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HomeMy WebLinkAbout2004/06/02 - Minutes June 2, 2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. C=LTO O ER I The Rancho Cucamonga City Council held a closed session on Wednesday, June 2, 2004, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 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. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; William P. Curley III, Deputy City Attorney; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. Il B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I Mayor Alexander announced the closed session item. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER; PAMELA EASTER, DEPUTY CITY MANAGER; AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY l[ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session item. l[ D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. l] E. CITY MANAGER ANNOUNCEMENTS AND R~PORTS II F. P CESS Tho closed session recessed at 6:54 p.m. with no action taken. City Council Minutes June 2, 2004 Page 2 CiTY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re,qular Meeting I ^. II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 2, 2004, 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 7:11 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Also present were: Jack Lam, City Manager; James Markman, City Attorney; Pamela Easter, Deputy City Manager; Linda D. Daniels, RDA Director; Larry Temple, Administrative Services Director; Ingrid Bruce, GIS/Special Districts Supervisor; Lorraine Phong, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Mike TenEyck, Administrative Resource Manager; Dan James, Sr. Civil Engineer; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst III; Nettie Nielsen, Recreation Supervisor; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Kimbedy Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS II Jack Lam, City Manager, requested the Council add as item B3, Resolution No. 04-185, to show support for the Cucamonga Valley Water District (CVWD) in their declaration of an emergency water condition existing in the District, with a presentation to be given by JoLynne Russo-Pereyra of CVWD. Mr. Lam also stated it is also requested to add as item E13, Resolution No. 04-'186, approval to go out to bid for the Victoria Gardens Cultural Center. MOTION: Moved by Kurth, seconded by Howdyshell to approve the addition of Resolution No. 04-186 to the agenda as stated above. Motion carried unanimously 5-0. B1. Presentation of a Retirement Badge and Commemorative Plaque to Robert Corcoran, Deputy Fire Chief, in honor of his retirement after 30 years with the Fire District. Mayor Alexander and Chief Peter Bryan presented a Retirement Badge and Commemorative Plaque to Robert Corcoran and talked about his accomplishments during his years with the Fire District. B2. Presentation of a Proclamation in recognition of"National Trails Day." The Council presented the Proclamation to Pam Stewart, Planning Commissioner, Patricia Carlson, Parks and Recreation Commissioner, Nola Cannon, President of Alta Loma Riding Club, and Carol Douglas, City Liaison, Alta Loma Riding Club. Alison Rowlen, Code Enforcement Officer, informed the Council about the trail clean-up program that would take place in June. City Council Minutes June 2, 2004 Page 3 Carol Douglas, Alta Loma Riding Club, thanked the City for its trails system. Patricia Carlson, Parks and Recreation Commissioner, thanked Nola Cannon, Carol Douglas, the City and all of the volunteers for what they have done for the trails system. She asked everyone to join them on June 12 for the trails clean up. B3. ADDED ITEM - Approval of Resolution 04-185 to show support for the Cucamonga Valley Water District (CVVVD) in their declaration of an emergency water condition existing in the District, with a presentation to be given by JoLynne Russo-Pereyra. MOTION: Moved by Kudh, seconded by Williams to approve the addition of Resolution No. 04-185 to the agenda as stated above. Motion carried unanimously 5-0. JoLynne Russo-Pereyra, Cucamonga Valley Water District (CVWD), gave a presentation about the water conservation measure to take place beginning June 7 and lasting for five to seven days due to the upcoming closure of a major Metropolitan Water District line needing repairs. She added customers will be getting post cards in the mail informing them of these conservation effods. She indicated there would be a community meeting on Thursday, June 3 at 6:00 p.m. at CV~ND to answer any questions. She stated she has a "tip sheet" on the back table for customers to have and that it would also be on their website or people could call 987-2591. Mayor Alexander stated he is concerned if there is an emergency situation such as a fire. He felt a lot of people do not know about this. JoLynne Russo-Pereyra, CVWD, stated they are doing everything possible to inform the public and that they will be in contact with fire and police as well. Mayor Alexander inquired who was responsible for this bad water line. JoLynne Russo-Pereyra, CVWD, stated it is the Metropolitan Water District's (MWD) line. She stated the bad portion of the line that needs repaired is in the Claremont area. Councilmember Kudh asked if people cut back will there be enough water to last us. JoLynne Russo-Pereyra, CVWD, felt there would be if people cut back by the suggested 50%, which is their conservation goal. Mayor Alexander asked if Mr. Russo-Pereyra could give some suggestions to people on how to water their landscape during this time of conservation. JoLynne Russo-Pereyra, CVWD, gave some suggestions as requested by the Mayor. Councilmember Williams asked if they have notified other public buildings and mobile home parks. JoLynne Russo-Pereyra, CVVVD, stated they are contacting those people and also homeowner's associations, developers, businesses and many others about this. Councilmember Kurth felt everyone in the community should pull together and cut back on their water usage. Joe O'Neil, City Engineer, stated the City is the biggest user of water from CVWD because of the parks, but added the City will not be watering with CVWD water in order to cooperate. He stated there is the possibility of losing turf because of this. He stated the first priority for City facilities is the stadium, then the parks, the public buildings such as City Hall, the Central Park site and then the medians. He stated the City will have water trucks to help with these facilities. He added contractors will be bringing in their own water. City Council Minutes June 2, 2004 Page 4 JoLynne Russo-Pereyra, CVWD, stated they have been in contact with contractors and that they can get non-potable water from their regional plant #4. MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution No. 04-185. Motion carried unanimously 5-0. II C. PUBLIC COMMUNICATIONS ] C1. Patricia Carlson asked the range of the area that will be affected. JoLynne Russo-Pereyra, CVWD, stated Fontana to LaVerne and south and that they are working to get water from Fontana and Ontario. She asked if they have worked with the Chamber of Commerce to get the word out to businesses. JoLynne Russo-Pereyra, CVVVD, stated they have been in contact with the Chamber and will also be talking to Fontana's Chamber. She stated the Chamber is trying to help with our businesses. She stated she appreciates Councilmember Kurth's comments about pulling together. C2. Carol Douglass, Alta Loma Riding Club, had some recommendations how to care for large animals during a time like this. Councilmember Kurth felt the Alta Loma Riding Club does a very good job in the community. C3. Leslie Grimes commented on the Cucamonga Wash and the effects of it because of the Colonies project. She stated it is very important to protect the ground water and get involved in some of these things. She felt Upland would let anything be built in their City because they are almost bankrupt and need the revenue. She felt building and covering every pad of the earth should not be done. She wished people would look at that more carefully. C4. Nicole Myerchin wanted to let Councilmembers Howdyshell and Gutierrez know that the Best Friends organization is actually 3,300 acres and has approximately 1,600 to 1,700 animals at all times and is much larger than the Helen Woodward facility. She also wanted to let them know that Captain Adams, who is in control of the Upland facility, did not have any prior experience, but is doing an upstanding job. C5. John Lyons stated this water situation brings about all kinds of bad problems. He stated if people are storing water in barrels they should keep it in the shade. He asked where people could go to pick up water. JoLynne Russo-Pereyra, CVWD, stated people can get non-potable water from regional plant #4. Mr. Lyons felt there are also problems for small animals and birds. He asked what would happen if we do run out of water. Mayor Alexander stated we will not run out, just run low. C6. Deputy Ron Ives with the Police Department talked about the Bicycle Rodeo that the Police Department sponsors which would be held this coming weekend. He stated they will start with a pancake breakfast and then will lead into the training of the kids about bicycle safety. He stated the event is Saturday, June 5 from 8:00 a.m. to 1:00 p.m. at the Epicenter East Parking Lot. C7. Sharon North, Bella Vista, stated she was speaking for Earl Anderson and representing their neighbors and stated they are glad the City is going to construct a trash rack north of their properties and extend the flood control channel in a 5' x 5' dimension from the existing to up north of Almond. She asked if there was a start date for this and offered assistance in any way to help move the proiect forward. City Council Minutes June 2, 2004 Page 5 Joe O'Neil, City Engineer, stated at the last meeting the Council authorized them to go ahead and begin the design. He stated unfortunately, there is no money in hand. He stated it will probably be a couple more months before they find out if they are even going to get any money. He stated the most important thing Ms. North can do for him is to start talking to people about getting the City right-of-way so they can start working in their area. Ms. North stated it was her understanding the City would fund this if they couldn't get the FEMA money. Joe O'Neil, City Engineer, stated he did not know at this time that it depends on budget constraints, etc. at the time. He stated the City will at least install the K-Rail to help protect them. II COUNCIL COMMUNICATIONS I D1. Gouncilmember Kurth talked about the West Nile Virus and felt people should protect themselves and not leave standing water around their property. He stated the Gouncil toured the mall and Central Park construction sites, which includes the Senior Center. D2. Councilmember Williams stated the construction of the mall and Gentral Park gives a sense of pride for everyone. She stated she went to the Preschool Graduation last night and talked about what a wonderful event it was. She stated she wants to make sure State Farm Insurance gets credit for the "911 Center" that will be at the Bicycle Rodeo. She stated this is very beneficial for the kids. She talked about the celebration of a new Maloof water-wise garden for Rancho Cucamonga and the region that would take place June 19 from 11:00 a.m. to 1:00 p.m., at 8744 Hidden Farm Road, which is the Historical Maloof Museum and Gardens. D3. Councilmember Howdyshell talked about the Fire Department breakfast they held for the people they have provided service to. He stated he appreciated their efforts. He stated Tarbell Realtors offered a "safe kids" event at their location on Milliken and Base Line. He stated the John Walsh Foundation was present to assist with fingerprinting kids. He mentioned our Police and Fire Departments were also there. He also recognized Congressman David Dreier who was at the Senior Center recently introducing some new federal programs for seniors. He stated he is a great guy and continues to help the City in many ways. DS. Councilmember Gutierrez stated he is very concerned about the Bella Vista area. He wanted to know when the City will know about the funding source for this area and felt it should be discussed during the budget process. He stated he went to the Fire Department breakfast. He stated he had also gone to the Senior Center and talked with Congressman Dreier. He mentioned the tour of the mall and Central Park that the Council had participated in. He stated he was sorry he missed the preschool graduation. He wanted to congratulate the music students at the high schools and also congratulated those that were graduating from high school this year. II E. CONSENT CALENDAR I El. Approval of Minutes: April 21,2004 (Kurth absent) E2. Approval of Warrants, Register May 12, 2004 through May 24, 2004, and Payroll ending May 24, 2004, for the total amount of $1,632,264.99. E3 Approval of Amendment No. 2 to City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement for a Plan of Cooperative Action for Economic Development. City Council Minutes June 2, 2004 Page 6 E4. Approval to proceed with the biennial review of the City's Conflict of Interest Code. E5. Approval of a request from American Youth Soccer Organization (AYSO) Region 65 for a Waiver of Fees and Charges for use of the soccer fields at the Rancho Cucamonga Epicenter Adult Sports Complex on September 11, 2004, for their picture day. E6. Approval to appropriate $17,500 to Acct. No. 26608015300 from the 2004 Tax Allocation Bonds Fund Balance for the design survey of the Upper Cucamonga Storm Drain and Hellman Avenue Widening Improvements. E7. Approval of a resolution by the City Council of the City of Rancho Cucamonga, California, that the City Council covenants not to issue any additional bonds, except refunding bonds for Improvement Area No. 1, City of Rancho Cucamonga Community Facilities District No. 2003-01. RESOLUTION NO. 04-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COVENANTING NOT TO ISSUE ANY ADDITIONAL BONDS, EXCEPT REFUNDING BONDS FOR IMPROVEMENT AREA NO. 1 OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01. E8. Approval to appropriate $1,700,000 to Acct. No. 1243035650/1026124-0 from the Transportation Development Fund balance for the developer reimbursement associated with the Construction of Day Creek Boulevard (south of Foothill Boulevard to the westerly property line of the Day Creek Flood Control Channel). E9. Approval for award and execution of an amended rental agreement in an additional amount of $167,820.00 for a total budgeted amount of $353,820.00 to Johnson Power Systems, Inc. for rental of mobile electric generators to provide temporary construction power within the Rancho Cucamonga Municipal Utility service area. El0. Approval to authorize the City Manager to enter into a non-exclusive Master Power Purchase and Sale Agreement (Agreement) by and between the City and Sempra Energy Solutions, of Los Angeles, California (Septra) (CO 04-059), subject to any modifications approved by the City Manager and the City Attorney, authorize the City Manager to execute the Confirmation Orders with Sempra in amounts necessary to provide electric service to new customers to be funded from Account No. 17053035209. Ell. Approval for award and execution of Professional Services Agreement in the amount of $56,172 to Signet Testing Laboratories, Inc. (CO 04-060), and authorize the expenditure of a 10% contingency in the amount of $5,617.00 for geotechnical services for Phases lB(B), 3B(A) and 3B(B) of CFD 2003-01, to be funded from Fund 614 - CFD 2003-01, Acct. No. 16143035300/1442614-0. E12. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16398, located at the northwest corner of Hellman Avenue and 7th Street, submitted by W.F. Construction, Inc. RESOLUTION NO. 04-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16398 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E13. ADDED ITEM - Approval to go out to bid for the Victoria Gardens Shopping Center. (See Resolution No. 04-186 approved by the City Council.) City Council Minutes June 2, 2004 Page 7 RESOLUTION NO. 04-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CULTURAL CENTER CONSTRUCTION PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Kudh, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. Il F. CONSENT ORDINANCES Fl. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2003- 01037 - JOHN LAING HOMES_ - A request to change the zone from Community Commercial to Mixed Use for a .7 acre portion of Subarea 3 of the Foothill Boulevard Districts, located north of Foothill Boulevard, between Hellman and Malachite Avenues - APN: 0208-151-20 thru 23. Related Files: Tentative Tract Map SUB~I-16567, Development Review DRC2003-01036, Tree Removal Permit DRC200400139, and Historic Point of Interest DRC2004-00105. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 723. ORDINANCE NO. 723 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2003-01037, A REQUEST TO CHANGE THE ZONE FROM COMMUNITY COMMERCIAL TO MIXED-USE FOR A .7 ACRE PORTION OF SUBAREA 3 OF THE FOOTHILL BOULEVARD DISTR~CTS, LOCATED NORTH OF FOOTHILL BOULEVARD, BETWEEN HELLMAN AND MALACHITE AVENUES -APN: 0208-151- 20 THRU 23; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance No. 723. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003- 00047 CHARLES JOSEPH ASSOCIATES - A request to amend the Etiwanda Specific Plan to allow RV storage for the southwest parcel of 9.87 acres of land in the Low Residential District (2-4 dwelling units per acre), located at the southwest corner of the 210 and I-15 freeway interchange - APN: 0228-011-31. Related file: Conditional Use Permit DRC2003-00048. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 724. City Council Minutes June 2, 2004 Page 8 ORDINANCE NO. 724 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT DRC2003-00047 TO ALLOW A RECREATIONAL VEHICLE STORAGE FACILITY ON 9.87 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF THE 210 AND 1-15 FREEWAY INTERCHANGE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0228-011-31 MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance No. 724. Motion carried unanimously 5-0. Gl. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND CONSIDERATION OF ANNEXATION DRC2002-00865 - RICHLAND PINEHURST INC. - A proposed annexation of 160.0 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN - 0225-083-01, 12, 13, 14, 15, 16 and 20. Related Files: Development Agreement DRC2002-00156, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2003-00461. CERTIFICATION OF ENVIRONMENTAL iMPACT REPORT AND CONSIDERATION OF DEVELOPMENT AGREEMENT DRC2002-00156 - RICHLAND PINEHURST INC. - A proposed Development Agreement to address specific conditions of development and annexation for 150.8 acres of land located at the northwest corner of Wilson Avenue and East Avenue. APN: 0225-083-01, 12, 13, 15, 16, and 20. Related Files: Annexation DRC2002-00865, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2002-00461. Jack Lam, City Manager, stated there is a request to continue items G1 and G2 to the next meeting. Mayor Alexander opened the meeting for public hearing for those that could not be present on June 16. Addressing the City Council were: Harold Haver, lives below this area, stated he does not want a lot of high-density property in this area. He stated he walked up to this site and could not believe where the notice for this project was posted. He felt this was one of the last remote areas left in the City and should be left alone. He stated he is opposed to higher density around him. He felt there should be 15 acres set aside for a preserve. Leslie Grimes stated she has heard this is a done deal with the County pertaining to this project. She asked if this is a done deal. She did not feel this open space should be built on. Mayor Alexander asked her how she felt the City should set up a deal to purchase this. Ms. Grimes stated she does not have the answer, but felt this property should not be 2 - 4 dwelling units per acre, but should be 1 - 2 units per acre. Jack Lam, City Manager, talked about the history of the sphere area. He said the whole issue of the sphere area has been talked about for the last 20 years in Rancho Cucamonga. He stated prior to the City incorporating, most of this area was General Planned Industrial. He stated a few years later, the General Plan was modified in the County area for Residential. He stated historically the City has fought with the County for many years because the County allowed higher densities than the City would allow. City Council Minutes June 2, 2004 Page 9 He stated because of the rights of properly owners in that area to develop under the County codes, it became a disincentive for property owners to incorporate into the City because the cost would go up, the requirements would be higher and so forth. He stated the only thing the City could do at this time was to follow a legal process and file suit. He stated development couldn't be stopped, just delayed so that negotiations could take place to develop a better product. He stated the City has always had to negotiate regarding this area. He stated if this is left in the County, the development would still occur, they would use City services and facilities, and the City would get no revenue from that development. He stated the City would like to have greater control over this sphere area. Pauline Haver talked about the beautiful area they live in and hoped the Council will consider not letting this area be destroyed by it being developed. Hilda Phillips stated she lives in Terra Vista and stated the is concerned about the animals in the mountains and hoped whenever possible to keep certain lands vacant and not build on them. MOTION: Moved by Williams, seconded by Howdyshell to continue items G1 and G2 to the June 16, 2004 meeting at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 5-0. G2. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2003-00753 - HENDERSON CREEK PROPERTIES - A proposed Annexation of 96.9 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan at the northerly end of Wardman- Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-28 and 29. Related Files: General Plan Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT AND CONSIDERATION OF GENERAL PLAN AMENDMENT DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC - A proposed General Plan Land Use Amendment to change from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2~4 dwelling units per acre) for 63.5 acres of land located at the northerly end of Wardman Bullock Road - APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29. Related Files: Annexation DRC2003-00753, Development Agreement DRC2003-00751, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC - A proposed Etiwanda North Specific Plan Amendment to change from Very Low Residential (.1~2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land and the proposed modification of the circulation system in the Efiwanda Highlands Neighborhood of the Specific Plan - APN: 0225-084- 04, 0226-081-09 and 10, and 0226-082-29. Related Files: Annexation DRC2003-00753, General Plan Amendment DRC2003-00749, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC - A proposed Development Agreement to address specific conditions of development and annexation for 63.5 acres of land, located at the northerly end of Wardman Bullock Road within the Etiwanda North Specific Plan - APN: 0225-084-04, 0226-081- 09 and 10, and 0226-082-29. Related Files: Annexation DRC2003-00750, and Tentative Tract Map SUBTT16324. SEE ITEM G1 FOR DISCUSSION OF THIS ITEM. G3. VACATION OF CENTER AVENUE (V-186) - CABOT INDUSTRIAL PROPERTIES; APPROVAL OF A REQUEST TO VACATE CENTER AVENUE, NORTH OF TRADEMARK PARKWAY; RELATED FILE: DRCDR00-41 Staff report presented by Dan James, Sr. Civil Engineer. City Council Minutes June 2, 2004 Page l0 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Gutierrez left the room at 8:58 p.m. and returned at 9:03 p.m. RESOLUTION NO. 04-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED, CENTER AVENUE LOCATED NORTH OF TRADEMARK PARKWAY APPROXIMATELY 66 FEET WIDE AND 243 FEET LONG MOTION: Moved by Kurth, seconded by Williams to approve Resolution No. 04-173. Motion carried unanimously 4-0-1 (Gutierrez absent). II a. PUBLIC HEARINGS II No Items Submitted. ] L CITY MANAGER'S STAFF REPORTS II I1. UPDATE ON CONSTRUCTION PROGRESS OF CENTRAL PARK PROJECT (Oral) A power point presentation was given by Dave Moore, Recreation Superintendent, which is on file in the City Clerk's office. Councilmember Kurth stated this is a very exciting project. John Shanahan asked where the money came from for this project. Jack Lam, City Manager, stated it came from Park Bond money and federal dollars with the help of Congressman Dreier, from donations of private sources and other various funds. He added the City can only build 1/3 of this at this time. Councilmember Williams stated Senator Brulte was also very instrumental in getting the City funds for this project. 12. CONSIDERATION OF APPEAL OF USE DETERMINATION DRC2004-00093 - STEVE KNECHT - An appeal of the Planning Commission's decision denying a request to determine that a dog breeding establishment with outside runs is similar to an animal care facility within the Very Low Residential District at 10158 Sun Valley- APN: 1074-081-12. It was requested this be continued since the applicant was not present and that he be notified in writing. City Council Minutes June 2, 2004 Page 11 RESOLUTION NO. 04-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE DETERMINATION DRC2004-00093, BY DETERMINING THAT DOG BREEDING ESTABLISHMENTS WITH OUTSIDE RUNS ARE NOT SIMILAR TO AN ANIMAL CARE FACILITY WITHIN THE VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Gutierrez to continue this item to June 16, 2004 at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 3-2 (Alexander and Howdyshell voted no). 13. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-B. ITEMS 13 THROUGH 113 WERE DISCUSSED AT ONE TIME. Staff report presented by Ingrid Bruce, GIS/Special Districts Supervisor. Mayor Alexander asked if we will have any problems with any of these assessments districts I the future by not increasing rates now. Ingrid Bruce, GIS/Special Districts Supervisor, stated there will be no problems. Mayor Alexander opened the meeting for public comment. There being no input, public comments were closed. RESOLUTION NO. 04-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-B MOTION: Moved by Howdyshell, seconded by Kurth to approve Resolution Nos. 04-174 through 04-184. Motion carried unanimously 5-0. 14. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 1, ZONES 1,2 & 3), SERIES 2003-A. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 1, ZONES 1,2 & 3), SERIES 2003-A 15. APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. City Council Minutes June 2, 2004 Page 12 SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-176 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS 16. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) 17. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88- 2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM, RESOLUTION NO. 04-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) 18. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) WITHOUT AN INCREASE TO THE CURRENT RATE. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1R (DAY CREEK DRAINAGE SYSTEM) 19. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3, ZONE 7) SERIES 2001-B. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B City Council Minutes June 2, 2004 Page 13 110. APPROVAL TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2004-2005 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A I11. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 02 (RANCHO CUCAMONGA CORPORATE PARK). SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) 112. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 01 (SOUTH ETIWANDA) WITHOUT AN INCREASE TO THE CURRENT RATE. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-183 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 113. APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE. SEE ITEM 13 FOR DISCUSSION OF THIS ITEM. RESOLUTION NO. 04-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2004-2005 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS J. COUNCIL BUSINESS II 31. LEGISLATIVE UPDATE (Oral Report) City Council Minutes June 2, 2004 Page 14 Councilmember Williams stated last week Congressman Drier stopped by to see the Council. She stated they thanked him for his continued assistance with City projects. She mentioned legislation that would take control of what is built in the City away from cities and that Rancho Cucamonga is opposing this legislation. She stated Assemblyman Steinberg is threatening to take away the City's sales tax again. She mentioned there is legislation about putting cell phone numbers in a pool so they can do telemarketing this way, but there is also legislation so that cell companies would have to get permission to do this. II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I K1. Councilmember Howdyshell stated he would like a report on soliciting requirements in the City. I[ L. PUBLIC COMMUNICATIONS I No communication was made from the public. MOTION: Moved by Alexander, seconded by Howdyshell to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:25 p.m. Re_specffully submitted, City Clerk Approved: July 7, 2004