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HomeMy WebLinkAbout2012/11/07 - Minutes November 7, 2012 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETINGS MINUTES A. CALL TO ORDER I The Rancho Cucamonga City Council held a closed session on Wednesday, November 7, 2012 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services, Jeff Bloom, Deputy City Manager/Economic and Community Development and Council-Member Elect Marc Steinorth. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items are being considered: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA;, AND BOBBY BRETT, RANCHO BASEBALL, LLC) REGARDING LEASE TERMS - CITY D2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B) — CITY IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session recessed at 6:00 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 1 of 13 Present were Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice President Nice Chairman/Mayor Pro Tem Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Bill Wittkopf, Public Works Services Director; Mark Steuer, Director of Engineering Services; Nettie Nielsen, Community Services Director; Chris Paxton, Human Resources Director; Robert Karatsu, Library Director; Veronica Fincher, Animal Services Director; Mike Bell, Fire Chief; Debra McNay, Records Manager/Assistant City Clerk and Adrian Garcia, Assistant City Clerk. Council Member-Elect Marc Steinorth was also present. H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of the Alta Loma High School Alumni Association, Etiwanda Historical Society, Northtown Housing Development and Fire Station I, for their ongoing stewardship of local Veteran Memorials, and announcement of the 2012 Veterans Day Event on November 11. Mayor Michael presented certificates of appreciation to the Alta Loma High School Alumni Association, Etiwanda Historical Society, Northtown Housing Development and Fire Station I for their support of Veteran memorials. Francie Palmer, Marketing Manager, announced the upcoming 2012 Veterans Day activities. H2. Recognition of Santa Barbara Townhomes for joining the Healthy RC Smoke-Free Recognition Program. Mayor Michael presented a certificate of recognition to Santa Barbara Townhomes for joining the Healthy RC Smoke-Free Program. I. PUBLIC COMMUNICATIONS I 11. Bill Hanlon addressed the comments made by several Council members at the last meeting and noted that the public has the right, responsibility and obligation to speak at these meetings. He requested an apology. 12. Gwyn Frost noted that today was the City's 35th birthday. She also announced the Etiwanda Historical Society Open House on November 17, 2012 and the Etiwanda High School Veterans Day celebration. 13. Walter McBeth noted that he was present to speak about Item 01 (DRC2011-01094 — SCI Funeral Services. Mayor Michael referred him to the public hearing portion of the agenda for this item. 14. Jody Gimeiner, representing Habitat for Humanity, referred to Item M5 and thanked the City Council for the opportunity to partner with the City. 15. Janet Walton offered a prayer for the City Council and the audience. 16. John Lyons thanked the candidates who participated in the recent election and encouraged everyone to attend this weekend's Veteran's Day celebrations. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 2 of 13 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: October 17, 2012 (Regular Meeting) J2. Approval of Check Register dated October 10, 2012 through October 30, 2012 for the total amount of$246,075.99. J3. Recommendation to reject all bids received for the Generator Upgrade Project at the San Bernardino (172), Jersey (174) and Banyan (175) Stations and the Fire Maintenance Facility and to cancel the Generator Upgrade Project at the San Bernardino (172), Jersey (174) and Banyan (175) Stations and the Fire Maintenance Facility. J4. Approval to adopt an annexation map showing Assessor Parcel Number 1077-401-19 (Joe M. Munoz, Owner), located on Center Dr. between Foothill Blvd. and Center Ave. which is proposed to be annexed into CFD 85-1. RESOLUTION NO. FD 12-050 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 12-6) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 J5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 12-6 (APN: 1077-401-19, Joe M. Munoz, Owner), located on Center Ave., between Foothill Blvd. and Church St. into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 12-051 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 12-6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 3 of 13 K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Release of Maintenance Guarantee Bond No. 12068441 in the amount of $625,187.43, for the Hellman Avenue Master Planned Storm Drain and Street Improvements— Phase 1 from 9`h Street to San Bernardino Road, Contract No. RA10-010. MOTION: Moved by Buquet, seconded by Williams, to approve the staff recommendation in the staff report. Motion carried 5-0. L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY f L1. Approval of Minutes: October 17, 2012 (Regular Meeting) MOTION: Moved by Buquet, seconded by Spagnolo, to approve the minutes. Motion carried 5-0. M. CONSENT CALENDAR - CITY COUNCIL M1. Approval of Minutes: October 17, 2012 (Regular Meeting) October 15, 2012 (Special Meeting) M2. Approval of Check Register dated October 10, 2012 through October 30, 2012 and payroll ending October 30, 2012 for the total amount of$5,140,734.71. M3. Amendment to the agreement with EV Connect LLC and ClipperCreek Inc., to Participate in Reconnect California Program and Upgrade Four additional Electric Vehicle Charging Stations at Various City Facilities to be Funded by the California Energy Commission. M4. Receive quarterly budget update report. M5. Neighborhood Stabilization Program (NSP) Property Sale DRC2010-00698T — City of Rancho Cucamonga — The sale of 8541 Hamilton Street acquired under the NSP Acquisition/Rehabilitation and Resale activity to Habitat for Humanity consistent with the U.S. Department of Housing and Urban Development NSP guidelines. M6. Consideration of the recommendation from the Park and Recreation Commission regarding the approval of the Annual Street Banner Schedule and Applications for Calendar Year 2013. M7. Approval of plans and specifications for the Etiwanda Creek Park Sports Lighting Replacement Project and authorize the City Clerk to advertise the"Notice Inviting Bids" to be funded from Account Number 1025001-5607 (Capital Reserve). RESOLUTION NO. 12-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M8. Approval of plans and specifications for the Sports Complex Clarifier Replacement Project and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Number 1025001-5602 (Capital Reserve). Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 4 of 13 RESOLUTION NO. 12-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SPORTS COMPLEX CLARIFIER REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M9. Accept the Manzanita Drive Storm Drain Improvements, Contract No. 12-043 as complete, release the bonds, accept a Maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$254,151.93. RESOLUTION NO. 12-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MANZANITA DRIVE STORM DRAIN IMPROVEMENTS, CONTRACT NO. 12-043, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M10. Approval to renew contract (CO 11-017) with Superior Pavement Markings, Inc. with no fee increase for 2012-2013 for Street Striping and Pavement Marking Services in the amount of $150,000.00 to be funded from Account No. 11773035300 (Contract Services FY 2012-13). M11. Approval to renew contract (CO 10-074) with All City Management Services, Inc. with no fee increase for Fiscal Year 2012-2013 for Professional Crossing Guard Services in the amount of $358,200.00 to be funded from Account No. 10187015300 (Contract Services FY 2012-13). M12. Approval of Improvement Agreement and Improvement Security and ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Parcel Map 19043 off sites, located on the north side of Amber Lane west of Etiwanda Avenue, submitted by Century Heritage Builders, Inc. RESOLUTION NO. 12-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 19043 OFF SITES RESOLUTION NO. 12-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP 19043 RESOLUTION NO. 12-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR PARCEL MAP 19043 RESOLUTION NO. 12-170 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 (NORTH ETIWANDA) FOR PARCEL MAP 19043 Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 5 of 13 M13. Approval of drainage reimbursements for the Etiwanda/San Sevaine Area Master Plan for FY 2011/2012 and appropriation of$53,372.14 to Account No. 1116303-5650/1026116-0. M14. Approval of drainage reimbursements for the General City Area Master Plan for FY 2011/2012 and appropriation of$153,899.22 to Account No. 1112303-5650/1026112-0. M15. Approval to receive and file Animal Center statistics as of September 2012 and year to date January 1, 2012 —September 30, 2012. M16. Consideration of a fiber conduit license agreement between the City of Rancho Cucamonga and Sunesys, LLC a Delware Limited Liability Company for the installation of fiber optic cable using City fiber conduit. MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. • N. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. N1. Adoption of a resolution making determinations regarding the proposed annexation of territory (LVD Rancho Cucamonga LLC, Owner—APN 0227-012-24 -Annexation No. 12- 5) located on the west side of East Ave. south of Lima Dr. to an existing Community Facilities District 85-1, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD 12-052 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 12-5) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Mike Bell, Fire Chief, presented the staff report. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Spagnolo, seconded by Alexander, to adopt Resolution No. FD 12-052. Motion carried 5-0. 0. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 6 of 13 01. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT DRC2011-01094 - HMR ARCHITECTS FOR SCI FUNERAL SERVICES, INC. - A request to construct and operate a funeral home (that will not include a crematory, a cemetery, nor conduct embalming) with a floor area of 6,911 square feet and a porte- cochere of 1,371 square feet on a vacant parcel of 2.32 acres (Note: final area of the parcel subject to outcome of Lot Line Adjustment SUBLLA#691) within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan, located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN:1100-031-07. Related file: Development Review DRC2011-01094D. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. The following Resolutions were prepared for the meeting: RESOLUTION NO. 12-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY, A CEMETERY, NOR CONDUCT EMBALMING) WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1100-031- 07. and RESOLUTION NO. 12-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY, A CEMETERY, NOR CONDUCT EMBALMING) WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES OF LAND WITHIN THE ETIWANDA AVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100-031- 07. (For the record, the following additional materials were provided for consideration at the meeting as a supplement to the report and materials provided in the Council agenda packet: City of Rancho Cucamonga Planning Department PowerPoint presentation; SCI Funeral Services PowerPoint presentation; a PowerPoint presentation by Wendy Sandoval, Angie Nwanodi, Martha Godivez, Lory Ueda, Douglas Ueda, Jesse Ortiz and Joe Russell; a collection of additional e-mails and letters received prior to the meeting and after the agenda packet was prepared; Resolution Nos. 12-171 and 12-172 listed above and three additional e-mails received by the City the day of the meeting. Distributed with the agenda packet on November 1, 2012 was "Impacts of a Rancho Cucamonga Funeral Home Investment" prepared by Paul Sommers, Ph.D. Regional Economist. Distributed during the meeting was an 18-page document entitled, "Rancho Cucamonga is a people first community with a focus on families.") Jeff Bloom, Deputy City Manager/Community and Economic Development, briefly outlined the order of business for Item 01. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 7 of 13 Mike Smith, Associate Planner, presented the staff report. Jennifer Guenther, attorney for the appellant, SCI Funeral Services, Inc., provided a PowerPoint presentation. Mayor Michael opened the appeal hearing. Wendy Sandoval, Angie Nwanodi, Martha Godivez, Lory Ueda, Douglas Ueda, Jesse Ortiz and Joe Russell provided a PowerPoint presentation in opposition to the placement of a funeral home on Etiwanda Avenue. Chidi Onumonu, a traffic consultant for SCI Funeral Services was present but did not speak. Pastor Puredi Hillary expressed concerns with the traffic, noting that the traffic studies did not adequately address the schools in the area. He had worked for a funeral home in the past and these processions can take quite a bit of time to get out of the parking lot and into the street. A • memorial service could cause a traffic jam on Etiwanda. He recognized that embalming is not being proposed, but noted that there is nothing prohibiting it in the future. William Reseigh, a consultant for SCI Funeral Services, was present but did not speak. Gerardo Mancinas noted that his mother recently passed away and discussed his recent experience with a funeral home. He did not believe that he would utilize SCI Funeral Services in the future. Roy Barringer yielded his time. Dawn Narveson, a consultant for SCI Funeral Services, was present but did not speak. Lisa Marshall, a consultant for SCI Funeral Services, was present but did not speak. Frank Lunsso noted that a lot of children walk to the neighboring schools. The placement of a funeral home in this location would increase the chances of the children being hit. The funeral procession would need to stop to accommodate the children. Nelson Mamey, owner of the property, noted prior approved uses that were not viable due to the economic situation. He noted that this proposed use conforms to all the requirements and the City indicates that it is pro-business. Initially, the Planning Department recommended approval of this use. This is not a political decision but should be based on the application of the relevant codes. Mr. Mamey noted that it is difficult to do business in a City that bases its decisions subjectively and inconsistently. He urged the City Council to approve the funeral home. Ernie Reguero noted that the City is a master-planned community and a good place to live. He is opposed to high density housing. His wife is Chinese and believes in feng shui. He indicated that the proposed placement of a funeral home so close to the residential homes does not fit in with these beliefs. Mr. Reguero requested that the decision to deny this use be upheld. Hezron Mchenya indicated that one of his bedrooms overlooks the property. He strongly believes that the City leaders were responsible for this beautiful community. Mr. Mchenya asked the City Council to uphold these values and continue to make wise decisions on behalf of the community. He urged the Council to listen to the community and uphold the decision of the Commission to deny the funeral home as the location is not compatible with the residential homes in this area. Frank Franco noted that it was ironic that the hearing was scheduled after the election. He noted that the zoning laws have not stayed consistent with the development of the area. Mr. Franco indicated that he is subject to a number of taxes. The revenue alleged by SCI Funeral Services will not materialize and property values will fall. The property values drive the revenue that keeps the City flowing. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 8 of 13 Richard Heilman noted that proper zoning is critical. He noted that there is a long list of permitted uses for this property. Completing a thorough evaluation of the zoning and permitted uses is critical prior to purchasing property. If we deny this company's request it will call into question of the zoning process. The funeral home profession is honorable and dignified. He indicated his support of the placement of a funeral home in this location. Fakhoury noted that the residents are not objecting to any business and suggested that SCI open a florist shop. Placing a funeral home in this particular location is not compatible with this community. He pointed out that this is a multi-cultural community, and death is not viewed the • same by everyone. Lory Ueda noted that it is already in the record that funeral homes are most compatible with nearby commercial uses. She recognized that there are funeral homes adjacent to residential uses, but noted that in most of them the funeral home preceded the development of the residential area. In this case, there is an established residential community that will overlook the funeral home. Ms. Ueda noted that the Specific Plan is very clear that incompatible uses and objectionable features not be allowed. Monica Majachi had already left the meeting and did not speak. Jim Cooper noted that he lives 3,000 yards north of the project location. He noted that the City Council's past decisions have left a great legacy in the community. Mr. Cooper stated that he passes the property at least twice a day. There are three schools on Etiwanda Avenue and Mr. Cooper indicated that it recently took him 20 minutes to travel to Base Line. The traffic analysis that there would be no impact with the establishment of this use is flawed. There is no way to widen Etiwanda Avenue to accommodate the increased traffic. Please uphold the Planning Commission's denial. James Kent, California State Certified Appraiser, addressed the appraisal that was done. He noted that the reference to East Avenue (instead of Etiwanda) did not change the statement in the appraisal. It is his opinion that the placement of a funeral home in this location will not affect property values. Frank Franco had previously spoken. Dene Hernandez indicated that she drives by the area daily. The fact that there is an Elementary School less than a mile away is a concern. Ms. Hernandez noted that the single family residences that locate in the City should not be subject to a funeral home. Raylene Beuno noted that she is within walking distance of the project site. She strongly feels that her home is a refuge from a long day of work. A residential area is an inappropriate location for a funeral home. Ms. Beuno believed that property values would be affected and spoke about the negative impacts of hearing the grief daily. This business should be located elsewhere. John Lyons noted that the project is market-driven. It complies with the zoning and the applicant has spent money to initiate this project. Traffic is an issue north of Base Line, not south of it. Residents oppose everything and if the Council always listened to it, nothing would be approved. There is a big need for funeral homes in this community. Mr. Lyons noted that most of the Catholic funerals will be at a church, not at a funeral home. He drives through the community every day and most of the time nobody is home. Mr. Lyon noted that he was present when Etiwanda Gardens was proposed and did not hear any opposition from the residents. He could understand keeping home from the freeway, but not from the funeral home. The largest unemployment in the County is 16-20 year olds and the approval of the funeral home would boost business. Jeff and Chris Baron noted that their parents recently passed away. Making arrangements for a loved one is a major ordeal. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—November 7, 2012 - Page 9 of 13 Walter McBeth lives a block and a half from the project site. He noted that this is a residential community. The Constitution places property rights above everything else. If something is proposed in a community, the property owners have the right to determine it is a public nuisance. SCI Funeral Services never knocked on his door. Mr. McBeth asserted his rights as a property owner and indicated that SCI Funeral Services does not have these rights as they do not own the property. He urged the City Council to uphold the Planning Commission's denial. Recess: The meeting was recessed at approximately 9:40 p.m. Reconvene: The meeting reconvened at approximately 10:00 p.m. Annie Aguilar noted that she chose her home vey carefully and with much love and attention. Her children and grand-children live close to her and she really loves the City and its amenities. Mrs. Aguilar stated that she lived behind a funeral home in La Puente and spoke how this negatively impacted the lives of her family. When her parents tried to sell the family home, it was difficult and the realtors told them that the presence of a funeral home was the cause. Mrs. Aguilar indicated that she would not use this business if it were approved by the City. Patrick Mcllvain owns Tommy Austin Florist on the corner of Haven and Foothill. He noted that the placement of the funeral home would help florist shops in the City. Joseph Freeno noted that he owns a general contracting firm in the City. His firm would be a candidate to construct such a project and provide employment. Mr. Freeno was supportive of placing a funeral home in this location. Steve Hernandez had already left the meeting and did not speak. Gracie Martinez noted that the project is beautiful and would be an asset to the City. She lives less than a mile from the site and has never been stopped in traffic due to a funeral procession. Michael Perez noted that he opposed high development and high density projects but indicated that the City decided to have a balanced community with all these uses. If the residents do not want something in their area they should update the plan and change the allowed uses. Mr. Perez noted that this use conforms to the requirements and noted the need to treat all businesses the same. Edward Kim spoke in opposition to the project, noting that he will see the funeral home from his windows and front door. Mr. Kim noted that there are two elementary schools nearby and stated that many children will walk pass this business every day. He asked the City Council to uphold the appeal. Anthony Rice thanked the City Council for not imposing the time limit. He noted that the City Council takes an oath to uphold the Constitution and spoke about private property rights. Mr. Rice urged the City Council to support the placement of a funeral home in this area even if all the neighbors are opposed to it. The use meets the requirements and should be allowed. Julio Aguero spoke regarding the physiological impacts to the community with allowing this use. He did not believe that this location was the best place for a funeral home and noted that there are very narrow streets. Also, Mr. Aguero noted that the property values will decline. Alan Ta noted that there is a lot of misinformation in SCI's presentation. He is a physician and he addressed how children relate to death, noting that there are physiological impacts with being around a funeral home all the time. Mr. Ta indicated that there are elementary schools and intermediate schools in this area and stressed that the children will be affected. Base Line will be jammed with traffic as people will be coming from the freeway. He noted that the City is a very well planned community and urgently requested that the City Council keep the legacy alive. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—November 7, 2012 - Page 10 of 13 Christopher Ikeanyl noted that the law is made for man, not man for the law. There are regulations in place to guide development. He noted that the City Council appointed the Planning Commission to hear these matters, and pointed out that they made the right decision. Mr. Ikeanyl pointed out that the residential neighborhood was already there, and wondered why SCI would insist on moving to where they are not wanted. Children should not be raised in a place where they are reminded about death every day. SCI does not play by the rules and would not be a good neighbor. Marcia Godwin indicated that there is a definite need for a funeral home in the community. She noted that there is a big difference between a funeral service and a visitation. Thousands of people pass by these facilities every day. Mrs. Godwin noted that the Council should consider the use and make sure that it's appropriate for this location. Jessica Duran opposed the placement of a funeral home in this area. She noted that it would desensitize the children over time, therefore causing a physiological effect. Ms. Duran noted that this would affect the amount of traffic. Walter McBeth had previously spoken. Doug Lada noted that he owns and operates four mortuaries located in Carson, Pomona, Ontario and Rancho Cucamonga. Although many residents have asked him to speak, he has been very reluctant to do so. However, he has no choice but to clarify statements made by SCI and in the newspapers. He noted that there is a consensus among the community that a full service mortuary was needed, but not a building. Mr. Lada noted that a licensed California mortuary can make funeral services in one location and do something else in another. He has been quietly, inconspicuously and faithfully serving this community for many years. Mr. Lada noted that SCI has stated that there are no full service mortuaries in this City. He is here and has been since 1999. He provides all services that SCI provides but without the building. SCI has stated that this community is underserved but Mr. Lada stated that he has never had to turn down a service because he couldn't serve them. SCI says that the mortuary is just a store front, but Mr. Lada has never heard anyone say they are going to the store to make funeral arrangements. SCI says that the project will boost other businesses; however, the mortuary can not create business, they can only take away business. Thaddeus Lemelle had already left the meeting. Gilbert Mugica indicated that if this were approved, he would be looking right at the funeral home every day. This is a beautiful community and this is his dream home. Mr. Mugica noted that his property value would decline. Khin Phui noted that he is currently in escrow to purchase property close to the project site. His realtor has not disclosed this proposed use and he is very disappointed. Mr. Phui stated that if the City Council approved the placement of the funeral home in this area he would back out from the purchase as the property would lose value and it would be difficult to sell the home. Dave Carlson indicated that he owns three funeral homes and a crematory. He addressed his past discussions with the City to locate a similar business. Mr. Carlson indicated that SCI has had problems with other funeral homes and has shut them down. As an embalmer, Mr. Carlson noted that if a body needs aspiration, SCI would need to have a facility to do that and this action would result in blood borne pathogens being released into the air. He stated that this could potentially impact the City's air and water system and there would be no choice but to grandfather in the use. Lastly, Mr. Carlson noted that if this use is allowed in the City, he would make a request to be allowed in the City as well. • Michael Freeman stated that he is 300 meters away from the site and was very concerned. This proposed use is not compatible with a residential area. He also stated concerns with the traffic impact study. Mr. Freeman noted that this is a multi-cultural community and stated that various cultures deal with death in different ways. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 11 of 13 Jennifer Guenther, attorney for the appellant, SCI Funeral Services, Inc., pointed out that the use conforms to the zoning and is an appropriate use. She pointed out that there is a similar facility right across the street that is four times larger than this project. Mrs. Guenther noted that there is a need for a funeral home in this City and remarked that SCI has numerous funeral homes across the country. She corrected some of the comments made previously in the meeting and noted that the horrendous things that were stated were not done by SCI. Mrs. Guenther addressed one of the proposed conditions of operation and asked that it be modified slightly to reflect other uses allowed in the Etiwanda Specific Plan. In closing, she noted that the company has other representatives in the audience that would be happy to discuss any questions the Council may have. Mayor Michael closed the appeal hearing. In response to Mayor Michael, City Attorney addressed the zoning of the project. He reported that there are principally-permitted and conditionally-permitted uses. Principally-permitted uses are allowed to operate in the appropriate zone if they meet all of the conditions of approval. Conditionally-permitted uses like this use must be weighed to ensure that the proposed use is compatible with the other existing uses. In this case, this proposed funeral home must be evaluated to ensure that it is compatible with the character of the residential neighborhood. City Attorney Markman noted that the City Council needs to deliberate on the facts of the matter. Council Member Alexander noted that he appreciated the presentations that were made this evening. He believed in the comments that were made by the residents and would support the recitals made in the Resolution to uphold the denial. Council Member Williams noted that these were all well thought out presentations. She also was very comfortable with the Resolutions upholding the decision of the Planning Commission. Council Member Williams shared the concerns with the impact to the children. She noted that there are other properties in the City in which the funeral home would be a good fit, noting that the building is attractive and would fit in well. Mayor Pro Tem Spagnolo noted that there is a need to keep the identify of the Etiwanda community alive. This is why the houses are laid out the way they are, the street is the width it is and the Post Office is there. Mayor Pro Tem Spagnolo noted that the Conditional Use Permit was put in place to ensure that whatever uses were allowed in this location were a good fit for the neighborhood. Mayor Pro Tem Spagnolo noted that whether or not the City needed a funeral home was not the real issue; the real issue in his mind was the compatibility with the existing residential neighborhood. Council Member Buquet noted that this hearing date was requested by SCI and pointed out that the City has adequate zoning laws. He had served on the City Council when the Etiwanda Specific Plan was updated. Council Member Buquet noted that there are a number of properties are zoned this way. However, this particular site is not compatible with the adjacent uses. Council Member Buquet noted that a funeral home is needed in the City, and noted that competition is a good thing as it keeps the prices reasonable. Mayor Michael did not believe that traffic would be impacted. He commended the Planning Commission for their hard work. He noted that everything boils down to compatibility with the existing uses on the west and north of the subject property. Mayor Michael noted that a funeral home is needed in the community, but not in this location. This is not a good fit. City Attorney Markman read the proposed Resolution upholding the decision of the Planning Commission to deny the Conditional Use Permit. MOTION: Moved by Alexander, seconded by Williams, to adopt Resolution No. 12-121 upholding the decision of the Planning Commission and denying Conditional Use Permit DRC 2011-01094 Motion carried 5-0. Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 12 of 13 IP. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander noted that it was a good race and thanked Council Member Buquet for his service on the City Council. Mayor Michael congratulated the newly elected officials. P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Due to the lateness of the meeting, no update was presented. IQ. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified. IR. ADJOURNMENT I Mayor L. Dennis Michael adjourned the meeting at 11:50 p.m. RespI ully submitted, Debr: L. McKay, MMC Assis -nt City Clerk/Records Manager Approved: November 21, 2012 Fire Protection District, Financing Authority, City Council Minutes Regular Meetings— November 7, 2012 - Page 13 of 13