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HomeMy WebLinkAbout2003/11/05 - Minutes November 5, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, November 5, 2003, at the Cucamonga County Water District facilities located at 10440 Ashford Street, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; and Joe O'Neil, City Engineer. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) II Mayor Alexander announced the closed session item. BI. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF 1-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF BASE LiNE ROAD, WEST OF DAY CREEK BOULEVARD, FOR THE WIDENING OF BASE LINE ROAD AND CONSTRUCTION OF DAY CREEK BOULEVARD (12215 BASE LINE ROAD. APN 0227-161-21); OSSI PIEROTTI, ANNA MARIE PIEROTTI AND WILLIAM J. O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING RESOLUTION OF S~-I I LEMENT - CITY II C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. City Council Minutes November 5, 2003 Page 2 E. RECESS The closed session recessed at 6:42 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re~lular Meeting A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 5, 2003, at the Cucamonga County Water District Board Room, located at 10440 Ashford Street, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:38 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander (left the meeting at 8:16 p.m. due to illness). Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Office; Rose Colum, Budget Analyst; Helen Leeds, Sr. Accountant; Lorraine Phony, Information Systems Analyst; Michael Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Brad Buller, City Planner; Dan Coleman, Principal Planner; Larry Henderson, Principal Planner; Debra Meier, Associate Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael and Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS [ B1. Presentation of Certificates from the League of California Cities in Recognition of Councilmember Howdyshell and Councilmember Kurth for the Completion of Basic Leadership Program at the 2003 Annual Conference. Kurt Wilson, 1st Vice President of the Inland Empire Division of the League of California Cities and also serves as Mayor Pro Tem for the City of Rialto explained the Leadership Program and presented the plaques to Councilmembers Kurth and Howdyshell. Councilmember Kurth told about all of the assistance the League of Cities provides Rancho Cucamonga. B2. Presentation of Certificates to Jim and Gwyn Frost for their commitment to promoting the history of the City during the City's Silver Anniversary celebration. City Council Minutes November 5, 2003 Page 3 Mayor Alexander presented certificates to Jim and Gwyn Frost and thanked them for their contribution as the City celebrated its Silver Anniversary. B3. Presentation of a Proclamation in recognition of "National AIzheimer's Disease Month 2003". Mayor Alexander presented the Proclamation to Florene Boyar, Development Officer with the Inland Empire Region of the Alzheimer's Association of Los Angeles, Riverside and San Bernardino Counties, and Todd Landry, President of the Advisory Counsel to the Inland Empire Region of the Alzheimer's Association and Board Member, Secretary/Treasurer, of the Alzheimer's Association.of Los Angeles, Riverside and San Bernardino Counties. II c. PUBLIC COMMUNICATIONS II C1. Pauline Dean stated she was recently taken to the hospital by the paramedics and wanted to thank them for their concern and for the card they also sent her. C2. Carol Douglas, Alta Loma RidingClub/Emergency Response Team (ERT), stated they were a small part of all of the people that helped with the fire. She stated they assisted the Fire Department with large animal evacuations. She stated they are members from the various agencies that do the work for the Fire Department. She continued informing the Council about the work they did to save the large animals. C3. Linda Walters, Sunflower Avenue, felt the Council should reconsider some of the ordinances relating to the preservation of eucalyptus trees because of the debris problems they create after the winds. She also commented how they can topple and create safety hazards and also damage fences. She also felt they were a fire hazard and very expensive to maintain. C4. Malon Sampson, Haven View Estates, commended the fire fighters for the work they did to protect the City last weekend. He commented on the levy in his area that was allowed to be removed. He stated it was also concluded that the debris basin at Deer Creek was undersized. He stated now that we have had a devastating fire it has removed the rest of the vegetation that would slow erosion. He felt if there is a lot of rain there could be mudslides that could be very destructive. He hoped that the City could come up with a plan to protect their homes from mudslides if there are heavy rains. C5. Gwyn Frost stated she has been bringing history to the Cit,YthCOuncil meetings this past year. She hoped there would be a Children's Museum built by the City's 30 Anniversary and stated she would be working on this project. C6. Steve Rentoria, Kenyon Way, thanked the Fire Department for the work they did to protect the City. He asked what the process is to get a stop sign at Victoria Groves and Fairmont. He felt there was no sound study done south of the freeway at Milliken. He stated the noise in that area is pretty bad and wanted to make the City aware of this. C7. Dianna Mitchell thanked the Fire and Police Departments for their work. She felt there was a lot of teamwork involved to fight the fire. She stated there are now problems with the natural wildlife that is injured. She asked how they rebuild under the power lines in an organized fashion. She felt the road closure policy should also be looked at that the Sheriff's Department uses during emergencies. She felt the fire fighters were amazing. She added she is also concerned when the rains come. C8. John Lyons thanked Chief Michael of the Fire District for the outstanding job the firemen did. He stated ranchorecall.org is linked to Rex Gutierrez on the City's website and that it was sabotaged during the recall effort. He felt this may have violated people's rights because the site was tampered with. City Council Minutes November 5, 2003 Page 4 Councilmember Gutierrez stated he was contacted by the gentleman that secured the website for the recall committee and that he manipulated the website so that when it is pulled up it would connect to the City's website and his picture. A recess was taken at 8:16 p.m. The meeting was called back to order by Mayor Pro Tern Williams at 8:28 p.m. with all Councilmembers present except Mayor Alexander who left the meeting due to illness. C9. Leslie Grimes stated she would like a copy of the tape so she would have Councilmember Gutierrez's comments on tape. She wanted to thank the Fire Department for the good job they did during the recent fires. She commented on the homes on Turquoise and how they are okay and still standing. She told about how brave the firemen were and how one of them felt he was a failure because he was not able to protect one of the homes. She talked about the home on the hill with the star on top and how people have seen that star for the last time. She stated the City needs flood control more now than ever because of the fire. She hoped that the City would prepare something so people know how to prepare their homes and protect them from flooding. She felt public service messages would be helpful. II ~. COUNCIL COMMUNICATIONS ~ D1. Councilmember Gutierrez stated he is very proud of the personnel that assisted with the fires, including the businesses that made donations. He stated this is a wonderful community and thanked the Fire and Police Departments for all of the work. He felt many neighbors got together and got to know each other because of the fire. He felt this has made the community stronger. He commented about wanting to know what things a person takes when they are threatened by the fire and evacuated. He stated the City is concerned about the debris that will be coming down the mountains and the potential for flooding after the fire. He stated he is concerned about people maintaining trees on their own personal property. He stated he is sorry for those that have lost their homes. He thanked the Frost family for reminding everyone of who we are. D2. Councilmember Howdyshell stated he echoed the accolades for the safety personnel. He thanked the business owners for their donations. He stated the Alta Loma Riding Club not only evacuated horses, but other large animals. D3. Councilmember Kurth thanked everyone who helped out with the fire. He talked about how the word pertaining to various actions relating to the fire gets distributed to everyone involved. He stated he was out on the fire line and the groat experience it was. He talked about the commitment of the firemen to save the City. He stated these past four days he was in Washington, D.C. for a medical conference. He stated he visited staff members of Senators Feinstein and Boxes and Congressman Dreier. He stated he showed them pictures of the fire. He stated it is up to everyone to do what they can to protect their homes from flooding and other damage. He also invited everyone to the parade on Saturday. D4. Councilmember Williams stated she had a phone call from someone that was thanking the Code Enforcement Division for enforcing the City's codes because that probably saved some homes from burning. She thanked Chaffey High School District for turning over their schools to help out during the fire. She commented what an operation the EOC was. She stated Rancho Cucamonga was one of the few cities that had a lifeline for people to use to learn about the fire conditions. She commented that she did work the phone bank to assist people that called in. City Council Minutes November 5, 2003 Page 5 E. CONSENT CALENDAR El. Approval of Minutes: October 1,2003 E2. Approval of Warrants, Register Nos. October 7 through October 27, 2003 and Payroll ending October 27, 2003 for the total amount of $3,652,865.41. E3. Approval of Landmark Designation DRC2003-00630 - James Bank, Jr. and Marsha Meeks Banks - A request to designate the Hippard Ranch Vineyards as a Designated Local Landmark. The Vineyard is located at 13100 Victoria - APN: 0227-121-54 and 0227-121-53. (Related file: Mills Act Agreement DRC2003-00631). RESOLUTION NO. 03-268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2003-00630 DESIGNATING THE HIPPARD RANCHO VINEYARDS A HISTORIC LANDMARK, LOCATED AT 13100 VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-121-53 AND 54 E4. Approval of Mills Act Application DRC2003-00631 and Mills Act Agreement (CO 03-119) - James Banks, Jr. and Marsha Meeks Banks - A request to implement the use of the Mills Act to reduce property tax on the Hippard Ranch Vineyards, currently applying for Historic landmark Status, located at 13100 Victoria- APN: 0227-121-54 and 0227-121-53. (Related file: Landmark Designation DRC2003-00630). E5. Approval of Landmark Designation DRC2003-00628 - James Banks, Jr. and Marsha Meeks Banks - A request to designate the Etiwanda Telephone Switching Station as a Designated Local Landmark. Building is located at 13103 Victoria - APN: 0227-121-31. (Related file: Mills Act Agreement DRC2003- 00629). RESOLUTION NO. 03-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2003-00628, DESIGNATING THE ETIWANDA TELEPHONE SWITCHING STATION AND WATER TANK A HISTORIC LANDMARK, LOCATED AT 13103 VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-121-31 E6. Approval of Mills Act Application DRC2003-00629 and Mills Act Agreement (CO 03-120) - James Banks, Jr. and Marsha Meeks Banks - A request to implement the use of the Mills Act to reduce property tax on the Etiwanda Telephone Switching Station, currently applying for Historic Landmark Status, located at 13103 Victoria- APN: 227-121-31. (Related file: Landmark Designation DRC2003-00628). E7. Approval of Historic Point of Interest Designation DRC2003-00818 - City of Rancho Cucamonga - A request to designate the Blessent residence located at 9317 6th Street as a Historic Point of Interest - APN: 0210-062-05. (Related file: Tentative Tract Map SUBTT 16311). City Council Minutes November 5, 2003 Page 6 RESOLUTION NO. 03-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POINT OF INTEREST DRC2003-00818 DESIGNATING THE BLESSENT PROPERTY AS A HISTORIC POINT OF INTEREST, LOCATED AT 9317 6TM STREET - APN: 0210-062-05 E8. Approval of a Professional Services Agreement (CO 03-121) with Lilburn Corporation and authorization to prepare an Environmental Impact Report associated with Tentative Tract 16324, which also includes a General Plan Amendment, and a request for annexation for a proposed project located at the northerly end of Wardman-Bullock Road; and authorization to appropriate additional funds equal to the contract amount of $76,553, into account number 1001000-4509 (Planning-Special Service Fees) and account number 1001314o5303 (Contract Services - Reimbursable). Eg. Approval to release the Faithful Performance and Labor and Material Bond for Tract 15766, located on the north side of Base Line Road, approximately 800' west of Victoria Park Lane, submitted by D. R. Horton. El0. Approval to release Maintenance Guarantee Bonds for DR 99-77, located on the southeast comer of Hermosa Avenue and Sixth Street, submitted by Cabot Industrial Properties. Ell. Approval to release Maintenance Guarantee Bond for Base Line Road South Side Parkway Landscaping, for Tract 15947 and Tract 15948, located at the southwest corner of Base Line Road and Etiwanda Avenue, submitted by WL Homes LLC DBA John Laing Homes. E12. Approval to release Maintenance Guarantee Bond for Tract 15948, located at the southeast corner of Etiwanda and Base Line Road, submitted by WL Homes LLC, DBA John Laing Homes. E13. Approval to release Maintenance Guarantee Bond for Parcel Map 14376, located at the northwest corner of Rancheria and Red Hill Country Club Drive, submitted by Longwell Investments, Inc. E14. Approval to accept Improvements, reiease Faithful Pedormance Bond, accept a Maintenance Bond, file a Notice of Completion for Improvements for DRC2002-00040, located on the east side of Hermosa Avenue, north of Sharon Circle, submitted by 7th and Hermosa JP/PI, LLC (Panattoni Development). RESOLUTION NO. 03-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00040 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E15. Approval to accept improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for Regional Plant #4 (CUP 90-16), located at 6th Street and Etiwanda Avenue, submitted by Chino Basin Municipal Water District. RESOLUTION NO. 03-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR REGIONAL PLANT #4 (CUP 90-16) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes November 5, 2003 Page 7 E16. Approval to accept Improvements, Release the Faithful Pedormance Bond and File a Notice of Completion for improvements for DR00-08, located at the northwest corner of Fourth Street and Santa Anita Avenue; submitted by Vichen Corporation. RESOLUTION NO. 03-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR00-08 AND AUTHORIZING THE FILING OFA NOTICE OF COMPLETION FOR THE WORK E17. Approval to accept improvements, release the Faithful Performance Bond and filea Notice of Completion for improvements for DR99-59, located at the northwest corner of 7th Street and Toronto Avenue, submitted by Oxmoor II, Inc. RESOLUTION NO. 03-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR99-59 AND AUTHORIZING THE FILE OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16217, located on the west side of Milliken Avenue, south of Greenway Park, submitted by Western Land Properties and LDC Cougar, LLC. RESOLUTION NO. 03-275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16217 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to accept improvements, release the Faithful Performance Bond, accept the Maintenance Bond and file a Notice of Completion for improvements for Tract 16105, located between East Avenue and the 1-15 Freeway, south of Base Line Road, submitted by K. Hovnanian Forecast Homes, Inc. (formerly Rancho Cucamonga land Co., LLC). RESOLUTION NO. 03-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16105 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E20. Approval of Improvement Agreement, Improvement Securities, and Real Property Improvement Contract and Lien Agreement for Project DRC2002-00806, consisting of the conversion of a Local Historic Residential landmark to an Office, located at 10213 Foothill Boulevard, submitted by $oheila and Faramarz Azizi. RESOLUTION NO. 03-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PROJECT DRC2002-00806, PHASES I AND II City Council Minutes November 5, 2003 Page 8 RESOLUTION NO. 03-278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PROJECT DRC2002-0086, PHASE III E21. Approval of map, Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16371 located on the southwest corner of Victoria Park Lane and Base Line Road submitted by Greystone Homes, Inc., A Delaware Corporation- APN: 227-171-28. RESOLUTION NO. 03-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16371, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 03-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 FOR TRACT 16371 E22. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for DRC2001-00437 located at the northeast corner of Haven Avenue and Town Center Drive, submitted by Exxon Mobile Oil Corporation. RESOLUTION NO. 03-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR02001-00437 RESOLUTION NO. 03-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AND ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR DRC2001-00437 E23. Approval of map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16373 located on the northwest corner of Victoria Park Lane and Church Street submitted by US Home Corporation - APN: 227-171-32. RESOLUTION NO. 03-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16373, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY City Council Minutes November 5, 2003 Page 9 RESOLUTION NO. 03-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16373 E24. Approval to accept the Beryl Park Tot Lot and Irrigation Renovation Project, Contract No. 02-041, as complete, approval to appropriate $41,223.18 to Account No. 11203055650/1204120-0 from Park Development fund balance, retain the Faithful Pedormance 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 $561,223.18. RESOLUTION NO. 03-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BERYL PARK TOT LOT AND IRRIGATION RENOVATION PROJECT, CONTRACT NO. 02-041, AND AUTHORIZING THE FILE OF A NOTICE OF COMPLETION FOR THE WORK E25. Approval of a Resolution ordering to be vacated the remaining portions of two alleys and disposition of a portion of City-owned property, generally within the Northtown Area, located on the south side of Feron Boulevard, west of Hermosa Avenue, submitted by Northtown Housing Development Corporation (V-195). ITEM CONSIDERED UNDER ADVERTISED PUBLIC HEARINGS PER MEMO ON FILE IN THE CITY CLERK'S OFFICE. RESOLUTION NO. 03-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED THOSE PORTIONS OF CITY STREETS (ALLEYS) GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE RESOLUTION NO. 03-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEEDS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "E" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED HEREIN E26. Approval of the final property settlement (CO 03-122), in conjunction with CFD 2001-01 Right-of- Way Acquisition of Base Line Road and Day Creek Boulevard, at the Pierotti Parcel, to be funded from CFD 2001-01 funds, Account No. 16123035650-1442612-0 and to appropriate in the amount of $421,760.00 - Assessor's Parcel Number 227-161-21. City Council Minutes November 5, 2003 Page 10 E27. Approval of Tract Map 16279-1, located on the north and south sides of Highland Avenue, between Etiwanda and East Avenues submitted by Toll Brothers Land Development - APN: 227-051-01, 04, 05, 06, 09 and 28 and 227-061-05. RESOLUTION NO. 03-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16279-1 E28. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue to be funded from Account No. 11763035650/1373176-0 (Measure 'T' Funds). RESOLUTION NO. 03-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E29. Approval to enter into a Professional Services Agreement (CO 03-123) with Grueneich Resoume Advocates to provide regulatory/utility legal services, in an amount not-to-exceed $85,000 for the remainder of FY 2003-04, to be funded from Account No. 1025001-5300; and approval to transfer $75,000 from Account No. 1025001-5417 (General Liability Claims) to Account No. 1025001-5300 (Contract Services). MOTION: Moved by Kurth, seconded by Howdyshell to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item E25 which was considered under Advertised Public Hearings. Motion carried unanimously 4-0-1 (Alexander absent). f. CONSENT ORDINANCES Fl. CONSIDERATION OF ADDENDUM TO CiTY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT CODE AMENDMENT DRC2003- 00616 - CITY OF RANCHO CUCAMONGA - A request to amend Chapter 17.30 of the Development Code to redesignate the Industrial Districts Subarea 8 portion of Day Creek Boulevard south of Foothill Boulevard, east of Rochester Avenue from a Secondary Street to a Modified Local Collector Street - APN: 0229-021-20, 34, 47, 53, 54, and 55. Related Files: General Plan Amendment GPA2002-00002, Tentative Parcel Map SBUTPM16033, Conditional Use Permit DRC2002-00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. Debra J. Adams, City Clerk, read the title of Ordinance No. 717. City Council Minutes November 5, 2003 Page 11 ORDINANCE NO. 717 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED iN FIGURES 17.30.080-J AND 17.30.040-B AND TEXT CHANGES TO SECTION 17.30.080.1.4 AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-20, 34, 47, 53, 54 AND 55 MOTION: Moved by Howdyshell, seconded by Kurth to waive full reading and approve Ordinance No. 717. Motion carried unanimously 4-0-1 (Alexander absent). CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00858 - FOOTHILL CROSSING, LLC - The review of a Development Agreement for a proposed shopping center of up to 315,000 square feet that includes in-line retail stores and individual retail pad buildings on 60 acres of land on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commercial District of the Victoria Community Plan - APN: 0229- 021-62, 63, and 64. Related Files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Tentative Parcel Map SUBTPM16033, and Conditional Use Permit DRC2002-00839. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. Debra J. Adams, City Clerk, read the title of Ordinance No. 718 ORDINANCE NO. 718 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00858 WITH FOOTHILL CROSSING, LLC, TO ESTABLISH A PROCESS FOR FINANCING THE CONSTRUCTION OF DAY CREEK BOULEVARD WITHIN THE FOOTHILL CROSSING SHOPPING CENTER, LOCATED ON THE SOUTHWEST AND SOUTHEAST CORNERS OF DAY CREEK AND FOOTHILL BOULEVARDS AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-53 THRU 57 MOTION: Moved by Howdyshetl, seconded by Kurth to waive full reading and approve Ordinance No. 718. Motion carried unanimously 4-0-1 (Alexander absent). City Council Minutes November 5, 2003 Page 12 Il c. ADVERTISED PUBLIC HEARINGS Gl. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVF PARCEL MAP SUBTPM16038 - CARNEY - A request to subdivide .817 acres of land into four pamels in the Low Residential District (2-4 dwelling units per acre) located on the west side of Klusman Avenue, north of Diamond Avenue -APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419, and Minor Exception DRC2003- 00016. (CONTINUED FROM OCTOBER 1, 2003) ITEMS Gl, G2 AND G3 WERE CONSIDERED AT ONE TIME, Staff report presented by Dan Coleman, Principal Planner, who also distributed a revised "Exhibit A" which is on file in the City Clerk's office. Mayor Pro Tern Williams opened the meeting for public hearing. Addressing the City Council were: Glenn Cuzart, Klusman Avenue, stated there is a petition to be signed that these homes not be built. He stated they were told that the neighborhood would love these homes. He stated they want their neighborhood to stay with the same design as the rest of the homes already built. He felt these homes would look funny. He stated he was concerned about the parking. He felt there were safety issues also. He felt they did not get any information about these homes until after the Planning Commission hearing had already occurred. He commented that one of the Planning Commissioners had a conflict of interest with the builder. He stated these homes are too big for the size of the lots. Klm Bolton, Diamond Avenue and lives behind the proposed homes, stated she concurs with Mr. Cuzart's comments, and added she concurs that these homes do not go along with the rest of the neighborhood. She added there are two lots that are less than 8,000 square feet. Sherill Ichiho, Diamond Avenue, felt she was not listened to by the Planning Commission. She stated she cannot visualize the four houses there. She did not think there would be enough parking on the street. She felt this is a problem and that there is something wrong with this plan. Floyd Herndon, Banyan, stated he owns the property in question to be developed. He stated some years back when the Lemon Heights project was built, there was no notification sent out to property owners on Banyan Street. He stated the first he knew of this project was when they started putting in the streets. He continued to talk about the design of the streets. He did not think the Lemon Heights project should affect the design of how his project is designed, because it is not his fault what was done in the past. Cecil Carney, applicant, stated this project has not been pushed through and felt they have met all of the requirements of the City. Sherill Ichiho, Diamond Avenue, felt all of the proposed homes would be looking down into the backyards of homes. There being no further input, the public hearing was closed. Councilmember Kurth felt both sides have good arguments and have rights. He stated he was inclined to support the development. City Council Minutes November 5, 2003 Page 13 Councilmember Gutierrez stated he has been out to this site many times, but would like to go out to the site and look at it again and wished this could be postponed for two more weeks. He felt they should possibly only build three houses so the lots would be larger. He wished this project blended with the neighborhood better. Councilmember Howdyshell asked if homes on Diamond are one or two stories. Brad Buller, City Planner, stated there are both on this street. Councilmember Howdyshell stated he would be willing to postpone this for two more weeks. Mayor Pro Tem Williams asked about the planting of trees to help with the privacy issue. Brad Butler, City Planner, stated the applicant did include some privacy measures in their plans and is willing to plant trees to help out this issue. RESOLUTION NO. 03-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP SUBTPM16038, A SUBDIVISION OF FOUR LOTS ON 1.1 GROSS ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-401-05 MOTION: Moved by Gutierrez, seconded by Kurth to continue the item to November 19, 2003, 7:00 p.m. in the Board Room at the Cucamonga County Water District offices located at 10440 Ashford Street, Rancho Cucamonga, California. Motion carried unanimously 4-0-1 (Alexander absent). G2. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00015 - CARNEY - A request to develop four single family homes on .817 acres of land in the Low Residential (2-4 dwelling units per acre) District located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Minor Exception DRC2003- 00016, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419 and Tentative Parcel Map SUBTPM16038. (CONTINUED FROM OCTOBER 1, 2003) REFER TO ITEM G1 FOR DISCUSSION OF THIS ITEM, RESOLUTION NO. 03-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2003-00015, THE DEVELOPMENT REVIEW OF FOUR HOMES WITHIN TENTATIVE PARCEL MAP NO. SUBTPM16038, ON 1.1 GROSS ACRES OF LAND LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS iN SUPPORT THEREOF- APN: 1062-401-05 MOTION: Moved by Gutierrez, seconded by Kurth to continue the item to November 19, 2003, 7:00 p.m. in the Board Room at the Cucamonga County Water District offices located at 10440 Ashford Street, Rancho Cucamonga, California. Motion carried unanimously4-0-1 (Alexander absent). City Council Minutes November 5, 2003 Page 14 G3. CONSIDERATION OF APPEAL OF VARIANCE DRC2003-00017 - CARNEY - A request for a variance to reduce the required lot depth and reduce the required front setback for four proposed single family residences in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DR02003-00015, Minor Exception DRC2003-00016, Tree Removal Permit DRC2003-00419, and Tentative Parcel Map SUBTPM16038. (CONTINUED FROM OCTOBER 1, 2003) REFER TO ITEM G1 FOR DISCUSSION OF THIS ITEM, RESOLUTION NO. 03-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING VARIANCE DRC2003- 00017 TO REDUCE THE LOT DEPTH FROM 100 FEET TO 80 FEET FOR THE 1.1 ACRE PROPERTY IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1062-401-05 MOTION: Moved by Gutierrez, seconded by Kurth to continue the item to November 19, 2003, 7:00 p.m. in the Board Room at the Cucamonga County Water District offices located at 10440 Ashford Street, Rancho Cucamonga, California. Motion carried unanimously 4-0-1 (Alexander absent). G4. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2003-00709 - CHARLER JOSEPH ASSOCIATES - A proposed amendment to the text of the Development Code to allow self- storage facilities within residential zones, under specific circumstances, with the approval of a Conditional Use permit. Staff report presented by Debra Meier, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Charles Buquet, Charles Joseph Associates, and representing the applicant, stated this amendment would allow for substorage. He stated they have an application for this project, which would allow as a buffer for noise also. He stated this action will allow for the use for this property, and that it is not approving a project. He stated the project will have to go through the approval process. Brad Buller, City Planner, stated the City is supporting the text change, but that the application for the actual project has not gone through the approval process. Councilmember Howdyshell asked if there would be a caretaker on site. Mr. Buquet answered yes. Councilmember Howdyshell asked if this would include RV storage. Mr. Buquet answered yes. Mayor Alexander opened the meeting for pubtic hearing. Addressing the City Council were: City Council Minutes November 5, 2003 Page 15 Eilene Crowl, Valinda Avenue, felt this would set a precedent by doing this. She stated they are concerned about the home values if this is approved. She stated they are concerned about their homes being so close to commercial property. She also presented the City Clerk with two letters which are on file in the City Clerk's office. A female (did not give her name) stated she also concurs with the previous comments m, ade. Tom Jenkins stated he is concerned about the depreciation of his property value if a storage facility is built. He felt something should be done with the lot, but not a storage facility. There being no further comments, the public hearing was closed. James Markman, City Attorney, stated this is a code amendment and that the Council would be voting on if they think this is a feasible idea. Councilmember Gutierrez felt this can work, but that the neighborhood should be protected. Councilmember Howdyshell felt if this is handled correctly, it should suppress some of the noise issues in that area. Councilmember Howdyshell stated he supports the amendment. Debra J. Adams, City Clerk, read the title of Ordinance No. 719. ORDINANCE NO. 719 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00709, AMENDING PORTIONS OF SECTION 17.08 - RESIDENTIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, ALLOWING PUBLIC STORAGE FACILITIES WITHIN RESIDENTIAL LAND USE DISTRICTS UNDER SPECIFIC CIRCUMSTANCES WITH THE APPROVAL OF A CONDITIONAL USE PERMIT, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 719 for the November 19, 2003 meeting. Motion carried unanimously 4-0-1 (Alexander absent). Councilmember Howdyshell asked that staff get with some of the residents and address their concerns. G5. MOVED FROM CONSENT CALENDAR ITEM E25. Approval of a Resolution ordering to be vacated the remaining portions of two alleys and disposition of a portion of City-owned property, generally within the Northtown Area, located on the south side of Feron Boulevard, west of Hermosa Avenue, submitted by Northtown Housing Development Corporation (V-195). Staff report presented by Dan James, Sr. Civil Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes November 5, 2003 Page 16 RESOLUTION NO. 03-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED THOSE PORTIONS OF CITY STREETS (ALLEYS) GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE RESOLUTION NO. 03-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEEDS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "E" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED HEREIN MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution Nos. 03-286 and 03-287. Motion carried unanimously 4-0-1 (Alexander absent). [I H. PUBLIC HEARINGS I No items submitted. II I. CITY MANAGER'S STAFF REPORTS I I1. CONSIDERATION OF A RESOLUTION TO WAIVE PLAN CHECK AND BUILDING PERMIT FEE,c; FOR THE RECONSTRUCTION OF DAMAGED BUILDINGS AS A RESULT OF THE GRAND PRIX FIRF Staff report presented by Trang Huynh, Building Official. Mayor Pro Tern Williams felt this was a good idea and that we should help those people that have had fire damage as much as possible. RESOLUTION NO. 03-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING A TEMPORARY WAIVER OF PERMIT FEES APPLICABLE TO REPAIR AND RECONSTRUCTION OF HOMES DAMAGED IN THE "GRAND PRIX" FIRE MOTION: Moved by Howdyshell, seconded by Gutierrez to approve Resolution No. 03-293. Motion carried unanimously 4-0-1 (Alexander absent). City Council Minutes November 5, 2003 Page 17 I J. COUNCIL BUSINESS II J1. DISCUSSION OF PARKING SPACE SPECIFICATIONS - Oral Report Councilmember Howdyshell stated one of the concerns he heard at an Alta Loma Riding Club meeting was a need for larger parking spaces for larger vehicles. He stated he would like staff to look at the possibility of encouraging larger spaces for the new mall project and bring back a report. Councilmember Kurth stated anytime anyone would like the Council to come and talk with them about any issue, they are always willing. Brad Buller, City Planner, stated he could work with the mall developer to come up with a solution to this issue. J2. LEGISLATIVE UPDATE - Oral Report Councilmember Williams stated there is a new Governor since the last report she gave. She stated the return of the car tax has been promised and that the Governor-Elect has promised to keep the City's whole. She stated the $1,000,000 is still being pursued through the assistance of Congressman Dreier for the 1-15 and 1-210 interchange. II IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. No communication was made from the public. II ~. ADJOURNMENT II MOTION: Moved by Howdyshell, seconded by Kurth to adjourn. Motion carried unanimously 4-0-1 (Alexander absent). The meeting adjourned at 10:19 p.m. City Clerk Approved: December 3, 2003