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Home My WebLink About2009/03/18 - MinutesMarch 18, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, March 18, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:05 p.m. by Chairman/PresidenUMayor Donald J. Kurth. 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. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. •fltk B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/PresidenUMayor Donald J. Kurth announced the closed session items: 61. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION. 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF CULTURAL CENTER DRIVE -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 5:05 p.m. .,.,.. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. Redevelopment Agency, Fire Protection District, City Council Minutes December 17, 2008 Page 2 of 12 ...,.. ' -F. RECESS ~ ' The closed session adjourned at 6:50 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. . COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 7:08 p. m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice President/Mayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Linda Daniels, RDA Director; James Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Robert Karatsu, Library Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services/City Engineer; Dave Blevins, Public Works Director; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Announcement by Congressman David Dreier regarding upcoming Road to Employment Job Fair A conference call was placed with Congressman David Dreier, who announced the upcoming Road to Employment Job Fair. H2. Presentation of a Proclamation to Vince's Spaghetti Factory for installation of solar panels. A Proclamation was presented to Buzz Cuccia, owner of Vince's Spaghetti Factory, for the installation of solar panels. H3. Presentation of Certificate of Appreciation to the Andrew Winfield Richards Foundation for Sponsorship of the Armed Forces Banner Program. A Certificate of Appreciation was presented to Dan, Judy and Kendra Richards in appreciation of their sponsorship of the Armed Forces Banner Program. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 3 of 12 I. PUBLIC COMMUNICATIONS 11. Todd Corbin from the Cucamonga Valley Water District addressed two ordinances being considered by the Commission. Ordinance #47 establishes the minimum standards for water use efficiency. Ordinance #48 outlines a mandatory water shortage contingency plan. He noted that these ordinances will be considered by the Cucamonga Valley Water District Board on March 24, 2009 at 6 p. m. 12. Kristeen Ramirez from the Cucamonga Valley Water District announced that the District will be hosting a Water Efficient Landscape Tour on March 28, 2009 at 10 a.m. 13. Barbara Kirmsse from the Alta Loma Educational Foundation announced an upcoming Golf Tournament on March 24, 2009 at the Upland Hills Country Club. Also, she invited the public to the Foundation's 5'" Annual Festival of Arts, to be held on April 11, 2009 at Vineyard Jr. High School. 14. Terry Masl spoke in support of campaign reform, requested that this matter be placed on the Council's agenda in the next two months and asked that he be notified. Mr. Masl spoke in support of limiting campaign contributions. He also requested that the Council become more involved with the problems in the County Assessor's office. 15. Linda Ceballos, Environmental Program Manager, indicated that a CD will be mailed to the residents regarding the Green Street Scene program. I6. Gadeer Muhammed from the Islamic Center of the Inland Empire spoke about the upcoming Spring into Health First Annual Health Fair. The event will be held on March 28, 2009 from 11 to 5 p.m. 17. John Lyons asked that the Council recognize April as Autism Month. He spoke in opposition to Mr. Masl's presentation and applauded Republican efforts to prevent unnecessary spending and higher taxes. 18. Deloris Faheem announced the upcoming Relay for Life in Rancho Cucamonga. The event will be held the weekend of May 16 & 17, 2009. ....,. J. CONSENT CALENDAR- REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property) March 3, 2009 (Special Meeting - RFO for 1,200-acre property) March 4, 2009 (Regular Meeting) J2. Approval of Check Register dated February 25 through March 10, 2009, for the total amount of $294,089.07. J3. Approval to receive and file current Investment Schedule as of February 28, 2009. J4. Approval of a Reimbursement Agreement between the City and Sprint Communications Company L. P. (RA 09-004) in the estimated amount of $656,100.50, and authorize the expenditure of a 15% contingency in the amount of $98,415.08 for fiber optic cable relocation costs for the foothill Redevelopment Agency, Fire Protection District, City Council Minutes December 17, 2008 Page 4 of 12 Boulevard Widening Project between Grove Avenue and Vineyard Avenue -Bridge Removal Phase, to be funded from 2001 Public Improvement Tax Allocation Bond Funds, Acct. No. 2650801- 5650/1189650-6314. J5. Approval of a Purchase and Sale Agreement (PSA) between Bipin P. Tolia and Suchita 8. Tolia, husband and wife, as Joint Tenants, and the Rancho Cucamonga Redevelopment Agency (RA 09- 005) for the acquisition of approximately .82 acres located at 9547 San Bernardino Road (APN: 0208- 151-07) in the amount of $750,000 plus a closing cost contingency of $50,000, to be funded from Acct. No. 2505801-5600. MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. ,.,.,. K. CONSENT CALENDAR- FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property) March 3, 2009 (Special Meeting - RFO for 1,200-acre property) March 4, 2009 (Regular Meeting) K2. Approval of Check Register dated February 25 through March 10, 2009, for the total amountof $151,257.58. K3. Approval to receive and file current Investment Schedule as of February 28, 2009 K4. Approval to appropriate funds from Fire District reserves in the amount of $16,167.00 into Acct. No. 3281510-5207 to fund the twenty percent (20%) contribution match of $97,000.00 divided between the five West End agencies and West End Fire and Emergency Response JPA (IPA) for the FY 2007 Assistance to Firefighters Grant Award for the purchase of a mobile apparatus driving simulator. K5. Approval of an annexation map showing Assessor Parcel Number 1100-051-03 (Norwalk Boulevard Baptist Church), located on East Avenue, south of Base Line Avenue, proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 09-007 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 AN ANNEXATION MAP (ANNEXATION NO. 09-3) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K6. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09- 3 (APN: 1100-051-03, Norwalk Boulevard Baptist Church), into Community Facilities.District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 5 of 12 RESOLUTION NO. FD 09-008 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. 09-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. ....+. L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. L1. Approval of Minutes: March 2, 2009 (Special Meeting - RFO for 1,200-acre property) March 3, 2009 (Special Meeting - RFO for 1,200-acre property) March 4, 2009 (Regular Meeting) L2. Approval of Check Register dated February 25 through March 10, 2009, and payroll ending March 10, 2009, for the total amount of $5,235,924.69. L3. Approval to receive and file current Investment Schedule as of February 28, 2009. L4. Approval to authorize the advertising of the "Notice Inviting Bids' for the Citvwide Concrete Repair Tree Removal and Tree Planting Annual Maintenance Agreement, to be funded from Acct. No. 1176303-5300. RESOLUTION NO. 09-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval to authorize the advertising of the "Notice Inviting Bids' for the Citvwide Traffic Signal Maintenance, to be funded from Acct. No. 1170303-5300. RESOLUTION NO. 09-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITYWIDE TRAFFIC SIGNAL MAINTENANCE" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Ranchc Cucamonoa Familv Sports Center Gym Floor Resurfacino, to be funded from Acct. No. 2517801-5650/1663517-0. Redevelopment Agency, Fire Protection District, City Council Minutes December 17, 2008 Page 6 of 12 RESOLUTION NO. 09-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM FLOOR RESURFACING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L7. Approval to authorize the advertising of the "Notice Inviting Bids' for the Rancho Cucamonga Family Sports Center Gvm Wall Painting, to be funded from Acct. No. 2517801-5650/1663517-0. RESOLUTION NO. 09-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RANCHO CUCAMONGA FAMILY SPORTS CENTER GYM WALL PAINTING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Civic Center Planter and Parking Structure Waterproofing, to be funded from Acct. No. 2624801-5650/1705624-0. RESOLUTION NO. 09-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CIVIC CENTER PLANTER AND PARKING STRUCTURE WATERPROOFING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L9. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Banyan Street Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue, to be funded from Beautification Funds, Acct. No. 1110316-5650/1614110-0. RESOLUTION NO. 09-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BANYAN STREET COMMUNITY TRAIL AND PARKWAY LANDSCAPE FROM HELLMAN AVENUE TO AMETHYST AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L10. Approval of a Reimbursement Agreement between the City and the Cucamonga Valley Water District~(CVWD) in the amount of $145,000 for the installation of a CVWD waterline by the City's contractor for the Haven Grade Separation Capital Improvement Project. L11. Approval of a Reimbursement Agreement (SRA-55) for reconstruction of pavement and overlay, reconstruction of median left turn lanes and traffic signal related improvement in connection with development of Parcel Map 17818, submitted by Footchester Partners I, LLC, to be funded. from Transportation Acct. No. 1124303-5650/1026124-0. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 7 of 12 RESOLUTION NO. 09-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (SRA-55) FOR RECONSTRUCTION OF PAVEMENT AND OVERLAY, RECONSTRUCTION OF MEDIAN LEFT TURN LANES AND TRAFFIC SIGNAL RELATED IMPROVEMENTS L12. Approval of Community Services Update Report. L13. Approval of a request from the South Coast Air Quality Management District (AQMD) for a Waiver of Rental Fees for use of the Epicenter Special Event Area on Friday, May 8`h and Saturday, May 9`", 2009, to conduct their Electric Lawn Mower Exchange Event. L14. CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION - DRC2009-00095 -NIDAL SAMAAN - A request to issue a Public Convenience or Necessity determination for an Alcohol Beverage Control Type 21 off-sale beer, wine, and distilled spirits license for a convenience mini-market, located on the northeast corner of Milliken Avenue and 4`" Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue - APN: 0229-341-23. RESOLUTION NO. 09-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2009-00095 - NIDAL SAMAAN - FOR A CONVENIENCE MARKET IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET AT 9635 MILLIKEN AVENUE - APN: 0229-341-23 L15. Approval to authorize an increase to Contract No. 05-071 in the amount of $41,550.00 to Vanderhawk Consulting, LLC, and authorize the expenditure of a 10% contingency in the amount of $4,155.00 for the annual update of the City's Pavement Management Program, to be funded from Fund 1.76 -Measure "I", Acct. No. 1176305-5650/1020176, and appropriate an amount of $45,710.00 to Acct. No. 1176305-5650/1020176 from Measure "I" Fund Balance. L16. Approval for award and execution of Professional Services Agreement in the amount of $21,120.00 to Vanderhawk Consulting, LLC, (CO 09-147) and authorize the expenditure of a 10% contingency in the amount of $2,112.00 to provide technical consultation and research services for the Inventory Management of all Engineering and Public Works Public Facilities, to be funded from Fund 016 -Community Development Technical Services, Acct. No. 1016301-5300, and appropriate an amount of $23,240.00 to Fund 016 (Community Development Technical Services -Acct. No. 1016301-5300) from Community Development technical Services Fund Balance. L17. Approval and execution of Construction of Improvements and Hold Harmless Agreements (CO 09-148 thru 09-165) between the City of Rancho Cucamonga and homeowners along Foothill Boulevard and Etiwanda Avenue. L18. Approval to accept improvements and file a Notice of Completion for improvements located along Foothill Boulevard 600 feet east of Rochester Avenue, submitted by Patterson Builders. Redevelopment Agency, Fire Protection District, City Council Minutes December 17, 2008 Page 8 of 12 RESOLUTION NO. 09-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS LOCATED ALONG FOOTHILL BOULEVARD 600 FEET EAST OF ROCHESTER AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L19 Approval to release Maintenance Guarantee Bond in the amount of $11,294.00 for the Archibald Avenue Community Trail from Banyan to Wilson Project, Contract No. 07-218. L20. Approval to accept the Landscape Improvements of the MWD Parkway at the southeast corner of Bluegrass and Wilson Avenues, Contract No. 08-006 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $690,808.40. RESOLUTION NO. 09-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE IMPROVEMENTS OF THE MWD PARKWAY AT THE SOUTHEAST CORNER OF BLUEGRASS AND WILSON AVENUES, CONTRACT NO. 08- 006 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L21. Approval to accept the Highland Avenue and Fairmont Way Street and Landscape Improvements from San Benito to Kenyon Way, Contract No. 08-034 as complete, retain the Faithful performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $552,305.64. RESOLUTION NO. 09-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HIGHLAND AVENUE AND FAIRMONT WAY STREET AND LANDSCAPE IMPROVEMENTS FROM SAN BENITO TO KENYON WAY, CONTRACT NO. 08-034 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L22. Approval to accept the 19`" Street Parkway Landscape improvements and Sapphire Street Parkway Landscape improvements, Contract No. OS-073 as complete, retain the Faithful Pertormance Bond as a Guarantee bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $200,006.00. RESOLUTION NO. 09-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 19T" STREET PARKWAY LANDSCAPE IMPROVEMENTS AND SAPPHIRE STREET PARKWAY LANDSCAPE IMPROVEMENTS, CONTRACT NO. 08-073 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Mdved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports for the remaining items. Motion carried 5-0. •___.. Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 9 of 12 M. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agencymember, Boardmember, or Councilmember. M1. - DRC2008-00295 -CITYWIDE - An Ordinance to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. It is not anticipated that the project will have any significant impacts on the environment and therefore, the project is not subject to further review pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3). Staff has prepared a Notice of Exemption for consideration. ORDINANCE NO. 810 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PERTAINING TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Michael, seconded by Spagnolo, to adopt Ordinance No. 810 for second reading. Motion carried 5-0. ...,,. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised andlor posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT- DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings within the Medium-High Residential Development District (14-24 d/u per acre) of the Terra Vista Community Plan. Related files: Tentative Tract Map SUBTT18710, DevelopmenUDesign Review DRC2008-00306 and Variance DRC2008-00762: Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. (PowerPoint Presentation) ORDINANCE NO. 811 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED Redevelopment Agency, Fire Protection District, City Council Minutes December 17, 2008 Page 10 of 12 SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF Tabe Van der Zwaag, Associate Planner, presented the staff report. In response to Mayor Kurth, Tabe Van der Zwaag noted that if any other developer wished to copy these regulations, they would have to request permission to do so. He outlined the boundaries of the Terra Vista development in response to Councilmember Gutierrez. Mr. Van der Zwaag confirmed to Mayor Pro Tem Michael that the Planning Commission had reviewed this request and unanimously approved it. Mayor Pro Tem Michael pointed out that this amendment allows flexibility in the housing types and sizes. A representative from Lewis Operating Group gave a PowerPoint presentation about the project. Mayor Kurth opened the public hearing. Addressing the City Council was: John Lyons noted that this community was well designed and commended Lewis Operating Group. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Spagnolo, to waive full reading and set second reading of Ordinance No. 811 for the April 1, 2009 meeting. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS ' The following items have no legal publication or posting requirements. 01. REPORT ON THE DRAFT CHINO BASIN WATER EFFICIENT LANDSCAPE ORDINANCE James Troyer, Planning Director presented the staff report Katie Parker, President of the Board of Directors for the Chino Basin Water Conservation District, spoke in support of the draft Ordinance. Councilmember Williams spoke regarding existing projects that do not have water efficient landscaping and inquired if existing properties could be regulated. She indicated that the City should adopt regulations as soon as possible. In response to Councilmember Spagnolo, discussion was held regarding what improvements to residential properties would trigger the regulations. Mayor Pro Tem Michael stated that the Ordinance was created to ensure compliance with State law and noted that there would be an educational component as well. He noted the desire to create an Ordinance which would be the same in every city so that there was a consistent standard. He suggested that we press forward and adopt the Ordinance once we know what the other communities are doing. 02. CONSIDERATION OF AN AMENDMENT TO TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CHAPTER 12.16 REGULATION OF NEWSPAPER RACKS Redevelopment Agency, Fire Protection District, City Council Minutes March 18, 2009 Page 11 of 12 ORDINANCE NO. 812 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING TECHNICAL CHANGES TO THE CITY'S NEWSRACK REGULATIONS, AND AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Dan James, Senior Civil Engineer, presented the staff report In response to Councilmember Gutierrez, Mr. James noted that the intent of the Ordinance was to protect the public. Mr. Lam indicated to Councilmember Williams that the racks could not be chained to light poles. Mr. Markman commented that the regulations relate to the placement of newspaper racks in the public right of way. News racks placed in other locations need the property owner's permission. Dave Blevins, Public Works Director, stated that the field staff would be trained to identify non- conforming news racks so that they can be referred to Code Enforcement. In response to Councilmember Gutierrez, Mr. Markman addressed adult-oriented material and indicated that this very comprehensive Ordinance is currently in place. The amendment is needed to remove the permit process, which is expected to assist in ensuring compliance. MOTION: Moved by Williams, seconded by Spagnolo, to waive full reading and set second reading of Ordinance No. 812 for the April 1, 2009 meeting. Motion carried 5-0. P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo referenced the recent foreclosure workshop and expressed a concern with individuals taking advantage of the misfortunes of others. He cautioned against using the services of "The Firm", a Rancho Cucamonga business which allegedly assists with mortgage refinancing. Councilmember Gutierrez noted last week's Little League opening ceremonies and the groundbreaking ceremonies for the Church of Jesus Christ of Latter-day Saints. It was a pleasure attending these events. He congratulated the Library on a very successful telethon and spoke about the future placement of a trail above Etiwanda Avenue at the North Etiwanda Preserve. Mayor Pro Tem Michael was proud of the number and types of events planned by the City, including the business survival and foreclosure workshops. He encouraged everyone to obtain their passport as the June travel initiatives require them for land and sea travel. Mayor Pro Tem Michael commended the riding center at Heritage Park. Councilmember Williams commended the telethon for raising $90,000 and indicated that donations could still be made. She thanked the Gilfry family for all of their support. Mayor Kurth thanked the Council for assisting him in attending the many ceremonial events. He noted that the State needs to identify possible sources of water and not just focus on conservation. The Mayor noted the recent sale of the Quakes and looked forward to working with the new owners. He spoke regarding a recent meeting with Congresswoman Mary Bono and indicated that she has pledged to be a strong advocate on the prevention and treatment of substance abuse and addiction. Redevelopment Agency, Fire Protection District, City Council Minutes December 17, 2008 Page 12 of 12 Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING In response to Councilmember Gutierrez, the City Manager noted that an update on the Red Hill traffic issue would be presented on April 15, 2009. ...... R. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:32 p.m. The meeting was adjourned to March 23, 2009, at 6:00 p.m. Res ectfully submitted, L ~ l~ Deb a L. McKay, MMC Assistant City Clerk/Records Manager Approved: April 1, 2009