HomeMy WebLinkAbout2009/03/18 - MinutesMarch 18, 2009
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session
on Wednesday, March 18, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center
Drive, Rancho Cucamonga, California. The meeting was called to order at 5:05 p.m. by
Chairman/PresidenUMayor Donald J. Kurth.
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.
Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James
Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D.
Daniels, Redevelopment Agency Director.
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B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Chairman/PresidenUMayor Donald J. Kurth announced the closed session items:
61. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN
GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER,
DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire
B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION.
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE EAST SIDE OF DAY CREEK
BOULEVARD AND SOUTH OF CULTURAL CENTER DRIVE -LINDA D. DANIELS, RDA DIRECTOR,
NEGOTIATING PARTY -RDA
. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION
ITEM S
No one was present to comment on the closed session item.
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D. CONDUCT OF CLOSED SESSION. .
Closed session began at 5:05 p.m.
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E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 2 of 12
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' -F. RECESS ~ '
The closed session adjourned at 6:50 p.m. with no action taken.
G. REGULAR MEETING
CALL TO ORDER - 7:00 P.M. .
COUNCIL CHAMBERS
The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City
Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive,
Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order
at 7:08 p. m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane
Williams, Vice ChairmanNice President/Mayor Pro Tem L. Dennis Michael and
Chairman/President/Mayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Deputy City
Manager/Administrative Services; Linda Daniels, RDA Director; James Troyer, Planning Director; Peter
Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Robert Karatsu, Library
Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services/City
Engineer; Dave Blevins, Public Works Director; Janice Reynolds, City Clerk; Debra McKay, Records
Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Announcement by Congressman David Dreier regarding upcoming Road to Employment Job
Fair
A conference call was placed with Congressman David Dreier, who announced the upcoming Road to
Employment Job Fair.
H2. Presentation of a Proclamation to Vince's Spaghetti Factory for installation of solar panels.
A Proclamation was presented to Buzz Cuccia, owner of Vince's Spaghetti Factory, for the installation
of solar panels.
H3. Presentation of Certificate of Appreciation to the Andrew Winfield Richards Foundation for
Sponsorship of the Armed Forces Banner Program.
A Certificate of Appreciation was presented to Dan, Judy and Kendra Richards in appreciation of their
sponsorship of the Armed Forces Banner Program.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 18, 2009
Page 3 of 12
I. PUBLIC COMMUNICATIONS
11. Todd Corbin from the Cucamonga Valley Water District addressed two ordinances being
considered by the Commission. Ordinance #47 establishes the minimum standards for water use
efficiency. Ordinance #48 outlines a mandatory water shortage contingency plan. He noted that these
ordinances will be considered by the Cucamonga Valley Water District Board on March 24, 2009 at 6
p. m.
12. Kristeen Ramirez from the Cucamonga Valley Water District announced that the District will be
hosting a Water Efficient Landscape Tour on March 28, 2009 at 10 a.m.
13. Barbara Kirmsse from the Alta Loma Educational Foundation announced an upcoming Golf
Tournament on March 24, 2009 at the Upland Hills Country Club. Also, she invited the public to the
Foundation's 5'" Annual Festival of Arts, to be held on April 11, 2009 at Vineyard Jr. High School.
14. Terry Masl spoke in support of campaign reform, requested that this matter be placed on the
Council's agenda in the next two months and asked that he be notified. Mr. Masl spoke in support of
limiting campaign contributions. He also requested that the Council become more involved with the
problems in the County Assessor's office.
15. Linda Ceballos, Environmental Program Manager, indicated that a CD will be mailed to the
residents regarding the Green Street Scene program.
I6. Gadeer Muhammed from the Islamic Center of the Inland Empire spoke about the upcoming
Spring into Health First Annual Health Fair. The event will be held on March 28, 2009 from 11 to 5
p.m.
17. John Lyons asked that the Council recognize April as Autism Month. He spoke in opposition to
Mr. Masl's presentation and applauded Republican efforts to prevent unnecessary spending and
higher taxes.
18. Deloris Faheem announced the upcoming Relay for Life in Rancho Cucamonga. The event will
be held the weekend of May 16 & 17, 2009.
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J. CONSENT CALENDAR- REDEVELOPMENT AGENCY
The following Consent Calendar items are expected to be routine and non-controversial. They
will be acted upon by the Agency at one time without discussion. Any item may be removed
by an Agencymember for discussion.
J1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property)
March 3, 2009 (Special Meeting - RFO for 1,200-acre property)
March 4, 2009 (Regular Meeting)
J2. Approval of Check Register dated February 25 through March 10, 2009, for the total amount of
$294,089.07.
J3. Approval to receive and file current Investment Schedule as of February 28, 2009.
J4. Approval of a Reimbursement Agreement between the City and Sprint Communications
Company L. P. (RA 09-004) in the estimated amount of $656,100.50, and authorize the expenditure of
a 15% contingency in the amount of $98,415.08 for fiber optic cable relocation costs for the foothill
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 4 of 12
Boulevard Widening Project between Grove Avenue and Vineyard Avenue -Bridge Removal Phase,
to be funded from 2001 Public Improvement Tax Allocation Bond Funds, Acct. No. 2650801-
5650/1189650-6314.
J5. Approval of a Purchase and Sale Agreement (PSA) between Bipin P. Tolia and Suchita 8. Tolia,
husband and wife, as Joint Tenants, and the Rancho Cucamonga Redevelopment Agency (RA 09-
005) for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN: 0208-
151-07) in the amount of $750,000 plus a closing cost contingency of $50,000, to be funded from Acct.
No. 2505801-5600.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried 5-0.
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K. CONSENT CALENDAR- FIRE PROTECTION DISTRICT
The following Consent Calendar items are expected to be routine and non-controversial. They
will be acted upon by the Fire Board at one time without discussion. Any item may be removed
by a Boardmember for discussion.
K1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property)
March 3, 2009 (Special Meeting - RFO for 1,200-acre property)
March 4, 2009 (Regular Meeting)
K2. Approval of Check Register dated February 25 through March 10, 2009, for the total amountof
$151,257.58.
K3. Approval to receive and file current Investment Schedule as of February 28, 2009
K4. Approval to appropriate funds from Fire District reserves in the amount of $16,167.00 into Acct.
No. 3281510-5207 to fund the twenty percent (20%) contribution match of $97,000.00 divided between
the five West End agencies and West End Fire and Emergency Response JPA (IPA) for the FY 2007
Assistance to Firefighters Grant Award for the purchase of a mobile apparatus driving simulator.
K5. Approval of an annexation map showing Assessor Parcel Number 1100-051-03 (Norwalk
Boulevard Baptist Church), located on East Avenue, south of Base Line Avenue, proposed to be
annexed into CFD 85-1.
RESOLUTION NO. FD 09-007
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP
(ANNEXATION NO. 09-3) SHOWING PROPERTY PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1
K6. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-
3 (APN: 1100-051-03, Norwalk Boulevard Baptist Church), into Community Facilities.District No. 85-1,
specifying services provided, to set and specify the special taxes to be levied within the annexation
territory and set a time and place for a public hearing related to the annexation.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 18, 2009
Page 5 of 12
RESOLUTION NO. FD 09-008
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO.
09-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1
MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the
staff reports contained within the Consent Calendar. Motion carried 5-0.
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L. CONSENT CALENDAR -CITY COUNCIL
The following Consent Calendar items are expected to be routine and non-controversial. They
will be acted upon by the Council at one time without discussion. Any item may be removed by
a Councilmember for discussion.
L1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property)
March 3, 2009 (Special Meeting - RFO for 1,200-acre property)
March 4, 2009 (Regular Meeting)
L2. Approval of Check Register dated February 25 through March 10, 2009, and payroll ending
March 10, 2009, for the total amount of $5,235,924.69.
L3. Approval to receive and file current Investment Schedule as of February 28, 2009.
L4. Approval to authorize the advertising of the "Notice Inviting Bids' for the Citvwide Concrete
Repair Tree Removal and Tree Planting Annual Maintenance Agreement, to be funded from Acct.
No. 1176303-5300.
RESOLUTION NO. 09-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE
PLANTING ANNUAL MAINTENANCE AGREEMENT" AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L5. Approval to authorize the advertising of the "Notice Inviting Bids' for the Citvwide Traffic Signal
Maintenance, to be funded from Acct. No. 1170303-5300.
RESOLUTION NO. 09-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR "CITYWIDE TRAFFIC SIGNAL MAINTENANCE" AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Ranchc Cucamonoa
Familv Sports Center Gym Floor Resurfacino, to be funded from Acct. No. 2517801-5650/1663517-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 6 of 12
RESOLUTION NO. 09-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR
RESURFACING" AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS
L7. Approval to authorize the advertising of the "Notice Inviting Bids' for the Rancho Cucamonga
Family Sports Center Gvm Wall Painting, to be funded from Acct. No. 2517801-5650/1663517-0.
RESOLUTION NO. 09-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL
PAINTING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Civic Center Planter
and Parking Structure Waterproofing, to be funded from Acct. No. 2624801-5650/1705624-0.
RESOLUTION NO. 09-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR "CIVIC CENTER PLANTER AND PARKING STRUCTURE
WATERPROOFING" AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
L9. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the
Banyan Street Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue,
to be funded from Beautification Funds, Acct. No. 1110316-5650/1614110-0.
RESOLUTION NO. 09-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR THE BANYAN STREET COMMUNITY TRAIL AND PARKWAY
LANDSCAPE FROM HELLMAN AVENUE TO AMETHYST AVENUE IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L10. Approval of a Reimbursement Agreement between the City and the Cucamonga Valley Water
District~(CVWD) in the amount of $145,000 for the installation of a CVWD waterline by the City's
contractor for the Haven Grade Separation Capital Improvement Project.
L11. Approval of a Reimbursement Agreement (SRA-55) for reconstruction of pavement and overlay,
reconstruction of median left turn lanes and traffic signal related improvement in connection with
development of Parcel Map 17818, submitted by Footchester Partners I, LLC, to be funded. from
Transportation Acct. No. 1124303-5650/1026124-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 18, 2009
Page 7 of 12
RESOLUTION NO. 09-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND
OVERLAY, RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND
TRAFFIC SIGNAL RELATED IMPROVEMENTS
L12. Approval of Community Services Update Report.
L13. Approval of a request from the South Coast Air Quality Management District (AQMD) for a
Waiver of Rental Fees for use of the Epicenter Special Event Area on Friday, May 8`h and Saturday,
May 9`", 2009, to conduct their Electric Lawn Mower Exchange Event.
L14. CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION -
DRC2009-00095 -NIDAL SAMAAN - A request to issue a Public Convenience or Necessity
determination for an Alcohol Beverage Control Type 21 off-sale beer, wine, and distilled spirits license
for a convenience mini-market, located on the northeast corner of Milliken Avenue and 4`" Street,
within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue - APN: 0229-341-23.
RESOLUTION NO. 09-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY DRC2009-00095 - NIDAL
SAMAAN - FOR A CONVENIENCE MARKET IN THE INDUSTRIAL PARK
DISTRICT, SUBAREA 12, LOCATED ON THE NORTHEAST CORNER OF
MILLIKEN AVENUE AND 4TH STREET AT 9635 MILLIKEN AVENUE -
APN: 0229-341-23
L15. Approval to authorize an increase to Contract No. 05-071 in the amount of $41,550.00 to
Vanderhawk Consulting, LLC, and authorize the expenditure of a 10% contingency in the amount of
$4,155.00 for the annual update of the City's Pavement Management Program, to be funded from
Fund 1.76 -Measure "I", Acct. No. 1176305-5650/1020176, and appropriate an amount of $45,710.00
to Acct. No. 1176305-5650/1020176 from Measure "I" Fund Balance.
L16. Approval for award and execution of Professional Services Agreement in the amount of
$21,120.00 to Vanderhawk Consulting, LLC, (CO 09-147) and authorize the expenditure of a 10%
contingency in the amount of $2,112.00 to provide technical consultation and research services for
the Inventory Management of all Engineering and Public Works Public Facilities, to be funded from
Fund 016 -Community Development Technical Services, Acct. No. 1016301-5300, and appropriate
an amount of $23,240.00 to Fund 016 (Community Development Technical Services -Acct. No.
1016301-5300) from Community Development technical Services Fund Balance.
L17. Approval and execution of Construction of Improvements and Hold Harmless Agreements (CO
09-148 thru 09-165) between the City of Rancho Cucamonga and homeowners along Foothill
Boulevard and Etiwanda Avenue.
L18. Approval to accept improvements and file a Notice of Completion for improvements located
along Foothill Boulevard 600 feet east of Rochester Avenue, submitted by Patterson Builders.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 8 of 12
RESOLUTION NO. 09-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
LOCATED ALONG FOOTHILL BOULEVARD 600 FEET EAST OF
ROCHESTER AVENUE AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
L19 Approval to release Maintenance Guarantee Bond in the amount of $11,294.00 for the
Archibald Avenue Community Trail from Banyan to Wilson Project, Contract No. 07-218.
L20. Approval to accept the Landscape Improvements of the MWD Parkway at the southeast corner
of Bluegrass and Wilson Avenues, Contract No. 08-006 as complete, retain the Faithful Performance
Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a
Notice of Completion and approve the final contract amount of $690,808.40.
RESOLUTION NO. 09-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE
IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST
CORNER OF BLUEGRASS AND WILSON AVENUES, CONTRACT NO. 08-
006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
L21. Approval to accept the Highland Avenue and Fairmont Way Street and Landscape
Improvements from San Benito to Kenyon Way, Contract No. 08-034 as complete, retain the Faithful
performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City
Engineer to file a Notice of Completion and approve the final contract amount of $552,305.64.
RESOLUTION NO. 09-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE AND
FAIRMONT WAY STREET AND LANDSCAPE IMPROVEMENTS FROM
SAN BENITO TO KENYON WAY, CONTRACT NO. 08-034 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
L22. Approval to accept the 19`" Street Parkway Landscape improvements and Sapphire Street
Parkway Landscape improvements, Contract No. OS-073 as complete, retain the Faithful
Pertormance Bond as a Guarantee bond, release the Labor and Material Bond, authorize the City
Engineer to file a Notice of Completion and approve the final contract amount of $200,006.00.
RESOLUTION NO. 09-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE 19T" STREET PARKWAY
LANDSCAPE IMPROVEMENTS AND SAPPHIRE STREET PARKWAY
LANDSCAPE IMPROVEMENTS, CONTRACT NO. 08-073 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
MOTION: Mdved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff
reports for the remaining items. Motion carried 5-0.
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Redevelopment Agency, Fire Protection District, City Council Minutes
March 18, 2009
Page 9 of 12
M. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time of first reading. Second
readings are expected to be routine and non-controversial. The Agency, Fire Board, or
Council will act upon them at one time without discussion. The City Clerk will read the title.
Any item can be removed for discussion by an Agencymember, Boardmember, or
Councilmember.
M1.
- DRC2008-00295 -CITYWIDE - An Ordinance to adopt regulations pertaining to the
maintenance and security of vacant and abandoned residential, commercial and industrial
properties and amending Title 8 of the Municipal Code. It is not anticipated that the project will
have any significant impacts on the environment and therefore, the project is not subject to
further review pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3).
Staff has prepared a Notice of Exemption for consideration.
ORDINANCE NO. 810 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PERTAINING
TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND
AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
MOTION: Moved by Michael, seconded by Spagnolo, to adopt Ordinance No. 810 for second reading.
Motion carried 5-0.
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N. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
The following items have been advertised andlor posted as public hearings as required by law.
The Mayor will open the meeting to receive public testimony.
N1. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT-
DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building
separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to
8 feet for two-story buildings within the Medium-High Residential Development District (14-24 d/u per
acre) of the Terra Vista Community Plan. Related files: Tentative Tract Map SUBTT18710,
DevelopmenUDesign Review DRC2008-00306 and Variance DRC2008-00762: Staff has prepared a
Mitigated Negative Declaration of Environmental Impacts for consideration. (PowerPoint
Presentation)
ORDINANCE NO. 811 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY
PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE
FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET
AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM
15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 10 of 12
SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY
RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE
TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT
THEREOF
Tabe Van der Zwaag, Associate Planner, presented the staff report.
In response to Mayor Kurth, Tabe Van der Zwaag noted that if any other developer wished to copy these
regulations, they would have to request permission to do so. He outlined the boundaries of the Terra
Vista development in response to Councilmember Gutierrez.
Mr. Van der Zwaag confirmed to Mayor Pro Tem Michael that the Planning Commission had reviewed
this request and unanimously approved it. Mayor Pro Tem Michael pointed out that this amendment
allows flexibility in the housing types and sizes.
A representative from Lewis Operating Group gave a PowerPoint presentation about the project.
Mayor Kurth opened the public hearing. Addressing the City Council was:
John Lyons noted that this community was well designed and commended Lewis Operating Group.
Mayor Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Spagnolo, to waive full reading and set second reading of
Ordinance No. 811 for the April 1, 2009 meeting. Motion carried 5-0.
O. CITY MANAGER'S STAFF REPORTS '
The following items have no legal publication or posting requirements.
01. REPORT ON THE DRAFT CHINO BASIN WATER EFFICIENT LANDSCAPE ORDINANCE
James Troyer, Planning Director presented the staff report
Katie Parker, President of the Board of Directors for the Chino Basin Water Conservation District, spoke
in support of the draft Ordinance.
Councilmember Williams spoke regarding existing projects that do not have water efficient landscaping
and inquired if existing properties could be regulated. She indicated that the City should adopt
regulations as soon as possible.
In response to Councilmember Spagnolo, discussion was held regarding what improvements to
residential properties would trigger the regulations. Mayor Pro Tem Michael stated that the Ordinance
was created to ensure compliance with State law and noted that there would be an educational
component as well. He noted the desire to create an Ordinance which would be the same in every city
so that there was a consistent standard. He suggested that we press forward and adopt the Ordinance
once we know what the other communities are doing.
02. CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS
Redevelopment Agency, Fire Protection District, City Council Minutes
March 18, 2009
Page 11 of 12
ORDINANCE NO. 812 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING TECHNICAL CHANGES TO THE
CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE
Dan James, Senior Civil Engineer, presented the staff report
In response to Councilmember Gutierrez, Mr. James noted that the intent of the Ordinance was to
protect the public. Mr. Lam indicated to Councilmember Williams that the racks could not be chained to
light poles. Mr. Markman commented that the regulations relate to the placement of newspaper racks in
the public right of way. News racks placed in other locations need the property owner's permission.
Dave Blevins, Public Works Director, stated that the field staff would be trained to identify non-
conforming news racks so that they can be referred to Code Enforcement. In response to
Councilmember Gutierrez, Mr. Markman addressed adult-oriented material and indicated that this very
comprehensive Ordinance is currently in place. The amendment is needed to remove the permit
process, which is expected to assist in ensuring compliance.
MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading and set second reading of
Ordinance No. 812 for the April 1, 2009 meeting. Motion carried 5-0.
P. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion
P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo referenced the recent foreclosure workshop and expressed a concern with
individuals taking advantage of the misfortunes of others. He cautioned against using the services of
"The Firm", a Rancho Cucamonga business which allegedly assists with mortgage refinancing.
Councilmember Gutierrez noted last week's Little League opening ceremonies and the groundbreaking
ceremonies for the Church of Jesus Christ of Latter-day Saints. It was a pleasure attending these
events. He congratulated the Library on a very successful telethon and spoke about the future
placement of a trail above Etiwanda Avenue at the North Etiwanda Preserve.
Mayor Pro Tem Michael was proud of the number and types of events planned by the City, including the
business survival and foreclosure workshops. He encouraged everyone to obtain their passport as the
June travel initiatives require them for land and sea travel. Mayor Pro Tem Michael commended the
riding center at Heritage Park.
Councilmember Williams commended the telethon for raising $90,000 and indicated that donations could
still be made. She thanked the Gilfry family for all of their support.
Mayor Kurth thanked the Council for assisting him in attending the many ceremonial events. He noted
that the State needs to identify possible sources of water and not just focus on conservation. The Mayor
noted the recent sale of the Quakes and looked forward to working with the new owners. He spoke
regarding a recent meeting with Congresswoman Mary Bono and indicated that she has pledged to be a
strong advocate on the prevention and treatment of substance abuse and addiction.
Redevelopment Agency, Fire Protection District, City Council Minutes
December 17, 2008
Page 12 of 12
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
In response to Councilmember Gutierrez, the City Manager noted that an update on the Red Hill traffic
issue would be presented on April 15, 2009.
......
R. ADJOURNMENT
Mayor Kurth adjourned the meeting at 9:32 p.m. The meeting was adjourned to March 23, 2009,
at 6:00 p.m.
Res ectfully submitted,
L ~ l~
Deb a L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: April 1, 2009