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HomeMy WebLinkAbout2008/05/07 - MinutesMay 7, 2008 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL REGULAR MEETING MINUTES A. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council was held on Wednesday, May 7, 2008, 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 7:08 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael, and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley, Management Analyst II; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Dawn Haddon, Purchasing Manager; Laura Bliese, Information Services Specialist I; Mike Toy, Information Services Specialist I; Mahdi Aluzri, Deputy City Manager/Community Development; Jerry Dyer, Sr. Civil Engineer; Corky Nicholson, Asst. Planning Director; Tom Grahn, Associate Planner; Candyce Burnett, Senior Planner; Rina Leung, Senior Planner; Barbara Tuncay, Assistant Planner; Mayuko Nakajima, Assistant Planner; Cathy Morris, Planning Specialist; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Susan Sluka-Kelly, Community Services Supervisor; Deborah Clark, Library Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Kathryn L. Scott, Assistant City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS Bi. Presentation of a Proclamation in recognition of "Veteran Appreciation Month." James Willingham, Veteran Representative, accepted the Proclamation. B2. Presentation of a Proclamation in recognition of "Business Appreciation Week," May 12-16, 2008 Accepting the Proclamation were: Norm MacKenzie, President/CEO, and Mike Gaumer, Chairman of the Board, Rancho Cucamonga Chamber of Commerce. B3. Presentation of a Proclamation in recognition of "National Historic Preservation Month." Accepting the Proclamation were Rancho Cucamonga Planning Commissioners: Pam Stewart, Chair; Richard B. Fletcher, Vice-Chair; Ray Wimberly, Member; Frances Howdyshell, Member; and Lou Munoz, Member. B4. Presentation of a Certificate to Caryn Elementary School in recognition of their active walking program and their efforts to encourage healthy lifestyles. Pamela Easter, Assistant City Manager, provided an update on the "Healthy Cities Program" and announced that the Park and Recreation Commission will be hosting a Public Forum on Thursday May 15`h @ Central Park to seek feedback on classes, programs, services, park and trail programming and special events that the Community Services Department can offer to help residents. Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 2 Pamela Easter introduced Julie Hillberg, Principal; Laura Tinker, Volunteer; and Mrs. Clark, Teacher, Caryn Elementary School, who accepted the Proclamation. Also introduced were 4~" & 5~h graders from Caryn Elementary School, recipients of the "Stinky Shoe" award -walking laps to help promote a healthy city. Each student received a Certificate. B5. Introduction of the "Healthy RC" logo. The students of Caryn Elementary School unveiled the new "Healthy RC" logo symbolizing our healthy RC program, developing mind, body and earth. The new logo was displayed on the back of their tee- shirts. C. PUBLIC COMMUNICATIONS C1. Bill Hanlon re Gold Star Banner and armed forces events. C2. Dee Barrow re objection to City-sanctioned day labor centers. C3. Dr. Camiar Ohadi re Cardio Vascular Awareness Symposium @ Victoria Gardens C4. Ed Hills re the ban of marijuana dispensaries C5. Cheryl Burns re day labor center & illegal immigration. C8. Emily Stillion re day labor center. C7. Jim Moffatt regarding Gold Star Banners C8. Jody Erickson re her son missing @ Playschool Cg. Betty Linker & Wilma Steeve re the Senior Advisory Committee Dinner & Auction C10. Elizabeth Allerton re day labor center. C11. Cathy Cushman re day labor center. C12. Jim & Gwynn Frost re "Run for the Wall." C13. Raymond Herrera re day labor center C14. Robin Hvidston re day labor center. C15. Sandie Smith -See Item 1.1 C16. John Lyons re reminder for graduates "to not drink and drive." C17. Jonathan Abraham re introduction of candidacy for State Assembly. Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 3 D. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo clarified that the City's Banner Program is not in trouble. He said it is in compliance with the law, and that it was the whole body who voted for the program. He said this body votes as a unit and they voted to fly the Prisoner of War flag. He said the City cannot use public funds to buy banners for any particular person. He said if a family cannot afford a banner, staff notifies the Council and Council makes sure the banner is flown. He said the money comes from donations (organizations/businesses) in the community. He added that there was an amendment made to the ordinance to include the display of a banner for service people who lost their lives in the line of duty. He said this was brought to their attention by a newspaper article in the "Daily Bulletin" regarding four local service people who lost their lives in the war. Councilmember Gutierrez: 1) stated that he and the others all help out with the banner program as the Council believes in supporting our members of the military; 2) apologized to Mrs. Erickson's regarding her son who was accidentally allowed to leave the Playschool room. He said that it is unfortunate and they will look into that. He said there have been several thousands, if not tens of thousands, of children going through this program and that statistically the City has a really good record; 3) thanked Ed Hills for coming and said we have a lot of work to do to oppose the Attorney General's ideas of making drugs more readily available to everyone; he said it is a shame that the Attorney General would have this attitude and he believes very strongly that we should fight that; 4) re comments by the Minutemen, he said it is not fair to the residents who live at Arrow & Grove to have to put up with the loitering; he said it's not only an immigration issue, but an issue of community safety and quality of life. He said they will try to get an answer to that. Councilmember Michael: 1) regarding the day labor issues and the article in the newspaper, he thanked for Mayor for asserting the leadership of the Mayoral Office, as they all feel the same way. He clarified that we do not have a day labor center and we do not intend on having one. He said he believes it is a Federal issue but we at the local level empathize with some of the issues and we will strive to do our best; 2) in recognition of Veteran's and National Day of Prayer, he said it is wondertul to take the time once a year to recognize how important prayer is; he thanked the veterans who are here today and those who have gone before us. Councilmember Williams concurred with previously-made remarks (as she did not want to repeat them), with appreciation to the Mayor regarding the day labor center comments made to the newspaper. With respect to the Senior Dinner and Auction, she encouraged the public to attend. She stated that the proceeds go towards the hot meal program for those residents who are shut in or disabled and unable to prepare hot, nutritious home-cooked meals. Mayor Kurth: 1) with reference to the day labor center issue, he said the Council works as a team and they share the responsibility as well as the credit; 2) encouraged the public to attend Dr. Ohadi's Cardio Vascular Awareness Symposium @ Victoria Gardens; and 3) commented how important the hot meal program is for those residents who are in need; 4) regarding the illegal immigration issues, he said the Federal government needs to address this; 5) with respect to the marijuana dispensaries, he said the City of Rancho Cucamonga is not going to have them here. E. CONSENT CALENDAR-REDEVELOPMENTAGENCY E1. Approval of Minutes: April 2, 2008 (Special Meeting - "Green" Program) April 2, 2008 (Regular Meeting) Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 4 E2. Approval of Check Register dated April 9 through April 29, for the total amount of $1,856,182.14. E3. Approval plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the Pacific Electric Inland Empire Trail - Phase V Construction, to be funded from Acct. Nos. 11203055650/1612120, 11923035650/1612192, 12143035650/1612214 and 26508015650/1612650/ RESOLUTION NO. RA 08-005 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL - PHASE V CONSTRUCTION, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E4. Approval of amended Fiscal Year 2007/08 Appropriations. MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. F. CONSENT CALENDAR -FIRE PROTECTION DISTRICT F5. Approval of Minutes: April 2, 2008 (Special Meeting - "Green" Program) April 2, 2008 (Regular Meeting) F6. Approval of Check Register April 9 through April 29, 2008, for the total amount of $677,154.83. F7. Approval of amended Fiscal Year 2007/08 Appropriations. 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. G. CONSENT CALENDAR -CITY COUNCIL G8. Approval of Minutes: April 2, 2008 (Special Meeting - "Green" Program) April 2, 2008 (Regular Meeting) G9. Approval of Check Register dated April 9 through April 29, 2008, and payroll ending April 29, 2008, for the total amount of $7,104,473.67. G10. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 19`" Street Parkway Landscape Improvements from West City Limits (Baywood Way) to east of Vineyard Avenue and Saoohire Street Parkwav Landscape Improvements from 19`"_Street to 210 Freeway, to be funded from Beautification Funds, Acct. No. 1110316-5650/1522110-0 Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 5 RESOLUTION NO. 08-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 19T" STREET PARKWAY LANDSCAPE IMPROVEMENTS FROM WEST CITY LIMITS (BAYWOOD WAY) TO EAST OF VINEYARD AVENUE AND SAPPHIRE STREET PARKWAY LANDSCAPE IMPROVEMENTS FROM 19T" STREET TO 210 FREEWAY IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS G11. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Wilson Avenue Pavement Rehabilitation and Widening from Archibald Avenue to Haven Avenue, to be funded from Measure "I" Funds. Acct. No. 1176303-5650/1628176-0. RESOLUTION NO. 08-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE WILSON AVENUE PAVEMENT REHABILITATION AND WIDENING FROM ARCHIBALD AVENUE TO HAVEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS G12. Approval to authorize the advertising of the "Notice Inviting Bids" for the Pacific Electric Inland Emoire Trail - Phase V Construction, to be funded from Acct. Nos. 1120305-5650/1612120, 1192303- 5650/1612192,1214303-5650/1612214, and 2650801-5650/1612650. RESOLUTION NO. OS-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL - PHASE V CONSTRUCTION, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS G13. Approval for ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2007-00491, located at 5830 Buckthorne Avenue (APN: 1062-121-26), submitted by Ryan Chance. RESOLUTION NO. 08-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2007-00491 G14. Approval of a recommendation by the Park and Recreation Commission to approve a light variance requested far a Minor, Major, Junior and Senior Divisions All-Star Tournament hosted by District 71 Little League during June 28 -July 18, 2008, at Heritage and Red Hill Community Parks. G15. Approval of amended Fiscal Year 2007/08 Appropriations. G16. Approval to purchase one (1) lot of Oracle Standard Edition Licenses and Maintenance support from the Oracle Corporation utilizing General Services Administration (GSA) Cooperative Purchasing Contract GS-35F-0009T (CP) in the amount of $150,456.46, to be funded as follows: $123,324.97 from Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 6 1714001-5152 (Computer Equipment/Technology Replacement - Software) and $27,131.49 from 1714001-5300 (Computer Equipment/Technology Replacement -Contract Services). G17. Approval to increase expenditures from $50,000.00 to $75,000.00 for A&R Tire and R&R Automotive for the remainder of the 2007/08 budget year and to authorize staff to adjust spending limits in the future in accordance with the approved Police budget, line item 5250 - Vehicle Maintenance and Repair. G18. Approval to purchase a Case Skip Loader from D3 Equipment in the amount of $73,831.03, to be funded from Acct. No. 1712001-5603 (Equipment and Vehicle Replacement Fund). G19. Approval to purchase one (1) set of six (6) Gray WPLS-160 Wireless Portable Lift System from Gray Manufacturing Company, Inc., in the amount of $64,946.47, utilizing the State of California Multiple Award Schedule (CMAS) Contract No. 4-04-49-0011 A, to be funded from Acct. No. 1712001-5603/06913. G20. Approval to purchase one (1) Veterinary Digital X-Ray machine with annual support and maintenance from Southwest Imaging, Inc., as per request for proposal (RFP) #07/08-203, in the amount of $75,034, to be funded from Acct. No. 1001104-5603 (Animal Care Services -Capital Outlay - Equipment). G21. Approval of a Resolution declaring its intention to detach certain territory from Landscape Maintenance District No. 8 and 9 to adjust the boundary of the District map to match the parcels contained therein. RESOLUTION NO. 08-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO DETACH CERTAIN PROPERTY FROM LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND 9 G22. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2005-01060, located at the southern cut-de-sac terminus of Sierra Madre Avenue (south of Ninth Street), submitted by National Community Renaissance of California. RESOLUTION NO. 08-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-01060 RESOLUTION NO. OS-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2005-01060 G23. Approval to accept bids received and award and authorize the execution of the contract in the amount of $988,764.45 to the apparent low bidder, All American Asphalt (CO 08-048), and authorize the expenditure of a 10% contingency in the amount of $98,876.45, for the Etiwanda Avenue Pavement Rehabilitation from 4~h Street to Arrow Route and Arrow Route Pavement Rehabilitation from 2500' west of Etiwanda Avenue to Etiwanda Avenue improvements, to be funded from Measure "I" Funds, Acct. Nos. 1 1 76 303 5650/1 372 1 76-0 and 1 1 76303 56 50/1 6841 7 6-0, Transportation Funds, Acct. No. 11243035650/1076124-0 and Proposition 42 Funds, Acct. No. 1190303-5650/1076190-0. Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 7 G24. Approval to award a contract to Brickley Environmental (CO 08-049), for the interior demolition, lead base paint removal, mold remediation and proper disposal of all waste as needed for the Etiwanda Train Depot, located at 7087 Etiwanda Avenue, in the amount of $55,950.00, to be funded from Acct. No. 1204314-5650/1389204-0. G25. Approval of an Amendment to a Use Agreement with the County of San Bernardino (07-072) for the use of 80 parking spaces at the Law and Justice Center. G26. Accept the bids received and award and authorize the execution of the contract in the amount of $10,590.00 to the apparent low bidder, Industry Coatings Company (CO 08-050), and authorize the expenditures of a 10% contingency in the amount of $1,059.00 and a Metrolink Railroad reimbursable fee in the amount of $5,000.00 for the Metrolink Railing Re-Paint, to be funded from Landscape Maintenance District 3B Funds, Account No. 11333035304. G27. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $688,644.28 to the apparent low bidder, R.J. Noble Company (CO 08-051), and authorize the expenditure of a 10% contingency in the amount of $68,864.43, for the FY 07-08 -Local Street Pavement Rehabilitation -Overlay of Various Streets, to be funded from Proposition 42 Traffic Relief Funds, Acct. No. 11903035650/1022190-0 and Measure "I" Funds, Acct. No. 11763035650/1022176-0 and appropriate an additional amount of $20,000.00 to Acct. No. 1176303-5650/1022176-0 from Measure "I" Fund balance. G28. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $239,980.00 to the apparent low bidder, V.T. Electric, Inc. (CO OS-052), and authorize the expenditure of a 10% contingency in the amount of $23,998.00, for the Construction of Traffic Signal Interconnection System at 23 Locations project, to be funded from Transportation Funds, Acct. Nos. 11243035650/1582124-0, 11243035650/1591124-0 and 1124303-5650/1592124-0 and appropriate an additional amount of $110,000.00 to Acct. No. 1124303-5650/1591124-0 and $82,000.00 to Acct. No. 1124303-5650/1592124-0 from Transportation Fund balance. G29. Approval of Improvement Agreement Extension for Parcel Map 16455, located on the northeast corner of Hermosa and Wilson Avenues, submitted by lyad Haifa. RESOLUTION NO. 08-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 16455 G30. Approval of Improvement Agreement Extension for Tract 17382, located on the east side of Center Avenue between Arrow Route and 26~h Street, submitted by William Lyon Homes, Inc. RESOLUTION NO. OS-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 17382 G31. Approval to accept Improvement, release the Faithful Performance Bond, accept a Maintenance bond, and file a Notice of Completion for improvements for Tract 16274, located at the northwest corner of Wilson and Mayberry Avenues, submitted by New Block Enterprises, Inc. RESOLUTION NO. 08-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 8 IMPROVEMENTS FOR TRACT 16274 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK G32. Approval to release the Maintenance Guarantee Bond for Tract 16372, located on the northwest corner of Etiwanda Avenue and Church Street, submitted by Standard Pacific Corporation. G33. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16372, located on the northwest corner of Church Street and Etiwanda Avenue, submitted by Victoria Arbors, LLC. RESOLUTION NO. 08-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16372 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK G34. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16971, located on the east side of Hellman Avenue, south of 6`" Street, submitted by Crestwood Corporation. RESOLUTION NO. 08-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16971 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. A recess was taken at 8:45 p.m. The meeting was called back to order at 9:03 p.m., with all members present. H. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT H1. CONSIDERATION OF ADOPTION OF A RESOLUTION DECLARING ANNEXATION OF TERRITORY (PETER & HEATHER THURESSON- APN: 0201-043-54. -ANNEXATION NO. 88-08-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 9 RESOLUTION NO. FD 08-015 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-OS-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 88-1 ), CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS Jack Lam, City Manager, presented the staff report. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Williams to approve Resolution No. FD 08-015. Motion carried unanimously 5-0. L. ADVERTISED PUBLIC HEARINGS CITY COUNCIL 11. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DECISION TO DENY USE DETERMINATION DRC2008-00179 - LEGG MASON REAL ESTATE INVESTORS. INC. - A REQUEST TO DETERMINE IF A PROPOSED "FRESH 8 EASY" MARKET SHOULD BE PERMITTED UNDER THE "SPECIALTY FOOD STORE" LAND USE CATEGORY WITHIN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 2). Candyce Burnett, Senior Planner, presented the staff report. Councilemember Gutierrez asked if what staff's recommendation was when this item was presented to the Planning Commission. Candyce Burnett stated that the staff report presented to the Planning Commission at the March 12th meeting set out some preliminary comparisons between this use and the supermarket use. She said in comparing those uses, it was determined that this use is separate or different than a standard supermarket or grocery store use based on its size, which is about 1/3 of the size of a standard supermarket. She said staff felt that it was similar to that of a Trader Joe's or a scaled-down Henry's Market. She said staff presented to the Planning Commission the points and facts for the actual use and asked for a recommendation. She said staff didn't make a recommendation. Councilmember Gutierrez stated that the City Planner told him that he or the staff felt that it was acceptable and he disagreed with the Planning Commission. Corky Nicholson, Assistant Planning Director, stated that in the report to the Planning Commission, staff clearly indicated that it did meet the intent of the specialty commercial district. Councilmember Gutierrez asked if staff could distinguish between what this store is like versus what that center had previously (the Irvine Ranch Market). Candyce Burnett stated that originally, when the Thomas Winery Plaza was approved, the Irvine Ranch Market was approved. She said it was there for quite some time and operated as a small market like this. Councilmember Williams asked if there is a more clear definition of what we consider "specialty'to mean Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 10 Candyce Burnett answered that we do not, and it was the concern of the Planning Commission that there was no clear definition of what a specialty food use is. She said in this specific Subarea 2 of the Foothill Boulevard District, the intent was that it had to be a use that was compatible, not only with use, but architecture and theme. Councilmember Michael asked if there is anything else that may have come up after the Planning Commission hearing that the Council now has that they may not have had. Candyce Burnett said the Council does have some additional information about the actual building, other improvements proposed and that the market was actually proposed to be architecturally compatible; also the Council was given information that staff would work with the developer to make the interior improvements so that it was more 'Yarmer's market" or 'tivinery' Chemed and Council had information about the landscape improvement, sign programs and overall site improvements. Councilmember Williams stated they are here tonight to determine if this meets the criteria for a specialty store, but staff is saying the criteria will be brought back at a later date. She said she would really like to know what we consider the word "specialty" to mean. Candyce Burnett stated that staff is currently researching to come up with definitions that they feel a specialty food store may be. She said the determination use process is for uses like this that don't fit any type of mold so that Council can define whether this meets the intent or not based on its location and the actual proposal for the use. Jim Markman, City Attorney, stated they are presenting a specific product line in the store in operational mode to the Council asking for the Council to say this is a special store; if they changed, they could be abated. Applicant, Steve Pontell, made his presentation. He said he is pleased that this is a timely project as this application reinforces previous proclamations presented earlier this evening re 1) business advocacy week, as this project will stimulate economic development; 2) historic preservation, which will help facilitate the ongoing preservation of the of the City's most important historic sites; and 3) and for "healthy RC," which this project will facilitate quick and easy access to fresh organic food -all contributing towards healthy Rancho Cucamonga. He said there will be very brief presentations helping to answer the question about definition of specialty food and how this project can help meet that definition. He said by definition, specialty would tend to imply something for a narrower focus than abroadly-applied food service provider. He said timing is absolutely critical for a project like this. He said there is an economic window in which to be able to act, so they would encourage the Council to take that into consideration. Brian Corbell of Legg Mason Real Estate, Inc., said significant efforts have been made to upgrade the subject center with the most important being the historic renovation of the artifacts throughout the site. He showed the before and after pictures of the renovated artifacts. He said the renovation that they are contemplating would total over $6 million and would include the construction of a brand new Fresh & Easy building as well as upgrades to the landscaping, lighting and signage. He said, in addition, the new building would be set back in the middle of the site, allowing for the demolition of the non-historic buildings which now block the view from Vineyard and Foothill. He said the renovation of the center is made possible by the acceptance and approval of Fresh & Easy, which they believe will complement the site. He said the architectural elements will try to complement the winery. He said vines will be added to the site to tie it in with the winery theme. Andy Call of Evergreen displayed the renderings. He discussed the product line and stated the food you can trust, as it's convenient, healthy and affordable. He said the meat is hormone free; do not sell tobacco products; food has no artificial colors or flavors and no trans fats and preservatives only used when absolutely necessary. Jerry Ogburn, from the Planning Center, stated that the book, "North American Industrial Land Use Classification" references a category called "specialty food store," which is defined as: "establishments Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 11 primarily engaged in retailing specialized items of food." He reviewed the site plan and discussed the winery theme. He compared the size difference between a supermarket and a specialty food stare. He referred to the definition he read and said it really means is a niche market. He said there is a gourmet, specialty inclination to their food. He said their size of store is great for this center, big enough to have an impact, as a smaller store would be lost in the mix. He referenced an article about a Fresh & Easy store that stated they are generally smaller than grocery chains with an inventory that is about 10% of what other stores carry. He said to him that suggests a niche market specialty store. He said the stock ranges from gourmet-prepared foods to staples, such as milk, bread and vegetables. He said if you compare a Fresh & Easy to a supermarket, his theory is like comparing a boutique store with a junior department store. He stated from an economic development standpoint, he likes the fact that it has an evening peak; it doesn't bring customers to the site when they're not needed; they bring them to extend the business hour; it's typically the trip home after work. He believe this will help in the cross traffic of pedestrians. He said regarding the healthy theme, the green design them (LEED certification), they would like to make this whole center a demonstration project for energy efficiency, designating spaces for bicycles and walking. He said they also like to hire people from the community who live within a 3-mile radius of the site. Bill Shea, owner of Windsor Cottage (a tenant of the Thomas Winery Plaza), said they were very pleased with the plan, the renovations and the fact that it would generate additional foot traffic. He said the center currently lacks continuity. He said as a retailer, you can never have enough business, and the presence of Fresh & Easy just adds more customer contacts for them. Mayor Kurth opened the meeting for public hearing. Sandie Smith, resident of Rancho Cucamonga, stated the supports the designation of Fresh 8 Easy as a specialty food store and at this location. There being no further input, the public hearing was closed. Mayor Pro Tem Michael stated he supports the Fresh & Easy market. He said the only issue is whether it meets the criteria for a specialty food store. He likes what they are doing in the center and what they are proposing he is excited about. He likes the fact that the tenants are happy. He likes the idea that this is promoting a "healthy Rancho Cucamonga" and the food products are of a healthy nature; and the idea we are talking about sustainability in green building. Councilmember Williams stated we need a meaning for specialty. She said this is certainly not the most attractive store she has been in, but it is a niche. She said it reminds her of a commissary. She said there's a lot of impulse shopping and that means something catches your eye. She said it is so plain, and she would like to see them dress up the inside. She said she would like the center to be revived. She said she is concerned that they are trying to shape a meaning just so we can get that center revived. She said the Planning Commission did an excellent job and she completely agrees with their reasoning; she said she charges them to be extremely diligent in making sure that this building and everything that goes with it really meets what you say you're going to do. She said she is pleased they are being environmentally conscious and asked them if they might consider putting in the new pervious parking lot. Councilmember Gutierrez echoed previous comments. He said he can understand the plainness as it is typical European/English practicality. He felt there was enough stuff in that store to make it special. The fact that the environmental qualities they are trying to employ are impressive and are a specialty. He said there are great businesses in there and this should really help them. He urged them to take care of the tenants the best they can. He said he believes it is enough to make it worthy of being there; he said they should make it the best store in California. Councilmember Spagnolo said he is impressed with the owners and the improvements. He said the comments about the bleakness of the center in contrast to the supermarket add to the specialty store. He said the changes are well-deserved for the tenants who have been in there for a long time. He said those changes will be beneficial to them and that area of the community. Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 12 Mayor Kurth stated that the Planning Commission is charged with maintaining our standards. He said they did a great job in looking at those standards. He said he doesn't think there's any doubt about Fresh & Easy being a specialty market. MOTION: Moved by Michael, seconded by Gutierrez to direct staff to bring back a resolution for adoption at the next meeting agreeing that this is a "specialty food store." Motion carried unanimously 5-0. 12. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2008-2009 - DRC 2008-00217 - CITY OF RANCHO CUCAMONGA - A review of the federally-required Annual Action Plan, which includes the final selection of CDBG projects, based on a new grant allocation of $1,013,150. Jack Lam, City Manager, presented the staff report and recommended that Council adopt the Annual Action Plan authorizing the Mayor to submit the plan to the U.S. Department of Housing and Urban Development for their consideration. Mayor Kurth opened the meeting for public hearing. There being no public input, the public hearing was closed. MOTION: Moved by Michael, seconded by Spagnolo to approve the CDBG funding allocations for Fiscal Year 2008-2009. Motion carried unanimously 5-0. J. CITY MANAGER'S STAFF REPORTS J1. INTRODUCTION OF THE 2008/2009 SEASON OF PERFORMANCES FOR THE LEWIS FAMILY PLAYHOUSE AT THE VICTORIA GARDENS CULTURAL CENTER (Oral Presentation) Susan Sluka,-Kelly, Community Services Supervisor, presented the PowerPoint Presentation for the Lewis Family Playhouse, which is on file in the City Clerk's Office. ACTION: Report received and filed. J2. REVIEW AND DISCUSSION OF A DRAFT TEMPORARY SIGN ORDINANCE Jack Lam, City Manager, presented the staff report. MOTION: Moved by Michael, seconded by Williams to forward the item to the Planning Commission for consideration; to return to City Council as a formal action item. Motion carried unanimously 5-0. J3. CONSIDERATION OF SAN BERNARDINO COUNTY PROPERTY TAX VALUATION TRANSFER ORDINANCE John Gillison, Deputy City Manager/Admin. Services, presented the staff report. MOTION: Moved by Michael, seconded by Williams opposing an Ordinance of the County of San Bernardino. Motion carried 4-0-0-1 (Gutierrez abstained). Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 13 K. COUNCIL BUSINESS K1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) K2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Williams stated the Governor will be presenting the revised budget on May 15, which will address the State's budget deficit, and it is expected to include the continued push for State budget reform. She commented that the estimated deficit is $20 billion, which will trickle down to the cities. L. IDENTIFICATION OF ITEMS FOR NEXT. MEETING Councilmember Michael: 1) Consideration to appoint an Ad-Hoc Committee to work with historic preservation staff; and 2) Recognition of Elmer and Wilma Steeve receiving the Visiting Nurses Association "2007 Volunteer of the Year Award." Councilmember Spagnolo: Consideration of registration of abandoned residential property ordinance. Councilmember Gutierrez: Presentation of a Certificate to Mrs. John C. Hadfield in honor of her late husband, leader of the LDS Church, who organized volunteer service efforts in the community. M. RECESS" The Redevelopment Agency recessed at 11:09 p.m. to Special Closed Session Meeting in the Tapia Conference Room located at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. N. SPECIAL CLOSED SESSION -REDEVELOPMENT AGENCY CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, May 7, 2008, in the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 11:20 p.m. by Chairman Donald J. Kurth, M. D. Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, 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. ...... Redevelopment Agency, Fire Protection District, City Council Minutes May 7, 2008 Page 14 O. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman Kurth announced the closed session item. 01. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF I- 15 FREEWAY, FOREST CITY DEVELOPMENT CA, INC., & LEWIS INVESTMENT CO., LLC; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT -RDA P. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S~ No one was present to comment on the closed session item. Q. CONDUCT OF CLOSED SESSION Closed Session began at 11:20 p.m. R. CITY MANAGER ANNOUNCEMENTS S. ADJOURNMENT The closed session adjourned at 11:58 p.m. with no action taken. Res ectfully subr~i Ka hry L. Scott, CMC Assistant City Clerk Approved: June 18, 2008