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HomeMy WebLinkAbout2003/11/19 - Minutes November 19, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO 0RDER II The Rancho Cucamonga City Council held a closed session on Wednesday, November 19, 2003, at the Cucamonga County Water District facilities located at 10440 Ashford Street, 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 Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; and Joe O'Neil, City Engineer. [[ B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I President Alexander announced the closed session items. B1. CONFERENCE WITH GRUENEICH RESOURCE ADVOCATES, UTILITY LEGAL COUNSEL, PER GOVERNMENT CODE SECTION 54956.9 REGARDING LITIGATION IN THE SUPREME COURT OF THE STATE OF CALIFORNIA, CASE NOS. S119310, S119365, S119368 AND S119376, CAL. P.U.C. DECISION NOS. D.03-07-028 & D.03-08-076. - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF 1-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY [[ C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. City Council Minutes November 19, 2003 Page 2 E, RECESS The closed session recessed at 6:45 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re,qular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 19, 2003, at the Cucamonga County Water District Board Room, located at 10440 Ashford Street, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:20 p.m. Present were Councilmembers: Rex Gutierrez, Robert 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; Linda D. Daniels, RDA Director; Mike Nelson, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Joe Kamrani, Sr. Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Neil, City Engineer; Maria Perez, Associate Engineer; Brad Buller, City Planner; Dan Coleman, Principal Planner; Torn Grahn, Associate Planner; Trang Huynh, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Martindale, Marketing Manager; Paula Pachon, Management Analyst III; Robert Karatsu, Library Services Manager; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, Deputy Chief Bob Corcoran and Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. It B. ANNOUNCEMENTS/pRESENTATIONS B1. Review of 2003 Founders Night Gala held November 1, 2003, and announcement of "PAL' - PROMOTING ARTS AND LITERACY CAMPAIGN, a collaborative fundraising effort between the Rancho Cucamonga Foundation and Rancho Cucamonga Library Foundation. A power point presentation was given by Francie Martindale, Marketing Manager, and Tony Mize, Chairman of the Community Foundation, which is on file in the City Clerk's office. B2. Presentation of a Proclamation to Cindy Scheidemantle in honor of being recognized as the "2003 L.A. County Fair Community Hero." Ms. Scheidemantle could not be present. The presentation will be made at a future meeting. City Council Minutes November 19, 2003 Page 3 Cl. Gary Kendrick congratulated Councilmembers Kurth and Howdyshell for being appointed to the City Council. He stated last December he registered ranchorecall.org for the Recall Committee's use, which was done through his company. He stated there was information on the website that he did not like so he shut it down because he thought it was illegal. He stated he then guided this website to Rex Gutierrez's City page. He felt everyone should get a second chance and that people can decide next November what they want. He did not feel politics should be personal. He stated he owns RexGutierrez.com, DavidGressberg.com and RanchoRecall.org and will continue to own those. He stated he would probably let Mr. Gutierrez and Mr. Grossberg use those when they run for re-election. He stated the recall failed and he could see they weren't going to make it after a month. He stated no one conspired about the website. He stated again he shut it down because of the potential liability for his company. He stated he has an email relating to one of the Recall Committee Members that is being sent to the Governor because state time and resources were used in the recall effort. He suggested everyone let the Governor know of their displeasure by using state time and resoumes for the recall effort. C2. John Lyons, Rancho Recall member, felt the recall was sabotaged because the signatures could not be done through the Internet. C3. Gwyn Frost invited everyone to the Chaffey Gamia House on Saturday for ail of their festivities pertaining to their open house. She stated they have also re-enacted the Frost Brothers Store. C4. Patricia Carlson stated she is here on behalf of her neighborhood, which is north of Heritage Park. She thanked the Police and Fire Departments and the Alta Loma Riding Club. She felt everyone was very prepared for the recent fires. She stated her neighbors want to thank Code Enforcement for doing the good job they do. She felt it was because of their educating the community that helped to save homes from being burned. C5. Jim Frost commented on Jane Morgan who had lost her house in the recent fires. He stated he knows the Fire Department does take their job very seriously. It o. COUNCIL COMMUNICATIONS [ D1. Councilmember Kurth stated he is glad to have all of the fires behind us and now we can see what needs to be done to prevent flooding and other issues that need attention. He thanked all cf the City staff for all of their work relating to the fires. D2. Councilmember Williams stated Rancho Cucamonga was in the National Inquirer this week talking about the recent fires. D3. Councilmember Gutierrez stated he enjoyed the Founders Parade and appreciated the City staff that worked on this. He stated he has some good ideas for next year's parade and also the Grapevine. He stated ha has met with some residents this last week pertaining to an item on the agenda. He wished everyone a Happy Thanksgiving. City Council Minutes November 19, 2003 Page 4 [ E' CONSENT CALE~AR I El. Approval of Minutes: October 15, 2003 October 27, 2003 (Special Meeting) E2. Approve to receive and file current Investment Schedule as of October 31,2003. E3. Approval of Warrants, Register October 28, 2003, through November 11, 2003, and Payroll ending November 11,2003, for the total amount of $4,839,556.84. E4. Approval of a recommendation from the Park and Recreation Commission for approval of Street Banner applications and schedule for Calendar Year 2004. E5. Approval to appropriate $5,000 awarded by the California State Library into Literacy Expenditure Accounts. E6. Approval to expend grant funding for four Deputy Sheriff positions to form a Multiple Enfomement Team (MET) in the amount of $218,529 from the State Supplemental Law Enfomement Services Fund (SLESF) Grant in accordance with the adopted budget for fund 354 - COPS Program - State. E7. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 15665, located north of the terminus of Santa Anita Avenue, east of Day Creek Channel, submitted by Paragon Santa Anita LLC, a California Limited Liability Company. RESOLUTION NO. 03-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15665, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 03-295 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 PARCEL MAP 15665 E8. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 10 and Street Light Maintenance District Nos. 1 and 7 for Tract No. 16306, locate on the southeast comer of Day Creek Boulevard and Vintage Drive, submitted by Young California Cucamonga, L.P. RESOLUTION NO. 03-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT NO. 16306, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT City Council Minutes November 19, 2003 Page 5 RESOLUTION NO. 03-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 10 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT NO. 16306 E9. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2 for Tract No. 16431, located on the east side of the Alta Loma Flood Channel, south side of Lemon Avenue, submitted by Cucamonga Ventures, LLC. RESOLUTION NO. 03-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16431, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 03-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT NO. 16431 El0. Approval of a contract for the split single soume pumhase of tire mounting and general vehicle maintenance and repairs to Police Department vehicles from A&R Tire Service, of Rancho Cucamonga, and R&R Automotive, of Rancho Cucamonga, for Fiscal Year 2003/04, with an option to renew the agreement for additional one (1) year periods, upon mutual consent, up to a total of three (3) years, in an annual amount not to exceed $70,000.00 for A&R Tire Service, and $70,000.00 for R&R Automotive, funded from Fund 1001-701-5250. E11. Approval to accept the bids received and award and authorize the execution of a contract in the amount of $1,691,656.82 to the apparent Iow bidder, Pouk & Steinle (CO 03-127), for the Electrical Distribution System Cabling, Connections, and Equipment Project. E12. Approval to accept bids received and award and authorize the execution of the contract in the amount of $437,437 to the apparent iow bidder, All American Asphalt (CO 03-128), and authorize the expenditure of a 10% contingency in the amount of $43,743 for the construction of Base Line Road Traffic and Street Improvements, to be funded from Acct. No. 1124-303-5650/128312409 (Transportation Fee Program Funds). E13. Approval of a Master Plan Transportation Facility Reimbursement Agreement (CO 03-129) for Construction of Traffic Signal at the Intersection of Base Line Road and Ellena West in connection with development of Tract 16239, submitted by DPDG Fund III, LLC, to be funded from Transportation Reimbursement Acct. No. 11243035650/1026124-0. City Council Minutes November 19, 2003 Page 6 RESOLUTION NO. 03-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BASE LINE ROAD AND ELLENA WEST E14. Approval for award and authorize the execution of the contract in the amount of $195,000 to Dan Guerra and Associates (CO 03-130), and authorize the expenditure of a 10% contingency in the amount of $19,500 for Construction Survey and Administration Services for Phase 3A of Community Facilities District 2003-01, to be funded from Fund 614 - CFD 2003-01, Acct. No. 16143035300/1442614-0. E15. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $75,865.00 to the apparent Iow bidder, Silvia Construction, Inc. (CO 03-131), and authorize the expenditure of a 10% contingency in the amount of $7,586.50 for the Haven Avenue Pavement Rehabilitation from Alta Loma Drive to Lemon, to be funded from Measure "1" funds, Acct. No. 11763035650/1376176-0. E16. Approval to execute a Right of Entry Agreement with Southern California Edison Company (CO 03- 132) by the City Manager or his duly appointed representative for the Construction of the Electrical Substation within the Epicenter expanded parking lot, located at the southeast comer of Rochester Avenue and Stadium Parkway. E17. Approval to accept the bids and award and authorize the execution of the contract in the amount of $153,900.00 to the apparent Iow bidder, Steiny and Company, Inc. (CO 03-133), and authorize the expenditure of a 10% contingency in the amount of $15,390.00 for the Construction of Traffic Signals and Safety Lighting at the Intersection of Victoria Street and Etiwanda Avenue, to be funded from Transportation Funds, Acct. No. 11243035650/1285124-0 and appropriate an additional amount of $44,290.00 to Acct. No. 11243035650/1285124-0 from Transportation fund balance. E18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DRC2001-00423, located on the west side of Santa Anita Avenue, north of 4thStreet, submitted by Master Development Corporation. RESOLUTION NO. 03-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00423 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2002-00601, located on the west side of Vineyard Avenue, approximately 600 feet south of Foothill Blvd., submitted by Sommervile-Conzelman Company, a Limited Partnership. RESOLUTION NO. 03-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00601 City Council Minutes November 19, 2003 Page 7 RESOLUTION NO. 03-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR DRC2002-00601 E20. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DR 00-24, submitted by Darrell D. Clendenen, located at the northeast corner of Elm Avenue and White Bimh Drive. RESOLUTION NO. 03-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-24 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION OF WORK E21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 14162, located on the south side of 19th Street, at the western city limits, submitted by Walton Development, LLC. RESOLUTION NO. 03-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 14162 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract No. 15174, located on the southwest corner of Church Street and Rochester Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 03-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 15174 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E23. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract No. 15492, located on the southeast corner of Milliken Avenue and Terra Vista Parkway, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 03-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 15492 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. City Council Minutes November 19 2003 Page 8 CoNsENT ORDINANCES Fl. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2003-00709 - CHARLES JOSEPH ASSOCIATES - A proposed amendment to the text of the Development Code to allow self- storage facilities within residential zones, under specific circumstances, with the approval of a Conditional Use permit. Debra J. Adams, City Clerk, road the title of Ordinance No. 719. ORDINANCE NO. 719 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00709, AMENDING PORTIONS OF SECTION 17.08 - RESIDENTIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, ALLOWING PUBLIC STORAGE FACILITIES WITHIN RESIDENTIAL LAND USE DISTRICTS UNDER SPECIFIC CIRCUMSTANCES WITH THE APPROVAL OF A CONDITIONAL USE PERMIT, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Kurth, seconded by Howdyshell to waive full reading and approve Ordinance No. 719. Motion carried unanimously 5-0. Gl. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16038 - CARNEY - A request to subdivide .817 acres of land into four parcels in the Low Residential District (2-4 dwelling units per acre) located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419, and Minor Exception DRC2003-00016. (CONTINUED FROM NOVEMBER 5, 2003) Mayor Alexander stated he has reviewed all the tapes and gone through all the materials from the last meeting for this item. Mayor Alexander opened the meeting public hearing for any new information to be presented. Addressing the City Council were: A man (did not give his name) stated several of the Council came to their neighborhood to meet with them. He stated he felt Councilmember Gutierrez had an open mind even though he never promised them anything. He stated if the Council will look at the plans they will see they don't fit anything that is like the other homes in the neighborhood. He stated they are not against the development of the property, but felt there were too many homes to go on the property and that they should be allowed to only build three homes as opposed to four. A lady (did not give her name) thanked the Council for visiting their neighborhood. She stated they are against the four homes proposed to be built and felt there should only be three homes. She stated they do not look like any of the other homes already built in this area. She asked that this be sent back to the Planning Commission so it can be redesigned to conform to the neighborhood. City Council Minutes November 19, 2003 Page 9 Scott Bemer stated he hoped that the Council would see that these homes do no belong in this area. Sherrill Chino, Diamond Avenue, agreed with her neighbors and stated she appreciated the City Council coming to visit their neighborhood. She added she does not see how there can be four homes on this property. Floyd Herndon stated he owns this property. He stated when the Lemon Heights project was built, the residents were not notified about this. He stated he had to donate some of his property and now the lots are 8,000 square foot lots. Judy Leavens hoped the Council will give their appeal special consideration. Steve Wheatiey stated he will answer any questions if the Council has any about this project. There being no further comments, the public hearing was closed. Councilmember Gutierrez stared he appreciates that there has been a lot of work done on this project to meet the plans. He felt the homes are out of character for the neighborhood. He stated he cannot accept that it will take four homes to be built for the developer to get a good return on his investment. He felt a two story on the corner might work, but not the other three homes because the lots are small. He felt it should be reduced to a total of three homes for this property. He felt it was time to listen to the neighbors. Councilmember Howdyshell felt this will not make everyone happy. He felt the plans look strange the way they are designed for this street. He stated he would support the three houses on the property instead of four houses. Mayor Alexander felt the Planning Commission should treat people with respect when they have someone go before them. He felt the Planning Commission did a wondedul job in deciding this. He felt more landscaping might help, but did not think the design needed to be changed. He asked if the developer is meeting all City standards. Brad Bullet, City Planner, stated yes and that they have one variance that was approved. Mayor Alexander stated the City does have standards and felt they should be followed. He stated he supports the decision of the Planning Commission, but felt the landscaping should be enhanced. Councilmember Williams stated she did walk this area. She stated she would like to see larger trees planted and that she supports the Planning Commission. Councilmember Kurth stated he walked the property and felt the owner has met the standards of the City. He asked if there could be no windows on the backsides of the houses. Brad Buller, City Planner, stated they could modify the architecture. RESOLUTION NO. 03-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP SUBTPM16038, A SUBDIVISION OF FOUR LOTS ON 1.1 GROSS ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-401-05 City Council Minutes November 19, 2003 Page 10 MOTION: Moved by Kurth, seconded by Alexander to approve Resolution 03-290, 03-291 and 03-292 with the modifications of more landscaping and amhitectural changes. Motion carried 3-2 (Gutierrez and Howdyshell voted no) G2. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00015 - CARNEY - A request to develop four single family homes on .817 acres of land in the Low Residential (2-4 dwelling units per acre) District located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Minor Exception DRC2003- 00016, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419 and Tentative Pamel Map SUBTPM16038. (CONTINUED FROM NOVEMBER 5, 2003) SEE ITEM G1 FOR DISCUSSION. RESOLUTION NO. 03-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2003-00015, THE DEVELOPMENT REVIEW OF FOUR HOMES WITHIN TENTATIVE PARCEL MAP NO. SUBTPM16038, ON 1.1 GROSS ACRES OF LAND LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1062-401-05 MOTION: Moved by Kurth, seconded by Alexander to approve Resolution 03-290, 03-291 and 03-292 with the modifications of more landscaping and architectural changes. Motion carried 3-2 (Gutierrez and Howdyshell voted no) G3. CONSIDERATION OF APPEAL OF VARIANCE DRC2003-00017 - CARNEY - A request for a variance to reduce the required lot depth and reduce the required front setback for four proposed single family residences in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Minor Exception DRC2003-00016, Tree Removal Permit DRC2003-00419, and Tentative Parcel Map SUBTPM16038. (CONTINUED FROM NOVEMBER 5, 2003) SEE ITEM G1 FOR DISCUSSION. RESOLUTION NO. 03-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING VARIANCE DRC2003- 00017 TO REDUCE THE LOT DEPTH FROM 100 FEET TO 80 FEET FOR THE 1.1 ACRE PROPERTY IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1062-401-05 MOTION: Moved by Kurth, seconded by Alexander to approve Resolution 03-290, 03-291 and 03-292 with the modifications of more landscaping and architectural changes. Motion carried 3-2 (Gutierrez and Howdyshell voted no) City Council Minutes November 19, 2003 Page 11 G4. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT DRC2003-00468 - GOODWILL INDUSTRIES - A request to operate a non-profit second hand store of 9,500 square feet within an existing shopping center in the Neighborhood Commercial District located at 9749 Base Line Road. APN: 1077-011-50. Jack Lam, City Manager, stated a letter has been received and that this item has been withdrawn. RESOLUTION NO. 03-308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF, AND UPHOLDING THE PLANNING COMMISSION'S DECISION, TO DENY CONDITIONAL USE PERMIT DRC2003-00468 REQUESTING TO OPERATE A NON-PROFIT SECOND HAND STORE OF 9,500 SQUARE FEET WITHIN AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL DISTRICT LOCATED AT 9749 CASE LINE ROAD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-011-50 ACTION: NO ACTION TAKEN ON THE RESOLUTION. G5. CONSIDERATION OF PUBLIC INTEREST, CONVENIENCE AND NECESSITY IN GRANTING A TAXICAB SERVICE PERMIT TO AAA INLAND EMPIRE CAB (CONTINUED FROM AUGUST 6, 2003) Jack Lam, City Manager, stated there is a request to continue the item to December 17. MOTION: Moved by Alexander, seconded by Kurth to continue the item to December 17, 2003, 7:00 p.m. at the Cucamonga County Water District offices located at 10440 Ashford Street, Rancho Cucamonga, California. Motion carried unanimously 5-0. G6. CONSIDERATION OF A PROPOSED AMENDMENT TO THE 2002-2004 CONSOLIDATED PLAN AND 2003-2004 ANNUAL ACTION PLAN - A proposed amendment to establish a new job center activity to be funded through the Community Development Block Grant (CDBG) program. Staff report presented by Tom Grahn, Associate Planner. He corrected the date for this to be brought back to the City Council, which would be December 17 instead of January 7. Mayor Alexander asked if the staff has gone out to Old Town Park and talked to people letting them know they will be put on the back burner again. He asked if the City really feels strong about reallocating the funds to another project. Tom Grahn, Associate Planner, stated he did not think this would affect the actual ability to fund it next year in any way. He stated they knew they would not be able to complete it this year anyway. Mayor Alexander stated he hates to see this go off the radar. Councilmember Williams asked what the amount was for Old Town Park improvements. Tom Grahn, Associate Planner, stated originally it was about $175,000, and when they went through the funding for this current program year, they allocated about $65,000 to $70,000 of that to cover different activities, which included the administrative activity of the Block Grant Program. Councilrnember Williams asked if they are decreasing the use of the park. Tom Grahn, Associate Planner, stated not at this point. City Council Minutes November 19, 2003 Page 12 MOTION: Moved by Howdyshell, seconded by Williams to approve staff's recommendation. Motion carried unanimously 5-0. [ H, PUBLIC HEARINGS No Items Submitted. I, CITy MANAGER!S STAFF REPORTS il. GRAND PRIX FIRE RECOVERY, RESTORATION AND HAZARD MITIGATION UPDATF (Oral) A power point presentation was given by Pamela Easter, Deputy City Manager, and Joe O'Neil, City Engineer, which is on file in the City Clerk's office. ACTION: Report received and filed. J. COUNCIL BUSINESS J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. [ K. IDENTIFICATION OF ITEMS FOR THE NEXT METING No items were identified for the next meeting. L; PUBLIC CoMMU~cATIONs No communication was made from the public. City Council Minutes November 19, 2003 Page 13 ~ M. ADJOURNMENT ~ MOTION: Moved by Kurth, seconded by Howdyshell to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:55 p.m. Respectfully submitted, City Clerk Approved: December 3, 2003