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HomeMy WebLinkAbout2008/02/20 - MinutesFebruary 20, 2008 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER I The Rancho Cucamonga Fire Protection District and City Council held a closed session on Wednesday, February 20, 2008, 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 PresidenUMayor Donald J. Kurth, M.D. Present were Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams, and PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; and John Gillison, Deputy City Manager/Administrative Services. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) PresidenUMayor Kurth announced the closed session items: B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF ARROW ROUTE AND I-15 FREEWAY; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY- City 62. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -STEVE KILMER V CITY OF RANCHO CUCAMONGA & STEVE TAYLOR; CASE NUMBER RCV 074142 -City/Fire C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 2 F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council was held on Wednesday, February 20, 2008, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth, M.D. called the meeting to order at 7:06 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael, and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; James Markman, Legal Counsel/City Attorney; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley, Management Analyst II; Linda D. Daniels, Redevelopment Director; Tranda Drumwright, Housing Programs Manager; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Lorraine Phong, Sr. Information Services Analyst; Charles Scott, Sr. Information Services Specialist; Mahdi Aluzri, Deputy City Manager/Community DevelopmenUlnterim City Engineer; Jon Gillespie, Traffic Engineer; Dave Blevins, Public Works Maintenance Manager; Jeff Barnes, Parks/Landscape Maintenance Superintendent; Ty Quaintance, Facilities Superintendent; Ernie Ruiz, Streets Superintendent; Julie Ungashick, Management Analyst II; Sandy Mellem, Secretary; James Troyer, Planning Director; Rina Leung, Senior Planner; Trang Huynh, Building and Safety Official; Kurt Keating, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Dave Moore, Community Services Superintendent; Nettie Nielsen, Community Services Superintendent; Francie Palmer, Marketing Manager; Susan Sluka-Kelly, Community Services Supervisor; Paula Pachon, Management Analyst III; Patrick Hediger, Community Services Coordinator; Deborah Clark, Library Director; Robert Karatsu, Assistant Library Director; Captain Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kathryn L. Scott, Assistant City Clerk; and Debra J. Adams, Assistant Secretary/Secretary/City Clerk. H'. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation to Nacho Gracia, Executive Director, Northtown Housing Development Corporation, in recognition of his retirement. The Mayor and City Council presented the Proclamation to Nacho Gracia. Mr. Gracia thanked the City Council and staff for their support through the years. He also recognized his family and members of his organization that were present. The Councilmembers expressed their thanks to Mr. Gracia for all he has done for the community. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 3 H2. Presentation of a Proclamation to Los Osos High School in recognition of receiving the "America's Best High School Silver Award." The Mayor and City Council presented the Proclamation to Principal Chris Hollister and Student Leaders Amanda Buchanan, Corey Burns, Tiana Okoye and Matt Sanders. Principal Hollister stated the award was given to them based on test scores that had been submitted. H3. Presentation of a musical number and announcement of the opening of the upcoming Rancho Cucamonga Community Theatre production of "The Secret Garden," to be held at the Lewis Family Playhouse, February 29 -March 9, 2008. Susan Sluka-Kelly, Community Services Supervisor, and Patrick Hediger, Community Services Coordinator, introduced the production of "The Secret Garden" and introduced a number from the production. H4. Councilmember Williams stated there is an event to be held Friday, February 22nd at the Paul Biane Library celebrating Black History Month. She encouraged the public to attend. Deborah Clark, Library Director, stated they are excited about their 2nd Annual Black History Month celebration. She explained the program for the evening. She stated this is a free event and encouraged the public to attend. She stated it is from 7:00 p.m. - 9 p.m. I. PUBLIC COMMUNICATIONS;, 11. Jim Frost mentioned the Run for the Wall event to take place over the Memorial Day weekend with hundreds of motorcycles riding from Victoria Gardens to Washington D.C. He presented a video pertaining to this, which is on file in the City Clerk's office. 12. Jim Moffatt stated he was impressed with the "Secret Garden" presentation. He asked why the Council was banning smoking at City facilities and around City Hall to protect the children, but why smoking was allowed at Quakes Stadium. He mentioned Mayor Kurth's fundraiser and felt he had quite a following. He didn't understand the smoking allowed at the stadium where there are kids allowed. 13. Pat Sloman, Relay for Life and CPS3, stated on April 12th there will be a 24 hour event to help find a cure for cancer. She stated it will run from 10:30 a.m. - 2:30 p.m., and invited the Council to attend. She stated the event will be held at Los Osos High School. 14. Cindy Runge wanted to speak about the Relay for Life itself. She stated this is a 24 hour relay to raise funds to prevent cancer and support cancer research. She stated it is April 12 and will run for 24 hours. She continued talking about the event. She stated she could be contacted at 987-8854 if there are any questions. She stated they have a Fire Department team and are looking for a City team and a Police Department team. I5. Raymond Herrera stated he is the national rally spokesman for the Minuteman Project. He reminisced about jobs he had as a kid. He displayed a flyer (on file in the City Clerk's office) stating people could contact hirepatriots.com to get one day to full time jobs. He hoped the City will help to get high school students hired in part time jobs. He had a packet of information (also on file in the City Clerk's office), which he wanted distributed to the Mayor and Council for them to read. 18. John Lyons mentioned the Filippi Winery event promoting Safron Catering at this facility. He mentioned the rails to trails and its success. He mentioned Nacho Gracia and how he has worked with him and thanked him for his years of service. He stated he was a great guy. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 4 17. Fred Guibara commented on the littering of driveways with advertising materials including materials from bark of landscapers, washers from plumbers, and notepads from realtors. He didn't think we wanted this in our City. He didn't think these types of materials should be left on driveways, and felt people should be mailing their materials to advertise. He felt it was poor for our City to allow this. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS James Markman, City Attorney, stated littering is a penal code violation when you discard something that is considered garbage. He stated these various forms of advertising are not considered littering. He stated he is currently looking at an Ordinance that Beverly Hills has, which staff is not sure they want to adopt, where residents can say they don't want any form of advertising left in their driveways. He continued to state the Quakes have in their lease that they can have designated smoking areas within the stadium and that is why this is allowed. Councilmember Gutierrez stated the advertising materials left in driveways is an issue the Council has been talking about and that we are considering adopting an Ordinance like Beverly Hills has as mentioned by the City Attorney. James Markman, City Attorney, stated staff does not think this will have a very big impact by adopting this type of Ordinance. Councilmember Gutierrez stated what he hears people complaining about is when people are out of town and the material is left on their driveways with no one to clean it up. He stated he appreciated the information from the Minuteman Project. Councilmember Williams stated the Rails to Trails is a great asset to the City and that she uses it frequently. She stated etiquette on the trail is necessary and that people should walk, ride etc. on the right hand side of the trail in the direction they are headed. She felt people should be cleaning up after their dogs to keep it clean. She stated dogs are required to be on a leash. She felt people should be courteous while on the trails. Mayor Pro Tem Michael stated he had a challenge for Rancho Cucamonga High School to put a team together for the Relay for Life event, and added he will do the same from the high school he attended - Alta Loma High School. He wondered if there was any connection between people leaving materials on driveways and at front doors who might be watching a home to see if people are away so they can break in. He felt this could be discussed in the future and more input could be provided by the Police Department. Mayor Kurth mentioned the Run for the Wall event and stated his hat is off to Jim Frost for his efforts. He stated he would like to ride along for a little ways if he can. He stated people have fought for us so that we have freedom and that we should all be grateful. He stated he spoke to Filippi Calderon, President from Mexico, who said every country has the right to protect their borders. Calderon hoped that some day Mexico will have the same opportunities that Americans do. He stated he appreciated Mayor Pro Tem Michael's challenge to Rancho Cucamonga High School. He suggested all the high schools do this. Councilmember Gutierrez thanked Rancho Cucamonga High School for being at the meeting tonight and also Mr. Eisenbrae for enlightening the students about government. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 5 K. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: February 6, 2008 (Regular Meeting -Michael absent) K2. Approval of Check Register dated January 30 through February 12, 2008, for the total amount of $89,164.36. K3. Approve to receive and file current Investment Schedule as of January 31, 2008. K4. Approval of a Resolution to authorize the advertising of the "Notice Inviting Bids" for the Archibald Library Remodel Project, to be funded by an appropriation from Fund 640 Fund balance to Acct. No. 2801640/5650. RESOLUTION NO. RA 08-002 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARCHIBALD LIBRARY REMODEL PROJECT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Spagnolo, seconded by Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. L. CONSENT CALENDAR -FIRE PROTECTION DISTRICT L5. Approval of Minutes: February 6, 2008 (Regular Meeting -Michael absent) L6. Approval of Check Register dated January 30 through February 12, 2008, for the total amount of $145,950.53. L7. Approval to receive and file current Investment Schedule as of January 31, 2008. L8. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-07-2 (Lions Pride Development-APN: 0201-043-53). RESOLUTION NO. FD OS-007 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-07-2 L9. Approval of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 07-11 (6'h & Hermosa JP/DF, LLC -APN: 0209-211-41) Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 6 RESOLUTION NO. FD 08-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 07-11 MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. M. CONSENT CALENDAR -CITY COUNCIL M10. Approval of Minutes: February 6, 2008 (Regular Meeting -Michael absent) M11. Approval of Check Register dated January 30 through February 12, 2008, and payroll ending February 12, 2008, for the total amount of $3,551,802.16. M12. Approval to receive and file current Investment Schedule as of January 31, 2008. M13. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Banyan Community Trail from Amethyst Street to Archibald Avenue, to be funded from Beautification Funds, Acct. No. 1110316-5650/1613110-0. RESOLUTION NO. 08-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BANYAN COMMUNITY TRAIL FROM AMETHYST STREET TO ARCHIBALD AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS M14. Approval to increase contract spending limit for Brodart, Inc. by $213,000 to provide additional book materials and processing services for the Rancho Cucamonga Public Library as budgeted in the 2007/08 approved budget, located in Library Acct. 12906065200 ($200,000 to replace dated material), and in Library Acct. 12906065300 ($13,000 for book processing and technical services). M15. Approval of Community Services Update Report. M16. Approval for the purchase of a 600 kW generator including an automatic transfer switch and sound attenuation package from Generator Services of Rancho Cucamonga, California, in the amount of $135,240.26 and authorize an expenditure of $20,000 for the relocation of the Generator Exhaust System from Acct. No. 1712001-5603 and appropriate $55,240 into Acct. No. 1712001-5603 from Fund balance. M17. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, amending Seciion 1, Exhibits "D" Through "F" of Resolutions Number 06-209 and 06-2386 to include new classifications and adjust rates of affected part-time positions to comply with the new State Minimum Wage Law. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 7 RESOLUTION NO. 06-238C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 1, EXHIBITS "D" THROUGH "F" OF RESOLUTIONS NUMBER 06-209 AND 06-2386 TO INCLUDE NEW CLASSIFICATIONS AND ADJUST RATES OF AFFECTED PART-TIME POSITIONS TO COMPLY WITH THE NEW STATE MINIMUM WAGE LAW M18. Approval of a contract change order and award to AKM Consulting Engineers (CO OS-056) for additional Master Plan services for the Etiwanda/San Sevaine Area Master Plan of Drainage, to be funded from Acct. No. 1 1 1 6 30 3-56 50/1 6621 1 6-0 (Fund 116 -Etiwanda Drainage) for the amount of $65,450, and authorize the expenditure of a 10% contingency in the amount of $6,550, and to appropriate $72,000 to Fund 116 -Etiwanda Drainage (Acct. No. 1 1 1 6303-5650/1 6621 1 6-0). M19. Approval of Improvement Agreement and Improvement Securities for DRC2005-00852, located at 6795 Etiwanda Avenue, submitted by Thomas G. Montes. RESOLUTION NO. 08-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2005-00852 M20. Approval of Improvement Agreement Extension for Tract 17455, located on the north side of 9'h Street, east of Madrone Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 08-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 17455 M21. Approval to accept Improvements and file a Notice of Completion for improvements for DRC2004-01051 located on the west side of Red Oak Street, between Civic Center Drive and Aspen Avenue, submitted by the Kiwanis CAL-NEV-HA Foundation. RESOLUTION NO. OS-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2004-01051 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M22. Approval to accept Improvements, release the Faithful Pertormance bond, accept a Maintenance bond and file a Notice of Completion for improvements for Parcel Map 16445, located on the north side of Sixth Street, about 1,000 feet east of Archibald Avenue, submitted by Chang Revocable Trust. RESOLUTION NO. 08-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 16445 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 8 M23. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance bond and file a Notice of Completion for improvements for Parcel Map 17318, located at the northeast corner of 4'" Street and Utica Avenue, submitted by Investment Development Services, Inc. RESOLUTION NO. OS-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 17318 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M24. Approval to accept improvements and file a Notice of Completion for a portion of the landscape improvements within Tract 15982-1 located on the north side of Wilson Avenue, east side of Day Creek Boulevard and both sides of Blackstone Drive, submitted by KB Home Greater Los Angeles, Inc. M25. Approval to accept Improvements and file a Notice of Completion for a portion of the landscape improvements, areas served by controllers A and B, for Tract 16227, located on the north side of Day Creek Boulevard between Indian Wells Place and Etiwanda Avenue, submitted by BCA Development. M26. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16776, located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue, submitted by Van Daele Communities, LLC. RESOLUTION NO. OS-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16776 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M27. Approval to release Maintenance Bond No. 1 9 001 71 94/1 0480946 6, which was held on February 7, 2007, in the amount of $34,462.39, for Marketplace Properties and Victoria Gardens Southern Parcel 12 KV Electrical Distribution and Onsite System Cabling, Connections and Equipment Project, Contract No. 05-048. M28. Approval to accept the Foothill Boulevard Storm Drain from San Sevaine Channel to 1900' east of Etiwanda Avenue Project, Contract No. 07-126 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approval the final contract amount of $916,918.89. RESOLUTION NO. OS-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD STORM DRAIN FROM SAN SEVAINE CHANNEL TO 1900' EAST OF ETIWANDA AVENUE PROJECT, CONTRACT NO. 07- 126 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M29. Approval to accept the La Senda and Etiwanda Channel Access Ramps and Foothill Boulevard Drainage Improvements project, Contract No. 07-208 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $189,688.66. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 9 RESOLUTION NO. OS-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LA SENDA AND ETIWANDA CHANNEL ACCESS RAMPS AND FOOTHILL BOULEVARD DRAINAGE IMPROVEMENTS PROJECT, CONTRACT NO 07-208, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. N. CONSENT ORDINANCES N1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2007- 00561 -MARTHA BOARDMAN - A request to change the zone on 0.40 acres of land from Medium Residential (8-14 dwelling units per acre) to Neighborhood Commercial, located 7388 Carnelian Street, south of Base Line Road on the west side of Carnelian Street -APN: 0207-022-07. ORDINANCE NO. 787 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2007-00561, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR 0.40 ACRE OF LAND, LOCATED AT 7388 CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0207-022-07 Debra J. Adams, City Clerk, read the title of Ordinance No. 787. MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and approve Ordinance No. 787. Motion carried unanimously 5-0. N2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2007-00810 - F/S MOTORSPORTS INC. (GEORGE REYNOSO) - A request to amend the Development Code, Section 17.30 to allow auto sales and leasing, subject to a Conditional Use Permit, in the General Industrial (GI) District, Subarea 1, a development district located west of Vineyard Avenue, generally between 8th Street and Arrow Route, and east of Grove Avenue. ORDINANCE NO. 788 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00810 - A REQUEST TO AMEND SECTION 17.30.030 AND TABLE 17.30.030 TO ALLOW AUTOMOBILE SALES AND LEASING, SUBJECT TO A CONDITIONAL USE PERMIT, IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 1; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0207-022-07; 0207-262- 19, -21, -24, -28, •35, -36, -41, -42, -43, -45 THROUGH -51, -59; 0207- 251-10; 0207-541-60; 0207-252-92 AND -93; 0207-271-14, -23, -25, -27, -28, -31, -33, -39, -40, -42, -46, -47, -49 THROUGH -52, -56, -57, -58, - 60 THROUGH -78 Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 10 Debra J. Adams, City Clerk, read the title or Ordinance No. 788. MOTION: Moved by Spagnolo, seconded by Gutierrez to waive full reading and approve Ordinance Nc. 788. Motion carried unanimously 5-0. O. ADVERTISED PUBLIC HEARINGS ` CITY COUNCIL 01. CONSIDERATION OF AN ORDINANCE REGARDING TEMPORARY SIGNS DRC2007-00495 - CITY OF RANCHO CUCAMONGA - An amendment to Sections 14.08.350, 14.16.010(P), and 16.14.020 and adding Chapter 14.25 to the Municipal Code concerning temporary signs. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. ORDINANCE NO. 789 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 14.08.350, 14.16.010(P) AND 14.16.020 AND ADDING CHAPTER 14.25 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING TEMPORARY SIGNS ORDINANCE NO. 787 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2007-00561, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM MEDIUM RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR 0.40 ACRE OF LAND, LOCATED AT 7388 CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-022-07 A staff report and power point were presented by Rina Leung, Senior Planner, which is on file in the City Clerk's office. Mayor Pro Tem Michael asked why the Planning Commission felt two signs should be allowed per parcel as opposed to one sign. James Troyer, Planning Director, stated it was because the realtors felt it was better for visibility. James Markman, City Attorney stated on page 173 "A." states up to two signs, and stated it should read no more than two signs. He stated any signage allowed would also apply to political signs, and that this would hopefully clean up all signage particularly in the right-of-way and no more than two signs of any subject matter on any parcel. He felt this was an enforceable Sign Ordinance. Councilmember Spagnolo stated he and Councilmember Gutierrez worked on this as a Subcommittee, and wanted this to be as fair as possible. He felt by allowing two signs per candidate per parcel was taking us back where we were before. Dennis stated he was concerned about signs other than political signs being allowed to be up for more than 45 days. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 11 James Markman, City Attorney stated you can change it as long as the political signs are not more restrictive. He stated you could add language so that signs pertaining to an election event could only be up 45 days, but signs for any other event could only be up a certain number of days before the event, and didn't think this would matter. Mayor Pro Tem Michael asked about businesses that put up grand opening signs and asked if this would apply. James Markman, City Attorney, stated nc that it is a separate ordinance. Councilmember Williams thought yard sale signs were only allowed to be up for one day. James Markman, City Attorney, stated that regulation was to only allow so many yard sales per year. Mayor Kurth asked about the animated signs being allowed. James Markman, City Attorney, stated they are not allowed in the public right-of-way either. Councilmember Williams felt this would be a big mess by regulating the animated signs. She didn't feel the Police Department should be trying to regulate these. Councilmember Gutierrez stated it will be Code Enforcement that will work to regulate this. He stated one of their goals was to control the amount of yard sale signs a person can put up. He felt this was a step in the right direction. Councilmember Williams asked if this applied to billboards. James Markman, City Attorney, stated it does not. Councilmember Williams asked where a realtor can put a sign to advertise for an open house and stated their business depends on this. James Markman, City Attorney, stated if you allow open house signs in the right-of-way you would have to allow political signs in the right of way. Councilmember Gutierrez stated this is not to inhibit businesses. He stated certain types of signs could not be discriminated against when they developed the guidelines for this ordinance. Councilmember Williams stated she was concerned about using City money to take down all the political signs that professional sign companies put up. Jack Lam, City Manager, stated the City has never received a complaint from a candidate that had their sign taken out of the right-of-way. Mayor Pro Tem Michael felt we are doing this because of the political signs. Councilmember Spagnolo stated this is also for all the signs that are taped on power poles and telephone polls too. He stated this has to be fair and balanced for everybody. James Markman, City Attorney, stated our current regulations are not enforceable. Councilmember Gutierrez felt this ordinance would be much easier to enforce than the no smoking ordinance. Councilmember Williams asked what happens if a sign is taken down by the City. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 12 James Markman, City Attorney, stated they should also be issued an administrative citation. A recess was taken at 9:01 p.m. The meeting was called back to order at 9:14 p.m. with all members present. Councilmember Gutierrez felt we could overcome the objections involved with this, but that we needed an ordinance to meet our objectives. He felt we needed something legitimate. Mayor Kurth opened the meeting for public hearing. Addressing the City Council were: Jim Moffatt felt the Code Enforcement officer needed more ammunition and that those that do not follow the ordinance should be fined. He felt there should be some meat to the sign ordinance. He felt people should be charged and not given their sign back if they do not follow the ordinance. John Lyons felt some people might risk paying the fine and put out more and more signs just to win the election. He felt it would be a conflict of interest for the City Council to put out signs and that they already have an advantage in the election. He didn't feel real estate agents were doing anything wrong that they are just trying to sell a house. He asked the Council not to vote for this ordinance as is. He felt real estate signs should not be covered by this ordinance. Ryan Smith, Government Affairs for the Board of Realtors, commended staff they had worked with on this. He stated he didn't really feel this would change the sign regulations from what they are. He hoped people that want to sell their homes are not hurt by this ordinance. Michael Dubay stated he is also upset about the signs all over the place. He commented on politicians that leave their signs up after the election is over. He said people ask them to do open houses and that he and most realtors pick up their signs from one day and then put them out again the next. He hoped the Council will work with them and not stop them from putting out their open house signs. Key Nador stated some times there is not a place to put a real estate sign other than the right-of-way. She asked that the agents be allowed to do this. Robert Radford, Liberty Tax Service, felt there are many types of violations in tfie City that aren't being taken care of. He said he is providing jobs to kids that dress in cdstume to advertise his business. Linda Moore, realtor, said they need the public right-of-way to put their signs for open houses and asked the Council what they can do. There being no further input, the public hearing was closed. Councilmember Gutierrez stated the current ordinance has many flaws and needed to be cleaned up. He stated residents are tired of seeing the political signs clutter the City. He said what they discovered during the development of this ordinance is that certain signs could not be singled out with different regulations. He stated their objection is not to put anyone out of business, but felt the regulations need to be in place to enforce. He stated it is not the real estate signs that make the City look bad, that it is some of the other signs the City has the problem with. Councilmember Spagnolo stated the Subcommittee has been working on this for about a year and what is before them to vote on is what they came up with. Mayor Pro Tem Michael felt people should be elected based on their qualifications, not the number of signs they put out. He stated he applauded the Subcommittee for their work. He felt one sign per parcel would be better. He stated he has some concerns about the right-of-way issue, but didn't feel we have the staff to monitor this completely. He stated he doesn't have a problem with yard sale or real estate Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 13 signs in the right-of-way, but his concern is that every kind of sign has to be treated equally. He asked if signs on telephone, utility boxes, etc., could be restricted from any form of advertisement no matter what the content. James Markman, City Attorney, stated if all content is treated the same way you could do this. Mayor Pro Tem Michael stated he wasn't sure we could completely eliminate the public right-of-way 100%, but hoped we could add some more analysis on the right-of-way options as mentioned above. He stated he also has concerns on the 45 days for political signs. Councilmember Gutierrez stated he would be willing to visit this again with the intention of not having signs whatsoever on utility boxes, poles, etc., and limiting the number of signs on a parcel of land per block. James Markman, City Attorney, stated this could be returned to the Subcommittee to work on this further. Councilmember Williams agreed with the suggestions submitted, and stated if a sign is not attached to a pole, box, etc., that as long as it is free standing, it could be allowed. She felt signs in the median should not be allowed at all. She asked if the Subcommittee would go back and work a little more on this. Mayor Kurth stated he is tired of seeing all the signs all over the City and felt other people are tired of them too. MOTION: Moved by Michael, seconded by Williams to refer the item back to the Subcommittee to continue working on this issue with the suggestions discussed. Motion carried unanimously 5-0. P. CITY MANAGER'S STAFF REPORTS P1. INTRODUCTION OF CITY PUBLIC WORKS STAFF AND OVERVIEW OF DIVISION Dave Blevins, Public Works Superintendent, introduced the staff present (Sandy Mellem, Secretary; Julie Ungashick, Management Analyst II; Ty Quaintance, Facilities Superintendent; Ernie Ruiz, Streets Superintendent; and Jeff Barnes, Parl<s/Landscape Maintenance Superintendent). He also told about their positions within the department. The Council stated they are proud of the work that everyone does. P2. PRESENTATION OF THE FIRST PHASE OF THE WORKFORCE HOUSING MARKETING STRATEGY A staff report and power point presentation were given by Tranda Drumwright, Housing Programs Manager, which is on file in the City Clerk's office. The Council felt it was a job well done and was glad we can provide this type of housing to our residents. Mayor Pro Tem Michael felt we have done a good job so far with this type of housing. Redevelopment Agency, Fire Protection District, City Council Minutes February 20, 2008 Page 14 Q, COUNCIL BUSINESS Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo thanked the Council for their input on the sign ordinance, and stated he and Councilmember Gutierrez will go back and continue working on this. Councilmember Williams mentioned the incredible accomplishment of Los Osos High Schocl and commented on the feeder schools to Los Osos High School. She stated those feeder schools are preparing the students well for high school. Mayor Pro Tem Michael stated tomorrow evening at 4:00, the Council is meeting with the Cucamonga Valley Water District at Central Park for a joint meeting. Mayor Kurth felt we have the best City in the whole world R. -.IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. S. 'ADJOURNMENT The meeting adjourned at 10:42 p.m. Res ectfully fitted, ra . Ad s Assistant Se ary/Secretary/City Clerk Approved: March 19, 2008