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HomeMy WebLinkAbout2016/06/15 - Agenda Packet . . . INFORMATION FOR THE PUBLIC TO ADDRESS THE FIRE BOARD, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA BACK-UP MATERIALS LIVE BROADCAST www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Successor Agency, Public Financing Authority and City Council. Copies of the agendas and minutes can be found @ www.cityofrc.us Please silence all cellular phones while the meeting is in session. F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITYAND 1 C ITY C OUNCIL A GENDA J UNE 15,2016 A.5:00 P.M.–C LOSED S ESSION C ALL TO O RDER–T APIA C ONFERENCE R OOM A1.Roll Call:Mayor Michael Mayor Pro Tem Spagnolo CouncilMembers Alexander, Kennedyand Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B.A NNOUNCEMENT OF C LOSED S ESSION I TEM(S) C.P UBLIC C OMMUNICATIONS ON C LOSED S ESSION I TEM(S) D.C ITY M ANAGER A NNOUNCEMENTS (N O D ISCUSSION OR A CTION W ILL O CCUR) E.C ONDUCT OF C LOSED S ESSION–T APIA C ONFERENCE R OOM E1.CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) –SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUEV. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632 –CITY E2. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION TEAMSTERS LOCAL 1932AND RANCHO CUCAMONGACITY EMPLOYEES ASSOCIATION. –CITY E3. CONFERENCE WITH REALPROPERTY NEGOTIATORSPER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CANDYCE BURNETT, PLANNING DIRECTOR REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SANBAG, AND MICHAEL DIEDEN REPRESENTING ENCORE AT RANCHO, LLC; REGARDING PRICE AND TERMS. –CITY F.R ECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY ANDCITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITYAND 2 C ITY C OUNCIL A GENDA J UNE 15,2016 G.R EGULAR M EETING C ALL TO O RDER–7:00 P.M. C OUNCIL C HAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCYAND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1.Pledge of Allegiance G2.Roll Call:Mayor Michael Mayor Pro Tem Spagnolo CouncilMembersAlexander, Kennedyand Williams H.A NNOUNCEMENTS/P RESENTATIONS I.P UBLIC C OMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board, Successor Agencyand City Council on any item listed or not listedon the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board, Successor Agencyand City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board, Successor Agencyand City Council may receive testimony and set the matter for a subsequent meeting. Comments are to belimited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board, Successor Agencyor City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptiveto the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITY AND 3 C ITY C OUNCIL A GENDA J UNE 15,2016 C ONSENT C ALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J.C ONSENT C ALENDAR –F IRE P ROTECTION D ISTRICT --- J1.Consideration to approve Minutes of:June 1, 2016(Regular Meeting)--- J2.Consideration to approve Check Register dated May 25, 2016through June 07, 2016and 1 Electronic Debit Register for the month of May 2016for the total of $661,061.53. 13 J3.Consideration to receive and file current Investment Schedule as of May 31, 2016 J4.Consideration to approveaResolution declaring results of a special election in Community 21 Facilities District No. 85-1, Annexation No. 16-1 and ordering the Annexation of such property located at 6723 Etiwanda Ave, in Community Facilities District No. 85-1 (APN: 0227-061-03 –Cross and Crown Lutheran Church, Owner and APN: 0227-061-82 – Storm Western Development, Inc., Owner). 22 RESOLUTION NO. FD16-015 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 THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO.16-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K.C ONSENT C ALENDAR –S UCCESSOR A GENCY --- K1. Consideration to approve Minutes of: June 1, 2016(Regular Meeting) L.C ONSENT C ALENDAR –P UBLIC F INANCING A UTHORITY L1.Consideration to approve Minutes of:June 1, 2016(Regular Meeting) --- M.C ONSENT C ALENDAR –C ITY C OUNCIL --- M1.Consideration to approve Minutes of:June 1, 2016(Regular Meeting) M2.Consideration toapprove Check Registerand payrolldated May 25, 2016through June 07, 26 2016andElectronic Debit Register for the month of May 2016for the total of $7,131,249.54. M3. Consideration to receive and file current Investment Schedule as of May 31, 2016 38 F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITYAND 4 C ITY C OUNCIL A GENDA J UNE 15,2016 M4.Consideration to approvea determination of Public Convenience or Necessity (PCN) for the 50 establishment of alcoholic beverage sales and tasting (Type 21 & Type 86) within a gourmet food market (HK2 Food District) inside Haven City Market located in theIndustrial Park (IP) District and Industrial Commercial Overlay District (ICOD) on the east side of Haven Avenue, north of Arrow Route, located at 8443 Haven Avenue. RESOLUTION NO. 16-063 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY(DRC2016-00402) FOR THE ESTABLISHMENT OFALCOHOLIC BEVERAGE SALES AND TASTING (TYPE 21 OFF-SALE GENERAL& TYPE 86 INSTRUCTIONAL TASTING) WITHIN A GOURMET FOOD MARKET (HK2 FOOD DISTRICT) INSIDE HAVEN CITYMARKET IN THE INDUSTRIAL PARK (IP)DISTRICT AND INDUSTRIAL COMMERCIAL OVERLAY DISTRICT (ICOD) ON THE EAST SIDE OF HAVEN AVENUE, NORTH OF ARROW ROUTE, LOCATED AT 8443 HAVEN AVENUE–APN: 0208-622-27. M5.Consideration to approvea Public Convenience or Necessity (PCN) determination for 63 alcoholic beverage sales for off-site consumption (type-20 off-sale beer and wine) for a grocery store (Aldi) located in the Community Commercial (CC) zoning district of the Terra Vista Community Plan at 10770 Foothill Boulevard –APN: 1077-422-72. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption –Existing Facilities). RESOLUTION NO. 16-064 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (DRC2016-00360) FOR THE ESTABLISHMENT OFALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION (TYPE-20 OFF-SALE BEER AND WINE) AT A GROCERY STORE (ALDI) LOCATED IN THECOMMUNITY COMMERCIAL (CC) ZONING DISTRICT OF THE TERRA VISTA COMMUNITY PLAN AT 10770 FOOTHILL BOULEVARD-APN: 1077- 422-72. M6.Consideration to approve plans and specifications for the “Animal Care and Adoption Center 78 Makeover Project” and authorize the City Clerk to advertise the “Notice Inviting Bids”, to be funded from account: 1025001-5650/1920025-0 (Capital Reserve). RESOLUTION NO. 16-065 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE “ANIMAL CARE AND ADOPTION CENTER MAKEOVER PROJECT” IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M7.Consideration to approve amendments renewing contracts CO 02-018 (Amendment 005) 84 and CO 09-125 (Amendment 004) with LandCare including a 4% fee increase and consistent with the original competitive bid processes, effective July 1, 2016 through June 30, 2017 for the maintenance of City landscape sites, contingent on the adopted budget for FY 2016- 2017, in an amount not to exceed $755,535 ($153,175 for CO 02-018 and $602,630 for CO F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITYAND 5 C ITY C OUNCIL A GENDA J UNE 15,2016 09-125), to be funded from General Fund accounts 1001318-5300 (Street Maintenance) and 1001319-5300 (Park Maintenance) and Landscape Maintenance District Accounts 1136303- 5300 (Caryn Community), 1137303-5300 (North Etiwanda), 1138303-5300 (South Etiwanda), 1139303-5300 (Lower Etiwanda) and 1140303-5300 (Rancho Etiwanda). M8.Considerationtoaccept the bids received, award and authorize the execution of a contract 85 for the complete maintenance of parks located in Landscape Maintenance District 1 (LMD 1) at Service Level “C” to the most responsive, responsible bidder, BrightView Landscape Services, in response to “Request for Proposal (RFP) 15/16-123”, effective July 1, 2016 through June 30, 2017, in the amount of $218,330 from account 1130303-5300 (LMD-1) contingent on the approval of the FY 2016-2017 budget, in accordance with the Public Works Services Department Park Maintenance budget line 5300 and to renew said contract upon mutual consent of City and Contractor for additional one (1) year periods up to a total of seven (7) years ending June 30, 2023. M9.Consideration to approve Amendment No. 006 renewing contract CO 2012-009 with 87 BrightView Landscape Services, Inc. (Formerly ValleyCrest Landscape Maintenance) of Fontana, CA, with a 2.5% rate increase and consistent with the original competitive bid process, effective July 1, 2016 through June 30, 2017 for the maintenance of landscape and irrigation within Landscape Maintenance Districts 1, 2, 4R and 5, contingent on the adopted budget for FY 2016-2017 in an amount not to exceed $1,890,790 to be funded from 1130303- 5300 (Landscape Maintenance District No. 1), 1131303-5300 (Landscape Maintenance District No. 2), 1134303-5300 (Landscape Maintenance District No. 4R), and 1135303-5300 (Landscape Maintenance District No. 5). M10.Consideration of approval to release a Maintenance Guarantee Bond for Street and Storm 88 Drain for Tract16324, located at the northend of Wardman Bullock Road, submitted by Meritage Homes of California, Inc. M11.Consideration of approval of a correction to the amended Fiscal Year 2015/16 90 Appropriations related to the Haven Avenue Grade Separation Capital Improvement Project. M12.Consideration to accept theRed Hill Park Lake Modernization Project, Contract No. 15-248 91 as complete, release the Bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve thebalancing statement andfinal contract amount of $357,277.54. RESOLUTION NO. 16-066 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE RED HILL PARK LAKE MODERNIZATION PROJECT,CONTRACT NO. 15-248, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M13.Consideration to accept the bids received and award and authorize the execution of the 95 contract for the Base Bid and Additive Bid 1 item 1, in the amount of $490,197.30, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $49,019.73, for the Spruce Avenue Pavement Rehabilitation Project from Foothill Boulevard to Base Line Road to be funded fromCitywide Infrastructure Improvement and LMD-4RFunds, Account Nos. 1198303-5650/1878198-0 and 1134303- 5300/0-6959 respectively. M14.Consideration to accept the bids received and award and authorize the execution of the 97 contract in the amount of $535,486.50, to the lowest responsive bidder, RSB Group Inc., and authorize the expenditure of a 10% contingency in the amount of $53,548.65, for the Pacific Electric Trail Drainage and Slope Erosion Improvements at Six Locations Project to be F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITY AND 6 C ITY C OUNCIL A GENDA J UNE 15,2016 funded from Citywide Infrastructure Improvement Funds, Account Nos. 1198303- 5650/1874198-0, 1198303-5650/1901198-0, 1198303-5650/1912198-0, 1198303- 5650/1827198-0, 1198303-5650/1936198-0, and 1198303-5650/1937198-0 and appropriate $28,500.00 to Account No. 1198303-5650/1827198-0, $14,000.00 to Account No. 1198303- 5650/1936198-0 and $41,000.00 to Account No. 1198303-5650/1937198-0 from Citywide Infrastructure Fund balance. M15.Consideration of approval to release a Maintenance Guarantee Bond for PM18794, located 100 at north side of 7th street, 640’ west of Hellman Avenue, submitted by DCT 8th & Vineyard, LLC. M16.Consideration to reject all the bids received as non-responsive to the needs of the City, for 102 the Traffic Signal Installations at Carnelian Street at Banyan Street and Sixth Street at Utica Avenue, Left Turn Modifications at 3 intersections along Milliken Avenue, and Retroreflective Street Name Signs at 3 locations Project. M17.Consideration of approval of the Purchase and Sale Agreement between the City of Rancho 104 Cucamonga and Southern California Edison (SCE) for the acquisition of 15,299 SCE owned streetlights at a price not to exceed $9,660,284 and authorizing the City Manager to sign the agreement. M18.Consideration to approve the execution ofan Exclusive Negotiating Agreement (ENA)between 144 the City Of Rancho Cucamonga, San Bernardino County Transportation Commission and Creative Housing Associates, LLC for property generally located onthe northwest corner of Azusa Court and Milliken Avenue. M19. Consideration to approveanAmendment to contract no.16-024 with Intelesysone, Inc. 158 N.A DVERTISED P UBLIC H EARINGS-C ITY C OUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. Consideration to approve aproposed General Plan Amendment to 1) to change the land use 160 designations of multiple parcels within the City, generally located along Foothill Boulevard near the intersections of East Avenue, Etiwanda Avenue, Haven Avenue, and Vineyard Avenue, and near the southeast corner of the intersection of Etiwanda Avenue andCandlewood Street, from their existing designations of General Commercial, Industrial Park, or Office (depending on the parcel) to Mixed Use; 2) to revise Tables LU-1, delete Tables LU-3 through LU-8, and LU-10 through LU-14 of the General Plan that describe the uses and development ranges permitted within each area designated for Mixed Use development and to correct numbering of Table LU-9; 3) revise Tables LU-15 through LU-18 that summarize and describe the build-out capacity for each land use classification throughout the City; 4) revise Figures LU-2 and LU-3 of the General Plan that identify the (existing and added) locations of the parcels that are designated for Mixed Use development; 5) revise text associated with these tables and figures; and 6) to correct any typographical errors and omissions within the existing text associated with these tables andfigures; APNs: 0207-211- 05, 0207-211-42 through -46, 0208-353-01 through -03, 1100-031-06, -07; 1100-041-01 through -03, 1090-601-04, -06 through -08, 1090-601-20 and -21, 1100-161-01 through -03, 0229-311-14 and -15, 1100-191-04, and 1100-201-03, -04, -06, and -07. Staff has prepared a Negative Declaration of environmental impacts for consideration. F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITYAND 7 C ITY C OUNCIL A GENDA J UNE 15,2016 RESOLUTION NO. 16-067 276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2015-00887TO1) TO CHANGE THE LAND USE DESIGNATIONS OF MULTIPLE PARCELS WITHIN THE CITY, GENERALLY LOCATED ALONG FOOTHILL BOULEVARD NEAR THE INTERSECTIONS OF EAST AVENUE, ETIWANDA AVENUE, HAVEN AVENUE, AND VINEYARD AVENUE, AND NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF ETIWANDA AVENUE ANDCANDLEWOOD STREET, FROM THEIR EXISTING DESIGNATIONS OF GENERAL COMMERCIAL, INDUSTRIAL PARK, OR OFFICE (DEPENDING ON THE PARCEL) TO MIXED USE; 2) TO REVISE TABLES LU-1, DELETE TABLES LU-3 THROUGH LU-8, AND LU-10 THROUGH LU-14 OFTHE GENERAL PLAN THAT DESCRIBE THE USES AND DEVELOPMENT RANGES PERMITTED WITHIN EACH AREA DESIGNATED FOR MIXED USE DEVELOPMENT AND TO CORRECT NUMBERING OF TABLE LU-9; 3) REVISE TABLES LU-15 THROUGH LU-18 THAT SUMMARIZE AND DESCRIBE THE BUILD- OUT CAPACITY FOR EACH LAND USE CLASSIFICATION THROUGHOUT THE CITY; 4) REVISE FIGURES LU-2 AND LU-3 OF THE GENERAL PLAN THAT IDENTIFY THE (EXISTING AND ADDED) LOCATIONS OF THE PARCELS THAT ARE DESIGNATED FOR MIXED USE DEVELOPMENT; 5) REVISE TEXT ASSOCIATED WITH THESE TABLES AND FIGURES; AND 6) TO CORRECT ANY TYPOGRAPHICAL ERRORS AND OMISSIONS WITHIN THE EXISTING TEXT ASSOCIATED WITH THESE TABLES AND FIGURES; APNS: 0207-211- 05, 0207-211-42 THROUGH -46, 0208-353-01 THROUGH -03, 1100-031- 06, -07; 1100-041-01 THROUGH -03, 1090-601-04, -06 THROUGH -08, 1090-601-20 AND -21, 1100-161-01 THROUGH -03, 0229-311-14 AND - 15, 1100-191-04, AND 1100-201-03, -04, -06, AND -07. STAFF HAS PREPARED A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR CONSIDERATION. N2. Consideration to approve anamendment to Development Code Section 17.36.020 A and B, 281 Figure 17.36.020.1 and Table 17.36.020-1, to add the proposed site to the Development Standards for Mixed Use Zoning Districts along with Figure 17.38.060-1 and Figure 17.38.060-15 for consistency with the proposed Zoning Map Amendment DRC2014-01131 amending the zoning designation of the site from Community Commercial (CC) to Mixed Use (MU) for the development of a proposed 190-unit, multi-family residential development with 3,246 squarefeet of commercial space or live/work units for a site located on 8.8 acres of land within the Community Commercial (CC) Zoning District at the northwest corner of Foothill Boulevard and East Avenue; APN’s: 1100-201-03, 04 and 07. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. 462 ORDINANCE NO. 890 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT DRC2014-01132 TO AMEND DEVELOPMENT CODE SECTION 17.36.020 A AND B, FIGURE 17.36.020-1 AND TABLE F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITY AND 8 C ITY C OUNCIL A GENDA J UNE 15,2016 17.36.020-1, TO ADD THE PROPOSED SITE TO THE DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS ALONG WITH FIGURE 17.38.060-1 AND FIGURE 17.38.060-15 FOR CONSISTENCY WITH THE PROPOSED ZONING MAP AMENDMENT DRC2014-01131 AMENDING THE ZONING DESIGNATION OF THE SITE FROM COMMUNITY COMMERCIAL (CC) TO MIXED USE (MU) FOR THE DEVELOPMENT OF A PROPOSED 190-UNIT, MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH 3,246 SQUARE FEET OF COMMERCIAL SPACE OR LIVE WORK UNITS FOR A SITE LOCATED ON 8.8 ACRES OF LAND WITHIN THE COMMUNITY COMMERCIAL (CC)ZONING DISTRICT AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE; APN’S: 1100-201-03, 04 AND 07. N3. Consideration to approve achange of the zoning designation for 8.8 acres of land from Community Commercial (CC) to Mixed Use (MU) related to the development of a 190-unit, multi-family residential development with 3,246 square feet of commercial space or live/work units on a project site within the Community Commercial (CC) Zoning District at the northwest corner of Foothill Boulevard and East Avenue; APNs: 1100-201-03, 04 and 07. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 891 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT DRC2014-01131 TO CHANGE THE ZONING DESIGNATION FOR 8.8 ACRES OF LAND FROM COMMUNITY COMMERCIAL (CC) TO MIXED USE (MU) RELATED TO THEDEVELOPMENT OF A 190-UNIT, MULTI- FAMILY RESIDENTIAL DEVELOPMENT WITH 3,246 SQUARE FEET OF COMMERCIAL SPACE OR LIVE/WORK UNITS ON A PROJECT SITE WITHIN THE COMMUNITY COMMERCIAL (CC) ZONING DISTRICT AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE; APNS: 1100-201-03, 04 AND 07 O.C ITY M ANAGER’S S TAFF R EPORTS C ITY C OUNCIL/F IRE The following items have no legal publication or posting requirements. O1. Consideration to approve agreement between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc. for integrated solid waste management services. P.C OUNCIL B USINESS The following items have been requested by the City Council for discussion. --- P1.INTER-AGENCY UPDATES (Update by the City Councilto the community on the meetings that were attended.) P2. COUNCIL ANNOUNCEMENTS(Comments to be limited to three minutes per Council --- Member.) F IRE P ROTECTION D ISTRICT,S UCCESSOR A GENCY, P UBLIC F INANCING A UTHORITYAND 9 C ITY C OUNCIL A GENDA J UNE 15,2016 Q.I DENTIFICATION OF I TEMS FOR N EXT M EETING R.A DJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on June 9, 2016, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California, and on the City’s website. _______________________________ Linda A. Troyan, MMC City Clerk Services Director City of Rancho Cucamonga June 1, 2016 CITY OF RANCHO CUCAMONGA CLOSED SESSION,FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES A.5:00P.M.–C LOSED S ESSION C ALL TO O RDER–T APIA C ONFERENCE R OOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, June 1, 2016 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michaelcalled the meeting to order at 5:00p.m. Present wereCouncil Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were:John Gillison, City Manager; James L. Markman, City Attorney; Linda Daniels, Assistant City Manager; LoriSassoon, Deputy City Manager/Administrative Services; and Jeff Bloom, Deputy City Manager/Economic and Community Development. B.A NNOUNCEMENT OF C LOSED S ESSION I TEM(S) C.P UBLIC C OMMUNICATIONS ON C LOSED S ESSION I TEM(S) No public communicationswere made. D.C ITY M ANAGER A NNOUNCEMENTS No discussion or actions were taken. E.C ONDUCT OF C LOSED S ESSION –T APIA C ONFERENCE R OOM E1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) – SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632 – CITY E2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION TEAMSTERS LOCAL 1932 AND RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION. – CITY F.R ECESS The closed session recessed at 6:40 p.m. G.R EGULAR M EETING –7:00 P.M. C ALL TO O RDER–C OUNCIL C HAMBERS The regular meetings of the Rancho Cucamonga Fire Protection District, Successor Agency,Public Financing Authority, and the City of Rancho Cucamonga City Council on June 1, 2016 in the Council Chambers at City Hall, located at 10500 Civic Center Drive,Rancho Cucamonga, California. Mayor L. Dennis Michaelcalled the meeting to order at 7:00 p.m. Present wereCouncil Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo andMayor L. Dennis Michael. Also present were:John Gillison, City Manager; Linda Daniels, Assistant City Manager; James L. Markman, City Attorney; Linda A. Troyan, City ClerkServices Director and Shirr’l Griffin,Office Specialist II. Council Member Williamsledthe Pledge of Allegiance. H.A NNOUNCEMENTS/P RESENTATIONS Presentation of a Certificate of Sympathy to Julie Anne Whitney’s family. Mayor Michael announced that tonight’s City Council Meeting would be adjournedin memory of Julie Anne Whitney, a valued member of the CityofRC family.Before the Mayor and City Council presented the family with a Certificate of Sympathy, the Mayor readthe following:It is with saddened hearts we will be adjourning tonight’s meeting inmemory of Julie Anne Whitney. Julie served the City of Rancho Cucamonga for 10 years as Office Specialist I and Receptionist in the City Manager’s Office. She was an integral part of getting the Animal Center up and running. Also, Julie was the President of the Employee Activity Committee(EAC)where she brought her wonderful ideas to life.Julie garnered many praises from Staff and citizens over the years and will truly be missed. Our hearts and prayers go out to the Whitney family during this trying time. Family members in attendance were: Husband, Tom Whitney; son, Steve Whitney, daughter, Kay Swartz; son-in- law, Chet Swartzand grandson, Jake Swartz. H1. Recognition of Healthy RC Youth Leader Annika Kim as a Community Health All-Star by the Dairy Council of California Alyson Foote, Community Nutrition Advisorwith theDairy Council of California,along with Mayor Michael and Members of the City Council, presentedthe 2016 Student Community Health All-Star Award from the Dairy Council of California toAnnika Kim, Healthy RC Youth Leader. I.P UBLIC C OMMUNICATIONS I1.Janet Walton notedMemorial Day, honored military service personnel and offered a prayer for the community. I2. Carol Wilson spoke about maintainingsouth Highland Avenue medians. I3. John Lyons expressed thoughts on the upcoming elections. PUBLIC COMMENT: Speakers in support of CW Feed: I4.Justin Martinez I5. Anita Eble I6.Carol Klusmann I7.Wendy Pitts I8.Curtis Pitts I9.Paul Chabot I10.David Phillips I11.Carolyn Gonzales I12.Marlene Breen I13.Kathy Ponce I14.Tressy Capps I15.Judith Neal I16. Susan Keithly City Attorney Markman responded to public comments made regardingCW Feed’sinspection report by summarizingviolationsand respective corrections. C ONSENT C ALENDARS J.C ONSENT C ALENDAR –F IRE P ROTECTION D ISTRICT J1.Consideration to approve Minutes of:May 18, 2016 (Regular Meeting) J2.Consideration toapprove Check Register and payroll dated May 11, 2016 through May 24, 2016 for the total of $435,288.15. J3.Consideration to approve the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire Protection (Cal Fire) and approve Resolution No. FD 16-014. RESOLUTION NO FD16-014 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING RESOLUTION FD 16-014 AUTHORIZING THE DISTRICT TO MAINTAIN THE LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (Cal FIRE) MOTION:Moved byVice-President Spagnolo, seconded byBoard MemberWilliams, to approve Consent Calendar Items J1. through J3.Motion carried unanimously, 5-0. K.C ONSENT C ALENDAR –S UCCESSOR A GENCY K1. Consideration to approve Minutes of: May 18, 2016 (Regular Meeting) MOTION:Moved byAgencyMemberKennedy, seconded by AgencyVice-ChairSpagnolo, to approve Consent Calendar ItemK1.Motion carried unanimously, 5-0. L.C ONSENT C ALENDAR –P UBLIC F INANCING A UTHORITY l1.Consideration to approve Minutes of: May 18, 2016 (Regular Meeting) MOTION:Moved byAuthorityMemberWilliams, seconded by AuthorityMemberKennedy, to approve Consent Calendar Item l1.Motion carried unanimously, 5-0. M.C ONSENT C ALENDAR –C ITY C OUNCIL M1.Consideration to approve Minutes of:May 18, 2016 (Regular Meeting) M2.Consideration to approve Check Register and payroll dated May 11, 2016 through May 24, 2016 for the total of $4,421,571.45. M3. Consideration of approval to release a Maintenance Guarantee Bond for Tract 18804, located at the southwest corner of Archibald Avenue and 6th Street, submitted by Beazer Homes Holdings Corp. M4.Consideration to approve Amendment No. 004 to renew contract CO 08-162 with United Pacific Service, Inc. (UPS) of South Gate, California, with no fee increase and consistent with the original competitive bid process for Citywide Tree Maintenance services effective July 1, 2016 through June 30, 2017, contingent upon the adopted budget for FY 2016-2017 in an annual amount not to exceed $970,000, to be funded from various City and Landscape Maintenance District accounts; authorize the City Manager or his/her designee to adjust the level of service of said contract in the future on an as needed basis, in accordance with the approved Public Works Department tree maintenance budget lines 5300 and 5310. M5. Consideration to approve a light variance requested for Minors, Majors, Juniors and Senior Divisions Tournament hosted by District 71 Little League during June 11 – July 30, 2016, at Heritage, Day Creek, Epicenter and Red Hill Community Parks. M6. Consideration of approval to release a Maintenance Guarantee Bond for TR 16320 located at Rocky Mountain Court, north of Woodbridge Drive, submitted by FH, II, LLC. M7.Consideration to approve a Resolution of the City Councilof the City of Rancho Cucamonga, California, adopting the amended Measure "I" Five-Year Capital Improvement Program for the expenditure of Measure “I” Funds covering Fiscal Years 2015/2016 to 2019/2020. RESOLUTION NO. 16-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED MEASURE “I” FIVE- YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2015/2016 TO 2019/2020 FOR THE EXPENDITURE OF MEASURE "I" FUNDS M8.Consideration to approve and authorize an increase to Professional Services Agreement (CO#12-078) in the amount of $30,000.00 to Applied Metering Technologies, Inc. for installation, configuration and meter reading services within the Rancho Cucamonga Municipal Utility service area to be fundedby Rancho Cucamonga Municipal Utility Account No. 1705303-5309 and to approve an appropriation in the amount of $30,000.00 to Account No. 1705303-5309 from Rancho Cucamonga Municipal Utility Fund Balance. M9. Consideration to approve Amendment No. 001renewing the Professional Services Agreement in the amount of $74,997 with VanderHawk Consulting LLC (CO 14-249), for the City’s Asset Management Program Support for FY 2016/2017, to be funded from Fund 174, Gas Tax R&T7360, Account No. 1174303-5300, Fund 170, Gas Tax 2105/Prop 111, Account No. 1170303-5300, Fund 177, Measure I, Account No. 1177303-5300, and Fund 112, General City Drainage, Account No. 1112303-5300. M10. Consideration to refund $28,312 of Transportation Development Impact fees to Oakmont Industrial Group for Traffic Signal infrastructure constructed in conjunction with the development of a 161,000 square foot industrial building located at 9189 Utica Avenue (DRC2014-01048; APN: 0209-411-36). M11.Consideration to approve Resolution pertaining to the November 8, 2016 General Municipal Election. RESOLUTION NO. 16-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL LAW CITIES RESOLUTION NO. 16-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO THE PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATE STATEMENT FOR THE NOVEMBER 8, 2016 ELECTION. RESOLUTION NO. 16-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE FILING OF WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. RESOLUTION NO. 16-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS MOTION:Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to approve Consent Calendar Items M1. and M11.Motion carried unanimously, 5-0. N.C ONSENT O RDINANCES N1.Second Reading of Ordinance No. 888 for the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan Amendment and Ordinance No. 889 Related to the Development Code Amendment Related to the Empire Lakes Project. ORDINANCE NO. 888 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2015-00040, A REQUEST TO AMEND THE RANCHO CUCAMONGA INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 SPECIFIC PLAN, A TH SPECIFIC PLAN THAT APPLIES TO PROPERTIES LOCATED NORTH OF 4 STREET, SOUTH OF THE BNSF/METROLINK RAIL LINE, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, TO DELETE TEXT, GRAPHICS, AND EXHIBITS RELATING TO THE EMPIRE LAKES GOLF COURSE, AN EXISTING PRIVATE GOLF COURSE OF 160 ACRES THAT IS LOCATED WITHIN THE SUBJECT SPECIFIC PLAN AREA, AND INSERT TEXT, GRAPHICS, AND EXHIBITS THAT WILL DESCRIBE THE DESIGN AND TECHNICAL STANDARDS/GUIDELINES FOR A PROPOSED MIXED USE, HIGH DENSITY RESIDENTIAL/COMMERCIAL DEVELOPMENT THATIS PROPOSED TO REPLACE THE GOLF COURSE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0209-272-11, -15, -17, -20, -22 THROUGH -28, 0210-082-41, -49 THROUGH -52, 0210-082-61, -64, -65, -67 THROUGH –69, -71 THROUGH - 74, -78, -79, -84, -88 THROUGH -90, 0210-581-01 THROUGH -06, 0210-591-02 THROUGH -14, AND 0210-623-66 Linda Troyan, City ClerkServices Director, read the Title of Ordinance No. 888. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to waive full reading, and adopt Ordinance No. 888by Title only. Motion carried 4-1, Council Member Alexander opposed. ORDINANCE NO. 889 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING DEVELOPMENT CODE AMENDMENT DRC2015- 00115, A REQUEST TO AMEND THE DEVELOPMENT CODE (CHAPTER 17 OF THE MUNICIPAL CODE) OF THE CITY OF RANCHO CUCAMONGA BY REVISING TEXT, GRAPHICS, AND EXHIBITS WITHIN THE DEVELOPMENT CODE THAT APPLY TO PROPERTIES, INCLUDING THE EMPIRE LAKES GOLF COURSE, AN EXISTING, PRIVATE GOLF COURSE OF 160 ACRES, WITHIN THE RANCHO CUCAMONGA INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUBAREA 18 SPECIFIC PLAN, A SPECIFIC PLANTHAT APPLIES TO PROPERTIES TH LOCATED NORTH OF 4STREET, SOUTH OF THE BNSF/METROLINK RAIL LINE, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, AND INSERT TEXT AND GRAPHICS IN CONJUNCTION WITH A PROPOSED MIXED USE, HIGH DENSITY RESIDENTIAL/COMMERCIAL DEVELOPMENT THAT IS PROPOSED TO REPLACE THE GOLF COURSE, AND MAKING FINDINGS IN SUPPORT THEREOF. APNS: 0209-272-11, -15, -17, -20, -22 THROUGH -28, 0210-082-41, -49 THROUGH -52, 0210-082-61, -64, -65, -67 THROUGH –69, -71 THROUGH -74, -78, -79, -84, -88 THROUGH -90, 0210-581- 01 THROUGH -06, 0210-591-02 THROUGH -14, AND 0210-623-66 Linda Troyan, City ClerkServices Director, read the Title of Ordinance No. 889. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Spagnoloto waive full reading, and adopt Ordinance No. 889 by Title only. Motion carried 4-1, Council Member Alexander opposed. O.A DMINISTRATIVE H EARING I TEM O1.Results of review of independent auditor’s report concerning FY 14/15 expenditures of LMD1, PD 85 and SLD 2. John Gillison, City Manager, introduced Lori Sassoon, Deputy City Managerfor Administrative Services, who introduced Joseph “Joey” Catuara, Vice-Chair, who presented the first West-Side Districts Citizens’ Oversight Committee Staff Report regarding results of the review of independent auditor’s report concerning FY 14/15 expenditures of LMD 1, PD 85 and SLD 2.Velma Gilbertand Sean Harvath,Members of the West-Side Districts Citizens’ Oversight Committee, were also in attendance.Vice-ChairCatuaranoted that other Members: Theresa Marji, Chair and member, David Demaurowere not in attendance due to travel. There were no Council comments. Mayor Michael opened the Administrative Hearing. There were no public comments. Mayor Michael closed the Administrative Hearing. Mayor Michaelacknowledged and expressed appreciationon behalf of the City Counciltothe Oversight Committee Members for their service and efforts. Mayor Michael declaredthe Staff Report received and filed for the results of the review of independent auditor’s report concerning FY 14/15 expenditures of LMD 1, PD 85 and SLD 2, Administrative Hearing Item O1. P.C ONTINUED A DVERTISED P UBLIC H EARING -F IRE P1.Consideration to approve proposed Annexation 16-1 (APN: 0227-061-03–Cross And Crown Lutheran Church, owner and APN: 0227-061-82-Storm Western Development, Inc., owner) located at 6723 Etiwanda Ave into Community Facilities District No. 85-1, calling a Special Election and authorizing submittal of levy of special taxes to the qualified electors. ITEM CONTINUED FROM THE MAY 4, 2016 CITY COUNCIL MEETING. RESOLUTION NO FD16-012 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING RESOLUTION FD 16-014 AUTHORIZING THE DISTRICT TO MAINTAIN THE LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (Cal FIRE) John Gillison, City Manager, introduced Rob Ball, Fire Marshal, who presentedthe Staff Reportand recommended approvalof the proposed Annexation 16-1 (APN: 0227-061-03–Cross and Crown Lutheran Church, owner and APN: 0227-061-82-Storm Western Development, Inc., owner) located at 6723 Etiwanda Ave into Community Facilities District No. 85-1, calling a Special Election and authorizing submittal of levy of special taxes to the qualified electorsandResolution No. FD 16-012. The Public Hearing was continued from the May 4,2016Public Hearing.Marshal Ball acknowledged that the qualified electors, the owners, are agreeable to the annexation. There was no comment from the public. PresidentMichael closed the Public Hearing. MOTION:Moved by BoardMember Alexander,seconded byMayor Pro Tem Spagnolo, toapprove Staff Recommendations and Resolution No. FD16-012.Motion carried unanimously, 5-0. Q.C ITY M ANAGER’S S TAFF R EPORT –C ITY C OUNCIL nd Q1.Consideration to approve Capital Fundraising Campaigns for the BianePublic Library 2Floor Phase II Project and the RC Family Sports Center Replacement Project from the Library Board of Trustees and the Park and Recreation Commission. John Gillison, City Manager, introduced Michelle Perera, Library Director; Nettie Nielson, Community Services Director; Brian Sternberg, Assistant Library Director and Daniel Schneider, Community Service Superintendent (Sports/Special Events/Operations) who presentedthe Staff Report, responded to Council questions,and recommendedapprovalof their joint efforts to establishcapital fundraisingcampaigns, to work collaboratively and cooperatively, particularlywhen approaching prospective donors. RegardingMayor and Council inquiriesaboutsponsored naming rights, Staff assured that each department would uniquely prepare sponsorshipproposalsandnegotiate agreements,emphasizingnaming rights would not be offered in perpetuity, though terms could be renegotiated for renewalswith Council approval. MOTION:Moved byMayor Pro Tem Spagnolo, seconded by CouncilMemberKennedy, to approveCapital nd Fundraising Campaigns for the Biane Public Library 2Floor Phase II Project and the RC Family Sports Center Replacement Project from the Library Board of Trustees and the Park and Recreation Commission, City Manager’s Staff ReportItem Q1.Motion carried unanimously, 5-0. R.C OUNCIL B USINESS R1. INTER-AGENCY UPDATES (Update by the City Councilto the community on the meetings that were attended.) Mayor Michael stated that at the SANBAG Board Meeting earlier today they reviewed a model ordinance dealing withthe sale of butane andits relationship to the formulation ofdrugson a County-wide basis. R2.COUNCIL ANNOUNCEMENTS(Comments to be limited to three minutes per Council Member.) There were none. S.I DENTIFICATION OF I TEMS FOR N EXT M EETING There were none. T.A DJOURNMENT With Mayor Michael asking for a moment of silence in memory and honor of Julie Anne Whitney, Office Specialist I for the City Manager’s Office and City Council, the Council Meeting adjournedat8:35p.m. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: * * * * * * Wednesday, April 20, 216, 2016 EXCLUSIVE NEGOTIATING AGREEMENT FOR A TRANSIT-ORIENTED DEVELOPMENT AT THE RANCHO CUCAMONGA METROLINK STATION This EXCLUSIVE NEGOTIATING AG, 2016, and is entered into by and among the CITY OF RANCHO CUCAMONGA, a municipal corporation COUNTY TRANSPORTATION COMMISSION CREATIVE HOUSING ASSOCIATES, LLC, a California limited liability R E C I T A L S B. On or about September 21, 2015, the City issued a Request for Qualifications (the The Owner reviewed the responses to the RFQ. Developer responded to the RFQ, submitted supplemental information at the request of the Owner, and subsequently was interviewed by the Owner. C. a Property. D. Developer intends to incur significant costs analyzing the Property and designing the Project, and Developer has therefore requested that the Owner agree to negotiate with Developer on an exclusive basis to establish the terms and conditions of a financeable e Property and a statutory development E. It is anticipated that during the term of this ENA, Owner staff and consultants and attorneys of the Owner will devote substantial time and effort in meeting with Developer and its representatives and consultants, reviewing proposals, plans and reports, negotiating and preparing the Ground Lease and the Development Agreement, obtaining consultant advice and reports (possibly including an appraisal), and complying with the California Environmental NOW, THEREFORE, the Parties hereto agree as follows: 1.The term of this ENA shall commence on the date hereof and shall end on the earlier of: (i) the date that is one year and six months after the date of this ENA, as may be extended by the City Manager as set forth below under this Section 1, or (ii) the date on which the City or Developer terminates this ENA as provided in Section 2 below (in either case, the Provided that neither Party has terminated this ENA pursuant to Section 2 below, the ENA Period shall be extended by the City Manager, in writing, at the written request of Developer, for up to two additional three (3) month periods; provided, however, that: (i) the Developer is not then in material default under this ENA (following notice to Developer and expiration of cure periods in accordance with Section 3 below), (ii) there are no material issues remaining to be resolved with respect to the Ground Lease or the Development Agreement; and (iii) the applicable extension is necessary to complete the CEQA Documents (as defined in Section 8 below) and then submit the Ground Lease and Development Agreement to the City Council and SANBAG Board for consideration. 3.The Owner may terminate this ENA if Developer should fail to comply with or perform any provisions of this ENA and such failure is not cured within ten (10) business days after written notice from the City Manager to Developer, or if substantial progress is not being made in negotiations hereunder as determined by the City Manager in good faith. Developer may terminate this ENA by written notice to Owner if the Developer determines, in its sole discretion, that it does not wish to pursue the Project further. 4.During the ENA Period (as extended under Section 1 above, if applicable), the Owner shall not negotiate with any person or entity other than the Developer for the sale, lease, use or development of the Property. 5.The Project must include the features/elements described on attached hereto. Developer may revise those features and/or elements in response to changes in material conditions or to information discovered during the ENA Period, subject to providing notice to the Owner of any such changes. Developer shall deliver the materials and information identified on Attachment No. 1 attached hereto to the City within the times set forth on Attachment No. 1. Within ten (10) days after each calendar month during the ENA Period (as extended under Section 1 above, if applicable), Developer shall provide a written report to the calendar month. 6.During the ENA Period, the City shall use good faith efforts to complete (or cause to be completed) the tasks set forth in Attachment No. 2attached hereto. 7.Developer shall reimburse the Owner for its actual out-of-pocket costs and expenses (including legal fees and costs) incurred in preparing this ENA and fulfilling its obligations under this ENA, including, but not limited to: (i) the costs of negotiating and preparing the Ground Lease and Development Agreement; and (ii) the costs of appraisals, economic consultants and the like used by Owner to evaluate the Project, proposed transaction consultant contracts incurring any costs in connection with this ENA or the Project, the Owner shall first submit any such contracts and related proposals and cost estimates to Developer for execution of this ENA, Developer shall deposit with the City the sum of Twenty-Five Thousand may be used and applied from time to time by the City to pay or reimburse itself and SANBAG for Reimbursable Costs not otherwise paid or reimbursed by Developer. As between the City and SANBAG, SANBAG shall submit its requests for reimbursement to City, and shall provide such documentation as City may reasonably request for purposes of replenishment of the Reimbursement Funds from Developer hereunder.Developer shall deposit with the City funds sufficient to replenish the Reimbursement Funds held by City within ten (10) days after written demand by the City Manager. The City shall provide Developer with a monthly accounting identifying in reasonable detail the Reimbursable Costs to which Reimbursement Funds have been applied. Any Reimbursement Funds not applied shall be delivered to the Developer (along business days after the earlier of: (i) the execution of the Ground Lease by the Parties, or (ii) the expiration or earlier termination of this ENA. The provisions of this Section shall survive the expiration or earlier termination of this ENA, to the extent that the Owner has incurred actual Reimbursable Costs for which there are insufficient Reimbursement Funds then on deposit with the City, and provided that the Owner shall not enter into any further agreements or incur any further costs for which Developer is responsible subsequent to termination or expiration of this ENA. Notwithstanding anything to the contrary in this ENA, express or implied, the City shall have the right in its sole and absolute discretion to cease evaluation of submittals relating to the Project, stop any other staff work and/or work of its consultants and stop negotiating or discussing the Project, Ground Lease and Development Agreement, in the event that the City Manager determines that the sums then on deposit with City are not clearly sufficient to pay for all of the projected/established Reimbursable Costs projected/estimated in good faith by the City Manager and Developer has failed to replenish the Reimbursement Funds within the time specified herein following written notice by the City in accordance with Section 3 above. 9.Developer shall bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for Developer. Promptly upon commencement of the ENA Period, the Owner shall deliver to Developer complete copies of any and all material non-privileged reports and other material non-privileged documents pertaining to the Property which , at no cost to Developer other than the actual cost (if any) of duplicating such documents.Additionally, the City shall, if required to obtain financing (including grant funds), cooperate with the Developer in good faith, but at no cost or liability to Owner, in executing reasonable financing applications; however, the foregoing shall not be construed to require Owner to otherwise help Developer obtain any grants or financing. 19.Time is of the essence of each and every provision hereof in which time is a factor. 20.This ENA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same ENA. 22.All Parties represent that the persons executing this ENA are authorized to act on their respective behalves. 23.Executed counterparts of this ENA may be delivered electronically by email to: john.gillison@cityofrc.us (for the Owner), and mdieden@challc.com (for the Developer). IN WITNESS WHEREOF, the Parties hereto have executed this ENA as of the day and year first written above. OWNER:DEVELOPER: CITY OF RANCHO CUCAMONGACREATIVE HOUSING ASSOCIATES, LLC, a California limited liability company By: John Gillison, City ManagerBy: Michael Dieden Managing Member Attest: ______________, City Clerk Approved as to Form: Bruce Galloway of Richards, Watson & Gershon, Counsel to City SAN BERNARDINO ASSOCIATED GOVERNMENTS COUNTY TRANSPORTATION COMMISSION By: Print Name: Title: Approved as to Form: ______________, SANBAG Legal Counsel DESCRIPTION OF PROPERTY (Attached.) EXHIBIT "B" REQUIRED PROJECT FEATURES/ELEMENTS (Attached.) Project Concept: A multi-modal transit village combining residential and commercial (retail, entertainment restaurant) uses surrounding a public plaza that creates a sense of place and engagement, thereby intended to attract Metrolink commuters, Empire Lakes and Project residents, and also patrons from throughout the Inland Empire. Developer shall have some limited, reasonable flexibility provided Developer shows by reasonable evidence delivered to Owner that a design feature herein must be altered; however, stated minimums described below may not be reduced and features described below may not be eliminated (unless otherwise agreed in writing by Owner). Developer will offer a variety of different housing types at diverse price points (sale and rental) and at various densities, but there shall be a minimum of 200 dwelling units,to be located on the residential land depicted on the preliminary site plan delivered by Developer and tentatively approved by Owner in accordance with Paragraph 1 of Attachment No. 1. The retail/commercial uses may include dining, commercial office space, and a cinema. There shall be a minimum of fifteen thousand (15,000) useable square feet of retail and commercial service uses. A parking program will be agreed upon by the City and Developer under which the parking will be sustainable both economically and environmentally and may include a fully automated parking structure. The Project will prioritize the pedestrian experience, with buildings and spaces designed to be inviting to pedestrians, cyclists and motorists. The Project will provide convenient access to parking and the train platform for Metrolink riders. The rail platform is preliminary planned to be relocated approximately twenty-five (25) feet to the south of its current location, as part of Alternative A-4 Rail Alignment of the Ontario Airport Rail Access Study. The parking facilities and program will be designed to accommodate a minimum of nine hundred sixty (960) parking spaces for Metrolink commuters and visitors to the Project, subject to a shared parking program to be agreed upon by the Parties. This will include a paid parking permit system for Metrolink riders and commuters. The Project will provide multi-modal connections to adjacent developments and facilities in the area, including the proposed Empire Lakes mixed-use project to the west and Milliken Avenue to the east. The Project will seek to achieve a very high sustainability standard that will include water-wise landscaping that complements the various architectural styles and themes of the project. The City actively supports water conservation in the landscape as not only a short-term response to the current drought but also as a long-term sustainability practice; Empire Yards will offer a Project phasing program, subject to approval by the Owner, that offers sufficient parking for Metrolink commuters during all phases of project implementation and construction. ATTACHMENT NO. 1 SPECIFIC DEVELOPER TASKS 1.Within sixty (60) days, Developer shall deliver the following items for Owner staff review and preliminary approval: i) Preliminary site plan and revised architectural concept drawings identifying the location, building envelopes, general configuration, uses of the buildings and site, parking and traffic circulation, and proposed design characteristics of the Project. 2.Within sixty (60) days, Developer and City staff shall determine the likely type and schedule for obtaining entitlements necessary for construction of the Project including, but not limited to, discretionary permits. 3.Within one hundred and twenty (120) days, Developer shall deliver to the City for Owner staff review and approval, a preliminary financing plan for the proposed Project. 4.Within one hundred and eighty (180) days, Developer shall submit to the Owner a schedule of development setting forth the proposed timetable for the commencement, substantial 5.Within one hundred and eighty (180) days, Developer shall deliver to City for Owner staff review and approval, an organizational chart of the proposed Developer entity proposed to be a party to the Ground Lease and Development Agreement. 6.Within three hundred (300) days, Developer shall deliver to the City a fully completed and executed development application. 7.Within one hundred and eighty (180) days, Developer shall obtain and review a preliminary report for the Property from a title company selected by Developer and copies of the documents listed as title exceptions therein and an ALTA survey and shall deliver copies of the reports, documents and survey to the Owner together with a written description of any objections Developer may have to any of the title exceptions (and the rationale for the objections). 8.Within one hundred and eighty (180) days, Developer shall obtain and review a Phase I environmental (hazmat) report for the Property, and if recommended by the Phase I, Developer shall promptly obtain a Phase II report subject to entering into a reasonable right of entry agreement with City and SANBAG. Developer shall promptly deliver copies to the City when received. ATTACHMENT NO. 2 SPECIFIC CITY TASKS 1.Within thirty (30) days, City shall provide to Developer copies of all currently existing plans, studies and other written information regarding the Site in its possession, to the extent not previously delivered to Developer and to the extent material to the Project and not subject to any attorney-client or attorney work product privilege or other privilege. 2.City shall use good faith efforts to prepare and process the required CEQA Documents as soon as reasonably possible after submission by Developer of a complete development application and payment of applicable fees/deposits. 3.City shall provide initial drafts of the Ground Lease and Development Agreement to Developer and shall thereafter revise them to the extent reasonably permitted by the negotiations. City Council June 15, 2016 General Plan Amendment DRC2015-00887 •Changethelandusedesignationsofmultiple parcels; •Revise/deletespecifictablesandfigures; •Revisetextassociatedwiththesespecifictables andfigures;and •Correcttypographicalerrorsandomissions. Background •TheincorporationofMixedUsedevelopmentinto theGeneralPlan,ZoningMap,andthe DevelopmentCodeisanongoingprocessandis beingconductedinphases; •May2010–Adoptionofthe2010GeneralPlanto incorporateexistingMixedUseareas; •January2015–Adoptionofseveralgoalsrelated toMixedUsedevelopment; Background •November2015–AdoptionofstandardsforMixed Usedevelopment; •TheCityCouncil,PlanningCommissionandStaff haveparticipatedinstudiesandfieldactivitiesto learnmoreaboutMixedUsedevelopment; •DevelopershaveexpressedinterestinMixedUse development;and •AdditionallocationsforMixedUseareaswillbe evaluated. Environmental Assessment AnInitialStudywaspreparedtoidentifypotential environmentaleffectsoftheproject; Itwasdeterminedthatthereisnosubstantial evidencethattheprojectwouldhaveasignificant effectontheenvironment; StaffpreparedaNegativeDeclarationand circulateditforreview; Environmental Assessment StaffpreparedarevisedNegativeDeclarationin responsetocommentsreceivedandrecirculated it–noadditionalcommentswerereceived;and TheCitywillconductaproject-andsite-specific environmentalassessmentonacase-by-case basisandtheappropriateenvironmental documentwillbepreparedtoaddressproject- specificimpacts. Conclusion Staffrecommends: •Adoption of the Negative Declaration for General Plan Amendment DRC2015-00887; and •Approval the Resolution of Approval for General Plan Amendment DRC2015-00887 • • • • • • • •Contemporary Design •Two, three and four story buildings •Unit Breakdown: 69 One Bedroom Units 107 Two Bedroom Units 14 Three Bedroom Units •Direct street access for units facing Foothill Boulevard and East Avenue •Parking provided in enclosed garages, carports, open parking spaces and street parking • • • • • • • Changesthezoningdesignationoftheprojectsitefrom CommunityCommercial(CC)toMixedUse(MU),inaccordwith theMixedUse(MU)GeneralPlanDesignation •A • • Agreement for Integrated Solid Waste Services with Burrtec Waste Industries, Inc. June 15, 2016 Background Burrtec has held all of the exclusive and non-exclusive permits for waste hauling in the City since 2009. Current agreements with Burrtec expire on June 30, 2019. Original agreements were established in 1985 and have been amended several times with the last amendments occurring in 2009. Existing agreement lacks performance standards to address current state laws. In preparation for negotiating a new agreement, a competitive proposal process was conducted for consulting services for expanded study and analysis of City’s integrated solid waste franchise agreements and refuse rates. Recommendations from the consultant included updating and modernizing the franchise agreement to include key elements that are found in modern refuse franchise agreements. Street Sweeping Services At this time the City is in continued negotiations with SBPEA Teamsters Local 1932 regarding this matter and the parties agree to amend the contract when the City satisfies its obligation under the Myers-Milias- Brown Act with regard to street sweeping. Burrtec agrees to amend contract to provide street sweeping services at no cost to City or customers. Benefits to City: •Restoring street sweeping service to twice per month. •Annual saving of approximately $400,000 reinvested in new thermoplastic traffic striping. •During the agreement term, City will avoid approximately $2 million in equipment costs. Rates •Burrtec will not receive any additional rate increases as a result of this agreement. •Current rates will remain in effect until June 30, 2017. •For the first time, the franchise agreement caps future increases on customer rates. As in the prior agreement, rate adjustments will be reviewed bi- annually, but now the maximum increase will be no more than 5% compared to the previous rate period. Performance Standards •Performance Standards outlined in agreement to providing guidelines for franchised hauler. •Liquidated damages section with penalties for failure to meet performance standards. Agreement Term •12 year agreement, effective July 1, 2016 through June 30, 2028. •Five year automatic extension. •Two year notice of non-renewal. Construction and Demolition Program Exclusivity •Burrtec will have exclusivity to haul C&D debris for new construction and tenant improvement projects within the City. •Burrtec will guarantee minimum diversion rate of 75% for projects generating mixed C&D materials. •Burrtec to provide City with annual $50,000 payment to manage and oversee C&D program. Future Actions •Review of Municipal Code Chapters 8.17 and 8.19 to include new state mandates. •Amendment to agreement to include street sweeping services when City satisfies its obligation under the Myers-Milias-Brown Act with regard to street sweeping. Questions?