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HomeMy WebLinkAbout2016/06/15 - Minutes1 1 June 15, 2016 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES A. 5:00 P.M. — CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, June 15, 2016 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 5'00 p m. Present were Council 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; Lori Sassoon, Deputy City Manager/Administrative Services, and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) 11 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. 11 D. CITY MANAGER ANNOUNCEMENTS No discussion or actions were taken. 11 E. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM El. 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 E3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER 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 June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 11 1 1 1 1 1 NI 1 F. RECESS The closed session recessed at 5:25 p.m. G. REGULAR MEETING - 7:00 P.M. CALL TO ORDER - COUNCIL CHAMBERS 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 15, 2016 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Council Members. Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were' John Gillison, City Manager; Linda Daniels, Assistant City Manager; James L. Markman, City Attorney, Lois Schrader, Planning Commission Secretary and Shirr'l Griffin, Office Specialist II Mayor Pro Tem Spagnolo led the Pledge of Allegiance. H. ANNOUNCEMENTS/PRESENTATIONS There were no Announcements/Presentations Mayor Michael stated that the meeting would be adjourned in honor and memory of those who lost their lives during the tragic incident which occurred in Orlando, Florida over the past weekend. He asked the audience to offer acknowledgement with a moment of silence I. PUBLIC COMMUNICATIONS 11. Curtis Pitts gave an update stating that since the last Council Meeting Trang Huynh, Building & Safety Services Director, visited the CW Feed. Mr. Pitts expressed that he felt the original site plans were not what he submitted, but were forced upon him He maintained that he has been compliant, and that there was no need for a deputy task force. He questioned the task force and citing issues related to the sale of high stacking of products. Mr. Pitts stated that he is an expert on Savannah (exotic) cats and the he does not have any, but has rescued and sheltered Savannah cats. He does not feel that he should have to pay for all of the permits, and asked City Council to meet him half -way 12 Jim Frost played a recent recording of a fraudulent and very threatening IRS telephone scam. He warned the public about these types of predators targeting and taking advantage of the public, seeking to take thousands of their hard earned dollars. 13. Janet Walker offered prayer for the Council, community, upcoming elections and regarding the tragedy in Orlando. June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 11 li NI CONSENT CALENDARS J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT 1 J1. Consideration to approve Minutes of: June 1, 2016 (Regular Meeting) J2 Consideration to approve Check Register dated May 25, 2016 through June 07, 2016 and Electronic Debit Register for the month of May 2016 for the total of $661,061.53. J3. Consideration to receive and file current Investment Schedule as of May 31, 2016 J4. Consideration to approve a Resolution declaring results of a special election in Community 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). RESOLUTION NO. FD 16-015 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 MOTION: Moved by Vice -President Spagnolo, seconded by Board Member Alexander, to approve Consent Calendar Items J1. through J4. Motion carried unanimously, 5-0 K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Consideration to approve Minutes of: June 1, 2016 (Regular Meeting) MOTION: Moved by Agency Member Kennedy, seconded by Agency Member Williams, to approve Consent Calendar Item K1. Motion carried unanimously, 5-0. L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Consideration to approve Minutes of: June 1, 2016 (Regular Meeting) MOTION: Moved by Authority Member Williams, seconded by Authority Member Kennedy, to approve Consent Calendar Item 11 Motion carried unanimously, 5-0 M. CONSENT CALENDAR - CITY COUNCIL M1 Consideration to approve Minutes of: June 1, 2016 (Regular Meeting) M2. Consideration to approve Check Register and payroll dated May 25, 2016 through June 07, 2016 and Electronic Debit Register for the month of May 2016 for the total of $7,131,249.54. M3. Consideration to receive and file current Investment Schedule as of May 31, 2016. June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 11 M4 Consideration to approve a determination of Public Convenience or Necessity (PCN) for the 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 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. RESOLUTION NO. 16-063 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 OF ALCOHOLIC BEVERAGE SALES AND TASTING (TYPE 21 OFF -SALE GENERAL& TYPE 86 INSTRUCTIONAL TASTING) WITHIN A GOURMET FOOD MARKET (HK2 FOOD DISTRICT) INSIDE HAVEN CITY MARKET 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 approve a Public Convenience or Necessity (PCN) determination for 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 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 OF ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION (TYPE -20 OFF -SALE BEER AND WINE) AT 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. M6 Consideration to approve plans and specifications for the "Animal Care and Adoption Center 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 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) 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 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) June 15, 20161 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 4 of 11 M8. Consideration to accept the bids received, award and authorize the execution of a contract 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 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 Drain for Tract 16324, located at the north end 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 Appropriations related to the Haven Avenue Grade Separation Capital Improvement Project. M12. Consideration to accept the Red Hill Park Lake Modernization Project, Contract No. 15-248 as complete, release the Bonds, accept a Maintenance Bond, authorize the City Engineer to file a Notice of Completion and approve the balancing statement and final contract amount of $357,277.54. RESOLUTION NO. 16-066 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 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 from Citywide Infrastructure Improvement and LMD-4R Funds, 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 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 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 PM 18794, located 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 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. June 15, 2016 1 Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 5 of 11 M17. ITEM REMOVED FROM CONSENT CALENDAR FOR DISCUSSION Consideration of approval of the Purchase and Sale Agreement between the City of Rancho Cucamonga and Southern California Edison (SCE) for the acquisition of 15,299 SCE owned street lights at a price not to exceed $9,660,284 and authorizing the City Manager to sign the agreement. M18. Consideration to approve the execution of an Exclusive Negotiating Agreement (ENA) between the City Of Rancho Cucamonga, San Bernardino County Transportation Commission and Creative Housing Associates, LLC for property generally located on the northwest corner of Azusa Court and Milliken Avenue. M19. Consideration to approve an Amendment to Contract No.16-024 with Intelesysone, Inc. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to approve Consent Calendar Items M1. and M19, to include project site address correction for item M5, and except Item M17 which was pulled for discussion. Motion carried unanimously, 5-0. ITEM REMOVED FROM CONSENT CALENDAR FOR DISCUSSION M17. Consideration of approval of the Purchase and Sale Agreement between the City of Rancho Cucamonga and Southern California Edison (SCE) for the acquisition of 15,299 SCE owned street lights at a price not to exceed $9,660,284 and authorizing the City Manager to sign the agreement Council Member Kennedy pulled Item M17. for discussion noting the prudent and proactive fiscal impact on the community through containment of utility costs for the future In response to Council Member Kennedy, Jason Welday, Engineering Services Director/City Engineer explained the City estimates to spend $9.6 million purchasing over 15,000 street lights from Southern California Edison (SCE). City Engineer Welday said benefits will be yielded through how the City pays SCE. Currently, the City pays SCE who owns the street lights, at a rate for energy and for the maintenance and operation of the street lights, which is approximately $2 3 million annually paid out of various street light districts funds throughout the City Under the purchase and sale agreement, cost convert to an LS -2 rate, at about $1 3 million annually, yielding $1 million dollars annual savings. City Engineer Welday said the City will be responsible for maintaining, repairing and replacing the street lights. Additionally, the City will realize a net savings of approximately $480,000 annually after paying for the financing to purchase the street lights, and will be responsible for street light operations and maintenance Cost savings, in general, are a benefit, and the savings will help with street light maintenance districts (SLDs=SLMDs) funding, which has been supplemented from the General Fund, accordingly, this back -fill will not need to be supplemented as much from the General Fund. John Gillison, City Manager, clarified that the wood power poles will remain SCE property and are not included in the purchase; the marbelite (simulated concrete style) street light poles are being purchased by the City. He noted only a small number of cities in Southern California took advantage of an opportunity to purchase the street lights. City Manager Gillison pointed out that supplemental funding from the General Fund pulled resources from law enforcement, community and senior services, and he noted in order to supplement costs, the concept to increase rates was explored The alternative purchase agreement allows the City to reduce continued levels of supplemental funding from the General Fund for a number of years, as well as opens up other future opportunities, including converting the street lights to LED (light -emitting diodes) for a savings bonus through energy and maintenance costs. In response to Mayor Michael, City Manager Gillison stated that the $9.6 million to purchase the street lights will come from Reserves and through costs savings. He noted that the current City Council and City Councils since the City's inception set-aside Reserve funding for infrastructure, key facilities, and other public improvements, subsequent maintenance and to provide for future replacement of the same. City Manager Gillison pointed out Council's specific direction the funds will be paid back for the reason that this is only a loan from Reserves, purchase of street lights was not an option nor foreseen as a use of Reserve funding years back. MOTION: Moved by Council Member Kennedy, seconded by Mayor Pro Tem Spagnolo, to approve Item M17. Motion carried unanimously, 5-0. June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 11 1 N. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL N1. Consideration to approve a proposed General Plan Amendment to 1) 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 and Candlewood 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 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. RESOLUTION NO 16-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2015-00887 TO 1) 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 AND CANDLEWOOD 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 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 John Gillison, City Manager, introduced Mike Smith, Senior Planner, who gave the Staff Report and PowerPoint (copy on file) presentation on Item N1. June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 7 of 11 1 Concluding his staff report, Senior Planner Smith stated that missing pages to the Agenda packet had been corrected, as well as corrections were made to the Agenda packet on the City's website, and that the corrections were placed before City Council at the dais. There were no Council comments or questions. Mayor Michael opened the Public Hearing. (1). Bob Depoto expressed his concern and questioned environmental impact due to increased traffic and the amount of people using Foothill Boulevard and surrounding areas. Senior Planner Smith responded saying the amendment only changes the document He said an environmental impacts review and analysis will be conducted when a project is received for the specific site, and that there are no actual proposed projects for development at this time. Mayor Michael closed the Public Hearing. There were no additional Council comments or questions. Mayor Michael noted that the consideration to approve the proposed General Plan Amendment proceeded with a unanimous vote by the Planning Commission. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to approve Resolution No. 16-067. Motion carried unanimously, 5-0. N2. Consideration to approve an amendment to Development Code Section 17.36 020 A and B, 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 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. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. 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 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 June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 8 of 11 John Gillison, City Manager, confirmed Items N2 and N3 should be heard separately, and introduced Tabe van der Zwaag, Associate Planner, who gave the Staff Report and PowerPoint (copy on file) presentation on Item N2 (and N3.). There were no Council comments or questions. Mayor Michael opened the Public Hearing. (1). Daniel Corolla said that he attended the last Meeting (the Planning Commission Hearing) and that there was a parking problem for the 190 unit apartment development project. He asked how many parking spaces are allowed for each unit, and commented that East Avenue would be used for overflow parking. His home is close to the project site. Associate Planner van der Zwaag responded per the Development Code parking requirement per unit type: 1 - bedroom unit, 1 5 parking spaces per unit; 2 -bedroom unit, 2 parking spaces per unit, and 3 -bedroom unit, 2 parking spaces per unit. According to the Applicant's parking consultant research and analysis the proposed number of parking spaces would be adequate Per the required mixed use parking study, as proposed, the project will be deficient 38 parking spaces, a 9% shortfall, from the code requirement Noting the project is mixed use, the consultants indicated an opportunity for tenants to use the retail parking in the evening. He said the possible shortfall which could be covered by 62 spaces created on East Avenue. Candyce Burnett, Planning Director, confirmed that per current code standards for the desired Mixed Use, the project cannot meet parking space density, and an adjustment is needed. Council Member Williams noted amenities for bikes are mentioned in the project. She presented questions and expressed concern for connectivity to the trail (Pacific Electric Trail, PET) and bike safety. Jason Welday, Engineering Services Director/City Engineer defined southbound East Avenue as adequate to provide a through lane, parking lane and bike lane City Council Members continued discussion and expressed concern for potential traffic, on street parking and safety related to the project. Mayor Michael clarified that City Council was not comfortable moving forward at this meeting with the project for the reasons discussed and including particular regard to the impact on East Avenue City Manager Gillison suggested a continuance of the project to a date unspecified allowing staff time to work with the developer. He recommended that staff bring back. 1) An accelerated schedule to change the development standards; 2) A list of other projects that are in the works which also may be affected; and, 3) A list of interim recommendations. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to continue both Items, N2. and N3 , to an unspecified date to allow staff time to work with the developer and bring back: 1) An accelerated schedule to change the development standards; 2) A list of other projects that are in the works which also may be affected; and, 3) A list of interim recommendations. With a Motion on the floor, Kamran Benji, the Applicant Manager with Foothill & East, LLC, welcomed Council's permission to speak about the project history and timeline. He outlined a number of changes already made to bring the project under Development Code standards and requirements. Mr. Benji conveyed concern for the future of the project. VOTES NOW CAST: Moved by Council Member Alexander, seconded by Council Member Williams, to continue both Items, N2. and N3 , to an unspecified date to allow staff time to work with the developer and bring back. 1) An accelerated schedule to change the development standards; 2) A list of other projects that are in the works which also may be affected; and, 3) A list of interim recommendations Motion carried unanimously, 5-0. June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 11 N3. Consideration to approve a change 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 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 0. CITY MANAGER'S STAFF REPORTS CITY COUNCIL 01. Consideration to approve agreement between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc. for integrated solid waste management services. John Gillison, City Manager, introduced Linda Ceballos, Environmental Programs Manager and Fred Lynn, Utility Division Manager, who gave the staff report and PowerPoint (copy on file) presentation on Item 01. Ms. Ceballos noted the agreement is not an amendment but a brand new agreement and stated that under the prior amendments Burrtec has continued to provide superior services. She discussed services, the 5% diversion cap on rate increases and noted the ability to enforce damages and penalties under the new agreement. Ms. Ceballos detailed construction and demolition hauler diversion guaranteed to Burrtec. To Mayor Pro Tem Spagnolo's question, Environmental Programs Manager Ceballos responded that the City did not have a liquidated damages section of performance standards in the agreement, and the City had no ability to enforce damages and penalties, and could only ask to correct from offending haulers. Fred Lynn, Utility Division Manager, added that the new agreement includes all of the new State environmental requirements. Councilmember Kennedy pointed out Burrtec as a community partner, supports free event services, discounts to seniors, and lowered fees for other events, in addition to other services they provide t the community Environmental Programs Manager Ceballos said the new agreement provides specific, regulated performance standards along with liquidated damages and penalties, and addressed Mayor Michael's questions about Burrtec taking over construction and demolition service, and noted other haulers come in to the City under no performance standards which the Municipal Code currently does not address The new agreement does provide revenue for Burrtec and helps hold lower rates. Ms. Ceballos said educational materials will be sent out to remind the public that Burrtec is the franchised hauler Responding to Mayor Michael's question, Ms Ceballos said the current frequency of street sweeping in some areas is two (2) times per month but differs in some areas: She noted street sweeping is a component of the new performance standards. June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 10 of 11 I 1 In response to Mayor Pro Tem Spagnolo, Ms. Ceballos said school districts are exempt because State agencies can use who they want. Councilmember Williams pointed out that other haulers don't use "clean vehicles" (low to no emissions). Councilmember Alexander commented Burrtec provides excellent service. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve agreement between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc. for integrated solid waste management services, Item 01 Motion carried unanimously, 5-0. P. COUNCIL BUSINESS P1. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams reported on a LAFCO Meeting she attended that morning. P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) There were none. There were none. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT Mayor Michael adjourned the meeting at 9:12 p.m. in honor and memory of those who lost their lives during the tragic incident which occurred in Orlando, Florida over the past weekend. Respectfully submitted, Approved: Wednesday, July 6, 2016 A. royan, MMC ity Cle Services Director June 15, 2016 I Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 11 of 11 1