Loading...
HomeMy WebLinkAbout2004/07/21 - Minutes July 21, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES 11 A. CALLTO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, July 21, 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, Robed J. Howdyshell, Donald J. Kudh, M.D., Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Joe O'Neil, City Engineer; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item. 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 PUSUANT TO GOVERNMENT CODE SECTION 54956.9(A) TO DISCUSS THE EMINENT DOMAIN PROCEEDING TITLED (CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON COMPANY, ET AL., SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. RCV 068007 - CITY II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session items. II D. CONDUCT OF CLOSED SESSION II The closed session began at 5:30 p.m. II E. CITY MANAGER ANNOUNCEMENTS AND REPORTS I City Council Minutes July 21, 2004 Page 2 The closed session adjourned at 6:53 p.m. and reconvened at 9:26 p.m. Closed session adjourned at 10:03 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reflular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 21,2004, 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 7:14 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; Pam Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; James Frost, City Treasurer; Larry Temple, Administrative Services Director; Charles Scott, Sr. Information Systems Specialist; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, 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. [[ B. ANNOUNCEMENTS/PRESENTATIONS I No announcements/presentations were made. C. PUBLIC COMMUNICATIONS C1. John Lyons, Etiwanda, stated he wanted to complain about Councilmember Kurth. He mentioned Councilmember Kurth's comments he had made in the newspaper the other day about managed growth. He talked about the growth in Etiwanda and the impacts it can have on the City. He mentioned the availability of water CVWD can provide for this area. He asked everyone to vote "no" on Kurth at the November election. C2. Janet Ryerson, Sr. Advisory Committee, said thank you to the Council for Central Park. She commented on the progress of the park, which includes a senior center and community center. She felt this was a great accomplishment for the City. She felt they are meeting the challenges of today and the future. She again stated thank you for raising the bar for this project. City Council Minutes July 21,2004 Page 3 C3. An unidentified man thanked the City Council for what they have done with the new senior center and Central Park. He talked about how much better it will accommodate all of the seniors and their activities. He thanked the Council for looking out for them. C4. Pauline Dean mentioned the $10,000,000 that Senator Brulte got for the senior center. She also mentioned the money that Congressman Dreier obtained for this project. She asked everybody to help write letters to our legislators to get $500,000 for transportation use. Mayor Alexander stated it is Pauline Dean and the seniors that have worked so hard to get this project where it is today. C3. Melanie Ingram wished Ms. Dean a "Happy Birthday." She distributed copies of a report from the Center for Governmental Studies entitled "Losing Ground" and how this relates to managing growth in the City. She also commented on an article she read in the Daily Bulletin where Councilmember Kurth stated that it didn't matter how he got elected. I[ ,,. CouNciL COMMUNICATIONS I D1. Councilmember Gutierrez commented on construction delays throughout the City and also the dust created from the construction, He asked for people to be patient because he felt it would be very rewarding once everything was completed. He commented on the mall project stating he is very excited about it. He felt the City needs the revenue and jobs the mall would create. He commented on the musical that took place at Los Osos High School last weekend. He stated the Music Man was a great production. D2. Councilmember Howdyshell stated he is very excited about the new senior facility and the mall. He expressed thanks to the staff for all of their work on this, Mayor Alexander stated he agreed, D3. Councilmember Kurth stated he is proud of all the great things going on in the City, and stated it is a team effort that has got this done, He commented on the people he has met while he is walking precincts and that he has forwarded their issues so they can be resolved. He stated he is proud to be part of this team. D4. Councilmember Williams commented on the wondedul "Project Isaiah," which has taken weapons off the street and turned them into steel, She stated the Governor was at the Ontario Mills and commented on the number of people that were in attendance supporting his message about the budget. She commented on the Inland Empire Division of the League and the speaker from the League's last meeting that was talking about Measure L She stated this needed to be extended when it comes to the voters again because of all the things it does for transportation issues. D5, Mayor Alexander stated the City is working hard to keep the Library open as many hours as possible, He added he agreed with everything other Councilmembers have stated about the senior center. He also commented on Marsha Banks correcting the pronunciation of "Cucamonga," and also stated the City is trying to make the Route 30 Freeway as safe as possible. ]1 E. CONSENT CALENDAR Il Jack Lam, City Manager, stated E7 needs to be removed from the agenda and that it will come back at a future meeting. City Council Minutes July 21, 2004 Page 4 El. Approval of Warrants, Register July 1 through July 13, 2004, and Payroll ending July 13, 2004, for the total amount of $3,778,319.76. E2. Approve to receive and fire current Investment Schedule as of June 30, 2004. E3. Approval of plans and specifications for the "Removal and Replacement of Grand Prix Fire Damaged Fencing along the Skyline, Monroe Canyon, Davis and Hermosa Easement Community Equestrian Trails" and authorize the City Clerk to advertise the "Notice Inviting Bids," to be funded from Capital Reserve Acct. No. 1025001-5650/1497025-0 as approved in the FY 2004/05 budget. RESOLUTION NO. 04-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "REMOVAL AND REPLACEMENT OF GRAND PRIX FIRE DAMAGED FENCING ALONG THE SKYLINE, MONROE CANYON, DAVIS AND HERMOSA EASEMENT COMMUNITY EQUESTRIAN TRAILS" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E4. Approval of plans and specifications for the "Removal and Replacement of Grand Prix Fire Damaged Flexible Metal Guard Rails and Posts at 4 Locations" and authorize the City Clerk to advertise the "Notice Inviting Bids," to be funded from Capital Reserve Acct. No. 1025001-5650/1498025-0 as approved in the FY 2004/05 budget. RESOLUTION NO. 04-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "REMOVAL AND REPLACEMENT OF GRAND PRIX FIRE DAMAGED FLEXIBLE METAL GUARD RAILS AND POSTS AT 4 LOCATIONS" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E5. Approval to Summarily Vacate the Drainage and Trail Easement of Parcel Map No. 15349, a dedicated easement for future drainage and trail purposes, located north of Church Street, east side of Milliken Avenue; V-196 - APN: 227-151-73. RESOLUTION NO. 04-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE DRAINAGE AND TRAIL EASEMENT OF PARCEL MAP NO. 15349, A DEDICATED EASEMENT FOR FUTURE DRAINAGE AND TRAIL PURPOSES, LOCATED NORTH OF CHURCH STREET, EASE SIDE OF MILLIKEN AVENUE; V-196 -APN: 227-151- 73 E6. Approval of Resolution allowing City Engineer to send a Notice of Intent to Purchase Property, to be funded by developer, in response to a Caltrans offer to sell pursuant to Government Code 54220 through 54227, for property located on the east side of Mulberry Street, south of 210 Freeway and west of Etiwanda Creek Channel, APN: 228-011-18 and-29. City Council Minutes July 21,2004 Page 5 RESOLUTION NO. 04-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO SEND NOTICE OF INTENT TO PURCHASE PROPERTY ON THE EAST SIDE OF MULBERRY STREET, SOUTH OF THE 210 FREEWAY AND WEST OF ETIWANDA CREEK CHANNEL E7. Approval for the purchase of one lot of lobby furniture for Central Park from Lloyd Henry Interior Systems, Inc., of Montrose, CA, in the amount of $79,044 and appropriation of $79,044 from the Park Development Fund balance into Fund 1120305-5200. REMOVED FROM AGENDA. E8. Approval of a Request from Valley Baseball Inc. (Quakes) and Baseballers Against Drugs (BAD) for a Waiver of Fees and Charges for a Free Youth Baseball Clinic at the Rancho Cucamonga Stadium on August 3, 2004. E9. Approval of Amendment to (CO#03-100) agreement with Dan Guerra & Associates for Increased Scope of Work to Include Additional Staking Services for the Central Park Landscape and Irrigation Project. El0. Approval of an Amendment to the Ground Lease between the City of Rancho Cucamonga and J. Filippi Winery for property located at 12467 Base Line Road. Ell. Approval of Map, Improvement Agreement, ~mprovement Security, Ordering the Annexation to Landscape Maintenance District No. 1 and Lighting Maintenance District Nos. 1 and 2 and Summarily Ordering the Vacation (V-197) of Peach Tree Lane and disposition of City-owned property by quitclaiming Lot A and a portion of Lot B of Tract 9588, for Tract 16430 located on the west side of Archibald Avenue between Wilson Avenue and Hillside Road, submitted by Archibald Ventures, LLC. RESOLUTION NO. 04-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16430, IMPROVEMENT AGREEMENT AND SECURITY RESOLUTION NO. 04-230 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16430 RESOLUTION NO. 04-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION (V-197) OF PEACH TREE LANE AND DISPOSITION OF CITY-OWNED PROPERTY BY QUITCLAIMING LOT A AND A PORTION OF LOT B OF TRACT 9588 E12. Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for Tract Map 16113, located on the west side of East Avenue, south of Wilson Avenue, submitted by Trimark Pacific Rancho Cucamonga, LLC. City Council Minutes July 21, 2004 Page 6 RESOLUTION NO. 04-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16113, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 04-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP 16113 E13. Approval of Map, Improvement Agreement and Improvement Securities for Public Street Improvements and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Parcel Map 16167, located at the southeast corner of Vineyard Avenue and 9th Street, submitted by ON Vineyard, LLC. RESOLUTION NO. 04-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16167, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 04-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 16167 E14. Approval to award the execution of a contract in the amount of $166,555.55 to Global Presenter (CO 04-093) of Huntington Beach, and authorize the expenditure of a contingency in the amount of $12,481.91 for an Audio/Visual Presentation System Upgrade for the City Council Chambers and to furnish and install an Audio/Visual Presentation System for the Emergency Operations Center (EOC) and authorize an appropriation of $21,475.00 from the COPS/Dreier EOC Grant to Acct. No. 1382105-5603 and an appropriation of $66,171.76 ($61,998.10 plus a 5% contingency of $4,173.66) to Acct. No. 2624801-5650/1348624-6314 for the EOC System (total cost of $83,473.10 plus contingency of $1,173.66), and approval of a transfer from Acct. No. 2650801-9624 to Acct. No. 262400-8650 in the amount of $66,171.76. E15. Approval of a Professional Services Agreement with Associated Engineers, Inc. (CO 04-094), Dan Guerra & Associates (CO 04-095), Dawson Surveying, Inc. (CO 04-096), and SB&O, Inc. (CO 04-097) to provide Annual Construction Survey Services for FY 2004/2005, with an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, for proposed Capital Improvement Projects through the City, for a total not to exceed $500,000 annually, to be funded from various individual project accounts. E16. Approval of Professional Services Agreements with Krazan & Associates, Inc. (CO 04-098), Ninyo & Moore (CO 04-099), and RMA Group (CO 04-100) to provide annual soils and material testing services for FY 2004/2005, with an option to renew annually up to an additional two years after review of fees and mutual agreement of both parties, for proposed Capital Improvement Projects throughout the City, for a total not to exceed $500,000 annually, to be funded from various individual project accounts. City Council Minutes July 21,2004 Page 7 E17. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for DRC2001-00719, located at the east side of the southern terminus of Hyssop Drive, east of the 1-15 Freeway, submitted by Erin Madison, Inc. RESOLUTION NO. 04-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00719 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval of release of a Real Property Improvement Contract and Lien Agreement for Parcel Map 13892, located on the north side of Northridge Drive, west of Haven Avenue. RESOLUTION NO. 04-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PARCEL MAP 13692, LOCATED ON THE NORTH SIDE OF NORTHRIDGE DRIVE, WEST OF HAVEN AVENUE E19. Approval to accept the Carnelian Street Storm Drain and Street Rehabilitation Improvements from Vivero Street to 19th Street, Contract No. 03-058 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 $2,851,650.37. RESOLUTION NO. 04-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CARNELIAN STREET STORM DRAIN AND STREET REHABILITATION IMPROVEMENTS FROM VIVERO STREET TO 19Tx STREET, CONTRACT NO. 03-058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E20. Disapproval of Final Map for Tract Map 16114, located on the east side of East Avenue, south of Wilson Avenue, submitted by Trimark Pacific Rancho Cucamonga, LLC RESOLUTION NO. 04-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DISAPPROVING TRACT MAP 16114 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. II ~. CONSENT ORDINANCES I No Items Submitted. City Council Minutes July 21,2004 Page 8 G. ADVERTISED PUBLIC HEARINGS I Gl. ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2003-01051 - TRAIGH PACIFIC - A proposed Annexation of approximately 240 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan north of the lower SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 21 thru 26 and 0225-084-02 and 03. Related Files: Tentative Tract Map SUBTT14749, Etiwanda North Specific Plan Amendment DRC2003-00409, General Plan Amendment DRC2003-00410, and Development Agreement DRC2003-00411. ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00410 - TRAIGH PACIFIC - A proposed General Plan Amendment of approximately 168.77 acres of land from Very Low Residential (.1-2 dwelling units per acre), to Low residential (2-4 dwelling units per acre) and Conservation, for land located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26 and 0225-084-02. Related Files: Annexation DRC2003-01051, Tentative Tract Map SUBTT14749, Etiwanda North Specific Plan Amendment DRC2003-00409 and Development Agreement DRC2003-00411. ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00409 - TRAIGH PACIFIC - A proposed Etiwanda North Specific Plan Amendment of approximately 168.77 acres of land from Very Low Residential (.1-2 dwelling units per acre), to Low residential (2-4 dwelling units per acre) and Flood Control/Resource Conservation and master-planned circulation modifications to the north, for land located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25 and 26 and 0225-084-02. Related Files: Annexation DRC2003-01051, Tentative Tract Map SUBTT14749, General Plan Amendment DRC2003-00410 and Development Agreement DRC2003-00411. CONSIDERATION OF APPEAL OF ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT14749 - TRAIGH PACIFIC - A proposed subdivision of 168.77 acres into 269 residential lots and a remainder parcel in the Low Residential District (2-4 dwelling units per acre) and Flood Control within the Etiwanda North Specific Plan, located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26 and 0225-084-02. Related Files: Annexation DRC2003-01051, Etiwanda North Specific Plan Amendment DRC2003-00409, General Plan Amendment DRC2003-00410, and Development Agreement DRC2003-00411. ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC - A proposed Development Agreement to address specific conditions of development and annexation for 168.77 acres of land within the Etiwanda North Specific Plan, located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26 and 0226-084-02. Related Files: Annexation DRC2003-1051, Tentative Tract Map SUBTT14749, Etiwanda North Specific Plan Amendment DRC2003-00409 and General Plan Amendment DRC2003- 00410. A staff report was presented by Larry Henderson, Principal Planner. Mr. Henderson introduced Kent Norton, consultant, who informed the Council on environmental issues. He referred to a letter that was included in the agenda packet. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Craig Page, Traigh Pacific, stated he started working on this project with the County and has now worked with the City to complete it. He stated it is consistent with adjacent projects that have recently been approved. He stated they have reviewed the conditions of approval and they are acceptable to the applicant. He respectfully request that the Council deny the appeal of the tentative map, certify the EIR, approve the General Plan and Etiwanda North Specific Plan Amendments and authorize annexation in the Development Agreement. City Council Minutes July 21, 2004 Page 9 John Lyons stated he keeps waiting for the Council to increase densities. He did not feel there was much planning for flooding in the Etiwanda area and stated it is in the flood plain. He stated he would like to have a wilderness park built on the north end of the City. He stated this would give the mountain lions a place to go. Craig Sherman, representing Spirit of the Sage and Habitat Trust, Inc., stated he faxed information which was distributed to the Council and that he would provide the original documents to be included in the record. He felt the City needs to figure out how they want their General Plan to be so things are not done piece meal. He felt there needed to be a water study done to make sure there is enough water for this new development. He did not feel the Development Agreement was circulated according to CEQA. He did not feel the impacts have been addressed through the EIR. He felt the sewer issue should also be addressed, Chuck Buquet stated this is the North Etiwanda area under the Etiwanda Specific Plan. He stated this project does meet the high standards of the City of Rancho Cucamonga. He stated he would love to see this developed under the City rather than the County. He thanked the developer for that. Vicky Vaughn, Sacramento Street and from the Alta Loma Riding Club, stated the equestrian center is a great part of this plan and is just what they need. She stated it will open up trails for them. She felt the Council should go ahead with this project. There being no further comments, the public hearing was closed. Councilmember Gutierrez asked how much mitigation was done by the developer as it relates to open space for this project. Larry Henderson, Principal Planner, stated they are providing 164 acres of offsite mitigation land. Councilmember Gutierrez asked how many acres the City has of open space bordering these developments. Larry Henderson, Principal Planner, stated considering all of the annexations the Council has been brought for approval, there are 365.7 acres. Councilmember Gutierrez inquired how much land is in the North Etiwanda Preserve. Larry Henderson, Principal Planner, stated there are over 900 acres. He also stated there are 1,200 acres in the Day Creek Preserve and 800 acres in the flood control district that is being set aside as conservation areas as part of the San Sevaine flood control improvement project. Councilmember Gutierrez stated this is over 3,000 acres and asked if it is contiguous. Larry Henderson, Principal Planner, stated most of it is contiguous. Councilmember Gutierrez stated he just wants the public to know there is an effort with the County through these approximate 3,000 acres to preserve this open space that can be used for wildlife. He wanted to make this point so everyone is aware of this. Councilmember Howdyshell felt this is a super project and agreed with the comments made by the Alta Loma Riding Club. Councilmember Kurth felt by doing this it allowed the City to take control of this area. He felt the standards can be held high. Councilmember Williams echoed what had been said. She wanted to thank County Supervisor, Paul Biane, for his cooperation and continued work on this. City Council Minutes July 21,2004 Page 10 Mayor Alexander stated he appreciated what Mr. Lyons stated. He felt his was the best alternative out there and felt it was a win/win situation. He stated there are wild land areas in the City where there are streams, walking paths, trees, etc. RESOLUTION NO. 04-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TRACY RESIDENTIAL PROJECT, WHICH INCLUDES THE ANNEXATION OF APPROXIMATELY 240 ACRES, A GENERAL PLAN AMENDMENT, ETIWANDA SPECIFIC PLAN AMENDMENT, TENTATIVE TRACT MAP SUBTT14749, AND DEVELOPMENT AGREEMENT, FOR A RESIDENTIAL SUBDIVISION OF 168.77 ACRES INTO 269 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0225- 083-05, 06, 07, 10, 22, 23, 25 AND 26 AND 0225-084-02 RESOLUTION NO. 04-241 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 NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE, AS DESCRIBED IN EXHIBIT "A," DEPICTED IN EXHIBIT "B," AND OUTLINED IN EXHIBIT "C," THE PLAN OF SERVICES RESOLUTION NO. 04-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2003-00410, 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) AND CONSERVATION FOR 168.77 ACRES OF LAND, LOCATED NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 RESOLUTION NO. 04-243 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 SUBTT14749 FOR A RESIDENTIAL SUBDIVISION OF 168.77 ACRES INTO 269 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE City Council Minutes July 21,2004 Page 11 AND APPROVING TENTATIVE TRACT MAP SUBTT14749 FOR A RESIDENTIAL SUBDIVISION OF 168.77 ACRES INTO 269 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE LOWER SCE CORRIDOR BETWEEN ETtWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution Nos. 04-240, 04-241, 04-242 and 04-243. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the titles or Ordinance Nos. 729 and 730. ORDINANCE NO. 729 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00409, TO CHANGE THE DISTRICT DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) AND FLOOD CONTROL/RESOURCE CONSERVATION FOR 168.77 ACRES OF LAND LOCATED NORTH OF THE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BE'BNEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS tN SUPPORT THEREOF - APN: 0225-083- 05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 ORDINANCE NO. 730 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAtGH PACIFIC, FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE -APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02 MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and set second reading of Ordinance Nos. 729 and 730 for the August 4, 2004 meeting. Motion carried unanimously 5-0. [] H. PUBLIC HEARINGS II No Items Submitted. City Council Minutes July 21, 2004 Page 12 I1. STATUS OF EMERGENCY EROSION CONTROL MEASURER - BELLA VISTA PROJECT Staff report presented by Joe O'Neil, City Engineer. Councilmember Gutierrez asked if they are proceeding as if the City has the funding. Joe O'Neil, City Engineer, stated they will be looking for the funding as they proceed with the plan. Councilmember Howdyshell inquired how long this will take to do the work. Joe O'Neil, City Engineer, stated this is a very short stretch of property so it would probably not take more than three months to get it done, but felt it could probably be done quicker. Councilmember Howdyshell asked if the ownership on the land is solved. Joe O'Neil, City Engineer, stated the City does not have any dedication from the property owners. He indicated they have talked to them and they have advised they are willing to do this, but added they have not actually seen the plans as yet and do not know the impact it will have on them. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Ead Anderson, Bella Vista, stated he was here tonight with many of the residents that live on Bella Vista. He stated he is pleased with what he has heard. He felt the major thing that needs to be done Ps for the Council to find the funds so that it this is completed by December. He stated he Ps frustrated and asked what the Council can do to approve the necessary money to go forward to get this completed. Mayor Alexander pointed out the equestrian and riding trails are development funded. He started he did not want people to think the City has so much money they are building trails all over because Pt is up to a developer to do this. He stated the City is committed, but felt it was also the homeowner's responsibility to assist with this. Sharon Morff, Bella Vista, asked what they can do to get funds from the Council to get this project taken care of. Mayor Alexander stated the City is doing everything they can do to find the funding. Jack Lam, City Manager, explained how capital funding works. He stated if no capital funds can be found, then they have to find other sources. ACTION: Report received and filed. 12. CONSIDERATION OF APPEAL OF HILLSIDE DESIGN REVIEW DRC2003-00961 - LYNNE AND RENEE MASSEY Staff report presented by Brad Buller, City Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City council were: Wendy Stachowiak stated they are trying to make everyone happy with this. She stated they are trying to get their home built so their children have a place to live. She stated they do care about their neighbors and their views. She stated the new design is not exactly what they wanted, and that it Ps costing them thousands for the redesign work. City Council Minutes July 21,2004 Page 13 An unidentified woman stated she has not heard from anyone in the last two weeks. She questioned if this was approved for result or effort. She stated if it was approved for effort, the Stachowiak's were led through a City process and made the effort and it is not their fault. She stated if it was approved for result, the project meets the minimum requirements and should have been planned better. She asked if that is good enough. She stated they want to work with everyone so they are all happy. Mike Schneider, Engineer for the project, stated on Monday they submitted some plans to Brad Bullet stating the roof has been lowered on this house. He asked instead of approving the appeal, the Council allow them the opportunity to meet with the Masi's and show them their new plans so they can come up with a solution for everyone. Chuck Buquet stated he disagreed with Mr. Schneider and did not feel his calculations are correct. He stated the suggestion for dropping the roof will still not make a difference. He stated they have been working on these types of issues for a number of years for this area. He stated he blames the people that sell these lots for not disclosing all of the information about the property. He felt they should be able to go back through the process and not pay the fees. Mr. Stachowiak stated he has complied with all City regulations and did not feel someone should be able to come in now and say this is net approved. He felt this was unfair. He asked the Council to reconsider their previous decision and deny the appeal and let him build his home. Jim Ford, Predera Court, commented on how his view could be completely obstructed depending on how lots around his home are built. He thinks everyone should be entitled to keep their view, even if yeu have lived in your home for awhile. There being no further input, public comments were closed. Mayor Alexander asked if there is a regulation about not being able to block a view in Red Hill. Brad Bullet, City Planner, stated we do not have an Ordinance that states what views are to be protected, but stated what came out at a previous meeting is that the Hillside Standards talk about view as being an important element when reviewing hillside projects. Mayor Alexander felt people should be told this. He stated he still felt it was irresponsible for the Council to accept the appeal and put these people in jeopardy. He stated it was unfair. He felt this should be continued so that there is some type of resolution. Councilmember Williams stated the Design Review Committee had asked for certain changes, but did not feel those had been made. She also felt it should go back to Design Review again and the Planning Commission so that it is acceptable to the neighborhood. She is afraid this will set the standard if it is approved. Brad Bullet, City Planner, stated there was disclosure from staff about the history of the property, the last approval, about the issue of the hillside envelope, and that minimum was not going to be allowed. He stated there have been many revisions through this process. Councilmember Williams stated the minutes that have been included with this agenda did not reflect this. She asked Mr. Buller if this can be worked through. Brad Buller, City Planner, stated yes. Councilmember Kurth felt this was something that could be worked out, but felt the fees should be waived. City Council Minutes July 21,2004 Page 14 RESOLUTION NO. 04-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVERSING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPLICATION FOR HILLSIDE DEVELOPMENT REVIEW DRC2003-00961, A REQUEST TO CONSTRUCT A 3,628 SQUARE FOOT SINGLE-FAMILY HOME ON LOT 12 OF TRACT 10035 IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT 8045 CAMINO PREDERA; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-631-02 MOTION: Moved by Alexander, seconded by Howdyshell to continue the item for one month so things can be worked out. Councilmember Gutierrez felt the Council should possibly consider an Ordinance about blocking people's views. Councilmember Kurth felt this should go back to Design Review. Motion carried 4-1 (Kurth voted no). J. COUNCIL BUSINESS J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATF ACTION: Report received and filed. J2. CONSIDERATION OF LIBRARY SUB-COMMITTEE'S RECOMMENDATIONS FOR NEW BOARD MEMBER Councilmember Howdyshell stated they were sorry to hear that Paula Pachon had resigned, but felt Bruce Bowen will be a great boardmember. MOTION: Moved by Williams, seconded by Alexander to appoint Bruce Bowen. Motion carried unanimously 5-0. [[ K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING K1. Councilmember Kurth mentioned the City Council, just prior to this meeting, saw a taser gun demonstration, and asked for Captain Ortiz to give a report at a Council meeting in the future. [[ L. PUBLIC COMMUNICATIONS No communication was made from the public. City Council Minutes July 21,2004 Page 15 M. ADJOURNMENT MOTION: Moved by Kurth, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:26 p.m. to closed session, not to reconvene. Respectfully submitted, Debra J. Adarfis, CMC City Clerk Approved: August 18, 2004