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HomeMy WebLinkAbout2006/07/05 - Minutes July 5, 2006 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, July 5, 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; and George Rivera, Administrative Services Manager. 1< 1< 1< 1< 1< * II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) ~l 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 II C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No one was present to comment on the closed session item. * 1< 1< 1< 1< 1< II D. CONDUCT OF CLOSED SESSION II Closed session began at 5:35 p.m. .,. 1< 1< 1< 1< 1< II E. CITY MANAGER ANNOUNCEMENTS AND REpORTS II * 1< * 1< 1< * City Council Minutes July 5, 2006 Page 2 II F. RECESS ~I The closed session recessed at 6:55 p.m. and reconvened at 10:05 p.m. Closed session adjourned at 11 :15 p.m. with no action taken. .. * .. * .. * CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. CALL TO ORDER I] A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 5, 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 7:07 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Lorraine Phong, Sr. Information Systems Analyst; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Mike TenEyck, Administrative Resources Manager; James Troyer, Planning Director; Larry Henderson, Principal Planner; Emily Cameron, Associate Planner; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Susan Sluka, Community Services Supervisor; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Rancho Cucamonga Police Department; Shirr'l Griffin, Office Specialist II - City Clerk's Office; Kathy Scott, Assistant City Clerk; and Debra J. Adams, City Clerk. '* * * * * * II B. ANNOUNCEMENTS/PRESENTA TIONS 11 No announcements/presentations were made. * * * * * * II C. PuBLIC COMMUNICATIONS II Cl. Sandy Macy, Red Hill Country Club Drive, stated she has lived in this area all of her life. She stated she is very passionate about the Foothill Boulevard project, and had to speak about it. She stated the developer has no ties to this property. She stated this is the only standing hill in old Cucamonga. She continued talking about the history of this property. She felt it was absurd for anyone to even want to live on Foothill. She asked where people would put their recreational vehicles with only a one car garage. She talked about the traffic problems that will occur and how would the kids get to their school. She stated they want better notification about these types of issues. She stated they need more meetings with more communication with the community. She was disappointed that Cameo Homes did not contact the Red Hill people trying to address their concerns. She asked why the Council was not supporting them. She stated they need the Council to stop this amendment to the General Plan. She stated she City Council Minutes July 5, 2006 Page 3 heard that Mayor Alexander is leaving the area. She asked that this hill not be cut into so that it would not ruin the natural terrain of this property. She asked if there was an environmental impact study done and that she would like to see it and discuss this. She asked who did the traffic study and stated she needed more information about the findings from the study. She quoted an article in the Inland Valley Daily Bulletin from June 29th. She stated the Mayor commented he would like to preserve as much open space as possible. She did not feel this project was right for this site. C2. Bill Hanlon, 8651 Via Maracr on Red Hill, stated they are not here to represent themselves but for all people coming into the community. He commented on the lack of garage space available for this project. He felt people will be parking their cars in his neighborhood because parking will be a problem for these residents. He felt the developers will win with this project. He felt the kids are endangered in getting to school because of the location of this project. He stated they seek safety. He asked the Council to amplify the roads to handle the traffic. He felt the school should be made to accommodate the additional kids that will be going there. He did not feel the Council was following Roberts Rules of Order. C3. Bernice Savage Holtrust stated she has been a resident of the City for 52 years. She felt this project will create too much traffic on the already congested streets. She also commented on neighbors that have had problems with irregular flooring in this area. C4. Corbin Macy stated Chief Ortiz sent a unit up to Red Hill and commented about all of the citations that were issued. He did not feel there was a traffic survey taken in their area. He stated this would be a traffic mess, and did not feel the safety of kids was worth the development of this project. He stated it would not benefit anyone by these condos being built. C5. Pat Mooreland, referred to herself as the resident trash lady, thanked Councilmember Gutierrez for talking to all of the Red Hill neighbors. She also thanked Pete Ortiz for providing the presence of police officers. She asked the Council to reconsider this. C6. Elaine Hudson Edwards stated she grew up on Red Hill. She stated they have never opposed any development in Red Hill, but felt his project is an atrocity. She felt the school kids lives are in danger. She stated that traffic was going to get worse. She thanked Councilmember Gutierrez for all of his concern. C7. John Lyons stated he is concerned about the General Plan Amendment being attached to the end of approvais for this project. He felt this should be sent back to the Planning Commission to get reopened for more discussion. He felt the quality of the soil should be looked at for this area so there are not units slipping down the hill. He asked that this go back to the Planning Commission to allow for more input. He asked If this is what we want as our gateway into the City from Upland. He felt we need more of a unique monument for our gateway entrance. He didn't realize these units only have a one car garage. C8. Dick Stagger, corner Camino Sur and Valley Vista - 4th oldest house in Red Hill, stated he was not sure how several hundred more kids will be able to fit into Valley Vista. He stated he has a concern about water for this area and felt the cost could be prohibitive. He stated he was concerned that we do not have a hospital in Rancho Cucamonga. He felt the Council should talk to developers or whomever to see about getting a hospital here. He felt this project should be turned down. C9. Brett Proctor, Camino Sur, stated this is not a Red Hill issue. He stated if the residents don't stand up for what they think, this project will go through. He stated they do not want a private gated community, but want safe streets, quiet neighborhoods and safe schools. Cl0. Annette Davidson, Calle Carrabe Place, had a picture of the proposed development and talked about where the three-story buildings will be. She felt there was an Ordinance against three-story buildings. She had an aerial picture of Red Hill along with other photos. She stated she would be sad to see the trees removed from this property. Cll. Whitney Hanlin, stated she has lived in Rancho Cucamonga all of her life. She stated the kids of today are growing up in concrete jungles. She asked the Council to help preserve the beauty of Red Hill and help to create a place for her to grow old in. City Council Minutes July 5, 2006 Page 4 C12. Nancy Court, Red Hill Country Club Drive, stated there have been many accidents on Red HilI. She commented on all of the traffic this would create and what a big problem this would be. She did not think this project was right for this area. She thanked Councilmembers Gutierrez and Williams for their support. She felt it was sad this project is going through for the almighty dollar. C13. Jesse Carruvias stated they are on the back side of Valley Vista, and expressed his concern for the traffic this project would cause. He stated he is appalled that no one contacted them for an environmental study. He stated these units will create a lot more traffic through their area. He did not feel the safety of this project was looked at, and that there would be accidents because of the design. He hoped the Council rejects this plan and sends it back to the Planning Commission. C14. Hank Stoy asked why people are speaking about this at this point on the agenda, or should they be speaking when it comes up in the regular agenda order. James Markman, City Attorney, stated this is the time for public comment on this item, and felt the Council would discuss this when it comes up on the agenda. Mr. Stoy felt the current distance for notification of a public hearing should be increased. He felt the notices sent to the public should be made more clear as to what the Planning Commission is approving and what the Council will be approving. He felt the 10-day appeal period should be longer and that people should be more aware of the appeal process. He felt the 10-day notice for a public hearing was not enough time. He hoped this project wouldn't cause any slipping problems because of the slope. C15. Richard Davidson stated Nancy Wilson had asked the developer to provide the Council with a picture of what the development would look like from Foothill Boulevard. He stated this is too close and too high to Foothill. He felt this would be a wall of condos in this area. He did not agree this should be at the entrance of the City. He stated he is not opposed to developing, but felt the density should be cut down to approximately 30%. C16. A man who did not identify himself, felt the slopes below Red Hill are natural. He talked about density and what was acceptable. He felt there was a lot of density for this project. C17. Chuck Buquet, Charles Joseph Associates, stated they have been working with Cameo on this project for the last three years. He stated this project was approved by the Planning Commission in April. He stated because of the Hillside Ordinance, there is a need for a General Plan Amendment for this project. He stated they were not aware of this when they first started designing the project. He stated this amendment would not be required if this was another type of project such as commercial, but it is because of the number of units for this project, which has created the need for this amendment. He stated they have agreed to all of the conditions by all City departments. He stated the developer is paying fees to the school to make them better, making substantial street improvements to Foothill. He stated he is glad to see the Police up in this area, and added he lives in Red Hill. He asked the Council to take into account staff's work with them on this and approve this amendment and discrepancy in the code. C18. Sandy Coffman lives in Red Hill area on Valley Vista, talked about all of the traffic created by all of the building in the City. She felt all of these homes and apartments would create too much traffic and take too long to get anywhere. C19. Pat Banburger stated the traffic problem now rests on the Council and asked them to protect them if they approve this project. Mayor Alexander stated the Council will consider item E1 at this time. Refer to item E1 for Council discussion on this item. City Council Minutes July 5, 2006 Page 5 * * * * * * * * The City Council recessed at 9:05 p.m. The meeting was called back to order at 9:14 p.m. with all Councilmembers presen!. * * * * * * * * * * * * * * II D. CONSENT CALENDAR ~ Jack Lam, City Manager, stated page 138-6 needs to be replaced with what was distributed to Council, which is on file in the City Clerk's office. 01. Approval of Minutes: June 7, 2006 02. Approval of Check Register dated June 14 through June 27, 2006, and Payroll ending June 27, 2006, for the total amount of $5,176,780.13. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Red Hill Park Pedestrian Access Improvements, to be funded from Park Fees (Ace!. No. 1120305-5650-1499120-0). RESOLUTION NO. 06-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "RED HILL PARK PEDESTRIAN ACCESS IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 04. Approval of an annual maintenance agreement, as a sole-source contract with IBM, for hardware and software maintenance services for Fiscal Year 2006/07 in the total amount of $72,936.32, funded by Ace!. No.1 001209-5300. D5. Approval of Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 6 for DRC2004-01166, located on the southwest corner of Sixth Street and Pittsburgh Avenue, submitted by Sixth and Pittsburgh, LLC. RESOLUTION NO. 06-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2004-01166 06. Approve a maintenance agreement as a sole source, with Active Network Class Program and Facility Management Software for Fiscal Year 2006/07 in the amount of $25,163.72, to be funded from Ace!. No. 1001209-5300. 07. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2003-00184, located on the north side of Valley View Street, west of Amethyst Street, submitted by Amethyst Estates, LLC. City Council Minutes July 5, 2006 Page 6 RESOLUTION NO. 06-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2003- 00184 RESOLUTION NO. 06-212 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 DRC2003-00184 D8. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 16139, iocated on the north side of Sixth Street between Rochester Avenue and Charles Smith Avenue, submitted by Chase EI Monte, LLC. RESOLUTION NO. 06-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16139, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 06-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 16139 D9. 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 Map 16227-2, located north of Day Creek Boulevard on the west side of Etiwanda Avenue, submitted by Lennar Homes of California, Inc. RESOLUTION NO. 06-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227-2, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 06-216 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 16227-2 City Council Minutes July 5. 2006 Page 7 D10. Approval to appropriate the following donations made to the Library in Fiscal Year 2005106 into the Fiscal Year 2006/07 Library Budget as follows: $204.890 donated by the PAL (Promoting Arts and Literacy) Campaign into Accl. No. 1290607-5200 for the purchase of books and media; $8.000 awarded by the Rancho Cucamonga Public Library Foundation into Accl. No. 1290601-5300 for printing services; and $12.000 awarded by the Friends of the Library into Accl. No. 1290606-5605 for the purchase of computer equipment for the Archibald Library. D11. Approval of a security agreement with the Actors' Equity Association (CO 06-090) and approval of a client service agreement with NPI Production Services, Inc. (CO 06-091). relating to employment of actors at the Lewis Family Playhouse for the Theatre for Young Audiences Program. D12. Approval of a Resolution renewing the Professional Services Agreement with Associated Engineers. Inc. (CO 04-094). Dan Guerra & Associates (CO 04-095), Dawson Surveying. Inc. (CO 04- 096). and SB&O. Inc. (CO 04-097). for annual construction survey services for proposed capital improvement projects for FY 2006/07. and approval of amendments to such contracts to include an updated and revised fee schedule (Exhibit "C") reflecting reasonable. annual cost-of-living increases. to be funded from various individual project accounts as approved in the FY 2006/07 Budgel. RESOLUTION NO. 06-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING THE RENEWAL OF AGREEMENTS WITH ASSOCIATED ENGINEERS. INC.. DAN GUERRA & ASSOCIATES. DAWSON SURVEYING. INC., AND SB&O, INC.. FOR ANNUAL CONSTRUCTION SURVEY SERVICES FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS FOR FY 2006/2007. AND APPROVAL OF AMENDMENT TO SUCH CONTRACTS TO INCLUDE AN UPDATED AND REVISED FEE SCHEDULE (EXHIBIT "C") REFLECTING REASONABLE. ANNUAL COST-OF-L1VING EXPENSES D13. Approval of a Resolution renewing the Professional Services Agreements with Krazan & Associates. Inc. (CO 04-098). Ninyo & Moore (CO 04-099). and RMA Group (CO 04-100). for annual soils and materials testing services for proposed capital improvement projects for FY 2006/07. and approval of amendments to such contracts to include an updated and revised fee schedule (Exhibit "C") reflecting reasonable. annual cost-of-living increases, to be funded from various individual project accounts as approved in the FY 2006/07 budgel. RESOLUTION NO. 06-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING THE RENEWAL OF AGREEMENTS WITH KRAZAN & ASSOCIATES. INC.. NINYO & MOORE. AND RMA GROUP. FOR ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS FOR FY 2006/2007. AND APPROVAL OF AMENDMENTS TO SUCH CONTRACTS TO INCLUDE AN UPDATED AND REVISED FEE SCHEDULE (EXHIBIT "C") REFLECTING REASONABLE. ANNUAL COST-OF-L1VING EXPENSES D14. Approval to award a contract to Konica Minolta Business Solutions for an annual lease and maintenance services agreement in an annual amount of $254.500. to be funded as follows: $189.000 from Accl. No. 1001205-5300; $25.500 from Accl. No. 1001701-5300; $15.000 from Accl. No. 2620801- 5300; $15.000 from Accl. No. 1290601-5300; and $10.000 from Accl. No. 1290607-5300. The contract covers a three-year period starting July 6, 2006. through June 30. 2009. City Council Minutes July 5, 2006 Page 8 D15. Approval to award a contract to Konica/Minolta for the lease of five (5) coin-operated photocopiers for the pubiic at both the Archibald and Victoria Gardens Library, and appropriate from Library Fund Balance $23,150 into the following Library Accounts: $12,950 into Acct. No. 1290606-5300 to lease three (3) photocopiers for Archibald Library and $10,200 into Acct. No. 1290607-5300 to lease two (2) copiers for Victoria Gardens Library. D16. Approval to accept the Base Line Road Storm Drain Improvements and Pavement Rehabilitation from Ramona Avenue to Hermosa Avenue, Contract No. 05-031 as complete, retain the Faithfui Performance bond as amended by Rider to an amount of $110,912.07 as a Guarantee Bond, release the Labor and Materiai Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1,109,120.72. RESOLUTION NO. 06-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BASE LINE ROAD STORM DRAIN IMPROVEMENTS AND PAVEMENT REHABILITATION FROM RAMONA AVENUE TO HERMOSA AVENUE, CONTRACT NO. 05-031 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK D17. Approval to amend Section 1 (B) of Resolution No. 04-313 to include New and Reclassified Positions approved by the City Council in Fiscal Year 2006/2007 Budget. RESOLUTION NO. 04-313A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 04-313 TO INCLUDE NEW AND RECLASSIFIED POSITIONS APPROVED BY THE CITY COUNCIL IN FISCAL YEAR 2006/2007 BUDGET MOTION: Moved by Williams, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. * * * * * * II E. CONSENT ORDINANCES ~I E1. 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 DRC2005-01061, Minor Development Review DRC2004-00826, and Tree Removal Permit DRC2004-00082. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. See public comments for this item under "Public Communications." James Markman, City Attorney, stated Roberts Rules of Order are only appropriate for large assemblies, and do not apply unless the Council adopts them by Ordinance. He stated there are three parts to this project that have come before City approval bodies, the General Plan Amendment, the Development Code Amendment, the other approvals that are plan or project specific. He stated there was no appeal of this project. He stated once the appeal timeframe runs out, no one has the right to take it back to the Planning Commission. He stated the General Plan Amendment was approved with finality at the last City Council Minutes July 5, 2006 Page 9 meeting. He stated the only thing left is the 2,d reading of Ordinance No. 762. He stated if the Council wishes to conduct another hearing on this, it will have to be readvertised. Councilmember Michael stated this is highly controversial. He stated what he is hearing are concerns for traffic, school impacts and density. He asked if there was a traffic study done. Jon Gillespie, Traffic Engineer, stated a traffic study was done to professional standards. He reported how the study was done in order to come up with the information in the study. Councilmember Michael stated staff did noticing for approximately 600 feet from this project. He stated they have asked that the traffic be looked at on Red Hill. He hoped this project would help something to be done about the traffic through Red Hill. He felt this will be discussed at a future meeting to discuss the alternatives for people driving through Red Hill. He reported the schools have to provide a will serve letter to any developer. Larry Henderson, Principal Planner, stated the schools did do this and that they can accommodate the kids from this project. Councilmember Michael stated this is a tough issue for him. He stated he knows there will be a development there. He stated if an office building is built there, it will create more traffic than the tenants from these condos. He stated he has not heard any new information to make him change his mind about his vote. He felt this was done appropriately. Councilmember Gutierrez stated somehow he has managed to get in the middle of something He stated his intent was not to get the neighbors stirred up. He felt everyone's input was very important regarding this project. He stated he was not sure if the traffic study included Red Hill. He asked if there was an environmental impact report done. Larry Henderson, Principal Planner, stated there was an initial study prepared which contained several specialized studies conducted including traffic, seismic, soils, hydrology, water quality and that a mitigated declaration was appropriate. This included the proper notification to residents. Councilmember Gutierrez stated he didn't feel the Council had the input from the neighbors about this project. He didn't feel there was anything about this project that would make the City better. He felt we could do much better with something for this site. He felt the City needs to draw the line with this project. He stated he has never been contacted by the developer and wished he would have been. He asked that one more person vote no for this. Councilmember Williams stated she stands by her comments from two weeks ago. She felt there could be something much better at this location, and felt by lowering the density would help. She felt no one really wants to see how massive this project will look from Foothill. She felt this would be a better situation if there had been an Environmental Impact Report done for this project. She asked if there had been a historical search for this area and asked if an archeological dig was done for this site. She felt we were doing development by guilt. She stated she is concerned about the traffic count and did not agree with how the study was done. She felt something like this should have had an actual traffic count of cars going by. She stated she feels this is a bad thing to do, and that this is a big disappointment. Councilmember Spagnolo stated he has spoken to the developer about some of the questions that have come up. He did not feel we should criticize the methods we do studies by in order to fit our own purposes. He stated staff has done everything properly. He is concerned about the safety of the kids that go to Valley Vista. He stated the water district was very involved with this project. He stated everyone doesn't always like things that are done in this City. He felt this project will enhance Foothill Boulevard. He stated a decision like this isn't about money, He stated he has ever taken money from Cameo Homes or Chuck Buquet. Mayor Aiexander stated this discussion isn't about safety. He stated something does need to be done about traffic through Red Hill and that the City Engineer has been spoken to about this. He stated now the November election is coming up, and the wailing of neighborhoods will occur. He stated the City is required to meet the standards set by law for housing. He stated he is disappointed that some City Council Minutes July 5, 2006 Page 10 Councilmembers that have been here these last three years during the planning of this project, have not contacted the developer with their concerns. He felt staff has done a good job working on this project. Debra J. Adams, City Clerk, read the title of Ordinance No. 762. ORDINANCE NO. 762 (second 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 SUPPORT THEREOF MOTION: Moved by Spagnolo, seconded by Michael to waive full reading and approve Ordinance No. 762. Motion carried 3-0-2 (Gutierrez and Williams voted no). E2. CONSIDERATION OF PROPOSED ORDINANCE ADJUSTING COUNCIL SALARIES Councilmember Williams added that these salaries will not take affect until December 2006. Debra J. Adams, City Clerk, read the title of Ordinance No. 10D ORDINANCE NO. 10D (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MEMBERS OF THE CITY COUNCIL MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and approve Ordinance No. 10D. Motion carried unanimously 5-0. 1< 1< 1< 1< 1< 1< F. ADVERTISED PuBLIC HEARINGS II II F1. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES. FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Mike TenEyck, Administrative Resources Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Williams asked if we have to do this every time Edison raises their rates. Mike Ten Eyck, Administrative Resources Manager, stated yes. City Council Minutes July 5, 2006 Page 11 RESOLUTION NO. 06-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Spagnolo to approve Resolution 06-220. Motion carried unanimously 5-0. ****** II G. PuBLIC HEARINGS II G1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS A staff report was presented by Jon Gillespie, Traffic Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was:: John Lyons stated these are all residential streets, but felt we should go back and talk to Senator Dutton and make the speed limit 25 miles per hour. There being no further input, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 764. ORDINANCE NO. 764 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and set second reading of Ordinance No. 764 for July 19, 2006. Motion carried unanimously 5-0. * * * * * * H. CITY MANAGER'S STAFF REPORTS H1. DISCUSSION ON NOTIFICATION POLICIES REGARDING PLANNING APPLICATIONS A staff report was presented by James Troyer, Planning Director. A slide was shown which is on file in the Clerk's office. Councilmember Spagnolo asked when we have gone beyond 300 feet. James Troyer, Planning Director, stated we use this in residential infill cases and anytime we have a project in a residential setting. He stated the radius is always been expanded. He stated for the Red Hill project, the radius was expanded to 600 feet. City Council Minutes July 5, 2006 Page 12 Jack lam, City Manager, stated we have had examples in the past where there is a property where the 300 feet state law requirement doesn't touch anybody. He stated sometimes you have to use good judgment as to where you will reach the appropriate property owners. He stated you will always find people that are not happy with the limit set and feel they should be included. Councilmember Michael asked if staff can go beyond whatever amount is set. James Markman, City Attorney, stated he does not advise staff making the judgment to go beyond the required amount on the case-by-case basis. He felt staff should pick a number and stick with it for everything. He stated if staff felt it should be expanded, it should come back to the Council for a formal recommendation and action. Councilmember Williams felt we should set a distance and expand on the signage that is provided. Councilmember Gutierrez stated he likes the standard 600 feet noticing. Councilmember Williams stated she likes the 660 feet as Fontana does. James Markman, City Attorney, stated to change this would require a Development Code Amendment and go through the Planning Commission to approve an Ordinance. Councilmember Spagnolo asked if the timeline for noticing could also be extended. James Markman, City Attorney, suggested a 15 day mailed notice be established. Councilmember Williams felt this should also include that any developer that allows graffiti to stay on their signs longer than a day or two will be fined heavily. ACTION: Direction was given to staff to implement a 660 feet notification radius, with a 15-day mailed notice to those affected, with the provision that the mailed notice period may be extended by an order of the Council. This would be established through an Ordinance. This process was to include all City hearings also. The Council concurred. John Lyons stated the developers should follow these guidelines unless told differently. .,. 1< * * .,. * I. COUNCIL BUSINESS 11. CONSIDERATION OF THE CITY COUNCil COMMUNITY SERVICES SUBCOMMITTEE'S RECOMMENDATIONS REGARDING FilLING VACANCIES ON THE PARK AND RECREATION COMMISSION Councilmember Williams stated the Park & Recreation Commission had one vacancy due to Lou Munoz being appointed to the Planning Commission. She stated she and Council member Spagnolo interviewed three people, and that Francisco Oaxaca is being recommended to be appointed to the Park & Recreation Commission. She stated Martin Dickey and Antonio Karraa are being recommended for reappointment to the Commission. MOTION: Moved by Williams, seconded by Spagnolo to approve the recommendation outlined above. Motion carried unanimously 5-0. 12. COUNCil ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Williams stated today SAN BAG approved to accept the bid for landscaping for Sections 3 and 4 on the 210 Freeway, and also a 6' high garden wall between Beryl and Hermosa. City Council Minutes July 5, 2006 Page 13 Joe O'Neil, City Engineer, stated they hope to start this work by August. Councilmember Williams stated the State budget was approved on time for 2006 and contained good news for California cities. She stated Senator Dutton told her he will do everything he can to protect the cities. She hoped Senator Dutton will stay with us and heip us with the Telecommunications issue keeping the cities best interest in mind. Councilmember Michael commended the staff involved with the transition of the animal control services to the City. Councilmember Gutierrez stated he enjoyed the 4th of July activity at the stadium the other night. He stated this was a great event. He commended staff for all they do with the theater also. Councilmember Spagnolo asked how the City did with calls for service pertaining to illegal fireworks. Fire Chief Bryan stated they had about 80% of their normal activity, and that they are making progress to reduce the use of fireworks. Councilmember Spagnolo talked about Jackie Hodges who donated the motor home to the shelter, and added she recently passed away. He stated Mr. Hodges wanted to express his appreciation to Captain Ortiz and thanked the Police Department for their support 13. LEGISLATIVE UPDATE (Oral) See above comments from Councilmember Williams. * * * * * * J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. * * * * * * II K. ADJOURNMENT ~I MOTION: Moved by Michael, seconded by Williams to adjourn to the continuation of closed session. Motion carried unanimously 5-0. The meeting adjourned at 9:53 p.m. Approved: August 2, 2006