Loading...
HomeMy WebLinkAbout2002/09/04 - Minutes September 4, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, September 4, 2002, 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 Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; James Markman, City Attorney, and Joe O'Neil, City Engineer. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session item. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY EAST AND WEST OF DAY CREEK CHANNEL FOR THE CONSTRUCTION OF THE EXTENSION OF CHURCH STREET AND A STORM DRAIN EASEMENT; JOE O'NEIL, CITY ENGINEER, AND SOUTHERN CALIFORNIA EDISON, NEGOTIATING PARTIES, SETTING OF JUST COMPENSATION -APN: 227-152-30 AND 37,227-161-16, and 227-201-10 - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. E. RECESS The Council recessed at 6:15 p.m. No action was taken in closed session. City Council Minutes September 4, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 4, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:09 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Paula Pachon, Management Analyst Ill; Joe O'Neil, City Engineer; Brad Buller, City Planner; Donald Granger, Assistant Planner; John Thomas, Acting Building Official; Larry Temple, Administrative Services Director; Joseph Kamrani, Sr. Information Systems Analyst; Charles Scott, Sr. Information Systems Specialist; Captain Pete Ortiz, Police Department; Captain Sam Spagnolo, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Kathy Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS The Presentations were addressed in the following order, however the minutes will remain in agenda order: B3, B1 and B2. BI. Presentation of a Proclamations in recognition of the "Freedom's Flame" Memorial local volunteer planning committee. Mayor Alexander presented the Proclamations. The committee members in attendance included: Dennis Stout, Chuck Williams, Dr. Jim Burns, Jeri Lyn Ferguson, Kevin Hoyt, Loretta Holtz, Julie Reynolds, Jim Lee, Susan Mickey, Sam Spagnolo, Steve Wilkerson, and Larry and Libby Noble. Dennis Stout, Chairman of the Board of Freedom's Flame, spoke on behalf of the Committee regarding the Freedom Flame. He stated that Freedom's Flame is a Memorial that will be constructed in Rancho Cucamonga as the West Coast Host with a duplicate in New York City or somewhere near for the East Coast version. He said the purpose of the Memorial is to recognize not only the tragedy of September 11, 2001, but more important, America's response to that tragedy. He recognized the importance of the contributions of Bill Lecky, Principal Architect, Al Architects in Washington D.C., who designed the Memorial concept; Larry Noble, the sculptor; and Jim Burns and Chuck Williams, who assisted in New York at Ground Zero and who were able to obtain 48 tons of steel from the World Trade Center, 16 of which were transported to San Bernardino County. Sam Spagnolo, Captain, Rancho Cucamonga Fire Protection District, made a commemorative presentation to the Council, which was a Proclamation from the Lt. Governor of the State of Missouri, Joe Maxwell, which will be displayed at City Hall. A two-minute video was presented on the caravan that traveled through the community on July 4t~. Mayor Alexander thanked Charter Communications for providing the video services. City Council Minutes September 4, 2002 Page 3 B2. Presentation of a Proclamation in recognition of September 11, 2002, as "ALWAYS REMEMBER 9/11 DAY." A Proclamation was presented, and read by Mayor Alexander, on behalf of the Mayor and City Council regarding "Always Remember 9/11 Day." B3. Presentation of Certificates of Recognition to the California Eagles Baseball Club (Age 18 and Under) in honor of their winning the Hot Shot Invitational Baseball Tournament. Mayor Alexander presented the Certificates with the assistance of Coaches Chuck McDonald, Mark Tundis, Wes Burns, and Mike Walters. C. COMMUNICATIONS FROM THE PUBLIC Cl. Diane Gunther, 8417 9th St., made Council aware of an upcoming women's conference at the Lions Center East and West, September 28, 2002, sponsored by "Women on the Move," which is an Outreach of the Baha'i faith in Rancho Cucamonga. She said the workshops and the speakers will be of interest to both men and women. C2. Brenda Adams, 9416 Glenaire Ct., representing the Hawthornes gated community, stated her concerns regarding police protection within the Hawthornes private gated community, as she was told that the Police could only patrol as a courtesy. She requested that someone get back to them and let them know what type of coverage they are entitled to as a community (fire and police), as they are concerned about safety. Mayor Alexander stated that law enforcement would respond te and handle any emergency situation whether it's in a gated community er net. He said public safety agency will respond to anything of an emergency or even a non-emergency situation if they can handle it. He said the presence of law enforcement and fire is going to be there just as fast for this community as it will be for any non-gated portion of the community. C3. Pam Sutton, 8238 Morton Avenue, said her neighborhood is located at Etiwanda and Foothill, behind the Metropolitian Water District. She stated her concern about a pest that is invading her neighborhood called a "midge." She said because there is such a large body of drinking water, pesticides cannot be used. She said she is disgusted and just can't take it any more. She stated she has talked to the Metropolitan Water District and they have suggested that they could put lights at Arrow Route, but that has not been done. She said they also suggested putting water sprinklers in because the ripple would deter them, but that also has not happened. She asked for the help of City Council because she is just not getting anywhere. Mayor Alexander said that somebody would call her back. He also stated that the Chamber of Commerce will be having a speaker soon on the subject of pest control. He assured her that one of the members of the Council would discuss that issue with the County of San Bernardino. Councilmember Williams said she would like to have Mrs. Sutton as her guest at the Chamber luncheon when the speaker will be discussing the pest control issue. She said she will be contacting Mrs. Sutton regarding this. C4. Steve Padilla, 8255 Morton Avenue, also spoke regarding the pest, "midge" problem. He said it is very annoying, especially while working in the yard. He wanted City Council to be aware of the problem and hoped that maybe Council could help them. Councilmember Williams asked if this pest problem is seasonal. City Council Minutes September 4, 2002 Page 4 Mr. Padilla stated that it does seem to be worse when it is warmer. C5. Ron Stark, 5830 Emerald St., stated that there are a group of residents in attendance who want to comment on the Colonies project and the Upland Planning Commission Meeting that occurred. Mayor Alexander stated that is an agendized resolution, Item I1, and that would be the appropriate time to speak. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. August 15, through August 28, 2002, for the total amount of $3,674,653.13. D2. Approval of a request to summarily vacate a 12-foot wide easement for drainage purposes, V-188, located between Foothill Boulevard and Eucalyptus Street and lying within portions of parcels 2, 3, 6, and 7 of Parcel Map No. 10617 - APN: 208-352-63, 64, 67, 68 - Related file: DRC2001-00393. RESOLUTION NO. 02-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 12-FOOT WIDE EASEMENT FOR DRAINAGE PURPOSES FOR APN: 208-352-63, 64, 67, 68 D3. Approval of single source vendors and approval of annual vendor expenditures for the purchase of concrete, rock and asphalt supplies from D & K Concrete and Holliday Rock in the aggregate amount not to exceed $115,000 annually, to be funded from various city accounts. D4. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for DRC2001-00719, located on the east side of the southern terminus of Hyssop Drive, east of the 1-15 freeway, submitted by Erin Madison, Inc. RESOLUTION NO. 02-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00719 RESOLUTION NO. 02-240 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2001-007 DS. Approval of Improvement Agreement and Improvement Security for Wilson Avenue Storm Drain Lines "C" and "E", located west of Day Creek Boulevard in Wilson Avenue and north of Tract 14496, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT City Council Minutes September 4, 2002 Page 5 AGREEMENT AND iMPROVEMENT SECURITY FOR WILSON AVENUE STORM DRAIN LINES "C" AND "E' D6. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for Tract 15711, located on the north side of Miller Avenue between East and Etiwanda Avenues, submitted by RC Homes, LLC. RESOLUTION NO. 02-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15711, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 15711 D7. Approval of Improvement Agreement and Improvement Security for Banyan Street between Day Creek Boulevard and Rochester Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR BANYAN STREET BETWEEN DAY CREEK BOULEVARD AND ROCHESTER AVENUE D8. Approval of Improvement Agreement and Improvement Security for Wilson Avenue Storm Drain Line A-l, located in Wilson Avenue east of Day Creek Boulevard, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 02-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR WILSON AVENUE STORM DRAIN LINE A-1 D9. Request to enter into a Lease Hold Agreement at Etiwanda Creek Park between Cingular Wireless (CO 02-096) and the City of Rancho Cucamonga for the purpose of installing a wireless communication facility for Cingular Wireless Personal Communication Service. D10. Approval of a Professional Services Agreement with SB&O, Inc., (CO 02-097) in the amount of $18,300.00 to provide Fiscal Year 200212003 topographical design survey for proposed street improvements throughout various locations within the City, to be funded from the following Account Numbers: 11763035650/1263176-0 (Grove), 11763035650/1411176-0 (Lemon), 1176303565011295176- 0 (Beryl), 11243035650/144124-0 (6th), and 11763035650/1408176-0 (Banyan). MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes September 4, 2002 Page 6 E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODF AMENDMENT - DRC2002-00321 - OLTMAN'S INVESTMENT COMPANY - A request to amend the circulation within the Industrial Development District, Subareas 12 and 13, to eliminate the portion of Mission park Drive between Buffalo Avenue and Charles Smith Avenue, submitted by Oltman's Investment Company-APN: 229-263-68. Related Files: Development Review DRC2001-00718. Staff has prepared a Negative Declaration of environmental impacts for consideration. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 684. ORDINANCE NO. 684 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00321, TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL DEVELOPMENT DISTRICT, SUBAREAS 12 AND 13, ELIMINATING THE EXTENSION OF MISSION PARK DRIVE EAST OF BUFFALO AVENUE BY AMENDING SECTION 17.30.080, FIGURES 17.30.080~0 AND 17.30.080-N OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 684. Motion carried unanimously 5-0. E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00448 - CITY OF RANCHO CUCAMONGA - An amendment to the Development Code to add text provisions for Mixed Use development for approximately 55 acres located on the north and south side of Foothill Boulevard between Grove Avenue and the abandoned Southern Pacific Railroad corridor (trestle) also known as the "Bear Gulch Area," as part of Phase II of the General Plan Consistency Program. Related Files: Development District Amendment DRC2002-00446A and Development District Amendment DRC2002-00446B. This amendment is based on the updated General Plan approved October 17, 2002, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that certified EIR, and the previously cedified EIR adequately describes the activities for the purposes of CEQA. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 685. ORDINANCE NO. 685 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00448 TO ADD TEXT PROVISIONS FOR MIXED USE DEVELOPMENT FOR AREA ONE, APPROXIMATELY 55 ACRES, LOCATED ON THE NORTH AND SOUTH SIDES OF FOOTHILL BOULEVARD BETVVEEN GROVE AVENUE AND THE ABANDONED SOUTHERN PACIFIC RAILROAD CORRIDOR (TRESTLE) ALSO KNOWN AS THE "BEAR GULCH AREA" City Council Minutes September 4, 2002 Page ? MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 685. Motion carried unanimously 5-0. E3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRG2002-00446A - CITY OF RANCHO CUCAMONGA - An amendment to the Development District Map to change the land use designations from General Commercial, Community Commercial, Office, Office Park, and Specialty Commercial to mixed Use for 55 acres of land located on the north and south sides of Foothill Boulevard between Grove Avenue and the abandoned Southern Pacific Railroad corridor (trestle) also known as the "Bear Gulch Area,", as Phase II of the General Plan Consistency Program -APN: 207-011-33, 35, 36, 43, 44, and 45; 207-101-13, 17, 24, 25, 31, and 41; 207-111-01, -02, 05 thru 17 and 23; 207-112-03, thru 06, 09 thru 11, 13 thru 16, 20, and 21; 207-113-01 thru 18 and 23 thru 25; 207-123-33 and 34; 207-571-75 thru 78. Related Files: Development Code Amendment DRC2002-00448 and Development District Amendment DRC2002-00446B. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR, does not raise or create new environmental impacts not already considered in that certified EIR, and the previously certified EIR adequately describes the activities for the purposes of CEQA. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 686 ORDINANCE NO. 686 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2002-00446A AMENDING THE DEVELOPMENT DISTRICT MAP TO CHANGE THE LAND USE DESIGNATIONS FROM GENERAL COMMERCIAL, COMMUNITY COMMERCIAL, OFFICE, OFFICE PARK, AND SPECIALTY COMMERCIAL TO MIXED USE FOR 55 ACRES OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF FOOTHILL BOULEVARD BETWEEN GROVE AVENUE AND THE ABANDONED SOUTHERN PACIFIC RAILROAD CORRIDOR (TRESTLE), ALSO KNOWN AS THE "BEAR GULCH AREA," AS PHASE II OF THE GENERAL PLAN CONSISTENCY PROGRAM - APN: 207-011-33, 35, 36, 43, 44, AND 45; 207-101-13, 17, 24, 25, 31, AND 41; 207-111-01, 02, 05 THRU 17, AND 23; 207-112-03 THRU 06, 09 THRU 11, 13 THRU 16, 20, AND 21; 207-113-01 THRU 18, 23 THRU 25; 207-123-33, AND 34; 207-571-75 THRU 78 MOTION: Moved by Williams, seconded by Dutton to waive full reading and approve Ordinance No. 686. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. PRESENTATION BY THE RANCHO CUCAMONGA POLICE DEPARTMENT: ANTI-GRAFFITI EDUCATION PROGRAM (Oral) Jack Lam, City Manager, stated that graffiti is a great concern for all our communities, and in an effod to be proactive, the Police Department, as well as City staff, are re-examining not only existing programs, but also examining how we can enhance our ability to fight graffiti. He said the presentation from the Police Department deals with an anti-graffiti education program. Deputy Al Girard made the presentation. He said they are tackling the graffiti problem by working with school teachers and administrators in assisting the police by identifying taggers and tagging issues. City Council Minutes September 4, 2002 Page $ Deputy Girard gave a power point presentation that will also be presented to all high school and junior high school teachers as a tool to educate them and introduce them to the problem that exists. Councilmember Biane asked about video surveillance in areas that are more frequently tagged. Deputy Girard answered that the Sheriff's Department is looking into purchasing cameras for that purpose. He said as a whole the cameras don't help in prose(;ution but they are a deterrent. Councilmember Biane asked about the fine when a tagger is caught. Deputy Girard answered that restitution is the cost of removing the graffiti and, although he does not know the exact dollar amount, he thinks the City Yard currently charges a couple dollars a square foot. Councilmember Dutton asked how much money was spent last year on graffiti removal. Joe O'Neil, City Engineer, answered that it was about $150,000 on public property only. Councilmember Dutton asked about the success to date on the City's stepped up efforts to curtail graffiti. Deputy Girard said the City has had great success. He said they are still in the planning stages and coming up with some good ideas in talking to other communities about what would work. He said just in the last few months he and Deputy Gonzales have gained more knowledge than in the last three years. Mayor Alexander asked if we expect a lot of friendship from the courts in actively pursuing prosecutions and reimbursements once we can start identifying. Deputy Girard answered that we do expect it. He said they are currently working with the Probation Department. He said it is difficult to get a prosecution unless the tagging is witnessed or the tagger admits to the tagging. He said some other communities are overcoming this and the City of Rancho Cucamonga is pursuing that knowledge to also overcome this. Mayor Alexander asked about what other communities are doing with respect to surveillance cameras. Jack Lam, City Manager, said that existing programs are being reexamined. He said the Police Department is working closely with other departments and sharing information, and hopefully within the next couple months the City will come up with even better initiatives. He said the City is always looking for ways to do this better, as it has a major impact on the community. Councilmember Williams asked what a teacher or an administrator is expected to do if they suspect a student of being involved in this type of activity. Deputy Girard stated that the procedures are already in place; that the junior high and high schools already have policies where they prohibit any type of tagging or tagging material. The teachers are to contact their school security or school resource officer. Action: Report received and filed. City Council Minutes September 4, 2002 Page 9 I. COUNCIL BUSINESS H. CONSIDERATION OF A RESOLUTION SUPPORTING AND AUTHORIZING THE CITY OF UPLAND AS LEAD AGENCY FOR A LOCAL AGENCY FORMATION COMMISSION (LAFCO) APPLICATION FOR A SPHERE OF INFLUENCE AMENDMENT AND THE REORGANIZATION O~- TERRITORY TO SAID CITY Staff report presented by Brad Buller, City Planner. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Carol Douglas, 6047 Indigo Avenue, said she spoke with the builder and the planner and questioned the size and locations of signs planned for the development and the height of walls at the east end adjacent to Rancho Cucamonga's regional trail. She stated her frustration on a few issues regarding misinformation. She said they were given different answers about whether a car dealership was planned, specifically the numbers of buildings planned for that dealership. She said she went to the Planning Department to do research and saw "open space" on the zoning map where this development was planned; however, she was told it was not zoned as open space. She said Mr. Buller, City Planner, was at the Planning Commission meeting as a representative of the City of Rancho Cucamonga and they did not address any of the questions that he posed. She said they did not address many of the issues for many of the questions that the citizens had, such as the quality of life, property values and the fact that Upland does not seem to be a good neighbor. She said they are concerned about the proximity of the commercial development to residential property, negative declarations about lighting, and the adjacent regional Cucamonga Trail. She said no mitigation was addressed at that meeting; it was simply passed on to the City Council. She also commented about the comments made in the newspaper by the Mayor of Upland, which she felt were inflammatory. She would like the concerns of the residents considered by the City of Rancho Cucamonga and see that this annexation is not a good idea without contingencies or specific requirements. Dr. R. H. lannone, 8469 16th St., said that they believe that certain elements of the Brown Act may have been violated in their publication of meetings and other facts in the proposal and construction of that project. He said it appears that Upland has planned to ask for forgiveness rather than permission to begin the project. He said the environmental impact report was presented at the Planning Commission Meeting, yet two phases of the residential housing have already been sold out and people are living in those homes. He said the City Council of Upland has not acted on the road issues at this point, and yet bulldozers have already scraped out the roads. He said the public has been denied access to the representative form of government that is entitled. He asked that the City Council of the City of Rancho Cucamonga set aside this issue of donating this land to the City of Upland until such time as the facts can be sorted. Ron Stark, 5830 Emerald St., said a decision is being made to relinquish some of our land to Upland that will ultimately be used for the Colonies project. He said he is concerned that the kindness we showed to Upland may not be reciprocated. He said he attended the August 28th Upland Planning Commission meeting that began at 6:30 p.m., and after midnight it was opened for public discussion. He said he stayed until it was over, which was 2:30 a.m. He said a member of the Upland Planning Commission treated Brad Buller, City of Rancho Cucamonga Planner, extremely rudely when he simply wanted to find out about the status of a letter submitted by the City of Rancho Cucamonga expressing questions and concerns. He said another Planning Commissioner stated he was not elected, but appointed, and therefore could do what he wants to do and that it does not matter what the people in the audience think. He requested that the Rancho Cucamonga City Council do everything in their power to ensure that Upland does act in a neighborly way to the Alta Loma residents who are going to be most affected and impacted by this project. He said we owe it to the residents to do everything we can to convince Upland to act in a proper, ethical and neighborly way. City Council Minutes September 4, 2002 Page t0 Clark Atterbury, 6150 Indigo, said he is one of the residents who lives along the edge of Rancho Cucamonga Creek, and he is before the City Council to request that the Council represent the people. He stated his concerns about the 70-foot signs, bright flashing lights, crime, pollution, and the loss of our natural areas. He said the City of Upland does not seem to be neighborly and are not receptive to hearing about the needs of the residents of Rancho Cucamonga. Bill McCown, 7944 Appaloosa Ct., who was also at the Planning Commission meeting, stated his concern about the ceding of land to Upland because of the statement made at the previous City Council meeting that with this ceding of land they could pretty much do anything they wanted with it. He said that he and others are becoming upset with Upland's disregard for the quality of life issues that have been brought up in their meetings. He said the problem is one that the City of Rancho Cucamonga has relatively been known for and that is our use of buffer zones between commercial areas and residential areas. He said the only real buffer that has been spoken of has been a shod distance and a perhaps 10-ft high block wall, which many of the residents find inadequate. He asked that the City Council and the Mayor consider the possibility of not ceding the land to Upland if they do not intend to use it as a buffer zone for our local residents. He requested that it be stipulated that the 2.5 acres both above and below the freeway be used as a buffer zone that is subject to critical review by the Planning Depadment of the City of Rancho Cucamonga, the City Council and the residents. Melanie Ingram, 8021 Rosebud St., stated that she agrees with the previous speakers and that the primary recommendation is that the resolution be tabled until the City has had further opportunity to be more educated on some of the issues, particularly water. She said it should include language that might be conditional, even if approved by LAFCO, that unless it is used for the purpose that they intended, and with our approval, that it would not be given to them. She suggested it include language regarding the water issues. She said that area is an important water supply recharge, drainage, flood control area that is currently in litigation between the Colonies Crossroads, Inc. and the County Flood Control District, and Cucamonga Water District is equally concerned. She said concerned citizens held meetings on August 24 and the 25 and spoke about water, traffic, crime, noise, lights, signage, regional trail issues, environmental issues, etc. She said that Upland residents had their own meeting and they shared the same concerns. She stated the Planning Commission meeting was regaled with 4.5 hours of presentations from the contractors, and City Manager Milhiser was overheard saying that the filibuster is working. She asked that the Open Letter be submitted as part of the record that was submitted to the City of Upland. She said that .Jeff Burum, general managing partner for the Colonies, stated, "all I have to do is lay money on the counter, and I get whatever I want." Leslie Grimes, 8052 Rosebud St., stated that piece of property is the only foothold with any kind of conversation with Upland. She stated her feelings about the City of Upland being rude and secretive. She said this project is different than most cities as most communities have their commercial development set right in the middle of their cities so the only people that it really impacts are the people within their own city. She said this is unique as it is actually bordered by two separate cities, including San Antonio Heights, and it should be handled in a unique way. She said the City of Upland did not take care of their commercial areas that they have, and now they want to place the burden of their Iow tax revenue on the backs of Alta Loma residents, San Antonio residents, and some of their very own residents. She said their vision is clouded with desperation for tax revenue and they are not seeing the potential harm that they could cause this area and the citizens of this community. She asked the City Council to represent the people. Ray Harper, 6204 Indigo Avenue, handed to Brad Buller, City Planner, the City of Upland's plan to move their asphalt plant (Holliday Rock). He expressed his main concern regarding signs for car lot (four 85' signs). He also stated his concern that the development brochure states that there will be parking for 5,217 cars, with plans to put six red-light signaled intersections from 19th to Campus. He said there are lot of bargaining chips that we have with the City of Upland to do City Council Minutes September 4, 2002 Page t ! some of the things that protects the neighbors and their property values, and he recommended that the City Council reconsider the gift of the annexation and think about some of the chips that we could deal and negotiate with. He said he has great concerns about 19th Street and is concerned with crime, the overflow traffic, etc. Cary Clark, 7936 Appaloosa Ct., stated he also attended the Upland Planning Commission meeting and stayed until 2:15 a.m. He said it was ridiculous, and asked the City Council, as representatives of the people, to do whatever they can do regarding that land. Stephanie Dill, an Upland resident, stated she too does not like the way that Upland has been treating the people. She said if the Rancho Cucamonga City Council has any strength or influence on how this is going to go, she sure hopes they use it. A recess was taken at 9:24 p.m. The Council reconvened at 9:39 p.m. with all members present Mamia lannone, 8469 18th St., stated concerns regarding the flood control issues in the Cucamonga Basin. She voiced potential concerns regarding water impurity and percolation if commercial development goes in. She said water shortages and exorbitant water rates are inevitable. She said construction of housing, and particularly commemial venues, in the basin not only destroys the desired percolation of water into the underground water table, but also drastically alters previous flood control measures. She said proposed storm drain systems will prove to be inadequate, current construction exacerbates service flood from runoff and even cursory visual inspection of the construction already in progress indicates the likelihood of major flooding in the Cucamonga basin in the future. She thanked the Council for their politeness and for being "user friendly" because that was not seen at the Upland meeting. She said she also did not appreciate the attitude of Dan Richards. Jim Markman, City Attorney, said he is also the City Attorney for Upland and was not at the Planning Commission meeting, however is embarrassed by the way it was conducted. He said the only thing he can say about it in general is that the meeting turned into a developer's presentation rather than what might have been expected, which is input by the public, the developer and the City staff. He wanted the people to know that all their points have been taken to head and that they have been fighting for protective conditions and for a positive project for over two years with this development group. He said regarding the flood control facilities, the project will be conditioned to prevent any flood control damage regardless of the outcome of the lawsuit between the Colonies and the County Flood Control District, of which is really not about flood protection, but about who pays for it. He said regarding water recharge, this is a classic example of the public hearing a developer's presentation; it is not the staff's position that the developer's proposed facilities for recharge necessarily are adequate, and the problem is the developer presented it as if there is no problem. He said the City of Upland staff is never going to recommend a reduction and recharge as pad of this project. He said he hopes when people start going to the hearings in Upland that they will see it is a different process and there is no way to justify what he has heard the process was at the Planning Commission meeting, but it certainly is not going to be the process at the Council meeting. He said everybody is invited and will be given the opportunity to make these presentations, and hopefully people will come with an open mind. He also stated on behalf of his friend, Mike Milhiser, the City Manager of Upland, that he did not make a comment that the filibuster worked. He said that remark was said by a city fire official in reference to the fact that he had an overcrowding problem and the developer's presentation cleared a bunch of people out. He said nobody should leave here thinking that the City Manager of Upland said that and was flippant about the project or lacked concerned with conditioning it correctly or protecting the public interest. Ray Harper stated he is proud of the City of Rancho Cucamonga, as he went to the City Clerk's Office and asked for all the campaign financial records of the Mayor, City Council, and the information was immediately provided. He said he had been trying to get that information for two City Council Minutes September 4, 2002 Page ].2 weeks from the City Clerk's Office of Upland, and has yet to get it. He said that is the difference in what we getting from Upland and what we are getting from Rancho. He mentioned he also had a problem getting records from the Upland Police Department. Jim Markman, City Attorney, said there is no reason why staff would not give that information to him. He said he is surprised to hear that and if he ever has another issue like that, he should contact him. He said Stephanie Rios is not the kind of City Clerk who tries to hold back information that the public is entitled to. Alice Harper, 6204 Indigo Avenue, stated she observed signs in other communities-West Lake Village and Brea--and they do not have big signs advertising commercial areas and properties that are unattractive. She said Upland calls itself the "City of Gracious Living," and these sods of things don't seem to quite fit in with that image that they think they would like to project. She said at one of the meetings, Dan Richards commented that Rancho Cucamonga has wonderful parks and everybody can go over there to take advantage of their parks. Carol Douglas stated that she went to the models in Upland and posed as a potential buyer and inquired about the parks and available facilities in Upland. She said they actually referred her to the City of Rancho Cucamonga Parks & Recreation program that could be used for a small non- resident fee. There being no further responses, public comments were closed. Councilmember Curatalo said she is displeased to hear that all of them were dissatisfied with the results from the City of Upland. She said she does not like the people to be deceived. She said they promised that they would consider our citizens in our City, and she is hoping that they stick to their word. Paul Biane asked on a technical basis if the City of Upland followed the letter of the law. Brad Bullet, City Planner, answered yes, they have received our City's comments and that to our knowledge they have given us adequate notice. He said that that the City of Rancho Cucamonga submitted comments to them in an adequate time for the environmental impact report, and one question he raised at the Planning Commission meeting; however, the City still has not received the comments to our comments. He said, in addition, our City sent a letter regarding the specific plan, which addresses several questions, and, again, that question was asked at the Planning Commission meeting, and there was no response offered. Jim Markman, City Attorney, stated there is a legal requirement that at least Upland City officials are aware of and will enforce and that is you cannot certify an environmental impact report until you have responded to the comments of public entities, giving them ten days to consider your response to comments. He said in his view, this means you can't conclude the hearing until Rancho Cucamonga and Cucamonga County Water District, and any other public entity that commented, has received these responses and had ten days to consider them. He said they are still working on the responses to comments and one of the reasons is that they are still working on this water recharge issue, which will be part of the responses. Paul Biane, Councilmember, asked about the sign heights at Foothill and the 15 Freeway and one that is proposed for the Regional Mall development. Brad Buller, City Planner, guesstimated that the one that currently exists is for Foothill Marketplace and his understanding is that it is about 65 feet in height from the ground level in which the foundation of the sign is, but from the freeway height, it's probably 35 or 45 feet from the height of the freeway grade adjacent to it. He said regarding the proposed pylon sign for the new Regional Mall, there is no definitive height requirement set, as it is still going through the process. In any case, these signs are much further away from any residential areas. City Council Minutes September 4, 2002 Page t3 Kathryn L. Scott, Deputy City Clerk, read into the record a letter received from John D. Mikels, Supervisor, Second District, San Bernardino County, stating his concerns about the City's agenda item requesting approval by the Local Agency Formation Commission to transfer 2.5 acres to the City of Upland to facilitate development of the Colonies Crossroads. This letter is on file in the City Clerk's Office. Bob Dutton, Councilmember, commented that the letter is referring to requesting approval, and he does not see that item on this agenda. He said on this agenda, it is a resolution to start the process; that the City is not requesting approval of anything, and he would like that defined for that record. Diane Williams, Mayor Pro Tern, stated that the resolution is to allow Upland to begin the application to LAFCO. She said she has hea,rd enough new things this evening but is especially concerned about the asphalt batch plant. She said she would not have any problem tabling this particular action because there is so much else going on that getting this through LAFCO probably isn't their biggest problem. She, as a Commissioner of LAFCO, explained that LAFCO has absolutely no say in land use, that the agency has no authority to place conditions; that they only have the authority to grant that the boundary shall from this day forward be here. She said she is embarrassed for the City of Upland because of the way the people were treated, and she hopes that people don't think that every public agency treats their citizens that way. She said she is offended that our City Planner was treated rudely and that his comments were not taken seriously or even entertained as part of the input. She said she is willing to table this until the City can at least have Mr. Buller's comments addressed and establish a better working agreement whereby residents would be heard in a proper and polite manner. Bob Dutton, Councilmember, stated it was his hope that if Rancho Cucamonga tried to be a good neighbor that would give us the ability to influence what would or would not be built there. He stated his concern about the Upland Planning Commission meeting. He said the 2.5 acres that we're talking about is not actually owned by the City of Rancho Cucamonga but owned by the County Flood Control, so if they don't sell it, they can't build anything on it. He said maybe the public could put a little added pressure on Supervisor Mikels to not sell the property. He said in addition to the five items listed, he would like to make the following recommendations as amendments to the proposed resolution if we go forward with the resolution; and, if it is tabled, he would still like the recommendations incorporated into it: 1) "We require that the Specific Plan include language which allows the City of Rancho Cucamonga to participate in the design review of those uses that most impact Rancho Cucamonga that directly border our City boundaries." 2) "To reduce the height of the two freeway pylon signs to 65' that are located east of Campus Avenue, so that the signs are not visible from existing residents of Rancho Cucamonga." Diane Williams, Councilmember, added it would be the entire Board of Supervisors who would make that decision about selling the land, and that might be where the public might address their letter writing. Mayor Alexander stated that he honestly believes that the last time this issue was addressed, that his colleagues had a lot of faith that there was going to be something forthcoming from the City of Upland, that they would live up to a bargain of cooperation and that they would express to our satisfaction that they were going to be good neighbors. He said getting it in writing is important for our community, because we're challenged with the protection of residents of our community and not necessarily the residents of Upland, thought he thinks it's important that we look to the good and well being of Upland as well as Rancho Cucamonga. Paul Biane, Councilmember, stated that tabling this is a reasonable solution as it gives Upland the opportunity to step up or not to, and there is time to do that. Councilmember Curatalo concurred. City Council Minutes September 4, 2002 Page 14 RESOLUTION NO. 02-246 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING AND AUTHORIZING THE CITY OF UPLAND AS LEAD AGENCY FOR AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A SPHERE OF INFLUENCE AMENDMENT AND THE REORGANIZATION OF TERRITORY TO SAID CITY AS MORE SPECIFICALLY DESCRIBED BELOW MOTION: Moved by Alexander, seconded by Williams to table Resolution No. 02-246 until the City of Rancho Cucamonga has written assurances that provide protection, both aesthetically and economically. Motion carried unanimously 5-0. 12. LEGISLATIVE UPDATE (Oral) Diane Williams, Mayor Pro Tem, stated that she and the Mayor are going to Washington D.C. on September 9"h to make one more attempt to remind the legislators that we have projects here that are qualified for their assistance, with the Senior Center paramount. They will be mentioning other projects, such as transpodation projects and the "Rails to Trails" project. Action: Report received and filed. Mayor Alexander reported that on September 11th in New York he would be participating in an event along with law enforcement and fire personnel @ "Ground Zero." Jack Lam, City Manager, reported on the City's planned events for September llth: 6:45 a.m. tribute outside Council Chambers and at 7:30 p.m. an event at the Alta Loma High School auditorium. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:20 p.m. Respectfully submltt~' (~ Deputy City Clerk Approved: October 2, 2002