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HomeMy WebLinkAbout2009/05/06 - MinutesMay 6, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES - w "A. .CALL TO, ORDER ,... ^;; .: ~ ` :: , The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, May 6, 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 5:30 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: Pamela Easter, Assistant City Manager; D. Craig Fox, Deputy City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. __... .: B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Chairman/PresidenUMayor Donald J. Kurth announced the closed session items: D1. 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 D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF 9T" STREET AND MADRONE AVENUE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY- RDA D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY-RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS No one was present to comment on the closed session item. ` <• D.t CONDUCT OF CLOSED SESSION ' -. f = Closed session began at 5:30 p.m. .,._,. ~`E: CITY MANAGER ANNOUNCEMENTS" : .: -> No announcements were made. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 2 of 18 F. RECESS The closed session adjourned at 6:45 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/PresidenUMayor Donald J. Kurth called the meeting to order at 7:07 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. Also present were: Pamela Easter, Assistant City Manager; D. Craig Fox, Deputy City Attorney; Jim Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; James Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation in recognition of California Peace Officers' Memorial Day, May 9, 2009. Mayor Kurth presented a Proclamation to the California Peace Officer's Association and proclaimed May 9, 2009 as "California Peace Officers' Memorial Day." H2. Presentation of Proclamation in recognition of Dave Blevins's retirement. Mayor Kurth presented a Proclamation to Dave Blevins in recognition of his retirement from the City of Rancho Cucamonga. H3. Presentation of certificates for services to the Rancho Cucamonga Animal Care and Services Department by the students and teachers of Alta Loma, Etiwanda and Los Osos High Schools. Mayor Kurth presented certificates of appreciation to the students and teachers of Alta Loma, Etiwanda and Los Osos High Schools. H4. Presentation of a Proclamation to the Etiwanda Historical Society and the Historical Preservation Association of Rancho Cucamonga in recognition of "National Preservation Month." ' Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 3 of 18 Mayor Kurth presented a Proclamation to the Etiwanda Historical Society and the Historical Preservation Association of Rancho Cucamonga and proclaimed May, 2009 as "National Preservation Month." H5. Recognition of Arrowhead Water and other supporters of the "Run for the Wall" Event, May 13 - 24, 2009. Mayor Kurth introduced Jim Frost, who recognized Nestle Waters North America and other supporters of the "Run for the Wall" Event. I. PUBLIC COMMUNICATIONS 11. Donna Vega, RDA Analyst I, announced the activities to be held at the Annual Business Appreciation Week. She introduced Renee Futter from the Rancho Cucamonga Chamber of Commerce who spoke about the 13`" Annual Spring Swing, to be held on May 12, 2009 at Sierra Lakes Golf Course. 12. John Barry, from the Art Institute of California, spoke about their Fashion Show, to be held at Victoria Gardens on June 6, 2009. He introduced Quyenzi Pham, CEO of O. Zi Productions, Inc., who will be producing the show. 13. Ed Dietl invited the Council and the audience to a Father's Day event to be held on June 19`" at the Epicenter. Tickets are $7 per person and the proceeds will benefit historical preservation. 14. Victoria Jones, President of the Friends of the Pacific Electric Trail, invited everyone to the 2009 Cucamonga Challenge. The event will be held on May 9, 2009 starting from Central Park at 5:00 a.m. 15. Jerie Lee indicated that she had found a loose dog on Day Creek and expressed a concern with Animal Center's response. She urged the Council to provide more staffing at the Center. 16. Dee Matreyek and Gino Filippi announced the formation of a community garden and farmer's market. Mrs. Matreyek indicated that they would be applying for grants and requested a letter of support from the City. 17. Dave Schultz stated that he delivers newspapers and expressed a concern with being pulled over continuously by the Police Department. 18. Deloris Faheem invited the Council and the audience to the Rancho Cucamonga Relay for Life, to be held May 16 & 17, 2009 at Rancho Cucamonga High School. 19. Chris Weller supported the formation of a community garden and suggested that the City promote it in the various City publications. 110. John Lyons thanked the City for hosting the Family & Friends of Murder Victims event. He spoke about his attendance at the Tip a Cop event. Mr. Lyons expressed a concern with the State budget, noted that the Propositions are failing in the polls and expected that the State would take money from the City rather than cutting costs. 111. Karen Pusateri indicated that she lives at 6412 Eagle Peak Place and stated that she can not access her utilities. She requested that the City address this matter and take steps to keep it from happening again. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 4 of 18 112. Sergio Martinez provided photographs of Mrs. Pusateri's home and stated that the City permitted this activity. He requested that the City address this issue and revisit the regulations to be sure that it doesn't happen again. 113. Raymond Herrera showed the American Bulldog flag and spoke about the need to recognize American warriors rather than Cinco de Mayo. 114. Robin Hvidston referenced an incorrect article in the Daily Bulletin which intertwined a Minuteman Project activity with a day laborer memorial. She stated that the flag rally was ended early so that the memorial event could be held. 115. Luella Hairston invited the Council and the audience to the Annual Dinner and Auction Fundraiser on May 17, 2009. 116. Jim Moffatt spoke regarding the proposed smoking limitations and stated that a smoking area should be provided at City Hall, on patios provided by businesses for that purpose, etc. 117. Mike Slaughter requested that the City equally enforce the code enforcement violations on Dakota Avenue. ...... 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: April 15, 2009 (Regular Meeting) J2. Approval of Check Register dated April 8, 2009 through April 29, 2009, for the total amount of $3,417,156.13. J3. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst Avenue Project, to be funded from Account No. 26608015650/1189660-0. RESOLUTION NO. RA 09-004 A RESOLUTION THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC TRAIL PHASE 4 -GROVE AVENUE TO AMETHYST AVENUE PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. J4. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for the Foothill Boulevard Median Lighting Project, to be funded from Account No.26608015650/1353660-0. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 5 of 18 RESOLUTION NO. RA 09-005 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FOOTHILL BOULEVARD MEDIAN LIGHTING PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. J5. Approval of the Housing Subcommittee recommendations regarding changes to the Redevelopment Agency's First-Time Homebuyer Program. J6. Approval of the Housing Subcommittee recommendations regarding modifications for the Mobile Home Rental Assistance Program. J7. Approval of Amended and Restated Agreement by and between City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce for a plan of cooperative action for economic development. J8. Approval of Amendment #1 to the Loan Agreement between the Rancho Cucamonga Redevelopment Agency and Northtown Housing Development Corporation for the construction of the San Sevaine Villas Housing Development. (ITEM REMOVED FOR DISCUSSION) J9. Approval of Amended Fiscal Year 2008-09 Appropriations. J10. Approval of a Resolution changing the time of Closed Session. RESOLUTION NO. RA 09-006 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY. J8. Approval of Amendment #1 to the Loan Agreement between the Rancho Cucamonga Redevelopment Agency and Northtown Housing Development Corporation for the construction of the San Sevaine Villas Housing Development. (ITEM REMOVED FOR DISCUSSION) Pamela Easter, Assistant City Manager, referenced the amended staff recommendation for this item. MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar including the amended staff recommendation for Item J.8. 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. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 6 of 18 K1. Approval of Minutes: April 15, 2009 (Regular Meeting) K2. Approval of Check Register dated April 8, 2009 through April 29, 2009, for the total amount of $359,233.23. K3. Approval to adopt an annexation map showing Assessor Parcel Numbers 0202-161-10, 11 & 20 (Alta Loma Animal Hospital), located on the northeast corner of Base Line Rd., and Amethyst St., to be annexed into CFD 85-1. RESOLUTION NO. FD 09-011 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. 09-4) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1. K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-4 (APNs: 0202-161-10, 11 8 20, Alta Loma Animal Hospital), 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. RESOLUTION NO. FD 09-012 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. 09-4) TO COMMUNITY FACILITIES DISTRICT NO. 85-1. K5. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 09-1 (New Beginnings Family Worship Center -APNs 0207-241-31&46). RESOLUTION NO. FD 09-013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85- 1. ANNEXATION NO. 09-1. K6. Approval of a Resolution Adopting a Memorandum of Understanding between the Rancho Cucamonga Fire Protection District and the Fire Support Services Association for Fiscal Year 2009-10 RESOLUTION NO. FD 09-014 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE SUPPORT Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 7 of 18 SERVICES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10 K7. Approval of Amended Fiscal Year 2008-09 Appropriations. KS Approval of a Resolution changing the time of Closed Session. RESOLUTION NO. FD 09-015 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE BOARD OF DIRECTORS. MOTION: Moved by Michael, 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: April 15, 2009 (Regular Meeting) L2. Approval of Check Register dated April 8, 2009 through April 29, 2009, and payroll ending April 29, 2009, for the total amount of $8,174,981.14. L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Heritage Park Bull Pen Project to be funded from Account No. 18483035650/1605848-0 (PD-85). RESOLUTION NO. 09-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HERITAGE PARK BULL PEN PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Base Line Road Pavement Rehabilitation from Hellman Avenue to Ramona Avenue, to be funded from Proposition 1 B funds. RESOLUTION NO. 09-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BASE LINE ROAD PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO RAMONA AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 8 of 18 L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Vineyard Avenue Pavement Rehabilitation from 8th Street to Foothill Boulevard to be funded from Proposition 1 B Funds, Account No. 11943035650/1680194-0. RESOLUTION NO. 09-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE VINEYARD AVENUE PAVEMENT REHABILITATION FROM 8TH STREET TO FOOTHILL BOULEVARD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. L6. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst Avenue Project, to be funded from Account Nos. 10250015650/1615025-0 and 12143035650/1544214-0. (REMOVED FOR DISCUSSION) RESOLUTION NO. 09-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC TRAIL PHASE 4 - GROVE AVENUE TO AMETHYST AVENUE PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. L7. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for the Wilson Avenue Landscaping and Trail -Carnelian Avenue to east of Carnelian Avenue Project, to be funded from Account Nos. 1110316565011364110-0 and 11763035650/1364176-0. RESOLUTION NO. 09-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE WILSON AVENUE LANDSCAPING AND TRAIL -CARNELIAN AVENUE TO EAST OF CARNELIAN AVENUE PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. L8. Approval of the Friends of the Pacific Electric Trail Fundraising Plan to Raise Money for the Enhancement of Trail Amenities and Programs. L9. Approval of an Agreement with the Inland Valley Daily Bulletin for an All Star Game at the Rancho Cucamonga Epicenter Stadium on June 4th (practice game date) and June 8, 2009 (game date). L10. Approval to increase expenditures for the street repairs/improvement by Laird Construction Co., Inc., to $60,000 to provide emergency services as budgeted in the Fiscal Year 2008!2009 approved budget in Object Code 5200 and authorizes to make payment to cover for emergency work done at Foothill Boulevard and Rochester Avenue. L11. Approval of Improvement Agreement, Improvement Security and ordering the annexation to Landscape Maintenance District No. 8 and Street Lighting Maintenance District Nos. 1 and 8 for DRC2003-00048, located at the southeast corner of I-210 freeway and I-15 freeway submitted by BVMD, Inc. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 9 of 18 RESOLUTION NO. 09-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2003- 00048. RESOLUTION NO. 09-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR DRC2003 - 00048. L12. Release of maintenance guarantee bond for Tract 16274, located at the northwest corner of Wilson and Mayberry Avenues submitted by New Block Enterprises, Inc. L13. Release of maintenance guarantee bond for Tract 16372, located on the northwest corner of Church Street and Etiwanda Avenue submitted by Victoria Arbors, LLC. L14. Release of maintenance guarantee bond for Tract 16971, located on the east side of Hellman Avenue, south of Sixth Street submitted by Crestwood Corporation. L15. Accept the bids received and award and authorize the execution of the contract in the amount of $152,353.18 to the apparent low bidder, Jeff Tracy, Inc. dba Land Forms Landscape Construction, and authorize the expenditure of a 10% contingency in the amount of $15,235.32, for the Banyan Community Trail and Parkway Landscape from Hellman Avenue to Amethyst Avenue to be funded from Beautification Funds, Account No. 11103165650/1614110-0 and appropriate an additional amount of $22,000.00 to Account No. 11103165650/1614110-0 from Beautification fund balance. L16. Approval to award the purchase of play equipment from Landscape Structures, Inc., for the West Beryl Tot Lot, using US Communities Contract Number 040377.08; and authorize the expenditure of $209,754.00, plus 10% contingency to be funded from Account No. 11203055650/1059120-0 (Park Development). L17. Consideration of the revisions to the San Sevaine Villas Density Bonus Agreement - DRC2007-00119R -City of Rancho Cucamonga -The proposed revisions to the approved San Sevaine Villas Density Bonus Agreement to include a Subordination of Regulatory Agreement clause. L18. Approval of Amended Fiscal Year 2008-09 Appropriations. L19. Approval of a Resolution changing the time of Closed Session. RESOLUTION NO. 09-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, TIME AND PLACE OF REGULAR MEETINGS OF THE CITY COUNCIL. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar including the amended staff report for Item L18. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 10 of 18 L6. Approval of Plans, Specifications and Estimates and to authorize the advertising of the "Notice Inviting Bids" for the Pacific Electric Trail Phase 4 -Grove Avenue to Amethyst Avenue Project, to be funded from Account Nos. 10250015650/1615025-0 and 12143035650/1544214-0. (REMOVED FOR DISCUSSION) RESOLUTION NO. 09-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PACIFIC ELECTRIC TRAIL PHASE 4 - GROVE AVENUE TO AMETHYST AVENUE PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Councilmember Williams noted that this section of the Pacific Electric Trail is very much needed and expressed her support of the project. She reported that it should be completed in late 2010. MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendation in the staff report. Motion carried 5-0. M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. M1. CONSIDERATION OF ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (NORWALK BLVD. BAPTIST CHURCH - APN 1100-051-03 -ANNEXATION NO. 09-3) TO AN EXISTING RESOLUTION NO. FD 09-016 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 09-3) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY. Peter Bryan, Fire Chief, presented the staff report. President Kurth opened the public hearing. As no one wished to speak, President Kurth closed the public hearing. MOTION: Moved by Gutierrez, seconded by Michael, to adopt Resolution No. FD 09-016. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 11 of 18 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. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FINAL FUNDING ALLOCATIONS FOR FISCAL YEAR 2009-2010 -DRC 2009-00227 -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. Tom Grahn, Associate Planner, presented the staff report. In response to Councilmember Gutierrez, he indicated that an amended Action Plan as outlined in the memorandum to the City Council would be placed on the agenda at later date. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Gutierrez, seconded by Michael, to adopt the Annual Action Plan. Motion carried 5-0. N2. A proposed amendment to the General Plan, amending Table III-4 to allow mixed uses with residential in the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and, Development Agreement Amendment DRC2008-00385. (N2 - N6 were considered together) N3. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 - FOREST CITY ENTERPRISES, INC. - A proposed amendment to the text of the Victoria Community Plan to accommodate changes to the Victoria Gardens Master Plan (VGMP) and to clarify that the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Arbors Master Plan Amendment DRC 2009-00146, Victoria Gardens Master Plan Amendment DRC2009-00145 and Development Agreement Amendment DRC2008- 00385. (N2 - N6 were considered together) N4. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DRC2008-00381 AND VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 -FOREST CITY ENTERPRISES. INC - A proposed amendment to the text of the Victoria Arbors Master Plan to include references to the VGMP and clarify that the VGMP shall control the land uses in the VGMP area for the Victoria Gardens Regional Mixed Use Lifestyle Center, Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 12 of 18 located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384, Victoria Community Plan Amendment DRC2008-00383, Victoria Gardens Master Plan Amendment DRC2009-00145, and Development Agreement Amendment DRC2008-00385. (N2 - N6 were considered together) N5. N6. VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 -FOREST CITY ENTERPRISES. INC.- A proposed amendment to the Victoria Gardens Master Plan (VGMP) modifying "Permissible Building Areas" to reallocate Dwelling Unit and Commercial Office square footage, increase the average building heights and change building setback requirements within the Main Street Area, and clarifying permitted and conditionally permitted uses within the VGMP, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008- 00384, Development Agreement Amendment DRC2008-00385, Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146. (N2 - N6 were considered together) DEVELOPMENT AGREEMENT AMENDMENT DRC2008-00385 - FOREST CITY ENTERPRISES. INC. - A proposed amendment to Development Agreement DA01-02 to incorporate General Plan Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383; Victoria Arbors Master Plan Amendment DRC2009-00146 and Victoria Gardens Master Plan Amendment DRC2009-00145 into the vested rights applicable to the Victoria Gardens Regional Mixed Use Lifestyle Center, located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate I-15 to the east. Related Files: Environmental Impact Report DRC2008-00381, General Plan Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383, Victoria Arbors Master Plan Amendment DRC 2009-00146, and Victoria Gardens Master Plan Amendment DRC2009-00145. (N2 - N6 were considered together) RESOLUTION NO. 09-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH#20010131028); ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR GENERAL PLAN AMENDMENT DRC2008-0384, VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383, VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146, VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145, AND DEVELOPMENT AGREEMENT AMENDMENT DRC2008-00385, CONCERNING THE VICTORIA GARDENS REGIONAL MIXED USED LIFESTYLE CENTER, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST. AND DAY CREEK BOULEVARD TO THE WEST. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 13 of 18 RESOLUTION NO. 09-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2008-00384 AMENDING TABLE III-4 (THE REGIONAL CENTER LAND USE MIX) TO INCREASE THE DWELLING UNIT DENSITY FOR THE VICTORIA GARDENS REGIONAL LIFESTYLE CENTER GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT. ORDINANCE NO. 813 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00383 CHANGING THE RESIDENTIAL AND COMMERCIAL STANDARDS AND MODIFYING VARIOUS TEXT IN THE COMMUNITY PLAN TO ACCOMMODATE THE AMENDED VICTORIA GARDENS MASTER PLAN ON APPROXIMATELY 174 ACRES OF LAND AND IS GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF. ORDINANCE NO. 814 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2009-00145 MODIFYING THE MASTER PLAN TO ALLOW RESIDENTIAL USES IN THE MAIN STREET AREA, INCREASE THE AVERAGE HEIGHT IN THE MAIN STREET AREA TO 120 FEET, WITH A MAXIMUM OF 160 FEET, AMEND THE BUILDING SETBACK REQUIREMENTS FOR THE MAIN STREET AREA, AND CLARIFY PERMITTED AND CONDITIONALLY PERMITTED USES, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 815 (frst reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00146 MODIFYING THE TEXT OF THE MASTER PLAN TO MAKE IT CONSISTENT WITH THE AMENDMENTS TO THE VICTORIA GARDENS MASTER PLAN PROPOSED BY DRC2009-00145, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 14 of 18 ORDINANCE NO. 816 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 01-02 FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST, INCORPORATING AMENDMENTS TO THE GENERAL PLAN, VICTORIA COMMUNITY PLAN, VICTORIA ARBORS MASTER PLAN, AND VICTORIA GARDENS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF Mayor Kurth stated that the staff report and public hearings for Items N2 - N6 would be considered together. Candyce Burnett, Senior Planner, presented the staff report. In response to Mayor Pro Tem Michael, Ms. Burnett confirmed that the one of the changes was transferring the residential density from one location to another. Discussion was held with the City Council regarding the current location of the residential units, the proposed height and the desire to keep Victoria Gardens a vibrant community with flexibility in design and housing options. Mayor Kurth opened the public hearing. Brian Wynne, Project Manager for Forest City, addressed the amendments. Forest City is not seeking to increase or decrease the number of units allowed but would like to relocate 290 units to the Main Street area. He addressed the two height zones, noted that the specifics would be placed on a Council agenda at a later date and stressed the need for flexibility in the development of Victoria Gardens. In response to Councilmember Spagnolo, Mr. Wynne indicated that the movement of the residential units into the Main Street area would create a successful downtown feel. The ideal mix of uses should include a residential component to be successful. Mr. Wynne did not know what type of housing component would eventually be placed at Victoria Gardens. He indicated that a marketing study would be needed to determine the best fit for the project. In response to Mayor Kurth, the Planning Director confirmed that tall buildings should be safely constructed. Linda Daniels, Redevelopment Director, indicated that up to 600 units were contemplated in the area adjacent to Victoria Gardens. As 310 condominiums were eventually built, the amendment moves the 290 excess housing units to another location. Mrs. Daniels responded to Councilmember Gutierrez and stated that the Shay property was not part of this project. Mayor Pro Tem Michael noted that approval of these amendments would provide the framework for Forest City to submit a proposal. He noted that public hearings were held by the Planning Commission, who has recommended approval of this matter. Councilmember Gutierrez enjoyed Victoria Gardens and wondered if the larger structures would negatively impact the feel of the center. In response, Mr. Wynne concurred that it would be a design challenge but indicated that it could be done. Councilmember Gutierrez hoped that a spectacular feature could be developed in this next phase. He requested that the parking problem and traffic circulation be addressed. Ed Dietl inquired why the taller buildings could not be developed in the area currently occupied by the condominiums. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 15 of 18 John Lyons expressed concerns with parking and stated that the area needs to accommodate vehicles with trailers and boats. Jerie Lee expressed concerns with developing new residential units, noting that water and parking would need to be provided. John Anicic addressed traffic problems at the corner, noting that there are major traffic problems now. He felt that more homes would add to the problem. In response, James Troyer, Planning Director, stressed that more footage was not being added. 600 homes were originally conceived for this area and an environmental impact report was done. Jerie Lee expressed a concern with moving the residential units into the Main Street area. Mayor Kurth closed the public hearing. Councilmember Williams concurred with the proposed amendments and hoped that the economy would improve so that residential units could be built. She noted that parking would be a crucial issue and inquired how the parking problem would be addressed. In response, the Redevelopment Director addressed various parking scenarios, noting that whatever is planned would need to address the parking requirements. MOTION: Moved by Michael, seconded by Gutierrez, to adopt Resolution No. 09-081 certifying the Final Supplemental Environmental Impact Report (SCH#2001013102872) and Resolution No. 09- 082 approving General Plan Amendment DRC2008-003841. Motion carried 5-0. MOTION: Moved by Spagnolo, seconded by Gutierrez, to waive full reading of Ordinance Nos. 813 - 816 and set second readings for May 20, 2009. Motion carried 5-0. N7. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. RESOLUTION NO. 09-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES, AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. Michael TenEyck, Utilities Operation Manager, presented the staff report. In response to the Mayor, Mr. TenEyck confirmed that the rates were lowered last month. He noted the need to raise the rates at this time to maintain consistency. Mayor Kurth opened the public hearing. With no one wishing to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 09-083, amending electric rates, fees and charges. Motion carried 5-0. N8. CONSIDERATION OF AN ENVIRONMENTAL ASSESSMENT AND RELOCATION AGREEMENT - DRC2009-00163 - SAN DIEGO OUTDOOR ADVERTISING - An environmental review for a Billboard Relocation Agreement (0009-193) to facilitate the removal of two existing billboards (within the Foothill Boulevard right-of-way on the north Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 16 of 18 side of Foothill Boulevard approximately 180 feet west of Highridge Place, and Archibald Avenue south of Foothill Boulevard, APN 0208-261-51-0000 (Service address is 9677 Foothill Boulevard). Replace one of the Billboards with a Freeway two-panel changeable message digital display, to be located on the east side of the I-15 Freeway, approximately 625 feet north of 6" Street, APN 0229-271-47. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 09-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BILLBOARD RELOCATION AGREEMENT, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-271-47 (9004 HYSSOP AVENUE). Dona Vega, RDA Analyst I, presented the staff report. In response to Mayor Pro Tem Michael, Ms. Vega confirmed that this action would eliminate two billboards in the middle of the City and place a billboard adjacent to the I-15 freeway. Councilmember Gutierrez thanked San Diego Outdoor Advertising for removing the two billboards and for providing space on the message display board for City messages. In response to Councilmember Spagnolo, it was noted that it would take about six months to construct the billboard. The land that the current billboards are at would remain intact. Mayor Kurth opened the public hearing. Jim Witch indicated that he was present on behalf of the applicant to answer any questions. In response to Councilmember Gutierrez, Mr. Witch stated that if all of the advertising spaces were not sold, the company would provide additional time to the City. He confirmed to Mayor Pro Tem Michael that the City would always receive six seconds per minute of advertising time on the billboard. In response to John Lyons, it was noted that this company did not own the land that the gas station occupies. Ed Dietl spoke in support of the application. Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. 09-084, approving a billboard relocation agreement. Motion carried 5-0. O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. REVIEW AND REQUEST FOR ADOPTION OF THE "SPIRIT OF RANCHO CUCAMONGA" GUIDING PRINCIPLES VISION STATEMENT James Troyer, Planning Director, presented the staff report. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 17 of 18 Sam Gennawey, Senior Project Manager for Hogle-Ireland, Inc. presented the "Spirit of Rancho Cucamonga' guiding principles vision statement. MOTION: Moved by Williams, seconded by Michael, to adopt the "Spirit of Rancho Cucamonga" guiding principles vision statement. Motion carried 5-0. P. COUNCIL BUSINESS ` The following items have been requested by the City Council for discussion. P1. ADDITIONAL INFORMATION TO ASSIST IN REVIEWING THE QUALIFIED DEVELOPER CANDIDATES FOR THE PROPOSED 1 200 ACRE CITY -COUNTY PROJECT Pamela Easter, Assistant City Manager, presented the staff report. MOTION: Moved by Michael, seconded by Williams, to direct staff to forward the additional questions to the qualified developer candidates. Motion carried 5-0. P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo reported that CERT training would be offered on June 3 - 5, 2009 in Anaheim. He reported on the Rancho Cucamonga Fire Department wildland drill, which was held on April 29, 30 and May 1, 2009. Councilmember Spagnolo reported that he will be attending a prayer breakfast sponsored by the Rancho Cucamonga Women's Club and recently attended the opening ceremonies for a Cinco de Mayo event. Lastly, he congratulated the Rancho Cucamonga Equestrian Patrol for winning second place at a recent parade. Councilmember Gutierrez noted that he had recently visited the Bella Vista area and noted that there are some weed abatement/fire hazard concerns on many streets. He reported on his recent visit with a delegation from China. Councilmember Gutierrez spoke in opposition to the ballot measures listed on the May 19, 2009 ballot. Mayor Pro Tem Michael indicated that he will be attending the Police Officer Memorial Day event on May 9, 2009 and requested that tonight's meeting be adjourned in the memory of police officers who have lost their life in the line of duty during the last year. Mayor Pro Tem Michael thanked Dave Blevins for his years of service to the City. Councilmember Williams confirmed that the Cinco de Mayo event was great. She noted that the Lewis Family Playhouse would be showing a tribute to the Rat Pack on May 8, 2009. Also, Councilmember Williams reminded everyone of the Cucamonga Challenge to be held Saturday at Central Park. Mayor Kurth noted that everyone needs to send a message to the State that the budget crisis is not okay. He stated that tobacco kills people and second hand smoke is not okay. Mayor Kurth encouraged the audience to fill out the smoking survey on the City's Internet site. He reported on a recent breakfast that he had with Congresswoman Mary Bono regarding the need to improve health care in California. Lastly, he indicated that he supported the development of a community garden in Rancho Cucamonga. Redevelopment Agency, Fire Protection District, City Council Minutes May 6, 2009 Page 18 of 18 P3. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo read portions of a Resolution prepared by the League of California Cities regarding the State's budget crisis and lack of accountability. He concurred with Councilmember Gutierrez that the State has not fixed its budget crisis. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Gutierrez requested a report on the Herrera matter and an update on the progress being made to provide access to the neighbor's utilities. R. ADJOURNMENT Mayor Kurth adjourned the meeting at 10:45 p.m. in the memory of police officers who have fallen in the line of duty. R spectfully submitted, ~ '14 ~~ De ra L. McKay, MMC Assistant City Clerk/Records Manager Approved: May 20, 2009