Creek Boulevard south of Foothill Boulevard from a Secondary Street to a Collector Street and Modified Collector Street - APN: 0229-021-62, 63 and 64. Related Files: Development Code Amendment DRC2003-00616, Tentative Parcel Map SUBTPM16033, Conditional Use Permit DRC2002-00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. City Council Minutes October 15, 2003 Page 9 CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT CODE AMENDMENT DRC2003- 00616 - CITY OF RANCHO CUCAMONGA - A request to amend Chapter 17.30 of the Development Code to redesignate the Industrial Districts Subarea 8 portion of Day Creek Boulevard south of Foothill Boulevard, east of Rochester Avenue from a .Secondary Street to a Modified Local Collector Street - APN: 0229-021-20, 34, 47, 53, 54, and 55. Related Files: General Plan Amendment GPA2002-00002, Tentative Parcel Map SBUTPM16033, Conditional Use Permit DRC2002-00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SUBTPM16033 - FOOTHILL CROSSING, LLC - A request to subdivide 60 acres of land into -12- 15 parcels and public right-of-way dedication as part of a proposed shopping center on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commercial district of the Victoria Community Plan - APN: 0229-021-62, 63, and 64. Related files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Conditional Use Permit DRC2002- 00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND CONDITIONAL USE PERMIT DRC2002-00839 - FOOTHILL CROSSING, LLC - A review of the site plan and architectural elevations for a proposed shopping center of up to 315,000 square feet, including in-line retail stores and individual retail pad buildings on 60 36 acres of land on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commemial District of the Victoria Community Plan. APN: 0229-021-62, 63 and 64. Related Files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616; Tentative Pamel Map SUBTPM16033, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00858 - FOOTHILL CROSSING, LLC - The review of a Development Agreement for a proposed shopping center of up to 315,000 square feet that includes in-line retail stores and individual retail pad buildings on 60 acres of land on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commemial District of the Victoria Community Plan - APN: 0229-021- 62, 63, and 64. Related Files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Tentative Parcel Map SUBTPM16033, and Conditional Use Permit DRC2002-00839. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. Staff report presented I~y Alan Warren, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Michael Lawson, Foothill Crossing, corrected the number of parcels of land the number of acres as indicated above. He thanked the staff for all of their work with this project. Councilmember Gutierrez inquired if they are still having a single user. Michael Lawson stated they are and will be announcing this soon. There being no further comments, the public hearing was closed. City Council Minutes October 15, 2003 Page 10 Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 717 and 718. RESOLUTION NO. 03-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GPA2002-00002, TO CHANGE DAY CREEK BOULEVARD FROM A SECONDARY ARTERIAL TO A COLLECTOR AND A MODIFIED COLLECTOR BETWEEN FOOTHILL BOULEVARD AND ROCHESTER AVENUE ON THE GENERAL PLAN CIRCULATION PLAN, EXHIBIT 111-4, TABLE II1-11, AND THE CLASSIFICATIONS OF GENERAL PLAN ROADWAYS, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-021-62, 63 AND 64 ORDINANCE NO. 717 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED IN FIGURES 17.30.080-J AND 17.30.040-B AND TEXT CHANGES TO SECTION 17.30.080.1.4 AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-20, 34, 47, 53, 54 AND 55 RESOLUTION NO. 03-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16033, A SUBDIVISION OF 15 PARCELS AND PUBLIC RIGHT- OF-WAY DEDICATION ON 60 ACRES OF LAND WITHIN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT OF THE VICTORIA COMMUNITY PLAN, LOCATED ON THE SOUTHEAST AND SOUTHWEST CORNERS OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-62, 63 AND 64 RESOLUTION NO. 03-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2002-00839, AUTHORIZING THE DEVELOPMENT, AND APPROVING THE SITE, CONCEPTUAL LANDSCAPING, AND ARCHITECTURAL ELEVATIONS OF A SHOPPING CENTER OF UP TO 315,000 SQUARE FEET, INCLUDING IN-LINE RETAIL STORES AND RETAIL PAD BUILDINGS, WHICH INCLUDE RESTAURANT SITES WITH A DRIVE- THRU LANE, ON APPROXIMATELY 45.5 ACRES OF LAND AT THE SOUTHEAST AND SOUTHWEST CORNERS OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD WITHIN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT OF THE VICTORIA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-62, 63 AND 64 City Council Minutes October 15, 2003 Page 11 ORDINANCE NO. 718 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00858 WITH FOOTHILL CROSSING, LLC, TO ESTABLISH A PROCESS FOR FINANCING THE CONSTRUCTION OF DAY CREEK BOULEVARD WITHIN THE FOOTHILL CROSSING SHOPPING CENTER, LOCATED ON THE SOUTHWEST AND SOUTHEAST CORNERS OF DAY CREEK AND FOOTHILL BOULEVARDS AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0210-082-53 THRU 57 MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution Nos. 03-263, 264 and 265. Motion carried unanimously 4-0-1 (Kurth absent). MOTION: Moved by Howdyshell, seconded by Gutierrez to waive full reading and set second reading of Ordinance Nos. 717 and 718 for the November 5, 2003 meeting. Motion carried unanimously 4-0-1 (Kurth absent). G2. CONSIDERATION OF GENERAL PLAN AMENDMENT DRC2003-00712 - CITY OF RANCHO CUCAMONGA - A request to amend the Regional Center Land Use Mix Table 111-4 by modifying the land use acreage ranges and the density ranges to be consistent with the approved Master Plan that is generally bounded by Foothill Boulevard, Base Line Road, the 1-15 Freeway, and Day Creek Channel. In accordance with Public Resoumes Code Section 21166 or Section 15162 of the CEQA Guidelines, no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. Staff report presented by Nancy Fong, Sr. Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 03-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00712, A REQUEST TO AMEND THE REGIONAL CENTER LAND USE MiX TABLE 111-4 BY MODIFYING THE LAND USE ACREAGE RANGES AND THE DENSITY RANGES TO BE CONSISTENT WITH THE APPROVED DEVELOPMENT PROJECTS WITHIN THE REGIONAL CENTER THAT IS GENERALLY BOUNDED BY FOOTHILL BOULEVARD, BASE LINE ROAD, 1-15 FREEVVAY, AND DAY CREEK CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Howdyshell, seconded by Gutierrez to approve Resolution No. 03-266. Motion carried unanimously 4-0-1 (Kurth absent). City Council Minutes October 15, 2003 Page 12 I H. PUBLIC HEARINGS I No Items Submitted. II I. CITY MANAGER'S STAFF REPORTS I No Items Submitted. [ J. COUNCIL BUSINESS ] 31. CONSIDERATION OF RECOMMENDATIONS FROM THE ANIMAL SHELTER AD HOC SUBCOMMH-I'EE Staff report presented by Michelle Dawson, Management Analyst III. She indicated there was a revised Resolution, which had been distributed to the Council and is on file in the City Clerk's office. Councilmember Howdyshell thanked Supervisor Biane's office for their assistance with this and also thanked the volunteers and City staff for their work. Councilmember Gutierrez stated he appreciates everything that has been done. He pointed out that it is probably more cost effective to keep the contract with the County. He stated he would like to study the Resolution more and hear more from the public. Councilmember Williams felt the people should be educated so they know they are responsible for their pets and that includes keeping them in their own yards. She felt a program should be developed to get the word out to people. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Tim Johnson, representing Supervisor Biane's office, commented on the Rancho Cucamonga shelter and the good adoption rate. He stated Supervisor Biane supports the efforts being made for this program. Jeanne Kruger thanked Ceuncilmembers Gutierrez and Howdyshell, Michelle Dawson, Duane Baker and Michael Arms for their work on this. She stated even though things are being done right, there is always room for improvement. She felt the spade/neuter voucher program was most important. She stated she is part of the only business she knows that is trying to put themselves out of business. Pat Dunaway, Pet Assistance Foundation, stated she has had a long relationship with the Rancho Cucamonga Shelter and stated she is very proud of it and feels it is a great shelter. She stated they are present to support the City to lead them through this. City Council Minutes October 15, 2003 Page 13 Nicole Myemhin stated Daniel Hernandez of Supervisor Biane's office and also Councilmembers Gutierrez and Howdyshell have been great to work with. She commented on the Upland Shelter stating it is a muni shelter. She felt some changes should be made to the Resolution as far as defining "adoptable animal". She felt there should be a timeframe put on this. She appreciated the Council's help with this issue. RESOLUTION NO. 03-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AS A GOAL OF THE CITY OF RANCHO CUCAMONGA TO WORK WITH THE COUNTY OF SAN BERNARDINO TO FIND HOMES FOR ALL ADOPTABLE ANIMALS AT THE RANCHO CUCAMONGA ANIMAL SHELTER SO THAT NO ADOPTABLE ANIMAL IS EUTHANIZE MOTION: Moved by Williams, seconded by Howdyshell to support the recommendations in the staff reports, but place the Resolution on a future agenda for further needed action. Motion carried unanimously 4-0-1 (Kurth absent). J2. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING K1. Councilmember Howdyshell stated he would like an item on the next agenda to consider oversized parking spaces for the new mall, which could accommodate all vehicle sizes. [I L. PUBLIC COMMUNICATIONS L1. UPDATE FROM SENIOR ADVISORY FUNDRAISING SUBCOMMI'I-I'EEREGARDING THE CENTRAL PARK SENIOR CENTER (Oral) *** This item was done under Item C. *** City Council Minutes October 15, 2003 Page 14 MOTION: Moved by Williams, seconded by Howdyshell to adjourn. Motion carried unanimously 4-0-1 (Kurth absent). The meeting adjourned at 9:25 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: November 19, 2003