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HomeMy WebLinkAbout2002/12/18 - Minutes December 18, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qular Meet n,q A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 18, 2002, 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 7:01 p.m. Present were Councilmembers: Rex Gutierrez, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Jan Reynolds, RDA Analyst; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Ingrid Bruce, GIS/Special Districts Supervisor; Eric List, GIS Analyst; Joe Kamrani, Sr. Information Systems Analyst; Charles Scott, Sr. Information Systems Specialist; Sandy Ramirez, Management Analyst III; Joe O'Neil, City Engineer; Brad Buller, City Planner; Debra Meier, Contract Planner; John Thomas, Acting Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Fire Marshal Peter Bryan, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Congressman Joe Baca in appreciation of his leadership and friendship to the City of Rancho Cucamonga as our Congressman in the United States House of Representatives. Congressman Baca could not be present tonight so this item was continued to January 15, 2003. B2. Presentation of awards to the winners of the GIS Day 2002 Essay Writing Contest from the Alta Loma, Cucamonga and Etiwanda School District. Larry Temple, Administrative Services Director, and Ingrid Bruce, GIS/Special Districts Supervisor, presented the certificates to the winners of the contest. Item E was heard at this time. The minutes will remain in the original order of the agenda. City Council Minutes December 18, 2002 Page 2 C. NEW BUSINESS C1. Reconsideration of all options for filling City Council vacancies specified in California Government Code Section 36512 with consideration of adopting motions, resolutions or an ordinance in order to implement the option which is chosen. (Requested by Mayor Pro Tern Williams.) Jack Lam, City Manager, asked the City Attorney to give a brief synopsis of this matter. James Markman, City Attorney, stated he does not believe there has been a Brown Act violation. He stated this is mute at this point since Councilmember Williams has asked that this item be reconsidered. He stated there are three major options for consideration tonight, but that the last action should be rescinded through a motion to do so. The options are: 1) fill one or two vacancies by a motion by appointing to fill the unexpired term for approximately two years, 2) call for a special election to occur in June to fill one or both of the vacant seats, and 3) he stated he does not agree with Melanie Ingram that the Council can still consider an urgency ordinance to fill a term until June. He stated this is not an ordinance pertaining to an election, it is an ordinance affording the Council an alternative to fill vacancies for a shorter period of time and to call for a special election. He stated that Ordinance is before the Council. He added he is not sure the Council can do condemnation with only three Councilmembers. He reiterated that before a different action is taken from that of the December 4 meeting, the Council needs to rescind the prior appointments. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Maurene Sampson, 4965 Calico, stated she did vote for Councilmembers Williams and Gutierrez. She stated she did not understand why people would want to put two losers on the Council. She did not think people should personally attack the Councilmembers. Malon Sampson, Calico Court, felt the urgency ordinance has merit. He stated he wonders why Mayor Alexander will now vote for this ordinance. He felt it was a bad move to appoint the two individuals at the last meeting and felt the Ordinance would eliminate special interests in the City. Melanie Ingram stated she does not care who is appointed any more. She stated what she is concerned about is her right to vote. She was disappointed that Mr. Neufeld was willing to give up his right to vote. She continued to comment on the three options. She stated she would support the ordinance proposed if it is legal to do that. She stated she was disappointed on December 4 and asked the Council to pass the ordinance tonight and did not feel money should be a factor. Mr. Neufeld stated his comments are not suggesting that anyone give up their right to vote. John Lyons stated this is on the agenda because the First Amendment Coalition threatened they would take the City to court because of their previous actions. There being no further input, public comments were closed. Councilmember Williams stated the reason this was placed on the agenda is because the Mayor stated he would reconsider the ordinance. MOTION: Moved by Williams, seconded by Gutierrez to rescind the appointments made at the December 4 meeting. Motion carried unanimously 3-0. City Council Minutes December 18, 2002 Page ~ Mayor Alexander stated he apologizes that he did not vote to have a special election. He stated his judgment was based on what he knows is facing the City in the future, to assist the seniors and the youth of the City. He felt his judgment was wrong and that he made an error and wanted to apologize for that. He stated he did not stop any election based on any recent or specific appointments. He stated he voted no on the ordinance, because in is naivety, he knew there would be a new Councilmember coming on and it was his objective to see that he had the opportunity to participate. He felt a special election was a good idea and wanted to apologize for the mistake he made. He stated he did not vote on anything for any personal interest. Councilmember Gutierrez stated after November he wanted to begin dealing with issues important to the City that need addressing, and that so far, they have not been able to do this. He stated the meeting he and Councilmember Williams had was about three hours long. He stated it was not a secret back room deal. He stated they talked about people to be appointed. He stated they talked about qualifications for appointing people. He stated they did not come out of the meeting with two specific names. He stated he did what he did to get this behind the City since the right for election, from what he understood, had been taken away. He talked about the hate mailers that were paid for by Frank Lizaraga, who is the attorney for Gino Filippi and the Curatalo's. He stated Mr. Lizaraga stated he would take care of his campaign debts if Grace Curatalo was appointed. He stated he does not care what happened in Don Kurth's background when he was 20 years old. He stated he did not feel Grace Curatalo had the objectivity when her son is in the fire department. He stated that special interest wants to gain control of the City. He stated he will not be intimidated by people, and if people want to recall him, that is their right. He stated he has talked to a lot of people that say they will stand by them. He stated it would not have hurt to hear more people at the last meeting, but felt the two people appointed are good people. Councilmember Williams stated she would like the urgency ordinance reconsidered because she felt it was the right thing to do. She stated a lot of what has been stated here tonight is what has been read in the newspaper, but that some things have been left out that could be important. She stated sometimes what is written in the newspaper is distorted. She continued to read her report that was included in the agenda packet. She stated she has not lied or misrepresented herself, that she tells the truth. ORDINANCE NO. 696 (Urgency) - NOT APPROVED AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PROVIDING THAT ANY PERSON APPOINTED TO FILL A VACANCY ON THE CITY COUNCIL SHALL HOLD OFFICE ONLY UNTIL THE DATE OF A SPECIAL ELECTION WHICH SHALL IMMEDIATELY BE CALLED TO FILL THE REMAINDER OF THE TERM OF THAT OFFICE RESOLUTION NO. 02-329 - NOT VOTED ON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 3RD DAY OF JUNE 2003, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH ANY AND ALL ELECTIONS TO BE HELD ON SAID DATE IN SAID TERRITORY City Council Minutes December 18, 2002 Page 4 RESOLUTION NO. 02-330 - NOT VOTED ON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JUNE 3, 2003 MOTION: Moved by Williams, seconded by Alexander to adopt Ordinance No. 696. Motion failed 2-'1 (Gutierrez voted no). The City Attorney pointed out the two options left to the Council. Mayor Alexander stated he does have one thing negative to say about the people being considered for appointment. MOTION: Moved by Williams, seconded by Gutierrez to appoint Mr. Robert Howdyshell and Dr. Donald Kurth to fill the two remaining seats with terms ending November 2004. Mayor Alexander felt this was going to be hard on the two people to be appointed knowing how the public feels. Councilmember Gutierrez stated he is trying to do what is in the best interest of the City. Motion carried 2-1 (Alexander voted no). A recess was taken at 9:24 p.m. The Council reconvened at 9:48 p.m. with all three members present. D. ITEMS OF BUSINESS WITH NEWLY-APPOINTED OFFICIALS D1. Administering Oaths of Office to Robert Howdyshell and Donald J. Kurth, M.D. Debra J. Adams, City Clerk, conducted the swearing in of Robed Howdyshell and Donald J. Kurth, M.D. D2. Presentation by Gwyn and Jim Frost. The traditional mugs were presented by Gwyn and Jim Frost. Jim Frost talked about moving on and becoming a team. He asked that the Council do their own work and make their decisions in public. D3. Roll Call: Mayor Alexander called the Council to order with all five members present. City Council Minutes December 18, 2002 Page $ E. COMMUNICATIONS FROM THE PUBLIC El. A lady (did not identify herself) brought up the flooded street in the City. She stated Hellman and Arrow were the worst. She did not think the City should be naYve about the winter months. Mayor Alexander suggested updated road conditions could be given to the senior center staff so they can let the seniors know what is going on. The lady asked if the senior center could handle people during emergency situations. Mayor Alexander stated yes it could. E2. Richard McKee, President of the California First Amendment Coalition, asked the Council to rescind its decision made on December 4 because knowledge and input was not allowed to be given to the Council. He felt the decisions made should be rescinded. He added the Brown Act allows for the public to give input when the Council is making decisions. He encouraged the Council to do the right thing. E3. Peter Liu, 6458 Cambridge, referred to a petition he submitted from residents on the north side of Highland who wanted sound walls along the north side of the Route 30 freeway because of the noise. He added it is very disturbing to all of the people. He stated they would like for the Council to have SANBAG conduct a sound study and then do any window replacement afterwards where needed after the Council accepts their sound study. He stated with the street improvements being done on the south side of High~and between Archibald and Hermosa and they would like a chance for the residents to be involved by giving input for the design features. He asked that these improvements be submitted. Councilmember Gutierrez stated he would like for a report to come back at the next meeting regarding the sound wall issue because of the information presented by Mr. Liu and other people. E4. Aubrey Campbell stated he was glad to see Jeff King swear in Mayor Alexander and Councilmembers Williams and Gutierrez at the last meeting. He told about the good reputation of these three Councilmembers. E5. David Burchfield presented overheads regarding the sound problems due to the freeway. A copy is on file in the City Clerk's office. He asked the Council for help in getting these problems resolved. ~:6. John Lyons talked about the appointment that was made at the last meeting and how it came about. He felt Councilmember Williams was not living by her oath she took and felt she should resign. ET. Gwyn and Jim Frost talked about the first flood that occurred when the City incorporated. Mrs. Frost felt the City has come a long way since incorporation. Mr. Frost stated there is still a long way to go. He continued to talk about the days when the street flooding was so bad. He stated a lot has changed since then. E8. Steve Jennings, resident for twelve years, stated the actions of Councilmembers Williams and Gutierrez taken at the last meeting are not the best for the City. He felt their commitment to the people will show by what they do tonight. He submitted a letter for the record. City Council Minutes December 18, 2002 Page 6 E9. Bob Neufeid of Etiwanda since 1971, stated he ran for Council in 1977 and lost. He stated he doesn't understand how people think losers should be appointed to the Council. He stated he applauded the Council for what they did, but questioned how it was done. He felt the people here tonight do not represent the majority of people in the City. He stated he will stand behind what the Council already did. He felt the Council should not change their decision already made and felt the cost for a special election was horrendous. He felt the Council should go forward with the appointments of Robert Howdyshell and Donald Kurth. El0. Steve Barden, 8926 Yew Street and a resident since 1974, stated he is disgusted and disappointed with the appointments of the two people to the City Council. He stated he does not know these two people, but there is arrogance in the way it was done. He felt Councilmembers Williams and Gutierrez are not trustworthy. E11. Delora DeBarge stated she is disappointed that Councilmembers Williams and Gutierrez appointed Robed Howdyshell and Donald Kurth. She stated she will never will, nor ever has, voted for Diane Williams. She stated she is not sure about Rex Gutierrez. E12. Will Wright, new to the City, stated he wanted to speak at the last meeting and was disappointed how the decision came down. He felt the people should be able to vote again to fill the vacancies. He was not in favor of a special election because of the cost, but did feel the people with the 3rd and 4th highest vote totals could be appointed. He stated he would like consistency in the City and would recommend that Councilmembers Williams and Gutierrez resign. E13. Tom Lorenz, Sandelwood Court, stated what happens at this meeting will only partially fix what was done at the last meeting. He felt anything that Diane Williams wants to do will be questioned. E14. Shelly and Bill McKliman stated he would never vote for Councilmember Williams again because she has let his daughter, Shelly, down. He stated he does not like the looks of Councilmember Rex Gutierrez. He stated he does not want a recall, but that he does not like what is happening. He felt Councilmember Williams has broken the law and asked that she and Councilmember Gutierrez resign. He felt four other people should be appointed to serve with Mayor Alexander. E15. Leslie Grimes stated she could not believe what was written in the newspaper that Councilmembers Williams and Gutierrez had got together. She stated when they got together they knew they would be the majority of the Council at the December 4 meeting, and therefore, they broke the law because of the Brown Act. She felt a special election was needed even though it is costly. E16. Ron Stark stated he did lose in the last election, and added he is sorry that Mayor Alexander and Grace Curatalo voted a. gainst the Ordinance proposed on November 25. He commented that now Mayor Alexander will go along with it. He felt the losers of the November 5 election should lose graciously. He did not feel the two people with the next highest votes should be appointed. He stated he would support Councilmembers Gutierrez and Williams' decision. E17. Diane Ballet, 9531 Tryon, stated Councilmember Gutierrez told her that he met Councilmember Williams for the better of the people. She stated she is disgusted with Councilmember Williams and has never voted fo.r her and never will in the future. She also stated she is sorry she voted for Councilmember Gutierrez. She felt both of them should resign. She felt Councilmember Williams lied about meeting with Councilmember Gutierrez. She felt it was discussed before hand and that they should resign. City Council Minutes December 18, 2002 Page 7 E18. Ken Douglas felt the Council would not let him speak or vote due to the cost. E19. Myer Oberlon, 6210 Morningside Place, felt the Council should help them with the freeway noise. He stated you cannot sleep with your windows open any longer. He asked for the Council's help. E20. David Mitchell, Rancho Cucamonga High School, stated he lives near the freeway and felt something should be done about the noise. Mayor Alexander stated there is a Route 30 Task Force meeting in March, and that the Council will bring this matter back at their January 15, 2003 meeting. Councilmember Williams wanted to make sure everyone that wants to speak on this subject gets that opportunity before they move on in the agenda. James Markman stated that at the last meeting a lot of people did speak about this issue under "Communications from the Public". He stated the Mayor did indicate that it was his intention to open this matter up for discussion again while the actual item was being discussed. He stated when they came to the agenda item, there was a motion cast and communications from the public or public input is required to be heard before the Council starts considering an item. He stated what the Brown Act says is that there will be an opportunity for the public to give input before the Council considers the item. He stated to avoid an instant replay of anything like what happened at the last meeting, even though we have already had "Communications from the Public", the intention of the Mayor before this goes to the Council and Council discussion starts, is to keep this open in case anyone else wants to say anything about this item. Mayor Alexander stated the intention is to give a staff report, allow public input, and at the time that opportunity is closed, the Council will discuss it and whatever happens will happen, but public comment will be closed. F. CONSENT CALENDAR Fl. Approval of Minutes: November 6, 2002 November 20, 2002 F2. Approval of Warrants, Register November 26 through December 10, 2002, and Payroll ending November 21,2002, for the total amount of $2,458,924.67 F3. Approve to receive and file current Investment Schedule as of November 30, 2002. F4. Approval to amend a single source Professional Services Agreement (CO 01-099) between the City and Geographics in an amount not to exceed $30,000 (to be funded from the Non- departmental General Overhead City Account #1001001-5300)for professional communications assistance for the Spring and Summer 2003 editions of the Rancho Cucamonga Reporter, the City's quarterly newsletter, which is inserted in The Grapevine. F5. Approval to reject all bids received for the Foothill Boulevard Fiber Optic Conduit and Median Electrical System Project as non-responsive to the needs of the City. City Council Minutes December 18, 2002 Page 8 F6. Approval of Shirley Environmental Testing LLC, of south El Monte, as a single source vendor in an amount of $50,000 for upgrade of the oil storage tank at the City Corporation Yard and repairs to the fuel dispensing system to comply with State Code, to be funded from Acct. No. 10013175300, and approval of an appropriation of $50,000 to Acct. No. 10013175300 from the Vehicle and Equipment Maintenance Fund balance. F7. Approval of a Summary Vacation (V-191) of vehicular access rights for two driveways at the northwest corner of Arrow Route and Milliken Avenue along Parcels 10 and 12 of Parcel Map 15295 (Parcel A of lot merger 495) requested by Catellus Development Corporation (APN: 229-011-82). ReIated File: DR 00-28. RESOLUTION NO. 02-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF VEHICULAR ACCESS RIGHTS FOR TWO DRIVEWAYS, ONE ON THE NORTH SIDE OF ARROW ROUTE WEST OF MILLIKEN AVENUE AND ONE ON THE WEST SIDE OF MILLIKEN AVENUE NORTH OF ARROW ROUTE, ALONG PARCELS 10 AND 12 OF PARCEL MAP 15295 (V-191) - APN: 229-011-82 F8. Approval of Drainage Reimbursement (CO 02-042) in the amount of $277,000 for the Etiwanda Area 9 Master Plan for FY 2001/2002 to be funded from Fund 1126-303- 5650/1026126-0, and approval of an appropriation of $277,000 to Acct. 1126-303- 5650/1026126-0 from the Lower Etiwanda Drainage Fund Balance. F9. Approval of Improvement Agreement and Improvement Security for Development Review No. 00-28, located at the northwest corner of Milliken Avenue and Arrow Route, submitted by Catellus Development Corporation. RESOLUTION NO. 02-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-28 Fl0. Approval of Reimbursement Agreement (CO 02-146) for undergrounding of overhead utilities for CUP 93-46, located at the southeast corner of Vineyard Avenue and Foothill Boulevard, submitted by Art and Diana Flores. RESOLUTION NO. 02-318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A UTILITY UNDERGROUND REIMBURSEMENT AGREEMENT EXECUTED BY ART AND DIANA FLORES FOR CUP 93-46 Fll. Approval of Maps, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit, and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map Nos. 16257 and 16347, located on the west side of Etiwanda Avenue, north of Foothill Boulevard, submitted by Empire Commercial Real Estate, LP. City Council Minutes December 18, 2002 Page 9 RESOLUTION NO. 02-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NOS. 16257 AND 16347, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP NOS. 16257 AND 16347 F12. Request to enter into a Termination Agreement for a Lease Agreement between the City of Rancho Cucamonga and AT&T Wireless Services (CO 02-147) for a Wireless Communication facility at Hermosa Park. F13. Approval of a Professional Services Agreement for Federal legislative Advocacy Services with David Turch and Associates (CO 02-148) in the amount of $48,000, funded from Acct. No. 10010015300. F14. Approval of Mills Act Agreement DRC2002-000729 - ED ESTRELLA AND LINDA ESTRELLA (CO 02-149) - Request to implement the use of the Mills Act to reduce property tax on the Cherbak House and property, a Historic Landmark, located at 9938 Hillside - APN: 1074-211-32. F15. Approval to expend grant funding in the amount of $284,450 from the State Supplemental Law Enforcement Services Fund (SLESF) Grant in accordance with the adopted budget for Fund 354 - COPS Program - State. F16. Approval for Annual Geographic Information Systems (GIS) Software Maintenance between the City of Rancho Cucamonga and Environmental Systems Research Institute (ESRI) in the amount of $22,257 to be funded from General Fund, Administrative Services Department, GIS Division 1001-207-5300. F17. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 15912, submitted by Ryland Homes of California, Inc., a Delaware Corporation, located on the west side of East Avenue, north of Base Line Road. RESOLUTION NO. 02-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15912 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes December 18, 2002 Page 10 F18. Approval to accept the construction of the Local Street Rehabilitation-Slurry Seal of Various Streets, Contract No. 02-044 as complete, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $489,938.06. RESOLUTION NO. 02-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOCAL STREET REHABILITATION-SLURRY SEAL OF VARIOUS STREETS, CONTRACT NO. 02-044 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK F19. Approval to accept the Arrow Route from Hellman Avenue to west of Archibald Avenue, and Hellman Avenue from Arrow Route to south of Foothill Boulevard Landscape Improvements, Contract No. 02-048 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 $229,075.00. RESOLUTION NO. 02-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE FROM HELLMAN AVENUE TO WEST OF ARCHIBALD AVENUE, AND HELLMAN AVENUE FROM ARROW ROUTE TO SOUTH OF FOOTHILL BOULEVARD LANDSCAPE IMPROVEMENTS, CONTRACT NO. 02-048 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK F20. Approval to accept the construction of the Local Street Pavement Rehabilitation-Overlay of Various Streets, Contract No. 02-071 as complete, approval to appropriate $23,800.00 to Acct. No. 11703035650/1022170-0 from Gas Tax 2105/Proposition 111 fund balance, 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 $431,350.91. RESOLUTION NO. 02-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOCAL STREET PAVEMENT REHABILITATION-OVERLAY OF VARIOUS STREETS, CONTRACT NO. 02-071 AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICe. OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. With the exception of Gutierrez, Howdyshell and Kurth voting on the minutes of November 6 and November 20, 2002. Motion carried unanimously 5-0. City Council Minutes December 18, 2002 Page ! ! G. ADVERTISED PUBLIC HEARINGS Gl. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16157 - LEWIS APARTMENT COMMUNITIP,q - The appeal of the Planning Commission decision to approve the proposed subdivision of 60.17 acres of land into ten lots in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts, within the Terra Vista Community Plan, located at the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. Related files: Development/Design Review DRC2001-00791 and Terra Vista Community Plan Amendment DRC 2002-00533. Staff has prepared a Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW DRC 2001-00791 - LEWIS APARTMENT COMMUNITIES - The appeal of the Planning Commission decision to approve the design review of 677 dwelling units on 39.6 acres of land in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts within the Terra Vista Community Plan on Lots 1-9 of Tentative Tract Map Subtt161257, located at the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Debra Meier, Contract Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Shawna Lee, Hardy Avenue, stated there are many citizens who do not want this project to be built. She felt the apartment owners will be the ones who will benefit from this. She felt there was a chance for the property values to decrease if this project moves forward. She stated she did not feel there would be enough money to pay for City services for this project because of all the state budget cuts. She expected the City Council to be their voice and stop this project. Lisa Wedelton, Hardy Avenue, felt the park near them would be impacted because of all of the families from the apartments that would be using this. She talked how this would impact schools because they are also so overcrowded. Houman Emami felt there was 1144 total units that the Council had not been told about. He talked about the noticing that the City did. He felt the project would really impact the surrounding area. Jacqueline Gasca stated she moved to Rancho Cucamonga because of all of the wonderful things she heard about the City. She stated she was not aware of the apartments that were going to be built at this location. She felt the apartments being built would make the property values decrease, and asked the Council to vote against the apartments. Lisa Foss, Barratt Drive, stated the signs posted say multi-family homes. She stated one of the names on one of the signs is Lewis Operating Corporation and the other one states Lewis Apartment Communities with one sign stating it is multi-family units and the other stating they will be apartments. She felt the schools would be overcrowded. She would like the Council to take a crime analysis and find out how it will impact the area. She felt the schools should be contacted to see if they will be impacted. She stated she would also like the sign language investigated. City Council Minutes December 18, 2002 Page 12 John Young, Lewis Operating Corporation, stated he would like to speak in favor of the project. He talked about the attractiveness of the project, the design, the amenities, and felt this is one of the best projects in Terra Vista. Councilmember Gutierrez asked about the rental range. Mr. Young stated between $1000 and $2000 per month. Councilmember Gutierrez asked why they did not want single family units on this property. Mr. Young stated it has always been planned like this and that there is residential on the north and commercial on the south. Councilmember Gutierrez asked what the schools have said. Mr. Young felt there would only be about 200 kids from this apartment complex that would go to the schools. Councilmember Gutierrez asked about property values. Mr. Young stated he did not know of any studies indicating property values would go down. He stated their projects are highly amenitized and good quality units. And felt the people are high income people. Councilmember Gutierrez inquired about traffic. Mr. Young stated this would generate between 1300 and 1400 cars. Mayor Alexander inquired further about the amenities. Brad Buller, City Planner, stated they are in excess of what is normally required for a project. Councilmember Gutierrez inquired about crime. Captain Ortiz, Police Department, stated he does not know of any analysis where apartments can create more crime. He stated there will be more calls because of more people, but that they do have enough officers. Councilmember Kurth asked if the existing City streets will be able to handle the traffic generated from this complex. Brad Bullet, City Planner, stated all of the streets are designed to handle the traffic as planned and then some. Patricia Carlson stated she was attracted to Terra Vista when she moved here because of the master plan. She felt the developer does work with the schools on being able to handle the students that would attend. She felt Lewis always takes care of their units they build. She stated she supports the project. Shawna Lee stated she caIled the state on the number of apartments that are required by be built and asked if the City would check into this to see what the correct number is. Brad Buller, City Planner, stated the State has certified the number of housing units for the housing element of the City. City Council Minutes December 18, 2002 Page 13 Shawna Lee felt there would be cuts made because of the state's budget. There being no further comment, the public hearing was closed. Mayor Alexander felt people need to know that multi-family means apartments. He stated he did not think the Lewis' would be objectionable to hearing about safety issues. He felt the developer offers more amenities than most projects. Councilmember Gutierrez stated he has concerns about the schools and traffic. He stated the Planning Commission does require a quality project. He felt there would come a time when there should not be as much development. He stated since this project has been on the "books" since 1983, he does not feel it is time to stop this project. He did not think home values would suffer in Terra Vista because of the apartments. Councilmember Kurth commended the appellant on the work they put into this. He stated he has met with Brad Bullet, City Planner, on this project. He felt the Lewis' did an excellent job on this. He did not think there was an easy way to undo this commitment at this time. Councilmember Williams stated she agreed with what has been stated. She added she does not have a problem with them coming in and does not feel there is any deception intended with the signs. RESOLUTION NO. 02-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT16157, A RESIDENTIAL SUBDIVISION OF 10 LOTS, ON 60.17 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE), MEDIUM-HIGH (14-24 DWELLING UNITS PER ACRE) AND HIGH (24-30 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30 RESOLUTION NO. 02-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2001-00791 FOR THE DESIGN REVIEW OF 677 APARTMENTS ON 39.6 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE), MEDIUM- HIGH (14-24 DWELLING UNITS PER ACRE) AND HIGH (24-30 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30 MOTION: Moved by Alexander, seconded by Williams to approve Resolution Nos. 02-325 and 02-326. Motion carried unanimously 5-0. City Council Minutes December 18, 2002 Page 14 H. PUBLIC HEARINGS H1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET Staff report presented by Duane Baker, Assistant to the City Manager. He stated the information he distributed is to be included in the record. Deputy Harm, Police Department, narrated the video shown about this. Councilmember Gutierrez asked about the City's current ordinance. James Markman, City Attorney, stated the reason for the ordinance is a public safety issue. Mayor Alexander stated the people looking for work need to have their rights protected as well as those affected by the people looking for work. Councilmember Gutierrez asked if this has been enforced. Deputy Harm stated they are enforcing this and that the workers are now currently going to the City of Upland. He stated they are looking for a long term solution. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Aubrey Campbell stated he is so proud of his City. He stated he does not feel comfortable letting his grandchildren out because he is afraid what will happen to them because of this situation. There being no further comment, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 695. ORDINANCE NO. 695 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET MOTION: Moved by Williams, seconded by Kurth to waive full reading and set second reading of Ordinance No. 695 for the January 15, 2003 Council meeting. Motion carried unanimously 5-0. City Council Minutes December 18, 2002 Page 15 I. CITY MANAGER'S STAFF REPORTS I1. APPROVAL OF RESOLUTIONS DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2003-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE THE PROVISION AND ACQUISITION OF CERTAIN PUBLIC FACILITIES, AND DECLARING THE INTENTION TO ISSUE BONDS SECURED BY THE SPECIAL TAX, AND APPROVAL OF A DEPOSIT AND REIMBURSEMENT AGREEMENT (CO 02-150) IN CONNECTION WITH FORMATION OF COMMUNITY FACILITIES DISTRICT 2003-01. Staff report presented by Jan Reynolds, RDA Analyst. Mayor Alexander opened the meeting for public input. There being no response, public comments were closed. RESOLUTION NO. 02-327 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO ESTABLISH CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT 2003-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT RESOLUTION NO. 02-328 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO INCUR BONDED INDEBTEDNESS WITHIN EACH OF THE PROPOSED IMPROVEMENT AREA NOS. 1 AND 2 OF PROPOSED CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution Nos. 02-327 and 02- 328. Motion carried unanimously 5-0. 12. ANNOUNCEMENT OF GRANT AWARD IN THE SUM OF $7,752,688 FROM THF CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FOR THE CONSTRUCTION OF THE VICTORIA GARDENS BRANCH LIBRARY - ORAL REPORT Staff report presented by Deborah Clark, Library Director. ACTION: Report received and filed. J. COUNCIL BUSINESS J1. SELECTION OF MAYOR PRO TEM (Oral) ITEM CONTINUED TO FEBRUARY 5, 2003. City Council Minutes December 18, 2002 Page 16 J2. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO CITY COUNCIL COMMITTEES AND SUBCOMMITTEES MOTION: Moved by Williams, seconded by Howdyshell to appoint Mayor Alexander to SANBAG, SCAG and Metrolink and to continue the other appointments until February 5, 2003. Motion carried unanimously 5-0. J3. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Gutierrez would like to discuss the Route 30 Freeway noise and sound wall issue. K. COMMUNICATIONS FROM THE PUBLIC K1. Leslie Grimes stated she is disappointed what she saw tonight. She felt this Iooked contrived again. She felt it was unfair to make the appointments for the two year term. K2. Primo Morales, 8210 Malvern, felt people should move on for the good of the City and accept the two appointees. He felt everyone should work together and get this City back where it belongs. L. ADJOURNMENT MOTION: Moved by Kurth, seconded by Williams to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 11:33 p.m. City Clerk Approved: January 15, 2003