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HomeMy WebLinkAbout2006/04/19 - Minutes April 19, 2006 , CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER II II The Rancho Cucamonga City Council held a closed session on Wednesday, April 19, 2006, 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: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; and Joe O'Neil, City Engineer. ." * ."." * ." B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session items: B1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54956.9 - CITY OF RANCHO CUCAMONGA V. MALAKLOU, et al. - SAN BERNARDINO SUPERIOR COURT CASE NO. RCV 087469 (ASSESSOR'S PARCEL NUMBER 110-001-02). - CITY ." ." ."." ." ." 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 II Closed session began at 5:35 p.m. ****** II E. CITY MANAGER ANNOUNCEMENTS AND REpORTS ~] * * * * * * II F. RECESS ~l The closed session adjourned at 6:50 p.m. with no action taken. ****** City Council Minutes April 19, 2006 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reaular Meetina II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 3, 2006, 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 8:42 p.m. Present were Councilmembers: L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Absent was Council member: Rex Gutierrez Also present were: Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; Flavio Nunez, Assistant RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Anaiyst; Jose Ramirez, Information Systems Specialist; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Erika Darplee, Management Analyst I; Dan Coieman, Acting City Planner; Tom Grahn, Associate Planner; Trang Huynh, Building Official; Dave Moore Community Services Superintendent; Paula Pachon, Management Analyst III; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Deputy Chief Mike Bell; Fire Inspector Tim Fejeran; and Fire Prevention Specialist Michelle DeVous- Thomas, Rancho Cucamonga Fire Protection District; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * * * B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to West Valley Mosquito and Vector Control District in recognition of "Mosquito and Vector Control and West Nile Virus Awareness Week, April 24-29, 2006." The proclamation was presented by Dr. Min-Lee Cheng, District Manager, West Valley Mosquito and Vector Control District. B2. Presentation of a Proclamation in recognition of Recording for the Blind and Dyslexic's, April 23-29, 2006, as "Record-A-Thon Week." No one was present to accept the Proclamation, which will be mailed to them. B3. Presentation of a Proclamation in recognition of Parents of Murdered Children, April 23-29, 2006, as "National Crime Victim's Week." The Proclamation was presented to Agnes Gibboney, Leader for the Inland Empire Chapter Parents of Murdered Children. ****** City Council Minutes April 19, 2006 Page 3 II C. PUBLIC COMMUNICATIONS I] C1. Steve Renteria, Kenyon Way, talked about the organization that could not be present for item B2. He stated it is a very worthwhile organization and encouraged people to volunteer for them and donate money. C2. Jeri Lee, Rancho Cucamonga resident for 26 years, apologized to Councilmember Michael for accusing him of taking campaign contributions from the Fire Union. She asked that the City Attorney look into the three retired firemen voting on fire issues. She stated she is requesting this based on information she obtained from the League of California Cities. She asked if there is an agreement with the senior center issue that was discussed at the last meeting. Mayor Alexander stated that a modification has been made on this, but that it is still not completely resolved. He suggested she should get with the City Manager or City staff for further information. Ms. Lee referred to the Silver Fox regarding information about this and felt the City Council should reconsider some of the seniors concerns. She stated she can't understand why the City paid for a study to reopen Highland. James Markman, City Attorney, stated no member of the City Council has participated in any action where they had a conflict of interest. He stated he makes sure they do nothing to affect their pension. He stated he is well aware of this. A man, who did not identify himself, spoke about the upcoming Poker Ride Bike-A-Thon to take place on May 13 at 8:00 am. He stated it will start at REI in Rancho Cucamonga. Howard Williams, lived in Rancho Cucamonga for 13 years, asked that they follow what Costa Mesa has done and that laws will be enforced regarding iIIegai aliens. He stated he hopes the City doesn't end up like Pomona. He asked the Council to follow the laws. 'It***** D. CONSENT CALENDAR D1. Approval of Minutes: March 15, 2006 April 3, 2006 D2. Approval of Check Register dated March 29 through April 11, 2006, and Payroll ending April 11, 2006, for the total amount of $2,484,418.10. D3. Approve to receive and file current Investment Schedule as of March 31, 2006. D4. Approval of a Public Convenience or Necessity Determination, DRC2006-00295 - Smart & Final Stores, for a Type 21 Off-Sale General Alcohol license for a specialty food store in the Neighborhood Commercial District, located on the southwest corner of Base Line Road and Carnelian. Street - APN: 0207 -022-04. City Council Minutes April 19, 2006 Page 4 RESOLUTION NO. 06-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 21 OFF-SALE GENERAL ALCOHOL LICENSE FOR A SPECIALTY FOOD STORE IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF BASE LINE ROAD AND CARNELIAN STREET - APN: 0207-022-04 05. Approval of plans, specifications and estimate, and authorize the advertising of the "Notice Inviting Bids" for the "Base Line Road Street Light and Sidewalk Improvement Project" within Community Facilities District 2001-01, to be funded from Accl. No. 1612303-5650/1442612-0. RESOLUTION NO. 06-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASE LINE ROAD STREET LIGHT AND SIDEWALK IMPROVEMENT PROJECT" WITHIN COMMUNITY FACILITIES DISTRICT 2001-01, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 06. Approval to reject all bids received for the Bridge Maintenance and Rehab Project at Heritage Park as being non-responsive to the needs of the city, and approval to authorize the advertising of the "Notice Inviting Bids" for the "Bridge Maintenance and Rehab Project at Heritage Park," to be funded from Park Fees. RESOLUTION NO. 06-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BRIDGE MAINTENANCE AND REHAB PROJECT AT HERITAGE PARK" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 07. Approval of plans, specifications and estimate, and authorize the advertising of the "Notice Inviting Bids" for the "Solar Speed Detection Sign Project," to be funded from Accl. No. 1025001/5650-1530. RESOLUTION NO. 06-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "SOLAR SPEED DETECTION SIGN PROJECT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 08. Approval of an appropriation of $5,000.00 for design survey and printing of Wilson Avenue Street Widening and Rehabilitation from Archibald Avenue to Amethyst Avenue to Accl. No. 1172303- 5650/1586172-0, to be funded from Gas Tax/Proposition 2106-2107. 09. Approval of Parks, Recreation Facilities and Community Services Update. City Council Minutes April 19, 2006 Page 5 010. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for DRC2004- 00721, located at the northwest corner of Milliken Avenue and 7" Street, submitted by Fairway Business Centre, LLC, and Milliken and Greystone Properties, LLC. RESOLUTION NO. 06-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2004- 00721 RESOLUTION NO. 06-115 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 LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004-00721 011. Approval of Map, Improvement Agreement and Improvement Security for Parcel Map 16445, located on the north side of Sixth Street, approximately 1,000 feet east of Archibald Avenue, submitted by Chang Revocable Trust. RESOLUTION NO. 06-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16445, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY 012. Approval of Map for Tract 14759-3 located at Wardman Bullock Road and Wilson Avenue, submitted byPulte Homes-APN: 226-102-17. RESOLUTION NO. 06-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14759-3 013. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District NO.7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract 16226-1, located north of Day Creek Boulevard and west of Etiwanda Avenue, submitted by K. Hovnanian Forecast Homes, Inc. RESOLUTION NO. 06-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16226-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY City Council Minutes April 19, 2006 Page 6 RESOLUTION NO. 06-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16226-1 D14. 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 16320, located at the south side of Vista Grove, north of Wood ridge Drive, east of Hermosa Avenue, submitted by Team 7 Properties. RESOLUTION NO. 06-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16320, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-121 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 LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP 16320 D15. Approval of Improvement Agreement and Improvement Security for Traffic Signal at Long Meadow Drive and Victoria Park Lane for Tract No. 16372, located on the northwest corner of Church Street and Etiwanda Avenue, submitted by Victoria Arbors, LLC. RESOLUTION NO. 06-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR THE TRAFFIC SIGNAL AT LONG MEADOW DRIVE AND VICTORIA PARK LANE FOR TRACT 16372 D16. Approval to execute an Addendum to the Epicenter Rental Contract CO 94-039) with the Rancho Cucamonga High School for Waiver of Rental Fees associated with graduation ceremonies at the Rancho Cucamonga Epicenter in exchange for city use of the Rancho Cucamonga High School's gymnasium for the City's Youth Basketball Program for 2007 and 2008. D17. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $607,340.00 to the apparent low bidder, Gentry Brothers, Inc. (CO 06-036), and authorize the expenditure of a 10% contingency in the amount of $60,734.00 for the Milliken Avenue Pavement Rehabilitation from 4th Street to 6th Street, to be funded from AD 82-1 funds, Accl. No. 1600303- 5650/1467600-0 and Transportation funds, Accl. No. 1124303-5650/1467124-0 and appropriate an additional amount of $300,000 to Accl. No. 1124303-5650/1467124-0 from Transportation fund balance. City Council Minutes April 19, 2006 Page 7 018. Approval of a Street Frontage Reimbursement Agreement (CO 06-037) for construction of street and parkway improvements on the south side of 6th Street, west of Hyssop Drive (approximately 170 feet) in conjunction with development of Parcel Map 16010, submitted by RKW Development Corporation, SRA-42. RESOLUTION NO. 06-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A STREET FRONTAGE REIMBURSEMENT (SRA-42) EXECUTED ON APRIL 19, 2006, FOR THE INSTALLATION OF STREET AND PARKWAY IMPROVEMENTS ON THE SOUTH SIDE OF 6TH STREET, WEST OF HYSSOP DRIVE (APPROXIMATELY 170 FEET) 019. Approval of Improvement Agreement Extension for Parcel Map 16323, located on the east side of Haven Avenue, south of 6th Street, submitted by Ledesma & Meyer Development Company, Inc. RESOLUTION NO. 06-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 16323 D20. Approval of Improvement Agreement Extension for Tract 14771, located on the north side of Ringstem Avenue, east of Haven Avenue, submitted by Toll Brothers. RESOLUTION NO. 06-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14771 D21. Approval of Improvement Agreement Extension for Tract 16454-1, located southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 06-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454-1 D22. Approval of Improvement Agreement Extension for Tract 16567, located between Foothill Boulevard and San Bernardino Road and between Hellman and Malachite Avenues, submitted by WL Route 66 Associates. RESOLUTION NO. 06-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16567 City Council Minutes April 19, 2006 Page 8 023. Approval to release Maintenance Guarantee Cash Deposit for DRC2003-00319, located at the cul- de-sac terminus of Birdsong Place, west of Hermosa Avenue and south of Almond Street, submitted by Hardwood Homes. 024. Approval to accept Improvements, retain the Faithful Performance Bond in iieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC2004-00145, located on the south side of Arrow Route, east of Utica Avenue, submitted by Public Storage, Inc. RESOLUTION NO. 06-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2004-00145 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 025. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16612, located on the southwest corner of Day Creek Boulevard and Church Street, submitted by D.R. Horton Los Angeles Holding Co., Inc. RESOLUTiON NO. 06-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16612 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 026. Approval to release the Faithful Performance Bond No. 8193-62-79 in the amount of $2,768,209.00 for the improvements in Phase 3A of Community Faciiities District 2003-01, including street, storm drain, water main, traffic signals and fiber optic conduits, Contract No. 03-135. 027. Approval to release Faithful Performance Bond No. 2042010 in the amount of $827,058.40, for the Landscaping and Sidewalk in Phase 1A of Community Faciiities District 2001-01, Contract No. 04-011. 028. Approval to release Faithful Performance Bond No. 8195-82-23 in the amount of $1,388,377.70 for Phases 1B(B), 3B(A), & 3B(B) of CFD's 2001-01 & 2003-01 for street, storm drain, and related improvements on Foothill Boulevard, Contract No. 04-041. 029. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2002-00519, located at the northeast corner of Foothill Boulevard and the 1-15 Freeway northbound on-ramp, submitted by Fountainhead Delta. RESOLUTION NO. 06-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00519 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Wiliiams, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 4-0-1 (Gutierrez absent). "*"* * * "* * City Council Minutes April 19, 2006 Page 9 II E. CONSENT ORDINANCES ~ E1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REGULATIONS IN THE CITY OF RANCHO CUCAMONGA Debra J. Adams, City Clerk, read the title of Ordinance No. 757. ORDINANCE NO. 757 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Ordinance No. 757. Motion carried unanimously 4-0-1 (Gutierrez absent). ****** F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2006-2007 - A review of the federally required Annual Action Plan, which includes the final selection of CDBG projects, based on a new grant allocation of $1 ,034,606. A staff report was presented by Tom Grahn, Associate Planner. Councilmember Williams stated she is amazed what a great job Tom Grahn, Associate Planner, and his staff have done, and she is very proud of this program. Mayor Alexander opened the meeting for public hearing. Addressing the City Councii was: Bill Reeves, Nevada Court, asked if all the money from last year was allocated. Tom Grahn, Associate Planner, stated they used 100% of the money from last year. There being no further comment, the public hearing was closed. MOTION: Moved by Williams, seconded by Spagnolo to approve staff's recommendation and submit the appropriate paperwork to HUD. Motion carried unanimously 4-0-1 (Gutierrez absent). F2. CONSIDERATION OF AN ORDINANCE AND APPROVAL OF A RESOLUTION WHICH GOVERN REQUIREMENTS FOR THE DEDICATION OF PARK LAND AND/OR PAYMENT OF FEES IN-LIEU THEREOF IN CONNECTION WITH RESIDENTIAL SUBDIVISIONS OF 51 PARCELS OR GREATER A staff report was presented by Erica Darplee, Management Analyst I. 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. City Council Minutes April 19, 2006 Page 10 ORDINANCE NO. 759 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING REGULATIONS GOVERNING DEDICATION OF PARK LAND AND RELATED IN-LIEU FEES, AND AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 759 for the May 3, 2006 meeting. Motion carried unanimously 4-0-1 (Gutierrez absent). RESOLUTION NO. 06-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING PLANNED PARK LAND ACREAGE, RESIDENTIAL LAND VALUES, AND AVERAGE RESIDENTIAL DENSITIES, FOR THE PURPOSE OF CALCULATING LAND DEDICATION AND IN-LIEU FEE REQUIREMENTS PURSUANT TO CHAPTER 16.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 06-131. Motion carried unanimously 4-0-1 (Gutierrez absent). ****** G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE THAT ADOPTS CLARIFYING REFERENCES IN CHAPTERS 1. 2. AND 14 OF DIVISION OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE. ADOPTED BY REFERENCE. PERTAINING TO THE REGULATION OF ANIMALS IN RANCHO CUCAMONGA (URGENCY ORDINANCE) A staff report was presented by Kimberly Thomas, Management Analyst III. Debra J. Adams, City Clerk, read the title of Urgency Ordinance No. 760. ORDINANCE NO. 760 (URGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CLARIFYING REFERENCES iN PROVISIONS OF THE SAN BERNARDINO COUNTY CODE PREVIOUSLY ADOPTED BY REFERENCE, ADOPTING BY REFERENCE CHAPTERS 3 AND 12 OF DIVISION 2 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE, ALL PERTAINING TO THE REGULATION OF ANIMALS, AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Urgency Ordinance No. 760. Motion carried unanimously 4-0-1 (Gutierrez absent). City Council Minutes April 19, 2006 Page 11 ******** A recess was taken at 9:20 p.m. and called back to order at 9:37 p.m. with all Councilmembers present, except Councilmember Gutierrez. ******** G2. CONSIDERATION OF THREE ALTERNATIVES FOR HIGHLAND AVENUE A staff report and power point presentation were given by Jon Gillespie. Traffic Engineer. which is on file in the City Clerk's office. James Markman, City Attorney, stated the legal status is a problem because this has remained in limbo for some time. He stated this is not the end of the process. He stated the Council would have to take a legally binding final action, as stated in the Vehicle Code, in whatever they want to do. He continued talking about the three options the Council has to choose from. Councilmember Michael asked if the Faust report included the consideration of the 210 Freeway extension into San Bernardino. Jon Gillespie, Traffic Engineer, stated they did not include the freeway impacts. Mayor Aiexander referred to a list of Mr. Hostetter's speakers for this item. He opened the meeting for public input. Addressing the City Council were: Charles Schultz, Attorney, stated when the MOU was adopted it required the permanent closure of Highland and it was identified there was no need to reopen this street at any time. He felt the street should remain permanently closed. He stated if the Council makes a determination to open it partially or all of it, the General Plan should be changed. He stated if he were to come up with a plan to put in a collector street, it would be required to go through CEQA. Brian Bock felt when they moved here they could not easily access the neighborhood parks near where they live. He felt the Council should look at what is best for all the residents of the City, not just for this particular area. He felt there was very little access to schools and parks. He stated he is also concerned about access by police and fire around this area after reading the study. He stated the survey taken was almost split. He stated the people that have easy access to schools and parks are not concerned about opening it. Alan Hostetter felt Council member Gutierrez should be present on any vote taken because of the sensitivity of this issue. He stated he has documents which indicate that Highland should remain closed once the freeway opened. He stated nothing has changed about the need for reopening Highland. He stated they still feel the MOU Agreement should stand and that Highland should remain closed. He hoped the Council will honor the MOU. Jane Bradshaw stated she is not speaking on behalf of the Route 30 Task Force, that she is speaking for herself. She referred to the MOU and Resolution No. 96-036 which was approved by the Council prior to the freeway construction starting. She continued talking about the MOU and stated the intent was to keep Highland closed after the freeway opened, except for pedestrians and emergency vehicles. She stated the emergency gates slowing down emergency vehicies confuses her. She stated she will drive a little farther just to keep the kids in that neighborhood safe. Steve Renteria, Kenyon Way, stated he has been involved in this issue for 10 years by attending meetings. He mentioned if it is opened it will direct traffic down through a neighborhood. He continued to talk about the history as to why Highland was to remain closed. He stated their intention at all the previous meetings of the Task Force was to permanently keep Highland closed. He felt it was down to the safety of the families or the convenience of some. He asked that Highland remain closed. City Council Minutes April 19, 2006 Page 12 Eleen Crowl, Valinda, stated she is opposed to opening Highland. Holly Renteria, Kenyon Way, stated she would drive her daughter to school if Highland is reopened. She stated she can't believe they are here tonight with this subject reopened for discussion. She asked the Council to come see the traffic around Victoria Groves School to see it isn't safe. Keith Keene commented on the graffiti that has occurred throughout the City. He felt if Highland is opened there would be easier access for people to get their kids to school. Karen Paizan stated there haven't been any changes in the neighborhood, and was told that Highland would remain closed which is what they expect. She felt by reopening Highland, the traffic patterns will change when the area itself has not changed. Danielle Noll stated she was not sure what will happen to the kids if Highland is opened. She was concerned about what will happen around Victoria Groves School. She did not think a traffic study was necessary to figure out if Highland is opened that it will be unsafe. She asked that the study's recommendation not be used. She made comments for Jeff Noll, her Dad, who could not be present for this meeting. She stated he felt there was no question that Highland should remain closed. Gordon Crowl, Valinda, felt the road should remain closed. Joe White, Ring Avenue, backyard on 19th Street, stated the staff report says that by opening Highland "could" help response times. He stated this has been closed with no problems. He felt crime would increase if Highland is opened. He stated he didn't agree with the number of bus stops that were identified in the Faust Report. He asked the Council not to make their decision based solely on the report. Willie Young felt the closure of Highland has cut off their access to Haven. He stated when the fires occurred several years ago he had no way to get home. He felt there needed to be another outlet for him to get home. He felt Highland should be reopened. Mark Bridgeford felt this is an opportunity to make a win-win situation by approving Option 2. He stated he was concerned about the tagging and the drugs around the barricades, but felt option 2, if approved, was the best way to make everybody happy. Tom Spencer, Delaware Street, East side of the Deer Creek Channel, stated if Highland reopened, this would be a rerouting, not an opening of it. He felt the study was flawed. He feit if Highland is routed through Victoria would be a big mistake. He hoped the Council would permanently keep Highland closed. John Lyons stated he ran the campaign in 1999 to open Highland Avenue. He stated instead they got the auxiliary lane on the freeway. He presented surveys to the City Clerk they have received from their website. He felt by reopening the freeway would allow better access for people to get around the City. Mike Kerns showed a map with three fire stations that would respond in the area of Highland should there be an emergency, and felt they could make It within 10 minutes meeting National Fire Protection Association requirements. He talked about the devices that could be used to enter a gated area by emergency vehicles. Liticia Mary, lives north of Base Line, east of Archibald, stated she is hearing a iot of comments about this as it relates to Victoria Groves School. She told about the inconvenience to get to the school with Highland closed. She informed the Council that it is in all of the taxpayer's interest to reopen Highland. She felt all the citizens' concerns should be looked at when making this City Council Minutes April 19, 2006 Page 13 decision. She asked the Council to consider what precedent they would be setting by keepin9 Highland closed. She felt if this is approved there will be other streets near schools that will want their streets closed also. June Seal, Valinda Avenue, stated her concern is her children driving and would like to see 191h opened up. She asked the Council to consider this. Bill Reese, Nevada Court, felt Highland should be opened up. Dawn Pendziwlatr, stated children's safety is the most important thing and stated she understands both sides. She felt the staff report leans towards opening Highland. She continued commenting on the staff report package included in the agenda. Kevin Bogart, Bellhaven Court, stated his backyard backs up to the closure and stated there has always been racing on 191h and Highland. He stated they don't want all the traffic funneled down into their neighborhood. He felt if Highland is opened up it will be much more dangerous. He showed pictures of the area of an accident where a wall was crashed into due to cars racing. Mr. Benson stated he was one of the people that got this street closed back in 1998. He stated now they only have one way in and out. He felt it should be opened up. Jannetta Harris, Sonora Avenue, thanked the Council for listening and being so attentive to the people. She commented on the Council's Mission Statement. She stated she is In favor of keeping Highland closed. She stated she doesn't want to make this a gated community. She asked why the study was done and so much money spent on it. She stated she is tired of these meetings and asked the Council to make the decision that is best for the community and approve a policy to keep Highland closed. Frank Casas, Courtland, talked about the traffic around Victoria Groves School; and felt if Highland is opened, it will be used as a bypass road. He asked that Highland remain closed. James C. Frost, City Treasurer, talked about the statistics that had been presented. He showed slides, which are on file in the City Clerk's office, of various City streets and pointed out all of the improvements that have occurred over the years. He stated if he was on the Council he would recommend either Option 2 or would recommend Option 4 to block off Fairmont southbound and only provide northbound traffic. Ivan Monso talked about the pros and cons that were identified as well as comments previously made by the speakers. He felt if emergency vehicles could get through quicker to save someone, it should be reopened. He stated the convenience factor is also another reason to open it. He stated he didn't agree with the emergency gates. Lynn Whipp stated they were told when they bought their home that Highland would remain permanently closed. She stated she didn't want to have to worry about more traffic in this area. Melanie Ingram stated she is in favor of opening Highland. She stated response time is an important issue to her. She felt important information has been brought up by people speaking that the Council should consider in making their decision. A lady, who did not identify herself, told about an incident that she had to call 911 for. She commented on the traffic around Fairmont and asked the Council to consider speed bumps. She stated she is in favor of the closure. Lori Summers, Ring Avenue, felt Highland should remain closed and added she is very adamant about that. City Council Minutes April 19, 2006 Page 14 A man, who did not identify himself, talked about an incident where his sister had been run over and that this could have been prevented. He felt the kids' safety should be considered. He felt Highland should remain closed. Mayor Alexander stated it was suggested that Councilmember Gutierrez be given the opportunity to hear the testimony and listen to the audio and view the video tapes before the Council makes a decision. He stated he agreed with this suggestion. Councilmember Michael suggested the public hearing be closed and just allow for discussion of the Council at the next meeting. James Markman, City Attorney, stated he didn't feel it should be listed as an Adverted Public Hearing for the next meeting, that it should be listed to allow for Council and staff discussion only. Councilmembers Michael and Williams both felt Council member Gutierrez should be given the opportunity to listen to the tapes. MOTION: Moved by Williams, seconded by Spagnolo to close the public hearing and continue the discussions at the May 3 meeting after Councilmember Gutierrez has had the opportunity to listen to the tapes. Motion carried unanimously 4-0-1 (Gutierrez absent). ****** II H. CITY MANAGER'S STAFF REpORTS 11 No items submitted. ****** II I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Williams reminded everyone that the Bicycle Rodeo is this Saturday with all kinds of activities to occur. She stated it is a great event sponsored by our Sheriffs Department. ****** J. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified for the next meeting. ****** City Council Minutes April 19, 2006 Page 15 • K. ADJOURNMENT MOTION Moved by Williams, seconded by Michael to adjourn Motion carried unanimously 4-0-1 (Gutierrez absent) The meeting adjourned at 12 OS a m Respectfully submi~tt~ed~, ,~, C~-"-'~/~-K ebra J da s, CMC City Clerk • Approved May 17, 2006 •