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HomeMy WebLinkAbout2000/09/20 - Minutes September 20, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Refiular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 20, 2000 in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called the meeting to order at 7:05 p.m. by Mayor Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Willlares, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Charles Scott, Sr. Information Systems Specialist; Lorraine Phong, Information Systems Analyst; Brad Buller, City Planner; Sal Salazar, Associate Planner; Joe O'Neil, City Engineer; John Thomas, Plan Check ManagedFire; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst Ill; Dave Moore Recreation Superintendent; Jodi -Sorrell, Marketing Manager; Captain Rodney Hoops, Police Department; Deputy Fire Chief Bob ',Corcoran, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; %Jenny Haruyama, Management Analyst I; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation and Certificates to the Rancho Cucamonga Little League Junior Division All-Star Team in honor of their District and Section 6 Championship. Not present for presentation. B2. Presentation of Proclamations thanking Festival 2000 sponsors for their generous donations and support of the City's effort to provide family-oriented entertainment activities. Kevin McArdle, Community Services Director, made the presentation to the sponsors. Jodi Sorrell, Marketing Manager, assisted with the power point presentation to thank the sponsors for their generous donations. B3. Presentation of a Proclamation commending Stephanie Voss on her State 4-H Championship Horse Show accomplishment. Mary Voss, Stephanie's mother, made a video presentation commending her daughter for her accomplishments. Mayor Alexander presented the Proclamation to Stephanie. City Council Minutes September 20, 2000 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons of Etiwanda stated he had previously spoke at the City council meeting about the traffic near Etiwanda High School and wanted to thank the Council for their assistance to help with this situation. He also commented on the opening of all the lanes on Haven near the freeway construction. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 8/30/00 and 9/6/00 and Payroll ending 8/31/00 for the total amount of $3,808,742.50. D2. Approval to receive and file current Investment Schedule as of August 31, 2000. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2000/2001 Bus Bay Improvements at various locations, to be funded from Account No. 14-4158-9946. RESOLUTION NO. 00-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "FY 2000/2001 BUS BAY IMPROVEMENTS AT VARIOUS LOCATIONS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the advertising of the "Notice Inviting Bid" for the Metrolink Station Expansion, Phase II Project, to be funded from Account No. 151-4637-9932. RESOLUTION NO. 00-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR THE "METROLINK STATION EXPANSION, PHASE I1" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of disposition of a portion of City-Owned Property located on the east side of Rochester Avenue, north of Base Line Road, submitted by Richmond American Homes. RESOLUTION NO. 00-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA, AND AUTHORIZING AND DIRECTING THE CITY ENGINEER TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN City Council Minutes September 20, 2000 Page 3 D6. Approval to appropriate funds received from the California Department of Conservation through a Grant from the California Beverage Container Recycling and Litter Reduction Act. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. D7. Approval to appropriate $66,500 awarded by the California State Library into Library Expenditure Account. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER DUTTON. D8. Approval of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 00-180 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 D9. Approval of a request from the Rancho Cucamonga Professional Firefighters Association for the City to Co-Sponsor a Charity Softball Game on September 24, 2000 at the Epicenter Stadium and to ;waive associated fees and charges. :D10. Approval of Map, Improvement Agreement, Improvement Security, and Ordering the Annexation ;to Street Light Maintenance District No. 1 and 8 for Tract Map No. 15911, located at the northeast corner of East Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Ryland Homes. RESOLUTION NO. 00-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15911, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 00-182 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 8 FOR TRACT 15911 D11. Approval to accept Bids, appropriate $21,000 from Fund Balance 23 (Drainage) and award and authorize the execution of the Contract in the amount of $67,458.60 ($61,326.00 plus 10% contingency) to the apparent low bidder, 4-Con Engineering (CO 00-068), for the construction of the Hermosa Avenue Street and Storm Drain Improvements on the east side of Hermosa Avenue 2000 feet south of Wilson Avenue, to be funded from General Funds (Maintenance), Account No. 01-4647- 9940 and the appropriation from Fund Balance 23. D12. Approval of Professional Services Agreement with Haro Engineering & Construction, Inc. (CO 00-069), to provide FY 00-01 Topographical Design Survey for street improvements at eleven different locations (see map) throughout the City, to be funded from Account Numbers: 32-4637-9968 Arrow @ I-15 ($2,420), 01-4647-9941 Amethyst Ped ($992), 23-4637-8016 Almond Trail ($1,230), 32- th 4637-9974 Lemon ($3,372), 32-4637-9972 Hellman @ 9 ($873), 32-4637-9973 Helms ($992), 32- 4637-9978 Terra Vista Pkwy. ($2,896), 32-4637-9969 Center - 6th to 7th ($1,111), 32-4637-9970 th Center - 7 to 8th ($1,111), 32-4637-9975 Marine ($1,944), and 32-4637-9964 26th ($1,944). City Council Minutes September 20, 2000 Page 4 D13. Approval of Improvement Agreement Extension for Tract 13951, located east side of Beryl, north of Manzanita and west of Hellman Avenue, submitted by CCRC 30, LLC. RESOLUTION NO. 00-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13951 D14. Approval of Improvement Agreement Extension for Tract 14381, located on the northwest corner of Etiwanda and Wilson Avenues, submitted by Mastercra~-Cucamonga II, LLC. RESOLUTION NO. 00-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14381 D15. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvement for Tract 15797-1, submitted by Tava Development DBA Citation Homes, located on the northeast corner of Milliken Avenue and Victoria Park Lane. RESOLUTION NO. 00-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15797-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D16. Approval to accept the Terra Vista Planned Community - Mountain View Park Improvement Project from Kaufman and Broad, as complete, release the Faithful Performance Bond and accept the Maintenance Bond, and authorize the filing of a Notice of Completion. RESOLUTION NO. 00-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TERRA VISTA PLANNED COMMUNITY - MOUNTAIN VIEW PARK PROJECT, AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D17. Approval to accept Foothill Boulevard Landscape Medians Phase I from Vineyard Avenue to 600 feet west of Hermosa Avenue, including landscape only between Hellman Avenue and Archibald Avenue, Contract No. 99-078 as complete, and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $983,057.25 City Council Minutes September 20, 2000 Page 5 RESOLUTION NO. 00-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FOOTHILL BOULEVARD LANDSCAPE MEDIANS PHASE I FROM VINEYARD AVENUE TO 600 FEET WEST OF HERMOSA AVENUE, INCLUDING LANDSCAPING ONLY BETWEEN HELLMAN AVENUE AND ARCHIBALD AVENUE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D18. Approval to accept the Modification of Traffic Signals and Intersection Lighting at Carnelian Street and 19th Street (SR 30), Contract No. 00-12, as complete, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $29,500.00. RESOLUTION NO. 00-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MODIFICATION OF TRAFFIC SIGNALS AND INTERSECTION LIGHTING AT CARNELIAN STREET AND 19TM STREET (SR 30), AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE :" WORK :MOTION: Moved by Biane, seconded by Willlares to approve the staff recommendations in the staff ~reports contained within the Consent Calendar with the exception of items D6 and DT. Motion carried unanimously 5-0. DISCUSSION OF ITEM D6. APPROVAL TO APPROPRIATE FUNDS RECEIVED FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION THROUGH A GRANT FROM THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Councilmember Williams asked about the grant for litter reduction. Joe O'Neil, City Engineer, stated this relates to the recycling of bottles and cans. Councilmember Williams asked if there was something that can be done so that litter can be collected at bus bays. Joe O'Neil, City Engineer, stated he is pleased to inform her that there is a plan to install trash enclosures at all the bus shelters and that the trash haulers will pick up the trash free of charge. Councilmember Willlares asked if there is a graffiti patrol at the bus stops. Joe O'Neil, City Engineer, stated yes. MOTION: Moved by Williams, seconded by Biane to approve item D6. Motion carried unanimously 5-0. DISCUSSION OF ITEM DT. APPROVAL TO APPROPRIATE $66,500 AWARDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY EXPENDITURE ACCOUNT. Councilmember Dutton stated he wanted to draw attention 'to this because it is the grant for the book mobile and felt it was very important. City Council Minutes September 20, 2000 Page 6 MOTION: Moved by Dutton, seconded by Williams to approve item D7. Motion carried unanimously E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS F1. GENERAL PLAN AMENDMENT 00-03A - CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Flood Control/Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length. APN No. 225-161-64, 225-101- 41,225-071-61, and 225-082-03. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, and ENSPA 00-01. Staff report presented by Sal Salazar, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Ben Anderson, UCP, Inc., stated they are very pleased they are moving forward with this and supported staff's recommendation. There being no further response, the public hearing was closed. Councilmember Biane stated this is part of a large puzzle for this project and that it will be coming back in the future for more actions. He thanked LAFCO for their support of this. RESOLUTION NO. 00-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-03A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR FOUR PARCELS OF LAND TOTALING 64 ACRES IN SIZE FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 225-161-64, 225-101-41,225-071-61, AND 225-082-03 City Council Minutes September 20, 2000 Page '7 MOTOIN: Moved by Biane, seconded by Curatalo to approve Resolution No. 00-189. Motion carried unanimously 5-0. F2. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01 - CITY OF RANCHO CUCAMONGA - A request to change the Etiwanda North Specific Plan zoning designation from Utility Corridor to Low Residential (2-4 dwelling units per acre) for approximately 64 acres of land (abandoned Southern California Edison corridor) generally located north of SR 30, on the east side of the northerly prolongation of Day Creek Boulevard approximately 300 feet wide by 8,000 feet in length APN No: 225-161-64, 225-101-41,225-071-61, and 225-082-03. The County of San Bernardino Board of Supervisors previously certified an Environmental Impact Report (EIR) in 1991 and a Supplemental EIR (SEIR) on October 26, 1999. The City of Rancho Cucamonga in conjunction with this project has prepared an addendum to the SEIR. The proposed amendment is intended to create consistency between the City of Rancho Cucamonga General Plan and the County approved University Planned Development. Related files: Development Agreement 00-02, Annexation 00-01, GPA 00-03A. FOR DISCUSSION OF THIS ITEM REFER TO ITEM F1. ORDINANCE NO. 636 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT 00-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM UTILITY CORRIDOR TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), GENERALLY LOCATED NORTH OF SR 30 AND ON THE EAST SIDE OF THE NORTHERLY PROLONGATION OF DAY CREEK BOULEVARD APPROXIMATELY 300 FEET WIDE BY 8,000 FEET IN LENGTH, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-161-64, 225- 101-41,225-071-61, AND 225-082-03 Debra J. Adams, City Clerk, read the title of Ordinance No. 636. MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 636 for October 4, 2000. Motion carried unanimously 5-0. F3. CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS Mayor Alexander reported this is the time and place for the public hearings to take place relating to the formation of CFD 2000-03 (Rancho Summit). He added the public hearings relate to the formation of the proposed community facilities district and the authorization to levy special taxes within such district, and to incur a bonded indebtedness to pay for the acquisition of authorized public facilities. He asked the City Clerk to report on the notice of the public hearings and then for the staff report to be given. Debra J. Adams, City Clerk, stated the Notice of Public Hearing had been given in the form and manner as required by law and that a Certificate of Compliance is on file relating to the (i) Publication of Notice of Intention to form Community Facilities District and authorize the levy of a special tax, and (ii) Publication of Notice of Hearing to Incur Bonded Indebtedness. Staff report presented by Duane Baker, Assistant to the City Manager. September 20, 2000 Page 8 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 00-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. 00-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON MOTION: Moved by Curatalo, seconded by Willlares to approve Resolution No. 00-190 and 00-191. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 12. REPORT OF DUMPING ON ETIWANDA NORTH OF HIGHLAND Staff report presented by John Thomas, Plan Check ManagedFire. Councilmember Biane brought up that on Summit to the west, he felt the same thing was happening and asked for Building and Safety to check this out. City Council Minutes September 20, 2000 Page 9 ACTION: Report received and filed. 13, REVIEW OF HISTORY QF SLUMP STONE WALL ISSUE LOCATED AT 6549 EGGLESTON PLACE, RANCHO CUCAMONGA. Staff report presented by John Thomas, Plan Check ManagedFire. He noted a correction in the staff report on page 151, stating the date in the last paragraph should be November 10, 1998 instead of 1999. Councilmember Curatalo asked why Mr. Georgiou did not attend the July 27 meeting. John Thomas, Plan Check ManagedFire, stated he thought it was because Mr. Georgiou did not have enough time to prepare for the hearing and the disapproval of the members of the Board of Appeals. Councilmember Biane asked about the timeframes for filing an appeal after the wall is built. James Markman, City Attorney, stated it is a ten day timeframe for this particular issue. He continued to read a code section regarding the ten day statute of limitations. He stated the code does apply unless there are changes to the procedural law and then the City has to go with the new procedural law. ~ Mayor Alexander opened the meeting for public input. Addressing the City Council was: Mr. Georgiou referred to his appeal he filed April 19, 1999. He asked if the council would hear his appeal or not. He continued to give his own chronology of the events that has taken place. James Markman, City Attorney, felt Mr. Georgiou was playing a game and that the timeframe for filing his appeal was not met. He added Citation Homes did not object to the Council hearing this matter and was willing to work with the City on resolving things. He stated the issue is if the wall was built safely. He felt the Council should adopt a motion that Mr. Georgiou's letter of April 19, 1999 was not a timely filed appeal in the view of the City Council. Mayor Alexander talked about the City Council giving Mr. Georgiou a hearing and that they did this as a courtesy instead of the Appeals Board hearing the matter. MOTION: Moved by Curatalo, seconded by Biane to conclude that Mr. Georgiou's letter of April 19, 1999 did not constitute an appeal and was not filed in a timely manner. Councilmember Dutton commented from the transcript of the February 23, 2000 meeting stating that the Council did hear Mr. Georgiou's appeal on that date. He continued to go through the transcript pointing out various important facts and stated he would go along with the motion. Mayor Alexander felt every courtesy has been extended to Mr. Georgiou. He stated the City feels the wall was put up appropriately. Councilmember Biane fe~t the City has done everything they can to try to assist Mr. Georgiou. He felt the construction was done as it should be. He pointed out again that the City has done everything possible to help Mr. Georgiou. Motion carried unanimously 5-0. City Council Minutes September 20, 2000 Page 10 J. IDENTIFICATION OI= ITEMS I=OR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Willjams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:00 p.m. Respectfully submitted, City Clerk · Approved: October 18, 2000