02-05-2019 FINAL Minutes - Laserfiche WebLink

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2019 FEBRUARY 5 CC/CUA/CPFA/CHA MEETING 5 - (10) Section 21 Establishing the Intersections - Adopt Resolution Amending Resolution No. 2119, Section 21 Establishing the Intersections of La Cadena Drive/E Street and La Cadena Drive/F Street as Through Streets and Stop Intersections, RESOLUTION R-05-19. (11) Cooperative Agreement with SBCTA - Cooperative Agreement with SBCTA for the I-10 Freeway/Mt. Vernon Avenue Interchange Project, RESOLUTION R-06-19. (12) Freeway Agreement - I-215/Mt. Vernon Avenue-Washington Street Interchange Project Freeway Agreement. (13) Fontana Water Litigation Settlement - Settlement Agreement to Resolve Litigation, Superior Court Case CIVDS1311085, RESOLUTION R-09-19, CONSENT CALENDAR (cont’d) (6) Second Reading of Ordinance No. O-01-19 - An Ordinance of The City Council of the City of Colton amending section 10.04.105 (section 10.9 of the Colton Uniformed Traffic Ordinance) Relating to Restrictions on Stopping. Standing or Parking of Certain Oversized Vehicles, ORDINANCE O-01-19. City Attorney Campos asked Mayor and Council to take Public Comment before legal counsel provides clarification as it relates to discussion and action; no objection. PUBLIC COMMENT The following community members addressed the Council: Ben Eilenberg Staff Presentation City Attorney Campos addressed Mayor and Council as follows: As you are aware, we are in receipt of documents relating to this agenda item from Ben Eilenberg arguing that this ordinance is subject to additional CEQA requirements. In conferring with staff and our office, we continue to believe that the CEQA determination made is still appropriate because this ordinance merely does 2 things: 1. It adds recreational vehicles to the list of vehicles that are already restricted from parking on City streets; and 2. Deletes the provision allowing all restricted vehicles to park for 4 hours. These are the only changes this ordinance makes. In any event, even if considered a project under CEQA, we believe it is exempt pursuant to Section 15301 of the CEQA Guidelines. That section provides that projects that “involve the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public facilities involving "negligible" or "no expansion of existing or former previous uses" are exempt from the requirements of CEQA. This exemption has been successfully used for parking ordinances before. In Santa Monica Chamber of Commerce v. City of Santa Monica (2002) 101 Cal.App.4th 786, 793, a California Court of Appeal upheld the use of the section 15301 exemption for the adoption of a parking ordinance that allocated free parking on existing streets to neighbors who obtained a permit. We believe that the changes to the City’s existing parking regulations can be similarly exempted. As such, as part of your motion, you may wish to also direct staff to file a Notice of Exemption using the authority of Section 15301 for this ordinance." Motion and Second by CM Suchil/CM González to waive full reading and approve second reading of Ordinance No. O-01-19; and direct staff to file a Notice of Exemption using the authority of Section 15301 for this ordinance. Vote: Motion carried with CM Woods (absent from the dais)/CM Toro absent.