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HomeMy WebLinkAbout2006/05/03 - MinutesMay 3, 2006 • CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 3, 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 30 p m by Mayor William J Alexander Present were Councilmembers Rex Gutierrez, L Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J Alexander Also present were Jack Lam, City Manager, Pamela Easter, Deputy City Manager, James Markman, City Attorney, and Linda D Daniels, Redevelopment Director B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session items B1 CONFERENCE W ITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956 8 FOR PROPERTY GENERALLY LOCATED AT THE 14 ACRE REGINA WINERY SITE AT 12467 BASE • LINE ROAD - LINDA D DANIELS, RDA DIRECTOR, NETOTIATIONG PARTY -RDA and CITY (Related file, Development Agreement and Master Plan - DRC 2005-00361) - APN 227-161-10 and 1089-581-04 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item n U D. CONDUCT OF CLOSED SESSION Closed session began at 5 35 p m E. CITY MANAGER ANNOUNCEMENTS AND REPORTS F. RECESS The closed session adjourned at 6 20 p m with no action taken City Council Minutes May 3, 2006 Page 2 .,.... • CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 3, 2006, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California Mayor W illiam J Alexander called the meeting to order at 7 02 p m Present were Councilmembers Rex Gutierrez, L Dennis Michael, Sam Spagnolo, Diane Williams and Mayor W illiam J Alexander Also present were Jack Lam, City Manager, James Markman, City Attorney, Linda D Daniels, Redevelopment Director, James C Frost, City Treasurer, Lorraine Phong, Sr Information Systems Analyst, Mike Toy, Information Systems Specalist, Joe O'Neil, City Engineer, Jon Gillespie, Traffic Engineer, Dan Coleman, Acting City Planner, Mike Diaz, Sr Planner, Kevin McArdle, Community Services Director, Dave Moore, Community Services Superintendent, Nettie Nielsen, Community Services Superintendent, Paula Pachon, Management Analyst III, Michelle Dazalla, Community Services Coordinator, Robert Karatsu, Library Services Manager, Michelle Perera, Library Services Manager, Lieutenant Scott Mesa, Rancho Cucamonga Police Department, Chief Peter Bryan and Deputy Chief Mike Bell, Rancho Cucamonga Fire Protection District, Jen Woodard, Animal Services Manager, Kimberly Thomas, Management Analyst III, Fabian Villenas, Management Analyst III, Shirr'I Griffin, Office Specialist II -City Clerk's Office, Kathy Scott, Deputy City Clerk, and Debra J Adams, City Clerk B. ANNOUNCEMENTS/PRESENTATIONS 61 Informational presentation by the Fire Safe Council regarding Wildfire Awareness Deputy Chief Mike Bell introduced Dennis Cisneros and Jeff Grover from the Fire Safe Council They wanted to inform everyone about Wildfire Awareness Week and the importance of everyone doing their part to keep our families and the community safe He gave a power point presentation which is on file in the City Clerk's office B2 Presentation of a Proclamation to the City of Rancho Cucamonga Animal Care and Services Department in recognition of "Be Kind to Animals Week," May 7-13, 2006 Mayor Alexander and the City Council presented the Proclamation to Pam Easter, Deputy City Manager, and Jen Woodard, Animal Shelter Manager Pam Easter, Deputy City Manager, stated today was the first day as a City Shelter and invited everyone to stop by Jen Woodard, Animal Shelter Manager, stated they had a very successful first day She stated she is • very excited to be at the Rancho Cucamonga Shelter City Council Minutes May 3, 2006 Page 3 • 63 Presentation of a Proclamation to the American Brotherhood Aimed Toward Education (ABATE) in recognition of "Motorcycle Awareness Month," May 2006 • Jim Frost, City Treasurer, stated he is representing ABATE He stated they are encouraging motorcycle awareness and stated he would forward the Proclamation to them Mayor Alexander and the City Council presented the Proclamation to Jim Frost Jim Frost talked about the run for the wall event that will occur in a couple weeks He stated this is a ride to the Viet Nam Wall Memorial to recognize the POW and MIA's from the Viet Nam War B4 Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce in recognition of "Business Appreciation Week," May 8-12, 2006 Mayor Alexander and the City Council presented the Proclamation to Rich Fletcher, Chamber Chairman of the Board and Norm McKenzie, President and CEO Rich Fletcher talked about the growth in the membership of the Chamber and thanked the City Council for the presentation and recognition B5 Presentation of Certificates to the City of Rancho Cucamonga Jazz Youth Basketball team, Division C, in recognition of winning the SCMAF (Southern California Municipal Athletic Federation) Tournament of Champions for the Inland Valley Mayor Alexander and the City Council, along with Head Coach Jason Lammey and Assistant Coach Keith Williams, presented Certificates to the team members C. PUBLIC COMMUNICATIONS C1 John Lyons from the Etiwanda area of the City, asked that item 11 be opened for public input He stated he was at the special meeting on Monday night regarding the Fire issues He stated he would like to see how the funds for Fire and Police Strategic plans match up, and see if there is enough money to support these plans He stated he would like to see the City develop tax base to support these emergency services He stated his heart goes out to the Nelson family for their loss C2 Ruben Campos, construction liaison with Caltrans, wanted to inform the Council about their upcoming protect on I-15 Freeway from Sierra Avenue in Fontana through Devore to south of Cleghorn Road in the Caton Pass He stated they will do a rapid rehab program that will take place in the summer 2006 He stated they are asking the public to plan their travel accordingly and that the information about this will be on their website He stated there will be press releases and fast fax information to inform the public C3 Nicole Myerchin stated it was brought to her attention that the City will retain two employees from County Animal Control Services and found this disturbing She felt the City should contact the rescue groups to get a better feel for some of the people hired that may have an old school mentality She felt some people will not volunteer because of the County employees that were hired She felt this should be made part of the hiring policy She thanked the Mayor for coming out to the Beryl overpass with her, and pointed out she felt this was unsafe She asked Councilmember Williams to check into this with SANBAG and try to make this overpass safer • Councilmember Michael asked Jack Lam, City Manager, to outline our procedures for hiring staff Mayor Alexander felt this should be directed to the City Manager and report back at a later date City Council Minutes May 3, 2006 Page 4 D. CONSENT CALENDAR D1 Approval of Minutes April 5, 2006 D2 Approval of Check Register dated April 12 through April 25, 2006, and Payroll ending April 25, 2006, for the total amount of $4,398,231 79 D3 Approval to authorize the advertising of the "Notice Inviting Bids" for the Base Line Road Pavement Rehabilitation from Carnelian Street to Lion Street, to be funded from Acct No 1 1 76 303-565 0/1 46 61 76- 0 RESOLUTION NO 06-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR `THE BASE LINE ROAD PAVEMENT REHABILITATION FROM CARNELIAN STREET TO LION STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS r 1 L J D4 Approval to authorize the advertising of the "Notice Inviting Bids" for the Beryl Street Pavement Rehabilitation from Cielito Street to 19'" Street, to be funded from Acct No 1 1 763 03-5 65 0/1 2 951 7 6-0 (Measure "I"funds) • RESOLUTION NO 06-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BERYL STREET PAVEMENT REHABILITATION FROM CIELITO STREET TO 19T" STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS DS Approval of an appropriation of $20,000 00 for architectural consulting services for construction of City Hall planter covers to Acct No 1025001-5650/1603025-0, to be funded from Fund 25, Capital Reserve D6 Approval of the Annexation to Landscape Maintenance District No 1 and Street Lighting Maintenance District Nos 1 and 2 for 9770 Main Street, located on the north side of Main Street, east of Archibald, submitted by Martin Arellano and Eliseo Arellano RESOLUTION NO 06-134 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 9770 MAIN STREET (APN 0209-061-31 AND 0209-061- 32) D7 Approval of the Annexation to Landscape Maintenance District No 1 and Street Lighting • Maintenance District Nos 1 and 2 for 6040 Sunstone Avenue, located between Carnelian Street and Sunstone Avenue, north of Banyan Street, submitted by Philip and Arla Loncar City Counal Minutes May 3, 2006 Page 5 • RESOLUTION NO 06-135 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 6040 SUNSTONE AVNEUE (APN 1062-291-34) D8 Approval of the Annexation to Landscape Maintenance District Nos 1 and Street Lighting Maintenance District Nos 1 and 2 for 7659 Vineyard Avenue, located on the east side of Vineyard Avenue, south of Base Line Road, submitted by Angel and Laura Hernandez RESOLUTION NO 06-136 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 7659 VINEYARD AVENUE (APN 208-931-62) D9 Approval of contract with Impressions Gourmet Catering (CO 06-041) for catering and concession services at the Victoria Gardens Cultural Center D10 Approval of City policy governing the serving of alcoholic beverages at the Victoria Gardens Cultural Center • D11 Approval of a sole source purchase with Random House/Books on Tape for books on CD for the Victoria Gardens Library in the amount of $30,000, to be funded from Acct No 1290607-5200 D12 Approval of a sole source purchase with Recorded Books for books on CD for the Victoria Gardens Library in the amount of $55,000, tc be funded from Acct No 1290607-5200 D13 Approval to award and execution of Professional Services Agreement to Architerra Design Group, Inc (CO 06-042) for landscape design services for the construction of the Inland Empire Paafic Electric Trail Improvements, Phase 1 B, between Milliken Avenue and Rochester Avenue, to be funded from Acct 1110316-5300 (Fund 100 -Beautification) for the amount of $35,000 ($32,325 plus a contingency of $2,675) REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. D14 Approval and execution of Amendment No 1 to SANBAG Contract No 04-052 between the San Bernardino Associated Governments and the City of Rancho Cucamonga for work relating to Route 210 construction REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS D15 Approval to accept the bids received and award and authorize the execution of a contract in the amount of $299,758 to the apparent low bidder, Integrated Technology Group (CO 06-043), and authorize a 10% contingency in the amount of $29,976 for the acquisition of the RFID System for the Victoria Gardens and Archibald Libraries and to appropriate $329,740 out of fund balance into Acct No 1290606- 5603 (Equpment) $73,070, 1290606-5300 (Contract Services) $1,120, and 1290606-5200 (Operations & Maintenance) $113,880 for the Archibald Library and Acct No 1290607-5603 (Equipment) $26,770, 1310602-5603 (Equipment) $49,710, 1290607-5300 (Contract Services) $1,120, and 1290607-5200 (Operations & Maintenance) $64,070 for the Victoria Gardens Library D16 Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2003-01174, located on the north side of • Jersey Boulevard east of White Oak Avenue and west of Milliken Avenue, submitted by HD Rancho Cucamonga Associates, L P City Council Minutes May 3, 2006 Page 6 RESOLUTION NO 06-137 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-01174 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D17 Approval to release the retained Faithful Pertormance Bond in lieu of a Maintenance Bond and accept a Maintenance bond for improvements for DRC2004-00145, located on the south side of Arrow Route, east of Utica Avenue, submitted by Public Storage, Inc D18 Accept Improvements, release the Faithful Pertormance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16430, located on the west side of Archibald Avenue between Wilson Avenue and Hillside Road, submitted by Archibald Ventures, LLC RESOLUTION NO 06-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVMENTS FOR TRACT 16430 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19 Approval to accept the Landscape Improvements and file a Notice of Completion for the Landscape Improvements for Tract 16454 located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc RESOLUTION NO 06-139 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE IMPROVEMENTS FOR TRACT 16454 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE LANDSCAPE WORK D20 Approval to accept the Landscape Improvements and file a Notice of Completion for the Landscape Improvements for Tract 16454-1 located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc RESOLUTION NO 06-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE IMPROVEMENTS FOR TRACT 16454-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE LANDSCAPE WORK D21 Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16545, located on the southwest corner of Archibald Avenue and Banyan Street, submitted by Cucamonga Ventures, LLC RESOLUTION NO 06-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC • IMPROVEMENTS FOR TRACT 16545 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes May 3, 2006 Page 7 • MOTION Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items D13 and D14 Motion carried unanimously 5-0 DISCUSSION OF ITEM D13. Approval to award and execution of Professional Services Agreement to Architerra Design Group, Inc (CO 06-042) for landscape design services for the construction of the Inland Empire Pacific Electric Trail Improvements, Phase 1 B, between Milliken Avenue and Rochester Avenue, to be funded from Acct 1110316-5300 (Fund 100 -Beautification) for the amount of $35,000 ($32,325 plus a contingency of $2,675) Counalmember Williams stated we are awarding money for the design and asked when construction would start Joe O'Neil, City Engineer, stated construction would start within a year because there are still federal hoops to go through DISCUSSION OF ITEM D14. Approval and execution of Amendment No 1 to SANBAG Contract No 04- 052 between the San Bernardino Associated Governments and the City of Rancho Cucamonga for work relating to Route 210 construction Councilmember Williams commented on the walls to be constructed relating to this item She asked if this was for the design or the construction Joe O'Neil, City Engineer, stated it is for the construction which will start in about six months MOTION Moved by Williams, seconded by Gutierrez to approve items D13 and D14 Motion carried • unanimously 5-0 * * ; Y ; E. CONSENT ORDINANCES Debra J Adams, City Clerk, read the title of Ordinance No 758 ORDINANCE NO 758 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333 6(e)(2)(D) MOTION Moved by Michael, seconded by Gutierrez to waive full reading and approve second reading of Ordinance No 758 Motion carried unanimously 5-0 • E2 RE Debra J Adams, City Clerk, read the title of Ordinance No 759 City Council Minutes May 3, 2006 Page 8 ORDINANCE NO 759 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING REGULATIONS GOVERNING DEDICATION OF PARK LAND AND RELATED IN-LIEU FEES, AND AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION Moved by Michael seconded by Gutierrez to waive full reading and approve Ordinance No 759 Motion carried unanimously 5-0 ITEM 11 WAS HEARD AT THIS TIME THE MINUTES WILL REMAIN IN AGENDA ORDER .......: F. ADVERTISED PUBLIC HEARINGS • F1 CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-01083 - SAHGA GROUP - A request to amend Table 17 32 030 -Use Regulations for Foothill Boulevard Districts of the Rancho Cucamonga Development Code, adding thrift stores as a conditionally permitted use in Subarea 2 of the Community Commercial Districts, located along Foothill Boulevard between Cucamonga Creek and Hellman Avenue • A staff report was presented by Mike Diaz, Sr Planner Mayor Alexander opened the meting for public hearing Addressing the Council were Jim Pugh, President of Orchard Meadows HOA, stated they have signed a petiticn opposing this amendment He stated it is not within the keeping of their fine neighborhood He stated Foothill should give a first great impression He stated there are a lot of vacant business stores on the west end of the City He stated this change will allow more thrift stores on Foothill Boulevard He felt a restaurant would be better than a thrift store He did not think this will attract higher priced tenants He felt this would have an adverse affect on their neighborhood and the City Gil Rodriguez stated he is shocked at Mr Pugh's comments He stated previously Mr Pugh had asked him if they could use his property for a yard sale for the Kiwanis Club He felt this was contradictory He stated the Councl and staff have been great with helping him with this protect He stated he terminated the Walmart protect because it wasn't the right fit He felt the Goodwill Company was a good place to go for purchasing clothes He told about the research he has done on the Goodwill Stores and stated these are not thrift stores He stated he would not want lust a thrift store as part of his protect He felt there are very high class people that shop there There being no further input, the public hearing was closed Councilmember Michael suggested the Goodwill Stores attempt to put one of their stores in an area that is already zoned for this Mr Rodriguez stated it is hard to find a store with the size they want He stated they do run a first • class operation He stated most of their items are not new, but are presented in a first class merchandising situation He stated there best stores are in high end areas He stated they do sell used items, but do help the community City Council Minutes May 3, 2006 Page 9 • Councilmember Spagnolo stated he does not have anything against Goodwill Stores He added the City is in the process of beautifying Foothill Boulevard, and he didn't think a Goodwill Store would serve this location at the present time Councilmember Gutierrez stated he has known Gil Rodriguez for a long time and felt he wants to do the best fob he can do He stated he believed there were probably better areas for this type of business and hoped we were making these decisions for the right reasons He agreed it is a pretty tough locaticn for this type of business He felt there were better businesses to serve this particular gateway Mayor Alexander stated he agreed this isn't the place for this type of business He stated he is not in favor of this Ordinance Councilmember Williams stated she agreed She felt it would be misleading to approve this and then deny their CUP She felt some of our economic development staff should meet with Goodwill to help them find a place in the City Councilmember Michael stated he agreed with the rest of the Council He encouraged them to look for an acceptable location in the City MOTION Moved by Williams, seconded by Michael to refect the concept of proposed Ordinance No 761 Motion carried unanimously 5-0 ORDINANCE NO 761 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2005-01083, A REQUEST TO AMEND TABLE 17 32 030 - USE REGULATIONS FOR FOOTHILL BOULEVARD DISTRICTS FO THE RANCHO CUCAMONGA DEVELOPMENT CODE, ADDING THRIFT STORES AS A CONDITIONALLY PERMITTED USE IN SUBARA 2 OF THE COMMUNITY COMMERCIAL DISTRICTS, LOCATED ALONG FOOTHILL BOULEVARD BETWEEN CUCAMONGA CREEK AND HELLMAN AVENUE MOTION Moved by Williams, seconded by Michael to refect the concept of proposed Ordinance No 761 Motion carried unanimously 5-0 F2 A staff report was presented by Kimberly Thomas, Management Analyst III Mayor Alexander opened the item for public hearing There being no response, the public hearing was closed RESOLUTION NO 06-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING FEES FOR SERVICES PROVIDED IN CONNECTION WITH THE CARE, ADOPTION, MAINTENANCE, CONTROL, AND DISPOSITION OF ANIMALS WITHIN . THE CITY MOTION Moved by Gutierrez, seconded by Williams to approve Resolution No 06-142 Motion carried unanimously 5-0 City Council Minutes May 3, 2006 Page 10 G. PUBLIC HEARINGS No items submitted H. CITY MANAGER'S STAFF REPORTS No items submitted I. COUNCIL BUSINESS I1 CONSIDERATION OF THREE ALTERNATIVES FOR HIGHLAND AVENUE (CONTINUED FROM APRIL 19, 2006) • Joe O'Neil, City Engineer, stated at the last meeting there was some indication that there was an MOU with SANBAG to legally close the street He stated Darin Kettle at SANBAG reiterated to him that his understanding of the MOU was that it was a construction MOU, and that at no time did SANBAG ever take legal control of the street, that it remained under legal control of Caltrans He stated that did not • change until 2003 and it was relinquished to the City He also pointed out that Jon Gillespie's presentation will clearly indicate there are no houses that have driveways that exit onto Fairmont and Kenyon He stated there are homes along that street, but they do not have access to the street Jon Gillespie, Traffic Engineer, gave a power point presentation, which is on file in the City Clerk's office Mayor Alexander re-opened the public hearing to allow for additional input Addressing the City Council were John Lyons from the Etiwanda area of the City urged the Council to support Police and Fire to reduce response times in the City by re-opening Highland Avenue He stated the developer in the area did promise that this would be re-opened He mentioned the safety of kids around the schools He felt there were all kinds of things that could be done to make the streets safe around schools He stated he got a copy of the deed that was mentioned by Mr Hostetter at the last meeting He read from this document and stated it was intended to be a City street He felt Highland should be re-opened Jenetta Harris commented about information she had about SANBAG keeping Highland closed She stated it was a misrepresentation of information because what she had previously read said it was to remain closed permanently She didn't agree with Mr Lyons' comments about the safety of kids around schools She stated they are emotional about this issue, but also sensible She wondered if by keeping this street closed would it make for a negative situation or will it improve if it is opened Alan Hostetter said he lives near the road closure He presented a power point presentation which is on file in the City Clerk's office He felt by opening up Highland was unsafe for the neighborhoods He felt this should remain closed for the safety of everyone • Lori Sportus lives hear the closure, stated this is a rerouting and does not want the traffic coming through their neighborhood She stated it should remain closed Cdy Counctl Minutes May 3, 2006 Page 11 • Lori Hearns, Vanderbilt Place in Victoria Heights, stated she is a resident and a principal of an elementary school She stated safety is her number one goal for her children at her school She was afraid of freeway traffic getting off the freeway and traveling Highland She asked the Council to do what is right and keep Highland closed Tom Spencer, of west Victoria area, felt by rerouting the traffic through their neighborhood would not be a good thing He asked the Council to say no and protect their quality of life Joe Judd stated he and other members of his family live both east and west of the creek He stated he can only see two reasons to re-open Highland one for response times and the other for traffic ease for the residents He felt there would be accidents with people racing on this street if it opened up He stated he is concerned about his granddaughter walking to Victoria Groves School and Victoria Groves Park He felt that Highland didn't need to be opened up for public safety access because they are getting around now lust the way it is Joe Benoto stated there are homes that face Kenyon Way He stated the information in the study is flawed Jeri Lee, 26 year resident of the City, did not feel there was a good purpose for opening Highland at this point She felt it should remain closed Holly Renteria, Kenyon Way, stated she invited the Council to come up to the school and see the traffic, but did not see any of them show up She could not see any more traffic going into the school area for the safety of the kids There being no further input, the public hearing was closed • Councilmember Gutierrez stated he did hear all of the testimony from the last meeting about this He had a drawing he showed on the overhead to show how the traffic would flow if Highland is opened up He had a drawing of a new fire station to go in at Central Park, which will service the area north of Base Line He stated he is the one that started this mess because he had people contact him complaining about the barricades in the area He felt this is an area that has been neglected for six years He stated he met with the residents in this area and added he had made some mistakes He stated he only meant good for this area He believed the intent was mistaken with regards to the MOU, but added people are moving into this area thinking Highland will remain closed He stated he knows there are people in this area that do want Highland re-opened He stated until we can get traffic issues under control, he did not feel we should re-open Highland and make things worse He stated at the last meeting Mr Crowll felt it should remain closed because it is currently closed and has been for six years He did not see a reason to re- open it He felt until congestion and speed are under control we should not open Highland Mayor Alexander stated he does not share that opinion He stated it isn't a matter of politics or votes, that it is a matter of public safety He stated Captain Ortiz and Chief Bryan care about public safety very much He stated this is a matter for the whole community He stated many times when streets are closed it makes a problem for congestion He stated he raised his children on a through street He stated he would have loved to live on a cul-de-sac, but didn't He stated this is an issue that will set a precedent and that was a concern to him He stated he has never seen traffic from the 210 Freeway get off at Carnelian, Haven or other streets and travel 19'h to get out of the traffic He stated a very short period of time can make a difference in a response time He stated he did not agree with a ten minute response time He stated all of the neighbors in this area from Haven to Milliken felt this would be opened up for people to travel He stated he is not here to win votes, he is here to give his opinion He stated he does support the re-opening of Highland, but also supports any ad hoc public safety committee made up of neighbors to mitigate safety issues for this area He added that response time is important • Councilmember Spagnolo stated he has lived here since 1971 He stated working on the Fire Department he had to deal with Highland being closed when the freeway was being bwlt He stated he has seen his street become a thoroughfare, and added this is the reality of this community growing He stated by closing a street doesn't keep people from speeding He did not agree with circumventing the City Council Minutes May 3, 2006 Page 12 Police and Fire Chief's opinions and voting against them He stated staff did a good lob with this, but • disagreed with the survey and felt it should include information from the whole City about closing this street, not lust specific neighborhoods He stated he does not have a park in his area either as was mentioned earlier by others He stated all kids and bus stops are important Councilmember Williams stated she was on the Route 30 Task Force and went through years of testimony with the public She stated the closing of Highland was a topic of conversation She stated years ago a lot of people did not want Highland to close She stated her question is why have we left such an ugly barrier at this area She stated she has no problem with leaving this closed She stated she has not heard from anyone to re-open Highland, and stated this was not a burning issue She felt with the gates there would be plenty of time to get through for emergency purposes Councilmember Michael stated this issue is one he was involved with when he was the Fire Chief He said he has recently visited this area with the City Engineer He stated years and years ago, it was discussed that Milliken would not have an off/on ramp, but that the he disagreed with this He told about the formation of the Route 30 Task Force and also Mr Lyons organization called SOC He stated Caltrans included an auxiliary lane that was put between Haven and Milliken so that cars do not have to get in the freeway traffic He stated it was first recommended by the Task Force that Highland be closed permanently He stated the next vote was to close it eastbound, but open it westbound so there would be a lane open and felt this action was taken on 1999/2000 He stated this is the last time anyone has heard about Highland Avenue He stated as a Fire Chief he wanted this to open up He stated he has never heard from the Police and Fire Chief that this needs to be opened up He questioned re-opening this now when he has not heard anything from them that it is important for response time He felt at this time it is the right thing to do to keep it closed He stated he agreed with Mayor Alexander and Councilmember Spagnolo about the ten minute response time being unacceptable He did not think the gates would add more than 10-15 seconds to a response time He felt it was unfair to open this when people are under • the impression it is going to remain closed He felt it should remain closed with access for emergency vehicles He realized it would be convenient, but did not agree with re-opening it James Markman, City Attorney, stated if it is the Council's desire, there would need to be a formal closure of this street under Vehicle Code Section 21101 He stated there would need to be a motion directing staff to process this permanent closure so this can run through the formal process in order for this to be legally accomplished MOTION Moved by Williams, seconded by Gutierrez to direct staff to proceed with the permanent closure of Highland through the formal process identified by the City Attorney Motion carries 3-2 (Alexander and Spagnolo voted no) A recess was taken at 9 12 p m The meeting was called back to order at 9 19 p m will all Councilmembers present 12 CONSIDERATION AND ADOPTION OF THE NO KILL GOAL MISSION STATEMENT FOR THE NEW ANIMAL CARE AND SERVICES DEPARTMENT A staff report was presented by Kimberly Thomas, Management Analyst III Mayor Alexander opened the meeting for public input Addressing the City Council were Nicole Myerchin didn't realize the Mission Statement was going to be so long and didn't see anything in there about feral cats • Mayor Alexander stated this s a very generic statement Cdy Council Minutes May 3, 2006 Page 13 • Ms Myerchin felt this might be too broad and loopy and could go in any direction Councilmember Michael stated in the staff report it does talk about feral cats and that it would be included in this statement in the future once a feral program is presented by Mr Winograd Ms Myerchin still felt this was too broad and too loopy She felt it should be sent back and do exactly what Mr Winograd suggested Councilmember Michael stated he felt a mission statement generally is very broad in nature Councilmember Spagnolo stated he does not have a problem with this and stated these statements are supposed to be broad Ms Myerchin asked if Mr Winograd had any input into this Pamela Easter, Deputy City Manager, stated yes Councilmember Spagnolo felt it was important to have this on the wall at the shelter tomorrow morning and that this is for all animals Ms Myerchin stated if it can be tweaked in the future, she is all for it Dawn Pendziwiatr felt it should include "all adoptable and treatable animals " She felt it should also include an obtective that has something like a community program or working with rescue groups so that even if an animal is deemed unadoptable or not being able to be rehabilitated, that a foster group would be asked to step in before the animal is put down • Councilmember Spagnolo felt once the shelter is up and running that this can be looked at again to make any changes that are necessary Councilmember Williams felt confident that the philosophy of our new management will not allow any problems with no kill issues She agreed with the statement MOTION Moved by Michael, seconded by Williams to approve the Mission Statement Motion carried unanimously 5-0 Jack Lam, City Manager, reported on the hiring practices of the City stating we are on a civil service program and have an equal opportunity merit system He stated we strive to hire the best, qualified candidates in a fair, unbiased way with opportunities for all He stated we do not prefudge candidates or discriminate from where they came or worked from He stated we have high standards of what we expect of our employees for the shelter, and feel we have hired an outstanding crew He asked Ms Myerchin to give these people a chance He stated this staff is working very hard and that his staff will be working very closely with the shelter operations Pamela Easter, Deputy City Manager, talked about the interview process to hire the shelter staff She felt everyone hired is committed to serving the residents and animals She stated they are on probation as the City Manager indicated Jack stated he did not feel anyone should be singled out for discussion 13 CONSIDERATION OF RE-APPOINTMENT OF THE CITY'S BUILDING AND SAFETY OFFICIAL AS • MOTION Moved by Alexander, seconded by Williams to reappoint the City's Bwlding and Safety Official Motion carried unanimously 5-0 City Council Minutes May 3, 2006 Page 14 14 COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember) • Councilmember Gutierrez thanked Pamela Easter, Kimberly Thomas and everyone on the staff that has worked hours on the animal shelter issue getting it opened up He felt only people that care would be hired Councilmember Williams commented on the items on the Consent Calendar for the Cultural Center Library and Cultural Center She stated the telecommunications issue is the main issue being discussed with the legislature, and added it is very confusing She stated the main obtection is to protect the franchise fees 15 LEGISLATIVE UPDATE (Oral) Discussed under Council Announcements J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting K. ADJOURNMENT MOTION Moved by Gutierrez, seconded by Michael to adtourn Motion carried unanimously 5-0 The meeting adtourned at 10 18 p m pectfully submitted, Debra J ms, CMC City Clerk Approved June 21,2006 • •