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HomeMy WebLinkAbout2005/11/16 - Minutes November 16, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER 11 The Rancho Cucamonga City Council held a closed session on Wednesday, November 2, 2005, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Pamela Easter, Deputy City Manager; James Markman, City Attorney; and Joe O'Neil, City Engineer. ...... * * * * B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) 1 Mayor Alexander announced there was a request to add the following item to closed session due to its urgency in nature: 81. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS APN 0209-251-11, KVL PROPERTIES, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTIES - CITY MOTION: Moved by Williams, seconded by Michael to add the above listed item. Motion carried unanimously 5-0. * * * * * * C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. * * * * * * II D. CONDUCT OF CLOSED SESSION I Closed session began at 5:35 p.m. * * * * * * E. CITY MANAGER ANNOUNCEMENTS AND REPORTS ~ * * * * * * City Council Minutes November 16, 2005 Page 2 II F. RECESS II The closed session adjourned at 6:45 p.m. with no action taken. * ... 1r * '*' * CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reaular Meetina II A. CALL TO ORDER 'I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 16, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Wiliiam J. Alexander called the meeting to order at 7:19 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Mike Toy, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Jon Gillespie, Traffic Engineer; Bob Zetterberg, Integrated Waste Coordinator; Maria Perez, Associate Engineer; Curt Billings, Assistant Engineer; Julie Ungashick, Management Analyst II; Dan Coleman, Acting City Planner; Trang Huynh, Building Official; Dave Moore, Community Services Superintendent; Nettie Nielson, Community Services Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Poi ice Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Anaiyst III; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. * * * * * * II B. ANNOUNCEMENTS/PRESENTA TlONS II B1. Presentation of Certificates to the Ruth Musser Middle School Cross Country Team for achieving honors in the Mount San Antonio College Track Meet. Coach Jim Ratigan assisted with the presentation of certificates to the team. B2. Presentation by Cucamonga Valley Water District Director Robert Neufeld asking for support of "No Time to Waste: A Blueprint for California Water." Mr. Neufeld referred to the brochure that had been distributed to the City Council, which is on file in the City Clerk's office. He stated this was a program developed from over 400 water agencies, and its purpose was to make sure there is enough water for everyone for years to come. He stated it is also an effort to get people not to waste water. He stated they are asking that the City Council adopt a resolution at a future meeting to support this water blueprint. He stated CVWD is a leader in water agencies in the State of California, but added it is very important to get support for this blueprint. He asked the Council to bring a Resolution back at the next meeting. City Council Minutes November 16, 2005 Page 3 ******** Rex stated at the last meeting there was a very intense item and he made a comment that was not intended to be mean, crude or inappropriate against Mayor Alexander. He apologized and wanted Mayor Alexander to know that. He stated there are too many chailenges ahead to get personal and offered his hand of friendship to Mayor Alexander. ******** ... ... *... * * II C. PUBLIC COMMUNICATIONS II C1. John Lyons, Etiwanda area, feit Councilmember Gutierrez put the public on trial over the Margarita Beach item at the last meeting. He did not feel Mayor Pro Tem Williams controiled the meeting very well. He felt she should be removed as Mayor Pro Tem and get someone else to run this hearing when it is heard again. He felt Margarita Beach and the public deserve a fair hearing. He mentioned Highland Avenue and wanting it to re-open in the Fairmont area. He felt this was a life safety issue and should be reopened. C2. Alan Hostetter stated he was present to speak about the Highland Road closure. He wanted to commend Deputy Stacy Schneiderwent for doing a great job in ticketing people in this area. He wanted to address some of the comments made by Guy Eisenbrae at the last meeting. He stated they are not trying to create a gated community for themselves. He stated they just want their neighborhood to remain livable and safe. He stated this road has been closed for five years. He stated to save 30 seconds by reopening it was not necessary. He asked the Council to join them and keep Highland Avenue closed. C3. Jeff Noll showed maps to the Council relating to the Highland Avenue closure. He stated when the freeway backs up, ail the people wiil drop down to Highland and through City streets if Highland is reopened. He felt this would greatly impact the neighborhoods in this area. He stated it is also projected that the 210 Freeway wiil get more crowded once the 215 connects to it. He asked the Council when they vote on this matter to consider ail the testimony before voting. He stated if the Council votes to reopen this road it will create danger to the neighborhoods. He asked them to do the right thing and keep the road closed. C4. Frank Ancona and his sister, residing on Appie Lane, was present to talk about Relay for Life. He thanked the Council for their support of raising money for cancer. He stated he is here to get support from the Council so they can hoid their meetings at Central Park for free. Cindy Runge (987-8854) can be contacted about their event. Councilmember Gutierrez asked when the relay was. Frank Ancona stated May 20. Dennis Michael stated their item is on the Consent Calendar and to watch for the vote. C5. Alex Williams stated she has been at prior Council meetings for school, and felt she has learned a lot by being here. She stated she appreciated Mr. Gutierrez listening to both sides of the Margarita Beach issue. She stated she appreciated the opportunity to be here at the meetings. C6. Jim Moffit, resident for 33 years, stated he was appailed by Counciimember Gutierrez's previous comments at the last meeting. He hoped the people would realize what we have on the Council and rectify this at the poils next November. C7. Cindy Gordon, resident for 15 years, stated she had previously met Rex Gutierrez when he knocked on her door. She told how he helped with a school bussing issue and a speeding issue on her street. City Council Minutes November 16, 2005 Page 4 She stated he was instrumental in getting a stop sign installed on her street and thanked him for his efforts. C8. Randall Grahm talked about the arts and arts education. He stated he is in Rancho Cucamonga to start a ballet company for the Inland Empire. He stated they would be starting a new production of the Nutcracker, which will be held Oecember 23 at 7:00 p.m. at Gardener Spring Auditorium. He stated they are looking forward to the opening of the Lewis Family Playhouse to open soon. C9. Heide Chesler, San Sevaine Road, stated there is construction on their street and talked about the speeding going on in their neighborhood. She stated Councilmember Gutierrez has met with them and has helped them with their issues. She thanked him for his assistance. C10. Joe Estrada has lived in the City for nine years. He mentioned comments made by Mayor Alexander at the last meeting. He felt Councilmember Gutierrez has apologized to the Mayor, and now the Mayor shouid apologize to Councilmember Gutierrez. He felt Mayor Alexander should step up and be a leader to the community and the Council. He stated it is crazy how the Council continues to bicker. He stated personal attacks are not going to get anyone any place. C11. Victor Garcia felt there were more important things to do besides personal attacks on each other. He stated he agreed with Mr. Estrada on the bickering issue. He sated Councilmember Gutierrez has met with the neighbors on the Highland Avenue closure. He stated he is in favor of keeping Highland closed. He felt Councilmember Gutierrez was alone on this issue and does not see other Councilmembers visiting the neighborhoods to try to help people. He felt differences should be put aside and everyone should work together. He felt the bickering should be put aside. C12. Erin Nielsen, 19th and Haven Avenue, and part of the Highland Closure effort, thanked Alan Hostetter and members of their group, and hoped the Council would vote to keep Highland closed. C13. Gwyn Frost stated this Saturday at the Chaffey Garcia House will the be annual open house from 10:00 a.m. to 3:00 p.m., and stated it is a great way to learn about the history of the City. She wanted to talk about tradition. She stated last year she was disappointed the parade was cancelled. She stated this year the parade was fun but didn't think it followed tradition. She suggested for the future that the parade be handled as it has been in the past, and to also include the mall parade as a separate parade. She felt we could do two parades for the future. C14. Bill Me Climan stated this evening is quite shocking to him. He brought up people thanking Councilmember Gutierrez for his help, but then brought up issues he had previously voted on as far as the dog kennel in the northern part of the City, the Public Safety Commission that was voted down, he asked the Council to vote for the strategic plan tonight and help the citizens. He stated the FBI report indicates Rancho Cucamonga is less safe than it has been in years past. He felt the Councii is here to do a job and that it should be done on integrity and leadership. He felt the Council should vote for more police and fire to protect the City and its citizens. * * * * * * II D. CONSENT CALENDAR ~I 01. Approval of Warrants, Register Nos. 10/26/05 through 11/8/05 and Payroll ending 11/8/05 for the total amount of $3,884,826.77. 02. Approve to receive and file current Investment Schedule as of October 31,2005. 03. Approval of an Armed Services Banner Sponsorship Program. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. City Council Minutes November 16, 2005 Page 5 D4. Approval of a budget appropriation for a business reimbursable account for the Third Party Electrical Certification Program in an amount not to exceed $35,000 to Accl. No. 1-001-000-4507 (Revenue) and Accl. No. 1-001-302-5303 (Expenditure). D5. Approval of Parks, Recreation Facilities and Community Services Update. D6. Approval to accept Mobile Data Terminals previously declared surplus equipment as approved on October 19, 2005. D7. Approval of a request from Alta Lama High School for the waiver of Lions Center West Room rental fees for five mentorship program meetings for freshman female students (November 2005 - May 2006) in order to continue to strengthen the City/School District Partnership. D8. Approval of a request from the American Cancer Society for the waiver of Central Park room rental fees for a monthly community/planning meeting (December 7, 2005 through May 2006) for the Relay for Life Evenl. D9. Approval of a recommendation by the Park and Recreation Commission for street banner applications and schedule for calendar year 2006. D10. Approval of Historic Landmark Designation DRC2005-00377 - Richard and Sharon Lea - A request for Historic Landmark Designation at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19. RESOLUTION NO. 05-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION DRC2005-00377 DESIGNATING THE ALDERFER HOUSE, LOCATED AT 8308 BAKER STREET AS A HISTORIC LANDMARK; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-583-19 D11. Approval of Mills Act Agreement (CO 05-111) DRC2005-00376 - Richard and Sharon Lea - A request for Mills Act Agreement at an existing residence in the Medium (M) Residential District, located at 8308 Baker Avenue - APN: 0207-583-19. D12. Approval of a public convenience and necessity - DRC2005-00896 - Allura Farm Dairy (VANNAC DY) - A request to determine a Public Convenience and Necessity for a Type 20 off-sale beer and wine license for a convenience store in the General Commercial District, located on the east side of Grove Avenue and south of 9th Street - APN: 0207-252-89. RESOLUTION NO. 05-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 8809 GROVE AVENUE - APN: 0207-252-89 D13. Approval of a Consumer Price Index (CPI) adjustment and landfill fee increases by franchised haulers, Burrtec Waste Industries, Inc. and Waste Management of the Inland Empire, as per their contract agreement, to be effective with the November 2005 billing. City Council Minutes November 16, 2005 Page 6 RESOLUTION NO. 05-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RATES FOR RESIDENTIAL AND COMMERCIAUINDUSTRIAL REFUSE COLLECTING WITHIN THE CITY OF RANCHO CUCAMONGA D14. Approval of a Reimbursement Agreement (CO 05-112) SRA-38 for Improvements to Banyan Street west of Bluegrass Avenue, in conjunction with the development of the Rancho Etiwanda Project (Elementary School Frontage Improvements), located on the south side of Banyan Street between Bluegrass Avenue and the west boundary of Tract 13812, submitted by Rancho Etiwanda 685, LLC, and approval to appropriate $200,000.00 from Transportation Fund balance to Accl. No. 1124303- 5650/1026124-0. RESOLUTION NO. 05-312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR IMPROVEMENTS TO BANYAN STREET, BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13812, SRA-38 D15. Approval of a Reimbursement Agreement (CO 05-113) SRA-40, for Median Landscaping on Wilson Avenue, west of Bluegrass Avenue, in conjunction with the development of Rancho Etiwanda Infrastructure Phase II, located on the north side of Wilson Avenue between Bluegrass Avenue and the west boundary of Tract 13527, submitted by Rancho Etiwanda 685, LLC, to be funded from Construction Permit Accl. No. 1882-000-2315. RESOLUTION NO. 05-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR MEDIAN LANDSCAPING ON WILSON AVENUE, BETWEEN BLUEGRASS AVENUE AND THE WEST BOUNDARY OF TRACT 13527, SRA-40 016. Approval to accept the bids received and award and authorize the execution of a contract (CO 05- 114) in the amount of $178,088.00 to the apparent low bidder, Lightning Fence Company, and authorize the expenditure of a 10% contingency in the amount of $17,808.80, for the Beryl Park Sports Field Screen, to be funded from Park Development Funds, Account No. 1120 305 5650/1335120-0. 017. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 8777 Center Avenue located on the east side of Center Avenue south of 251h Street submitted by Michael R. Ross and LaBarge Industries. RESOLUTION NO. 05-314 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 8777 CENTER AVENUE (APN: 0209-122-04) 018. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 5474 Ranch Gate Road located on the northwest corner of Ranch Gate Road and Hillside Road, submitted by Peter B. Gunby and Sandra M. Gunby. City Council Minutes November 16, 2005 Page 7 RESOLUTION NO. 05-315 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 5474 RANCH GATE ROAD (APN: 1061-041-06) D19. Approval of a Summary Vacation of Ingress and Egress Easement located south of the intersection of Stable Falls Avenue and Rodeo Drive (SUBVAC202) requested by BCA Development (APN: 0225- 161-31). Related file: SUBTT16812. RESOLUTION NO. 05-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE REMNANT PORTION OF AN INGRESS AND EGRESS EASEMENT SOUTH OF THE INTERSECTION OF STABLE FALLS AVENUE AND RODEO DRIVE (V-202) - APN: 225-161-32 D20. Approval to accept the Electrical Distribution System Cabling, Connections and Equipment Project, Contract No. 03-127, as complete, retain the Faithful 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 $3,009,145.39. RESOLUTION NO. 05-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ELECTRICAL DISTRIBUTION SYSTEM CABLING, CONNECTIONS AND EQUIPMENT PROJECT, CONTRACT NO. 03-127 AS COMPLETE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval of plans and specifications for a Windscreen Installation at the Rancho Cucamonga Metrolink Station and authorize the advertising of the "Notice Inviting Bids" and authorize the appropriation of $15,000 from Capital Reserve Fund Balance into 1025 001-5602 (Capital Outlay Building & Improvement) RESOLUTION NO. 05.318 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR A WINDSCREEN INSTALLATION AT THE RANCHO CUCAMONGA METROLlNK STATION AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 022. Approval of plans, specifications and estimates and authorize the advertising of the "Notice Inviting Bids" for the Highland Avenue Linear Park Wall Construction, to be funded from Account No. 1120305- 5650/133512-0. RESOLUTION NO. 05-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HIGHLAND AVENUE LINEAR PARK WALL CONSTRUCTION, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes November 16, 2005 Page 8 023. Approval to release Faithful Performance Bond No. 104028074 in the amount of $3,522,410.00, for the Hermosa Avenue Storm Drain and Street Improvements from 280' North of Base Line Road to Alta Loma Channel, Contract No. 03-082. 024. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16371, located on the southwest corner of Victoria Park Lane and Base Line Road, submitted by US Homes Corporation. RESOLUTION NO. 05-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16371 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 025. Approval to accept improvements relating to Faithful Performance Bond No. 6243458, release the Faithful Performance Bond and accept a Maintenance Bond for Tract 16370 located on the northwest corner of Church Street and Arbor Lane, submitted by US Homes Corporation. 026. Approval to accept improvement, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16312, located on the northwest corner of Day Creek Boulevard and Church Street, submitted by Victoria Arbors, LLC. RESOLUTION NO. 05-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16312 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 03. Motion carried unanimously 5-0. DISCUSSION OF ITEM 03. Approval of an Armed Services Banner Sponsorship Program. Councilmember Williams stated she has been approached by people regarding this program, and asked for a staff report on this. A staff report was presented by Linda D. Daniels, RDA Director. Motion: Moved by Williams, seconded by Gutierrez to approve item 03. Motion carried unanimously 5-0. * * * * * * E. CONSENT ORDINANCES No items submitted. * * * * * * City Council Minutes November 16, 2005 Page 9 II F. ADVERTISED PuBLIC HEARINGS ~ F1. CONSIDERATION OF AN ORDINANCE THAT ADOPTS BY REFERENCE ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO AND AMENDS TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE (second reading) A staff report was presented by Kimberly Thomas, Management Analyst III. Mayor Alexander stated it is sad that after all of these years we had to do this and that this is oniy for a short time. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 750. ORDINANCE NO. 750 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO BY REFERENCE, AND AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Ordinance No. 750. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00699 - THE RANCH GROUP - A request for a land use amendment from Industrial Park with a Master Plan, to Low Medium Residential (4-8 dwelling units per acre) on 18.6 acres, located at the southwest corner of Archibald Avenue and 6th Street - APN: 0210-062-08. Related File: Development District Amendment DRC2004-00700. Items F2 and F3 were considered together. A staff report was presented by Larry Henderson, Principal Planner. Councilmember Gutierrez questioned the density of the those in the Hawthorne project. Larry Henderson, Principal Planner, stated 4-8 dwelling units per ace, which is the same as this. Councilmember Gutierrez confirmed this will not be part of the gated community adjacent to it. Larry Henderson, Principal Planner, stated yes. Mayor Alexander opened the item for public hearing. There being no response, the public hearing was closed. City Council Minutes November 16, 2005 Page 10 RESOLUTION NO. 05-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00699, A REQUEST FOR A LAND USE AMENDMENT FROM INDUSTRIAL PARK TO LOW-MEDIUM RESIDENTIAL IN CONNECTION WITH A PROPOSAL FOR A MASTER PLAN FOR 79 SINGLE-FAMILY LOTS (4-8 DWELLING UNITS PER ACRE) ON 18.6 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08 MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution No. 05-322. Motion carried unanimously 5-0 F3. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2004- 00700 - THE RANCH GROUP - A request for a Development District Map Amendment from Industrial Park with a Master Plan, to Low Medium Residential (4-8 dwelling units per acre) with a Master Plan for 79 single family residential lots on 18.6 acres, located at the southwest corner of Archibald and 6th Street - APN: 0210-062-08. Related File: General Plan Amendment DRC2004-00699. See discussion under item F2. Debra J. Adams, City Clerk, read the title of Ordinance No. 751. ORDINANCE NO. 751 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700, A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP FROM INDUSTRIAL PARK (SUBAREA 16) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 18.6 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062- 08 MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading for the December 7, 2005 meeting. Motion carried unanimously 5-0. F4. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION AMENDING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 94-01 AND ENTERTAINMENT PERMIT 91-03 FOR MARGARITA BEACH. LOCATED AT 9950 FOOTHILL BOULEVARD - APN: 1077- 621-34 (CONTINUED FROM NOVEMBER 2, 2005) James Markman, City Attorney, stated he has been in search of hearing dates since the last meeting. He stated the City Manager felt instead of having a special meeting to conduct this hearing it should be held at a regular meeting. He stated Mr. Westin could not be present tonight. He stated the date that meets everyone's schedule is December 21, and then the next hearing would be January 18, 2006. He stated it is recommended to have the second hearing on December 21 at 7:00 pm. in this room. James Reese, an attorney for Margarita Beach, asked that this be continued to December 21, and then if it could not be concluded at that time, it then be continued to January 18 for any rebuttal comments. He stated they agree with the continuance of December 21. MOTION: Moved by Michael, seconded by Williams to continue the item to December 21. City Council Minutes November 16, 2005 Page 11 A man, who did not identify himself, stated he wonders why this is going to be continued again, and that this has been going on for almost a year. He stated he is very frustrated with this process and that he wants fairness. James Markman, City Attorney, stated it cannot be held any earlier since the attorneys for Margarita Beach are involved in another court case. The unidentified man stated this is difficult because of the holidays around that time. He reiterated again that he is frustrated. He stated he didn't want to delay the hearing. John Lyons had comments to make about this item. James Markman, City Attorney, stated he couldn't do that at this time, or the Mayor would have to leave. Motion carried unanimously 5-0. '* '* '* '* '* '* G. PuBLIC HEARINGS G1. APPROVAL OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS IN APN'S: 0209-143-02. 0209-251-05. 0209-242-08. 0209-251-11. 0209-251-14, 0209-131-02, 0209-131-01. 0209-242-07 AND 0209-242-06 IN CONNECTION WITH THE CONSTRUCTION OF THE HAVEN GRADE SEPARATION PROJECT. A staff report was presented by Maria Perez, Associate Planner. She stated Resolution No. 05-330 would not be needed due to a settlement with the Amador Family. James Markman, City Attorney, stated Resolution No. 05-327 has a letter from the attorney, Edward Burg, requesting to speak, and that there is another request to speak from Landmark with regards to the property in Resolution No. 05.328. He stated there is a comprehensive staff report. He stated what this hearing is really about is whether the Information in the report, plus what is heard this evening, support the Councii's ability to make those findings in Section 6. He stated it is not about reaching an ultimate price or agreement with the property owners for the interest being taken. He stated the City will always continue to do that whether these Resolutions are adopted. He continued to point out the findings in Section 6. He stated this is what the hearing is about and it is about moving the process forward. He stated it does not preclude the City from reaching an agreement with any or all of the property owners involved. Mayor Alexander opened the meeting for public input. Addressing the City Council were: David Halstead, of D. R. Landmark, Inc., stated they need more time to get the right price for their property. Mayor Alexander stated this action does not stop the negotiation process. Edward Burg, representing Hofer Properties, LLC, who is one of the owners for the property at 8812 Haven Avenue - Resolution No. 05-327, stated this is important to Hofer Properties who objects to the approval of the Resolution of Necessity. He stated this should have had a full environment review and considered all of the alternatives of this project instead of just merely doing a negative declaration. He stated the offer made to the owners of record, per Government Code Section 7267.2, has not been properly made. He stated all owners of record should have received the offer and added that Hofer Properties is not the sole owner of record. He stated no proper offer was made to the co-owner of this property. He also questioned the information given to them in the offer stating it was incorrect with regards to the description of the property. He stated the information is conflicting and that Hofer is not sure what is the correct information. He City Council Minutes November 16, 2005 Page 12 felt there would be a loss of visibility because of the grade of this project once completed. He felt this issue should be considered by the Council when taking action on this. He continued talking about how this would negatively affect his client's property. He urged the Council to follow the law before taking eminent domain action and to protect the property rights of Hofer Properties. Charles Cummings, representing the owner of the property on the southeast corner of Haven and Jersey - Resolution No. 05-323, stated he could repeat the same information presented by Mr. Burg, but that the main issues identified by Mr. Burg are the same as his client's, i.e., access to the property and the visibility ot the property from Haven. He asked if there would still be access to Haven Avenue. Mayor Alexander stated the City Attorney has suggested there be a 10-minute break to answer any questions. There being no further input, public comments were closed. ******** A recess taken at 9:04 p.m. The meeting was called back to order at 9:16 p.m. with all Councilmembers present. ******** James Markman, City Attorney, stated all the questions have been answered that were previously brought up. He stated it is requested to approve Resolution Nos. 05-323, 05-324, 05-325, 05-326, 05- 328 and 05-329. That Resolution 05-327 would be brought back at a later date and Resolution No. 05- 330 has been settled. RESOLUTION NO. 05-323 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-143- 02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-324 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-251- 05 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-325 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242- 08 0209-251-11 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT City Council Minutes November 16, 2005 Page 13 RESOLUTION NO. 05-326 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-251- 14 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-327 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131- 02 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-328 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-131- 01 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-329 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242- 07 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT RESOLUTION NO. 05-330 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0209-242- 06 NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE HAVEN GRADE SEPARATION PROJECT MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution Nos. 05-323, 05-324, 05- 325, 05-326, 05-328 and 05-329. Motion carried unanimously 5-0. Not approved were Resolution Nos. 05-327 and 05-330 as stated above by the City Attorney. * * * * * * City Council Minutes November 16, 2005 Page 14 II H. CITY MANAGER'S STAFF REPORTS II No items submitted. * * 1< * * * [I I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael asked that at the next meeting the issue of the strategic plan be addressed. Councilmember Williams stated the Founder's Day Parade was great fun. She heard a lot of great comments and felt this type of parade was a great tradition to start. She stated the Library Foundation and the Community Foundation are raising money for the Cultural Arts Center. She stated the Lewis family also has donated $1 million towards this. She hoped we would have the Nutcracker in our own Cultural Arts Center in 2006. Councilmember Spagnolo stated we are in the process of hiring fire fighters and equipment for station 7. He stated we are also adding more Deputies to the Police Department. He stated as the City grows, we will add even more since public safety, which is a priority. He stated the Veterans Day ceremony at the Senior Center was a great event, and that the folding of the flag was very symbolic. He stated the parade was great at the mall. Councilmember Gutierrez felt the parade at the mall was a great start. He stated his dream is to have this as an evening parade with lights on everything, to also include fireworks, etc. He stated he enjoyed the Veterans Day ceremony at Central Park. He stated he is also concerned about public safety and that the response time is a very serious issue. He felt units should be stationed at the top of the hill where they are needed for a better response. He stated he is impressed that we still have a relatively safe City and that we are hiring more police to keep the City safe. He stated he is proud to be part of this City. Mayor Alexander hoped there would be a report at the next meeting from both police and fire as to where we are going with regards to public safety and also the progress that has been made. He stated he would like dates as to when we will get to where we want to be. He felt the public should know that the City Council is pushing the City Manager and Finance people to get all the numbers together for taking these actions. He stated he is glad the people have spoken regarding the closure of Highland. He added all of the studies have not been completed by Engineering with regards to this issue. 12. DISCUSSION OF THE REESTABLISHMENT OF THE CITY COUNCIL'S ANIMAL SHELTER AD HOC SUBCOMMITTEE - (CONTINUED FROM 11/2105) (Oral) Mayor Alexander stated this City has operated for a long time by running subcommittees, which helps to get things done quicker. He felt information for the public is not getting out as quick because it is taking longer to get things done. He stated a lot more can get done by a two-person subcommittee and then the whole Council can vote on what is being recommended by the subcommittee. He asked that this go back to a subcommittee of two to help move this along faster. Councilmember Spagnolo stated when the meetings were held in the afternoon there were a lot of people there because they are the volunteers. He stated we do this with all of the other subcommittees and felt this should be a subcommittee of two. Councilmember Williams asked what is not getting taken care of timely and did not understand. City Council Minutes November 16, 2005 Page 15 Councilmember Spagnolo felt it was the participation of the public that is not taking place because a lot of people cannot attend the meetings at night. He stated he received an email from someone that was excited about having the meetings during the day to meet with the subcommittee. Mayor Alexander stated there are issues that continually come up to be dealt with. He stated it is the day-to-day issues that need immediate attention. Councilmember Williams stated she would be willing to set a date for a daytime meeting so everyone could attend. Councilmember Gutierrez thought more people could come to a night meeting as opposed to daytime because of work schedules. Councilmember Spagnolo stated the people that come to these meetings can only come during the day and not the evening meetings. Mayor Alexander opened the item for public comments. Addressing the City Council were: Nicole Myerchin stated she appreciated what Mayor Alexander was trying to do, but felt it was falling of deaf ears. She stated recently there was a community meeting and not one Councilmember was there. She felt if there had been a subcommittee in place, they would have been there. Councilmember Gutierrez asked what she waned to accomplish with a subcommittee that cannot be accomplished with the full Council. Ms. Myerchin stated once this was opened up to include the full Council, all the informational meetings dropped off. Pamela Easter, Deputy City Manager, stated there will be a three meetings in December and January with presentations to be made by Mr. Winograd that will include the full Council. Councilmember Michael stated he is here to do the best job for the City and not concentrate on a 3-2 or whatever vote. He stated during the goal setting held last February 2005, it was decided by the full Council to be involved in all of the animal control issues. He stated if all the Council cannot attend a daytime meeting, it should not be rescheduled. He stated he would still like to be involved in all issues concerning this matter. He stated he would like to stick with the commitment to hold daytime meetings if necessary to accommodate the public. Councilmember Williams stated she would like to set a time and place to hold regular meetings where the public could come and talk to the Council about animal issues. Councilmember Gutierrez urged them to set the meeting at 3:00 p.m. because of his job. After further discussion, the following motion was made: MOTION: Moved by Alexander, seconded by Spagnolo to go to a two-person subcommittee as of January 30 after the upcoming community meetings have been held. Councilmember Spagnolo stated this is a matter of picking and choosing what to have a subcommittee for and what not. He stated everything is a hot topic. Motion carried unanimously 5-0. 13. REPORT ON THE GRAFFITI PROGRAM (Oral) A report was presented by Julie Ungashick, Management Analyst II; Trang Huynh, Building Official; and Deputy David Fraya of the Police Department. City Council Minutes November 16, 2005 Page 16 Julie Ungashick, Management Analyst II, talked about the staff that are involved in this program. She talked about the 24-hour turn-around to remove the graffiti, and mentioned the different types of graffiti that occurs. She talked abut the graffiti hotline and that it can be reported anytime. She also mentioned the adopt-a-wall-program. Councilmember Michael stated he would like to see what we can do on private property to eliminate graffiti that is really bad. Councilmember Gutierrez stated he brought this up because he feels he is seeing more graffiti recently. He hopes the public will be aware of the hotline number and call it when they see any graffiti. Mayor Alexander stated he felt it takes a long time to remove graffiti from County property. He asked how we get this removed. Julie Ungashick, Management Analyst II, stated we contact them and if it takes a long time, the City will go in and do it ourselves. Councilmember Gutierrez stated he is glad the City gives people paint to get rid of the graffiti. He felt we should put the paint we give them in smaller containers as opposed to the larger containers we currently use, so it is not wasted. Trang Huynh, Building Official, talked about Code Enforcement's volunteer program to work on graffiti removal and other code issues. He talked about the code enforcement grant for $100,000, which will purchase trucks with computers that can match the paint of a location so the graffiti can get removed more efficiently. He stated once they get the volunteer on board, they will come up with something like a "community day" to get graffiti removed. Deputy David Fraya of the Rancho Police station, who is on the Solution Oriented Policing Team, stated as of September 2005, the Sheriff's Department organized their own graffiti removal team. He stated they go out on the weekends and remove graffiti from private and public property with the owner's consent. Councilmember Michael suggested they work cooperatively with the City's graffiti removal efforts. ACTION: Report received and filed 14. REPORT ON THE AIM ALL STORAGE PROJECT (Oral) A staff report was given by Trang Huynh, Building Official, and Dan Coleman, Acting City Planner. An overhead was provided, which is on file in the City Clerk's office. Dan Coleman, Acting City Planner, stated staff is looking at tackling the Aim All Storage issues late January, early February once the Margarita Beach item is completed. He also referred to correspondence that was received from Aim All's legal counsel. Councilmember Gutierrez felt when there are developer meetings with the neighborhood, they need to be recorded so the developer can't come back and say they didn't agree to something. He felt we should talk with the neighbors and see if they are happy. He stated he wants to pursue the CUP review after the first of the year. He felt they should take a look at the gap between the walls that the neighbors are unhappy with. He also felt there should be a sound test taken when it rains on the metal roofs. * * .. .. .. * City Council Minutes November 16, 2005 Page 17 II J. ADJOURNMENT II MOTION: Moved by Williams, seconded by Alexander to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:58 p.m. ~ Approved: December 21, 2005