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2002/08/21 - Minutes
August 21, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetin,q A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 21, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:07 p.m. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Craig Fox, Deputy City Attorney; Pamela Easter, Deputy City Manager; Dave Moore, Recreation Superintendent; Kristy Kelley, Recreation Coordinator; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Walt Stickney, Associate Engineer; Maria Perez, Assistant Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Dan Coleman, Principal Planner; Brent LeCount, Associate Planner; Larry Temple, Administrative Services Director; Dawn Haddon, Purchasing Manager; Lorraine Phong, Information Systems Analyst; Michael Toy, Information Systems Specialist; Deborah Clark, Library Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Department; Dan Watters, Crime Analyst; Kimberly Thomas, Management Analyst II; Michelle Dawson, Management Analyst III; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Kathy Scott, Deputy City Clerk B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Certificates of Recognition to the members of the volunteers from the Church of Jesus Christ of Latter-Day Saints, Rancho Cucamonga and Upland Stakes for their assistance with the Lemon Avenue Parkway Improvement Project. Mayor Alexander presented the certificates to Charles Rich, Rancho Cucamonga Stake President; Larry Burke, Upland Stake Bishop; and Paul Wagner, Rancho Cucamonga Stake Assistant Wagon Master. A brief slide presentation followed. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons commented on the upcoming election with respect to candidates. He congratulated Mayor Alexander for running unopposed, which is recognition by the public that he is doing an outstanding job. C2. Cheryl Donahue, PlO for SANBAG (San Bernardino Associated Governments) issued an invitation to the Route 210 Freeway Grand Opening "Come Play on the Freeway," to consist of a Fun RunANalk/Ride on Saturday, September 28, 2002, 7 am to 1 pm. C3. Douglas Pure, 7970 Layton St., commented regarding the Iow-income housing issue--Advertised Public Hearing Item F.4. He commented regarding the accusations/allegations in the paper that this is a racial issue. He commented that the residents of the neighborhood are not racists. He said in his neighborhood is a United Nations. The common bond is that they bought houses in a safe neighborhood, they like peace and they like nice schools. City Council Minutes August21,2002 Page 2 C4. Robert Reddington, 9640 Effen St., commented regarding the Iow-income housing issue--- Advertised Public Hearing Item F4. He said the residents have the best school in the area and they want to keep it that way. C5. Steven Wright, 9300 Tryon, commented regarding the Iow-income housing issue--Advertised Public Hearing Item F4. Mayor Alexander asked that the City Planner make a statement of understanding so that everybody in the audience knows where we're coming from regarding this issue. Brad Bullet, City Planner, stated that there is a zone change item on the agenda and that zone change action before the Council is a matter of compliance with the General Plan. The General Plan has designated the area between Hellman and Archibald, San Bernardino and Foothill as Mixed Use. He said there is a portion of those properties, roughly 10 acres, which includes the properties of the previous Shell Station, Vineyard Bank, the Water District, Archibald Flowers and properties that abut Archibald as well as Foothill. He said regarding those properties, it is the position of the City Council and the Planning Commission that the entire block be designated as Mixed Use. He said that was done under the General Plan. He said tonight's action before the City Council is the zoning compliance with that General Plan action last October. He said the issue of a housing project is not on the agenda tonight for Council action. Jack Lam, City Manager, said he believes the topic of concern is about a developer who is interested in a multi-family project. He said that individual also indicated an interest that perhaps a portion of that will be affordable. The City then advised the developer, which is not a requirement of the City, to share that concept with the surrounding neighborhood. He said it is always the history of the City to have developers share those ideas so that any concerns/interests by the neighborhood could be incorporated into however that project may or may not develop. He said at this point there is no application for a project; the person may come in with a project, or may not. He said at this point, we do not have a project in which the Council or Planning Commission can act on. Mayor Alexander asked that if there was no zone change, would it be allowed to build multi-family housing in that area. Brad Buller, City Planner, answered affirmatively. Mayor Alexander stated the zone change is not what is going to trigger someone going in to do, or not do that. He said right now it could be done, with the exception of an area occupied by CCWD and that could not be "Residential" under the current zoning. Steven Wright, said it is City funds that is going to pay for this and the Council will have to vote it in or not. He said if you don't match funds with the developer, then he is going to see that he is not financially able to do it. That is part of a State law that now requires all cities to build a so-called "low- income" development; however, it doesn't have to be for Iow-income families; it can be done for elderly as well, which he said he is in favor of. He said if this development goes through, he expects to lose quite a bit of money on his property, not to mention how much money it will cost to build fences, put bars on windows and to replace stolen property. He said when this development goes in, we'll be seeing the helicopters flying over every night. He commented the other issues are regarding over- crowded schools and additional traffic. He stated he couldn't park his boat in his driveway because it would devalue the property and because of that it costs him $600 a year to park his boat elsewhere. C6. Darreld Van Westrienen, 7825 Layton St., said he has a copy of an application applied to the City on May 21, 2002, by Native Builders to build a proposed project, the Foothill Vista Apartments, at the location that the City is denying there is no application. City Council Minutes August 21, 2002 Page 3 Jack Lam, City Manager, said the City has a pre-application process, which is not a requirement. He said as far as he knows, this City is the only City around that has a "pre-app" process. He explained that when the City hears about a project that may be of concern to the community, that person is asked to go through this process so neighborhood meetings can be held. He said that does not mean that the City would or would not approve the project. Once the project is submitted, there is a great deal of material that needs to be submitted; it then goes through a statutory process. He said in this way there is much more time to discuss it between the neighborhood, the developer and, in this case, for residents to express concerns here. Mr. Van Westrienen said whether this is an application or a pre application, the City knew about it and we were told that there was no application. He said we should have been told there was a pro-application. Mayor Alexander said there was a big sign notifying the public. Mr. Van Westrienen stated the agenda item is asking for a certain amount of density that would allow this to happen. D. CONSENT CALENDAR DI. Approval of Minutes: July 17, 2002 July 25, 2002 (Special Meeting) July 30, 2002 (Special Adj. Meeting) D2. Approval of Warrants, Register Nos. July 25 through August 15, 2002, and Payroll ending July 28, 2002, for the total amount of $5,960,095.50 D3. Approve to receive and file current Investment Schedule as of July 31,2002. D4. Approval to accept the 2002 Local Agency Biennial Notice pertaining to the City's Conflict of Interest Code. D5. Approval of a Resolution of Necessity for the acquisition in eminent domain of certain real property interests for the extension of Day Creek Boulevard and the widening of Base Line Road at APN 0227-161-21 as part of the proposed Phase 1-A Improvements of the Community Facilities District 2001-01. THIS ITEM WAS HEARD AS ITEM G1 - PUBLIC HEARINGS. RESOLUTION NO. 02-231 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE EXTENSION OF DAY CREEK BOULEVARD AND THE WIDENING OF BASE LINE ROAD AS PART OF THE PROPOSED PHASE 1-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 D6. Approval of CLEEP Grant Equipment Purchases. ITEM REMOVED FOR DISCUSSION BY COUNClLMEMBER BIANE. DISCUSSION OF ITEM D6. Approval of CLEEP Grant Equipment Purchases. Chief Dennis Michael, Rancho Cucamonga Fire Protection District, said this is another example of the City's use of technology through grant application funds wherein a very highly sophisticated piece of City Council Minutes August 21,2002 Page 4 equipment is being purchased that will aid in improving levels of police and fire protection in the city and continue the great padnership that the Fire Department enjoys with the Police Department. Captain Don Cloughesy, Rancho Cucamonga Fire Protection District, explained how the thermal imaging camera and accessories work for improving fire department and police operations. He explained that the camera operates with infrared technology that could pick up on a heat signature of a suspect, possible rescue victim or any object that has molecular movement. This can take that signature and produce a video image. He said the camera could be used in many ways, as a surveillance tool, with a transmitter on interior applications and some SWAT applications. He said it could operate in basically zero light, so it can be used in obstructed areas where there is smoke, tear gas, etc. Dan Watters, Crime Analyst, Rancho Cucamonga Police Department, said another item they intend to purchase is a computer called "Fred" (forensic recovery of evidence device). He said it is a specialized system that is specifically designed for collecting evidence from computers for fraud cases, potential pornography cases, identity theft cases, etc. He said it does it in a forensically sterile environment that means any data on the computer is not touched or changed. Councilmember Biane stated he wanted the public aware of the new technology and the great things that are occurring with public safety. D7. Approval to appropriate funds in the amount of $8,158.47 from the San Bernardino County Superintendent of Schools Office Grant Budget in the 2002/2003 fiscal year account number 12604015200. D8. Approval of authorization for the award of gymnastics and dance class services for the Community Services Department per the proposals received from Rancho Cucamonga Businesses, as follows: Dynasty Gymnastics - all classes as proposed for age category 24 month - adult; Precision Gymnastics - classes as proposed for age category 0 month - 23 months and special needs; Inland Valley Dance Academy - all classes as proposed; and Dance Terrific - all classes as proposed only excluding beginning Hip/Hop for age category 9 - 15 years. D9. Approval of a proposal for co-sponsorship of the Rancho Cucamonga Chamber of Commerce's Grape Harvest Festival scheduled for October 4 - 6, 2002, at the Epicenter Special Event Area. D10. Approve Resolution granting authority to the City's PARSAC Representative to approve and execute amendments to the Joint Powers Agreement. RESOLUTION NO. 02-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY'S DIRECTOR ON THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA BOARD OF DIRECTORS TO APPROVE AND EXECUTE AMENDMENTS TO THE JOINT POWERS AGREEMENT ON BEHALF OF THE CITY Dll. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC 2002-00040, located on the east side of Hermosa Avenue, north of Sharon Circle, submitted by Panattoni Development Company. City Council Minutes August 21, 2002 Page 5 RESOLUTION NO. 02-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00040 RESOLUTION NO. 02-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICTNOS.1 AND 6 FOR DRC2002-00040 D12. Approval of a License Agreement with Bobby Beene (CO 02-089) for the operation of a coffee stand and accessories within the Rancho Cucamonga Metrolink Station. ITEM REMOVED FROM AGENDA. D13. Approval of an agreement between the City of Rancho Cucamonga and the Cucamonga School District (CO 02-090) relating to a Joint Use of the Rancho Cucamonga Middle School gymnasium facility. D14. Approval to appropriate $82,374 for contract development services by Employment Services Incorporated, to be funded by the Community Development Technical Services Fund Account No. 1016301-5300. D15. Approval to accept bids received and award and authorize the execution of the contract in the amount of $55,940.50 ($50,855.00 plus 10% contingency) to the apparent Iow bidder, New West Signal (CO 02-091), for the In-Roadway Warning Lights at 19th Street (SR 30) and Jasper Street, to be funded from Safe Routes to School Program Funds, Acct. No. 12343035650, and Transportation Funds, Acct. No. 11243035650, and appropriate $20,400.00 to Acct. No. 12343035650/1439234-0, to be fully reimbursed, and appropriate $5,600.00 to Acct. No. 11243035650/1439124-0 from Transportation Fund balance. D 16. Approval of single source vendor selection and award a contract for Senior Center programs from Gadabout Tours, Inc. (CO 02-092) in the amount not to exceed $50,000 from Acct. #12504015300. D17. Approval of single source vendor selection and award a contract for the purchase of two (2) roller hockey borders from Pacific Design Concepts (CO 02-093) in the amount not to exceed $23,500 from Acct. #12504015605. D18. Approval of single source vendor selection and award a contract for officiating/umpiring services for Adult Sports Leagues to Umps Are Us Association (CO 02-094) in the amount not to exceed $6,000 from Acct. #12504015300 and $69,000 from Acct. #17004015305. D19. Approval of request to enter into a Lease Hold Agreement at Red Hill Park between AT&T (CO 02-095) and the City of Rancho Cucamonga for the purpose of installing a wireless communication facility for AT&T's Wireless personal communication service. D20. Approval to accept the FY 2000/2001 Local Street Rehabilitation-Overlay, Contract No. 01-073 as complete, approval to appropriate $19,074.29 to Acct. No. 11823035650/1022182-0 from AB 2928 Traffic Congestion Relief fund balance, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $572,432.80. City Council Minutes August 21, 2002 Page 6 RESOLUTION NO. 02-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE FY 2000/2001 LOCAL STREET REHABILITATION-OVERLAY, CONTRACT NO. 01-073 AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of Items 5 and 12. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT - DRC2002-00321 - OLTMAN'S INVESTMENT COMPANY - A request to amend the circulation within the Industrial Development District, Subareas 12 and 13, to eliminate the portion of Mission Park Drive between Buffalo Avenue and Charles Smith Avenue, submitted by Oltman's Investment Company- APN: 229-263-68. Related Files: Development Review DRC2001-00718. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Dan James, Sr. Civil Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Basil Johnson, representing the applicant, provided the background to the request. Councilmember Biane asked Mr. Johnson what Bradshaw does. Mr. Johnson said the trade name is the "Good Cook." He said the products are kitchen/cooking items such as bottle openers, knives, cutlery, pots and pans, and are in many markets. Councilmember Dutton asked how many jobs might this create for the area. Mr. Johnson said they will be adding more staff, but he's not sure how many. There being no fudher comments, the public hearing was closed. RESOLUTION NO. 02-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO AMEND THE DEVELOPMENT CODE PER DEVELOPMENT CODE AMENDMENT DRC2002-00321 - AMENDING THE CIRCULATION WITHIN THE iNDUSTRIAL DEVELOPMENT DISTRICT SUBAREAS 12 AND 13 TO ELIMINATE MISSION PARK DRIVE, EAST OF BUFFALO AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-263-68 City Council Minutes August 21,2002 Page ? MOTION: Moved by Williams, seconded by Biane to approve Resolution No. 02-236. Motion carried unanimously 5-0. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 684. ORDINANCE NO. 684 (1st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00321, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL DEVELOPMENT DISTRICT, SUBAREAS 12 AND 13, ELIMINATING THE EXTENSION OF MISSION PARK DRIVE EAST OF BUFFALO AVENUE BY AMENDING SECTION 17.30.080, FIGURES 17.30.080-0 AND 17.30.080-N OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 684 for September 4, 2002. Motion carried unanimously 5-0. F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00448 - CITY OF RANCHO CUCAMONGA - An amendment to the Development Code to add text provisions for Mixed Use development for two areas: Area One located on the north and south side of Foothill Boulevard between Grove Avenue and the abandoned Southern Pacific Railroad corridor (trestle) also known as the "Bear Gulch Area"; and, Area Two located on the north side of Foothill Boulevard between Archibald Avenue and Hellman Avenue, both as part of Phase II of the General Plan Consistency Program. Related Files: Development District Amendment DRC2002- 00446A and Development District Amendment DRC2002-00446B. This amendment is based on the updated General Plan approved October 17, 2002, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that certified EIR, and the previously certified EIR adequately describes the activities for the purposes of CEQA. F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446A - CITY OF RANCHO CUCAMONGA - An amendment to the Development District Map to change the land use designations from General Commercial, Community Commercial, Office, Office Park, and Specialty Commercial to Mixed Use for 55 acres of land located on the north and south sides of Foothill Boulevard between Grove Avenue and the abandoned Southern Pacific Railroad corridor (trestle) also known as the "Bear Gulch Area,", as Phase II of the General Plan Consistency Program - APN: 207-011-33, 35, 36, 43, 44, and 45; 207-101-13, 17, 24, 25, 31, and 41; 207-111-01, -02, 05 thru 17 and 23; 207-112-03, thru 06, 09 thru 11, 13 thru 16, 20, and 21; 207-113-01 thru 18 and 23 thru 25; 207-123-33 and 34; 207-571-75 thru 78. Related Files: Development Code Amendment DRC2002-00448 and Development District Amendment DRC2002-00446B. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that certified EIR, and the previously certified EIR adequately describes the activities for the purposes of CEQA. F4. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446B - CITY OF RANCHO CUCAMONGA - An amendment to the Development District Map to change the land use designations from Community Commercial, Specialty Commercial, and Utility to Mixed Use for 10 acres of land at the northwest corner of Foothill Boulevard and Archibald Avenue as Phase II of the General Plan Consistency Program -APN: 208-151-01, 14 thru 16, 19, and portions of 20 thru 22; 208-152-06, 07, 09 thru 12, 14, and 16 thru 22; 208-153-01 thru 05 and 08 thru 23. Related Files: Development Code Amendment DRC2002-00448 and Development District Amendment DRC2002-00446A. This amendment is based on the updated General Plan City Council Minutes August 21, 2002 Page 8 approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that certified EIR, and the previously certified EIR adequately describes the activities for the purposes of CEQA. Staff report presented by Brent LeCount, Associate Planner. Brad Buller, City Planner, said there was a pre-application and a preliminary review, of which the applicant is seeking to find out information about the potential of the development of a piece of property. He explained that the process does require a submittal of an application form so that the City can document and track the discovery of what that applicant is doing in that process of evaluating their potential proposal. He said the matter tonight is just the zone change. The issue is for the remainder of the ten acres of the entire block. There is a cap already existing what is designated Mixed Use for residential. The zone change today will not increase the amount of residential that can be placed on that Mixed Use property as it sits today. We are not suggesting that it increase at all; in fact, we are saying it will stay the same. Adding this ten acres may, in fact, spread out the potential residential density on a larger block, but we do not think that is likely given the current status of the Community Commercial zoned properties or the Water District property or the Specialty Commercial along the corner of Archibald and Foothill; but, it is possible. He said the Mixed Use designation is a concept of planning that gives the greatest flexibility of land planning. He said this block requires the approval of a master plan; that's where the neighborhood will be able to be a part of a design review. He said right now they have a preview of one applicant and he is the first one to take it forward to a neighborhood meeting; he said it is an issue that staff believes is not related to this zone change. Mr. Bullet said the key he would like to emphasize is that no greater density of housing, no more number of housing will be approved tonight should a favorable action on this zone change be taken. A short discussion ensued regarding the map presented by Brad Buller regarding the subject area. Brad Buller said in the neighborhood there are some vacant parcels but all the other parcels have some form of development on them. Councilmember Williams asked if Area One and Area Two would be taken together or separately. Brad Bullet, City Planner, stated that they are very similar and can be taken together but Council is under no obligation to take them both concurrently. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Darreld VanWestrienen, 7825 Layton St., said the Mixed Use zoning really covers 37.5 acres. He said they are opposing staff's report that indicates that they would allow 14 units per acre, which could give a density of anywhere from 210 to 315 residential units. He said the residents would propose that there be a condition placed on the properties that would only allow 15 acres of residential and that only 8 units per acre be allowed; or 22.5 acres that would allow 6 units per acre, which would be 120 units in the entire 37.5-acre area, which would allow condominiums. He said the residents would also be happy to welcome a senior housing development in this area. He said high density housing in that area is not going to really reflect what Rancho Cucamonga is or should be. He said when the residents asked the builder what he thought his proposed project would do for their area, the builder's answer was "absolutely nothing." He said the last condition that we would like inclusive is that there not be any density bonuses allowed on this property. He said other concerns are school overcrowding and crime. Douglas Pure, 7970 Layton St., said he loves this community and does not want it to change. He said they are not opposed to development, however, they are opposed to the proposed development of Tony Mize's Native Building due to density, crime, infrastructure, as there is currently water pressure concerns in the area. He said the proposed development, because of the way that property is configured, is landlocked unless the City changes the zoning for Mr. City Council Minutes August 21,2002 Page 9 Mize. He said that is why we oppose it now and that is why we want to approach you with conditions of no more than six units per acre and the preference of a senior complex. He said they would like the Council to exercise their fiduciary responsibility as their elected representatives and look after their neighborhood and safety. He said federal studies indicate that we will lose 25% of our property value. In the interest of love for the City and the love for the neighborhood, he requested the Council take a positive action and support their needs. Diane Ballay, 9531 Tryon St., stated that the school issue is a City issue at this time and if they were to vote on the change of the zoning, then it would be a State issue. She said she volunteers at Central Elementary School and Central Middle School. She said the parking at Central School couldn't handle one more car. She said they have already had to get rid of the band room and what they are going to do is get rid of the resource room and a computer room. She asked that the Council do not let this happen. She said she also fears for the safety in the neighborhood. Chris Knopp, 7770 Layton St., commented that high density would not do anything to improve their conditions. He said statistics show that it will detract significantly from what they have as property owners. He stated his concern about over crowded schools. He said the developer of Native Builders has basically told the residents that this is a done deal and that this is going to happen regardless of what the residents have to say about it. He said a lot of things could be done with historic Route 66 that could dramatically improve this area, including the development of an "old town" or something similar. He said the residents want to see good planning and quality--not quantity. He also would like to ask that the conditions previously mentioned be considered that would limit six units per acre, which would allow for a better quality type of project to come in by a reputable developer. Mayor Alexander asked Mr. Knopp if there had documentation from any of the meetings with Mr. Mize. He said it disappoints him that anybody would say something is a "done deal." Greg Routh, 7755 Amethyst, stated he is also concerned that the change in land use for this area is not going to benefit the surrounding community in the long term. He said he would like to see the Council rethink the General Plan about this area and lower the density back down to a level that will attract residents who will have a commitment to our area. Bennie Davenport, 9608 Langston St., said the residents are not against Iow-income class of people; they are fighting crime statistics and property values. He stated his concern regarding the statistics that come with high-density housing, especially federally assisted programs. He stated his fear of drug-related problems and concern regarding property values. Richard Roediger, 7830 Layton St., said that the homeowners have a commitment to the area in which they live in, meaning a long-term investment. He said they are committed to keeping children and grandchildren safe by making sure of the surroundings. He said the City of Rancho Cucamonga needs to have a foundation of beauty, wealth, and safety and, above all, respect. Homeowners are equally responsible for the upkeep of our City; however, the residents and the voters needed the support of our selected city officials--not to tell us what is good for us, but to help and work along side us to help develop the city. He said the residents recognize the need to have something in this location, a restaurant, a small park, something of interest sitting on the side of Foothill Blvd. He said Foothill Blvd., most famously known as Route 66, needs to be recognized simply for that. He agrees with the residents and opposes the structure of high- density apartments; however, if apartments are structured, then the suggestion is to have them medium density exclusive of any density bonuses. Dean Miles, Layton St., said his concerns regarding a high-density project are the quality of the school, the property values and the crime rate. He said it the residents are hoping that the City Council makes the right decision for the neighborhood. City Council Minutes August 21,2002 Page tO Bill Terrazas, 7820 Layton, said he has lived in Iow-income housing areas previously. He has worked hard for his home and he does not want to lose what he has now. Shaun Fesler, 7782 Leucite, said he wants to speak on behalf of retired people, and he does not want to see his investment go down the drain. He said before he could get permits from the City for a room addition, he had to pay the school district over $3,000 just to draw permits. He asked if a developer is going to build high-density units, why are they not subjected to subsidizing schools like he was. He asked on behalf of the retired people that they do not change the zoning and leave it to a minimum density if buildings are going to be built. George Rushe, 7934 Malachite, asked if some of the land could be put aside for a park. He also thought that senior housing was an excellent idea. He said this and previous councils for this city don't seem to have done anything to improve the quality of life below Foothill Blvd. He said he would like to see a local park where you don't have to pack up the kids. Fred Rowe, 9389 San Bernardino Rd., said if this project goes through, it would not be reminiscent of Route 66, and it is not our legacy in Rancho Cucamonga. He said we have a history and legacy that should be provided for eternity. Steven Wright, 9300 Tryon, said he is not a racist. He said if this Iow-housing income project goes through, this neighborhood would not be what it was, and it will drive the value of the properties down. He is now putting major projects on hold, as he now might have to move if properly values drop and crime rates rise. He said he has heard that this is a done deal. Tom Conroy, 9430 Tryon St., said his concerns were property values, robberies, assaults, beatings, etc., all things that happen in Iow-income housing. He is also concerned about the over-crowded schools. Jeff Siens, 9329 Tryon St., said he wants to echo what has already been said. He would like to see an amendment put in on this to allow no more than a six-unit per acre maximum. He asked how many concerned residents need to speak before the Council tonight before anything is implemented. Dianne Ballay, 9531 Tryon, spoke again regarding the school issue. She said every person she has spoken to at the school does not want this to go through. She wants to speak for them, as they can't come due to conflict of interest. Mayor Alexander reminded the audience that the City Council does not implement school policies. He said the way they act, unfortunately, is that they are completely reactionary and not proactive. Terry Johnson, 9657 Langston, said his concerns are regarding traffic and schools. Isabel Montanez, 7815 Layton, said she's here to support her neighbors and she does not want anything to change. A recess was taken at 9:05 p.m. The Council reconvened at 9:28 p.m. with all members present. Mark V. Vaerini, 9269 Birch St., said it appears that anyone who lived west of Hellman was not notified about any of the meetings with the builder, etc. He only received a notice about tonight's meeting. He stated he feels that they would broaden this a little and go all the way to Vineyard, Base Line, and Foothill. He said he does not want affordable housing close to his home when he is not there to protect his wife and child. He said he works for a fire department and has seen what affordable housing does to neighborhoods and to the "call load." He would like the Council City Council Minutes August 21, 2002 Page to think about this. He said he would like to be a little more involved with what's going on in the neighborhood, as he can't afford to move, and he does not want to move. Scott Robbins, 9631 Effen, stated he previously lived in a bad area and that's why he moved here. He said in a developed and well-joined community such as this one, dumping this amount of people, Iow income or not, is not a good thing. He also expressed his concerns regarding the over crowded schools, traffic and crime. Steve Boston, 7551 Amethyst, stated his concerns with respect to property values, school over crowding, traffic (especially corner of Foothill & Archibald) and water pressure. He said (referring to the map) that it be reversed to make the "yellow section" Commercial instead of Mixed Use. He asked why they would be making the area Mixed Use if somebody didn't have a plan of doing something with that section. He said it does not make sense. Mayor Alexander said these are issues of conformity and there is another item that this is partnered with. He said this particular parcel does happen to have someone who had expressed an interest, and the City asked for a pre application. He said many times there have been zones that have been brought up to a conformity issue where nothing has ever been developed. Mr. Boston said the surrounding neighborhoods go down hill when Iow-income housing appears. Paul Meyndert, 7505 Teak Way, discussed the importance of education, which he felt should be a big consideration. Robert Reddington, 9640 Effen St., said the people in this neighborhood would keep coming; he said there is no better place to live. He said he wants to keep the community the way it is. Darreld Van Westrienen, 7825 Layton St., stated that the school issue is not a matter of a state issue. He would like the group's proposed conditions placed on this property zoning. He said just because this plan was made years ago, doesn't mean that it's good for the City now. He said it is time to change it, and six units per acre would change it and make it right for our community. He asked the following question of the Councilmembers: "If this zoning as proposed went through and a builder offered to build 230 units on a piece of property, as Mr. Mize has, which one of you would be opposed and which one of you would be for that type of housing?" Mayor Alexander said the question is so subjective. He said there are a lot of different types of projects when you call them apartment or multi-family dwellings; some of them happen to be so upscale at $2000/unit per month and some of them may be $700; but to answer your question, "1 might vote on them, but it all depends on the circumstances." Mayor Alexander said the reason he is not going to answer that is because of what's going to follow and that is if there is an appeal. He said it is probably appropriate not to prejudice or bias this particular body. He said he would like to answer, but, unfortunately there is a legal reason not to." Craig Fox, Deputy City Attorney, said there will be public hearings on any projects that come before the Council, and it is inappropriate at this time for the Council to express a position one way or the other, because later then a developer could simply accuse them of determining their decision. Mr. Van Westrienen said, "1 know that proposal won't happen before November." There being no further comments, the public hearing was closed. Mayor Alexander asked Mr. Buller to address the questions asked. City Council Minutes August 21,2002 Page ]2 Brad Buller, City Planner, said he and Larry Henderson, Principal Planner, have been noting the comments/questions. He said most were comments and not questions. He said one of the issues was crime. He said regarding that, he has met with the Police Chief. He said the residents keep raising issues of personal experience and statistical information from studies. Mr. Buller said that the City has numerous apartment projects throughout the City. He said a lot of them in very similar juxta positions to single family detached housing tracts. He said the City to date has not experienced what these residents are saying are issues that they have experienced in other areas that they have lived. He said the issue of crime is a difficult one to analyze, determine where and what causes it, but the City has no statistical information. He said they have asked the residents to show us studies that they have so that they could be compared with what is known in Rancho and then try to address those issues. He said he is aware that there have been neighborhood watch issues in this neighborhood. He said it might be, even now, a good reason to reactivate those. Mr. Bullet said related to students and school issues, the State adopted a law that all cities are obligated to follow and that is cities cannot deny a project based on school impacts. He said the zoning and General Plan that is before the City, the City is obligated, purely on school issues, to say "yes" if, in fact, it meets the local agency's zoning guidelines. He said any developer, whether commercial or residential, simply have to pay a fee; the City cannot deny a project based on school impacts. Mr. Buller gave an analogy: "If this project site was to go single family, detached housing, you would actually have more students even at 6 to 8 dwelling units per acre than you would if the apartment proposal." He said the student population generation numbers that a school district will use between a single family detached house will be higher than they will be in an apartment. He said statistically what school districts do is count how many students are generated from single family versus multiple family properties that are developed in their district. He said they all vary a little bit, but generally speaking you will have a higher student population in a single family detached housing project than you will in an apartment project. He said he spoke with the County School Superintendent and the School Superintendent of this elementary school district, and the numbers are higher for single family. Mayor Pro Tem Williams clarified that the formula he mentioned (that there are more students from a single family detached housing project than an apartment project) is that of the school district and not the City. Brad Buller, City Planner, answered affirmatively. Brad Buller, City Planner, said related to traffic concerns, the City and the engineering traffic analysis citywide is a constant effort and that is why Haven and some of the other streets were big to begin with. He said Foothill Boulevard Improvements were traffic-calming devices in order to allow the flow of traffic. He said if a project is presented to this city in a formal application, that is, an action that has been submitted for approval, not inquiry of information such as a pre-application or preliminary review, traffic evaluations must occur to address the amount of traffic, points of ingress and egress; but that has not yet been presented to the Council or to the Planning Commission. Brad Buller, City Planner, said related to property values, this could be debated for a long time, but the City has not seen the determination that apartments, in general, subsidized or not, have devalued a tract of single family homes in the immediate area. He said property values in Rancho Cucamonga continue to increase and in the City there are developers developing Mixed Use projects, that is apartments next to single family, next to condominiums, and those neighborhoods are very successful and some of those home prices are very high being right next to those type of projects. Brad Buller said regarding the issue of the request of what is the probability of changing from 14 dwelling units per acre to something like 8 or 6 dwelling units per acre, he said the only action before this City Council tonight is this 10-acre parcel of land. He said if we leave it Commercial, it does not change the density in that area. He said Mixed Use is a land use designation that gives a developer a chance to move Commercial and Residential around the block to best suit and buffer the issues that the neighborhood, Foothill Boulevard, might bring to that project's design. He said it is a planning flexibility City Council Minutes August 21,2002 Page t3 process that would require a master plan and the neighborhood, the City, the Planning Commission would have a chance to look at any proposal. He said Mixed Use designation was simply to allow a flexible tool by which the project area could be developed. Brad Buller said regarding water pressure, the City will find out from the Water District what they are experiencing and let them know that this issue was presented to us by a group of neighbors in our City. Brad Buller said we general plan a property before a project as historically the State requires every City to have a General Plan and it requires zoning. He said there are cities at all levels of developments; the State mandates that we have general planning and zoning prior to development; sometimes that's 20 years ahead of the time that the property is developed and sometimes it's concurrent if they want to change it. Brad Buller stated regarding density bonus, there is a State requirement that cities offer density bonuses for affordable housing. He explained how the density bonus is applied. He said, unfortunately, that is a State law and the State dictates that we are obligated to evaluate. Councilmember Dutton stated that Tony Mize does not make any decisions for this City. He said nobody makes a decision for this City except for the citizens who live in this city and this Council. He said that he (Mr. Mize) does not control anything. The ordinances were addressed in the following order, however the minutes will remain in agenda order: No. 687,686 and 686 Kathryn L. Scott, Deputy City Clerk, read the flue of ordinance No. 685. ORDINANCE NO. 685 (1st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00448 TO ADD TEXT PROVISIONS FOR MIXED USE DEVELOPMENT FOR :lANG---AREAS; AREA ONE, APPROXIMATELY 55 ACRES, LOCATED ON THE NORTH AND SOUTH SIDES OF FOOTHILL BOULEVARD BETWEEN GROVE AVENUE AND THE ABANDONED SOUTHERN PACIFIC RAILROAD CORRIDOR (TRESTLE) ALSO KNOWN AS THE "BEAR GULCH AREA"; .~.HD .~.RE.~. .'P.~!O, ,~.PPROX!.M.~.TELY 37.5 .~.CRE~, LOC.~.TED ©H THE ,~,VEH'JE ,~,.HD HELL.MAN ,~,VE.NUE MOTION: Moved by Dutton, seconded by Biane to amend, as follows, waive full reading and set second reading of Ordinance No. 685 for September 4, 2002: Amend by deleting last three lines of Ordinance Title, Area Two (North side of Foothill Boulevard between Hellman Avenue and Archibald Avenue), and delete in the body of the Ordinance Area Two Table on Page 359. Motion carried unanimously, 5-0. Kathryn L. Scott, Deputy City Clerk, read the title of ordinance No. 686. ORDINANCE NO. 686 (1st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446A AMENDING THE DEVELOPMENT DISTRICT MAP TO CHANGE THE LAND USE DESIGNATIONS FROM GENERAL COMMERCIAL, COMMUNITY COMMERCIAL, OFFICE, OFFICE PARK, AND SPECIALTY COMMERCIAL TO MIXED USE FOR 55 ACRES OF LAND LOCATED ON THE NORTH AND SOUTH SIDES City Council Minutes August 21,2002 Page t4 OF FOOTHILL BOULEVARD BETWEEN GROVE AVENUE AND THE ABANDONED SOUTHERN PACIFIC RAILROAD CORRIDOR (TRESTLE), ALSO KNOWN AS THE "BEAR GULCH AREA," AS PHASE II OF THE GENERAL PLAN CONSISTENCY PROGRAM - APN: 207- 011-33, 35, 36, 43, 44, AND 45; 207-101-13, 17, 24, 25, 31, AND 41; 207- 111-01, 02, 05 THRU 17, AND 23; 207-112-03 THRU 06, 09 THRU 11, 13 THRU 16, 20, AND 21; 207-113-01 THRU 18, 23 THRU 25; 207-123-33, AND 34; 207-571-75 THRU 78 MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 686 for September 4, 2002. Motion carried unanimously 5-0. Kathryn L. Scott, Deputy City Clerk, read the title of ordinance No. 687. ORDINANCE NO. 687 - NOT APPROVED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446B AMENDING THE DEVELOPMENT DISTRICT MAP TO CHANGE THE LAND USE DESIGNATIONS FROM COMMUNITY COMMERCIAL, SPECIALTY COMMERCIAL, AND UTILITY TO MIXED USE FOR 10 ACRES OF LAND AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE- APN: 208-151-01, 14 THRU 16, AND 19; 208-152-06, 07, 09 THRU 12, 14, 16 THRU 22; 208-153-01 THRU 05, AND 08 THRU 23 MOTION: Moved by Dutton, seconded by Baine, Curatalo and Williams to deny Ordinance No. 687. Mayor Alexander said to the residents that they would have to continue to watch what happens. This vote simply says that no action is being taken; it doesn't mean that other people can't come in there. He said the residents have to be continuous in watching it. Councilmember Williams stated that the residents need to be involved with whatever gets proposed. She said they should think about what could work there that could benefit the City and stay in the keeping of their neighborhood. She said it has never been the City's policy to do anything that would be detrimental to any neighborhood on purpose. She said something eventually would have to happen there. G. PUBLIC HEARINGS Gl. MOVED FROM CONSENT CALENDAR ITEM NO. 5. APPROVAL OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR THE EXTENSION OF DAY CREEK BOULEVARD AND THE WIDENING OF BASE LINE ROAD AT APN: 0227-161-21 AS PART OF THE PROPOSED PHASE 1-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 Staff report presented by Maria Perez, Assistant Engineer. Regina Danner, Law Offices of Richards, Watson & Gershon, stated that the City conducted reasonable efforts in order to negotiate and reach a voluntary acquisition for this parcel. She said the City did extend the statutory offer pursuant to Government Code Section 7267, and the property owners were provided a name and telephone number whom to contact if they had any questions. She said she received a phone call from a property owner subsequent to sending additional information that they requested. She advised him that it was his choice to talk to her or the City but that she did represent the City, and she City Council Minutes August 21,2002 Page ]5 thought it would be more appropriate, unless Council represented him, to talk directly to the City to avoid any ethical concerns. She said she believed that he did call City staff and staff returned his call; he, however, never did return their phone call. She said the City has complied to all statutory requirements in order to attempt to reasonably negotiate with the property owners. She said the attorney representing the property owners sent a letter on August 16, 2002, to the City Clerk requesting that their letter of objections be incorporated into the record. She contacted him to inform him that the letter would so be incorporated into the record. She said based on that, the property owner's attorney sent a letter indicating that no one would be appearing from his office to make an oral presentation. Mayor Alexander opened the meeting for public hearing. There being no comment, the public hearing was closed. RESOLUTION NO. 02-231 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE EXTENSION OF DAY CREEK BOULEVARD AND THE WIDENING OF BASE LINE ROAD AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 02-231. Motion carried unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS H1. PRESENTATION ON THE SECOND EDITION OF THE CITY'S ANNUAL REPORT (Oral) Kimberly Thomas, Management Analyst II, gave the presentation. She reported that the Second Edition of the Annual Report has arrived and is inserted in the Fall 2002 addition of "The Grapevine," and was delivered to all residents in August. She added that the report would be made available through the City's Website, Library and other City facilities, as well as the Rancho Cucamonga Chamber of Commerce. Staff will provide copies to surrounding cities and legislators. She said it is the City's goal to promote the publication to make sure the community is aware of this informative and useful tool. H2. CONSIDERATION TO APPROVE THE SAN BERNARDINO COUNTY NON-MOTORIZED TRANSPORTATION PLAN, AND LOCAL SUPPLEMENT, AS THE CITY'S BICYCLE TRANSPORTATION PLAN Staff report presented by Dan Coleman, Principal Planner. Councilmember Baine if this information is available on the City's website. Dan Coleman stated it would be available after the Resolution is approved. RESOLUTION NO. 02-237 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE SAN BERNARDINO COUNTY NON- MOTORIZED TRANSPORTATION PLAN 2001 UPDATE AND LOCAL SUPPLEMENT THERETO AS THE CITY'S BICYCLE TRANSPORTATION PLAN City Council Minutes August 21, 2002 Page ]6 MOTION: Moved by Williams, seconded by Biane to approve Resolution No. 02-237. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Douglas Pure, 7970 Layton St., stated he appreciates the Council's time this evening. He said when this issue comes up again, he asked for a couple weeks notification and asked that the area be widened to include between Archibald & Vineyard and Church and Foothill. Mayor Alexander said the City would notify those who did sign in at this meeting and if there are other people in those areas that he would like to add to the list for this project area, he may do so. K2. Raul Delgado, 4758 West Arrow Rte., #102, Upland, questioned what he considered an unlawful sign on the northwest corner of Grove Avenue and Arrow Highway. Dan Coleman, Principal Planner, clarified that the location of the sign is actually in the city of Upland. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:37 p.m. Respectfully submitted,, , Deputy City Clerk Approved: September 18, 2002