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HomeMy WebLinkAbout2003/03/19 - Minutes March 19, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALLTO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, March 19, 2003, in the Tapia Room of the Civic Center located at 10500 Civie 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, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Chairman William J. Alexander. Aisc present were: Jack Lam, Executive Director; Pamela Easter, Deputy City Manager; James Markman, Legal Counsel; Larry Temple, Administrative Services Director and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session items. B1. CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE PAMELA EASTER, DEPUTY CITY MANAGER, LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, AND GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH LEGAL COUNSEL PER GOVERNMENT CODE SECTION 54956.9 SUBDIVISION (A) - EXISTING LITIGATION - RODRIGUEZ V. CITY OF RANCHO CUCAMONGA - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. D. CONDUCT OFCLOSEDSESSION Closed session began at 5:35 p.m. .E. RECESS The closed session recessed at 6:45 p.m. with no action taken, City Council Minutes March 19, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 19, 2003, 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 7:54 p.m. Present were Councilmembers: Rex Gutierrez, Robed J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Mike Nelson, Sr. RDA Analyst; Lynda Thompson, Assistant RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sial Siphomsay, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Dave Blevins, Public Works Maintenance Manager; Brad Buller, City Planner; Warren Morelion; Assistant Planner; Michael Smith, Planning Technician; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Francie Martindale, Marketing Manager; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager; Captain Pete Ortiz, Rancho Cucamonga Police Department; Lt. Ron Cochran, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst I1; Kathryn L. Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Lt. Ron Cochran of the Police Department for his years of service to the community. Mayor Alexander presented the proclamation to Lt. Cochran and thanked him for his service to Rancho Cucamonga. Captain Pete Ortiz stated he would be missed and wished him luck in the future. B2. Presentation of a Proclamation and Commemorative Gavel to current Council Member, and former Rancho Cucamonga Library Board of Trustees President, Robert J. Howdyshell, for his years of service to the library and the community. Councilmember Williams stated she personally wanted to thank Mr. Howdyshell since he was one of the founding members on the Library Board. She appreciated his commitment. Ravenel Wimbedy, President of the Library Board, gave a brief bio of Mr. Howdyshall. He presented him with a commemorative gavel and thanked him for his contributions to the Library Board. B3. Presentation of a Proclamation in recognition of "American Red Cross Month." Mayor Alexander presented the Proclamation to Dave Lopez. City Council Minutes March 19, 2003 Page 3 C. COMMUNICATIONS FROM THE PUBLIC C1. Aubrey Campbell talked about his family going through the City's school district system. He stated there are too many bigots in the world. He felt teachers need a pay raise. He stated he is against the recall and will march on the schools protesting against it. C2. Steve Jennings stated he is present to serve the Notice of Intention to Recall Diane Williams, Rex Gutierrez, Robert Howdyshell and Donald Kurth. He stated the recall is here and is not dieing. He stated he knows Councilmember Williams is trying to eliminate public comment. He felt it appears the Council welcomes comments as long as the citizens agree with the Council. He commented on Rex Gutierrez meeting secretly with Councilmember Williams to make their deal and did not feel he could be trusted. Councilmember Williams stated there is nothing that she is trying to do to change the procedure for public comments and did not know where he got that information. She stated that is incorrect. Councilmember Gutierrez stated there are people across the ocean possibly dying this very moment for the rights that Mr. Jennings has. He felt it was sad that this recall process is moving forward for reasons he is still not clear on. C3. Jennifer Strane stated she was pulled over and illegally searched by the Police Department. She wanted to know what the Council is going to do about them. C4. Jim and Gwyn Frost wanted to talk about historic preservation. He talked about the first commissioners to represent the City and how they educated staff. He stated we have lost all five of the original members. C5. Rudy Jaramillo stated he moved here because of all the strengths and opportunities in the City. He stated after the election things were going on that he didn't like. He felt the actions to appoint Bob Howdyshell and Don Kurth were unfair to the citizens and that the people deserve the chance to speak. He stated people have tried to let the Council know what they want to do to fill the vacancy and that they have been shut down. He felt the recall would provide people the choice they deserve. He stated they want the opportunity to speak, be listened to and taken seriously. He added the recall movement is alive and well. He felt there were ethics that need to be looked at also. He commented on an article he read in the Daily Bulletin about public comments. Councilmember Gutierrez stated it has nothing to do with limiting public comments, but only allowing the City Council an opportunity to speak to update the people what they are doing. Mr. Jaramillo felt there would be more hoops to jump through in order for people to be allowed to speak. He stated the recall movement is going forward. He did not think that Councilmember Gutierrez should try to hide or divert what is happening here because of what is happening over seas. Councilmember Williams stated the idea of changing the agenda was to better inform people of the protocol for speaking at the Council meeting, i.e., if they need special services, if they have something they want on an overhead projected they would know who to contact, etc. She stated it is just a simple way to expand on what is already being done to help the public and make this more open. She felt there was a huge amount of misinformation out there and felt this needs to be cleared up. C6. Pete Facio felt Councilmember Gutierrez's comments were inappropriate about relating the recall to the war. He stated he now has flashbacks from his service in Vier Nam. He talked about the police coming into his home and not giving him treatment when he needed it. He stated people should file a complaint if they have something against the Police Department. City Council Minutes March 19, 2003 Page 4 C7. Mary Jacob stated she has been living in Rancho Cucamonga for 14 years. She stated she has a complaint against Jim Markman, City Attorney, and quoted him from the last meeting relative to the family that is complaining about the Police Department. She stated she is concerned about what is happening and is concerned what she sees happening to this family and the Police Department. She does not think this family is being treated fairly. C8. Alicia Trujillo stated she is here to make a comment about Rochester Street being closed during baseball games. She felt businesses are losing business because of the streets closing. Mayor Alexander stated this is on the agenda later in the meeting, but stated he understands she is in favor of opening Rochester up. Ms. Trujillo stated that was correct. C9. Matthew Carrol stated he wants to discuss the Police Department misconduct and the comments made by the Council. He stated nothing has been done against the deputies that are harassing them. He stated his family is being ignored. C10. Brenda McKliman Facio stated she felt it was not acceptable for the City Attorney to snicker while other people are speaking. She commented on what he stated at the last meeting. She felt the Council hides behind the Brown Act when they don't want to do something. She stated this is serious and that no one is taking her seriously. Mayor Alexander stated the Council does take this very seriously and that there is an internal investigation going on. C11. A lady (did not give her name) stated she is the victim of the crime that everyone is talking about and stated she is scared to death. She stated the Police Department has been nothing but courteous and helpful to her. She stated she applauds the Police for what they have done. C12. John Lyons, Etiwanda, reminded everyone to support our troops. He stated he wanted to talk about the recall. He felt the Council was beholden to developers. He distributed information about Councilmember Gutierrez and presented a copy to the City Clerk, which is on file in the City Clerk's office. He talked about their recall packet and gave their hotline number (980-9035), ranchorecalLorg, P.O. Box 2641, Rancho Cucamonga 91729. C13. Melanie Ingrain stated she was pleased to hear the bio on Mr. Howdyshell earlier. She stated she is glad the first step of the recall process has been taken. She stated she is insulted by Councilmember Gutierrez's comments. She commented on what took place regarding the appointments of Robert Howdyshell and Donald Kurth. She commented on the newspaper article she read about wanting to change public communications within the agenda. Councilmember Williams stated this is not her intent, that this is to encourage speakers because they will be more informed how to go about speaking at the meetings. Ms. Ingram asked people to support and help the recall movement. James Markman stated he has been to about 3000 Council meetings in 30 years. He stated he is always proud when saying something in reference to the Police Department or the Sheriff's Department. He stated he is not sorry about what he said two weeks ago which was that the Sheriff's Department is not in a position to respond to what is said here and neither is the Council because there is an internal affairs investigation going on, which the Chief adjudicates it or makes a decision. He added there is a criminal prosecution that was in progress. He stated the City cannot comment on it if it is going to be adjudicated by a judge or jury. He said all he told the high school students was that because we don't respond, don't assume anybody agrees with any of the statements made. He City Council Minutes March 19, 2003 Page 5 said every time people get up here on this issue, he will have to remind them there is an investigation going on and it doesn't mean there is a problem with the Police Department. C14. Jennifer Brokes, Deputy District Attorney processing the James Carrol case, stated she cannot comment about it, but added a case has been filed against the defendant, Case No. FWV026800. She stated the defendant is facing nine counts, including receiving stolen property, possession of drugs for sale and possessing deadly weapons. She stated the stolen property is linked to thefts in our community from victims' homes, cars and garages. She stated the defendant is scheduled to have a preliminary hearing and then we will see if it goes to trial. She stated at the end of the trail she will be asking the jury to find the defendant guilty based on this evidence. A recess was taken at 9:11 p.m. The meeting reconvened at 9:27 p.m. with all Councilmembers present. D. CONSENT CALENDAR D1. Approval of Warrants, Register February 26 through March 10, 2003, and Payroll for the total amount of $4,376,344.84. D2. Approve to receive and file current Investment Schedule as of February 28, 2003. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Banyan Street Widening from Rochester Avenue to 2000' west, to be funded from Acct. No. 11763035660/1407176 (Measure "1" Funds). RESOLUTION NO. 03-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF BANYAN STREET WIDENING FROM ROCHESTER AVENUE TO 2000+ WEST IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to reject all bids received for the construction of the Fisher Drive Street Improvements from East Avenue to Mulberry Street as non-responsive to the needs of the City. D5. Approval of a request from Old Baldy Council Boy Scouts of America for Waiver of Rental Fees for their Scout-O-Rama at the Rancho Cucamonga Epicenter Soccer Fields on April 26 and April 27, 2003. D6. Approval of City Co-Sponsorship of the Inland Valley Daily Bulletin Ali-Star Game at the Rancho Cucamonga Epicenter Stadium on June 5th (practice game) and June 10, 2003 (game date). D7. Approval of the Resolutions approving and confirming the Engineer's Report and setting of public hearing for May 21, 2003, to levy the annual assessments for Fiscal year 2003/2004 for Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 and 10. No increase of assessment rate is proposed. City Council Minutes March 19, 2003 Page 6 RESOLUTION NO. 03-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10. NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 03-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, 9 AND 10 FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D8. Approval of Resolutions approving and confirming the Engineer's Report and setting of public hearing for May 21, 2003, to levy annual assessments for FY 2003/2004 for Street Lighting Maintenance Districts Nos. 1,2, 3, 4, 5, 6, 7, and 8. No increase of assessment rate is proposed. RESOLUTION NO. 03-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 03-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D9. Approval of Resolutions approving and confirming Engineer's Report and setting of public hearing for May 21, 2003, to levy annual assessments for FY 2003/2004 for Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 03-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED City Council Minutes March 19, 2003 Page 7 RESOLUTION NO. 03-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) FOR THE FISCAL YEAR 2003/2004 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D10. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00820, located at the southwest corner of Milliken Avenue and Azusa Court, submitted by Fairway Business Centre, LLC. RESOLUTION NO. 03-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00820 RESOLUTION NO. 03-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2002-00820 Dll. Approval of Map, Improvement Agreements, Improvement Securities, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract No. 16116, located at the southwest corner of Banyan Street and East Avenue, submitted by KB Home Greater Los Angeles, Inc., APN: 225-181-04, 06, 07, 08 and 43. RESOLUTION NO. 03-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16116, IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES RESOLUTION NO. 03-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16116 D12. Approval of an Agreement between the City of Rancho Cuoamonga and Ronald and Jane Geary, husband and wife, to acquire street right-of-way (CO 03-016). D13. Approval of an Amendment to Contract No. 01-018 with Nestor Traffic Systems regarding records retention for automated traffic signal violations. D14. Approval of an Agreement with California State University San Bernardino (CO 03-017) for participation in the State Work-Study Program. City Council Minutes March 19, 2003 Page 8 D15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $498,599.39 ($453,272.17 plus 10% contingency) to the apparent Iow bidder, Vance Corporation (CO 03-018), for the construction of the East Avenue Street Improvements from Banyan Street to north of 23rd Street, to be funded from Measure "1" Funds, Acct. No. 11763035650/1446176-0 ($320,478.64) and Mello-Roos (FS) Funds, Acct. No. 32835165602 ($178,120.75). D16. Approval to release Maintenance Guarantee Bonds for CUP 97-19, located on the northwest corner of Foothill Boulevard and Vineyard Avenue, submitted by American Stores Properties, Inc. D17. Approval to release Maintenance Guarantee Bond for Tract 14509, located on the east side of Hermosa Avenue, south of Wilson Avenue, submitted by ICSWH Hermosa, LLC, a California Limited Liability Company. D18. Approval to accept the construction of the Community Trail Fencing and PCC Curb along Summit Trail at south side of Summit Avenue east of Etiwanda Avenue, and along Hillside Trail, north and south of Hillside Road, west of Beryl Street, Contract No. 02-058 as complete, retain the Performance Bond as a Guarantee Bond, release Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $36,218.25. RESOLUTION NO. 03-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE COMMUNITY TRAIL FENCING AND PCC CURB ALONG SUMMIT TRAIL AT THE SOUTH SIDE OF SUMMIT AVENUE EAST OF ETIWANDA AVENUE, AND ALONG HILLSIDE TRAIL, NORTH AND SOUTH OF HILLSIDE ROAD, WEST OF BERYL STREET, CONTRACT NO. 02-058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to accept the Archibald Avenue and 19th Street, southwest corner, Landscape Improvements, Contract No. 02-068 as complete, retain the performance Bond as a Guarantee Bond, release Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $197,301.26. RESOLUTION NO. 03-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARCHIBALD AVENUE AND 19TH STREET, SOUTHWEST CORNER, LANDSCAPE IMPROVEMENTS, CONTRACT NO. 02-068 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for the Construction of Park Trash Enclosures. RESOLUTION NO. 03-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONSTRUCTION OF PARK TRASH ENCLOSURES AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes March 19, 2003 Page 9 E. CONSENT ORDINANCES No items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF AN APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17 - GOUGH - An appeal of the Planning Commission APPROVAL OF A REQUEST TO CONSTRUCT A 2,945 SQUARE FOOT SERVICE STATION WITH CONVENIENCE MARKET, DRIVE-THRU CARWASH, AND PUMP ISLAND ON l-ACRE OF LAND IN THE community Commercial District (Subarea 2), of the Foothill Boulevard Districts, located on the south side of Foothill Boulevard, west of Vineyard Avenue - APN: 207-211-12 and 13. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM MARCH 5, 2003 - REQUEST TO CONTINUE TO APRIL 2, 2003) Jack Lam, City Manager, stated there is a request to continue this to April 2, 2003. RESOLUTION NO. 03-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17, REQUESTING TO CONSTRUCT A 2,945 SQUARE FOOT SERVICE STATION WITH CONVENIENCE MARKET, DRIVE THRU CARWASH, AND PUMP ISLAND ON 1-ACRE OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD WEST OF VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 207-211-12 AND 13 MOTION: Moved by Kurth, seconded by Howdyshell to continue the item to April 2, 2003, 7:00 p.m. in the Council Chambers at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT GPA2002-00001 - FRAZIER GROUP - A request to change the General Plan land use designation within Subarea 1 of the Foothill Districts from Office to Mixed Use to allow for Office and Medium-High Residential (14-24 dwelling units per acre) for 7.24 acres of land on the north side of Foothill Boulevard, west of the Cucamonga Channel. The City will also consider Mixed Use to allow for Office and Medium Residential (8-14 dwelling units per acre) as an alternative for the entire site - APN: 207-101-32, 33, and 50. Related flies: Pre-Application Review DRC2002-00450, Preliminary Review DRC2002-00589, Development District Amendment DDA2002-00001, and Development Code Amendment DCA2002- 00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DDA2002-00001 - FRAZIER GROUP - A request to change the Development Distdct zoning designation within Subarea 1 of the Foothill Districts from Office to Mixed Use to allow for Office and Medium-High Residential (14-24 dwelling units per acre) for 7.24 acres of land located on the north side of Foothill Boulevard, west of the Cucemonga Channel. The City will also consider Mixed Use to allow for Office and Medium Residential (8-14 dwelling units per acre) as an alternative for the entire site - APN: 207-101-32, 33, and 50. Related Files: Pre-Application Review DRC2002- 00450, Preliminary Review DRC2002-00589, General Plan Amendment GPA2002-00001, and Development Code Amendment DCA2002-00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. City Council Minutes March 19, 2003 Page 10 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DCA2002-O0001 - FRAZIER GROUP - A request to add a Mixed Use zoning designation description to Sections 17.08.030.F and 17.32 of the Development Code to allow for Office and Medium-High Residential (14-24 cl,,,,~lling units par acre) for 7.24 acres of land located on the north side of Foothill Boulevard, west of the Cucamonga Channel. The City will also consider Mixed Use to allow for Office and Medium Residential (8-14 dwelling units par acre) as an aifemative for the entire site - APN: 207-101-32, 33, and 50. Related Files: Pre-Application Review DRC2002-00450, Preliminary Review DRC2002-00589, General Plan Amendment GPA2002-000011, and Development District Amendment DDA2002- 00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Warren Morelion, Assistant Planner. Mayor Alexander opaned the meeting for public hearing. Addressing the City Council were: Khosrow-Omidvar, proparty owner, stated they have been working with staff for the last twelve months and supports the staff's recommendation. Chuck Buquet stated he is very disappointed to see the decorum of the meetings has detedorateq. He stated he wasnl sure if the owner agrees with the Planning Commission's recommendation. He stated he agrees with the mixed use, but added his coneem is changing this and not having a project to go along with it. He felt the Council should make this very clear what this change will mean. He stated there is a covenant that states there has to be a senior project at this site. He urged support of this project. There being no furlher comments, the public hearing was clesed. RESOLUTION NO. 03-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GPA2002-00001, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT AND MAP PROVISIONS FROM OFFICE TO MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33, AND 50 MOTION: Moved by Kurth, seconded by Gutierrez to approve Resolution No. 03-074. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 702 and 703. ORDINANCE NO. 702 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DDA2002-00001, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM OFFICE TO MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33 AND 50 City Council Minutes March19, 2003 Page 11 ORDINANCE NO. 703 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DCA2002-00001, A REQUEST TO ESTABLISH A MIXED USE DISTRICT TO ALLOW FOR MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND OFFICE USES, OR MEDIUM-HiGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND OFFICE USES WHEN DEVELOPED IN CONJUNCTION WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), WITH ACCOMPANYING DEFINITIONS, PROCESSING PROVISIONS, AND DEVELOPMENT STANDARDS, BY AMENDING SECTIONS 17.08 AND 17.32 OF THE CITY OF RANCHO CUCAMONGA'S DEVELOPMENT CODE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33 AND 50 MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance Nos. 702 and 703 for the April 2, 2003 meeting. Motion carried unanimously 5-0. F3. DEVELOPMENT CODE AMENDMENT DRC2003-00031 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.32 (Foothill Boulevard Districts) of the Rancho Cucamonga Development Code, permitting private school uses within all four subareas and modifying the requirements for public hearing notices within the Foothill Boulevard Districts to a 300-foot radius of proposed projects. Staff report presented by Mike Smith, Planning Technician. 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. 704. ORDINANCE NO. 704 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00031, AMENDING SECTION 17.32 (FOOTHILL BOULEVARD DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, PERMITTING PRIVATE SCHOOL USES WITHIN ALL FOUR SUBAREAS AND MODIFYING THE REQUIREMENTS FOR PUBLIC HEARING NOTICES OF THE FOUR SUBAREAS OF THE FOOTHILL BOULEVARD DISTRICTS TO A 300- FOOT RADIUS OF THE PROPOSED PROJECT MOTION: Moved by Williams, seconded by Howdyshell to waive full reading and set second reading of Ordinance No. 704 for the April 2, 2003 meeting. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No Items Submitted. City Council Minutes March 19, 2003 Page 12 H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO FILE AN APPLICATION FOR THE SPECIFIED GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR THE DEVELOPMENT OF CENTRAL PARK Staff report presented by Kevin MoArdle, Community Services Director. Councilmember Kurth inquired about the square footage. Kevin McArdle, Community Services Director, stated approximately 51,000 square feet. Councilmember Gutierrez thanked Mr. McArdle and all of his staff for their work. Councilmember Howdyshell concurred. Councilmembers Williams and Kurth felt this was a very exciting project. RESOLUTION NO. 03-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION TO FILE FOR THE SPECIFIED GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 03-075. Motion carried unanimously 5-0. H2. CONSIDERATION OF GRANT AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY (CO 03-018) AND THE CITY OF RANCHO CUCAMONGA Staff report presented by Deborah Clark, Library Director. Councilmember Gutierrez stated he was proud of the work everyone has done on this. Councilmember Howdyshell stated everyone has done a great job. Councilmember Kurth stated he values education for the children and that this is a core value of the City. Councilmember Williams stated she echoed what everyone has said and that it was the core of the City. MOTION: Moved by Howdyshell, seconded by Kurth to approve the Grant Agreement. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. PRESENTATION BY THE WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT REGARDING POSSIBLE ANNEXATION INTO THEIR DISTRICT Jack Lam, City Manager, stated they could not be present tonight, and that staff will continue looking at other options for service. City Council Minutes March 19, 2003 Page 13 Councilmember Williams added that Duane Baker, Assistant to the City Manager, gave a presentation at the LAFCO meeting, which was very informative. 12. CONSIDERATION OF OPTIONS FOR TRAFFIC CONTROL ON ROCHESTER AVENUE DURING QUAKES BASEBALL GAMES Staff report presented by Kevin McArdle, Community Services Director. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Pat Filippone and Chris Bitters, Quakes, stated they are wanting to keep things like they currently are. He stated employee safety is not addressed in the recommendation. He felt the street needs to be closed when 2,000 tickets are sold. He felt if the street is open it would be hard to get in before the game starts and after it is over. He stated they have never seen any documented complaints. He added they would like to utilize the parking lot to its fullest. He stated all stadiums have road closures around them. Councilmember Kurth stated he understands there is a problem with the Masi Plaza businesses because of the ingress and egress. He stated they do what they can to help and maintain the businesses in that center. Councilmember Gutierrez asked where the barricades are placed. Mr. Filippone stated they do not block the entrance into Masi Plaza. Councilmember Gutierrez stated he did not see why the street can't stay closed on Friday, Saturday and Sunday below Sebastian. Chris Bitters talked about the parking for the games. Mayor Alexander stated this is more than what is convenient for the Quakes and Masi Plaza, and felt the community needs to be taken into consideration also. Councilmember Howdyshell asked if this can't be looked at and possibly close it during certain times prior to the game starting, open it during the games, and then close it when the game ends. Mr. Filipone stated they would like to leave it at status quo. Councilmember Williams felt there should be some permanent signage that states Rochester is closed on the weekends. She felt something like this should be looked at before opening day. Sal Bruguglio, representing Masi Plaza, stated they support staff's recommendation. He stated the "Mom and Pop" operations are hurting by Rochester closing. He asked that it be re-opened and to do a study in 60 days to see how it is going. Councilmember Gutierrez suggested the signs warning of the closure be left on Arrow and removed from Foothill. He felt if the barrier is south of Sebastian it should not hurt the Masi businesses. Dora Milloros, Manager of Denny's, stated their business is hurt by 40% when the street closes. She talked about how the traffic flows at California Speedway. She felt the street should be opened and stated she liked the closure schedules as identified by Councilmember Gutierrez. Rosell Newbell, Building Industry Association, felt the policy needed to be changed so that the street is opened up. City Council Minutes March 19, 2003 Page 14 John Lyons stated he liked the street being opened, but felt it should be closed while people are getting into the stadium. Pat Filippone stated they would like things to remain status quo. Councilmember Kurth suggested that Mr. Filippone work with the Masi business owners and come up with something that is agreeable to all. MOTION: Moved by Alexander, seconded by Williams for the City staff, Masi representatives, BIA representatives and representatives from the Quakes, including Councilmembers Williams and Gutierrez to sit down and come up with a resolution with a report to come back at the April 2 meeting. Motion carried unanimously 5-0. 13. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 14. DISCUSSION AND APPROVAL OF CITY COUNCIL SUBCOMMITTEES MOTION: Moved by Williams, seconded by Kurth to approve the subcommittees as submitted. Motion carried unanimously 5-0. 15. CONSIDERATION TO IMPLEMENT THE UPDATED AGENDA FORMAT Staff report presented by Debra J. Adams, City Clerk MOTION: Moved by Kurth, seconded by Howdyshell to approve the recommended changes. Councilmember Williams informed everyone about the survey she did to find out how other cities do their agenda formats. She told about the process she went through and stated it is not an intent to limit anything. Rudy Jaramillo stated he appreciates the clarification, but felt if something isn't broken, don't fix it. Motion carried unanimously 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes March 19, 2003 Page 15 L. ADJOURNMENT MOTION: Moved by Kurth, seconded by Howdyshell to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 11:20 p.m. Respectfully submitted, Approved: April 16, 2003