HomeMy WebLinkAbout2011/05/18 - MinutesMay 18, 2011
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga City Council held a closed session on Wednesday, May 18, 2011, in the
Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California.
The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael.
Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice
PresidenUMayor Pro Tem Sam Spagnolo and ChairmanlPresidenUMayor L. Dennis Michael.
Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Kevin McArdle,
Community Services Director and James Markman, City Attorney.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Mayor L. Dennis Michael announced the closed session items:
D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE;
NEGOTIATING PARTIES: KEVIN MCARDLE, COMMUNITY SERVICES DIRECTOR, CITY
OF RANCHO CUCAMONGA AND BOBBY BRETT FROM RANCHO BASEBALL LLC
REGARDING POTENTIAL LEASE EXTENSION -CITY
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 5:00 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session recessed at 6:00 p.m. with no action taken.
G. REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 1 of 13
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. ChairmanlPresidenUMayor L. Dennis Michael called the meeting to
order at 7:00 p.m.
Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet,
Diane Williams, Vice ChairmanlVice PresidenUMayor Pro Tem Sam Spagnolo and
Chairman/PresidenUMayor L. Dennis Michael.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jahn Gillison, Assistant
City Manager; Linda Daniels, Deputy City Manager; Trang Huynh, Building and Safety Services
Director; Kevin McArdle, Community Services Director; James Troyer, Planning Director; Bill Wittkopf,
Public Works Director; Robert Karatsu, Library Director; Police Chief Joe Cusimano; Fire Chief Mike
Bell; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of a Certificate of Recognition to Four Points by Sheraton Hotel far their
support as an official partner of the Lewis Family Playhouse at the Victoria Gardens Cultural
Center.
Mayor Michael presented a certificate of recognition to Scott Gladney, General Manager and Erin
Kitchen, Director of Sales and Marketing of the Four Points by Sheraton Hotel for their support of the
Lewis Family Playhouse.
H2. Presentation of Proclamation recognizing May, 2011 as "National Historic Preservation
Month"
Mayor Michael presented a proclamation to Robert Karatsu, Library Director and James Troyer,
Planning Director, declaring May, 2011 as National Historic Preservation Month.
H3. Presentation of Certificates of Recognition to University of California Cooperative Extension
Master Gardener Program -San Bernardino County, Home Depot, and Kaiser Permanente
Community Benefit Program for their support of the GROW (Gardening Reaps Overall
Wellness) container gardening program.
Mayor Michael presented a certificates of recognition to Home Depot, Shelley Krupp, Program
Coordinator for the University of California Cooperative Extension, the County Master Gardener
volunteers and Kaiser Permanente in Fontana for their support of the GROW program.
H4. Presentation of a Proclamation recognizing May, 2011 as "Water Awareness Month"
Mayor Michael presented a proclamation to Kathleen Tiegs, President of the Cucamonga Valley
Water District, declaring May, 2011 as Water Awareness Month.
I. PUBLIC COMMUNICATIONS
11. Doctor Kevin Parkes from San Antonio Medical Center noted that it was National Emergency
Services Week and spoke about San Antonio's attack program and specialty stroke center. He
appreciated the great partnership with the Fire Department.
12. Rick Clark indicated that he survived a massive heart attack due to the outstanding response of
the officers, paramedics and firefighters who responded to the scene.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 2 of 13
13. Jack Childs spoke to the City Council regarding the offensive cooking odors that are coming from
the 99 Ranch Market at 9975 Base Line Road. He indicated that the Air Quality Management District
(AQMD) is aware of the concerns and are holding a hearing next week and requested assistance is
closing the facility.
14. Ed Dietl invited the Council and the audience to the Local History Night on May 20, 2011 at
Victoria Gardens. He presented photographs of historical structures, including the Foothill gas station
and stressed the need to preserve these structures. Mr. Dietl also announced an event by the
California Historic Route 66 Association at the Magic Lamp Inn on July 30, 2011.
15. Patti Davies also expressed concerns with the cooking odors that are coming from the 99 Ranch
Market. She stressed the need to work together to address these concerns. In response, Trang
Huynh, Building and Safety Services Director indicated that he would be contacting the AQMD
tomorrow and would be in contact with the residents regarding this matter.
16. Michael Wirtz noted that the odors at the 99 Ranch Market may negatively affect his two young
children and asked the City Council to resolve this concern.
17. Terry Masl spoke to the City Council regarding the need for campaign contribution limits in light of
last week's indictments related to the Colonies settlement. Currently, the City does not have
contribution limits. Mr. Masl noted that Mayor Kurth had received over $190,000 from developers and
Council Member Gutierrez had received over $174,000. The acceptance of donations, while not
illegal, creates the impression that the City is for sale and fosters uncertainty that Council actions are
in the best interest of the community. Mr. Masl also suggested that Council districts be established
and requested a special meeting to discuss this matter further.
18. Ann Beattie spoke about the 99 Ranch Market and requested Council's support in stopping its
activities.
19. Erick Jimenez supported the establishment of campaign contribution limits. He recognized the
challenges in reaching voters in the City and commended the City Council for their work. However,
there is corruption in the County which needs to be addressed.
110. Janet Walton prayed for the City Council and the audience.
111. John Lyons noted that when he ran for public office four years ago, he had used his own money
for campaign expenses. He expressed a concern with limiting campaign contributions as this would
limit him as well. He showed photographs of the Run for the Wall event, which left Victoria Gardens
this morning and suggested that the meeting be adjourned in the honor of the armed forces.
112. Kamran Benji noted that he is the developer for the property at Foothill Boulevard and East
Street (listed on the agenda as Item N3). Mr. Benji indicated the City's requirement that they make a
good faith effort to acquire the adjacent property. Several attempts have been made to do so, with no
success. Mr. Benji noted that this appeal was placed by the adjacent property owner in an attempt to
blackmail him. He distributed information to the City Council.
113. Dee Matreyck spoke in support of Item N2 (Community Gardens) and updated the City Council
on the Root 66 (Route 66) community garden project.
114. Bill Hanlon spoke about the Run for the Wall event and encouraged the City Council Members to
attend these activities.
115. Iris Leong from 99 Ranch stated that they have been working with the AQMD to address the odor
concern. She noted that the cooking has stopped but the complaints are still happening. 99 Ranch
has been in business for over 35 years and this is the first time odor has been a concern. Ms. Leong
indicated that 99 Ranch will do whatever it can to resolve the issue but indicating that shutting down
the business would result in laying off employees.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 3 of 13
116. Robert Hufnagel expressed a concern with the library at Victoria Gardens being named after Paul
Biane. He noted that it was the politician's job to ensure that the City received the appropriate County
resources. Mr. Biane did not do anything special to deserve this designation. Mr. Hufnagel suggested
that City facilities be named after people who have done extraordinary things, such as Army
Specialist Ronnie Pallares.
CONSENT CALENDARS:
The following items are expected to be routine and non-controversial. They will be acted upon
by the Agency/Board/City Council at one time without discussion. Any item may be removed by
an Agency/Board/Council Member for discussion.
J. CONSENT CALENDAR -REDEVELOPMENT AGENCY
J1. Approval of Minutes: May 4, 2011
J2. Approval of Check Register dated April 27, 2011 through May 10, 2011 for the total amount of
$930,923.11.
J3. Approve to receive and file current Investment Schedule as of April 30, 2011.
J4. Approval to release the Maintenance Guarantee Bond No. 4372570M, in the amount of
$51,332.50, for the Civic Center Parking Structure Waterproofing, Contract No. RA 09-008.
J5. Approval to authorize the increase to Professional Services Agreement 04-188 in the amount
of $516,158.00 to AECOM to provide design changes required by Caltrans for the Base Line
Roadll-15 Freeway Interchange Project and to appropriate $516,158.00 to Account No.
2660801565011361660-0 from Fund 660 2004 Tax Allocation Bond Fund Balance.
J6. Approval and execution of an Exclusive Negotiating Agreement (ENA) (CO RA 11-007)
between the Rancho Cucamonga Redevelopment Agency and LDC Cougar, LLC and Church
Haven Company, LLC, two subsidiaries of Lewis Operating Corporation for property
generally located on the northwest corner of Base Line Road and Day Creek Boulevard.
MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
K1. Approval of Minutes: May 4, 2011 (Regular Meeting)
K2. Approval of Check Register dated April 27, 2011 through May 10, 2011 for the total amount of
$564,262.12.
K3. Approval to receive and file current Investment Schedule as of April 30, 2011.
K4. Approval to appropriate funds in the amount of $50,000 from Fire District Reserve Funds into
Account No. 3281506-5300 for contract services for weed abatement contractors retained by
the Fire District to mitigate non-compliant parcels (Weed and Fire Hazard Abatement
Appropriation).
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 4 of 13
K5. Approval of a Resolution adopting a Memorandum of Understanding between the Rancho
Cucamonga Fire Protection District and the Fire Support Services Employee Group for the
period 2011-2013.
RESOLUTION NO. FD 11-013
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND THE FIRE SUPPORT SERVICES
EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE
PERIOD 2011-2013.
K6. Approval of a Resolution adopting a Memorandum of Understanding between the Rancho
Cucamonga Fire Protection District and Rancho Cucamonga Firefighters Local 2274 for the
period 2011-2014.
RESOLUTION NO. FD 11-014
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND RANCHO CUCAMONGA
FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS
AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE PERIOD 2011-14
MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
L. CONSENT CALENDAR -CITY COUNCIL
L1. Approval of Minutes: April 27, 2011 (Special Meeting) -Animal Care and Services
May 4, 2011 (Regular Meeting)
L2. Approval of Check Register dated April 27, 2011 through May 10, 2011 and payroll ending
May 10, 2011 for the total amount of $4,974,641.49.
L3. Approval to receive and file current Investment Schedule as of April 30, 2011 .
L4. Approval to receive Community Services Update Report.
L5. Approval of an Agreement for the Inland Valley Daily Bulletin All Star Game at the Rancho
Cucamonga Epicenter Stadium on June 7, 2011 (practice game) and June 8, 2011 (game
date).
L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Gardens
Cultural Center Celebration Hall Flooring Project to be funded from Account No. 1001312-
5304.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 5 of 13
RESOLUTION NO. 11-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING PLANS AND
SPECIFICATIONS FOR THE "VICTORIA GARDENS CULTURAL
CENTER CELEBRATION HALL FLOORING PROJECT" IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
L7. Approval to award for the replacement of play equipment from Landscape Structures, Inc. for
the Victoria Groves Park Tot Lot and the Ellena Park Tot Lot, utilizing HGAC Contract
No.PR11-10; and authorize the expenditure of $169,535.00 plus a 2% contingency to be
funded from Account 1120305-5650/1760120-0 and $196,280.00 plus a 2% contingency to
be funded from Account 1 1 20 305-5650/1 761 1 20-0 and authorize the appropriation of
$22,925.00 from Account 1120305-5650/1764120-0 to Account 1 1 20 30 5-56 50/1 7601 20-0
and the appropriation of $50,206.00 from Account 1120305-565011764120-0 to Account
1120305-565011761120-0.
L8. Approval to release the Maintenance Guarantee Bond No. 2081248, in the amount of
$16,152.60, for the Traffic Signal at 19~" Street and Jasper Street Improvements, Contract
No. 09-059.
L9. Authorize the award of a sole source contract to Ryan Snyder Associates of Los Angeles,
California, (CO 11-061) to develop and implement Safe Routes to School Programs at five
(5) Schools in the amount of $7,500.00 and authorize a 10% contingency in the amount of
$750.00 funded from Account No. 1234303-5300 (Safe Routes to School Program),
contingent upon approval by Caltrans.
RESOLUTION NO. 11-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE AWARD OF A
SINGLE SOURCE CONTRACT TO RYAN SNYDER ASSOCIATES OF
LOS ANGELES, CALIFORNIA, TO PROVIDE SAFE ROUTES TO
SCHOOL WORKSHOPS AT FIVE (5) SCHOOLS IN THE AMOUNT
OF $7,500.00 AND AUTHORIZE A 10% CONTINGENCY IN THE
AMOUNT OF $750.00 FUNDED, CONTINGENT UPON APPROVAL
BY CALTRANS
L10. Approval of a Resolution approving a Memorandum of Understanding between the City of
Rancho Cucamonga and the San Bernardino Public Employees Association, representing
maintenance employees, for the period 2011-2012.
RESOLUTION NO. 11-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF RANCHO
CUCAMONGA AND THE SAN BERNARDINO PUBLIC EMPLOYEES
ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR
2011-12
MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the
staff reports. Motion carried 5-0.
M. CONSENT ORDINANCES
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 6 of 13
The following Ordinances have had public comment 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 Agency Member, Board Member, or Council
Member.
M1.
CUCAMONGA MUNICIPAL CODE
ORDINANCE NO. 841 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REGULATING THE REMOVAL OF
SHOPPING CARTS FROM RETAIL ESTABLISHMENT PREMISES, AND
AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE
Council Member Alexander noted that he had abstained from voting on this item at the last meeting
due to concerns with the elderly using the shopping carts to transport food to their homes. He has
since then met with the Building and Safety Services Director and has been assured that these
concerns are being reviewed and accommodated. He indicated that he supported the Ordinance.
The Assistant City Clerk/Records Manager read the Title of Ordinance No. 841.
MOTION: Moved by Williams, seconded by Spagnolo, to approve Ordinance No. 841 for second
reading. Motion carried 5-0.
N. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
The following items have been advertised and/or posted as public hearings as required by
law. The Mayor will open the meeting to receive public testimony.
N1. DEVELOPMENT CODE AMENDMENT DRC2010-00946 - CITY OF RANCHO
CUCAMONGA - A proposed amendment to the Development Code, amending Sections
17.02 (Administration), 17.04 (Permits), 17.10 (Commercial/Office Districts), and 17.32
(Foothill Boulevard Districts) to add a definition for Farmers' Markets, to amend the
Commercial/Office District and Foothill Boulevard Districts Use Regulations tables, and
define the permitting requirements for Farmers' Markets. Staff has determined that the
project is exempt from the requirements of the California Environmental Quality Act (CEQA)
Section 15061(b)(3) and 15304(e). Related Files: DRC2011-00291 and DRC2011-00292.
VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2011-00291 - CITY OF
RANCHO CUCAMONGA - A proposed amendment to the Victoria Gardens Master Plan,
amending Section 4.3 regarding the requirements for Farmers' Markets. Staff has
determined that the project is exempt from the requirements of the California Environmental
Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related Files: DRC2010-00946
and DRC2011-00292.
TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2011-00292- CITY OF RANCHO
CUCAMONGA - A proposed amendment to the Terra Vista Community Plan, amending
Chapter V (Community Development Standards) regarding the requirements for Farmers'
Markets. Staff has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related
Files: DRC2010-00946 and DRC2011-00291.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 7 of 13
ORDINANCE NO. 843 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2010-00946, A REQUEST TO AMEND SECTIONS
17.02 (ADMINISTRATION), 17.04 (PERMITS), 17.10
(COMMERCIALIOFFICE DISTRICTS), AND 17.32 (FOOTHILL
BOULEVARD DISTRICTS) TO REGULATE CERTIFIED FARMERS'
MARKETS. AND MAKING FINDINGS IN SUPPORT THEREOF
ORDINANCE NO. 844 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS
MASTER PLAN AMENDMENT DRC2011-00291 MODIFYING THE
MASTER PLAN SECTION 4.3 REGARDING THE REQUIREMENTS FOR
CERTIFIED FARMERS' MARKETS, 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. 845 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA
COMMUNITY PLAN AMENDMENT DRC2011-00292 MODIFYING THE
COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT
STANDARDS) REGARDING THE REQUIREMENTS FOR CERTIFIED
FARMERS' MARKETS, GENERALLY BOUNDED BY BASE LINE ROAD
TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH,
ROCHESTER AVENUE TO THE EAST, AND HAVEN AVENUE TO THE
WEST; AND MAKING FINDINGS IN SUPPORT THEREOF
Candyce Burnett, Senior Planner presented the staff report
In response to Council Member Buquet, Ms. Burnett indicated that farmers' markets are regulated by
the California Agricultural Code. Council Member Williams inquired about individual certification, and
she indicated that the Market Manager would be required to have the certification.
Council Member Alexander inquired about legal exposure. In response, James Markman, City
Attorney noted that the Ordinance did not create a liability but indicated that contractual agreements
formed to administer the program would address liability.
Discussion was held regarding private property owners selling products that they have grown. Ms.
Burnett indicated that the Ordinance does not address this as this activity would not be considered a
farmers' market.
Mayor Michael opened the public hearing.
Roldan Aguilar spoke in support of the Ordinances.
Irene Chisholm was supportive of farmers' markets and community gardens.
Barbara Milanez indicated that she was a Master Gardener and stated that they support farmers'
markets and community gardens. There is a need far fresh vegetables and fruits for the community.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 8 of 13
John Lyons suggested that the farmers' market at to Four Points by Sheraton Hotel be grandfathered
in. Also, farmers sometimes allow Boy Scout groups and other youth groups to pick up excess fruit.
He suggested that provisions be made to allow these groups to sell the fruit at a farmers' market.
People who grow something on their property should be allowed to sell what they grow at a farmers'
market.
Victoria Jones a member of the Healthy RC Steering Committee, spoke in support of community
gardens.
Mayor Michael closed the public hearing.
The Assistant City Clerk/Records Manager read the Title of Ordinance Nos. 843, 844 and 845.
MOTION: Moved by Alexander, seconded by Williams, to adopt Ordinance Nos. 843, 844 and 845
for first reading and set second reading for June 1, 2011. Motion carried 5-0.
N2. DEVELOPMENT CODE AMENDMENT DRC2009-00414 - CITY OF RANCHO
CUCAMONGA - A proposed amendment to the Development Code, amending Sections
17.02 (Administration), and 17.08 (Residential Districts), to add a definition and standards for
Community Gardens. Staff has determined that the project is exempt from the requirements
of the California Environmental Quality Act (CEQA) Section 16061(b)(3). This action will be
forwarded to the City Council for final action and the date of the Public Hearing before City
Council will be separately noticed.
ORDINANCE NO. 846 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT
DRC2009-00414, A REQUEST TO AMEND SECTIONS 17.02
(ADMINISTRATION) AND SECTIONS 17.08 (RESIDENTIAL
DISTRICTS), TO REGULATE COMMUNITY GARDENS; AND MAKING
FINDINGS IN SUPPORT THEREOF
Candyce Burnett, Senior Planner presented the staff report.
In response to Council Member Buquet, Ms. Burnett indicated that a blanket waiver would be
allowed for any Conditional Use Permits requested to establish a community garden within a
residential district.
Mayor Michael opened the public hearing.
Cynthia Roberson indicated that she was a Master Gardener and stated that she supports community
gardens.
Mayor Michael closed the public hearing.
The Assistant City ClerklRecords Manager read the Title of Ordinance No. 846.
MOTION: Moved by Spagnolo, seconded by Williams, to adopt Ordinance No. 846 for first reading
and set second reading for June 1, 2011. Motion carried 5-0.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 9 of 13
N3.
A Request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of
land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan (Foothill
Boulevard Districts) approximately 65 feet west of the northwest corner of Foothill Boulevard
and East Avenue -APN: 1100-201-03 and 07. Related Files: Preliminary Review DRC2008-
00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Uniform
Sign Program DRC2011-00043, Tree Removal Permit DRC2009-00861 and Development
Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of
environmental impacts for consideration.
- A request to construct a 61,800 square foot multi-tenant commercial center with a drive
thru (Pad A) on 6.99 acres of land in the Community Commercial District (Subarea 4) of the
Foothill Specific Plan (Foothill Boulevard Districts) approximately 65 feet west of the
northwest corner of Foothill Boulevard and East Avenue -APN: 1100-201-03 and 07.
Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947,
Development Review DRC2009-00842, Uniform Sign Program DRC2011-00043, Tree
Removal Permit DRC2009-00861 and Development Code Amendment DRC2010-00562.
Staff has prepared a Mitigated Negative Declaration of environmental impacts for
consideration.
CONSIDERATION OF APPEAL OF UNIFORM SIGN PROGRAM DRC2011-00043 -
FOOTHILL & EAST. LLC - ttAMRAN BENJI - A request to establish a uniform sign program
for a proposed shopping center within the Foothill Boulevard (Subarea 4) Community
Commercial District approximately 65 feet west of the northwest corner of Foothill Boulevard
and East Avenue. Related Files: Preliminary Review DRC2008-00284, Pre-Application
DRC2008-00947, Development Review DRC2009-00842, Conditional Use Permit
DRC2009-00843, Tree Removal Permit DRC2009-00861, and Development Code
Amendment DRC2010-00562.
FOOTHILL & EAST LLC - KAMRAN BENJI - A request to remove 123 trees for the
development of a 61,800 square foot commercial retail center approximately 65 feet west of
the northwest corner of Foothill Boulevard and East Avenue in the Community Commercial
District of the Foothill Specific Plan (Foothill Boulevard Districts) Subarea 4 -APN: 1100-
201-03 and 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application
DRC2008-00947, Development Review DRC2009-00842, Conditional Use Permit
DRC2009-00843, Uniform Sign Program DRC2011-00043, and Development Code
Amendment DRC2010-00562.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2010-
00562 -FOOTHILL & EAST, LLC - I(AMRAN BENJI - A request to amend the text in
Development Code Section 17.32.080 D-6-c, to allow for the removal and replacement of the
grove of trees and the removal of the 20-foot wide greenway connection near the northwest
corner of the site for future connection to the community trail system and Garcia Park on
6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific
Plan (Foothill Boulevard Districts) approximately 65 feet west of the northwest corner of
Foothill Boulevard and East Avenue -APN: 1100-201-03 and 07. Related files: Preliminary
Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review
DRC2009-00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program
DRC2011-00043, and Tree Removal Permit DRC2009-00861. Staff has prepared a
mitigated negative declaration of environmental impacts for consideration.
James Markman, City Attorney, addressed the proposed retail shopping center and noted that the
City had encouraged the two property owners to merge together so that there was a unified center.
As the Council had heard under Public Communications, this hasn't happened and the proposed
shopping center has been processed, approved by the Planning Commission and appealed by the
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 10 of 13
adjacent owner. A letter has been submitted which identified discrepancies with the environmental
processes. As these items can easily be corrected, Mr. Markman recommended that the
discrepancies be repaired and that the project be reprocessed by the Planning Commission.
MOTION: Moved by Williams, seconded by Spagnolo, to refer Item N3 back to the Planning
Commission for their consideration. Motion carried 5-0.
O. CITY MANAGER'S STAFF REPORTS
FIRE PROTECTION DISTRICT
The following items have no legal publication or posting requirements.
01. CONSIDERATION OF INTRODUCTION AND WAIVER OF FIRST READING OF AN
ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 85-1
ORDINANCE NO. FD 51 (first reading)
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES
DISTRICT
Mike Bell, Fire Chief, presented the staff report.
The Assistant City Clerk/Records Manager read the Title of Ordinance No. FD 51.
MOTION: Moved by Spagnolo, seconded by Buquet, to adopt Ordinance No. FD 51 for first reading
and set second reading for June 1, 2011. Motion carried 5-0.
P. CITY MANAGER'S STAFF REPORTS
CITY COUNCIL
The following items have no legal publication or posting requirements.
P1. PRESENTATION BY THE INLAND EMPIRE RESOURCE CONSERVATION DISTRICT:
Present and Future Partnerships -The City of Rancho Cucamonga and the Inland Empire
Resource Conservation District (PowerPoint presentation)
Mandy Parks, District Manager of the Inland Empire Resource Conservation District, provided a
PowerPoint presentation on possible future partnerships with the City of Rancho Cucamonga.
Q. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council
Member.)
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 11 of 13
Mayor Pro Tem Spagnolo reported that he recently attended the International Footprint Association's
annual Blue Ribbon breakfast and showed a photograph of Deputy Jeremy Dean, who was selected
as Officer of the Year.
02. COUNCIL REVIEW OF THE CITY'S CURRENT POLICIES REGARDING THE NAMING OF
CITY FACILITIES AND MATTERS RELATED THERETO
Kevin McArdle, Community Services Director, presented the staff report.
In response to Mayor Pro Tem Spagnolo, Mr. McArdle indicated that staff has been researching the
naming policies used by other cities and 23 policies have been identified so far.
Mr. McArdle confirmed to Mayor Michael that the park policy and the sponsorship policy were not
superseded by earlier policies.
Mayor Michael inquired about Central Park and inquired if the Brulte Senior Center was named using
the park policy. Mr. McArdle indicated that this was the case.
Council Member Alexander did not believe that elected officials using public funds should receive
name recognition on City facilities. He noted that taxpayer dollars are being used to further political
careers.
Council Member Buquet inquired if the policies provided for the removal of the name if a person was
convicted of a crime. In response, Mr. McArdle confirmed that the private donors had signed
agreements which provided for this contingency. For public officials, this agreement was not used as
the funding was acquired though other documents in accordance with the policy statements.
James Markman, City Attorney, indicated that the City Council can change a facility name at any time
unless there is a contractual agreement. There are agreements with the private donors which indicate
that the name can be removed if the person is convicted.
Jack Lam, City Manager, addressed the policy statements, which provide ample documentation for
the removal of names of public officials in the event that there is an action which is contrary to the
City's healthy values or which would impede the collection of other sponsorships.
Mayor Pro Tem Spagnolo supported the review of the policies and strengthening the language;
however, he did not support prohibiting the acceptance of funding from public officials. He noted that
there was sufficient flexibility to remove a name in the event that it is necessary. Council Member
Williams concurred, noting that naming City facilities after public officials who provide support to the
facility this is a very common practice. She supported reviewing the policies and strengthening the
language.
Council Member Buquet recognized that the City was in an uncomfortable situation. It is important to
approve policies in a responsible way and to avoid knee jerk reactions.
Council Member Alexander noted the need to stop naming City facilities after political processes. This
policy would not restrict private donations in any way.
Mayor Michael concurred with the need to review and tighten up the policies. Perhaps the two
policies can be combined. He noted that the City had received a $10 Million park grant for Central
Park. These are tough competitive times and every penny counts. Mayor Michael indicated that the
Council had the flexibility to remove a name if someone disgraces themselves. He recognized the
suggestion to change the policy to recognize people after they have passed away but noted that this
also limited the Council. He did not want to tie the Council's hands if a large donation was offered. He
suggested that the Community Services staff work with the City Attorney on tightening the language
and bringing the documents back for the Council's consideration.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 12 of 13
R. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
S. ADJOURNMENT
Mayor Michael adjourned the meeting at 9:41 p.m. in memory and honor of the Armed farces.
Respectfully submitted,
Deb L. McKay, MMC
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Assistant City ClerklRecords Manager
Approved: June 1, 2011
Redevelopment Agency, Fire Protection District, City Council Minutes
May 18, 2011 -Page 13 of 13