Loading...
HomeMy WebLinkAbout2003/04/02 - Minutes April 2, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. C^LLTo ORDER I A regular meeting of the Rancho Oucamonga City Council was held on Wednesday, April 2, 2003, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Oucamonga, California. Mayor William J. Alexander called the meeting to order at 7:10 p.m. The Veterans of Foreign Wars Post 8680 posted the colors and lead the Pledge of Allegiance. Mayor Alexander asked for a moment of silence in honor of those serving in the military that are risking their lives. Robin Bailey told about a USO sponsored volunteer effort to collect donations for members of the military serving in the Gulf region. She stated care package items will be collected within the next two weeks so they can be sent down to San Diego to go through the USO. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Bill Curley, Assistant City Attorney; Linda D. Daniels, RDA Director; Mike Nelson, Sr. RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Brad Buller, City Planner; Tom Grahn, Associate Planner; Trang Huynh, Building Official; Mark Salazar, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Bea Smiderly, Community Services Technician; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager; Captain Pete Ortiz, Rancho Cucamonga Police Department; Lt. Val Tanguay, Rancho Cucamonga Police Department; Sandy Fatland, Crime Prevention - Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. B1. Presentation of a Proclamation declaring April as "Child Abuse Prevention Month." Mayor Alexander presented the Proclamation to Susan Melanson. Ms. Melanson informed everyone about their program and thanked the City for its support. B2. Presentation of a Proclamation declaring week of April 6-12, 2003, as "National Library Week." The City Council each read a portion of the Proclamation that was presented to Ray Wimberly, President of the Library Board. City Council Minutes April 2, 2003 Page 2 B3. Jack Lam, City Manager, invited everyone to attend the ground breaking of the new fire station on April 8 at 10:00 a.m. to be held on East Avenue, north of 23r~ street. [[ C. PUBLIC COMMUNICATIONS C1. Aubrey Campbell talked about his family and how proud of them he is. He told how he participated in the building of A B Miller High School in Fontana where Steve Jennings works. He stated the high school kids at the last meeting congratulated him for saying what he did about the recall at the last meeting. C2. Cindy Ronne, American Cancer Society, informed the Council about a fund raising event they will have on May 17 - 18 at Chaffey High School. She invited everyone to the relay event to take place on May 17 at 9:00 a.m. She can be reached at 987-8854. C3. Gwyn Frost stated she went to the Planning/Historic Preservation Commission meeting last week and that they had a tree ordinance issue on the agenda. She talked about the inception of the tree ordinance and the importance of it. C4. A male who did not give his name, stated they are very grateful for the fire station to be built and thanked the Council for this. C5. Guy Eisenbrey talked about the "Every 15 Minutes" program and how beneficial it was to the students. He stated it has a real impact on the campus and reinfomes anti-drinking. C6. Rudy Jaramillo stated he was present at the last meeting regarding the recall. He stated they are not backing any particular candidate and just wanted to have the right to vote as to who would represent the City. He stated they demand respect from the Council and felt the right to vote needs to be reinforced. He felt the Council has ignored the comments made by people that spoke back in December when the Council was considering how to handle the vacancies. C7. John Lyons, Etiwanda, wanted everyone to support the troops overseas. He stated the recall committee published the "Notice of Intent to Recall" in the newspaper today. He stated he does feel Councilmembers Williams and Gutierrez violated the Brown Act. He felt they met in secret and took action. He mentioned that Mike Ramos, the new District Attorney for San Bernardino County, wants to establish a public integrity unit and hoped he would do that in Rancho Cucamonga. He stated the recall committee can be contacted at P.O. Box 2641, Rancho Cucamonga 91729, or by phone at 980-0935 and at ranchorecall.org. He asked everyone to support the recall. He stated they want to get this on the ballot so everyone can make their own decision. C8. Mark Mooney, Rancho Cucamonga resident for 16 years, wanted to thank the Council and City Manager for acting so promptly on the new fire station. He asked if any decision had been made to hire the new fire fighters and also asked if there was any decision on the temporary facility for the eastern portion of the City. Councilmember Kurth stated he and the rest of the Council appreciated everyone's comments at the last meeting and how important public safety is to the City. Chief Michael stated they are completing the hiring of the new fire fighters. He hoped they would be ready for service in August after they have had academy training. He reported they are evaluating a couple of temporary locations that can be used until the new station is ready. City Council Minutes April 2, 2003 Page 3 Councilmember Williams inquired of Joe O'Neil, City Engineer, when Banyan will go all the way through. Joe O'Neil, City Engineer, stated it would take about 30 to 60 days and that it would be widened also. Councilmember Williams stated this should also help for emergency services in this area. Chief Michael stated East Avenue will also be widened which will help the situation. C9. Leslie Grimes felt there was a misunderstanding about agendizing something because what she meant by this was to have Mr. Howdyshell and Mr. Kurth give their visions about the City so people could have the opportunity to hear them. She stated she didn't like speaker cards and mentioned the system Upland has. She stated she is concerned about the Victoria Arbors electricity project. She stated she would like to find out additional information on this. She asked for clarification from Councilmember Williams that all business would not get any reduced rate on their electricity and that everyone would pay the same as other businesses in Rancho Cucamonga and that this rate would be the same as Edison's rate. Councilmember Williams stated this is her understanding. Ms. Grimes stated it was her understanding that one of the benefits would be to offer reduced rates to the tenants and thereby producing more tenants for the mall. Jack Lam, City Manager, stated anyone that wants information on this project can get it from Joe O'Neil, City Engineer. Ms. Grimes stated she felt it was better for this to be discussed at the Council meetings on television so that everyone does not have to come down to the City Hall to get it. She stated this would be easier for everyone. Jack Lam, City Manager, stated in answer to her question on anyone getting a "deal" on electrical rates, that information was incorrect. He stated it has always been the plan to mirror Edison's rates. He stated this project would be a way for the City to build funds. Ms. Grimes stated she would like to see special meetings posted on the Internet as the regular meetings are and asked for them to be posted at least four days prior to the meeting. She stated this could allow for more public input as well. She stated she would like for the City to get more involved with making sure the Colonies Project does not affect the water for Rancho Cucamonga. She stated this project does affect the residents of Rancho Cucamonga and that if the water rates do go up it will affect the residents as well as the City unless the City gets its water from some other place. She hoped the Council would make sure the water rates do not go up. She continued to talk about Proposition 50, with funds to go to clean water, purchasing property for protection and preservation and not to be a slush fund for developers such as the Colonies to use to fix the water problem they are creating. C10. Carl Silsby talked about the Victoria Arbors project. He commented about a newspaper article he read which indicated the electricity issue would be on the April 2 agenda. He added he has since learned this will not be heard until the April 16 meeting. He stated he has copies of the consulting report. He talked about utility de-regulation. He stated he does not think the City can absorb the ups and downs of revenue. He felt there were significant risks to the City if they go forward with this. Cll. Jennifer Strane stated she was upset by remarks made by the City Attorney at the last meeting. She felt he was rude and was disturbed. City Council Minutes April 2, 2003 Page 4 C12. Steve Rentoria stated even though the utility issue was not on the agenda, he still wanted to speak on it. He felt this was a large decision the City would be making because of the financial impact. He asked if at the April 16 meeting would the City be going forward with this project. He felt this is something the residents should be able to vote on. He stated he didn't think minutes were on the agenda in a timely manner and posted on the Internet as soon as they should be. C13. Rossell Newbell felt this was one of the finest cities. He stated he is a volunteer of the City. C14. Melanie Ingram felt if people are going to call A B Miller High School about Steve Jennings, they should call Donald Kurth's and Robert Howdyshell's place of employment also. She stated she was disappointed about the responses written by Williams, Gutierrez, Howdyshell and Kurth pertaining to the "Notice of Intent to Recall" and continued to comment on those. She added this recall is about the ability to vote. She stated they want open government and that they do not support any candidates at this time. C15. Jim Frost, City Treasurer, stated he wants to talk about the recall and talked about the process of the recall. He added he did not think this would be ready for the November ballot if the petitions qualify after 160 days. He continued to talk about how the vote would go and how candidates would have to run for a City Council seat. He stated he has concerns about the recall election for several reasons. He continued to talk about information on a flyer against Rex Gutierrez where the City Treasurer's office is quoted. It states that Rex Gutierrez has cost the City of Rancho Cucamonga and its taxpayers hundreds of thousands of dollars. It stated that Mr. Gutierrez never repaid this money back to the City for his unethical behavior while holding public office. He stated no one in the City Treasurers office has ever said anything like this and that he is personally insulted that his office was used as a conduit for such lies and extortion. He stated he is embarrassed that the voting public is perceived as ignorant as to believe everything they read in flyers such as these. C16. Dan Newman talked about Millken going from three lanes to two when heading southbound near Fourth Street. He felt the City should address this and provide better direction for people. He stated the gate is left open on the east side of Los Osos and that people are dumping at this site. He asked that the gate be locked and the trash removed. Mayor Alexander stated this would be looked into. Mr. Newman stated he lives in Vintage Highlands on Hilltop Court and added they get a lot of power outages and hoped that something could be done so they do not totally lose their power. Mayor Alexander stated the power issue is part of Edison, but that the City would check into it. Joe O'Neil, City Engineer, added the intersection at Fourth and Milliken will be redone in approximately six to eight months and everything will be a lot better. D. COUNCIL COMMUNICATIONS D1. Councilmember Gutierrez stated he wanted to update everyone what he has been working on. He mentioned the fire station and the work done by the fire district. He stated he went with Brad Buller, City Planner, to the Etiwanda area regarding historical issues. He talked about a presence of open space at the north end of the City, which will benefit all of us. He stated freeway noise mitigation is still ongoing. He talked about check out street lamps that are burned out. He stated in south Cucamonga vendors are starting to be a problem and that the codes need to be enforced for this situation. City Council Minutes April 2, 2003 Page 5 D2. Councilmember Williams stated she feels the City Clerks' office has done a great job with changing the agenda and stated Ms. Grimes inspired her to look at other cities' agendas where she came up with the "Council Communications" section. She complimented the City Council Meeting Guide stating it was an excellent document for the public. She stated she has seen speaker cards work well, but didn't know they were abused in some places. She talked about the Alta Loma Junior High School gymnasium dedication that she attended. She added the City is a partner in that project and felt it was a great thing. She stated she attended the Sr. Follies and what a great event this was. She commended the Cucamonga Cooks for their line dancing. She congratulated everyone who performed, etc. in the Library Telethon and that because of them we have a new book mobile. D3. Councilmember Kurth thanked Jim Frost for his comments. He stated everyone has a right to say what they want whether positive or negative. He stated the Council likes to hear people's comments. He commented on the freeway noise problem and stated the Council is doing what they can to help with this. He stated the presentation on child abuse touched his heart and felt everyone should do what they can to help this problem. He also commented on the book mobile and how wondedul it was. He encouraged everyone to use the book mobile and the library. E. CONSENT CALENDAR El. Approval of Minutes: March 5, 2003 (Howdyshell absent) March 10, 2003 (Special Meeting) Mamh 14, 2003 (Special Meeting) E2. Approval of Warrants, Register March 11 through March 25, 2003, and Payroll March 11 through March 25, 2003, for the total amount of $2,391,847.68. E3. Approval to authorize the advertising of the "Notice Inviting Bids" for Citywide Street Name Sign Replacement, Phase I, to be funded from Acct. No. 1025001-5300. RESOLUTION NO. 03-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE STREET NAME SIGN REPLACEMENT, PHASE 1, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Heritage Park Storage Shed Project, to be funded from Acct. No. 11203055650/120712-0. RESOLUTION NO. 03-077 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS FOR THE HERITAGE PARK STORAGE SHED IN SAID CITY E5. Approval to authorize the advertising of the "Notice Inviting Bids" for FY 2002/2003 Local Street Pavement Rehabilitation - Overlay of Various Streets, to be funded from Acct. Nos. 11763035650/1022176 (Measure "1"), 118230305650/1022182 (AB 2928, 11703035650/1022170 (Gas Tax). City Council Minutes April 2, 2003 Page 6 RESOLUTION NO. 03-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF FY 2002/2003 LOCAL STREET PAVEMENT REHABILITATION IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval to authorize the advertising of the "Notice Inviting Bids" for Phase lB of Community Facilities District 2001-01 to be funded from Acct. No. 16123035650/1442612-0 and Phase 3B of Community Facilities District 2003-01 from Acct. No. 16143035650. RESOLUTION NO. 03-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR PHASE lB OF COMMUNITY FACILITIES DISTRICT 2001-01 AND PHASE 3A OF COMMUNITY FACILITIES DISTRICT 2003-01, CONSISTING OF STREET, STORM DRAIN, LANDSCAPING AND TRAFFIC SIGNALS, IN SAID CITY, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E7. Approval of a Request to Summarily Vacate an Easement for Construction Purposes, V-193, located between 4th Street and 6TM Street, along the west side of Milliken Avenue - APN: 210-082-47, 60, 61. RESOLUTION NO. 03-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR CONSTRUCTION PURPOSES - APN: 210-082-47, 60, 61 E8. Approval of a Request to Summarily Vacate Excess Street Right-of-Way along the west side of Center Avenue fronting the property located at 9180 Center Avenue; V-190 - APN: 209-261-28. RESOLUTION NO. 03-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY ALONG THE WEST SIDE OF CENTER AVENUE FRONTING THE PROPERTY AT 9180 CENTER AVENUE E9. Approval of IBM hardware and software annual maintenance agreements with IBM for FY 2003/2004 in the amount of $48,178.00 from Acct. No. 1001-209-5300. El0. Approval and authorization of a single source vendor selection for the completion of an irrigation retrofit project from Mariposa Horticultural Enterprises, Inc., in the amount not to exceed $37,000, to be funded from Acct. No. 1110316-5650/1119110-0. Ell. Approval of Professional Services Agreement with AEF System Consulting, Inc., (CO 03-021), appropriated from RDA Acct. No. 26508015300 in the amount of $25,000 for Technical Needs Assessment Consulting Services for the City of Rancho Cucamonga Cultural Art Center and Central Park Projects. City Council Minutes April 2, 2003 Page 7 E12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $147,020.50 ($133,655.00 plus 10% contingency) to the apparent Iow bidder, All American Asphalt (CO 03-022), for the Construction of Lemon Avenue Street Rehabilitation from Beryl Street to Amethyst Avenue, to be funded from Measure "1" Funds, Acct. No. 11763035650/1411176-0. E13. Approval to award and authorize the execution of the Professional Services Agreement for Temporary Contract Inspection of Various Citywide Capital Improvement Projects to Aufbau Corporation (CO 03-023) in an amount not to exceed $120,000.00, to be funded from Capital Improvements Funds, Accts. 11703035300 (Contract Services), 10013045300 (Contract Services) and 10013045306 (CFD). E14. Approval of an increase to the Professional Services Agreement for Oracle and SQL Database Consulting with Prudence Huang (CO 03-024) from the original amount of $15,600 to $22,000 from Acct. No. 1001-209-5300. E15. Approval for a contract for a Police Department telephone relocation project and City's telephone switch and network upgrade with NEC, Inc., (CO 03-025) utilizing a California Multiple Award Schedule (CMAS), Contract #3-98-00-0226a, appropriated and funded from Fund 2624-801-5325 in the amount of $71,000 and from the City's reserve Fund 1712-001-5300 in the amount of $110,545. E16. Approval of a contract amendment to extend the contract for U.S. Guards, Inc. (CO 01-060) to June 30, 2003; authorize additional expenditures from Acct. No. 1001312-5304 ($6,250), 1001312-5300 ($42,400) and 1700201-5304 ($29,350) to cover this contract period and extra work; and approve and authorize security coverage at the library in the amount of $11,000, to be funded from Acct. No. 1290601 o 5300. E17. Approval to release the Maintenance Bond for DR 00-73, located on Charles Smith Avenue, south of Sixth Street to terminus of Rochester Court, submitted by Paragon Rochester, LLC. E18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Parcel Map 15536, submitted by Fairway Palms LLC, located on the south side of Fifth Street, west of Milliken Avenue. RESOLUTION NO. 03-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15536 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to release the Maintenance Guarantee Bond No. 6023277-M in the amount of $781,550.69 for the Foothill Boulevard Median Improvements Phase II, Deer Creek Bridge Widening and Storm Drain Project, Contract No. 00-014. E20. Approval to release the Maintenance Guarantee Bond No. SB0066334 in the amount of $255,039.15 for the Lower Hermosa Storm Drain and Street Widening, Phase I, Contract No. 00-078. E21. Approval to release the Maintenance Guarantee Bond No. 6064652 in the amount of $167,919.00 for the Metrolink Station Expansion, Phase II, Contract No. 00-096. E22. Approval to release the Maintenance Guarantee Bond No. 6064654 in the amount of $52,896.00 for the Civic Center East Parking Lot Expansion, Contract No. 01-022. E23. Approval to release the Maintenance Guarantee Bond No. FC910600036 in the amount of $14,209.30 for the Red Hill Park Storage Building and Storage Shed and the Heritage Park Storage Shed, Bid Alternate No. 2 (Buildings A & B), Contract No. 01-055. City Council Minutes April 2, 2003 Page 8 E24. Approval to release the Faithful Pedormance Bond No. 929202598 in the amount of $554,281.00 for the Lower Hermosa Avenue Phase I Utility Underground and Street Light Improvements from 4th Street to approximately 350 feet south of 8th Street, Contract No. 01-089. E25. Approval to release the Maintenance Guarantee Bond No. FS6629491 in the amount of $6,247.83 for the Banyan Street Right Turn Lane west of Milliken Avenue, Contract No. 01-100. E26. Approval to release the Faithful Performance Bond No. 83SB103563499 BCM in the amount of $184,424.10 for the 6th Street Pavement Rehabilitation from Hellman Avenue to Amhibald Avenue, Contract No. 01-101. E27. Approval to accept the Construction of the Arrow Route Pavement Rehabilitation from Grove Avenue to Baker Avenue, Contract No. 02-050, as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $276,980.10. RESOLUTION NO. 03-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE PAVEMENT REHABILITATION FROM GROVE AVENUE TO BAKER AVENUE, CONTRACT NO. 02-050, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. II F. CONSENT ORDINANCES I Fl. 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 files: 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 District 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 par acre) for 7.24 acres of land located on the north side of Foothill Boulevard, west of We Cucamonga Channel. The City will also consider Mixed Use to allow for Office and Medium Residential (8-14 dwelling units par acre) as an altemative 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 DCA2.002- 00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. City Council Minutes April 2, 2003 Page 9 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DCA2.002-00001 - FRAZIER GROUP - A request to add a Mixed Use zoning designation descd¢on to Sections 17.08.030.F and 17.32 of the Development Code 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 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 Files: Pre-Application Review DRC2002-00450, Preliminary Review DRC2002-00589, General Plan Amendment GPA2.002-000011, and Development DistriCt Amendment DDA2.002- 00001. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 702 and 703. ORDINANCE NO. 702 (second 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 ORDINANCE NO. 703 (second 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 Williams, seconded by Kurth to waive full reading and approve Ordinance Nos. 702 and 703. Motion carried unanimously 5-0. F2. 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. Debra J. Adams, City Clerk, read the title of Ordinance No. 704. City Council Minutes April 2, 2003 Page 10 ORDINANCE NO. 704 (second 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 Kurth to waive full reading and approve Ordinance No. 704. Motion carried unanimously 5-0. Gl. CONSIDERATION OF AN APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17 - COUGH - 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 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 - APN: 207-211-12 and 13. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM MARCH 5, 2003) Staff report presented by Brent LeCount, Associate Planner. He mentioned various pieces correspondence had been distributed and is on file in the City Clerk's office. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Paul Gough, representing the appellant, stated the City is saying no EIR is required, which would not allow his public comment. He felt public comment on an EIR is very important. He stated noise will affect the residents in this area and stated they are significant concerns. He felt the car wash would be very noisy. He brought up that bright lights and view impairment would have been part of an EIR. He felt this project will have an adverse impact on the area. He asked that the Council reconsider this. He stated there is no need for a third service station on Foothill. He talked about the impacts of more service stations to the already established service stations in the City. He asked for those people who oppose the Chevron station to please stand up. He pointed out there was a substantial number of people who opposes this project. They submitted a petition with 200+ signatures that are against this project. He felt an EIR should be done so everyone's opinion can be heard. Maury Flores, son of people that Mr. Cough represents, stated they are concerned about this station and stated they do not need a third gas station in this area. He told about the impact the 210 Freeway has on their station and stated the Chevron station will hurt business operators that have been in the community for a long time, including his family's business. He asked that this project be reconsidered and not be approved. City Council Minutes April 2, 2003 Page 11 Jason Dustrath, Cucamonga Ridge, stated he did not know when he bought his home in this area that there would be a gas station going in. He did not see any need for a fifth station within a mile of each other. He did not like this station open 24 hours. He asked that this project not be approved. He stated this is a safety issue for him. Leslie Grimes commented on the amount of development going in around the wash area and was concerned about flooding because the flood control areas are being built on. David Statton, 8743 Pineview, stated he was not aware that a 24-hour convenience market and car wash would be going in at that location. He stated there is nothing other than the flood control channel to separate that project from the model homes of his neighborhood. He felt there were substantial environmental impacts attached to this project. He felt this was an incompatible land use. Betty Horton, 8167 Vineyard, stated this is the second disappointment of government not looking out for the citizens. She commented on the furnaces not being safe and now felt this gas station does not go with the City's image of grape vineyards and bedroom community. She stated quality of life is important to her and that another gas station does not fit into her lifestyle. Richard Sanchez, 8167 Vineyard, mentioned he had hoped there would be a project built that would improve his property value, but did not think another gas station was needed at this location. Zabidab Kamau, Cucamonga Ridge, stated this project is of concern to her and her husband and felt they would be impacted by the lights and noise. She felt this would hurt their dream and did not feel this was safe. Gil Rodriguez, Jr., builder and developer of this project, stated it is disheartening to hear these comments. He felt Mr. Flores has misinformed people about the project. He stated they have had neighborhood meetings with very poor attendance. He stated he has told people to call him with their concerns, but that he has not had any calls. He stated they have not tried to get around the rules or laws of this City in order to get their project built. He felt this project has been thought out, he has invested a lot of money and that it was a superb location. He stated they want to be a good neighbor to everyone. Mike Lucy, property specialist for Chevron Company, stated he has been developing stations since 1983. He stated he has designed several stations in Rancho Cucamonga. He stated they are doing this because it is a growing area and service is needed. Gil Rodriguez, Sr., stated he has been coming to City Council and Planning Commission meetings since its incorporation. He stated no one ever came to a Planning Commission meeting to oppose this project. He talked about his dealings with Mr. Flores and George Mentor. He stated this is a decision for the City Council to make. He felt the City should look at the economic impacts and the environmental issues. There being no further response, the public hearing was closed. Councilmember Gutierrez asked why was an EIR not done. Brad Buller, City Planner, advised there was not enough evidence to warrant it and added there has not been much comment from residents in the area. He stated they did a sound study and environmental reviews and that it was found this is not an environmental impact. He stated the hours of operation are a concern, but that there is no evidence that an EIR is needed. He mentioned the developer of the homes near this project did know about this proposed project. He stated the required legal notices were sent out to the residents and that staff has done everything they can to notify people about this. City Council Minutes April 2, 2003 Page 12 Councilmember Howdyshell inquired if there is any mitigation for the noise situation. Brad Bullet, City Planner, stated on page 409 of the agenda packet there is a list of mitigations that the Planning Commission came up with. He asked Brent LeCount to talk about the noise study. Brent LeCount, Associate Planner, talked about the nose levels that were recorded. He added the applicant will be using the most quiet equipment possible for the car wash. Councilmember Howdyshell inquired about the light restrictions. Brent LeCount, Associate Planner, stated there are requirements for this also. Brad Buller, City Planner, stated any time the neighbors feel the tenants of this project are not being a good neighbor, they can come back to the City if they feel any of the mitigation standards are being violated. Councilmember Gutierrez felt it was interesting that people used to say there were not enough gas stations in the City and now they are saying there are too many. He feels bad that people living in this area did not hear about it sooner. He stated he does not feel this is an issue of an EIR, but that there is an issue of a business not wanting the competition. Councilmember Williams asked about the traffic on that corner. Joe O'Neil, City Engineer, stated Foothill will be widened and also Vineyard. He stated they are comfortable with this aspect. Mayor Alexander asked if the Planning Commission went over all of this information. Brad Buller, City Planner, stated yes that the developer would even say they went overboard on the information provided. Mayor Alexander stated he does not see this as being negative and brought up that CUP's can be revoked. Councilmember Kurth stated he knows this project has been talked about for over ten years, and felt it should be developed. He felt this was going to be an improvement. He hoped the people would not be unhappy with this because he felt it was a good project. Councilmember Williams reiterated if there is something with the operations that need to be adjusted, that people need to know they can come back to the City about this. City Council Minutes April 2, 2003 Page 13 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 TIlE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD WEST OF VINEYARD AVENUE, ADOPTING A REVISED AND RE-CIRCULATED MITIGATED NEGATIVE DECLARATION, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 207-211-12 AND 13 MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution No. 03-058. Motion carried unanimously 5-0. Brad Buller, City Planner, added staff will continue to invite residents to look at the plans and explain the project to them. A recess was taken at 10:03 p.m. The meeting reconvened at 10:21 p.m. with all Councilmembers present. G2. CONSIDERATION OF A PROPOSED AMENDMENT TO THE 2002-2003 ANNUAL ACTION PLAN - A proposed amendment to the 2002-2003 Annual Action Plan to increase the level of funding to a historic preservation activity funded through the Community Development Block Grant (CDBG) program. G3. CONSIDERATION OF THE DRAFT ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2003-2004 - A review of the federally-required Consolidated Plan Annual Action Plan for Fiscal Year 2003-2004, including the preliminary selection of projects for the CDBG annual application, based on a new grant allocation of $1,170,000. Staff report presented by Tom Grahn, Principal Planner. Mayor Alexander opened the meeting for public hearing on both items. Addressing the City Council were: Reverent LaQueeta Bush-Simmons, Hope Through Housing Foundation, stated their purpose is to break the bondage of poverty. She stated she wants to help Iow income housing families. She stated she needs the City's help to meet her goals. The City Council asked questions about the services she provides. Mariam Gandel, Foothill Homeless Shelter, told about the service they provide and asked for the Council's support. Regina (no last name given), talked about the service that Hope Through Housing Foundation has offered and assisted her with. She stated they have helped her with a lot of things in her personal life also. City Council Minutes April 2, 2003 Page 14 Birdie Munoz, House of Ruth, wanted to thank the City for the funding they have provided them in the past. She told about the services they provide. Sandra Kramer, Camp Fire USA, thanked the Council for the support they have given their organization in the past and told about their organization. Greg Alvarado, Old Timers Foundation, talked about the services they provide the seniors in Rancho Cucamonga. Dianna Lee Mitchell, YMCA, thanked the City Council for their support. She talked about the services they provide. Councilmember Kurth felt this was as important as the City's budget and felt the right decisions need to be made. He asked if the Rising Stars are being cut. He stated he would like to sit down and work on this some more. Mayor Alexander suggested that two people from the Council sit down with Tom Grahn and Brad Buller and go through this. Councilmember Howdyshell stated he would be happy to work with Councilmember Kurth and staff on this. Brad Buller, City Planner, stated they would meet as an ad hoc group within the next seven to fourteen days to further discuss this. No Items Submitted. [[ I. CITY MANAGER'S STAFF REPORTS I1. PRESENTATION OF COMMUNITY SERVICES DEPARTMENT RCPARK.COM WEBSlTE AND INSTANTRC ON-LINE CLASS REGISTRATION - Project Update Internet demonstration given by Francie Martindale, Marketing Manager, and Rea Smiderle, Community Services Technician. ACTION: Report received and filed. 12. APPROVAL OF RESOLUTION TO AUTHORIZE BUILDING AND SAFETY DEPARTMENT TO SUBMIT A CODE ENFORCEMENT GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, STATE OF CALIFORNIA Staff report presented by Mark Salazar, Code Enforcement Supervisor. City Council Minutes April 2, 2003 Page 15 RESOLUTION NO. 03-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION, THE INCURRING OF AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A GRANT FROM THE CODE ENFORCEMENT GRANT PROGRAM (CEGP) OF THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MOTION: Moved by Kurth, seconded by Howdyshell to approve Resolution No. 03-084. Motion carried unanimously 5-0. 13. REPORT ON THE LIBRARY BOOK MOBILE - Project Update (Oral) Power Point presentation given by Robert Karatsu, Library Services Manager, which a copy is on file in the City Clerk's office. ACTION: Report received and filed. 14. PRESENTATION ON "EVERY 15-MINUTES"- Project Update (Oral) Jack Lam, City Manager, stated due to the lateness of the meeting, it is requested this be continued to May 7, 2003. MOTION: Moved by Kurth, seconded by Howdyshell to continue the item to May 7, 2003. Motion carried unanimously 5-0. J1. CONSIDERATION OF RECOMMENDATION FOR TRAFFIC CONTROL ON ROCHESTER AVENUE DURING QUAKES BASEBALL GAMES (CONTINUED FROM MARCH 19, 2003} Staff report presented by Kevin McArdle, Community Services Director. MOTION: Moved by Howdyshell, seconded by Kurth to approve the eight-point plan as suggested which will include this being re-evaluated in June. Motion carried unanimously 5-0. Rossell Newbell stated he supports the suggestion presented. J2. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated the legislature has not done a thing except they are talking about taking the City's sale tax away again. City Council Minutes April 2, 2003 Page 16 II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING Il No items wore identified for tho next mootin§ [ L. PUBLIC COMMUNICATIONS I No communication was made from the public. MOTION: Moved by Gutierrez, seconded by Kurth to adioum. Motion carried 4-0-1 (Howdyshell not present for this vote). The meeting adjourned at 11:36 p.m. submitted, D~abra d. A~ City Clerk Approved: May 7, 2003