HomeMy WebLinkAbout2008/05/07 - MinutesMay 7, 2008
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL
REGULAR MEETING MINUTES
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council was held on Wednesday, May 7, 2008, in the Council Chambers of the Civic Center located at
10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth,
M.D. called the meeting to order at 7:08 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane
Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael, and
Chairman/PresidenUMayor Donald J. Kurth, M.D.
Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman,
Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley,
Management Analyst II; James C. Frost, City Treasurer; John Gillison, Deputy City
Manager/Administrative Services; Dawn Haddon, Purchasing Manager; Laura Bliese, Information
Services Specialist I; Mike Toy, Information Services Specialist I; Mahdi Aluzri, Deputy City
Manager/Community Development; Jerry Dyer, Sr. Civil Engineer; Corky Nicholson, Asst. Planning
Director; Tom Grahn, Associate Planner; Candyce Burnett, Senior Planner; Rina Leung, Senior Planner;
Barbara Tuncay, Assistant Planner; Mayuko Nakajima, Assistant Planner; Cathy Morris, Planning
Specialist; Kevin McArdle, Community Services Director; Dave Moore, Community Services
Superintendent; Susan Sluka-Kelly, Community Services Supervisor; Deborah Clark, Library
Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho
Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Kathryn L. Scott, Assistant City
Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
Bi. Presentation of a Proclamation in recognition of "Veteran Appreciation Month."
James Willingham, Veteran Representative, accepted the Proclamation.
B2. Presentation of a Proclamation in recognition of "Business Appreciation Week," May 12-16, 2008
Accepting the Proclamation were: Norm MacKenzie, President/CEO, and Mike Gaumer, Chairman of the
Board, Rancho Cucamonga Chamber of Commerce.
B3. Presentation of a Proclamation in recognition of "National Historic Preservation Month."
Accepting the Proclamation were Rancho Cucamonga Planning Commissioners: Pam Stewart, Chair;
Richard B. Fletcher, Vice-Chair; Ray Wimberly, Member; Frances Howdyshell, Member; and Lou Munoz,
Member.
B4. Presentation of a Certificate to Caryn Elementary School in recognition of their active walking
program and their efforts to encourage healthy lifestyles.
Pamela Easter, Assistant City Manager, provided an update on the "Healthy Cities Program" and
announced that the Park and Recreation Commission will be hosting a Public Forum on Thursday May
15`h @ Central Park to seek feedback on classes, programs, services, park and trail programming and
special events that the Community Services Department can offer to help residents.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 2
Pamela Easter introduced Julie Hillberg, Principal; Laura Tinker, Volunteer; and Mrs. Clark, Teacher,
Caryn Elementary School, who accepted the Proclamation. Also introduced were 4~" & 5~h graders from
Caryn Elementary School, recipients of the "Stinky Shoe" award -walking laps to help promote a healthy
city. Each student received a Certificate.
B5. Introduction of the "Healthy RC" logo.
The students of Caryn Elementary School unveiled the new "Healthy RC" logo symbolizing our healthy
RC program, developing mind, body and earth. The new logo was displayed on the back of their tee-
shirts.
C. PUBLIC COMMUNICATIONS
C1. Bill Hanlon re Gold Star Banner and armed forces events.
C2. Dee Barrow re objection to City-sanctioned day labor centers.
C3. Dr. Camiar Ohadi re Cardio Vascular Awareness Symposium @ Victoria Gardens
C4. Ed Hills re the ban of marijuana dispensaries
C5. Cheryl Burns re day labor center & illegal immigration.
C8. Emily Stillion re day labor center.
C7. Jim Moffatt regarding Gold Star Banners
C8. Jody Erickson re her son missing @ Playschool
Cg. Betty Linker & Wilma Steeve re the Senior Advisory Committee Dinner & Auction
C10. Elizabeth Allerton re day labor center.
C11. Cathy Cushman re day labor center.
C12. Jim & Gwynn Frost re "Run for the Wall."
C13. Raymond Herrera re day labor center
C14. Robin Hvidston re day labor center.
C15. Sandie Smith -See Item 1.1
C16. John Lyons re reminder for graduates "to not drink and drive."
C17. Jonathan Abraham re introduction of candidacy for State Assembly.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 3
D. AGENCY/FIRE BOARD/COUNCIL RESPONSES
TO PUBLIC COMMENTS
Councilmember Spagnolo clarified that the City's Banner Program is not in trouble. He said it is in
compliance with the law, and that it was the whole body who voted for the program. He said this body
votes as a unit and they voted to fly the Prisoner of War flag. He said the City cannot use public funds to
buy banners for any particular person. He said if a family cannot afford a banner, staff notifies the
Council and Council makes sure the banner is flown. He said the money comes from donations
(organizations/businesses) in the community. He added that there was an amendment made to the
ordinance to include the display of a banner for service people who lost their lives in the line of duty. He
said this was brought to their attention by a newspaper article in the "Daily Bulletin" regarding four local
service people who lost their lives in the war.
Councilmember Gutierrez: 1) stated that he and the others all help out with the banner program as the
Council believes in supporting our members of the military; 2) apologized to Mrs. Erickson's regarding her
son who was accidentally allowed to leave the Playschool room. He said that it is unfortunate and they
will look into that. He said there have been several thousands, if not tens of thousands, of children going
through this program and that statistically the City has a really good record; 3) thanked Ed Hills for
coming and said we have a lot of work to do to oppose the Attorney General's ideas of making drugs
more readily available to everyone; he said it is a shame that the Attorney General would have this
attitude and he believes very strongly that we should fight that; 4) re comments by the Minutemen, he
said it is not fair to the residents who live at Arrow & Grove to have to put up with the loitering; he said it's
not only an immigration issue, but an issue of community safety and quality of life. He said they will try to
get an answer to that.
Councilmember Michael: 1) regarding the day labor issues and the article in the newspaper, he thanked
for Mayor for asserting the leadership of the Mayoral Office, as they all feel the same way. He clarified
that we do not have a day labor center and we do not intend on having one. He said he believes it is a
Federal issue but we at the local level empathize with some of the issues and we will strive to do our best;
2) in recognition of Veteran's and National Day of Prayer, he said it is wondertul to take the time once a
year to recognize how important prayer is; he thanked the veterans who are here today and those who
have gone before us.
Councilmember Williams concurred with previously-made remarks (as she did not want to repeat them),
with appreciation to the Mayor regarding the day labor center comments made to the newspaper. With
respect to the Senior Dinner and Auction, she encouraged the public to attend. She stated that the
proceeds go towards the hot meal program for those residents who are shut in or disabled and unable to
prepare hot, nutritious home-cooked meals.
Mayor Kurth: 1) with reference to the day labor center issue, he said the Council works as a team and
they share the responsibility as well as the credit; 2) encouraged the public to attend Dr. Ohadi's Cardio
Vascular Awareness Symposium @ Victoria Gardens; and 3) commented how important the hot meal
program is for those residents who are in need; 4) regarding the illegal immigration issues, he said the
Federal government needs to address this; 5) with respect to the marijuana dispensaries, he said the City
of Rancho Cucamonga is not going to have them here.
E. CONSENT CALENDAR-REDEVELOPMENTAGENCY
E1. Approval of Minutes: April 2, 2008 (Special Meeting - "Green" Program)
April 2, 2008 (Regular Meeting)
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 4
E2. Approval of Check Register dated April 9 through April 29, for the total amount of $1,856,182.14.
E3. Approval plans, specifications and estimates and to authorize the advertising of the "Notice
Inviting Bids" for the Pacific Electric Inland Empire Trail - Phase V Construction, to be funded from Acct.
Nos. 11203055650/1612120, 11923035650/1612192, 12143035650/1612214 and
26508015650/1612650/
RESOLUTION NO. RA 08-005
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC INLAND
EMPIRE TRAIL - PHASE V CONSTRUCTION, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
E4. Approval of amended Fiscal Year 2007/08 Appropriations.
MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried unanimously 5-0.
F. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
F5. Approval of Minutes: April 2, 2008 (Special Meeting - "Green" Program)
April 2, 2008 (Regular Meeting)
F6. Approval of Check Register April 9 through April 29, 2008, for the total amount of $677,154.83.
F7. Approval of amended Fiscal Year 2007/08 Appropriations.
MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried unanimously 5-0.
G. CONSENT CALENDAR -CITY COUNCIL
G8. Approval of Minutes: April 2, 2008 (Special Meeting - "Green" Program)
April 2, 2008 (Regular Meeting)
G9. Approval of Check Register dated April 9 through April 29, 2008, and payroll ending April 29,
2008, for the total amount of $7,104,473.67.
G10. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 19`"
Street Parkway Landscape Improvements from West City Limits (Baywood Way) to east of Vineyard
Avenue and Saoohire Street Parkwav Landscape Improvements from 19`"_Street to 210 Freeway, to be
funded from Beautification Funds, Acct. No. 1110316-5650/1522110-0
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 5
RESOLUTION NO. 08-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE 19T" STREET PARKWAY LANDSCAPE
IMPROVEMENTS FROM WEST CITY LIMITS (BAYWOOD WAY) TO
EAST OF VINEYARD AVENUE AND SAPPHIRE STREET PARKWAY
LANDSCAPE IMPROVEMENTS FROM 19T" STREET TO 210
FREEWAY IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS
G11. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Wilson
Avenue Pavement Rehabilitation and Widening from Archibald Avenue to Haven Avenue, to be funded
from Measure "I" Funds. Acct. No. 1176303-5650/1628176-0.
RESOLUTION NO. 08-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE WILSON AVENUE PAVEMENT
REHABILITATION AND WIDENING FROM ARCHIBALD AVENUE TO
HAVEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
G12. Approval to authorize the advertising of the "Notice Inviting Bids" for the Pacific Electric Inland
Emoire Trail - Phase V Construction, to be funded from Acct. Nos. 1120305-5650/1612120, 1192303-
5650/1612192,1214303-5650/1612214, and 2650801-5650/1612650.
RESOLUTION NO. OS-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE PACIFIC ELECTRIC INLAND EMPIRE
TRAIL - PHASE V CONSTRUCTION, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
G13. Approval for ordering the Annexation to Landscape Maintenance District No. 1 and Street
Lighting Maintenance District Nos. 1 and 2 for DRC2007-00491, located at 5830 Buckthorne Avenue
(APN: 1062-121-26), submitted by Ryan Chance.
RESOLUTION NO. 08-087
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 DRC2007-00491
G14. Approval of a recommendation by the Park and Recreation Commission to approve a light
variance requested far a Minor, Major, Junior and Senior Divisions All-Star Tournament hosted by District
71 Little League during June 28 -July 18, 2008, at Heritage and Red Hill Community Parks.
G15. Approval of amended Fiscal Year 2007/08 Appropriations.
G16. Approval to purchase one (1) lot of Oracle Standard Edition Licenses and Maintenance support
from the Oracle Corporation utilizing General Services Administration (GSA) Cooperative Purchasing
Contract GS-35F-0009T (CP) in the amount of $150,456.46, to be funded as follows: $123,324.97 from
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 6
1714001-5152 (Computer Equipment/Technology Replacement - Software) and $27,131.49 from
1714001-5300 (Computer Equipment/Technology Replacement -Contract Services).
G17. Approval to increase expenditures from $50,000.00 to $75,000.00 for A&R Tire and R&R
Automotive for the remainder of the 2007/08 budget year and to authorize staff to adjust spending limits in
the future in accordance with the approved Police budget, line item 5250 - Vehicle Maintenance and
Repair.
G18. Approval to purchase a Case Skip Loader from D3 Equipment in the amount of $73,831.03, to be
funded from Acct. No. 1712001-5603 (Equipment and Vehicle Replacement Fund).
G19. Approval to purchase one (1) set of six (6) Gray WPLS-160 Wireless Portable Lift System from
Gray Manufacturing Company, Inc., in the amount of $64,946.47, utilizing the State of California Multiple
Award Schedule (CMAS) Contract No. 4-04-49-0011 A, to be funded from Acct. No. 1712001-5603/06913.
G20. Approval to purchase one (1) Veterinary Digital X-Ray machine with annual support and
maintenance from Southwest Imaging, Inc., as per request for proposal (RFP) #07/08-203, in the amount
of $75,034, to be funded from Acct. No. 1001104-5603 (Animal Care Services -Capital Outlay -
Equipment).
G21. Approval of a Resolution declaring its intention to detach certain territory from Landscape
Maintenance District No. 8 and 9 to adjust the boundary of the District map to match the parcels
contained therein.
RESOLUTION NO. 08-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO DETACH
CERTAIN PROPERTY FROM LANDSCAPE MAINTENANCE DISTRICT
NO. 8 AND 9
G22. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to
Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for
DRC2005-01060, located at the southern cut-de-sac terminus of Sierra Madre Avenue (south of Ninth
Street), submitted by National Community Renaissance of California.
RESOLUTION NO. 08-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-01060
RESOLUTION NO. OS-090
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 DRC2005-01060
G23. Approval to accept bids received and award and authorize the execution of the contract in the
amount of $988,764.45 to the apparent low bidder, All American Asphalt (CO 08-048), and authorize the
expenditure of a 10% contingency in the amount of $98,876.45, for the Etiwanda Avenue Pavement
Rehabilitation from 4~h Street to Arrow Route and Arrow Route Pavement Rehabilitation from 2500' west
of Etiwanda Avenue to Etiwanda Avenue improvements, to be funded from Measure "I" Funds, Acct. Nos.
1 1 76 303 5650/1 372 1 76-0 and 1 1 76303 56 50/1 6841 7 6-0, Transportation Funds, Acct. No.
11243035650/1076124-0 and Proposition 42 Funds, Acct. No. 1190303-5650/1076190-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 7
G24. Approval to award a contract to Brickley Environmental (CO 08-049), for the interior demolition,
lead base paint removal, mold remediation and proper disposal of all waste as needed for the Etiwanda
Train Depot, located at 7087 Etiwanda Avenue, in the amount of $55,950.00, to be funded from Acct. No.
1204314-5650/1389204-0.
G25. Approval of an Amendment to a Use Agreement with the County of San Bernardino (07-072) for
the use of 80 parking spaces at the Law and Justice Center.
G26. Accept the bids received and award and authorize the execution of the contract in the amount of
$10,590.00 to the apparent low bidder, Industry Coatings Company (CO 08-050), and authorize the
expenditures of a 10% contingency in the amount of $1,059.00 and a Metrolink Railroad reimbursable fee
in the amount of $5,000.00 for the Metrolink Railing Re-Paint, to be funded from Landscape Maintenance
District 3B Funds, Account No. 11333035304.
G27. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $688,644.28 to the apparent low bidder, R.J. Noble Company (CO 08-051), and authorize the
expenditure of a 10% contingency in the amount of $68,864.43, for the FY 07-08 -Local Street
Pavement Rehabilitation -Overlay of Various Streets, to be funded from Proposition 42 Traffic Relief
Funds, Acct. No. 11903035650/1022190-0 and Measure "I" Funds, Acct. No. 11763035650/1022176-0
and appropriate an additional amount of $20,000.00 to Acct. No. 1176303-5650/1022176-0 from Measure
"I" Fund balance.
G28. Approval to accept the bids received and award and authorize the execution of the contract in the
amount of $239,980.00 to the apparent low bidder, V.T. Electric, Inc. (CO OS-052), and authorize the
expenditure of a 10% contingency in the amount of $23,998.00, for the Construction of Traffic Signal
Interconnection System at 23 Locations project, to be funded from Transportation Funds, Acct. Nos.
11243035650/1582124-0, 11243035650/1591124-0 and 1124303-5650/1592124-0 and appropriate an
additional amount of $110,000.00 to Acct. No. 1124303-5650/1591124-0 and $82,000.00 to Acct. No.
1124303-5650/1592124-0 from Transportation Fund balance.
G29. Approval of Improvement Agreement Extension for Parcel Map 16455, located on the northeast
corner of Hermosa and Wilson Avenues, submitted by lyad Haifa.
RESOLUTION NO. 08-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
PARCEL MAP 16455
G30. Approval of Improvement Agreement Extension for Tract 17382, located on the east side of
Center Avenue between Arrow Route and 26~h Street, submitted by William Lyon Homes, Inc.
RESOLUTION NO. OS-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR
TRACT 17382
G31. Approval to accept Improvement, release the Faithful Performance Bond, accept a Maintenance
bond, and file a Notice of Completion for improvements for Tract 16274, located at the northwest corner
of Wilson and Mayberry Avenues, submitted by New Block Enterprises, Inc.
RESOLUTION NO. 08-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 8
IMPROVEMENTS FOR TRACT 16274 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
G32. Approval to release the Maintenance Guarantee Bond for Tract 16372, located on the northwest
corner of Etiwanda Avenue and Church Street, submitted by Standard Pacific Corporation.
G33. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance
Bond, and file a Notice of Completion for improvements for Tract 16372, located on the northwest corner
of Church Street and Etiwanda Avenue, submitted by Victoria Arbors, LLC.
RESOLUTION NO. 08-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16372 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
G34. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance
Bond, and file a Notice of Completion for improvements for Tract 16971, located on the east side of
Hellman Avenue, south of 6`" Street, submitted by Crestwood Corporation.
RESOLUTION NO. 08-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16971 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried unanimously 5-0.
A recess was taken at 8:45 p.m. The meeting was called back to order at 9:03 p.m., with all members
present.
H. ADVERTISED PUBLIC HEARINGS
FIRE PROTECTION DISTRICT
H1. CONSIDERATION OF ADOPTION OF A RESOLUTION DECLARING ANNEXATION OF
TERRITORY (PETER & HEATHER THURESSON- APN: 0201-043-54. -ANNEXATION NO. 88-08-2)
TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND
AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 9
RESOLUTION NO. FD 08-015
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF
TERRITORY (ANNEXATION NO. 88-OS-2) TO AN EXISTING
COMMUNITY FACILITIES DISTRICT (CFD 88-1 ), CALLING A SPECIAL
ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS
Jack Lam, City Manager, presented the staff report.
Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was
closed.
MOTION: Moved by Michael, seconded by Williams to approve Resolution No. FD 08-015. Motion
carried unanimously 5-0.
L. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
11. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DECISION TO DENY USE
DETERMINATION DRC2008-00179 - LEGG MASON REAL ESTATE INVESTORS. INC. - A REQUEST
TO DETERMINE IF A PROPOSED "FRESH 8 EASY" MARKET SHOULD BE PERMITTED UNDER THE
"SPECIALTY FOOD STORE" LAND USE CATEGORY WITHIN THE SPECIALTY COMMERCIAL
DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 2).
Candyce Burnett, Senior Planner, presented the staff report.
Councilemember Gutierrez asked if what staff's recommendation was when this item was presented to
the Planning Commission.
Candyce Burnett stated that the staff report presented to the Planning Commission at the March 12th
meeting set out some preliminary comparisons between this use and the supermarket use. She said in
comparing those uses, it was determined that this use is separate or different than a standard
supermarket or grocery store use based on its size, which is about 1/3 of the size of a standard
supermarket. She said staff felt that it was similar to that of a Trader Joe's or a scaled-down Henry's
Market. She said staff presented to the Planning Commission the points and facts for the actual use and
asked for a recommendation. She said staff didn't make a recommendation.
Councilmember Gutierrez stated that the City Planner told him that he or the staff felt that it was
acceptable and he disagreed with the Planning Commission.
Corky Nicholson, Assistant Planning Director, stated that in the report to the Planning Commission, staff
clearly indicated that it did meet the intent of the specialty commercial district.
Councilmember Gutierrez asked if staff could distinguish between what this store is like versus what that
center had previously (the Irvine Ranch Market).
Candyce Burnett stated that originally, when the Thomas Winery Plaza was approved, the Irvine Ranch
Market was approved. She said it was there for quite some time and operated as a small market like this.
Councilmember Williams asked if there is a more clear definition of what we consider "specialty'to mean
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 10
Candyce Burnett answered that we do not, and it was the concern of the Planning Commission that there
was no clear definition of what a specialty food use is. She said in this specific Subarea 2 of the Foothill
Boulevard District, the intent was that it had to be a use that was compatible, not only with use, but
architecture and theme.
Councilmember Michael asked if there is anything else that may have come up after the Planning
Commission hearing that the Council now has that they may not have had.
Candyce Burnett said the Council does have some additional information about the actual building, other
improvements proposed and that the market was actually proposed to be architecturally compatible; also
the Council was given information that staff would work with the developer to make the interior
improvements so that it was more 'Yarmer's market" or 'tivinery' Chemed and Council had information
about the landscape improvement, sign programs and overall site improvements.
Councilmember Williams stated they are here tonight to determine if this meets the criteria for a specialty
store, but staff is saying the criteria will be brought back at a later date. She said she would really like to
know what we consider the word "specialty" to mean.
Candyce Burnett stated that staff is currently researching to come up with definitions that they feel a
specialty food store may be. She said the determination use process is for uses like this that don't fit any
type of mold so that Council can define whether this meets the intent or not based on its location and the
actual proposal for the use.
Jim Markman, City Attorney, stated they are presenting a specific product line in the store in operational
mode to the Council asking for the Council to say this is a special store; if they changed, they could be
abated.
Applicant, Steve Pontell, made his presentation. He said he is pleased that this is a timely project as this
application reinforces previous proclamations presented earlier this evening re 1) business advocacy
week, as this project will stimulate economic development; 2) historic preservation, which will help
facilitate the ongoing preservation of the of the City's most important historic sites; and 3) and for "healthy
RC," which this project will facilitate quick and easy access to fresh organic food -all contributing towards
healthy Rancho Cucamonga. He said there will be very brief presentations helping to answer the
question about definition of specialty food and how this project can help meet that definition. He said by
definition, specialty would tend to imply something for a narrower focus than abroadly-applied food
service provider. He said timing is absolutely critical for a project like this. He said there is an economic
window in which to be able to act, so they would encourage the Council to take that into consideration.
Brian Corbell of Legg Mason Real Estate, Inc., said significant efforts have been made to upgrade the
subject center with the most important being the historic renovation of the artifacts throughout the site.
He showed the before and after pictures of the renovated artifacts. He said the renovation that they are
contemplating would total over $6 million and would include the construction of a brand new Fresh &
Easy building as well as upgrades to the landscaping, lighting and signage. He said, in addition, the new
building would be set back in the middle of the site, allowing for the demolition of the non-historic
buildings which now block the view from Vineyard and Foothill. He said the renovation of the center is
made possible by the acceptance and approval of Fresh & Easy, which they believe will complement the
site. He said the architectural elements will try to complement the winery. He said vines will be added to
the site to tie it in with the winery theme.
Andy Call of Evergreen displayed the renderings. He discussed the product line and stated the food you
can trust, as it's convenient, healthy and affordable. He said the meat is hormone free; do not sell
tobacco products; food has no artificial colors or flavors and no trans fats and preservatives only used
when absolutely necessary.
Jerry Ogburn, from the Planning Center, stated that the book, "North American Industrial Land Use
Classification" references a category called "specialty food store," which is defined as: "establishments
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 11
primarily engaged in retailing specialized items of food." He reviewed the site plan and discussed the
winery theme. He compared the size difference between a supermarket and a specialty food stare. He
referred to the definition he read and said it really means is a niche market. He said there is a gourmet,
specialty inclination to their food. He said their size of store is great for this center, big enough to have an
impact, as a smaller store would be lost in the mix. He referenced an article about a Fresh & Easy store
that stated they are generally smaller than grocery chains with an inventory that is about 10% of what
other stores carry. He said to him that suggests a niche market specialty store. He said the stock
ranges from gourmet-prepared foods to staples, such as milk, bread and vegetables. He said if you
compare a Fresh & Easy to a supermarket, his theory is like comparing a boutique store with a junior
department store. He stated from an economic development standpoint, he likes the fact that it has an
evening peak; it doesn't bring customers to the site when they're not needed; they bring them to extend
the business hour; it's typically the trip home after work. He believe this will help in the cross traffic of
pedestrians. He said regarding the healthy theme, the green design them (LEED certification), they
would like to make this whole center a demonstration project for energy efficiency, designating spaces for
bicycles and walking. He said they also like to hire people from the community who live within a 3-mile
radius of the site.
Bill Shea, owner of Windsor Cottage (a tenant of the Thomas Winery Plaza), said they were very pleased
with the plan, the renovations and the fact that it would generate additional foot traffic. He said the center
currently lacks continuity. He said as a retailer, you can never have enough business, and the presence
of Fresh & Easy just adds more customer contacts for them.
Mayor Kurth opened the meeting for public hearing.
Sandie Smith, resident of Rancho Cucamonga, stated the supports the designation of Fresh 8 Easy as a
specialty food store and at this location.
There being no further input, the public hearing was closed.
Mayor Pro Tem Michael stated he supports the Fresh & Easy market. He said the only issue is whether it
meets the criteria for a specialty food store. He likes what they are doing in the center and what they are
proposing he is excited about. He likes the fact that the tenants are happy. He likes the idea that this is
promoting a "healthy Rancho Cucamonga" and the food products are of a healthy nature; and the idea we
are talking about sustainability in green building.
Councilmember Williams stated we need a meaning for specialty. She said this is certainly not the most
attractive store she has been in, but it is a niche. She said it reminds her of a commissary. She said
there's a lot of impulse shopping and that means something catches your eye. She said it is so plain, and
she would like to see them dress up the inside. She said she would like the center to be revived. She
said she is concerned that they are trying to shape a meaning just so we can get that center revived. She
said the Planning Commission did an excellent job and she completely agrees with their reasoning; she
said she charges them to be extremely diligent in making sure that this building and everything that goes
with it really meets what you say you're going to do. She said she is pleased they are being
environmentally conscious and asked them if they might consider putting in the new pervious parking lot.
Councilmember Gutierrez echoed previous comments. He said he can understand the plainness as it is
typical European/English practicality. He felt there was enough stuff in that store to make it special. The
fact that the environmental qualities they are trying to employ are impressive and are a specialty. He said
there are great businesses in there and this should really help them. He urged them to take care of the
tenants the best they can. He said he believes it is enough to make it worthy of being there; he said they
should make it the best store in California.
Councilmember Spagnolo said he is impressed with the owners and the improvements. He said the
comments about the bleakness of the center in contrast to the supermarket add to the specialty store. He
said the changes are well-deserved for the tenants who have been in there for a long time. He said those
changes will be beneficial to them and that area of the community.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 12
Mayor Kurth stated that the Planning Commission is charged with maintaining our standards. He said
they did a great job in looking at those standards. He said he doesn't think there's any doubt about Fresh
& Easy being a specialty market.
MOTION: Moved by Michael, seconded by Gutierrez to direct staff to bring back a resolution for adoption
at the next meeting agreeing that this is a "specialty food store." Motion carried unanimously 5-0.
12. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
ALLOCATIONS FOR FISCAL YEAR 2008-2009 - DRC 2008-00217 - CITY OF RANCHO CUCAMONGA
- A review of the federally-required Annual Action Plan, which includes the final selection of CDBG
projects, based on a new grant allocation of $1,013,150.
Jack Lam, City Manager, presented the staff report and recommended that Council adopt the Annual
Action Plan authorizing the Mayor to submit the plan to the U.S. Department of Housing and Urban
Development for their consideration.
Mayor Kurth opened the meeting for public hearing. There being no public input, the public hearing was
closed.
MOTION: Moved by Michael, seconded by Spagnolo to approve the CDBG funding allocations for Fiscal
Year 2008-2009. Motion carried unanimously 5-0.
J. CITY MANAGER'S STAFF REPORTS
J1. INTRODUCTION OF THE 2008/2009 SEASON OF PERFORMANCES FOR THE LEWIS
FAMILY PLAYHOUSE AT THE VICTORIA GARDENS CULTURAL CENTER
(Oral Presentation)
Susan Sluka,-Kelly, Community Services Supervisor, presented the PowerPoint Presentation for the
Lewis Family Playhouse, which is on file in the City Clerk's Office.
ACTION: Report received and filed.
J2. REVIEW AND DISCUSSION OF A DRAFT TEMPORARY SIGN ORDINANCE
Jack Lam, City Manager, presented the staff report.
MOTION: Moved by Michael, seconded by Williams to forward the item to the Planning Commission for
consideration; to return to City Council as a formal action item. Motion carried unanimously 5-0.
J3. CONSIDERATION OF SAN BERNARDINO COUNTY PROPERTY TAX VALUATION
TRANSFER ORDINANCE
John Gillison, Deputy City Manager/Admin. Services, presented the staff report.
MOTION: Moved by Michael, seconded by Williams opposing an Ordinance of the County of San
Bernardino. Motion carried 4-0-0-1 (Gutierrez abstained).
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 13
K. COUNCIL BUSINESS
K1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
K2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Williams stated the Governor will be presenting the revised budget on May 15, which will
address the State's budget deficit, and it is expected to include the continued push for State budget
reform. She commented that the estimated deficit is $20 billion, which will trickle down to the cities.
L. IDENTIFICATION OF ITEMS FOR NEXT. MEETING
Councilmember Michael: 1) Consideration to appoint an Ad-Hoc Committee to work with historic
preservation staff; and 2) Recognition of Elmer and Wilma Steeve receiving the Visiting Nurses
Association "2007 Volunteer of the Year Award."
Councilmember Spagnolo: Consideration of registration of abandoned residential property ordinance.
Councilmember Gutierrez: Presentation of a Certificate to Mrs. John C. Hadfield in honor of her late
husband, leader of the LDS Church, who organized volunteer service efforts in the community.
M. RECESS"
The Redevelopment Agency recessed at 11:09 p.m. to Special Closed Session Meeting in the Tapia
Conference Room located at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
N. SPECIAL CLOSED SESSION -REDEVELOPMENT AGENCY
CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, May 7, 2008, in
the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
The meeting was called to order at 11:20 p.m. by Chairman Donald J. Kurth, M. D.
Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams, and
Chairman Donald J. Kurth, M.D.
Also present were: Jack Lam, Executive Director, Pamela Easter, Assistant City Manager; James
Markman, Legal Counsel; and Linda D. Daniels, Redevelopment Director.
......
Redevelopment Agency, Fire Protection District, City Council Minutes
May 7, 2008
Page 14
O. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Chairman Kurth announced the closed session item.
01. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF I-
15 FREEWAY, FOREST CITY DEVELOPMENT CA, INC., & LEWIS INVESTMENT CO., LLC; LINDA D.
DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT -RDA
P. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S~
No one was present to comment on the closed session item.
Q. CONDUCT OF CLOSED SESSION
Closed Session began at 11:20 p.m.
R. CITY MANAGER ANNOUNCEMENTS
S. ADJOURNMENT
The closed session adjourned at 11:58 p.m. with no action taken.
Res ectfully subr~i
Ka hry L. Scott, CMC
Assistant City Clerk
Approved: June 18, 2008