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HomeMy WebLinkAbout2006/02/15 - Minutes February 15, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, February 15, 2006, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:55 p.m. by Mayor William J. Alexander Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnoio, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pameia Easter, Deputy City Manager; James Markman, City Attorney; and Joe O'Neil, City Engineer. '" '" '" '" '" '" B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session items: B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED EAST OF ETIWANDA, NORTH OF BASE LINE; JAMES BANKS AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY - 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 6:00 p.m. ****** E. CITY MANAGER ANNOUNCEMENTS AND REpORTS * * * '" * * II F. RECESS II The closed session adjourned at 6:44 p.m. with no action taken. '" '" '" '" '" '" City Council Minutes February 15, 2006 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 15, 2006, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:06 p.m. Present wereCouncilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; Lynda Thompson, Assistant RDA Analyst: Larry Temple, Administrative Services Director; Lorraine Phong, Sr. Information Systems Analyst; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Dan Coleman, Acting City Planner; Mike Diaz, Sr. Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Paula Pachon, Management Analyst III; Captain Pete Ortiz, Deputy Greg Hill and Deputy Daniel King; Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * .,. .,. * * * II B. ANNOUNCEMENTSIPRESENT A nONS ~I B1. Presentation regarding Child Passenger Safety Week, February 12 - 18, 2006. Tom Hernandez, Health Education Specialist 1, Child and Family Health Services, County of San Bernardino, talked about Child Passenger Safety Week and its importance. He stated there would be an event at Barnes and Noble where they will be talking about child passenger safety, He stated the fire department will also be there. He stated they will be reading to kids and encouraged everyone to attend this event. He informed people they could call 800-722-3578 to get additional information. B2. Presentation of information by Deputies Hill and King regarding the 5th Annual Ron Ives Bicycle Safety Rodeo to be held on April 22, 2006. Deputy Greg Hill talked about the Bicycle Rodeo event. He stated Pulte Homes would also be supporting this event and stated they would donate $10,000 to go towards bicycles and helmets. He stated Quakes Baseball, Applebees, Chick Fil-A, Cold Stone and KISS FM are also supporting them. B3. Mayor Alexander stated earlier this evening interviews were conducted for a Planning Commissioner, and that eight people were interviewed. He stated Luis Munoz, Jr. was unanimously selected to serve on the Planning Commission. ****** City Council Minutes February 15, 2006 Page 3 II C. PUBLIC COMMUNICATIONS I] C1. John lyons, Etiwanda area, stated he has a new hat with the words "Open Highland" on it. He reminded everyone with child safety seats to place them in the back seat and not the front. He stated they have a new website called openhighlandavenue.com. He felt it was important for the kids to have an alternate route to drive across the City without having to go on the freeway. He felt by opening Highland would be a good way to improve response times. He stated they would encourage students to support this and speak to the City Council about opening Highland. He stated they will keep pursuing this through flyers and talking to people in the community. C2. Albert Lipsey, 11818 Asti Drive, stated he is one of the people involved in the class action suite involving the sound wall for the 210 Freeway. He felt it is now necessary to plea for another wall that will save lives between Milliken and Day Creek on Highland. He talked about an accident that had occurred in this area. He displayed pictures for the Council to see. C3. Jason White, Etiwanda area, thanked the Council for doing a great job in the City except for emergency response times. He mentioned the Fire Strategic Plan meeting to take place next Thursday, February 23rd. He hoped the Council would approve to start building another fire station. He felt this meeting should be shown on the cable channel so more people can see it. C4. Bill McCliman stated he wanted to talk about the kids in our community. He talked about a newspaper article regarding a 12-year old child being charged with an assault while playing dodge ball. He felt there should be a better way to handle this. He mentioned his son who is in special education and has always been behind. He stated his son wanted to get involved in Little league and tried out in Citrus Little league, but was told his son could not be on the team. He felt this has limited his son's opportunity to be with his friends and compete with them. He stated he would like to find out from the Council if they are going against the Fair Disabilities Act. He felt his son should be allowed to play in the minors instead of the majors because of his disability. He wished the Council would do something to protect kids with disabilities. * * *." ." ." II D. CONSENT CALENDAR II D1. Approval of Minutes: January 10, 2006 (Special Meeting) January 17, 2006 (Special Meeting) January 18, 2006 D2. Approval of Check Register dated 1/25/06 through 2/7/06 and Payroll ending 2/7/06, for the total amount of $3,312,636.86. D3. Approve to receive and file current Investment Schedule as of January 31, 2006. D4. Approval of a Public Convenience of Necessity Determination - DRC2006-0061 - Golf Etc. of Rancho Cucamonga - A request for a Public Convenience of Necessity determination for a Type 20 Off- Sale Beer and Wine license for a golf store in the Mixed Use District, located on the southwest corner of Foothill Boulevard and Haven Avenue - APN: 0208-331-45. REMOVED FOR DISCUSSION BY COUNCllMEMBER WilliAMS. City Council Minutes February 15, 2006 Page 4 RESOLUTION NO. 06-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20-0FF-SALE BEER AND WINE LICENSE FOR A GOLF STORE IN THE MIXED-USE DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE - APN: 0208-331-45 D5. Approval of a Public Convenience of Necessity Determination - DRC2006-0062 - Thrifty Payless, Inc. (Rite Aid) - A request for a Public Convenience of Necessity determination for a Type 20 Off-Sale Beer and Wine license for a drug store in the Neighborhood Commercial District, located at the southeast corner of Base Line Road and Milliken Avenue - APN: 0227-182-15. RESOLUTION NO. 06-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A DRUG STORE IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED ON THE SOUTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE -APN: 0227-182-15 D6. Approval to appropriate $30,000 received from BCA Development into Account Nos. 1617000-4802 (Revenue) and 1617303-5300 (Expenditure - Contract Services) to pay for consultants costs in the formation of Community Facilities District 2004-01 (Rancho Etiwanda Estates). The Developer will be reimbursed from bond proceeds after the District is formed. D7 Approval of a contract to provide and install a telephone switch and telephone system at Victoria Gardens Cultural Center with NEC Unified Solutions, Inc., utilizing a competitively bid, County of Merced Fast Open Contracts Utilization Service (FOCUS). Contract No. 2004252, the total amount of $125,345, and authorize the expenditure of a 10% contingency of $12,535, to be funded by the 2001 Tax Allocation Bond Fund (Fund 650) and the Public Library Bond Act Fund (Fund 310), and authorize the related appropriations into the appropriate account numbers to be determined by staff. D8. Approval of a single source vendor selection with Yamada Enterprises of Pomona, California, Territorial Distributor for Kingsley Library Products, for the purchase of seven (7) book drops to be located at Archibald and Victoria Gardens Libraries at a cost not to exceed $37,713; and to appropriate $7,670 from the 2001 Tax Allocation Bond Fund balance into Account No. 2650801-5603/1357-6322 and $14,300 of State Library Grant Funds into Account No. 1310602-5603/1357310-6314 for the purchase of four (4) of the book drops for the Victoria Gardens Library. The remaining funding of $15,743 for three (3) of the book drops for the Archibald Library was previously appropriated into Account No. 2630801-5603 through a budget transfer. D9. Approval of a budget appropriation for the Armed Services Banner Sponsorship Program in amount not to exceed $8,500 to Account 1001000-4901 (Revenue) and Account 1001001-5300 (Expenditure). Dl0. Approval of Parks, Recreation Facilities and Community Services Update. Dll. Approval of a request from the Christian Okoye Foundation for a waiver of Rental Fees for a Free Youth Football/Soccer Clinic at the Rancho Cucamonga Epicenter and Adult Sports Complex on March 26, 2006. City Council Minutes February 15, 2006 Page 5 D12. Approval to award a contract to GIM Business Interiors (CO 06-009 1 RA 06-007) of Riverside, California, to provide and install systems furniture, freestanding furniture and casework at the Victoria Gardens Cultural Center, utilizing a current competitively bid contract by the County of San Bernardino, in the total amount of $462,649.32, plus 10% contingency of $46,264.93, to be funded by the 2001 Tax Allocation Bond Fund (Fund 650) and the Public Library Bond Act Fund (Fund 310), and authorize the related appropriations into the appropriate account numbers to be determined by staff. D13. Approval to purchase sixteen (16) miscellaneous Ford vehicles from various vendors as follows: One (1) from Fairview Ford in the amount of $28,562.08 (Ace. No. 1712001-5604); one (1) from Fairway Ford in the amount of $34,732.92 (Acct. No. 1712001-5604); Eleven (11) from Fritts Ford in the amount of $238,249.72 (Acct. Nos. 1712001-5604 - $173,449.46; 1705303-5604 - $16,291.14; 1131303-5604 - $6,246.14; 1137303-5604 - $12,127.28; 1139303-5604 - $24,254.56; and 1140303-5604 - $5,881.14); two (2) from Raceway Ford in the amount of $49,007.64 (Acct. No. 1712001-5604); and one (1) from Sunrise Ford in the amount of $29,951.38 (Acct. No. 1712001-5604). D14. Approval for the purchase of a telephone switch and network upgrade from NEC, Inc., utilizing a Merced County Fast Open Contracts Utilization Service (FOCUS), Contract No. 2004252, in the amount of $102,200; and authorization for the expenditure of a 10% contingency in the amount of $10,220; and authorization to appropriate $112,420 from the Equipment Replacement Fund into Acct. No. 1712001- 5603. D15. Approval of a Resolution certifying the approval of an application for the SB 1346 Rubberized Asphalt Concrete Grant Program offered by the California Integrated Waste Management Board. RESOLUTION NO. 06-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR THE SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT PROGRAM D16. Approval of Annual Support Agreement with Accela, Inc., for the support period May 2006 - May 2007 in the amount of $34,615.31 from Account NO.1 001219-5300 for Fiscal Year 2005/06 and approve an option to renew, upon mutual consent, a Yearly Support Agreement for an additional two (2) years, with subsequent years costs not-to-exceed $39,807 (15% increase) and the following year costs not-to- exceed $43,788 (10% increase). D17. Approval of a Settlement Agreement (CO 06-0091 RA 06-006) with Douglas E. Barnhart, Inc., and release of retention for the Central Park Senior Center and Community Center Project. REMOVED FOR DISCUSSION BY JAMES MARKMAN, CITY ATTORNEY. D18. Approval of Covenant and Agreement (CO 06-010) to hold property as one parcel by and among the Hileman Company, LLC, and the City of Rancho Cucamonga, regarding development of the northwest corner of 4th Street and Haven Avenue; no City funds required. 019. Approval to award and execute a Professional Services Agreement (CO 06-011) to Withers Sandgren, for the preparation of plans, specifications and cost estimates for landscape improvements of the MWO Parkway at the southeast corner of Bluegrass Avenue and Wilson Avenue in the amount of $47,732.00, plus a 10% contingency in the amount of $4,770.00, to be funded from the Transportation Fund and authorize an appropriation of $65,000.00 (base amount of $47,732.00, a 10% contingency of $4,770.00 and costs for support services) into Account No. 1124303-5654/4398124-0. 020. Approval to authorize the advertising of the 'Notice Inviting Bids" for the construction of Archibald Avenue Pavement Rehabilitation from 19th Street to Banyan Street to be funded from Account No. 1176303-5650/1516176-0 (Measure "I" Funds). City Council Minutes February 15, 2006 Page 6 RESOLUTION NO. 06-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM 19TH STREET TO BANYAN STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D21. Approval to reject all the bids received for the Highland Avenue Linear Park Wall as non-responsive to the needs of the City. D22. Approval to accept improvements, release the Faithful Performance Bonds, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16116, located at the southwest corner of Banyan Street and East Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 06-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16116 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Phase I and Phase II Street and Storm Drain Improvements for Rancho Etiwanda, located on both sides of Day Creek Boulevard north of the 210 Freeway, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 06-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PHASE I AND PHASE II STREET AND STORM DRAIN IMPROVEMENTS FOR RANCHO ETIWANDA AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR PHASE I AND PHASE II STREET AND STORM DRAIN IMPROVEMENTS D24. Approval to accept improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for Rancho Etiwanda Revised University Project Storm Drain Infrastructure (Wilson Avenue Storm Drain Line A-1), located on both sides of Day Creek Boulevard from the 210 Freeway to 600 feet north of Wilson Avenue, between Day Creek Channel and Bluegrass Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 06-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO ETIWANDA REVISED UNIVERSITY PROJECT STORM DRAIN INFRASTRUCTURE (WILSON AVENUE STORM DRAIN LINE A-1) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes February 15, 2006 Page 7 D25. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for Rancho Etiwanda (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. 06-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO ETIWANDA (WILSON AVENUE STORM DRAIN LINES "C" AND "E") AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D26. Approval to accept the Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Rancho Etiwanda Revised University Project (John L. Golden Elementary (formerly University Elementary) School Frontage Improvement) located at the northwest corner of Banyan (formerly Summit) and Blue Grass (formerly Hanley) Avenues, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 06-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RANCHO ETIWANDA REVISED UNIVERSITY PROJECT (JOHN L. GOLDEN ELEMENTARY, FORMERLY UNIVERSITY ELEMENTARY, SCHOOL FRONTAGE IMPROVEMENTS) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D27. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 9674 Highland Avenue located on the north side of Highland Avenue west of Archibald Avenue, submitted by Manuel L. Secas, Jr. RESOLUTION NO. 06-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 9674 HIGHLAND AVENUE (APN: 1062-571-44) D28. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 9478 Valley View Street located on the north side of Valley View Street, west of Amethyst Street, submitted by Claudine McClintock. RESOLUTION NO. 06-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.1 AND STREET LIGHTING MAINTENACE DISTRICT NOS. 1 AND 2 FOR 9478 VALLEY VIEW STREET (APN: 1061-391-02) City Council Minutes February 15, 2006 Page 8 029. Approval of the Annexation of Landscape Maintenance District Nos. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 5984 Sacramento Avenue located on the west side of Sacramento Avenue north of Banyan submitted by Stephen A. and Carol Y. Biroczky. RESOLUTION NO. 06-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 5984 SACRAMENTO AVENUE (APN: 1062-201-14) 030. Approval to accept the Foothill Boulevard Storm Drain Improvement and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue, Contract No. 05-059 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1,097,715.05. RESOLUTION NO. 06-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM RAMONA AVENUE TO HERMOSA AVENUE, CONTRACT NO. 05-059 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 031. Approval to release the Maintenance Guarantee Bond No. 0390288 in the amount of $42,244.20, for the 2004/2005 Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, Contract No. 04- 076. 032. Approval to release the Faithful Performance Bond No. 72BCSCY6961 in the amount of $186,746.11, for the Carnelian Street Landscape Improvements from Vivero Street to 1000' south of Vivero Street, Contract No. 04-066. 033. Approval of Improvement Agreement and Improvement Security for DRC2005-00228, located on the north side of Church Street and west of Malaga Drive submitted by LGC Homecoming at Terra Vista, LLC. RESOLUTION NO. 06-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-00228 034. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC 2004-01057, located on 5347 Carnelian Street, north of Hillside Road, submitted by Jim Impastato. RESOLUTION NO. 06-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2004- 01057 City Council Minutes February 15, 2006 Page 9 RESOLUTION NO. 06-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2004-01057 035. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No.7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract No. 14759 located at Wardman Bullock Road and Wilson Avenue submitted by Pulte Homes - APN: 226- 102-17. RESOLUTION NO. 06-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TENTATIVE TRACT 14759 RESOLUTION NO. 06-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP NO. 14759 MOTION: Moved by Michael, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of Items 04 and 017. Motion carried unanimously 5-0. DISCUSSION OF ITEM D4. Approval of a Public Convenience of Necessity Determination - DRC2006-0061 - Golf Etc. of Rancho Cucamonga - A request for a Public Convenience of Necessity determination for a Type 20 Off-Sale Beer and Wine license for a golf store in the Mixed Use District, located on the southwest corner of Foothill Boulevard and Haven Avenue - APN: 0208-331-45. Councilmember Williams asked Dan Coleman, Acting City Planner, why a golf store wants to sell beer and wine. She stated her concern is how many residents live in the units nearby. Dan Coleman, Acting City Planner, stated approximately 300. Councilmember Williams felt one of the nearby neighbors might think of this as a convenience store. She stated if this is granted she did not think they would be selling bread and cookies as most convenience stores do. She stated her concern is could another convenience store come in close by that would have all of the convenience items. Dan Coleman, Acting City Planner, stated this would not deny another convenience store from coming in. He stated the Alcoholic Beverage Control Board has established a moratorium in the entire County of San Bernardino on licenses like this, and now require a public convenience and necessary determination by the local agency. Council member Williams stated she hoped we do not stop a good business opportunity for the future by approving this. Councilmember Michael asked that since anybody that wants to apply for a liquor license, and each City has to make a finding of need and necessary, did the City Planner feel we need to address this further City Council Minutes February 15, 2006 Page 10 from a stand point of policy setting that we have guidelines for staff to make this type of determination. He feit if there isn't the policy guidelines from Council, anybody could apply and there could be four or five of them right in a row which would not be a good situation. Dan Coleman, Acting City Planner, stated staff does agree that because of this new ruling, they need policy direction to guide them in the future, because we currently have no policy to make that determination. Councilmember felt we need to do this soon. MOTION: Moved by Williams, seconded by Michael to approve item D4. Motion carried unanimously 5-0 and directed staff to develop a policy for the Council to consider. DISCUSSION OF ITEM 017. Approval of a Selllement Agreement (CO 06-009 I RA 06-006) with Douglas E. Barnhart, Inc., and release of retention for the Central Park Senior Center and Community Center Project James Markman, City Attorney, stated Item D17 is a Settlement Agreement, which is not quite done yet. He requested the Council approve it pending the finai review and approval by his office. MOTION: Moved by Williams, seconded by Michael to approve item D17. Motion carried unanimously 5- O. .,.. .,.. .,.. .,.. .,.. * E. CONSENT ORDINANCES No items submitted. * * * * * * F. ADVERTISED PuBLIC HEARINGS F1. CONSIDERATION OF 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 A staff report was presented by Mike TenEyck, Administrative Resource Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 06-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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 MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. 06-051. Motion carried unanimously 5-0. City Council Minutes February 15, 2006 Page 11 * * * '* * * II G. PuBLIC HEARINGS II G1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS A staff report was presented by Jon Gillespie, Traffic Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 754 ORDINANCE NO. 754 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 754 for March 1, 2006. Motion carried unanimously 5-0. '* * * * * * II H. CITY MANAGER'S STAFF REpORTS II No items submitted. ****** I. COUNCIL BUSINESS ITEM 12 WAS CONSIDERED AT THIS TIME. THE MINUTES WILL REMAIN IN AGENDA ORDER. 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Gutierrez stated he was aware of the accident that was spoken about earlier by Albert Lipsey and knows of his concerns. He felt this is a safety issue and there should be a wall there for more protection. He asked for an update at the next meeting on the airplanes that are flying over the Deer Creek area on Sunday mornings. He also felt people need to slow down while they drive. Councilmember Spagnolo stated he also has concerns about the sound wall. He felt Council should be made aware of the type of accidents that was mentioned so there are no surprises. He hoped this information could be shared with Caltrans so they are aware of the Council's concerns of there being no wall in place there. He felt a reporting about these types of issues was very important. Councilmember Michael stated Caltrans has been reluctant in doing anything with sound walls along the 210 Freeway, other than what they did during construction. He asked if Joe O'Neil, City Engineer, could City Council Minutes February 15, 2006 Page 12 talk to them about the guardrail concept for more protection for the neighbors. He stated he would like for Kevin McArdle, Community Services Director, to have a conversation with Citrus Littie League about Bill McCliman's comments previously made. He stated there is an important meeting to occur on Thursday, February 23 at 5:00 p.m. in this Chamber to consider funding options for the Fire Strategic Plan and invited the public to attend. Councilmember Williams stated last week she attended a round table discussion regarding health insurance for families that cannot afford to pay for it. She stated there is affordable insurance available and that Mary Rocha can assist people with getting this at a very low rate. She asked people to call the City's Community Services Department for her number. Mayor Alexander referred to the photos shown about the accident off of the freeway. He asked that at the next meeting there be an update on how soon we can start get landscaping or a dense tree program in this area which may help with safety issues along the freeway. 12. CONSIDERATION OF RESOLUTIONS UPHOLDING THE APPEAL OF PLANNING COMMISSION DECISION AND AMENDING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 94- 01 AND ENTERTAINMENT PERMIT 91-03 FOR MARGARITA BEACH. LOCATED AT 9950 FOOTHILL BOULEVARD - APN: 1077-621-34 The Mayor recused himself and left the Chambers at 7:57 p.m. A staff report was presented by Dan Coleman, Acting City Planner. James Markman, City Attorney, stated the attached Resolution has been prepared by his office and reflects the imposition of every condition suggested or requested to control this business, except hours of operation and the relationship between the income generated by food and alcohol. He stated other than that, everything is included and some that wasn't there at the Planning Commission level. He stated this is what they felt was the Council's direction at the last meeting. Councilmember Spagnolo stated in looking at this Resolution he tried to reflect back what the mindset was of the Council and Planning Commission when they gave this CUP to Skippers. He stated at that time they were dealing with a restaurant that wanted to expand to include alcohol and entertainment, and to also include expanding their hours of operation. He stated since that restaurant was sold, it never operated as a restaurant. He felt the Planning Commission tried to rectify that decision that they made some years ago. He stated when you look at this Resolution and all of the requirements that are in there, they are protecting the community from a business that shouldn't be in the location that it is in. He stated allowing it to operate until 2:00 a.m. and lifting the restrictions about the sale of food is not even a concern anymore. He stated it is a bar and that it is not a restaurant and doesn't belong in that community. He stated he stands by the decision he made at the last meeting that Margarita Beach needs to be moved to a different location where you don't have to protect it from the people in this community. Councilmember Michael stated he didn't disagree with some of the things Councilmember Spagnolo mentioned. He stated this is very controversial that has been going on for over a year. He stated his hope is that these conditions will create a situation where the neighborhood and business can co-exist successfully. He stated if not, the Council is ready to deal with those issues that could come before them again. He felt Margarita Beach should have the opportunity to gain compliance with the CUP and not put them out of business. MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. 06-032. Councilmember Michael withdrew his motion so there could be public comments. Mayor Pro Tem Williams opened the meeting for public comments. Addressing the City Council were: Jim Reese, Counsel for Margarita Beach, stated what they looked at was condition 19 on page 2, subsection D of the Resolution, and the capacity percentage was actually 75% instead of 50% City Council Minutes February 15, 2006 Page 13 that is listed. He stated this is because they didn't want additional personnel walking around making it look like it is "more busy" than it was. He stated they suggest this go back to 75% because that is what it was originally. He stated on item 24 of page 3 of the Resolution they want to make sure it is acceptable with the residents that they are in agreement with people walking around their neighborhoods during these trash collection pick-ups. He stated with regard to item 26 and item 28, they asked if these shouid be implemented right now, or be looked at in 90 days to see if they are needed. He stated for item 27 they need to get the landowner's approval to put speed bumps in the back alley. He said they have no problems doing this, but want to make sure the landowner approves this. He stated again on the next page it talks about capacity again and that this should be 75%. He added all of these are minor items to be considered and pointed out they did not get to work with staff on the Resolution. Councilmember Michael asked if they can live with this since this will go back to the Planning Commission in 90 days anyway for review. James Markman, City Attorney, stated these conditions are exactly as they have been stated for months now. He felt the Council should go with this, and if the neighbors don't like something, they can go to the Planning Commission and modify the conditions at that point. Mr. Reese stated they were hoping to be able to fine tune this with Council and staff. He also asked that at the 90-day review period there be a caveat so that if the residents or the proprietor have an issue concerning something, this be allowed to be discussed so it can be modified to make it fit. James Markman, City Attorney, stated they have 60 days before the review, and if the landlord has a problem with some of the improvements required of Margarita Beach, the City would be happy to talk to him. RESOLUTION NO. 06-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUSTAINING AND MODIFYING THE DECISIONS OF THE PLANNING COMMISSION REFLECTED IN ITS RESOLUTION NOS. 05-50 AND 05-51, FOllOWING APPEALS BY MARGARITA BEACH, LOCATED AT 9950 FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Michael, seconded by Gutierrez to approve Resolution No. 06-052. Motion carried 3-1-0-1 (Spagnolo voted no, Alexander abstained). ******** Mayor Alexander returned to the meeting at 8:10p.m. ******** * * * * * * II J. IDENTIFICATION OF ITEMS FOR NEXT MEETING II No items were identified for the next meeting. * .,. * * * * City Council Minutes February 15, 2006 Page 14 K. ADJOURNMENT MOTION: Moved by Williams, seconded by Michael to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:20 p.m. ms, CMC Approved: March 15, 2006