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HomeMy WebLinkAbout2004/06/16 - Minutes June 16, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES I ^. C^LLTo ruDER[ The Rancho Cucamonga City Council held a closed session on Wednesday, June 16, 2004, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, 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, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; George Rivera, Administrative Services Manager; Brad Buller, City Planner; and Trang Huynh, Building Official. Mayor Alexander announced the closed session items. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER; PAMELA EASTER, DEPUTY CITY MANAGER; AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (ONE CASE) - CODE ENFORCEMENT. II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No communication was made on the closed session item. I[ D. CONDUCT OF CLOSED SESSION [ The closed session began at 5:35 p.m. [ E. CITY MANAGER ANNOUNCEMENTS AND REPORTS I[ The closed session recessed at 6:53 p.m. with no action taken. City Council Minutes June 16, 2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 16, 2004, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, 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, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Mike Nelson, Sr. RDA Analyst; Jim Frost, City Treasurer, Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Jon Gillespie, Traffic Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Donald Granger, Assistant Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Bill Pallotto, Recreation Supervisor; Ryan Samples, Recreation Coordinator; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Peter Bryan, Fire Chief and Mike Bell, Acting Deputy Fire Chief, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. B1. Presentation of Commemorative Retirement Plaque to L. Dennis Michael, Fire Chief, in honor of his retirement after 28 years with the Fire District. Mayor Alexander, the City Council and City Manager presented Chief Michael with a commemorative retirement plaque and congratulated him on his retirement. Chief Michael stated it was a rewarding experience for him to have worked here. B2. Presentation of YWCA "Woman of Achievement Award" to Pauline Dean. Mayor Alexander and the City Council presented Ms. Dean with a Certificate and Proclamation. B3. Presentation of Proclamation to Deputies Brett Zour and Grey Hill for receiving the State MADD (Mothers Against Drunk Drivers) Award. Mayor Alexander and the City Council presented the Proclamation to Deputies Zour and Hill and congratulated them on this special recognition. B4. Presentation of Bicycle "Rodeo" by the Rancho Cucamonga Police Department and recognizing the contributors of the event. A power point presentation was given by Deputy Ron Ives, which is on file in the City Clerk's office. City Council Minutes June16,2004 Page 3 II C. PUBLIC COMMUNICATIONS II C1. John Lyons commented on Chief Michael retiring from the Fire District. He continued to talk about the District and the great organization it has become. He felt Chief Michael should be rewarded for his years of service and thanked him for the job he has done. C2. Melanie Ingram talked about her daughter's graduation from ALHS and added that Mayor Alexander also attended. C3. Nicole Myerchin commented on the need for people to foster a pet. She stated the number for HOPE is 989-8038. She stated the death of President Reagan made her stop to think about her life. She stated she stopped to think what a great leader is and felt it was all of the City Council. She hoped the Council will do the right thing with animals in the community because they have great hearts and souls. I ~. CouNciL COMMUNICATIONS II D1. Gouncilmember Gutierrez stated he was sorry to miss the bicycle rodeo, but felt it was a successful event. He expressed his appreciation to Chief Michael for what he has done for the community. He stated the City is doing what they can to protect the animals at the animal shelter. He mentioned an elderly resident had called him stating they were not able to get out of their building because they had no elevator for access. He stated he would be talking to staff about these requirements. He stated he remains committed to the well being of people in the City. D2. Councilmember Howdyshell commented on the retirement of Chief Michael and the great job he has done, but felt Chief Bryan will do a great job behind him. He attended the Wells Fargo Bank grand opening and told how they were giving money to the schools. He stated the spay mobile was out this weekend doing a great job. He added he attended the bicycle rodeo this past weekend and mentioned what a great event it was. D3. Councilmember Kurth commented on the retirement of Chief Michael and congratulated him. He commented on the "happy trails" card he had received in the mail and how people should take care of the trails. He felt the bicycle rodeo was great and how much the children enjoyed it. He thanked the Police Department for all of the things they do in the community. He stated he has been walking in the Etiwanda area getting a feel for what people think about the City. He stated he heard comments on the recent water conservation efforts and felt everyone did a great job through this crisis. He also felt the Metropolitan Water District did a great job handling this emergency situation. He suggested there be a back-up system in place in case this type of situation occurs in the future. D4. Councilmember Williams also commented on how great an event the bicycle rodeo was. She stated she and Mayor Alexander attended the Route 210 Task Force meeting that recently took place. She stated there are still some issues that need to be resolved before it is finally complete and that the Task Force will continue with the meetings. She appreciated the work that the Task Force members have done. She stated she will be going to Sacramento on June 17 for a press conference re the initiative to save the City's revenue. She added that some of the legislators are challenging the Governor's initiative pertaining to this. She felt people should write Assemblyman Dutton to express their opinion. City Council Minutes June 16, 2004 Page 4 II ~. CONSENT CALENDAR I El. Approval of Minutes: May 19, 2004 (Kurth absent) E2. Approval of Warrants, Register May 25 through June 7, 2004, and Payroll ending June 7, 2004, for the total amount of $4,406,641.55. E3 Approve to receive and file current Investment Schedule as of May 31,2004. E4. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the installation of fiber optic cabling on Base Line Road and at the Victoria Gardens Regional Center, to be funded from Acct. No. 17120015603. RESOLUTION NO. 04-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF FIBER OPTIC CABLING ON BASE LINE ROAD AND AT THE VICTORIA GARDENS REGIONAL CENTER, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E5. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for Improvements in Phase 01/03 Final Work of CFD's 2001-01 & 2003-01 for final street overlay, final striping, street and trail lighting, etc. on Day Creek Boulevard, Victoria Gardens Lane, Victoria Park lane, Arbor Lane and Church Street, to be funded from Acct. Nos. 16123035650/1442612-0 and 16143035650/1442614-0. RESOLUTION NO. 04-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN PHASE 01/03 FINAL WORK OF COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 (TO BE BID AND CONSTRUCTED AS ONE PROJECT), INCLUDING FINAL STREET OVERLAY, FINAL STRIPING, STREET AND TRAIL LIGHTING, ETC. ON DAY CREEK BOULEVARD, VICTORIA GARDENS LANE, VICTORIA PARK LANE, ARBOR LANE AND CHURCH STREET, IN SAID CiTY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval to pay Cueamonga Valley Water District $45,504 for costs associated with the Central Park Senior/Community Center Project from Park Development Fund Acct. 1120305-5650/1343120-0. ET. Approval to purchase annual server software license from CDW-G in the amount of $59,101, to be funded from Fiscal Year 2003/2004 General Fund, Administrative Services Department, Information Systems Division Acct. No. 1001-209-5152. E8. Approval of Landmark Designation DRC2003-01073 -Judy Spaulding, et al - A request to designate 26 walnut trees lining Beryl Avenue north of Hillside Road and south of Carrari Court as a Designated Local Landmark - APN: 1061-371-26, 27, 28, 29, 31, and 40. City Council Minutes June 16, 2004 Page 5 RESOLUTION NO. 04-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2003-01073, DESIGNATING THE 26 WALNUT TREES LINING BERYL AVENUE, LOCATED NORTH OF HILLSIDE ROAD AND SOUTH OF CARRARI COURT, A HISTORIC LOCAL LANDMARK; AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1071-371-25, 26, 27, 28, 29, 31, 33, AND 40 E9. Approval of Resolutions relating to the November 2, 2004 Election. RESOLUTION NO. 04-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 2ND DAY OF NOVEMBER 2004, FOR THE ELECTION QF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD ON SAID DATE RESOLUTION NO. 04-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 2, 2004 El0. Approval of Ordering the Annexation to Landscape Maintenance District Nos. 1 and 3B and Street Lighting Maintenance District Nos. 1,2, and 6 for DRCDR00-79, located at the northwest corner of Haven Avenue and Civic Center Drive, submitted by Burnett Development Corporation and United Dominion Realty Trust. RESOLUTION NO. 04-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NOS. 1 AND 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1,2 AND 6 FOR DRCDR00-79 Ell. Approval of Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2003-00732, located on the north and south sides of Jack Benny Drive, east of Rochester Avenue, submitted by Bates-Evergreen Partners, LLC, and Stadium Plaza South, LLC. RESOLUTION NO. 04-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2003- 00732 City CounciI Minutes June16,2004 Page 6 RESOLUTION NO. 04-197 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 DRC2003-00732 E12. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Nos. 1 and 6 for DRCDR00-41, located on the south side of 6~h Street between Haven and Hermosa Avenues, submitted by Cabot Industrial Properties, L.P., a Delaware Limited Partnership. RESOLUTION NO. 04-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRCDR00-41 RESOLUTION NO. 04-199 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 DRCDR00-41 E13. Approval of Improvement Agreement Extension for DRC2001-00805, located at 10863 and 10865 Jersey Boulevard, submitted by Ralph Karubian, Sol Stone, Marcia Stone, Charles Karubian and Laurence Karubian. RESOLUTION NO. 04-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2001-00805 E14. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $186,746.11 to the apparent Iow bidder, America West Landscape, Inc., (CO 04-066) and authorize the expenditure of a 10% contingency in the amount of $18,674.61, for the Carnelian Street Landscape Improvements from Vivero Street to 1000' south of Vivero Street, to be funded from Beautification funds, Acct. No. 11103165650/1172110-0. E15. Approval to authorize the City Manager to enter into a non-exclusive Master Power Purchase and Sale Agreement (Agreement) by and between the City and Coral Power, LLC, (CO 04-067) of Houston, Texas (Coral), subject to any modifications approved by the City Manager and the City Attorney, authorize the City Manager to execute the Confirmation Orders with Coral in amounts necessary to provide electric service to new customers, to be funded from Acct. No. 17053035209. E16. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $77,666.90 to the apparent Iow bidder, Dye & Browning Construction, Inc., (CO 04-068) and authorize the expenditure of a 10% contingency in the amount of $7,766.69, for the ADA 2003-2004 Access Ramp and Drive Approach Improvements, to be funded from Pedestrian Grant/Article 3 and Measure "1" funds, Acct Nos. 12143035650/1150214-0 ($11,610.81) and 11763035650/1150176-0 ($73,822.78) City Council Minutes June 16, 2004 Page 7 E17. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,633,776.57 to the apparent Iow bidder, Ecology Constructions, Inc., (CO 04-069) and authorize the expenditure of a 10% contingency in the amount of $163,377.66 for the Phase lB(E) of Community Facilities District 2001-01, including Landscaping and Amenities on Arbor Lane, to be funded from CFD 2001-01 funds, Acct. No. 16123035650/1442612-0. E18. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $96,555.00 to the apparent Iow bidder, E.G.N. Construction, Inc., (CO 04-070) and authorize the expenditure of a 10% contingency in the amount of $9,655.50 for the Bus Bay on the south side of Foothill Boulevard, east of Haven Avenue, to be funded from AB2766 Air Quality Improvement funds and Measure "1" funds, Acct. Nos. 11053035650/1238105-0 ($70,000.00) and 11763035650/1238176-0 ($35,000.00) and appropriate an additional amount of $5,000.00 to Acct. No. 11763035650/1238176-0 from Measure "1" fund balance. E19. Approval of request to enter into a Lease Hold Agreement at the Epicenter Stadium, located at 8378 Rochester Avenue, between Verizon Wireless and the City of Rancho Cucamonga (CO 04-071) for the purpose of installing a wireless communication facility for Verizon Wireless Personal Communication Service. E20. Approval to accept the Modification of Traffic Signals and Safety Lighting at Archibald Avenue and 19th Street, Contract No. 03-067 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $36,674.00. RESOLUTION NO. 04-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT ARCHIBALD AVENUE AND 19TM STREET, CONTRACT NO. 03-067 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E21. Approval to accept the 2003/2004 Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, Contract No. 03-068 as complete, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $159,855.00. RESOLUTION NO. 04-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 2003/2004 LOCAL STREET PAVEMENT REHABILITATION SLURRY SEAL OF VARIOUS STREETS, CONTRACT NO. 03-068 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E22. Approval to accept the Highland Avenue Landscape Improvements east of Day Creek Boulevard, Contract No. 04-019 as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $78,868.00. RESOLUTION NO. 04-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE LANDSCAPE IMPROVEMENTS EAST OF DAY CREEK BOULEVARD, CONTRACT NO. 04-019 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes June 16, 2004 Page 8 MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. F. CONSENT ORDINANCES I Fl. CONSIDERATION OF SECOND READING OF ORDINANCE FOR ENVIRONMENTAl ASSESSMENT AND DEVELOPMENT CODE AMENDMENT - DRC2001-00534 - CABOT INDUSTRIAl PROPERTIES, L.P. - A request to amend the circulation within the Industrial Park Development District, Subarea 6, to eliminate Center Avenue from 6~h St. south to Trademark Parkway, submitted by Cabot Industrial Properties - APN's 209-072-06 -11, -16, -17 and -35. Debra J. Adams, City Clerk, read the title of Ordinance No. 722. ORDINANCE NO. 722 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2001-00534, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, ELIMINATING THE EXTENSION OF CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKWAY BY AMENDING SECTION 17.30.080, FIGURE 17.30.080-H OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS iN SUPPORT THEREOF MOTION: Moved by Gutierrez, seconded by Kurth to approve Ordinance No. 722. Motion carried unanimously 5-0. G. ADVERTISED PUBLIC HEARINGS Gl. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2002-00865 - RICHLAND PINEHURST, INC. - A proposed Annexation of 160.0 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN: 0225-083-01, 12, 13, 14, 15, 16 and 20. Related Files: Tentative Tract Map SUBTT16072, Tree Removal Permit DRC2003-00461, and Development Agreement DR02002-00156. (CONTINUED FROM JUNE 2, 2004) CONSIDERATION OF APPEAL OF ENVIRONMENTAL iMPACT REPORT AND TENTATIVE TRACT MAP SUBTT16072 - RICHLAND PINEHURST, INC. - The proposed residential subdivision of approximately 150.8 acres into 359 lots in the Iow (2-4 dwelling units per acre) and Very-Low (.1-2 dwelling units per acre) Residential Districts, with an average density of 2.3 dwelling units per acre for the entire project, in the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located on the nor[h side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN: 0225-083-01, 12, 13, 15, 16 and 20. Related Files: Development Agreement DRC2001-00156; Annexation DRC2002-00865, and Tree Removal Permit DRC2003-00461. City Council Minutes June 16, 2004 Page 9 CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2002-00156 - RICHLAND PINEHURST, INC. - A proposed Development Agreement to address specific conditions of development and annexation for 150.8 acres of land located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN: 0225-083-01, 12, 13, 15, 16 and 20. Related Files: Tentative Tract Map SUBTT16072, Annexation DRC2002-00865, and Tree Removal Permit DRC2002-00461. Staff report presented by Larry Henderson, Principal Planner. He stated there has been additional information distributed that was not included in the agenda packets and that it should be made part of the record. Councilmember Kurth inquired what the density was. Larry Henderson, Principal Planner, stated it is 2.3 units per acre, which is comparable to the projects to the west of this. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Stan Morris, NBS Consulting, stated they staded processing this through the County several years ago and started working with the City one-and-a-half years ago to go through the City's procedures. He stated he is asking the Council to approve this so they can continue with this process through LAFCO. Lewis Burrelson stated they are residents in the City. He added that when he moved to the City it was planned, as he knew it, to have this area be Iow density. He hoped this would remain for the future. He stated as residents they will be stuck with whatever is built and wished the developer would have come to him to get his opinion of this project. Craig Sherman, representing the Habitat Wildlife and Sage Council, stated they are opposing this project and have submitted letters to the City Council regarding this, which are on file in the City Clerk's office. He continued to point out his reasons contained in his letters to the Council. Dr. Travis Longcore submitted information, which is on file in the City Clerk's office. He continued to talk about the information contained in the documents he submitted. He felt this information should be looked at. Patricia Burrelson stated she is concerned about the development in this area. She stated her neighbors did not get the notification for this meeting. She is concerned about the traffic on Wardman Bullock. She stated she is also concerned about having enough schools for all of these people, She felt the value of their homes will decrease because of the density being higher. She stated she will miss the fields for recreational uses and is opposed to this project. John Lyons felt this was butchering Etiwanda again. He stated he is concerned about there being enough water and also fire and police protection for this area, He felt a Mello-Roos Police and/or Fire District tax would be in order. He felt it should be reviewed as to flood control property being sold. Carol Douglas, Alta Loma Riding Club, felt one way or the other these homes will be built, whether they will be in the City or the County. She hoped this project will be built to City standards, but hoped they will be one-half acre lots. She stated the Riding Club supports this annexation. Melanie Ingram felt if certain things have not been taken care of through the EIR, etc., she felt the City should take more time to study this. She stated she is also concerned about water for this area. She stated she questioned if this could be annexed and left vacant. She stated she was not sure why this is needed. She felt they should be left as one-half acre lots. City Council Minutes June 16, 2004 Page 10 Jim Frost stated Rancho Cucamonga, as we know it, is going to cease to exist. He would like to see what the City can do in the future by looking at all of the vacant land. There being no further response, the public hearing was closed. James Markman, City Attorney, stated Mr. Sherman has submitted three original letters with photographs for the record. Councilmember Gutierrez stated his comments apply to all three of the public hearing items. He wanted to know how this area has changed as was mentioned previously. Larry Henderson, Principal Planner, explained how they took an average density of all these units to come up with what is being proposed. Councilmember Gutierrez stated this area is going to be developed one way or the other. He stated he is concerned about open space. He stated he is concerned about this area and added that is why he sits on the County's North Etiwanda Preserve Commission. He inquired if development continues at the rate it is going with land that has been spoken for in North Etiwanda, how many homes do we think we are looking at until we reach our boundaries and we get into open space that we can preserve. Larry Henderson, Principal Planner, stated there are projected 950 dwelling units, which would project a gross density of 1.18 dwelling units per acre for 800 acres of land. Councilmember Gutierrez stated he feels there is an effort to preserve open space in the City. He stated he does want to preserve the land of the City even though there is nothing the City can do to stop some of the building. Councilmember Howdyshell asked of the 800 acres to be annexed, how much of it is planned for open space. Larry Henderson, Principal Planner, referred to a map for this information. Councilmember Howdyshell asked if there will be taxes to cover emergency services. Larry Henderson, Principal Planner, stated yes. Mayor Alexander felt what would happen by not approving this is that it would go to the County and the City would not get any revenue for a development, but would still have to provide services and this would be built under County regulations. He felt the City would wind up with a better density by having this built under the City as opposed to the County. Councilmember Kurth felt if this development is built under County standards it will not meet City standards. He added if it is built under City standards, we can also preserve as much open space as possible. Councilmember Williams inquired the total number of units that would be built under the County as opposed to the City. Brad Buller, City Planner, stated counting all three of these annexations, there would be approximately 1,300 less units by this being done in the City. Councilmember Williams verified there would be trails, trailheads, etc. if this is done in the City. She also felt the landowners have rights to build. She did not feel the City has a lot of choice. She asked if the schools have to give a "will serve" before a project can be built. Brad Buller, City Planner, stated the laws have been changed on this so it is not a requirement, but the schools are aware of the annexations and the City has taken this into account. City Council Minutes June 16, 2004 Page 11 RESOLUTION NO. 04-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE RICHLAND-PINEHURST RESiDENTiAL PROJECT, WHICH INCLUDES ANNEXATION OF APPROXIMATELY 160 ACRES, TENTATIVE TRACT MAP SUBTT16072, AND ASSOCIATED DEVELOPMENT AGREEMENT, FOR A RESIDENTIAL SUBDIVISION OF 150.8 ACRES INTO 358 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW RESIDENTIAL DISTRICTS (.1-2 DWELLING UNITS PER ACRE) AND VERY LOW RESIDENTIAL DISTRICTS (.1-2 DWELLING UNITS PER ACRE), iN THE UPPER ETIWANDA NEIGHBORHOOD OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0225-063-01, 12, 13, 15, 16, AND 20 RESOLUTION NO. 04-205 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE, AS DESCRIBED IN EXHIBIT "A", DEPICTED IN EXHIBIT "B," AND OUTLINE IN EXHIBIT "C," THE PLAN OF SERVICES RESOLUTION NO. 04-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT MAP SUBTT16072 FOR A RESIDENTIAL SUBDIVISION OF 358 LOTS ON APPROXIMATELY 150.8 ACRES OF LAND IN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083-01, 12, 13, 15, 16 AND 20, AND APPROVING TENTATIVE TRACT MAP SUBTT16072 FOR A RESIDENTIAL SUBDIVISION OF 358 LOTS ON APPROXIMATELY 150.8 ACRES OF LAND IN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083-01, 12, 13, 15, 16 AND 20 MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution Nos. 04-204, 04-205 and 04- 206. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 725. City Council Minutes June 16, 2004 Page12 ORDINANCE NO. 725 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2002-00156, A DEVELOPMENT AGREEMENT BET~VEEN THE CITY OF RANCHO CUCAMONGA AND RICHLAND- PINEHURST, INC., FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 150.8 ACRE SITE WITH UP TO 358 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0225-083-01, 12, 13, 15, 16, AND 20 MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 725 for the July 7 meeting. Motion carried unanimously 5-0. A recess was taken at 9:23 p.m. The meeting reconvened at 9:34 p.m. with all Councilmembers present. G2. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2003-00753 - HENDERSON CREEK PROPERTIES, LLC - A proposed Annexation of approximately 100 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan at the northerly end of Wardman Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-28 and 29. (CONTINUED FROM JUNE 2, 2004) CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC - A proposed General Plan Land Use Amendment from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land, located at the northerly end of Wardman Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC - A proposed Etiwanda North Specific Plan Amendment from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land and the proposed modification of the circulation system in the Etiwanda Highlands Neighborhood of the Specific Plan - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. CONSIDERATION OF APPEAL OF ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC - The proposed subdivision of 63.5 acres into 123 lots for single-family development, within the Very-Low Residential District (.1-2 dwelling units per acre) of the Etiwanda North Specific Plan, located at the northerly end of Wardman Bullock Road - APN: 0225-084-04, 0226-081-09 and I0, and 0226-082-29. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES1 LLC - A proposed Development Agreement to address specific conditions of development and annexation for 63.5 acres of land, located at the northerly end of Wardman Bullock Road within the Etiwanda North Specific Plan - APN: 0225-084-04, 0226-081- 09 and 10, and 0226-082-29. Staff report presented by Larry Henderson, Principal Planner. Councilmember Kurth asked if there would be issues with water and school. City Council Minutes June 16, 2004 Page13 Larry Henderson, Principal Planner, stated there are no issues with water and that they are trying to work with the school district for another school. He felt they will provide adequate schools. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Lewis Burrelson stated he did not know where the students are going to go. He felt it would take years for a new school to get approved and be built. Mayor Alexander stated sometimes the City cannot help with some of these types of issues because it is up to the school board to handle this. He stated unfortunately the school districts sometimes wait until there is an impact before they do something. Mr. Burrelson stated he did not think a developer would develop this property under the County address and felt this would be a good deal for him if approved by the City. He felt there is a better alternative than annexing this into the City. Pam Steele, Hogle Ireland, stated they had been working with the County for three years and then two years ago started working with the City. She stated they have lowered the density a little for this project. She stated the lot average size will be 18,000 square feet. She felt this project will add to the value of the area and added they do have equestrian lots as well. Lori Corob stated she did not feel the City has helped them when there has been floods or other problems and that they still had to pay the taxes. She mentioned there have been schools that have opened and that they were not ready when they opened. She felt development should stop so that services can catch up to them. She stated traffic is also a concern to her. She felt the Council should look at this whole plan. Craig Sherman, Spirit of the Sage and Habitat Trust, stated they have submitted information, which is a part of the record. He felt the Council is piecemealing all of this, and did not feel the Council is planning for their community. He did not think the trees should be cut down and then turn around and plant new ones. He stated that is killing trees and he did not agree. Dr. Travis Longcore stated he has been retained by Mr. Sherman and that his comments from the previous item apply here as well. He did not feel the EIR's were consistent between this project and the previous one. He felt the Council should take the advice of the people that are experts in this area. Carol Douglas echoed her comments from the last item that she would rather see this built under the City than the County. She felt it was a well-planned community. Susan Hori, representing Henderson Creek, corrected comments made by Mr. Longcore. She added the Department of Fish and Game do not have a problem with the EIR. She stated she wanted this clarified for the record. She stated they do not have any trees on site as mentioned by Mr. Craig Sherman. Patricia Burrelson stated she is concerned about the traffic and felt there should be a different entrance other than just Wardman Bullock Road. She was concerned about the school impacts and the wildlife in this area. She hoped that the density does not change in this area. Mayor Alexander asked Ms. Burrelson why her children had to change schools, as she previously mentioned, and if she had talked to the school district. Ms. Burrelson stated the schools told her it is because there was so much development in the area. Coumcilmember Kurth inquired if there was another entrance into this project. Brad Buller, City Planner, stated there are other ways to get in and out of this project. City Council Minutes June 16, 2004 Page14 Mamus Solomon stated he feels development is going faster than the City can accommodate. He asked if there is a way to hold off on this. He asked that the Council take care of these residents. There being no further input, the public hearing was closed. Councilmember Williams stated schools will never build until there is a need. She suggested these people go to the school board with these concerns. Councilmember Gutierrez stated this is a never-ending cycle. He commented on the schools and felt they were still rated very high in the City. James Markman, City Attorney, responded to Mr. Sherman's comments stating the State will not allow the City to control a project so there are adequate schools. He stated the school community gets fees when a development is built and the City does not. He stated the City cannot deny a project because of the school availability. He mentioned the University Crest project that was approved by the County under EIR and the City filed a lawsuit to arrest those projects because they were building out with density and grading standards that were far below anything Rancho Cucamonga would allow. He stated the County General Plan stated if you are building in a City Sphere of Influence you had to build to City standards. He stated once the lawsuit was filed, the County promptly, at the advice of County Counsel, got rid of that language without any environmental work whatsoever and just struck out any requirement to build to City standards. Then the City filed lawsuit number two challenging this change in the General Plan, which went all the way to the Court of Appeals. He stated the City won this case in the Court of Appeals, which stopped them from getting away from City standards. He stated this led to the process we are doing right now. He stated the City is not disingenuous as Mr. Sherman stated. He stated it is not fair to say these projects are being piecemealed. He stated these are being brought to the Council at one time so the Council knows the cumulative impacts. Councilmember Williams stated LAFCO encourages large projects, not piecemealing. Councilmember Kurth stated he felt the traffic needs to be worked on as a community and stated he realizes there are some issues with the schools. He stated the City is trying to solve these issues. He felt staff has done a good job. Mayor Alexander stated he knows everyone is not going to be happy, but the City will do its best. RESOLUTION NO. 04-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HENDERSON CREEK RESIDENTIAL PROJECT, WHICH INCLUDES ANNEXATION OF APPROXIMATELY 100 ACRES, A GENERAL PLAN AMENDMENT, ETIWANDA SPECIFIC PLAN AMENDMENT, TENTATIVE TRACT MAP SUBTT16324, AND DEVELOPMENT AGREEMENT, FOR A RESIDENTIAL SUBDIVISION OF 63.5 ACRES INTO 123 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD - APN: 0225-084-04, 0226-081-09 AND 10, AND 0226-082-29 City Council Minutes June 16, 2004 Page15 RESOLUTION NO. 04-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY GENERALLY LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD AT THE INTERSECTION OF COLONBERO ROAD, AS DESCRIBED iN EXHIBIT "A", DEPICTED IN EXHIBIT "B," AND OUTLINED iN EXHIBIT "C," THE PLAN OF SERVICES RESOLUTION NO. 04-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00749, TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR 83.5 ACRES OF LAND, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD AT THE INTERSECTION OF COLONBERO ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-084-04, 0226-081-09 AND 10, AND 0226-082-29 RESOLUTION NO. 04-210 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT MAP SUBTT16324 FOR A RESIDENTIAL SUBDIVISION OF 63.5 ACRES INTO 123 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD; AND MAKING FINDINGS iN SUPPORT THEREOF - APN: 0225-084-04, 0228-081-09 AND 10, AND 0226-082-29, AND APPROVING TENTATIVE TRACT MAP SUBTT16324 FOR A RESIDENTIAL SUBDIVISION OF 63.5 ACRES iNTO 123 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-084-04, 0226-081-09 AND 10, AND 0226-082- 29 Motion: Moved by Williams, seconded by Gutierrez to approve Resolution Nos. 04-207, 04-208, 04-209 and 04-210. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No, 726. City CounciIMinutes June16,2004 Page16 ORDINANCE NO. 726 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750, TO CHANGE THE DISTRICT DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR 63.5 ACRES OF LAND LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD AT THE INTERSECTION OF COLONBERO ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-084-04, 0226-081-09 AND 10, 0226-082-29 MOTION: Moved by Howdyshell, seconded by Williams to waive full reading and set second reading of Ordinance No. 726 for the July 7 meeting. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 727. ORDINANCE NO. 727 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00751, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND HENDERSON CREEK PROPERTIES, LLC, FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 65.3 ACRE SITE WITH UP TO 123 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD AT THE INTERSECTION OF COLONBERO ROAD - APN: 0225-084-04, 0226- 081-09 AND 10, AND 0226-082-29 MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 727 for the July 7 meeting. Motion carried unanimously 5-0. G3. CONSIDERATION OF ANNEXATION DRC2003-01164 - CITY OF RANCHO CUCAMONGA -A proposed annexation of approximately 300 acres of land generally located north of Wilson Avenue between East Avenue and Wardman Bullock Road - APN: 0225-084-05, 06, 07, 08, and 09 and 0226- 081-05, 06, 07, 08, 11, 12, 13, 14, 15, and 16. Related Files: General Plan Amendment DRC2003- 01162 and Etiwanda North Specific Plan Amendment DRC2003-01163. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2003-01162 - CITY OF RANCHO CUCAMONGA - A proposal to change the General Plan land use designation from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 80 acres of land and from Very Low Residential (.1-2 dwelling units per acre) to Conservation for approximately 45 acres of land, generally located north of Wilson Avenue between East Avenue and Wardman Bullock Road - APN: 0225-084-08 (portion) and 09 and 0226-081-05, 06, 07, 08, 11, 12, and 13. The entire project area of approximately 300 acres is also referred to as the Etiwanda Creek Annexation. Related Files: Annexation DRC2003-01164, Etiwanda North Specific Plan Amendment DRC2003-01163. Tentative Tract Map SUBTT16072, Tentative Tract Map SUBTT14749, and Tentative Tract Map SUBTT16324. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. City Council Minutes June 16, 2004 Page 17 CONSIDERATION OF ASSESSMENT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-01163 - CITY OF RANCHO CUCAMONGA - A proposal to change the Etiwanda North Specific Plan land use designation from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 80 acres and from Very Iow Residential (.1-2 dwelling units per acre) to Flood Control/Resource Conservation for approximately 45 acres of land, generally located north of Wilson Avenue between East Avenue and Wardman Bullock Road - APN: 0225-084-08 (portion) and 09 and 0226-082-05, 06, 07, 08, 11, 12, and 13. The entire project area of approximately 300 acres is also referred to as the Etiwanda Creek Annexation. Related Files: Annexation DRC2003-01164, General Plan Amendment DRC2003-01162, Tentative Tract Map SUBTT16072, Tentative Tract Map SUBTT14749, and Tentative Tract Map SUBTT16324. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff report presented by Larry Henderson, Principal Planner. Councilmember Gutierrez inquired if there is no developer, what is the reason for raising the density. Larry Henderson, Principal Planner, stated this will make it consistent with the adjacent land uses. Councilmember Gutierrez asked if more money is being made by there being more houses on a lot. Larry Henderson, Principal Planner, stated he did not know. Brad Buller, City Planner, added this density is being recommended because it is consistent with the neighborhood. Councilmember Williams talked about LAFCO's requirements when annexations are being done stating they do not like to leave a donut hole. Debra Meier, Centex Homes, informed the Council they will probably go less with the density than 2.5 units per acre. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Craig Sherman, representing Habitat Trust and Spirit of the Sage, referred to documents he previously faxed and distributed this evening. He felt the impacts need to be evaluated. He did not agree with the argument that if this is built by the County it will not be done to City standards. He stated his comments from his letter are for the record, which is on file in the City Clerk's office. Dr. Travis Longcore talked about environmental issues and the biological resource impacts, which were included in the information he distributed and is on file in the City Clerk's office. Lori Corob stated the plan has changed from when she originally purchased her home. She asked the Council to let this area be. There being no further public input, the public hearing was closed. Councilmember Gutierrez stated he supports this, but will not support more than two units per acre. City Council Minutes June 16, 2004 Page18 RESOLUTION NO. 04-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY GENERALLY LOCATED NORTH OF WILSON AVENUE BETWEEN EAST AVENUE AND WARDMAN BULLOCK ROAD AS DESCRIBED IN EXHIBIT "A," DEPICTED IN EXHIBIT "B," AND OUTLINED IN EXHIBIT "C," THE PLAN OF SERVICES RESOLUTION NO. 04-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-01162, TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 80 ACRES OF LAND, AND FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO CONSERVATION FOR APPROXIMATELY 45 ACRES OF LAND, GENERALLY LOCATED NORTH OF WILSON AVENUE BETWEEN EAST AVENUE AND WARDMAN BULLOCK ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-084-08 (PORTION) AND 09 AND 0226-081-05, 06, 07, 08, 11, 12 AND 13 MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution Nos. 04-211 and 04-212. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 728. ORDINANCE NO. 728 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-01163, A REQUEST TO CHANGE THE LAND DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 80 ACRES AND FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO FLOOD CONTROL/RESOURCE CONSERVATION FOR APPROXIMATELY 45 ACRES OF LAND, GENERALLY LOCATED NORTH OF WILSON AVENUE BETWEEN EAST AVENUE AND WARDMAN BULLOCK ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-084-08 (PORTION) AND 09 AND 0226-081-05, 06, 07, 08, 11, 12 AND 13 MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 728 for the July 7 meeting.. Motion carried unanimously 5-0. City Council Minutes June 16, 2004 Page 19 ]1 H. PUBLIC HEARINGS Il No Items Submitted. 1] I. CITY MANAGER'S STAFF REPORTS I[ I1. CONSIDERATION OF APPEAL OF USE DETERMINATION DRC2004-00093 - STEVE KNECHT - An appeal of the Planning Commission's decision denying a request to determine that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District at 10158 Sun Valley- APN: 1074-081-12. (CONTINUED FROM JUNE 2, 2004) Staff report presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Joan Knecht informed the Council about their business. Councilmember Gutierrez asked what she defines as a kennel. Mr. Knecht stated five or more dogs. Brad Buller, City Planner, stated there is a provision that you are not allowed to have more than three dogs. Nicole Myerchin asked that this proposal be denied because it would be setting a precedent. She stated there is a difference between a shelter and a breeding facility. She did not feel these people are complying with the law and that they have not tried to comply with the law until they were caught. She stated there are plenty of purebred retrievers that need homes. She did not feel these people should be granted special consideration. Steve Knecht stated they have purebred retrievers that are licensed. He stated people do want their dogs. He added they could not get a license because they have more than three dogs. Councilmember Gutierrez felt this facility is an animal care facility. He felt there was something to be said for a purebred animal, but felt these people are taking better care of these dogs than the animal shelter does. He did not feel these people are harming animals. He stated he would not classify this as "backyard breeding." He stated he would support their efforts in what they are doing. Councilmember Kurth asked for a definition of what the law says. James Markman, City Attorney, stated if the Council allows this use, they would need to add dog- breeding facilities approved to be put in this zone. He stated this is not, under any stretch of the legal imagination, going to be defined in a court of law as an animal care facility. He stated if the Council wants to approve this, he felt they should change the Ordinance. Mayor Alexander stated for their area, he cannot support what they are doing. He stated either the appeal has to be denied or they will have to change the Ordinance. Councilmember Williams stated she disagreed because they felt they could have a CUP. Mayor Alexander felt this would be setting a precedent by approving this. City Council Minutes June 16, 2004 Page 20 Councilmember Williams stated this CUP would have to be evaluated on the site. She felt there were more people that are breeding dogs than the City knows about and that they are also breaking the law. She stated she would support a CUP. Councilmember Gutierrez felt the language in the Ordinance needs to be cleaned up. He hated for these people to be the ones to set the example. He felt a CUP should be granted. Councilmember Kurth stated he doesn't think he can support this. He felt the law should be rewritten. Councilmember Howdyshell felt these people are trying to do what is right, but felt it should be denied because this does not support the Paw. He stated he would deny the appeal. RESOLUTION NO. 04-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Kurth to approve Resolution No. 04-128. Councilmember Kurth felt the Planning Commission does a great job and felt the Council should support them. Councilmember Gutierrez felt these people need to know what their next step is. Mayor Alexander stated he is not in favor of Code Enforcement going out and shutting them down, but felt someone needs to go about changing the law. Councilmember Williams felt the Council should never be a rubber stamp of the Planning Commission. Counoilmember Kurth felt once the rules are set, they need to be followed. Motion carried 3-2 (Gutierrez and Williams voted no). 12. APPROVAL OF A REVISED AGREEMENT WITH THE OLDTIMERS FOUNDATION (CO 92-015) THAT ENSURES RANCHO CUCAMONGA HOMEBOUND SENIORS ARE SERVED HOT MEALS INSTEAD OF FROZEN MEALS AND THAT THE ANTICIPATED EXPANDED PARTICIPATION IN THF CENTRAL PARK CONGREGATE SENIOR LUNCH PROGRAM WILL ALSO BE ACCOMMODATED Staff report presented by Dave Moore, Recreation Superintendent. Councilmember Howdyshell asked what amount is collected for the meals. Dave Moore, Recreation Superintendent, stated $2.50 and that it is a donation. Councilmember Howdyshell asked if the people know the whole cost of the meal and felt they should be made aware of what the total cost is even though this is on a donation basis. Mayor Alexander opened the meeting for public input. Addressing the City Council was; Greg Alvarado, Oldtimers Foundation, thanked the Council for pursuing these issues for the seniors. He stated they are willing to meet the needs of the seniors. City Council Minutes June 16, 2004 Page 21 Councilmember Howdyshell thanked him for the services they provide to the seniors. Mr. Alvarado commented that the $2.50 is a donation. MOTION: Moved by Williams, seconded by Kurth to approve CO 92-015 as revised. Motion carried unanimously 5-0. J. COUNCIL BUSINESS J1. APPOINTMENT OF TRANG HUYNH, BUILDING OFFICIAL, TO REPRESENT RANCHO CUCAMONGA ON THE WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF DIRECTORS Staff report presented by Jack Lam, City Manager. MOTION: Moved by Kurth, seconded by Williams to approve the appointment of Trang Huynh to represent Rancho Cucamonga on the West Valley Mosquito and Vector Control District Board of Directors. Motion carried unanimously 5-0. J2. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE MOTION: Moved by Williams, seconded by Howdyshell to receive and file the report. Motion carried unanimously 5-0. J3. DISCUSSION ON REQUIREMENTS FOR SOLICITING IN THE CITY Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Williams suggested that the requirements for solicitors be put on Channel 3. ACTION: Report received and filed. J4. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUB-COMMI'FI'EE'S RECOMMENDATION TO FILL TWO VACANCIES ON THE PARK AND RECREATION COMMISSION An oral report was given by Councilmember Kurth. MOTION: Moved by Howdyshell, seconded by Kurth to reappoint Patricia Carlson and Ann Punter to the Park and Recreation Commission. Motion carried unanimously 5-0. No items were identified for the next meeting. No communication was made from the public. City Council Minutes June 16, 2004 Page 22 MOTION: Moved by Kurth, seconded by Williams to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 12:03 a.m. Respectfully submitted, City Clerk Approved: August 4, 2004