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HomeMy WebLinkAbout2006/08/16 - Minutes August 16,2006 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 16, 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 at7:15 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; Linda D. Daniels, Redevelopment Director and Acting Administrative Services Director; James C. Frost, City Treasurer; Shelly Munson, Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; James Troyer, Planning Director; Kevin McArdle, Community Services Director; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Debra J. Adams, City Clerk. '* '* ... '* * '* II B. ANNOUNCEMENTSIPRESENTATIONS II B1. Presentation of August 19, 2006, Victoria Gardens Cultural Center public dedication festivities. Francie Palmer, Marketing Manager, stated the Victoria Gardens Cultural Center will be opening to the public on Saturday, August 191h, with 20 minute performances occurring. She invited the public to attend and enjoy this opening. She also showed a video clip of the entertainment to come in the future. B2. Presentation of a $10,000 grant from Southern California Edison to Bell Staffing, an educational non- profit organization that serves low income adults in the SCE Eastern service area. Jerry Silva, Regional Manager, Public Affairs, Southern California Edison, invited the Bell family to come forward for the presentation. Ronda Bell accepted the $10,000 check and talked about their program. * * * * * * II C. PUBLIC COMMUNICATIONS 11 C1. Steve Renteria thanked the City for the traffic improvements recently made in his neighborhood. This included a stop sign in front of Victoria Groves School and Park, which he felt will prevent any danger to families in the future. He felt election season will be very interesting and urged everyone to pay attention to this election and felt this is a very critical election. He stated there are great people running that have proven themselves as servants to the City. C2. John Lyons stated he is running for Council and lives in the Etiwanda area. He stated when he pulled his papers he was given a package pertaining to running for election. He stated he read that if you mislead the public in your ballot statement you could be fined $1000, but that there were no provisions for removing anything from your statement. He stated he was forced to remove 61 words by Mr. Markman City Council Minutes August 16, 2006 Page 2 and did not feel he was right in doing that. He stated he consulted his lawyer about that and tried to fight this. He stated because of statutory deadlines, if he didn't change his ballot statement, he wasn't going to be able to have a ballot statement. He added that Mr. Markman is the City Attorney, the election attorney and Councilmember Williams and Councilmember Gutierrez's attorney. He stated he was forced to remove words which he continued reading into the record. He did not think you should have to hire a lawyer to put words in your ballot statement. He felt if this is the rule it should be put in the election notebooks so people are aware of this. He stated the only ones he felt would want these words removed would be Councilmembers Williams and Gutierrez, and added Mr. Markman being their attorney, certainly earned his money and did his job. He stated none of what he said in the ballot statement was untrue. James Markman, City Attorney, stated normally he would let this go, but felt he should respond to Mr. Lyon's comments. He stated last Friday the City Clerk called him and informed him that after taiking to the Registrar of Voters she had a dilemma on her hand because of three ballot statements that were invalid and illegal under legal criteria. He stated this legal criteria is the responsibility of candidates to know. He stated this criteria states a candidato is required to state their qualifications and you are precluded from attacking your opponents, no matter who they are. He stated this is Election Code Section 13307, and added there are three California cases on point and that the law is crystal clear on this. He added the last thing he and the City Clerk wanted to do was redact or strike items out of the candidate's statements. He stated instead of tho City Clerk accepting the statements and striking out what the City Clerk, with his advice, thought should be struck out, those three people were told to take another look at their statement and make whatever revisions needed to be made instead of us striking out what we felt was inappropriate. He stated he never talked to Diane Williams or Rex Gutierrez about any of this and didn't talk to the Mayor after his opponent's (Don Kurth's) statement was filed. He reported how he talked with Jim Banks, John Lyons' attorney, and told him to read Elections Code 13307 and gave him the three case citations. Mr. Banks told Mr. Markman he would read this information, and if necessary, he would help Mr. Lyons amend his statement and resubmit it. He stated later in the day we received an amended statement by Mr. Lyons which deleted the inappropriate material. He stated the campaign statement has to be about the positive features of the candidate, not the supposed negative features of the opposition. He stated the City Clerk had the last call on this with his advice, and felt both he and the City Clerk were as fair and impartial as they could be in going through a process they didn't want to be in. Councilmember Williams asked for explanation of his role as City Attorney and not a personal attorney, and that she and Councilmember Gutierrez have their own personal attorney if they need one. James Markman, City Attorney stated his function is to represent the City as an entity and the Council as a whole, because the Council is the body that makes policy for the entity. He stated he also provides legal service to the staff, and in this instance, at tho direct request of the City Clerk. C3. Nicole Myerchin stated she received a letter from Jane Penney regarding the Senior Holiday Gift Drive. She stated she was told they are in need of hand soap, brushes, personal hygiene items, deodorant shampoo and a tin of cookies. She stated she knows this is early, but wanted to alert everyone about this program now. She found it is upsetting that people have to ask for toothbrushes for a Christmas gift. She stated people can call 477-2780 x 8009 to talk to Jane Penney. She stated items can be delivered to the Senior Center at Central Park. She stated volunteers are needed to help out with the LINKS Program. She attended bark in the park at the Epicenter and told what an awesome event it was. She stated the staff is great and that there are a iot of wonderful things going on at the Animal Shelter. She also commended the volunteers that help out at the shelter stating she felt they are spectacular. She felt there should be a Shelter Oversight Committee when there are issues that need to be worked out, because there have been answers she has been given that she was not satisfied with. C4. Jeri Lee stated she has been one of the silent majority watching the meetings on TV. She stated she would like the Mayor to no longer allow anyone to bully people at the podium during this election season. She felt the personal attacks should stop. She asl<ed the Mayor to commit to this and let the podium be an attack free podium. City Council Minutes August 16,2006 Page 3 Mayor Alexander asked the City Attorney to comment about limiting and censoring remarks made at the podium. James Markman, City Attorney, stated the Mayor cannot under the law and the Brown Act preclude someone from coming to the podium and criticizing anyone they wish to. He stated people are free to criticize activities or actions or attitudes or opinions of the Council, staff and other opponents. He stated if someone disrupts the meeting the Mayor can ask that person be removed from the meeting. He stated short of that, people are entitled to come to the podium and say what they want to. Jeri hoped that people would not do personal attacks and not campaign at the podium. She felt people should campaign through their mailers and literature. C5. Tony Mize felt Rancho Cucamonga Is one of the best cities In Southern California. He reported on the Cultural Center opening, and stated it wiil be the crown jewel of the area. He stated this will be attracting over 600,000 people. He mentioned the PAL Campaign and its efforts. He told about the programs the Cultural Center will have, the Library and Celebration Hall that are also part of this project. He stated they had set a goal of $5 million and have almost reached that goal. He stated they are at approximately $4.7 million. He asked people to support this fundraislng effort. He stated they are also doing a house raffle and hoped to raise money from that for the Culturai Center. C6. Bill McCIIman felt freedom of speech should not be stopped at the Council meetings. He felt people should look at what the Council has and has not done. He stated Councilmember Williams and Councilmember Gutierrez voted down the Idea of a Public Safety Commission because Councilmember Williams wanted to have town hall meetings for public safety. He added this has never happened. He mentioned the fire response time Issue that has been talked about for a long time and the Fire Strategic Plan that has not been implemented. He stated the Council is responsible for this. He advised people to look at the issues, to look at what happened with the SAN BAG representative vote to force the Mayor off of this Board so that Councilmember Williams could take this over when we already had someone on this Board that could help our City. He stated when it comes to public safety, we don't really reach out and prevent crime in this City from happening, and that we do nothing to help with fire response time. He hoped the people will look at the voting record and vote for new people that can run the City much better. James Markman, City Attorney, stated under public comment, the Brown Act is very clear that the Council can ask for a staff response or can respond to a statement being made under Public Comments. He added that with respect to Mr. Lyons' candidate statement the law is very clear that you cannot attack your opposition or any other candidate in the candidate's statement. C7. Bill Hanlin stated he is one of the last survivors of Red Hill, and stated Red Hill has now sold out to 210 one-car garage eyesores, and added now the strawberry patch is going to be taken away for a strip mall, medical building and some condominiums. He felt our town is now a big town, but that It matters that we have something left of what we were. He felt if someone has a comment to make they should be allowed to do that and that this shouldn't be taken away from people. * * * * * * II D. CONSENT CALENDAR ~ Mayor Alexander stated he had questions with various Consent Calendar items, but is now comfortable with all the items and thanked the Community Services staff for their assistance. 01. Approval of Check Register dated July 26 through August 8, 2006, and Payroll ending August 8, 2006, for the total amount of $4,460,653.07. 02. Approve to receive and file current Investment Schedule as of July 31, 2006. City Council Minutes August 16, 2006 Page 4 D3. Approval to reject all bids received for the Beryl Street Storm Drain Improvements and Pavement Rehabilitation from Alta Loma Drive to Sunflower Street as non-responsive to the needs of the City. D4. Approval of a request to Summary Vacate Excess Street Right-of-Way at the terminus of Red Hill Country Club Drive, west of Calle Casino, V-204 - APN: 207-101-23 & 35. RESOLUTION NO. 06-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY LOCATED AT THE TERMINUS OF RED HILL COUNTRY CLUB DRIVE, WEST OF CALLE CASINO D5. Approval of a Resolution authorizing th'3 destruction of City records pursuant to California Government Code Section 34090, the City's ReGords Retention Schedule, and other applicable legal citations. RESOLUTION NO. 06-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES D6. Approval of a Resolution approving records retention schedule additions and amendments for the Information Systems (IS) Department. ITEM REMOVE,D FROM AGENDA. TO COME BACK AT A FUTURE MEETING. RESOLUTION NO. 06-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING RECORDS RETENTION SCHEDULE ADDITIONS AIIID AMENDMENTS FOR THE INFORMATION SYSTEMS (IS) DEPARTMENT OF THE CITY OF RANCHO CUCAMONGA D7. Approval of an Engineering Services Contract Change Order in the amount of $69,880 and $83,840 for MDS Consulting amending Contract Nos. 02-062, 03-033 and 03-066 for engineering services associated with Community Facilities Districts 2001-01 and 2003-01, and appropriate $3,060 (CFD 2001) to Acct. No. 16123035300 and $78,840 (CFD 2003) to Acct. No. 16143035300 from CFD 2001-01 and CFD 2003 fund balance, respectively. D8. Approval of Promoting Arts and Literacy (PAL) Sponsorship Policy and authorization to execute agreements with Diamond Level PAL Donors for thH Victoria Gardens Cultural Center Project. D9. Approval of the Parks, Recreation Facilities, and Community Services Update. D10. Approval of a Resolution declaring intention to establish Community Facilities District 2006-02 (Amador on Route 66) and to authorize the levy of a special tax therein to finance the acquisition or construction of certain public facilities. City Council Minutes August 16, 2006 Page 5 RESOLUTION NO. 06-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISIONS OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILITIES 011 . Approval of a Resolution adopting a boundary map of the territory proposed for inclusion in proposed Community Facilities District 2006-02 (Amador on Route 66). RESOLUTION NO. 06-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) 012. Approval of a Resolution ordering and directing the preparation of a report for proposed Community Facilities District 2006-02 (Amador on Route 66). RESOLUTION NO. 06-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) 013. Approval of a Resolution declaring necessity to incur a bonded indebtedness of Community Facilities District 2006-02 (Amador on Route 66) to finance the acquisition or construction of certain public facilities. RESOLUTION NO. 06-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY FOR COMMUNITY FACILITIES DISTRiCT NO. 2006-02 (AMADOR ON ROUTE 66) TO INCUR A BONDED INDEBTEDNESS THEREOF TO BE SECURED BY THE LEVY OF SPECIAL TAXES THEREIN TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES 014. Approval of a Resolution declaring intention to establish Community Facilities District 2006-01 (Vintners Grove) and to authorize the levy of a special tax therein to finance the acquisition or construction of certain public facilities. RESOLUTION NO. 06-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLlSHC COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNERS GROVE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISIONS OF CERTAIN PUBLIC SERVICES AND THE ACQUISITION OF CERTAIN PUBLIC FACILTIES City Council Minutes August 16,2006 Page 6 D15. Approval of a Resolution adopting a boundary map of the territory proposed for inclusion in proposed Community Facilities District 2006-01 (Vintners Grove). RESOLUTION NO. 06-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNERS GROVE) D16. Approval of a Resolution ordering and directing the preparation of a report for proposed Community Facilities District 2006-01 (Vintners Grove). RESOLUTION NO. 06-252 A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNERS GROVE) D17. Approval of a Resolution declaring necessity to incur a bonded indebtedness of Community Facilities District 2006-01 (Vintners Grove) to finance the acquisition or construction of certain public facilities). RESOLUTION NO. 06-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNERS GROVE) TO INCUR A BONDED INDEBTEDNESS THEREOF TO BE SECURED BY THE LEVY OF SPECIAL TAXES THEREIN TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES D18. Approval of Map and Ordering the Annexation to Landscape Maintenance District NO.7 and Street Lighting Maintenance District Nos. 1 and 7 for PM 15588, located on the south side of Wilson Avenue, east of Wardman Bullock Road, submitted by Pulte Homes Corporation. RESOLUTION NO. 06-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15588 RESOLUTION NO. 06-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAITNENANCE DISTRICT NO.7 AND STREET LIGHT MAIt\ITENANCE DISTRICT NOS. 1 AND 7 FOR PM 15588 D19. Approval of Map for Tract No. 14759 (Final Phase) located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes - APN: 226-102-17. City Council Minutes August 16, 2006 Page 7 RESOLUTION NO. 06-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14759 FINAL PHASE D20. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00116, located at 9275 Charles Smith Avenue, submitted by Eagle Family Limited Partnership. RESOLUTION NO. 06-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00116 RESOLUTION NO. 06-258 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 DRC2002-00116 D21. Approval of DRC2002-00322, Improvement Agreement and Improvement Security located at the northwest corner of Whirlaway and Tolstoy Ranch Road, submitted by Jesse Ash. RESOLUTION NO. 06-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00322 D22. Approval of Improvement Agreement and Improvement Security for DRC2004-01125, located on the southwest corner of Foothill Boulevard and Milliken Avenue, submitted by Foothill and Milliken JP/PI, LLC. RESOLUTION NO. 06-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-01125 D23. Approval of a contract renewal (CO 05-076) with All City Management Services to provide crossing guard services and appropriate an additional amount of $14,000 to Accl. No. 1001701-5300 from Fund Balance. D24. Approval to amend the agreement with the Friends of the Library to allow operation of a second bookstore in the Victoria Gardens Library. D25. Approval of a sole source award to Granicus, Inc. (CO 06-127), in the amount of $47,753 ($43.412 plus a 10% contingency in the amount of $4,341) for the purchase of the Granicus Mediamanager Basic and Minutesmaker services, training, and first year service costs, to be funded as follows from the Computer Equipment Replacement Fund: $16,971 (Accl. 1714001-5152), $26,063 (Accl. 1714001- 5300), and $378 (Accl. 1714001-5200). City Council Minutes August 16, 2006 Page 8 026. Approval to accept the bids received and authorize the execution of the contract in the amount of $64,730 to the apparent low bidder, Elite Bobcat Service, Inc. (CO 06-128), and authorize the expenditure ot a 10% contingency in the amount of $6,473 for the Red Hill Park Pedestrian Access Improvements, to be funded trom Park Development funds, Accl. No. 1120305-5650/1499120-0 and appropriate an additional amount of $73,000 to Acc!. No. 1120305-5650/1499120-0 from Park Development Fund Balance. 027. Approval of a Professional Services Agreement with LEH & Associates (CO 06-129) in the amount of $44,800, and authorize the expenditure of a 10% contingency in the amount of $4,480 to provide Fiscal Year 2006/2007 Topographical Design Survey Services for proposed capital improvement projects at various locations within the City, to be funded from various individual project accounts as approved in the FY 2006/2007 Budge!. 028. Approval to accept Improvements, retain th'3 Faithful Performance bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRCDROO-79, located at the southwest corner of Foothill Boulevard and Haven Avenue, submitted by Burnett Development Corporation. RESOLUTION NO. 06-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRCDROO-79 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 029. Approval to release the Maintenance Guarantee Cash Deposit for DRC2002-00884, located on the south side of 61h Street, east of Utica Avenue, submitted by F & F Simon Rancho Tech, LLC. 030. Approval to release the Maintenance Guarantee Bond for Parcel Map 15630, located on the south side of Foothill Boulevard east of Mayten Street, submitted by Catellus Development Corporation. 031. Approval to accept Improvements, release the Faithful Performance bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Orphan Flow Improvements (Tract 14759), located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. RESOLUTION NO. 06-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ORPHAN FLOW IMPROVEMENTS (TRACT 14759) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 032. Approval to release Maintenance Guarantee Bond for Tract 16157, located at the northwest corner of Church Street and Terra Vista Parkway, submitted by Concours Development Co., LLC & LDC Cougar, LLC. MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item 06. Motion carried unanimously 5-0. * * * * * * II E.CONSENT ORDINANCES II E1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS City Council Minutes August 16. 2006 Page 9 Debra J. Adams. City Clerk. read the title of Ordinance No. 765. ORDINANCE NO. 765 (second 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 Williams to waive full reading and approve Ordinance No. 765. Motion carried 5-0. ... *...... ... ... II F. ADVERTISED PuBLIC HEARINGS II F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2005-01000 - CHARLES JOSEPH ASSOCIATES - A request to amend Table 111-12 of the Circulation Element in order to allow median breaks less than v.. mile spacing on Major Divided Arterials subject to a detailed traffic anaiysis and subject to the review and approval of the City Engineer for the purposes of allowing a median break on Foothill Boulevard approximately 1.000 feet east of the intersection of Rochester Avenue and Foothill Boulevard in order to permit a signalized intersection that will be located less than the standard 1.320 feet intersection spacing requirement. Related Files: Conditional Use Permit DRC2005-00363. Tentative Parcel Map SUBTPM17594. Development District Amendment DRC2005-01002. Development Code Amendment DRC2005-01003. and General Plan Amendment DRC2005-01006. General Plan Amendment DRC2005-01007, Development District Amendment DRC2005-01008 and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2005-01006 - CHARLES JOSEPH ASSOCIATES - A request to change the land use designation from Office to Community Commercial on 8.21 acres of land (Subarea 4) within the Foothill Boulevard Districts, located at the northeast corner of Foothill Boulevard and Rochester Avenue - APN: 0227-152- 18 and 31. Reiated Files: Conditional Use Permit DRC2005-00365. Tentative Parcel Map SUBTPM17594. General Plan Amendment DRC2005-01000, Development District Amendment DRC2005-01002. Development Code Amendment DRC2005-01003 and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2005-01002 - CHARLES JOPSEH ASSOCIATES - A request to change the Development District Designation from Office to Community Commercial on 8.21 acres of land (Subarea 4) within the Foothill Boulevard Districts. located at the northeast corner of Foothill Boulevard and Rochester Avenue - APN: 0227-152-18 and 31. Related Files: Conditional Use Permit DRC2005- 00365. Tentative Parcel Map SUBTPM17594. General Plan Amendment DRC2005-01000, Development Code Amendment DRC2005-01003, General Plan Amendment DRC2005-01006 and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2005-01003 - CHARLES JOSEPH ASSOCIATES - A request to amend the Community Commercial District land use regulations within Subarea 4 of the Foothill Boulevard Districts to add hotels, motels and major hotel facilities as a Conditionally Permitted Use and cocktail lounges within major hotel facilities as a Conditionally Permitted Use. Related Files: Conditional Use Permit DRC2005-00365, Tentative Parcel Map SUBTPM17594, General Plan Amendment DRC2005-01000. Development District Amendment DRC2005-01002. General Plan Amendment DRC2005-01006 and Variance DRC2005-01124. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. City Council Minutes August 16,2006 Page 10 A staff report was presented by Donald Granger, Associate Planner. Mayor Alexander stated he has a problem with Itle truck and trailer parking on the site. He felt those vehicles should be parking in truck areas, and felt a condition should be added to prevent this. James Troyer, Planning Director, stated this could be added tonight, or the other option would be if this becomes a problem in the future, the CUP could bEl changed then. Mayor Alexander stated he would like to add something tonight as a condition. Councilmember Gutierrez asked about the public noticing that occurred for this. Donald Granger, Associate Planner, stated it was about 600 feet. Councilmember Gutierrez felt it was a good idea to put signage up about no truck parking along the north wall, and felt there should also be a fine for violatin9 this. Councilmember Spagnolo felt we should look at taxi cabs and limos included in with the truck parking requirements so there are not any problems for the residents. Councilmember Williams stated she is very concerned about the appearance of this location so it is not cheap looking and will be a good project for the neighborhood. Councilmember Michael agreed with previous comments and felt this requirement should be included in the CUP. Chuck Buquet, Charles Joseph Associates, stated they are proud to represent the owner of the property, and added because of the quality of this hotel you will hot see trucks parking at this location. He stated he has no problem with posting signs if the Council desires to do this. He continued talking about the project and the quality of businesses that will go in there. He stated his client has done everything that was asked of them. He stated he has also represented other hotel developers in the past. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Lyons, Etiwanda area of the City, stated he lives 2 blocks from this location and that everyone welcomes this project. He stated he does not want any trucks parking there and felt there should be signage posted. He stated he supports the project. Mark Gutglueck, resident on Chervil Street, stated he agreed with the trucking issue and felt they should not be allowed to park on the wall that parallels Chervil Street. He felt the conditions should be done now instead of waiting until the project is under way. He continued talking about the potential health hazards represented by close human exposure to electrical fields that exist around the high voltage power lines, which can cause problems with human brain function and mental acuity. He stated he was concerned about the people on the 3'd and 4th stories of the hotel being exposed to the power lines. He felt the Council should consider the proximity of the hotel to the power lines. There being no further comment, the public hearing was closed. City Council Minutes August 16, 2006 Page 11 RESOLUTION NO. 06-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2005-01000, A REQUEST TO AMEND TABLE 111-12 OF THE CIRCULATION ELEMENT IN ORDER TO ALLOW MEDIAN BREAKS LESS THAN 14 MILE SPACING ON MAJOR DIVIDED ARTERIALS, SUBJECT TO A DETAILED TRAFFIC ANALYSIS AND SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ENGINEER; AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 06-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2005-01006, A REQUEST TO AMEND THE GENERAL PLAN LAND USE MAP FROM OFFICE TO COMMUNITY COMMERCIAL WITHIN THE FOOTHILL BOULEVARD DISTRICTS (SUBAREA 4) FOR 8.21 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-152-18 AND 31 ORDINANCE NO. 766 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2005-01002, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM OFFICE TO COMMUNITY COMMERCIAL WITHIN THE FOOTHILL BOULEVARD DISTRICTS (SUBAREA 4) FOR 8.21 ACRES OF LAND LOCATED AT THE NORTHEAST CORNEROF FOOTHILL BOULEVARD AND ROCHESTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-152-18 AND 31 ORDINANCE NO. 767 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2005-01003, A REQUEST TO AMEND SECTION 17.32.030 OF THE COMMUNITY COMMERCIAL LAND USE REGULATIONS WITHIN SUBAREA 4 OF THE FOOTHILL BOULEVARD DISTRICTS TO ADD HOTELS, MOTELS AND MAJOR HOTEL FACILITIES AS A CONDITIONALLY PERMITTED USE AND COCKTAIL LOUNGES WITHIN MAJOR HOTEL FACILTIES AS A CONDITIONALLY PERMITTED USE; AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Gutierrez, seconded by Michael to approve Resolution Nos. 06-263 and 06-264 with the condition as stated above. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance Nos. 766 and 767. MOTION: Moved by Michael, seconded by Gutierrez to waive full reading and set second reading of Ordinance Nos. 766 and 767 for the September 6, 2006 meeting. Motion carried unanimously 5-0. City Council Minutes August 16, 2006 Page 12 F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND THE PERMANENT CLOSURE OF HIGHLAND AVENUE BETWEEN SAN BENITO AVENUE AND FAIRMONT WAY BETWEEN HIGHLAND AVENUE AND THE PERMANENT CLOSURE OF FAIRMONT WAY BETWEEN HIGHLAND AVENUE AND KENYON WAY AND MAKING FINDINGS IN SUPPORT THEREOF A staff report was presented by Jon Gillespie, Traffic Engineer. Mayor Alexander stated everyone knows where he stands. He stated just because he disagrees with the people that live there doesn't mean he doesn't respect them. He stated this is a street that doesn't front one house, and he does disagree with this action. Councilmember Spagnolo stated he hasn't changl~d his mind about this issue either. He stated people complain about traffic, yet they want to close a road. He stated closing off this road doesn't only affect 300 people, but all the people of the City. He felt the survey should have been sent to all residents in the City. Councilmember Gutierrez stated the survey was sent to 1400 people and that not all of them responded. Jon Gillespie, Traffic Engineer, stated 450 responded to close Highland, and 425 responded to keep it open, and that about 3600 people got the survey. Councilmember Gutierrez felt by opening this street to traffic was not the way to tame the traffic. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Lyons of the Etiwanda area, stated hl~ ran the campaign to reopen Highland and added that he lost. He stated what he found in talking to people is that they were driving down Haven to Baseline to Milliken because Highland is closed. He felt possibly we need another route for people to travel. He hoped there would bE' a place to ride his bike on Highland once it is closed. He felt alternatives should be developed for people to travel because of all of the traffic. Steve Renteria, Kenyon Way, stated they are not asking for special consideration by having Highland closed. He felt all children shouid be safe and that this action would help to accomplish this. He stated this is not an easy mater to resolve. Jeff Knoll, Alta Loma, hoped the Council would join as one team to do the right thing. He stated there was a community meeting, and that most everyone that attended was in favor of keeping Highland closed. He stated they are not just concerned about their kids' safety, but for everyone in the City. He stated he is sorry everyone will not come together as a team, and felt the work to close it permanent should be done as soon as possible. Tom Spencer, West Victoria Community, felt the Council did the right thing and thanked Councilmembers Michael, Williams and Gutierrez for their action. He did not agree with running 19'h Street through their neighborhood. Danielle Knoll thanked the Council for their time on this matter. She thanked Councilmember Michael for what he has done, and stated she has a lot of respect for him. There being no further input, the public hearing was closed. Councilmember Williams stated this was done as part of the freeway construction as part of the plan. She did not see why after six years we would change it back. Councilmember Michael stated nothing has changed his mind from the previous public hearing on this matter. He stated if there is an opportunity in the future to open it and it is needed, it can be considered at that time. City Council Minutes August 16, 2006 Page 13 RESOLUTION NO. 06-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE PERMANENT CLOSURE OF HIGHLAND AVENUE BETWEEN SAN BENITO AVENUE AND FAIRMONT WAY AND THE PERMANENT CLOSURE OF FAIRMONT WAY BETWEEN HIGHLAND AVENUE AND KENYON WAY AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Michael, seconded by Williams to approve Resolution No. 06-265. Motion carried unanimously 3-2 (Alexander and Spagnolo voted no). '* '* * * * * II G. PuBLIC HEARINGS ~I No items submitted. * * * * * * II H. CITY MANAGER'S STAFF REpORTS I] No items submitted. * * * * * * I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Gutierrez stated he is privileged to live in this City. He stated there are issues to work on, but felt they can be tackled and make this community even better. He stated he and Councilmember Williams have been attacked, and that they did not violate the Brown Act. He stated no laws were broken in this process. Councilmember Spagnolo stated this September 11th is the 51h anniversary of the "9-11" tragedy. He stated an event to remember this tragedy would be held at the Victoria Gardens Cultural Center. He reported what was planned for this remembrance, and added that tickets are free. Councilmember Michael stated there was a comment made that the staff has not implemented the Fire Strategic Plan, and added the Council has taken action and is implementing the goals of this plan. He stated another comment was made about the 41 % increase in crime, and added people need to look at more of the details of the numbers, because these statistics can be misleading. He referenced the Grapevine and the annual report contained in it. He complimented the staff for the work they have done and all the great things that were mentioned about the City. He stated on September 6 there will be 10 girls coming from Ethiopia called the Mesgana Dancers. He encouraged everyone to attend this event on September 6 at David Dreier Hall at Central Park from 7:00 - 9:00 pm. He hoped everyone would welcome this group to our City to support their fundraiser. Councilmember Williams started what makes this City so great are our volunteers. She stated there are volunteer opportunities at the Victoria Gardens Cultural Center, Library and Library Book Store, and also at the Archibald Library. She stated people can also volunteer to help out on the PAL Campaign. She stated people can call her if they have any questions. City Council Minutes August 16, 2006 Page 14 * ;, * * * * II J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. * ~, * * * * K. ADJOURNMENT MOTION: Moved by Michael, seconded by Williams to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:13 p.m. Respectfully submitted, ~51~ City Cierk Approved: September 6, 2006