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HomeMy WebLinkAbout2007/09/19 - MinutesSeptember 19, 2007 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CLOSED SESSION MINUTES A. -CALL TO ORDER The Rancho Cucamonga Fire Protection District held a closed session on Wednesday, September 19, 2007, 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 President Donald J. Kurth, M.D. Present were Boardmembers: Rex Gutierrez, Sam Spagnolo, Vice President Williams, and President Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; and John Gillison, Deputy City Manager/Administrative Services. Absent was Boardmember: L. Dennis Michael B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) President Kurth announced the closed session item: B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -FIRE C. PUBLIC COMMUNICATIONS ON CLOSED SESSIONITEM(S) No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. E. CITY MANAGER ANNOUNCEMENTS AND REPORTS F. RECESS ;"; The closed session adjourned at 6:45 p.m. with no action taken. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 2 G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council was held on Wednesday, September 19, 2007, in the Council Chambers of the Civic Center located at 1.0500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth, M.D. called the meeting to order at 7:07 p.m., with the Pledge of Allegiance led by Boy Scout Troop 689. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem Diane. Williams, and Chairman/President/Mayor Donald J. Kurth, M.D. Alsc present were: Jack Lam, Executive Director/City Mariager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Michael Toy, Information Services Specialist I; Sunil Powaku, Information Services Analyst I; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Donna Vega, Management Aide; James Troyer, Planning Director; Vance Pomeroy, Contract Planner; Kevin McArdle, Community Services Director; Deborah Clark, Library Director; Michelle Perera, Library Services Manager; Cara Vera, Senior Librarian; Joe Pulcinella, Library Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Assistant City Clerk; Shirr'I Griffin, Deputy City Clerk; and Debra J. Adams, Assistant, Secretary/Secretary/City Clerk. Absent was Agencymember/Boardmember/Councilmember: L. Dennis Michael H. ANIVOUNCEMENTS/PRESENTATIONS H1. Presentation of the Animal Care and Services Department's "Love 'EM and License'EM" Campaign. Joe Pulcinella, Animal Services Director, came forward with Fire Inspector Susan DeAntonio and "Gator." Ms. DeAntonio stated that "Gator" will be the official .spokes dog for their "Love 'EM and License'EM" Campaign. Joe Pulciriella,'Animal Services Director, continued giving more information about their efforts. Inspector DeAntonio reported that "Gator" and "Me Too" have a microchip in case they get lost. She encouraged pet owners to do this with their pets. Joe Pulcinella, Animal Services Director, stated the microchipping costs $15. H2. Presentation regarding the.new "Adoption Partner Program" with PetSmart.on 4`" Street. Joe Pulcinella, Animal Services Director, told about their new program with PetSmart in Ontario, and mentioned they currently have this program with the PetSmart in San Bernardino. He stated both of these businesses are partnering with the Animal Shelter to find homes for homeless pets. He added they also provide financial support for this program. He stated the PetSmart in Ontario will be having their opening and ribbon cutting on Saturday, September 22nd from 7:00.- 9:00 a.m., and that they are located at 4120 East 4th Street, Ontario.. H3. ADDED ITEM -Presentation of Proclamation declaring October 5'" -November 16'h as "The Big Read" in Rancho Cucamonga: Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 3 A Proclamation was presented to Deborah Clark, Library Director, and Michelle, Perera, Library Services Manager. Deborah Clark, Library Director, talked about the "Big Read" to occur on October 5th through November 16th. She encouraged everyone to read To Kill a Mockingbird as part of this program. Cara Vera, Senior Librarian, presented a power point which is on file in the City Clerk's office. I. PUBLIC COMMUNICATIONSI 11. Jerie Lee stated she was outraged at the Fire Chief's comments at the last meeting. She felt we needed more police officers instead of more firemen. She felt the people have indicated they do not want fire stations in our parks, and felt people should have the right to vote on new stations. 12. James C. Frost, City Treasurer, stated the "Run for the Wall" is a motorcycle event that takes place every year around Memorial Day weekend to recognize those that have lost their lives while serving in our military. He stated he has met with the Board of Directors of this event asking to start next year's run at Victoria Gardens. He mentioned the publicity this would bring to the City with a lot of people staying in Rancho Cucamonga hotels. He stated next May will be the 20th run. 13. Patricia Mark thanked the Council for the outstanding job they did with the Red Hill traffic mitigation. She felt this was an excellent program to make their streets safer. She stated there were five accidents from January through June at North/South Red Hill Country Club Drive from the entrance of the Country Club down to Foothill Boulevard. She felt there should be a stop sign at the location of Calle Carabe and Red Hill Country Club Drive. 14. Hilda Phillips felt Mayor Pro Tem Williams has done a great job running the meetings in the Mayor's absence. She stated the next event in the City will be The Fine Art Show and Sale on Feb. 28 - 30 at Central Park. She invited the Council and the public to attend. 15. John Lyons stated at the last meeting there was a discussion on emergency responses and felt Councilmembers Michael and Spagnolo should be on a committee to work with the dispatch center to improve response times. He stated he would still like to see the fire station built on Hellman. He talked about a baby that was shot in Los Angeles and that we need to pay attention to these types of things that are happening in nearby areas. He mentioned 36,000 inmates that are going to be released, and-added that District Attorney Mike Ramos is against this. He felt the people on parole should be on it longer than six months. He felt the Council should work on a campaign with the District Attorney to stop this. J. AGENCY/F'IRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS ;, Mayor Pro Tem Williams stated the Art Show is a great event and encouraged people to participate, and clarified that ii is free admission. She added the artwork is first class. Councilmember Spagnolo stated in response to comments made by Jerie Lee and John Lyons, it is not the direction of the City to dictate which engine goes where, or which police officer responds, that this is the responsibility of the Fire Chief and Police Chief. He stated it is the Council's job to set policy for what they want in order to protect this community. He stated it is up to the Department Heads to tell the Council what is needed so they can make the appropriate decisions. He pointed out that on November 8th there will be a workshop regarding the strategic plan in regards to the needs of fire stations and where those stations should go. He stated the City is working on call screening and is working with Ontario on this. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 4 K. CONSENT CALENDAR -REDEVELOPMENT AGENCY Kt. Approval of Check Register dated August 29 through September 11, 2007, for the total amount of $166,640.41. K2. Approve to receive and file current Investment Schedule as of August 31, 2007. K3. Approval to authorize Emcor Service/Mesa Energy Systems, Inc. (EMCOR Service) to continue as the single source service provider and installer far HVAC/Control work and related energy management systems for City facilities; approve contract Amendment Number 1 for additional monthly maintenance scope of work at the Cultural Arts Center ($9,528.00) and HVAC Water Treatment far Cultural Arts Center and Central Park ($2,560.00); approve extra work not to exceed $15,000; and approve the fallowing capital maintenance projects approved by the City Council in the FY 2007/2008 budget: HVAC modifications at the Civic Center for department remodels ($80,000), HVAC unit for Central Park computer room ($81,000), and pertorm indoor air quality modifications as needed at citywide facilities ($10,000); to be funded from Accts. 1001312-5304 ($159,528); 2650801-5602 ($80,000); 2650801-5603 ($81,000) and 1025001-5304 ($10,000), and appropriate $80,000 into Acct. No. 2650801- 5602 and $81,000 into Acct. No. 2650801-5603. K4. Approval to accept the Improvements constructed by Hufcor Airwall (RA 06-013) and Carey Sign Graphics (06-028) at the Victoria Gardens Cultural. Center as complete, authorization to file a Notice of Completion for the improvements and authorize the City Clerk to release the Faithful Pertormance Bond. RESOLUTION NO. RA 07-019 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY CAREY SIGN GRAPHICS FOR THE VICTORIA GARDENS CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK RESOLUTION NO. RA 07-020 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY HUFCOR AIRWALL FOR THE VICTORIA GARDENS CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 4-0-1 (Michael absent). L. CONSENT.CALENDAR -FIRE PROTECTION DISTRICT L5. Approval of Check Register dated August 29 through September 11, 2007, for the total amount.of $99,674.80. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 5 L6. Approval to receive and file current Investment Schedule as of August 31, 2007. L7. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-6 (Diamond Industries - APN: 0209-192-07, 08, 09, 10, 11 & 12). RESOLUTION NO. FD 07-050 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 07-6 L8. Approval of the Fire Agencies Insurances Risk Authority (FAIRA) Amendments of the Fourth Amended Joint Powers Agreement to amend Article 21 to change the withdrawal of members notice from 120 days to 12 months advance written notice and amend Article 27 to only require the approval of a majority of the Member Agencies which vote on a proposed amendment, so long as not less than 51 % of the Member Agencies have voted. RESOLUTION NO. FD 07-051 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO ARTICLE 21 OF THE FOURTH AMENDED JOINT POWERS AGREEMENT OF THE FIRE AGENCIES INSURANCE RISK AUTHORITY RESOLUTION NO. FD 07-052 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO ARTICLE 27 OF THE FOURTH AMENDED JOINT POWERS AGREEMENT OF THE FIRE AGENCIES INSURANCE RISK AUTHORITY MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 4-0-1 (Michael absent). M. CONSENT CALENDAR -CITY COUNCIL M9. Approval of Check Register dated August 29 through September 11, 2007, and payroll ending September 11, 2007, for the total amount of $2,922,634.24. M10. Approval to receive and file current Investment Schedule as of August 31, 2007. M11. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the 12 KV Electrical Distribution Improvements at Various Locations, to be funded from Municipal Utility Funds. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 6 RESOLUTION NO. 07-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "12 KV ELECTRICAL DISTRIBUTION IMPROVEMENTS AT VARIOUS LOCATIONS" AND AUTHORIZING THE DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M12. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the La Senda and Etiwanda Channel Access Ramps and Foothill Boulevard Drainage Improvements, to be funded from Acct. No. 1112303-5650/1557112-0 and 1 1 1 2303-5650/1 5581 1 2-0 (General Drainage Funds). RESOLUTION NO. 07-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LA SENDA AND ETIWANDA CHANNEL ACCESS RAMPS AND FOOTHILL BOULEVARD DRAINAGE IMPROVEMENTS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M13. Approval of a Resolution of the City Council of the City of Rancho Cucamonga adopting the 2007/2010 Measure "I" Three-Year Capital Improvement Program for Measure "I" Funds. RESOLUTION NO. 07-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2007/2010 MEASURE "I" THREE-YEAR CAPITAL IMPROVEMENT PROGRAM BEGINNING IN FISCAL YEAR 2007/08 FOR THE EXPENDITURE OF MEASURE "I' FUNDS M14. Approval of a Resolution to Summarily Vacate a portion of Rochester Avenue (Charles Smith Avenue), approximately 460 feet south of Sixth Street, V-211 related project Parcel Map 16009. RESOLUTION NO. 07-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY LOCATED APPROXIMATELY 460 FEET SOUTH OF SIXTH STREET, V-211 M15. Approval of a Map, Ordering the Annexation to Landscape Maintenance District No. 36 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map No. 16009, located on the southeast corner and southwest corner of Sixth Street and Charles Smith Avenue, submitted by Chase Back Bay, LLC. RESOLUTION NO. 07-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16009 (TENTATIVE PARCEL MAP NO. 16009) Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 7 RESOLUTION NO. 07-227 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 DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 16009 M16. Approval of the Community Services Department Update. M17. Approval of Resolution 06-238(B), including new position classifications for Fiscal Year 2007-08 Budget. RESOLUTION NO. 06-2386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO INCLUDE NEW POSITION CLASSIFICATIONS FOR FISCAL YEAR 2007-2008 BUDGET M18. Approval to accept the bids received and award an authorize the execution of the contract in the amount of $382,357.71 to the apparent low bidder, American Asphalt South, Inc. (CO 07-177), and authorize the expenditure of a 10% contingency in the amount of $38,235.77, for the Fiscal Year 2007/2008 Local Street Pavement Rehabilitation -Slurry Seal of Various Streets, to be funded from Measure "I" Fund, Account No. 1176303-5650/1022176 and Traffic Congestion Fund, Acct. No. 1190303- 5650/1022190. M19. Approval of a contract amendment (CO 03-090) adjusting the hourly rate for inspection services provided by Associated Engineers, Inc. M20. Approval of an agreement with the Chaffey College Foundation (CO 07-178) to broadcast the "Chaffey College Foundation Telethon" on RCTV-3. M21. Approval of annual support agreement with Sungard Bi-Tech, Inc., (CO 04-155) to provide maintenance support for FY 2007/08 in the amount of $85,776.43, funded by Acct. No. 1001209-5300 and approval of an option to renew with a negotiated annual increase, upon mutual consent, an annual support agreement for an additional four (4) years. M22. Approval to authorize Emcor Service/Mesa Energy Systems, Inc. (EMCOR Service) to continue as the single source service provider and installer for HVAC/Control work and related energy management systems for City facilities; approve contract Amendment Number 1 for additional monthly maintenance scope of work at the Cultural Arts Center ($9,528.00) and HVAC Water Treatment far Cultural Arts Center and Central Park ($2,560.00); approve extra work not to exceed $15,000; and approve the following capital maintenance projects approved by the City Council in the FY 2007/2008 budget: HVAC modifications at the Civic Center for department remodels ($80,000), HVAC unit for Central Park computer room ($81,000), and perform indoor air quality modifications as needed at citywide facilities ($10,000); to be funded from Accts. 1001312-5304 ($159,528); 2650801-5602 ($80,000); 2650801-5603 ($81,000) and 1025001-5304 ($10,000) and appropriate $80,000 into Acct. No. 2650801- 5602 and $81,000 into Acct. No. 2650801-5603. M23. Approval of a Public Convenience of Necessity Determination - DRC2007-00459 -Han Ma Eum Market - A request to issue a Public Convenience or Necessity Determination for a Departrment of Alcoholic Beverage Control (ABC) Type 21 Off-Sale General license for an Asian food store in the Community Commercial District, located on the southwest corner of Foothill Boulevard and Ramona Avenue at 9849 Foothill Boulevard, Unit M - APN: 0208-301-16. (CONTINUED FROM AUGUST 15, 2007) Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 8 RESOLUTION NO. 07-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2007-00459 FOR AN ASIAN FOOD STORE IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9849 FOOTHILL BOULEVARD, UNIT M - APN: 0208-301-16 M24. Approval to release the Maintenance Guarantee Bond for Parcel Map 15350, located at the southwest corner of Milliken Avenue and 6'h Street, submitted by General Dynamics Properties, Inc. MOTION: Moved by Gutierrez, seconded by Spagnolo, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 4-0-1 (Michael absent). N. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT N1. CONSIDERATION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (ALDER A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-7) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (GFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS A staff report was presented by Chief Bryan, Rancho Cucamonga Fire Protection District. President Kurth opened the meeting far public hearing. There being no response, the public hearing was closed. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve Resolution No. 07-053. Motion carried unanimously 4-0-1 (Michael absent). O. ADVERTISED PUBLIC HEARINGS CITY COUNCIL 01. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006-00223 -ARBORS AT ROUTE 66 LLC -Request to change the land use designation for four parcels on Red Hill Country Club Drive from Open Space to Mixed Use to be consistent with the Mixed Use Land Use Designation at the northeast corner of Foothill Boulevard and Grove Avenue, to add these same four parcels to Section 2.5.5.4 Western Gateway in the Bear Gulch Area, expand the range of RESOLUTION NO. FD 07-053 Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 9 development in the residential classification to 87% in Table III-7, and to establish a master plan overlay district for the entire 10.1 acre project site on the land use plan in accordance with Section 111.2.4.1 of the General Plan -APN: 0207-011-35, 36, 41, 43, 44 and 45. AMENDMENT DRC2006-00350 -ARBORS AT ROUTE 66 LLC -Request to change the zoning for four parcels on Red Hill Country Club Drive from Low Residential (2-4 dwelling units per acre) to Mixed Use, to be consistent with the Mixed Use zoning designation at the northeast corner of Foothill Boulevard and Grove Avenue; establish a master plan overlay district for the entire 10.1 acre project site on the development district map in accordance with Section 17.20.030 of the Development Code at the northeast corner of Foothill Boulevard and Grove Avenue -APN: 0207-011-35, 36, 41, 43, 44 and 45. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2007-00029 -ARBORS AT ROUTE 66, LLC -Request to change the Table for the Bear Gulch Mixed-Use area contained in Development Code Section 17.32.020,0.3 to expand the range of development in the residential classification to 87% and to include the "most case" column found in the General Plan Table III-7 -APN: 0207-011-35, 36, 41, 43, 44 and 45. CONSIDERATION OF APPEAL OF DEVELOPMENT REVIEW DRC2006-00341 -ARBORS AT ROUTE 66 LLC -Master Plan established under DRC2006-00223 and DRC2006-00350 for 10.1 acre project site with one 2-story office building, 7 live/work units, 68 town homes, and 23 single-family residences at the northeast corner of Foothill Boulevard and Grove Avenue in the Mixed Use Zone of Subarea 1 of the Foothill Boulevard Districts, including expansion of the range of development in the residential classification to 87% in Table III-7 of the General Plan. APN: 0207-011-35, 356, 41, 43, 44 and 45. CONSIDERATION OF APPEAL OF TENTATIVE TRACT MAP SUBTT18179 -ARBORS AT ROUTE 66 LLC -Condominium subdivision of 10.1 acres into two lots with office condominiums in one office building on Lot 1, and residential condominiums in 7 live/work units, 68 town homes, and 23 single family residences on Lot 2 at the northeast corner of Foothill Boulevard and Grove Avenue in the Mixed Use Zone of Subarea 1 of the Foothill Boulevard Districts. APN: 0207-011-35, 36, 41, 43, 44 and 45. RESOLUTION NO. 07-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2006-00223, A REQUEST TO CHANGE THE LAND USE DESIGNATION FOR FOUR PARCELS ON RED HILL COUNTRY CLUB DRIVE FROM OPEN SPACE TO MIXED USE TO BE CONSISTENT WITH THE MIXED USE LAND USE DESIGNATION AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND GROVE AVENUE, TO ADD THESE SAME FOUR PARCELS TO SECTION 2.5.5.4 WESTERN GATEWAY IN THE BEAR GULCH AREA, EXPAND THE RANGE OF DEVELOPMENT IN THE RESIDENTIAL CLASSIFICATION TO 87 PERCENT IN TABLE III-7, AND TO ESTABLISH A MASTER PLAN OVERLAY DISTRICT FOR THE ENTIRE 10.1 ACRE PROJECT SITE ON THE LAND USE PLAN IN ACCORDANCE WITH SECTION 111.2.4.4 OF THE GENERAL PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-011- 35, 36, 41, 43, 44 AND 45 Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 10 ORDINANCE NO. 780 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2006-00350, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO MIXED USE FOR FOUR PARCELS COMPRISING OF APPROXIMATELY 1.04 ACRES OF LAND LOCATED AT RED HILL COUNTRY CLUB DRIVE, AND ESTABLISH A MASTER PLAN OVERLAY DISTRICT FOR THE SIX PARCELS COMPRISING APPROXIMATELY 10.1 ACRES OF LAND AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND GROVE AVENUE ON THE DEVELOPMENT DISTRICTS MAP IN ACCORDANCE WITH MUNICIPAL CODE SECTION 17.20.030; AND MAKING FINDINGS IN SUPPORT THERE OF -APN: 0207-011-35, 36, 41, 43, 44 AND 45 ORDINANCE NO. 781 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00029, A REQUEST TO CHANGE THE BEAR GULCH MIXED-USE AREA TABLE CONTAINED IN MUNICIPAL CODE SECTION 17.32.020.0.3 TO EXPAND THE RANGE OF DEVELOPMENT IN THE RESIDENTIAL CLASSIFICATION TO 87 PERCENT AND TO ADD THE "MOST CASE" COLUMN FOUND IN THE CORRESPONDING GENERAL PLAN TABLE III-7, AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 07-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2006-00341, THE DEVELOPMENT REVIEW FOR TENTATIVE TRACT NO. SUBTT18179, AND THE MASTER PLAN UNDER THE NEWLY-ESTABLISHED MASTER PLAN OVERLAY DISTRICT, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND GROVE AVENUE IN THE MIXED USE DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-011- 35, 36, 41, 43, 44 AND 45 RESOLUTION NO. 07-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT18179, A SUBDIVISION OF 10.1 ACRES OF LAND INTO TWO LOTS FOR CONDOMINIUM PURPOSES IN THE MIXED USE DISTRICT, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND GROVE AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-011-35, 36, 41, 43, 44 AND 45 The item was introduced by Jack Lam, City Manager. James Markman, City Attorney, stated that had Councilmember Michael been here, he would have had to abstain from voting on this item because of his membership in the Red Hill Country Club. He stated the value of the membership ($25,000 - $50,000) would be cause for him to abstain from voting on this item. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 11 A staff report was presented by James Troyer, Planning Director, and Vance Pomeroy, Contract Planner. He referred to handouts distributed to the Council, which are on file in the City Clerk's office. Vance Pomeroy, Contract Planner, presented a DVD of the project, which is on file in the City Clerk's off ice. Councilmember Spagnolo asked about the reduction of the six 2-story units to single story, and what would the square footage of those be. Vance Pomeroy, Contract Planner, stated they would be about 1600 square feet, and have come down in size from 2400 square feet. He stated there would be 11.2 units per acre. Councilmember Spagnolo asked if we are putting any requirements on the size of the shrubbery being put in. Vance Pomeroy, Contract Planner, stated it is stipulated in the Resolution, and they are required to put in 24" - 36" boxes. He stated there would be a good screening along the back. Councilmember Gutierrez stated he wished he would have been notified of the September 17th letter sooner than tonight. Mayor Kurth opened the meeting for public hearing. Addressing the City Council were: Peter Bachman, developer for the project, acknowledged the efforts of all the people involved in this project. He acknowledged the Planning Commissioners for working with them and identifying what concerns needed to be addressed for this project. He stated there have been many meetings and they have talked to many people in the neighborhoods about this project. He stated they appreciated all the input they have received for this project. He stated tonight they are proposing to eliminate the six 2-story units and place five single story units in their place. He stated traffic seems to be the biggest issue pertaining to this project. He stated the design was done to have little traffic impact. He stated the density was lowered to achieve those goals. He stated the density is lower than the up to 20 units per acre allowed. He stated they have followed the direction given to them. He stated with regards to Red Hill Country Club Drive, they have proposed installing an emergency only access gate there and eliminate the three driveways on Red Hill from the three homes that currently exist. He stated with no direct access onto Red Hill, with the relatively low number of daily trips, will hopefully help with the Red Hill cut through problem. He stated they realize some people are skeptical about traffic studies and they understand this, but have come up with the mast accurate information possible. He stated they take the General Plan Amendment very seriously. He stated they are not proposing to do anything that is prohibited by the General Plan or change specific language in it. He stated there currently exists a zoning discrepancy on the four parcels between the City's General Plan and the Development Code. He stated making the zoning consistent with 90% of the site in general, is consistent with the General Plan's goals. He stated consolidating these four parcels with the other two and integrating their uses and support functions into a common concept is encouraged by the General Plan in mixed use development. He stated the proposed land use is much less intense than other uses allowed under the General Plan without a General Plan Amendment. Pat Bourland stated she has lived on Red Hill many years. She thanked the Council for the new stop lights. She felt there was already enough high density in the City. She wondered what alive/work unit is. She felt the office needs should be taken care of on Haven. She stated she would like to see a large assisted living complex built with a park, tennis courts and ample parking for this location. Hank Stoy commended the developers on presenting their project to the neighbors. He stated the radius for noticing to the neighbors is appreciated. He stated after the Planning Commission heard this, he called to find out about the appeal process and was told it was $4,000. He didn't agree with the large fees and felt the Council should look into this to reduce the fees. He stated his concerns about the project include water supply. He felt too many times there are amendments to the code to make a project work. He stated he always felt the General Plan was like a law not to be changed. He hoped the Council Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 12 will represent and protect the residents' interests and not the developers. He wished there could be something that would fit more in line with the Country Club. He thanked Councilmember Gutierrez for filing the appeal. Patricia Mark stated she would like to speak about the density issue and felt it was too high for this project. She mentioned the traffic this project would create, and felt there would be a lot more traffic on Foothill Boulevard. She asked the Council to consider a lower density project since this is the gateway. Georgia Kuettle stated she is a 30 year resident of Red Hill and stated they are 100% in favor of this project. She felt the mixed use will be a most attractive entrance into the City and also honor Route 66. She encouraged the City to continue installing stop signs throughout Red Hill which will correct the traffic problems in their development. Bill Hanlon stated he is ashamed that there is a need to have police officers protecting the Council at the meetings. He mentioned the traffic analysis and did not feel it included the addition of these homes. He stated the master plan is a plan to keep the City beautiful and felt the City is overpopulated. He wished the residents of Red Hill had as much clout as the Red Hill Country Club itself does. He asked the Council to consider the residents in their decision. He stated he is also part of Run for the Wall and felt it would bring in hundreds of thousands of dollars into Rancho Cucamonga. He didn't feel there should be high density homes in order to keep the City beautiful. John Lyons talked about all the apartment units in the City. He told how you used to be able to go rabbit hunting in some areas of Rancho Cucamonga. He stated one of the things left in the City is the Strawberry Patch and felt there should be a monument there. He felt the density is really high and that this should have no more than 2 - 3 units per acre. He hoped these units will be sprinklered for their protection. He asked the Council to deny this project. Richard Davidson felt the project DVD was beautiful. He stated he has reservations about the plan. He felt the safety of the public should be considered with regards to this project. He commented on the inventory of unsold units in the City. He felt we are not building the size of homes that we use to. He felt the density is too much at 11.2 units per acre. Jim Moffatt stated the Planning Commission listened to what people had to say about traffic, but didn't hear them. He felt the neighbors should be considered with all the traffic this project will create. He felt there needed to be more than one ingress and one egress. He didn't think we needed more condos in the City. He felt the Council should take a look at this and advise the developer to build this within our current City codes. He felt the developer should also talk to Upland to see how they feel about this. Greg Severson, President of Red Hill Country Club, stated the Board at Red Hill met with the developer to discuss some of the problems with the project, and added that the issues have been addressed and alleviated. He felt future concerns will be dealt with professionally by the developer. Steve Moreau, San Antonio Hospital representative, stated the developers have met with them and that they feel this is a good project. He stated in working with the developer they feel this is an appropriate use of the site and support the project. Leslie Grimes asked why Councilmember Michael was able to vote on the Sycamore Villas and not on this project. James Markman, City Attorney, stated it is because of the impact this project could have on his membership with Red Hill Country Club. He stated there was not a connection with Red Hill Country Club and the Sycamore Villas project. Ms. Grimes stated she would like to see this stay the Strawberry Patch and stay open space. She stated she does see a problem with traffic. She stated she does admire the respect this developer has for the neighbors. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 13 Evette DeLuca stated she has lived in Red Hill for three years. She thanked the developers for meeting with the Red Hill Country Club residents. She didn't feel the DVD was really what the project will look like. She felt this should go back to the Planning Commission and not be approved. She stated we already have a gateway into the City. She wondered how many units at Haven and Foothill have been sold. She didn't feel Claremont was voted one of the best places to live because of high density, that it was because of nature. She begged the Council to honor what the residents are asking and not approve this project. Jane Kilouns, lives in Red Hill Country Club, stated up the hill the streets are very narrow. She stated there has always been a problem with the cars going to the elementary school. She stated the traffic count was done when school was out and didn't feel it is a true count. She stated there are no sidewalks in her area either. She didn't feel this project should go at this location. She felt all the traffic would create a problem getting the kids to school. She stated it is not just Foothill that will have the traffic problems, that it will be up in Red Hill too. Richard Stager asked if the City keeps occupancy records and wondered if the City knew how many empty homes there are in the tracts that are built. He stated he has no problem with the project, but does have a problem if there is low occupancy in units that are built and are empty. He stated we continue to approve projects that bring in more and more people into the City. He didn't feel we can take care of the people that are here now, let alone bringing in more people. He felt the Council should stand up and say we do not need any more houses or condos. He felt the Council should look further into this before approving it. A lady, who did not identify herself, stated the hospital never expanded because the City wanted to put a road in the middle. She hoped the people that move into this project like BBQ because of all the smoke that comes from the nearby restaurant. There being no further input, the public hearing was closed. Councilmember Gutierrez pointed out there was about double the turnout with the Sycamore Villas project when it came before the Council. He stated he felt some of the Red Hill people did not show up because they feel beat down. He stated he respects the right of the developer and felt he has done a good job. He stated he told the developer that density was too high and that the design should be better being next to a golf course country club. He felt there should be a bigger variety of homes along the golf course and that it should look like country club homes. He did not feel density standards are being consistent for this area. He read comments from a letter by Greg Severson, President of Red Hill Country Club. He felt the condos will be pretty inexpensive and didn't see much of a yard for the kids. He felt the density should be reduced and a higher quality building built. He felt there should be more single story homes in the City. He felt the City could do better with this project. He thanked the people for being here. He asked the Council to remember their commitments to do better. He felt there would be cars parking all over the place within this development. He wished this could be sent back to the Planning Commission for revisions. Councilmember Spagnolo stated we are talking about four parcels of land. He stated it is not viable to build homes on land like we used to. He stated putting up stop signs in Red Hill may help a little, but felt Red Hill should possibly consider gating their community to restrict the amount of traffic that goes through there. He didn't feel this project would be a detriment to the City and felt it would be an asset. Mayor Pro Tem Williams asked if it was ever considered to put no parking signs in Red Hill. Joe O'Neil, City Engineer, stated it was discussed, but the Red Hill residents didn't want that. Mayor Pro Tem Williams stated she agreed the Red Hill residents should gate this community to solve their issues. She stated over the years this project has changed and hated to see the Strawberry Patch go away. She stated when people want to develop their own property, they are allowed to do this, and felt the developer has done a lot to "blend" this project. Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 14 Mayor Kurth stated if he had his choice he would love to see more parks, but because the land is not owned by the City, the owner has the right to build on it. He felt the increase in traffic is insignificant that this project will create. He commented on the revisions that have been made to decrease the density. He commented on the expanded radius used to provide notice to people. He stated he would support the project. MOTION: Moved by Spagnolo, seconded by Williams to approve Resolution Nos. 07-228, 07-229, 07- 230 and to waive full reading and set second reading of Ordinance Nos. 780 and 781 for the October 3, 2007 meeting. James Markman, City Attorney, stated the appropriate Resolution will reflect the new conditions agreed to with Red Hill Country Club. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 780 and 781 Motion carried 3-1-1 (Gutierrez voted no, Michael absent). P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo stated he has no comments. Mayor Kurth stated he wished the City had the money to purchase some of the vacant land still left in the City. He stated he is in favor of open space. P2. CONSIDERATION OF A RESOLUTION PROHIBITING THE USE OF EXPANDED POLYSTYRENE FOOD SERVICE PRODUCTS AT CITY FACILITIES AND CITY-SPONSORED EVENTS RESOLUTION NO. 07-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROHIBITING THE USE OF EXPANDED POLYSTYRENE (COMMONLY REFERRED TO AS "STYROFOAM") FOOD SERVICE PRODUCTS WITHIN CITY FACILITIES AND AT CITY- SPONSORED EVENTS A staff report and power point presentation were presented by Donna Vega, Management Aide. Mayor Pro Tem Williams stated she is in support of this and felt it was a good start for the City. Councilmember Spagnolo stated the County is looking to come on board with this also. Councilmember Gutierrez stated he appreciated Councilmember Spagnolo's efforts in bringing this forward. Mayor Kurth stated he felt this was important in protecting our environment and also the health of cur bodies. He stated he would like to expand this throughout the City. MOTION: Moved by Spagnolo, seconded by Williams to approve Resolution No. 07-231. Motion carried unanimously 4-0-1 (Michael absent). Redevelopment Agency, Fire Protection District and City Council Minutes September 19, 2007 Page 15 Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING' Councilmember Gutierrez stated he would like to start discussing an area south of Los Osos High School with regards to a parking problem. He stated we have had some solutions for this area in the past, and would like to discuss permit parking in some of these areas. He stated some of the signage that has been put up has helped, but that he would like to discuss this in the future. James Markman, City Attorney, stated he would also like to give his report on Medical Marijuana litigation. R. ADJOURNMENT j , The meeting adjourned at 10:30 p.m. Respectful) bmitted, eb~ s, CMC Assistant S retary/Secretary/City Clerk Approved: October 3, 2007