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HomeMy WebLinkAbout2006/06/21 - Minutes June 21 , 2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, June 21, 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; Larry Temple, Administrative Services Director; Joe O'Neil, City Engineer; and George Rivera, Administrative Services Manager. '" '" '" * * '" II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) II Mayor Alexander announced the closed session item: B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS - CITY B2. CONFERENCE WITH LEGAL COUNSEL REGARDING APPROVAL OF COURT ORDER TO INCREASE FUNDS ON DEPOSIT IN PENDING EMINENT DOMAIN MATTER PURSUANT TO GOVERNMENT CODE SECTION 54956.9, AS RELATED TO THE HAVEN AVENUE GRADE SEPARATION PROJECT - 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. '" * '" * * * E. CITY MANAGER ANNOUNCEMENTS AND REpORTS l '" '" '" '" '" .... City Council Minutes June 21, 2006 Page 2 II F. RECESS II The closed session recessed at 6:50 p.m. and reconvened at 11 :15 p.m. Closed session adjourned at 12:15 a.m., June 22, 2006, with the following action taken: MOTION: Moved by Gutierrez, seconded by Spagnolo to approve Resolution No. 06-209. Motion carried unanimously 5-0. * * * * 1< * CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES ReGular MeetinG II A. CALL TO ORDER I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 21, 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 8:15 p.m. Present were Council members: 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; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Mike Toy, Information Systems Specialist; Jon Gillespie, Traffic Engineer; James Troyer, City Planner; Dan Coleman, Principal Planner; Kevin McArdie, Community Services Director; Nettie Nielsen, Community Services Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Chief Peter Bryan and Deputy Chief Mike Bell Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Rancho Cucamonga Police Department; Kathy Scott, Deputy City Clerk; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * * * II B. ANNOUNCEMENTS/PRESENTA nONS ~ B1. Presentation of a drowning prevention video. Captain Pete Ortiz, Rancho Cucamonga Police Department, presented a drowning prevention video to promote swimming pool safety. * * * * * * II C. PuBLIC COMMUNICATIONS ~I C1. John Lyons talked about Carlos Bolcanagra from world cup soccer. He stated he is NO.3 from Alta Loma and representing America. He stated he would like to salute him. He reminded everyone with fast cars that there is legal street racing on July15 and 16 at the California Speedway where it is safe to race. City Council Minutes June 21, 2006 Page 3 C2. Jeri Lee thanked City Manager Jack Lam and Community Services Superintendent Dave Moore for putting the attendants back in the exercise room at the senior center. She stated this program has really improved her health. She talked about the proposed project near Red Hill Country Club and stated only those within 500 feet are notified about the public hearing. She felt more people should be notified of these types of issues. She stated she was not aware of the fire station at Heritage Park either. She hoped the General Plan would not be amended and left as is. C3. Kelly Heiiig reported to the public about all of the wonderful things happening at the animal shelter. She talked about her volunteer time there. She talked about the care the City has given to the animals once the City took over the facility and how dedicated the City employees are. She stated there are people all the time wanting to volunteer. She talked about the donations given to support the shelter. She encouraged everyone to visit the shelter and adopt a pel. C4. Mel Dietrich stated after the meeting a couple weeks ago he was labeled or identified as a trouble maker because he opposed the Sycamore Villas project near the Red Hill area. He stated even though he does not live near this project, he is still concerned. He asked the Council not to ignore the correspondence and comments made from people about this project and to consider this when making their decision. * * * * * * II D. CONSENT CALENDAR II May 3, 2006 May 17, 2006 (Michael absent) June 1, 2006 (Special Meeting) June 1, 2006 (Special Closed Session) D2. Approval of Check Register dated May 31 through June 13, 2006, and Payroll ending June 13, 2006, for the total amount of $4,458,356.55. D1. Approval of Minutes: 03. Approve to receive and file current Investment Schedule as of May 31, 2006. D4. Approval to authorize the advertising of the "Notice Inviting Bids" and approve the plans and specifications for the Bass Pro Shops 12 KV Electrical Distribution and Onsite System, Cabling, Connections and Equipment Project, to be funded from Accl. No. 17053035650/1486705. RESOLUTION NO. 06-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASS PRO SHOPS 12 KV ELECTRICAL DISTRIBUTION AND ONSITE SYSTEM CABLING, CONNECTIONS AND EQUIPMENT PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of the Parks, Recreation Facilities and Community Services Update. D6. Approval of a policy concerning the safe and orderly use by rental organizations of the Victoria Gardens Cultural Center. D7. Approval to proceed with the biennial review of the City's Conflict of Interest Code. City Council Minutes June 21, 2006 Page 4 D8. Approval of acceptance of a donation of a 1993 Tioga Motor home for use by the City's Animal Care and Services Department. REMOVED FOR DISCUSSIN BY COUNCILMEMBER SPAGNOLO. 09. Approval of the Station 177 concept plans as created by Pitassi Architects and direction for District staff to move forward with the final design to locate Station 177 at Heritage Park. D10. Approval of resolutions relating to the November 7,2006 General Municipal Election. RESOLUTION NO. 06-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF NOVEMBER 2006, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE RESOLUTION NO. 06-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 7, 2006 D11 . Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 7530 Camino Norte, located on the west side of Camino Norte, south of Calle Del Prado, submitted by Christopher Zak, Zulma Marquez and Michael Piccolo (APN: 0207-041-05) RESOLUTION NO. 06-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 7530 CAMINO NORTE (APN: 0207-041-05) D12. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10955 Hillside, located on the south side of Hillside Road east of Haven, submitted by Jorge Romo. RESOLUTION NO. 06-190 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 10955 HILLSIDE (APN: 1074-441-13) City Council Minutes June 21, 2006 Page 5 D13. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 5400 Sunstone Avenue, located on the west side of Sunstone Avenue, north of Via EI Dorado, submitted by Frederick C. Pocius and Mary. F Pocius (APN: 1061-251- 22) RESOLUTION NO. 06-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 5400 SUNSTONE AVENUE (APN: 1061-251-22) D14. Approval of Map for Tract 17938, located at the southeast corner of Fairway View Place and Milliken Avenue, submitted by Milliken, LLC. RESOLUTION NO. 06-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 17938 D15. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for Tract 16776 located on the north side of Base Line Road approximately 1,200 feet east of Etiwanda Avenue, submitted by Cucamonga Estates 52, LLC, Van Daele Communities, LLC, its Managing Member. RESOLUTION NO. 06-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16776, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 06-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16776 D16. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No.7 and Street Lighting Maintenance District Nos. 1 and 7 for 5426 Wardman Bullock Road, iocated north of Wilson Avenue, submitted by Coyote Moon, L.P. RESOLUTION NO. 06-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 5426 WARDMAN BULLOCK ROAD City Council Minutes June 21, 2006 Page 6 RESOLUTION NO. 06-196 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 5426 WARDMAN BULLOCK ROAD 017. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No.7 and Street Lighting Maintenance District Nos. 1 and 7 for 5474 Wardman Bullock Road, located north of Wilson Avenue, submitted by Gandir Group, L.P. RESOLUTION NO. 06-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 5474 WARDMAN BULLOCK ROAD RESOLUTION NO. 06-198 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 5474 WARDMAN BULLOCK ROAD 018. Approval to accept bids received and award and authorize the execution of the contract in the amount of $144,850 to the apparent low bidder, J.D.C. Inc. (CO 06-077). and authorize the expenditure of a 10% contingency in the amount of $14,485 for the Highland Avenue Tree Screen from East of Milliken Avenue to Rochester Avenue project, to be funded from Beautification Funds, Accl. No. 11103165650/1483110-0, and appropriate an additional amount of $7,500 to Accl. No. 11103165650/1483110-0 from Beautification Fund balance. 019. Approval to accept bids received and award and authorize the execution of the contract in the amount of $103,301 to the apparent low bidder, Laird Construction Co., Inc. (CO 06-078). and authorize the expenditure of a 10% contingencJ; in the amount of $10,330.10 for the Beryl Street Pavement Rehabilitation from Cielito Street to 19 Street project, to be funded from Measure "I" funds, Accl. No. 11763035650/1295176-0, and appropriate an additional amount of $45,000 to Accl. No. 11763035650/1295176-0 from Measure "I" Fund balance. 020. Approval of a Master Plan Transportation Facility Reimbursement Agreement (SRA-047) for construction of a traffic signal at the intersection of Day Creek Boulevard and Madrigal Drive with development of Parcel Map 16237, submitted by Marketplace Properties (CO 06-079), to be funded from Accl. No. 11243035650/1026124-0. RESOLUTION NO. 06-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT (SRA-047) FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF DAY CREEK BOULEVARD AND MADRIGAL DRIVE City Council Minutes June 21, 2006 Page 7 D21. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $276,947 to the apparent low bidder, R.J. Noble Company (CO 06-080), and authorize the expenditure of a 10% contingency in the amount of $27,694.70 for the Base Line Road Pavement Rehabilitation from Carnelian Street to Lion Street project, to be funded from Measure "I" funds, Accl. No. 11763035650/1468176-0, and appropriate an additional amount of $42,000 to Accl. No. 11763035650/1468176-0 from Measure "I" Fund balance. D22. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $1,087,302 to the apparent low bidder, Steiny and Company, Inc. (CO 06-081), and authorize the expenditure of a 10% contingency in the amount of $108,730.20, for the Construction or Modification of Traffic Signals and Safety Lighting at Five Locations, to be funded from Transportation Funds, Accl. Nos. 11243035650/1474124-0, 11243035650/1509124-0, 11243035650/1475124-0, and 11243035650/1473124-0, and Measure "I" Funds, Accl. No. 11763035650/1508176-0, and appropriate an additional amount of $47,000 to Accl. No. 11243035650/1474124-0, $55,000 to Accl. No. 11243035650/1509124-0, $50,500 to Accl. No. 11243035650/1475124-0 and $161,500 to Accl. No. 11243035650/1473124-0 from Transportation Fund Balance, and $86,000 to Accl. No. 11763035650/1508176-0 from Measure "I" Fund balance. D23. Approval of Improvement Agreement Extension fro CUP95-25, located at the southwest corner of Foothill Boulevard and Vineyard Avenue, submitted by Sahga Group, L.P. RESOLUTION NO. 06-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR CUP95-25 D24. Approval of Improvement Agreement Extension for DRCDROO-79, located at the southwest corner of Foothill Boulevard and Haven Avenue, submitted by Burnett Development Corporation. RESOLUTION NO. 06-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRCDROO-79 D25. Approval of Improvement Agreement Extension for DRC2003-00732, located on the north and south sides of Jack Benny Drive, east of Rochester Avenue, submitted by Bates-Evergreen Partners, LLC & Stadium Plaza South, LLC. RESOLUTION NO. 06-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DRC2003-00732 D26. Approval of Improvement Agreement Extension for Tract 16262, located between Archibald Avenue and Klusman Avenue, approximately 427 feet north of the centerline of Hillside Road, submitted by Toll CA IV, L.P. City Council Minutes June 21, 2006 Page 8 RESOLUTION NO. 06-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16262 D27. Approval to accept improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16461 and Parcel Map 15692, located on laomosa Street, west of Hellman Avenue, submitted by Patricia Prutting, Delbert & Judy Feltis and James & Bernice Dunn. RESOLUTION NO. 06-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16461 AND PARCEL MAP 15692 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D28. Approval to release Maintenance Guarantee Bond No. 014012237/08697180A in the amount of $1,048,824.14 for the Phase 1 B of Community Facilities District 2001-01, Contract No. 03-073. MOTION: Moved by Gutierrez, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 08. Motion carried unanimously 5-0. Discussion of item 08. Approval of acceptance of a donation of a 1993 Tioga Motor home for use by the City's Animal Care and Services Department. A staff report was presented by Pamela Easter, Deputy City Manager. Councilmember Spagnolo stated the donors of this Motor home are great people and that they wanted to do something for the City. He appreciated their generosity. MOTION: Moved by Alexander, seconded by Michael to approve item D8. Motion carried unanimously 5-0. II E. CONSENT ORDINANCES II E1. DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 - PITASSI ARCHITECTS. INC. - A request to change the Development District Map from Flood Control to Mixed Use on property on a total net site area of 14.31 acres, located on the south side of Church Street between Center Avenue and Haven Avenue - APN: 1077-401-35 and 36. Related Files: Environmental Assessment and General Plan Amendment DRC2004-01197, Tentative Tract Map SUBTT17435, Tentative Parcel Map SUBTPM17460 and Design Review DRC2004-00071. Debra J. Adams, City Clerk, read the title of Ordinance No. 763. City Council Minutes June 21, 2006 Page 9 ORDINANCE NO. 763 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-00001 TO AMEND THE DEVELOPMENT DISTRICT MAP FROM FLOOD CONTROL TO MIXED USE FOR 14.77 ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN HAVEN AVENUE AND CENTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-401-35 AND 36 MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance No. 763. Motion carried unanimously 5-0. '" '* '" * '" * F. ADVERTISED PuBLIC HEARINGS F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2004-00339 - CHARLES JOSEPH ASSOCIATES - An application to amend the General Plan to allow the development of land that contains a 30-percent slope within a mixed use area within Subarea 1 of the Foothill Districts, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Southern Pacific Rail Road Right of Way - APN: 0207-101-13,01 and 34. Related Files: Development Code Amendment DRC2004-00352, Tentative Tract SUBTT16605, Development Review DRC2003-00637, Variance DRC2005-01061, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. (CONTINUED FROM JUNE 7, 2006) CONSIDERATION OF ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2004-00352 - CHARLES JOSEPH ASSOCIATES - An application to amend the Development Code to allow the development of the land that contains a 30-percent slope within a mixed-use area within Subarea 1 of the Foothill District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Southern Pacific Rail Road Right-of-Way - APN: 0207-101-13,01 and 34. Related Files: General Plan Amendment DRC2004-00339, Tentative Tract SUBTT16605, Development Review DRC2003- 00637, Variance DRC2005-01 061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. (CONTINUED FROM JUNE 7, 2006) Jack Lam, City Manager, gave a brief introduction. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Chuck Buquet, Charles Joseph Associates, stated at a previous meeting they didn't give a project specific presentation, and that all they presented was information for the General Plan and Development Code Amendments. He told about the work the developer has done over the last three years to get this to where it is today. He stated this was very carefully reviewed and evaluated as it went through the Planning process. He told about the conflict with the 30% slope and that is why the proposed General Plan Amendment. He stated he is not here to address the project specifically that all they are here to do is discuss the General Plan Amendment. He stated Cameo is committed to working with the surrounding neighbors. He showed a colored drawing of the project site on the overhead camera. He explained the project from this map, showed its relationship to the Sycamore Inn, and talked about the three exits for the project. He asked Alan Claremo, Engineer, to further explain the project. Mr. Claremo, Engineer for the project, provided information about the slopes and the engineering. City Council Minutes June 21, 2006 Page 10 Sandy Macy, Red Hill Country Club Drive, stated this project has her in total shock and has never been notified of this. She felt the residents needed more time and information. She urged the Council to vote no on this project. She stated she would like to see a prominent sign at the gateway to the City with some trees, water fall, statue of Jack Benny, the Freedom's Flame Memorial and left natural. She asked the City to use eminent domain and take this back and do something beautiful with this. She hopes the Council will consider a no vote for this. She stated we have lost the original Cucamonga. She told about all the buildings that have gone in. She stated a lot of our original beauty is gone. John Lyons, Etiwanda area of City, stated the real issue here is the 30% slope and that most of this area is over that. He did not feel we should build condos or any residential on a 30% slope. He did not feel this followed the rule of the law because it requires a General Plan Amendment. He felt the residents should have the right to go back and appeal this to the Planning Commission. He asked the Council to vote no on the General Plan Amendment. AI Binceman stated he lives about four or five blocks from this location. He stated he has not received very much information about this issue. He had a statement to give based on the information he knew, which he didn't feel was correct because he has not been kept informed. He felt if this project if approved it will ruin the lifestyle they desire at Red Hill. He stated they oppose the project. He hoped there would be another use for this property. Brett Proctor asked for Councilmember Michael to have some consideration for his neighbors. He stated this has not been in plain site for three years, that this is the first he has heard of this. He asked why every bit of land has to be considered for a parking lot, business or home. He stated they are asking for time by a no vote on this project. Patricia Marr stated she has not been apprised of all the information for this project. She hoped we would not lose a school kid because of the increased traffic created by this project. She stated she is concerned about fire safety. She asked the Council to consider her comments. A man who did not identify himself, referred to the discussion about Fire Station No. 177, and reported on the importance of response times and how five seconds saved his life. He felt the residents deserved better than condos at this location. He stated it is so important to all of the people that live on Red Hill. He stated the 210 condos do not fit in this area. He asked that this not go further and pointed out he has not heard about any of this until now. Pat Banburger, lives in Red Hill, talked about the traffic this would create and referred to the safety of the school kids. She stated she never got any notification about this. Richard Davidson read a letter he prepared and talked about his thoughts of Foothill being the gateway to the City. He continued talking abut the proposed project site. He mentioned the traffic this would create. He continued to show pictures of the proposed site (not on file in the Clerk's office). He did not feel you should jam 210 condos in this area without taking away from the beauty of this area. A lady who did not identify herself, stated every day she picks up a bag of trash when she goes on her walk. She asked the Council not to approve 210 residents to drop their trash leaving it for her to pick up. A lady did not identify herself, felt we need single story houses not condos in the City. She felt a welcome sign to Rancho Cucamonga would be much better. She asked the Council to really think about their decision. She felt it would be very difficult for emergency vehicles to maneuver in this area. City Council Minutes June 21, 2006 Page 11 Annette Davidson displayed information explaining what the Pianning Commission's goals are. She also showed a topographical map and photos of the area she obtained from the Internet. She also referred to the Hillside Ordinance and asked that the code be enforced. Fred Herbert displayed an aerial photo of the area. He wondered who would have the liability if the land is disturbed and his house slides down the hill. Leslie Grimes asked the same question that Mr. Herbert asked with regards to liability when homes start sliding down the hillside. She stated this is a concern to her. Les Davies referred to the Hillside Ordinance and stated he has studied it. He felt this Ordinance is very difficult to work with. He felt there were problems with it because you can build on 30% slopes. He felt the Ordinance was unfair. He felt this project should be abandoned and give Red Hill security gates. Mike Fournier has property across the street from the proposed project. He felt improvements need to be made around this area. He felt Red Hill Country Club should be made a private community if that is what the people want to make it safer. Hank Stoy stated the one thing that concerns him is if this project isn't approved what will go on that site. He felt the Council was the last line of defense. He asked them to vote no on these amendments that are proposed. Alan Engllss stated his opinions are documented in the public record. He had previously asked the Council to consider this very carefully. He commended them for doing that. Chuck Buquet stated the density Is 20 units per acre for this site. He stated the project that was approved by the Planning Commission is 10 units per acre. He stated the approval of the project by the Pianning Commission holds the developer responsible, they indemnify and hold harmless the City. He stated he also lives in Red Hill and wouldn't be here unless he was in favor of this and feit it would be an improvement to this site. There being no further input, the public hearing was closed. A recess was taken at 10:16 p.m. The meeting was called back to order at 10:24 p.m. by Mayor Alexander with all Councilmembers present. Councilmember Gutierrez showed a photo of the proposed project stating it looks like something from Hawaii. He pointed out that the renderings don't always paint a true picture. He stated there are times when General Plan Amendments need to be made and felt we need to be very selective when we do this. He stated he does not want to alter the General Plan. He stated we do this every time one is proposed and didn't feel we should do this. He felt we should start weaning ourselves and hold the line. He stated he appreciates that Sycamore Inn approves of this project, but felt they did that for their own gain. He stated there is natural habitat in this area. He felt community meetings should be recorded and preserved. He felt the area for notification should be expanded. He felt we need to be aware of what the end product will be. He felt the 30% slope should be adhered to. He felt strongly that in this unique case that the General Plan Amendment should not be amended. Councilmember Spagnolo stated he agreed this City does have a lot of history. He did not feel anyone would put something in a report and not be accountable for it. He felt this project would enhance this area. He felt the sidewalks would be an important improvement. He also felt these improvements would enhance the Sycamore Inn. He stated the artist renderings are what they are. He stated he has looked at the plans approved by the Planning Commission and scrutinized by the Planning Department. Councilmember Williams stated she agreed with John Lyons and wondered why this has taken three years to approve. She stated there has been a lot of money spent for this project. She did not agree that we should approve something just because the developer has spent a lot of money to get it through the City Council Minutes June 21, 2006 Page 12 Planning Commission. She also felt more people should be notified than what is required. She felt we could do much better for the entrance to our City. She felt this was going to look like massive buildings on this site. She stated she is not in favor of doing a General Plan Amendment at this time. She felt a project should be done according to the Hillside Ordinance that is in place. Councilmember Michael stated over the years the Council has made some changes to the General Plan. He referred to a previous General Plan Amendment that was approved 5-0 for the location of Haven and Church. He stated he did walk the project today. He stated he is not pro development. He stated this is a gateway into the City, and added we are going to be doing signage for the gateway. He stated he is a resident of Red Hill and added there are traffic problems in this area. He stated he has talked to staff about this. He felt if there were stop signs at every intersection in Red Hill that this would stop people from driving through there. He stated he did not think there was anything that could be better for this area. He stated Rancho Cucamonga is a City with a plan and felt possibly we need to take a look at what can be built on and what should be left as open space. He stated he can support this amendment and felt it was an appropriate use for the property. Mayor Alexander stated he didn't think he could add much more to Councilmember Michael's comments. He felt the Planning Commission has done a good job. He said the issue of notification comes up a lot. He felt Councilmembers Spagnolo and Michael are very accurate. He stated, the traffic in Red Hill is terrible. He stated it is constantly being used as a shortcut. He felt the project is appropriate. RESOLUTION NO. 06-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00339 TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS A 30-PERCENT SLOPE UNDER SPECIFIED CONDITIONS, INCLDUING LAND, WITHIN A MIXED USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAIL ROAD RIGHT-OF-WAY; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-101-13,01 AND 34 MOTION: Moved by Alexander, seconded by Michael to approve Resolution 06-170. Motion carried 3-2 (Gutierrez & Williams voted no). Debra J. Adams, City Clerk, read the title of Ordinance No. 762. ORDINANCE NO. 762 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2004-00352, A REQUEST TO AMEND THE DEVELOPMENT CODE TO ALLOW THE DEVELOPMENT OF THE LAND THAT CONTAINS A 30-PERCENT SLOPE UNDER SPECIFIED CIRCUMSTANCES, INCLUDING LAND WITHIN A MIXED-USE AREA WITHIN SUBAREA 1 OF THE FOOTHILL DISTRICTS, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AND MAKING FINDINGS IN SUPPPORT THEREOF MOTION: Moved by Spagnolo, seconded by Michael to waive full reading and set second reading of Ordinance No. 762 for the July 5, 2006 meeting. Motion carried 4-1 (Williams voted no). * * * * * * City Council Minutes June 21, 2006 Page 13 II G. PuBLIC HEARINGS II No items submitted. * * .,..,. .,. .. H. CITY MANAGER'S STAFF REpORTS No items submitted. * .,. .,..,. .,. * II I. COUNCIL BUSINESS ~ 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council member.) Councilmember Michael mentioned the volunteer recognition event held last Saturday and expressed his appreciation for all those volunteers in the City. He stated it was an outstanding event. Councilmember Williams mentioned they are always in need of volunteers at the Library Book Store at the Archibald Library. She stated the new books are being placed at the new library at the new Cultural Center. She referred to the ad in the Inland Valley Daily Bulletin for the home raffle donated by KB Homes, and added that all the proceeds will go to the Cultural Center. Councilmember Gutierrez also commended the volunteers for their time to the City. He felt we do need to find a way to make sure that trucks that travel down our hilly streets are equipped properly. He felt we should pursue this. He stated he would like to pursue an Ordinance so that community developer meetings are recorded. Councilmember Spagnolo mentioned Grisha Fournier and mentioned his phone number (Tammy Gambill, Coach, at 951-637-3070) and website (grishafournier.com) to contact him or to donate to his cause. He challenged people in the community to contribute to him and help him out. He mentioned the car show to be hosted by the Rancho Cucamonga Fire Fighters at Red Hill Park. He stated Harley's are invited too. He mentioned the death of Angel Calzada and the services to be held at the Epicenter. He stated Angel was a Reserve Deputy as well as a Maintenance Worker. He said he always gave his all. He told what a good person he was. He stated the Public Works Department will be having a car wash at Central Park this Saturday on the south side from 9:00 a.m. - 2:00 p.m., which will help out Angel's family. Mayor Alexander agreed with Councilmember Spagnolo's comments about Angel Calzada. He hoped when there are projects on the horizon that are controversial that they don't get to the point that they were in at tonight's meeting. He hoped we will work closely with the Planning Commission so that if we have concerns, they are being told to them in the beginning stages of a project. He asked for a report to come back at a future meeting on the notification process for public hearings. He stated even though it may not be our fault, we should be proactive and do something about this. 12. UPDATE ON NEWSRACK ORDINANCE ENFORCEMENT Jack Lam, City Manager, stated staff is requesting the Council direct this matter to the Public Works Subcommittee for further study. MOTION: Moved by Williams, seconded by Michael to refer this to the Public Works Subcommittee. Motion carried unanimously 5-0. City Council Minutes June 21, 2006 Page 14 1< .,. .,. 1< * 1< J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. See Mayor Alexander's comments trom above about the public hearing notification process. .,. ." 1<" 1< 1< II K. ADJOURNMENT ~I MOTiON: Moved by Gutierrez, seconded by Michael to adjourn in memory of Angel Calzada and to continue with executive session. Motion carried unanimously 5-0. The meeting adjourned at 11 :08 p.m. Respectfully submitted, "'--- Approved: August 2, 2006