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Home My WebLink About2006/03/01 - Minutes r March 1, 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 1, 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 7:05 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Craig Fox, Deputy City Attorney; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Sr. Information Systems Specialist; Joe O'Neil, City Engineer; Dan Coleman, Acting City Planner; Larry Henderson, Principal Planner; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Francie Palmer Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Fabian Viilenas, Management Analyst III; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. ****** B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Dave Kiedrowski, owner of Base Line Hardware, for thirty years of service to our community. Mayor Alexander and the City Council presented the Proclamation to Dave Kiedrowski. A power point regarding this recognition was also presented. Mr. Kiedrowski's 80th birthday was also acknowledged by everyone singing "Happy Birthday" to him. B2. Presentation of a Proclamation to Larry T. McNiel in recognition of his service on the Rancho Cucamonga Planning Commission. Mayor Alexander and the City Council presented a Proclamation to Larry McNiel in recognition of his service on the Planning/Historic Preservation Commission. Larry McNiel stated he had been on the Planning Commission since 1982. He stated it was a wonderful experience and hoped he had made a contribution to the City. He thanked the Council for this recognition. B3. Swearing-in of Planning Commissioner Luis Munoz by Mayor Alexander. Mayor Alexander administered the oath of office to Luis Munoz, Jr. Mr. Munoz thanked the Council for this opportunity. ****** A recess was taken at 7:42 pm. The meeting was called back to order at 7:50 p.m. with all Counci'members present. ****** City Council Minutes March 1, 2006 Page 2 ****** II C. PUBLIC COMMUNICATIONS II C1. Jim Townsend, representing the Fire Fighters of Rancho Cucamonga, thanked the Councii for taking action on the Fire Chiefs Strategic Plan last week. He requested the Council place on the agenda for the March 15'h meeting the discussion of the implementation of the strategic plan and funding options. C2. John Lyons, Etiwanda area of the City, stated his heart and prayers go out to the CHP officer that was recently killed. He mentioned Larry McNiel stating he was honest and had a lot of integrity. He mentioned the website www.openhighlandavenue.com. He continued telling about the history of why it was closed. He stated now they are running another campaign to get it opened up. He encouraged people to go to their website and do the electronic survey. He stated they would be going around door to door to get support to open Highland. He also felt it was important to open this for emergency services. C3. Gary Lacy stated he attended the meeting in this chamber last week. He commented on a fireman that spoke at the last meeting and stated fire fighters do not have the most dangerous job as he reported. He also mentioned the number of injury claims filed by firefighters two to three years before they are to retire, which he said was costing the taxpayers. He commented on the amount of money that fire fighters make for only working 10 days per month. He asked that three items be placed on the agenda. They were: #1 He asked that a policy for a personal testament of full disclosure and honesty be given by people speaking at Council meetings; #2 He asked for a discussion of enforcing a more professional decorum at the meetings; and #3 He asked for discussion in order to direct the City Manager to form an independent citizens' committee to review all aspects of public safety. At the conclusion of the review, the committee should report back to the Council through town hall meetings. He stated he agreed with what Mayor Alexander stated last week to let the citizens decide what they will pay for pubiic safety. ****** D. CONSENT CALENDAR D1. Approval of Minutes: February 1, 2006 February 15, 2006 (Special Meeting) February 16, 2006 (Special Meeting) D2. Approval of Warrants, Check Register dated February 8 through February 21, 2006, and Payroll ending February 21,2006, for the total amount of $5,080,478.81. D3. Approval of an appropriation in the amount of $50,000 from Park Development (Fund 120) Fund Balance to Ace!. No. 11203055650/1519120-0 for the Pacific Electric Trail Phase III from Archibald Avenue to Haven Avenue to cover the costs for landscape design services. D4. CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION - DRC2006- 00085 - Han Ma Eum Market - A request to issue a Public Convenience and Necessity determination for a Type 20 off-sale beer and wine license for an Asian food store in the Community Commercial District, located on the southwest corner of Foothill Boulevard and Ramona Avenue at 9849 Foothill Boulevard, Unit M - APN: 0208-301-16 City Council Minutes March 1, 2006 Page 3 RESOLUTION NO. 06-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMIANTION OF PUBLIC CONVENIENCE OR NECESSITY DRC2006-00085 FOR AN ASIAN FOOD STORE IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9849 FOOTHILL BOULEVARD, UNIT M - APN: 0208-301-16 D5. Approval of an Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2005- 00086, located at 9300 Santa Anita Avenue, north of 4th Street, submitted by Trico TCH, LTD. RESOLUTION NO. 06-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2005- 00086 RESOLUTION NO. 06-055 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 LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2005-00086 D6. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 17063, located at 9359 Feron Bouievard, east of Hellman Avenue, submitted by WF Construction, Inc. RESOLUTION NO. 06-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 17063, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONYUMENTATION CASH DEPOSIT RESOLUTION NO. 06-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 17063 D7 Approval of Improvement Agreement and Improvement Securities for Parcel Map 17303, located at the northwest corner of 4th Street and Haven Avenue. RESOLUTION NO. 06-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PARCEL MAP 17303 City Council Minutes March 1, 2006 Page 4 D8. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $98,741.00 to the apparent low bidder, Internationa/ Pavement Solutions (CO 06-016), and authorize the expenditure of a 10% contingency in the amount of $9,874.10 for the ADA 2005/2006 Access Ramp and Drive Approach Improvements at Various Locations, to be funded from Measure I funds, Acct. No. 1176303-5650/1150176-0 and appropriate an additional amount of $20,000 to Acct. No. 1176303-5650/1150176-0 from Measure I fund balance. D9. Approval of a Master Plan Transportation Facility Reimbursement Agreement, SRA-29, (CO 06-017) in conjunction with the development of Tracts 15711-1, 15711-2 and 15711, located on both sides of Miller Avenue between Etiwanda and East Avenues, submitted by Pacific Communities, to be funded from Transportation Reimbursement Acct. No. 1124303-5650/1026124-0. RESOLUTION NO. 06-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR THE RECONSTRUCTION OF BACKBONE PORTIONS (MIDDLE 38 FEET) OF MILLER AND ETIWANDA AVENUES, SRA-29 D10. Approval of extension of an agreement with non-profit for the operation of temporary job center (CO 04-013). D11. Approval of Improvement Agreement Extension for Tract 14759-1, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. RESOLUTION NO. 06-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT. SECURITY FOR TRACT 14759-1 D12. Approval of Improvement Agreement Extension for Tract 14759-2, located east of Wardman Bullock Road and south of Wilson Avenue, submitted by Pulte Homes. RESOLUTION NO. 06-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14759-2 D13. Approval to release Maintenance Guarantee Bond for DRC2003-00302, located on the south side of Arrow Route, west of Hellman Avenue, submitted by West Rock, LLC. D14. Approval to release Maintenance Guarantee Bond for DRC2003-00330, located at the southwest corner of 6th Street and Milliken Avenue, submitted by Silver Oak Development. D15. Approval to release Maintenance Guarantee Bond for Tracts 15727 and 15727-1,2,3, located at the intersection of Fourth Street and the Cucamonga Creek Flood Control Channel bordered by Sixth Street on the north, submitted by Cornerpointe 257/85, LLC. D16. Approval to release Maintenance Guarantee Bond for Tract 16081, located at the southwest corner of Victoria Park Land and Day Creek Boulevard, submitted by Trimark Pacific - Day Creek, LLC. City Council Minutes March 1, 2006 Page 5 017. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Banyan Street Extension, located west of Day Creek Boulevard and east of Rochester Avenue, submitted by Rancho Etiwanda 685, LLC. RESOLUTION NO. 06-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMRPVOEMENTS FOR BANYAN STREET EXTENSION AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D18. Approval to release Faithful Performance Bond No. 08739331 in the amount of $157,325.90 for the Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue, Contract No. 04-168. D19. Approval to accept the FY 2005/06 Local Street Pavement Rehabilitation - Overlay of Various Streets, Contract No. 05-074, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1 ,019,267.84. RESOLUTION NO. 06-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FY 2005/06 LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS, CONTRCT NO. 05-074 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance and Labor and Mate,;al Bonds, and file a Notice of Completion for Citywide Street Name Sign Replacement, Phase 3. RESOLUTION NO. 06-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CITYWIDE STREET NAME SIGN REPLACEMENT, PHASE 3, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Moved by Gutierrez, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. ****** E. CONSENT ORDINANCES E1. CONSIDERATION OF SECOND READING OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS Debra J. Adams, City Clerk, read the title of Ordinance No. 754. ORDINANCE NO. 754 (second 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 City Council Minutes March 1. 2006 Page 6 MOTION: Moved by Michael, seconded by Williams to waive full reading and approve Ordinance No. 754. Motion carried unanimously 5-0. ****** F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF GENERAL PLAN AMENDMENT DRC2004-00269 - LEWIS INVESTMENT COMPANY - A request to change the land use designation from Community Commercial to Medium Residential (8-14 dwelling units per acre) on 9.68 acres on the north side of Foothill Boulevard, east of Etiwanda Avenue. APN: 1100-161-04. Related files: Development Review DRC2004-00268, Development District DRC2004-00270, Tentative Tract Map SUBTT16882. CONSIDERATION OF DEVELOPMENT DISTRICT AMENDMENT DRC2004-00270 - LEWIS INVESTMENT COMPANY - A request to change the zoning designation from Community Commercial to Medium Residential (8-14 dwelling units per acre) within the Foothill Boulevard Districts on 9.68 acres on the north side of Foothill Boulevard, east of Etiwanda Avenue. APN: 1100-161-04. Related files: Development Review DRC2004-00268, General Plan Amendment DRC2004-00269, Tentative Tract Map SUBTT16882. A staff report was presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Mark Thomas, William Lyon Homes, stated he is here to answer any questions the Council might have, There being no further comments, the public hearing was closed. RESOLUTION NO. 06-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. . CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00269, AMENDING THE GENERAL PLAN LAND USE MAP FROM GENERAL COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR 9.68 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-161-04 MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 06-065. Motion carried unanimously'5-0 Debra J. Adams, City Clerk, read the title of Ordinance No. 755. ORDINANCE NO. 755 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00270, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM COMMUNITY COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) WITHIN THE FOOTHILL BOULEVARD DISTRICTS FOR 9.68 ACRES, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD EAST OF ETIWANDA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-161-04 City Council Minutes March 1, 2006 Page 7 MOTION: Moved by Williams, seconded by Michael to waive full reading and set second reading of Ordinance No. 755 for the March 15, 2006 meeting. Motion carried unanimously 5-0. ****** G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING REGULATIONS APPLICABLE TO THE ISSUANCE OF MASSAGE PERMITS. BRINGING CITY ORDINANCE INTO COMPLIANCE WITH NEW STATE LEGISLATION A staff report was presented by Fabian Villenas, Management Analyst III. Councilmember Gutierrez asked how we know if a person is a sex offender. Fabian Villenas, Management Analyst III, stated there is a background check done on them. Jack Lam, City Manager, added these are required to be done. 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. 756. ORDINANCE NO. 756 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING REGULATIONS APPLICABLE TO THE ISSUANCE'OF MASSAGE PERMITS MOTION: Moved by Gutierrez, seconded by Williams to waive full reading of Ordinance No. 756 and set second reading for the March 15, 2006 meeting. Motion carried unanimously 5-0. _ ****** II H. CITY MANAGER'S STAFF REpORTS II H1. UPDATE ON 210 FREEWAY LANDSCAPING A staff report was presented by Joe O'Neil, City Engineer. Council member Michael asked if there would be a substantial number of trees planted. Joe O'Neil, City Engineer, stated yes and that they would be big enough to make a statement. Councilmember Gutierrez stated he appreciated Mr. O'Neil's letter to Caltrans to study this. ACTION: Report received and filed H2. UPDATE REGARDING AEROBATIC/STUNT PLANES IN THE NORTHERN FOOTHILLS OF THE CITY (Oral Report) Kimberly Thomas, Management Analyst III, stated this area has been noted as a stunt pilot area of the City. She stated the City and Congressman Dreier's office have been working on this with the FAA. She stated people can call 951-276-6701 if they have any questions or concerns. City Council Minutes March 1, 2006 Page 8 Councilmember Gutierrez stated residents are concerned about this because of all of the development where they are flyin,g. He reported of an accident in another state where a small plane was doing stunts. He stated his concern was for the people living in this area and that he looks forward to looking at the new maps that have been made. Mayor Alexander stated this has been a problem for many, many years. He stated we can only do what we can do legally. Council member Michael hoped the staff will continue to work with the residents' and do as much as we can to hopefully eliminate the flying altogether over this area. ACTION: Report received and filed. ****** I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Counciimember Michael stated he would like to call everyone's attention to the Grapevine which talks about all the wonderful programs the City offers. He thanked the staff for the great job they do. Councilmember Williams stated anyone that does not get a Grapevine that wants one can call Community Services to get it. She added it is a great resource document. She commented on the Frito Lay Plant's ceremony recently held to acknowledge an award given to them by CAL OSHA for meeting certain criteria. She stated this was called the STAR Award and they have a flag flying at their facility regarding this. She stated it is a tribute to their employees on their accomplishment. Councilmember Spagnolo stated badge No. 14664 is for CHP Officer Bailey who lost his life Feb. 25th He asked people to say a prayer for public safety personnel. Council member Gutierrez stated his pet peeve right now is people speeding on City streets. He stated that by slowing down can prevent a lot of heartache. He encouraged people to slow down and respect each other. He stated he is proud to be part of this City and that it is a great City. 12. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated the City is sending letters to our legislators requesting continued support of CDBG funds. She stated President Bush is proposing to cut CDBG funding by $1 million, which is a great concern to the State and all cities. She added this may potentially eliminate funding for hundreds of local programs that improve the quality of life for families and communities throughout California in 2007. ****** J. IDENTIFICATION OF ITEMS FOR NEXT MEETING I - Item J1. Council member Gutierrez stated he would like Mr. Lacy's ideas to be agendized as soon as possible. Item J2. Mayor Alexander stated he would like an update on where we are with expanding the senior work out area at Central Park. Cdy Council Minutes March 1, 2006 Page 9 • K. ADJOURNiVIENT MOTION Moved by Michael, seconded by Williams to adtourn in the memory of CHP Officer John Bailey Motion carried unanimously 5-0 The meeting adtourned at 8 33 p m R pectfully bmitted, c~Y ~~ Debra J Adams, CMC City Clerk • Approved April 5, 2006 •