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HomeMy WebLinkAbout2007/12/05 - MinutesDecember 5, 2007 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, December 5, 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 Chairman Donald J. Kurth, M.D. Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman Diane Williams, and Chairman Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel; and Linda D. Daniels, Redevelopment Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman Kurth announced the closed session item: 61. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN HERMOSA AVENUE, AND CENTER AVENUE. LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY- RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. E. CITY MANAGER ANNOUNCEMENTS F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 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, December 5, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth, M.D. called the meeting to order at 7:07 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice ChairmanNice President/Mayor Pro Tem Diane Williams and Chairman/President/Mayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; James Markman, Legal Counsel/City Attorney; Linda D. Daniels, Redevelopment Director; Tranda Drumwright, Housing Programs Manager; Jan Reynolds, RDA Analyst II; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Trang Huynh, Building and Safety Official; James Troyer, Planning Director; Mike Diaz, Sr. Planner; John Gillison, Deputy City Manager/Administrative Services; Sid Siphomsay, Information Services Analyst I; Charles Scott, Sr. Information Services Specialist; Deborah Clark, Library Director; Lieutenant Bill Lenew, Rancho Cucamonga Police Department; Chief Peter Bryan, Fire Marshall Rob Ball, 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. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a check to the City in the amount of $6,500 for the Pacific Electric Trail Enhancement Program. Bob Curtis and Dennis Jones of the Pacific Electric Trail Enhancement Program presented a check to the City in the amount of $6,500 for trail enhancement. Mayor Pro Tem Williams stated the next bike-a-thon is scheduled for May 10, 2008. L PUBLIC COMMUNICATIONS Presentation from Bill Postmus, San Bernardino County Assessor Bill Postmus, San Bernardino County Assessor, stated the largest assessment reporting was announced in June 2007 for $165 billion. He stated Rancho Cucamonga's total assessment was $20 billion. He stated the Victoria Gardens mall is the 5th highest assessed property in San Bernardino. He continued reporting information about the County's assessed valuation from their annual report, which is on file in the City Clerk's office. He stated he looks forward to working with the City during these economic times. Mayor Pro Tem Williams asked if someone feels their property has dropped in value, what should they do. Mr. Postmus stated they can contact his office on line with their concern. He stated for everyone's information, he will be doing an across the board cut next year. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 3 12. Gary Lacy, Executive Director of CHECK, stated he' has heard about a lawsuit of the Fire District (Kilmer vs. Taylor), and asked that it be agendized during a regular meeting for discussion. He stated there are some on the Council that want to settle this. He stated he would like to know the facts about this and also information regarding other fire fighter cases. He felt the Council has in the past hid this type of information from the public. He stated the Fire District is a separate entity and the City should not be paying any money to settle any lawsuit. 13. Jerie Lee wanted to talk about the Fire District workshop previously held November 8th. She didn't see how Councilmembers Michael and Spagnolo can vote on any issue pertaining to the Fire District since they are retired from there and felt it was a conflict of interest. She stated she has done some calculations on how many calls each fire station handles. She said there is not a need for any more fire stations in the City. She felt our money would be better spent on a call station as opposed to a fire station. 14. Jim Moffatt wanted to talk about the sign ordinance relating to political signs, but will bring this back at a future meeting. 15. John Lyons wanted to wish all the fire fighters, including all the residents, a Merry Christmas. He felt they have done a good job fighting all the recent fires. He was glad to hear he is getting a rebate on his taxes. He encouraged everyone to shop Rancho Cucamonga. J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL. & FIRE PROTECTION DISTRICT J1. CORPORATION - A request to develop 225 workforce apartment units on 12.87 acres of land in the Medium Residential District (8-14 units per acre), located at 13233 Foothill Boulevard, west of the Etiwanda San Sevaine Flood Control Channel, and east of the Southern California Edison Transmission Line Corridor -APN: 0229-041-10 CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DENSITY BONUS AGREEMENT DRC 2007-00119 - PITASSI ARCHITECTS -Review of proposed Density Bonus Agreement (also referred to as Housing Incentive Agreement) to implement Development Review DRC2006-00540 allowing a density bonus and modifying specific development standards for the construction of 225 workforce apartment units on vacant property in Medium Residential District (8-14 dwelling units per acre), located at 13233 Foothill Boulevard, west of the Etiwanda San Sevaine Flood Control Channel, and east of the Southern California Edison Transmission Line Corridor -APN: 0229- 041-10 Jack Lam, City Manager, stated this item has been moved up to the front of the agenda to accommodate those wanting to speak tonight. He stated there would be a staff report, a report by the applicant and a report by the appellant. It would then be opened up to anyone else that wanted to speak on this item. Mike Diaz, Sr. Planner, gave a staff report and power point presentation, which is on file in the City Clerk's office. Councilmember Michael asked if the developer could have asked for a higher density bonus than they asked for. Mike Diaz, Sr. Planner, stated they could have asked for 35%, but they asked for 25%. James Markman, City Attorney, stated the Density Bonus Code is through State Law and has to be offered. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 4 Councilmember Gutierrez asked if any studies were done on crime. Mike Diaz, Sr. Planner, stated no formal study was done, but the Police Department is prepared to address any issues that have occurred in the area. Mayor Pro Tem Williams pointed out the City has nothing to say about what the schools do as far as classroom size, etc. Mayor Kurth called the applicant to speak first. Pete Pitassi stated he is speaking on behalf of the applicant, Northtown Housing Development Corporation. He presented a power point presentation, which is on file in the City Clerk's office. He thanked staff for their work on this project and appreciated their cooperation. Councilmember Gutierrez asked what the difference is between this project and a HUD project. Pete Pitassi stated design is one aspect and that they have put a great deal of time into this. He stated the second aspect is management and the professional manner in which they provide their management for the project. He commented on the amenities for this project. Councilmember Gutierrez asked how we know they won't allow criminals and people with poor backgrounds into this development. Pete Pitassi stated there are strict application requirements. He stated there were almost 300 people that have expressed interest. He stated credit checks, criminal and eviction records are also looked at. He stated if people do not pass these checks they will not go further in the process. Councilmember Michael asked about the ingress and egress into the project. Pete Pitassi explained the design for this project. Mayor Kurth called the appellant to speak next. Joseph Sibrie, Cornwall Avenue, stated the Council has had time to read all the letters sent in by the residents. He stated they have not had one response by the City from any of their letters that were sent. He distributed and presented information entitled "California Constitution Article 34," which is on file in the City Clerk's office. He felt 75% of the units for this project are low income units. He also referred to Health & Safety Code Section 33413 information, which is on file in the City Clerk's office. He did not feel this project should be allowed at this site because it is outside the Redevelopment Project Area. He felt it needed an EIR. He also referred to another document from LSA Associates, which is on file in the City Clerk's office. He didn't feel this project should be 100% affordable housing. He stated they are not against affordable housing, just this project because it should be smaller and not be 3 stories high. Kenneth Van Horn, Chestnut Avenue, talked about the inspections done on the project, the workers parking on the project, the mitigation measures for the project, and showed pictures of the windy days. He referred to the many environmental issues they saw with the project. They did not feel this project should be approved. He mentioned that air quality was considered and that he did not, feel it was completely safe. He mentioned the school fees and wondered if the developer would pay the mitigated or unmitigated school fees because that would make a difference to the schools. He felt this project would create noise. He mentioned there were no sidewalks to the park. He did not feel the traffic studies were done adequately. He hoped the Council appreciates the concerns of the appellant and also the legalities of it. They hoped that the Council will not approve the project. A recess was taken at 8:55 p.m. The meeting was called back to order at 9:11 p.m. with all members present. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 5 Jose Cerezo stated he is a former resident of Villa del Norte and that the Northtown Development Corporation provided him a lot of opportunities. He felt it was a great project to live in and that he also liked the architecture of San Sevaine. He stated he supports this project. Mike Brown stated he lives on Chestnut. He felt there are concerns that need to be addressed before this project starts. He felt his kids need to be safer. He felt sidewalks need to be developed for safer access to retail stores. He also felt stop signs and speed bumps need to be installed to better control traffic. He asked that the City be developed in a way that is fair to all the residents. He felt this area has been overlooked. Kurt Shull stated he has worked with Northtown Development Corporation (NDC) in the past. He felt the area that the San Sevaine Project is going in is not safe. He talked about some of the other beautiful projects that NDC has built. Betty Wanner stated she is opposed to this project. She stated she hears a lot of traffic noise already. She stated a lot of people already cut through their neighborhood to get to Foothill. She didn't think her neighborhood could accommodate the additional traffic. She felt there would be more accidents on Foothill because of this project. She felt the project was too big, and felt changes needed to be made. Tawnia VanHorn stated she is opposed to this project. She did not understand how the density bonus can be approved. She stated they didn't want extra density in their neighborhood. She felt there was minimal disability access around this project. She felt the capital improvements should be done first. Susan Jackson, Redlands, California, stated her family lives here. She stated she used to work with NDC and felt their work was amazing. She stated they are always trying to improve the community. She stated NDC always improves the areas they are involved in. She supported this venture. Martin Acosta stated he has lived in a NDC project and felt they have made a lot of improvements to the areas they have built in. He supported the San Sevaine project. Laura Mendez stated she has lived in this area since 1956. She stated they are the lost neighborhood of the City. She felt nothing has been done to improve their area and now low income housing is going next door to them. She hoped the Council would support them. Terri Ebell stated she opposed the San Sevaine project. She felt it would have a negative impact on their neighborhood, such as crime, including vandalism and assault. She felt this would change her small and safe neighborhood. Donna Castrejon stated she is a Northtown resident and a participant in the first time home buyers program. She stated she is also an employee of the City. She stated it is not a crime to live in low income housing because they also want the best for their families. She didn't feel walls and barriers should be set based on people's income. Shayon Stamper felt this project will bring crime and gangs. He felt this will also overcrowd schools. He stated he does not want this project next to where he lives. He felt the Council should have built low income housing next to one of their homes. Heather Vernoy stated she opposes the project, but has no problem with low income housing. She felt the density was a problem. She felt the estimated student number was not correct. She stated the traffic is a concern to her. She stated she is concerned about the exits out of the project and felt this will create more traffic on East Avenue. She stated she opposes this project. Juan Cruz (speaking on behalf of his father who speaks Spanish) stated he opposes the project because he feels it is too large. He felt his neighborhood is negatively impacted because of the jail and the people released that are coming through their neighborhood. He felt the City has discriminated against its Spanish speaking residents. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 6 Maria Cruz (translator used) stated she is concerned about her family's safety. She talked about a prisoner that was released from jail and the trouble they caused. She did not feel they had protection to their neighborhood from the prisoners released. Diane Chormicle questioned whether NDC will do what they can to protect their neighborhood from crime. She opposed this project and felt it should be redesigned. Alba Aguayo did not feel this area could handle a low income housing development. She stated they do not have block walls to protect their neighborhood. She felt her neighbors will pay the price for this project. She felt it was too large. She felt some of the Spanish speaking residents have been discriminated against. Jerome Pointer stated he has no problem with low income housing, but felt the San Sevaine project has too many units in it. He didn't feel we need any more of these projects in the City. He didn't agree with the calculations on the number of kids that would be from this project that would be going to school. He didn't feel the City was taking care of this area of the City. Hilda Irish stated she supports the San Sevaine project because she does work with low income people and that she is one of them. She stated she believes in education for everyone. She stated she cannot afford high rent and felt NDC does a great job with everything they do. She hoped the Council would approve this project. Loretta Veylupek did not feel the density bonus should be approved and stated the traffic is terrible as it is right now. She stated there is a lot of speeding traffic on Foothill. She felt more cars on the street would be a disaster and hoped the Council would do something to control it. Lynn Ashton was not present to speak. The Council decided to continue with the meeting even though it was 10:00 p.m. Bryan O'Connell stated he is the one that started the opposition to this. He stated he started challenging this project about three years ago. He felt the San Sevaine project will destroy all the work that has been done for his area. He didn't feel people were properly notified about this hearing. He felt this neighborhood is unsafe and that the prison wasn't helping the situation. He felt this is a bad idea for this neighborhood. Eric Gail stated he opposes the San Sevaine project. He felt this project would impact the Fontana area to the east of this project in a negative manner. He felt there needed to be an EIR and a redesign of the project. Debbie Schoeller stated she has no problem with low income housing, but felt there were too many units for this project. She did not agree with the number of kids that would be going to the local schools. She stated she opposes the project and wished ii could be smaller. Norm MacKenzie, Rancho Cucamonga Chamber of Commerce, felt this project is much needed. He stated the City is lucky to have NDC as part of the community. He stated there has not been enough affordable housing in the City and families cannot afford to live here. He stated he supports this project. Edith Johnson stated there is no handicap ramp from Chestnut to get to the Food 4 Less. She talked about the lack of sidewalks in this area, and added this is very unsafe. She stated it is also difficult to get out from Cornwall to Foothill because of the traffic. She stated this area is unsafe and felt it needed to be improved. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 7 Russell Veylupek felt the public noticing was deceiving. He-did not feel what is being proposed was a good thing for this area. He felt this would create a lot of traffic and crime. He felt there was the possibility of people who might not be able to pass the credit check and background check, moving in with someone that has passed all the screenings, and that this would be a problem. He stated he opposed this project and felt it should be reworked and made smaller. Mike Walters stated it's not that his neighbors don't want low income housing units, but felt this wasn't the right project for this area. He asked the Council to consider their neighborhood when making their decision. Carol Norris wanted to thank NDC for what they have done for her. She stated she approves of this project and felt we need more of these types of developments. Diana Rivanis commented on the overcrowded schools. She mentioned the traffic to get to the market. She asked the Council to remember their kids and felt this should be downsized or disbursed throughout the City. Becky Hurst talked about where she used to live in West Covina because they were low income housing units. She stated she is concerned about crime and the traffic this project will generate. She felt the project should be made smaller or felt it should be a senior housing project. Chris Rivanis felt NDC seems like a decent developer, but didn't know why we would want to put so many units in the proposed area. He felt this should be re-evaluated and possibly place some of these units throughout the City. He felt this area is very dumpy and needed sidewalks and other improvements to make it better. He felt this would have an impact on crime increasing and also more traffic. He hoped the Council would use common sense when making their decision. Karol Kluz talked about accidents near her house. She stated being the corner house, she has people hanging out on her corner. She felt it was unsafe because of no handicap access. She stated the traffic from the car races also close them in when they are taking place. She stated this large of project is what concerns her and felt the project should be smaller. Jean Mendez stated she doesn't break any laws and also pays taxes. She stated she told her husband she could sell her house and move in next door and would not have to work. She stated she is excited about the park that is going to be built in her area, but wasn't sure what type of people will be using this park. She is concerned about her property value going down. Jeannie Bowhay was not present to speak. Enrique Morales was not present to speak. Angie Avila stated she does not like what she sees in the Etiwanda area of the City. She stated adequate infrastructure has not been built with all the development going on far this area. She felt the Spanish speaking population has been taken advantage of. She stated she opposes the San Sevaine project and felt it should be smaller. Emily Spinney stated she is opposed to this project. She stated she has a letter that states the schools will be impacted by this project. She mentioned the traffic congestion. She showed pictures of their area. She stated there are not proper sidewalks for this area. She opposed this project. Manuel Rodriguez was not present to speak. John Lyons encouraged the Council to support this project. He stated the younger population can benefit from this project because they can hopefully qualify to live in the San Sevaine project. He felt all the people speaking should be fighting to get improvements for their neighborhood. There being no further input, Mayor Kurth closed the public hearing Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 8 Councilmember Gutierrez stated he is concerned about people moving into the apartments that are rented that are not getting their background check to live there. Pete Pitassi asked Lori Horn to respond to this question. Lori Horn stated income certifications are done on every household member over the age of 18. She stated once a year they recertify every household. A recess was called at 11:01 p.m. The meeting was called back to order at 11:10 p.m. with all members present. Councilmember Spagnolo asked about the Article 34 information James Markman, City Attorney stated Article 34 is a law in the constitution that states a local entity would have to conduct an election if 49% of the units are low income units. He stated this project does not have this. He stated Article 34 does not apply to this project. He mentioned this project being built out of the project area. He stated if any Redevelopment Agency does adopt a resolution, which was done many years ago in Rancho Cucamonga, it can build outside the project area. He stated an EIR is not required and that the Council is being asked to approve a mitigated negative declaration. He stated the state taw provides for the density bonuses, and the City cannot deny it. He stated up until about the mid 80's, the City could regulate the schools, but cannot do this any longer. Councilmember Spagnolo stated not much has changed in the Cornwall tract. He stated it is their neighborhood and it is their responsibility to take care of it. He did not feel it is just the City's problem what is going on in there. He mentioned the State says the City has to build affordable housing units, or they will come in and build it for you. He stated we have high standards far the affordable housing units we currently have. He talked about the accomplishments of Nacho Gracia with NDC. He stated this will not create crime in their community, and that they need to work on what they currently have going on in their neighborhood. He stated the City is willing to sit down with the residents to help them. Councilmember Michael talked about his own experiences with his neighborhood. He stated most people have to pay an assessment for street lighting and landscaping. He stated some of the issues brought up are separate from the San Sevaine project. He stated there are improvements planned for this area along Foothill, the new park being developed, and hopefully improvements along Etiwanda. He stated workforce housing is necessary to provide housing for all income levels. He stated he hasn't heard anything that crime will increase and traffic would be a problem because of this project. He stated everyone has received and considered the letters sent to them. He asked if there was any information presented tonight that should keep them from moving forward with this project. James Troyer, Planning Director, stated no. Councilmember Gutierrez felt the people from the Chestnut/Ivy area have been ignored. He stated he wants to get a schedule for the street improvements for this area. He stated this area needs a lot of work. He felt this would really be a nice project and did not feel it would be a detriment at all. He stated the City is working on the jail issue. He felt the people will be heard and the background checks will be done on the people moving in. Mayor Pro Tem Williams asked the City Attorney why the Council did not respond to the letters. James Markman, City Attorney, stated before the Council can respond, they need to have the hearing and receive evidence and discussion before they make their decision. He stated for this reason, he asks the Council not to take a position on the item to be discussed. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 9 Mayor Pro Tem Williams stated that is why there was not a response to the letters. She stated the Council has heard what everyone has said about their neighborhood. She felt possibly after the first of the year there should be a big neighborhood meeting, possibly form some districts and create a change. She didn't see any reason why the San Sevaine project shouldn't be approved. Mayor Kurth hoped the improvements along Foothill will help their situation. He felt the prisoners being released from Wesi Valley is a problem. He stated there is a group of volunteers that tries to assist the released prisoners, which will make their neighborhood safer. He felt homelessness is a problem throughout the County. He stated there is always room for volunteers to help these types of problems. He stated because this project meets all the requirements, it would be hard to deny it. He stated people that buy property have the right to develop it. He stated property values have not gone down because of workforce housing projects. He felt the quality will not go down with this project, and that it has to meet all the standards of the City. He stated he believes and trusts the judgment of the City Attorney. He felt Northtown Development Corporation has done some great things in the City. He stated he is supportive of this project. RESOLUTION NO. 07-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE DEVELOPMENT REVIEW DRC2006-00540, THE DESIGN REVIEW FOR 225 WORKFORCE APARTMENT UNITS AND A COMMUNITY BUILDING ON 12.87 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), LOCATED AT 13233 FOOTHILL BOULEVARD, IN THE AREA BETWEEN THE ETIWANDA SAN SEVAINE FLOOD CONTROL CHANNEL ON THE EAST, AND THE SOUTHERN CALIFORNIA EDISON TRANSMISSION CORRIDOR ON THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-041-10 RESOLUTION NO. 07-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, denying AN APPEAL AND APPROVING DENSITY BONUS AGREEMENT (ALSO REFERRED TO AS HOUSING INCENTIVE AGREEMENT) DRC2007-00119, TO IMPLEMENT DEVELOPMENT REVIEW DRC2006-00540, ALLOWING A DENSITY BONUS AND MODIFYING SPECIFIC DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF 225 WORKFORCE APARTMENT UNITS ON VACANT PROPERTY IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), LOCATED AT 13233 FOOTHILL BOULEVARD, IN THE AREA BETWEEN THE ETIWANDA SAN SEVAINE FLOOD CONTROL CHANNEL ON THE EAST, AND THE SOUTHERN CALIFORNIA EDISON TRANSMISSION CORRIDOR ON THE WEST - APN: 0229-041-10; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Spagnolo, seconded by Gutierrez to approve Resolution Nos. 07-269 and 07-270. Motion carried unanimously 5-0. J2. CONSIDERATION OF ADOPTION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (SANDOVAL PIPELINE ENGINEERING - APNS 0229-181-03 & 11 -ANNEXATION NO. 07-9) TO AN EXISTING COMMUNITY FACILITIES DISTRICT CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS A staff report for items J2, J3 and J4 was presented by Jack Lam, City Manager. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 10 President Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. FD 07-064 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-9) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (QFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS MOTION: Moved by Michael, seconded by Williams to approve Resolution Nos. FD 07-064, FD 07-065 and FD 07-066. Motion carried unanimously 5-0. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-10) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS Refer to item J2 for action taken. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-8) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS Refer to item J2 for action taken. THE FIRE PROTECTION DISTRICT AND THE CITY COUNCIL WILL JOINTLY CONSIDER THE FOLLOWING PUBLIC HEARING ITEM (#5): RESOLUTION NO. FD 07-065 RESOLUTION NO. FD 07-066 Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 11 J5. CONSIDERATION OF ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES AND THE 2007 CALIFORNIA FIRE CODE A staff report was presented by Jack Lam, City Manager. President/Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, Secretary/City Clerk read the titles of Ordinance Nos. 784 and FD 46. ORDINANCE NO. 784 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32 OF TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2007 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2," 2006 EDITION, INCLUDING APPENDICES THERETO; THE 2007 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE," 2006 EDITION, INCLUDING APPENDICES THERETO; THE 2007 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2006 EDITION, INCLUDING APPENDICES THERETO; THE 2007 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 2005 EDITION, INCLUDING APPENDICES; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS AND EXCEPTIONS CONSIDERATION OF A RESOLUTION SETTING FORTH FINDINGS OF FACT WITH RESPECT TO LOCAL CONDITIONS WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE NECESSARY RESOLUTION NO. 07-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF RANCHO CUCAMONGA WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA ELECTRICAL CODE NECESSARY ORDINANCE NO. FD 46 (Second Reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND REPEALING CONFLICTING ORDINANCES CONSIDERATION OF A RESOLUTION SETTING FORTH FINDINGS OF FACT AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 17958.7 Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 12 RESOLUTION NO. FD 07-061 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS WHICH MAKE CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS TO THE CALIFORNIA FIRE CODE REASONABLY NECESSARY MOTION: Moved by Spagnolo, seconded by Michael to waive full reading and approve Ordinance Nos. 784 and FD 46 and to also approve Resolution Nos. 07-271 and FD 07-061. Motion carried unanimously 5-0. K. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC' COMMENTS Councilmember Spagnolo asked the City Manager to give a response to Mr. Lacy's earlier comments about Fire District litigation matters. Jack Lam, City Manager, stated since 1989 there has only been two (2) lawsuits involving the Fire District. He stated one was an ADA matter and the second one cannot be discussed because of the pending litigation. He stated once resolved it can be public information. Councilmember Michael stated there is information out there that the City is trying to settle this suit and didn't now where this information came from. James Markman, City Attorney, stated pending litigation will never be discussed in public. He stated any litigation where there is a settlement agreement can be obtained because ii is public information. He stated there have been very few Fire District cases in the past, and was not aware of any that went to litigation. He did not understand what Mr. Lacy is getting at. Mayor Kurth felt the public hearing went well and that the action taken was what was best for the City. L. CONSENT CALENDAR -REDEVELOPMENT AGENCY Lt. Approval of Minutes: November 7, 2007 November 7, 2007 November 8, 2007 November 21, 2007 November 26, 2007 (Special Meeting re Anti-Smoking Regulations -Spagnolo absent) (Regular Meeting -Spagnolo absent) (Special Meeting -Fire Strategic Plan) (Cancellation of Regular Meeting) (Special Joint Meeting w/PRC -Tour of aquatics centers) L2. Approval of Check Register dated October 31 through November 27, 2007, for the total amount of $4,218,490.45. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 13 L3. Authorization to reject all bids for "Epicenter Stadium Seat Replacement and Cross Aisle Waterproofing," and authorize the City Clerk to re-advertise the "Notice Inviting Bids" for Epicenter Stadium Seat Replacement and Epicenter Cross Aisle Waterproofing as separate projects, to be funded from RDA Stadium Complex Capital Improvement Fund and RDA Public Improvements Fund. RESOLUTION NO. RA 07-027 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR "EPICENTER STADIUM SEAT REPLACEMENT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS RESOLUTION NO. RA 07-028 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR "EPICENTER CROSS AISLE WATERPROOFING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Approval of Plans and Specifications for Stadium Outfield Fence Replacement and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from RDA Public Improvements Fund. RESOLUTION NO. RA 07-029 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR STADIUM OUTFIELD FENCE REPLACEMENT AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval of an Architectural Services Agreement with RRM Design Group (RA 07-024) for architectural services for the Base Line Fire Station (178), located on Base Line west of Spruce, in the amount of $393,210.00, authorize the expenditure of a 10% contingency in the amount of $39,320.00, funded from Acct. No. 2505801-5650/1645505-6311, and approval of a transfer of $432,530.00 (Architectural Services Agreement award not to exceed $393,210.00 plus 10% contingency in the amount of $39,320.00) from Fire Bond Reserves in Acct. No. 2660801-9505 to Acct. No. 2505000-8660 and an appropriation of $432,530.00 to Acct. No. 2505801-5650/1645505-6311. L6. Approval of modifications to Regulatory Agreements for properties located at 10244 Arrow Route (Monterey Village Apartments); 8837 Grove Avenue (Rancho Verde Village Apartments); 9181 Foothill Boulevard (Mountainside Apartments); and, 7127 Archibald Avenue (Sycamore Springs). MOTION: Moved by Michael, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. M. CONSENT CALENDAR -FIRE PROTECTION DISTRICT M7. Approval of Minutes: November 7, 2007 (Regular Meeting -Spagnolo absent) November 8, 2007 (Special Meeting -Fire Strategic Plan) November 21, 2007 (Cancellation of Regular Meeting) Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 14 M8. Approval of Check Register dated October 31 through November 27, 2007, for the total amount of $183,442.62. M9. Approval of a boundary map showing Parcel Number 0209-211-41 (6'h & Hermosa JP/DF, LLC), located on the northwest corner of 6'" Si. & Hermosa Avenue, to be annexed into CFD 85-1. RESOLUTION NO. FD 07-062 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 07-11) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 M10. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 07- 11 (APN: 0209-211-41; 6'" & Hermosa JP/DF, LLC), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 07-063 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 07-11) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Williams, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. N. CONSENT CALENDAR -CITY COUNCIL N11. Approval of Minutes: October 22, 2007 (Special Jt. Meeting w/PC -Kurth absent) November 7, 2007 (Special Meeting re Anti-Smoking Regulations - Spagnolo absent) November 7, 2007 (Regular Meeting -Spagnolo absent) November 8, 2007 (Special Meeting -Fire Strategic Plan) November 21, 2007 (Cancellation of Regular Meeting) November 26, 2007 (Special Joint Meeting w/PRC - Tour of aquatics centers) N12. Approval of Check Register dated October 31 through November 27, 2007, and payroll ending November 27, 2007, for the total amount of $8,902,629.17. N13. Approval to authorize the advertising of the "Notice Inviting Bids" for the Highland Avenue and Fairmont Wav Street Improvements from San Benito to Kennon Wav and Highland Landscape north of Highland from San Benito to Deer Creek Channel, to be funded from Transportation and Capital Reserve Funds. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 15 RESOLUTION NO. 07-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HIGHLAND AVENUE AND FAIRMONT WAY STREET IMPROVEMENTS FROM SAN BENITO TO KENYON WAY AND HIGHLAND LANDSCAPE NORTH OF HIGHLAND FROM SAN BENITO TO DEER CREEK CHANNEL" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS N14. Approval to authorize the advertising of the "Notice Inviting Bids" for the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass Avenue and Wilson Avenue, to be funded from Transportation and Beautification Funds. RESOLUTION NO. 07-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AVENUE AND WILSON AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS N15. Approval of a resolution to request authorization from CaIPERS to provide Medicare Eligibility to Non-eligible employees. RESOLUTION NO. 07-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO REQUEST AUTHORIZATION FROM THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ("CaIPERS") TO DIVIDE THE RETIREMENT SYSTEM INTO TWO SECTIONS PURSUANT TO TITLE 2, CALIFORNIA ADMINISTRATIVE CODE, ARTICLE 3, DIVISION OF RETIREMENT SYSTEM FOR MEDICARE COVERAGE PURPOSES N16. Approval of an agreement with the Chaffey College Foundation (CO 07-223) to broadcast the "Chaffey College Foundation Telethon" on RCTV-3. N17. Approval of a request from the American Cancer Society for the Waiver of Central Park Room Rental fees for once per month committee meetings through April 7, 2008, far the Relay for Life event. N18. Approval of review and acknowledgement of a Sublease between J. Filippi Vintage Company, Inc. and Saffron Catering & Event Services, Inc., for space within Regina Winery as being consistent with the terms of the Ground Lease between the City of Rancho Cucamonga and J. Filippi Vintage Company. N19. Approval of a resolution authorizing the City's Finance Director to file and sign a claim for reimbursement of Local Transportation Fund, Article 3 Funds that the San Bernardino Associated Governments had set aside for construction of the Pacific Electric Inland Empire Trail, Phase 3. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 16 RESOLUTION NO. 07-275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY'S FINANCE DIRECTOR TO FILE AND SIGN A CLAIM FOR REIMBURSEMENT OF LOCAL TRANSPORTATION FUND, ARTICLE 3 FUNDS THAT THE SAN BERNARDINO ASSOCIATED GOVERNMENTS HAD SET ASIDE FOR THE CONSTRUCTION OF THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL, PHASE 3 N20. Approval of a resolution of the City Council adopting a Solar Rebate Program for the Municipal Utility Area pursuant to California Solar Initiative as required by Senate Bill 1. RESOLUTION NO. 07-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A SOLAR REBATE PROGRAM PURSUANT TO THE REQUIREMENTS OF SENATE BILL 1 N21. Approval of release of Real Property Improvement Contract and Lien Agreement for Parcel 2 of Parcel Map 7891, located on the south side of Foothill Boulevard, east of Hermosa Avenue (previously Turner). RESOLUTION NO. 07-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PARCEL 2 OF PARCEL MAP 7891, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD EAST OF HERMOSA AVENUE (PREVIOUSLY TURNER) N22. Approval of a request to vacate a 5-to-10-foot wide by 500-foot long excess drainage easement, V-212 by Alex Ma, along the east side of Alta Loma Channel, located between Hellman Avenue and Beryl Street (6928 Hellman Avenue) -APN: 0202-041-62. RESOLUTION NO. 07-278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE VACATION (V-212) OF A PORTION OF ALTA LOMA CHANNEL LOCATED BETWEEN HELLMAN AVENUE AND BERYL STREET (6928 HELLMAN AVENUE) N23. Approval of map and ordering the annexation to Landscape Maintenance District No. 6 and Street Lighting Maintenance District Nos. 1 and 5 for Parcel Map 16884 located at 6433 Puma Place, submitted by BLU Croix, LTD, on behalf of Verizon California-APN: 0225-271-49. RESOLUTION NO. 07-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16884 Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 17 RESOLUTION NO. 07-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 5 FOR PARCEL MAP 16884 N24. Approval of map and monumentation cash deposit for Parcel Map 17866, located on the east side of Rochester Avenue, south of Foothill Boulevard, submitted by Rochester Park Group, LLC. RESOLUTION NO. 07-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 17866 AND ACCEPTING THE MONUMENTATION CASH DEPOSIT N25. Approval of map and monumentation cash deposit for Parcel Map 18579, located on the west side of Haven Avenue, north of 6'° Street, submitted by Havenpointe, LLC. RESOLUTION NO. 07-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 18579 AND ACCEPTING THE MONUMENTATION CASH DEPOSIT N26. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $172,730.06 to the apparent low bidder, Grand Pacific Contractors, Inc. (CO 07-208), and authorize the expenditure of a 10% contingency in the amount of $17,273.00, for the La Senda and Etiwanda Channel Access Ramps and Foothill Boulevard Drainage Improvements, to be funded from General Drainage Funds, Account Nos. 1 1 1 23035650/1 5541 1 2-0, 11123035650/1557112-0, 1 1 1 2303 5650/1 5581 1 2-0 and appropriate an additional amount of $47,000.00 to Account No. 1 1 1 23035650/1 5541 1 2-0, from General Drainage Fund Balance. N27. Approval to appropriate $1,118,368 into Acct. No. 1016301-5300 (Community Development Technical Services Fund 016) and approval to execute a Professional Services Agreement with Hogle- Ireland, Inc. (CO 07-209) not to exceed $1,118,368 for the preparation of a General Plan Update and Environmental Impact Report (EIR) for the City of Rancho Cucamonga. N28. Approval to execute a Professional Services Agreement with RJM Design Group (CO 07-210) for design services for the Phase II Master Plan of Etiwanda Creek Park in the amount of $100,610.00, and authorize the expenditure of a 10% contingency in the amount of $10,061.00, funded from Acct. No. 1120305-5650/1617120-0 and approval of an appropriation of $110,671.00 from Park Development Fund to Acct. No. 1120305-5650/1617120-0. N29. Approval to accept bids received and award and authorize the execution of the contract in the amount of $1,035,208.05 to the apparent low bidder, Land Forms Landscape Construction, Inc. (CO 07- 211), and authorize the expenditure of a 10% contingency in the amount of $103,520.81 for the Alfredo Ward Maloof Greenbelt Project, to be funded from Beautification funds, Acct. No. 1110316- 56 5 0/1 3 3 51 1 0-0 and Park Development funds, Acct. No. 1120305-5650/1335120-0 and appropriate an additional amount of $330,000.00 to Acct. No. 1120305-5650/1335120-0 from Park Development fund balance. N30. Approval to accept bids received and award and authorize the execution of the contract in the amount of $122,184.00 to the apparent low bidder, Pete & Sons Construction, Inc. (CO 07-218), and authorize the expenditure of a 10% contingency in the amount of $12,218.40 for the Archibald Avenue Community Trail from Banyan Street to Wilson Avenue, to be funded from Beautification Funds, Acct. No. 1110303-5650/1607110-0. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 18 N31. Approval of agreements for 800 MHz radio communications system access/paging services and equipment maintenance services between the City of Rancho Cucamonga and the County of San Bernardino (CO 07-219), and between Rancho Cucamonga Fire Protection District and the County of San Bernardino. N32. Approval of Improvement Agreement Extension for Tract 15982, located on the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 07-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15982 N33. Approval of Improvement Agreement Extension for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 07-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 15982-1 N34. Approval of Improvement Agreement Extension for Tract 16908, located on the north side of Arrow Route, west of Baker Avenue, submitted by HL Homes Corporation. RESOLUTION NO. 07-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16908 N35. Approval of Improvement Agreement Extension for Tract 16227-1 located at the northwest corner of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. RESOLUTION NO. 07-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227-1 N36. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Cash Deposit and file a Notice of Completion for improvements for DR00-27, located at the northeast corner of 19`h and Carnelian Streets (The Vons Store within the Alta Loma Shopping Center), submitted by the Vons Companies, Inc., a Michigan Corporation. RESOLUTION NO. 07-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR00-27 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 19 N36. Approval to release Maintenance Letter of Credit far DRC2001-00439, located at the southeast corner of Vineyard Avenue and Calle Del Prado, submitted by Lifeway Church, a California nonprofit religious corporation. N38. Approval to accept Improvements, retain $1,770.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond and file a Notice of Completion for improvements for DRC2003-00199, located on the southwest corner of Sebastian and Rochester, submitted by YNS Enterprises, No. 2, LLC. RESOLUTION NO. 07-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00199 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N39. Approval to release Maintenance Guarantee Bond for DRC2003-00732, located on the north side of Jack Benny Drive, east of Rochester Avenue, submitted by Bates-Evergreen Partners, LLC & Stadium Plaza South. LLC. N40. Approval to accept Improvements, retain $860.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion far improvements for DRC2004-00897 (Parcel Map 17988), located on the south side of Jersey Boulevard between Rochester Avenue and Boston Place, submitted by Jersey Partners, LLC. RESOLUTION NO. 07-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2004-00897 (PARCEL MAP 17988) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N41. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for the traffic signal at Long Meadow Drive and Victoria Park Lane for Tract No. 16372, located on the northwest corner of Church Street and Etiwanda Avenue, submitted by Victoria Arbors, LLC. RESOLUTION NO. 07-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNAL AT LONG MEADOW DRIVE AND VICTORIA PARK LANE FOR TRACT NO. 16372 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK N42. Approval to accept Improvements, retain $620.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 16488, located on the north side of Laurel Street, between Red Oak Street and Aspen Avenue, submitted by Oasis Homes, Inc. RESOLUTION NO. 07-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16488 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 20 N43. Approval to accept Improvements, retain $2,180.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Parcel Map 16574, located on the southwest corner of Teak Way and Ironwood Street, submitted by Martinez Properties, LLC. RESOLUTION NO. 07-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO; CUCAMONGA, CALIFORNIA, ACCEPTING THE 'PUBLIC IMPROVEMENTS FOR PARCEL MAP 16574 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N44. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Cash Deposit, and file a Notice of Completion for improvements for Parcel Map 17077, located on the southeast corner of Day Creek Boulevard and Foothill Boulevard, submitted by Foothill Crossing Rancho, LLC. RESOLUTION NO. 07-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17077 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N45. Approval to accept the Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for Tract 17277, located on the east side of Archibald Avenue, north of 6'" Street, submitted by G & L Commercial, LLC. RESOLUTION NO. 07-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 17277 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N46. Approval to accept Improvements, release the Faithful Performance and Labor and Materials Bonds, and file a Notice of Completion for Lions Centers East and West Electrical Switchgear Upgrade, Contract No. 07-008. RESOLUTION NO. 07-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LIONS CENTER EAST AND WEST ELECTRICAL SWITCHGEAR UPGRADE PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 21 O. CONSENT ORDINANCES 01. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT - DRC2005-00523 -CREATIVE DESIGN ASSOCIATES - A request to change the Development District Map from Medium Residential to Low-Medium Residential to bring the site into conformance with the General Plan, located on the west side of Archibald Avenue and 150 feet north of Monte Vista Street - APN: 0202-131-27, 0202-131-61 and 62. Related files: Tentative Tract Map SUBTT17444, Development Review DRC2005-00250, Minor Exception DRC2005-00522, Tree Removal Permit DRC2005-00521 and Preliminary Review DRC2004-00331. ORDINANCE NO. 783 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00523, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO LOW-MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 2.17 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE AND SOUTH OF 19T" STREET; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0202-131-27, 61 AND 62 Debra J. Adams, City Clerk, read the title of Ordinance No. 783. MOTION: Moved by Michael, seconded by Spagnolo to approve Ordinance No. 783. Motion carried unanimously 5-0. P. COUNCIL BUSINESS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) No announcements were made. 02. LEGISLATIVE AND REGIONAL UPDATES (Oral) No legislative report was given. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. Redevelopment Agency, Fire Protection District and City Council Minutes December 5, 2007 Page 22 R. ADJOURNMENT' The meeting adjourned at 12:05 p.m. Re ectfully ub itte Debra .Ada s MC Assistant Se tary/Secretary/City Clerk Approved: January 16, 2008