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HomeMy WebLinkAbout2004/12/01 - Minutes December 1,2004 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a special closed session on Wednesday, December 1, 2004, in the. Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy city Manager; James Markman, City Attorney; and Brad Buller, City Planner. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) MaWr A~exander announced the closed session item. B1. CONFERENCE WITH LEGAL COUNSEL/EXISTING LITIGATION (PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54956.9); SPIRIT OF THE SAGE COUNCIL V CITY OF RANCHO CUCAMONGA (3 CASES); SAN BERNARDINO COUNTY SUPERIOR COURT CASE NOS. RCV 081807, 081847 & 082430 - CITY Il C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No communication was made on the closed session items. I D. CONDUCT OF CLOSED SESSION The closed session began at 5:05 p.m. E. CITY MANAGER ANNOUNCEMENTS AND REPORTS The closed session recessed at 5:55 p.m. with no action taken. City Council Minutes December 1,2004 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Requ ar Meeting I A. CALL TO ORDER [ A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 1, 2004, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:03 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; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Joe Kamrani, Sr. Information Systems Analyst; Mike Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Mike TenEyck, Administrative Resource Manager; Robert Lemon, Management Analyst II; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; 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; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst lit; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. I s. ANNOUNCEMENTS/PRESENTATIONS II B1. PRESENTATION OF RESOLUTIONS AND PLAQUES TO ROBERT J. HOWDYSHELL AND DONALD J. KURTH, M.D. The City Council presented Mr. Howdyshell and Dr. Kurth with Resolutions and Plaques for their service on the City Council. Mr. Howdyshell stated it has been an honor to be on the Council these past two years. Dr. Kurth stated it has been a pleasure to have been on the City Council and to have worked with all of the staff. He thanked the people who supported him and voted for him. B2. PRESENTATION BY GWYN FROST Gwyn Frost talked about her tradition of presenting the coffee mugs to new Councilmembers that she started in 1980. She presented coffee mugs to Councilmembers Michael and Spagnolo in continuing with her tradition. [I C. PUBLIC COMMUNICATIONS II C1. Dominick Melillo, Chairman of the Board of the Chamber of Commerce, congratulated Councilmembers Michael and Spagnolo on their recent election victory. City Council Minutes December 1,2004 Page 3 C2. John Lyons, Etiwanda area, welcomed Councilmembers Spagnolo and Michael as the newly elected Councilmembers. He asked everyone to support the troops. He felt there should be a City monument that would list all of the previous members of the City Council so that everyone for years to come will know this. He felt this should be incorporated into the Central Park plan. He mentioned that both Dennis Michael and Sam Spagnolo were previously part of the Rancho Cucamonga Fire Protection District. He mentioned the campaigning that occurred during the recent election and the amount of money spent. He thanked all of the families of the Councilmembers for the amount of time each Councilmember spends away from their family. C3. Gwyn Frost stated she agreed with the idea of the Councilmember monument that John Lyons talked about. She stated the first six men that were on the City Council are not listed on any plaques. She . stated she would like to be on the committee as the wife of the first Mayor of the City. She felt Central Park would be a good place for this. C4. Leslie Grimes welcomed the new City Councilmembers. She hoped the Council will protect the City's open space and the foothills. She reminded people that it is Christmas time and it is cold. She stated there are a lot of homeless people and asked everyone to volunteer to help those people that are less fortunate than we are. C5. Nicole Myerchin thanked Bob Howdyshell and Don Kurth for their service, and welcomed Dennis Michael and Sam Spagnolo. She stated at the last meeting she brought up the idea of a senior gift drive. She read a letter she had received from someone that expressed their appreciation to her for her work on this program. She thanked Mayor Alexander fer his help with this program. She stated Hilda Phillips told her about a program through Ralph's that a percentage of what people purchase would go to the Senior Homebound Meal Program. She commented on the Animeals Program. She encouraged everyone wanting a pet to go to the Animal Shelter and adopt a pet. She asked people to make a contribution to Rancho Cucamonga Veterinary Services so they can continue with this program. C6. Hilda Phillips talked about her program through Ralph's previously mentioned by Nicole Myerchin. C7. Bill McCliman brought up the staffing ratios for police and fire for a community of our size and stated he would like to have an item brought forward to discuss this at a future meeting. He talked about other cities' ratios of police and fire personnel compared to our City. He felt Rancho Cucamonga is behind and asked for the City Manager to bring a report back to the Council on how the City decides on staff ratios. He would like to see the formula how this is done. He stated he would like to see the agenda changed se that public comments can be moved after Council Communications. He felt this would allow more communication. Mayor Alexander asked if the report could be brought back at the first meeting in January. Mr. McCliman stated yes. C8. Melanie Ingram, Rancho Recall - Citizens for Open Government, stated it is great to see a full City Council elected by the people. She stated they hope to help eut. II I~. COUNCIL COMMUNICATIONS II D1. Councilmember Michael thanked Bob Howdyshell and Don Kurth for their service on the City Council. He felt they would still be a positive force in the City. He thanked the people for showing confidence in him by electing him to the City Council. He stated he is always willing to talk to anyone. City Council Minutes December 1,2004 Page 4 D2. Councilmember Spagnolo stated it is an honor and a humbling experience to be on the City Council. He stated he will honorably serve as a Councilmember. He appreciated the support from everyone in the community, and thanked his wife, Vi, and family for their support and love. He stated he looks forward to working with the existing City Councilmembers. D3. Councilmember Gutierrez stated he wanted to work together to make this a great City. He stated he is grateful for the new City Council. He felt this would be a diverse group. He stated on Saturday, December 4, there will be a "Santa Paws" day, which is a fundraiser to raise money for the Animal Shelter. This event will be held from 11:00 a.m. to 5:00 p.m. He encouraged everyone to come by and support our animals and asked that people adopt the pets fer the holidays. D4. Councilmember Williams stated she is looking forward to working with this Council to move forward with things in the City. She thanked REI because they were very generous in allowing information about the City's Rails to Trails Program to be placed at tables in their store. She stated Friday, from 5:00 p.m. to 8:00 p.m. at the Filippi Winery there will be an event to raise money for the Library/Cultural Center. She stated it is $25.00 at the door. She stated the theme is "Back to the Forties." She stated Rod Gilfrey will also be there. DS. Mayor Alexander stated just because there ara three people that were previously in the fire service and,~now on the City council does not mean the Fire District will be getting preferential treatment. He did not ~ee any special favors being given to the Fire or Police Departments. He asked if the Council could limit their speaking time to five minutes as is required of the public. He wished everyone a happy holiday season. II E. CONSENT CALENDAR I James Markman, City Attorney, stated Councilmembers Michael and Spagnolo should abstain from voting on the minutes since they were not part of the Council at the time these meetings took place. El. Approval of Minutes: October 20, 2004 November 3, 2004 November 17, 2004 E2. Approval of Warrants, Register 11/09/04 through 11/17/04 and Payroll ending 11/17/04, for the total amount of $5,858,751.43. E3. Approval to re-appropriate $250,000 from the Transportation Fund into Acct. No. 1124303- 5650/13431240 for Construction of the Central Park Senior/Community Center Project. E4. Approval of a Request from the Christian Okoye Foundation for a Waiver of Rental Fees and Epicenter Maintenance Charges for a Youth Holiday Event and a Potential 5K Community Run at the Rancho Cucamonga Epicenter and Adult Sports Complex on December 11,2004. E5. Approval to accept grant revenue in the amount of $227,287 from the 2004 State of California Supplemental Law Enforcement Services Fund (SLESF) into Acct. No. 1354000-4740 (Grant Income), and to also appropriate the $227,287 into Acct. No. 1354701-5300 (COPS GRANT-STATE-CONTRACT SERVICES) to help subsidize funding of six sheriff's service specialists and three vehicles. E6. Approval to accept grant revenue in the amount of $21,750.00 awarded by the State of California Governor's Office of Emergency Services into Acct No. 1388000-4740 (Grant Income); and authorization to appropriate $21,750.00 into Acct. No. 1388501-5300 (Contract Services) for the cost of the Hazard Mitigation Plan. City Council Minutes December 1,2004 Page 5 E7. Approval of a reimbursement for $42,000.00 from Beautification fund balance, Acct. No. 1110303- 9612, to CFD 2001-01 fund batance, Acct. No. 1612000-8110, and appropriate $42,000.00 to Acct. No. 16123035650/1442612-0 from CFD 2001-01 (Fund 612) fund balance. Eg. Approval of a Resolution of the adopting rates, fees and charges pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. RESOLUTION NO. 04-357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Eg. Approval of expenditure to Delta Microimaging, Inc. of Fresno, CA, utilizing existing contract no. 04- 036, approved by City Council April 2004, for backfile conversion services for public improvement plans and subdivision maps in an annual amount not to exceed $30,000 for the remainder of fiscal year 2004/2005, with an option to renew for additional one-year periods, upon review and confirmation of pricin, g and mutual consent, up to a total of three years, to be funded from 1016-301-5300. E10.~' Approval to execute an agreement (MOU) with the Chaffey College Foundation (CO 04-189) to broadcast the "Chaffey College Telethon" on RCTV-3, January 7-9, 2005, via assistance provided to the College by Charter Communications. Ell. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16300, located on the north side of 4th Street between Pittsburgh Avenue and Richmond Place, submitted by Tharaldson Development Co. RESOLUTION NO. 04-358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16300, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 04-359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 16300 E12. Approval of Improvement Agreement, Improvement Security, Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16615, located on the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Standard Pacific/Victoria Arbors, LLC - APNS: 227-171-26 thru 28, 30, 32, 37-38. RESOLUTION NO. 04-360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP 16615 City Council Minutes December 1,2004 Page 6 RESOLUTION NO. 04-361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16615 E13. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and.file a Notice of Completion for improvements for Tract 15955, located on the northeast corner of San Bernardino Road and Vineyard Avenue, submitted by Nevis Cucamonga, LLC ' RESOLUTION NO'. 04-362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15955 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E14. Approval to release Maintenance Guarantee Bond for Tract 14523-1, located on the west side of Day Creek Boulevard between Wilson Avenue and Banyan Street, submitted by US Home Corporation. E15. Approval to accept Improvements, release Faithful Performance Bonds, accept Maintenance Bonds, and file Notices of Completion for improvements for Tracts 15711-1, 15711-2 and 15711, located on both the north and south sides of Miller Avenue, between Etiwanda and East Avenues, submitted by RC Homes, LLC. RESOLUTION NO. 04-363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15711-1, 15711-2 AND 15711 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E16. Approval to release Maintenance Guarantee Bond for Tract 16217 located on the west side of Milliken Avenue, south of Greenway Park, submitted by Western Land Properties & LDC Cougar, LLC. MOTION: Moved by Gutierrez., seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of Michael and Spagnolo not voting on the minutes. Motion carried unanimously 5-0. I F. CONSENT ORDINANCES II James Markman, City Attorney, advised that Councilmembers Michael and Spagnolo have listened to the tape for the public hearing of the below listed items and are able to vote on the second reading of the Ordinances. Fl. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2004- 00273 - LEWIS INVESTMENT COMPANY - A request to change the zoning from Industrial Park (Subarea 6) to Low-Medium Residential (4-8 dwelling units per acre) on the westerly 20.65 acres of a total 37.78 acre site; establish a Master Plan Overlay District pursuant to RCMC 17.20.030 for the entire site; and adjust the Haven Overlay District Boundary approximately 60 feet easterly consistent with the land use designation change, on property generally bounded by Center Avenue, Arrow Route, 26th Street, City Council Minutes December 1,2004 Page 7 and Haven Avenue- APN: 0209-092-04. Related file: General Plan Amendment DRC2004-00272. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 737. ORDINANCE NO. 737 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRC2004-00273, A REQUEST TO CHANGE THE ZONING WITHIN THE INDUSTRIAL PARK (SUBAREA 6) DISTRICTS TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), ON THE WESTERLY 20.55 ACRES OF A TOTAL 37.78 ACRE SITE; ESTABLISH A MASTER PLAN OVERLAY DISTRICT PURSUANT TO RCMC 17.20.030 FOR THE ENTIRE SITE; AND ADJUST THE HAVEN OVERLAY DISTRICT BOUNDARY APPROXIMATELY 60 FEET EASTERLY CONSISTENT WITH THE 'LAND USE DESIGNATION CHANGE, ON PROPERTY GENERALLY BOUNDED BY CENTER AVENUE, ARROW ROUTE, 26TM STREET, AND HAVEN AVENUE; AND · MAKING FINDINGS IN SUPPORT THEREOF- APN: 0209-092-04 MOTION: Moved by Williams, seconded by Michael to waive full reading and approve Ordinance No. 737. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT DR02004- 00402 - CiTY OF RANCHO CUCAMONGA - A request to change the Etiwanda Specific Plan land use designation from Low Residential (2-4 dwelling units per acre) to Very Low Residential (.1-2 dwelling units per acre) for approximately 9 acres of land, located at the northwest and southwest corners of Victoria Street and East Avenue - APN: 0227-061-38, 70, 71, 72, 78, and 81 and 0227-121-38, 39, 40, 44, 45, and 46. Related file: General Plan Amendment DRC2004-00371. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 738. ORDINANCE NO. 738 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT DRC2004-00402, A REQUEST TO CHANGE THE ETIWANDA SPECIFIC PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 9 ACRES OF LAND, LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF VICTORIA STREET AND EAST AVENUE - APN: 0227-061-38, 70, 71,72, 78, AND 81 AND 0227-121-38, 39, 40, 44, 45, AND 46 MOTION: Moved by Williams, seconded by Michael to waive full reading and approve Ordinance No. 738. Motion carried unanimously 5-0. II G. ADVERTISED PUBLIC HEARINGS No Items Submitted. City Council Minutes December 1,2004 Page 8 I .. PUBLIC HEARINGS II No Items Submitted. II I. CITY MANAGER'S STAFF REPORTS Il No Items Submitted. IIi j. CouNci,.Busi ss ; J1. DISCUSSION ON 210 FREEWAY (Oral) (CONTINUED FROM NOVEMBER 17, 2004) Councilmember Gutierrez stated he is eager to see the continuation of the 210 Freeway and felt it is taking a long time to get it done. He stated many people have told him it is an eyesore. He asked City Engineer Joe O'Neil if he knew what the status of the landscaping was. Joe O'Neil, City Engineer, stated right now Milliken and Rochester is being planted and they will continue on. He stated it is the State doing this and that it does take time. Councilmember Gutierrez stated Rochester to Milliken does not have a sound wall, and that this is a sound and safety issue for those neighbors. He did not feel this was up to Rancho Cucamonga standards. He did not want to see any vehicles run off the freeway and into the homes. He felt this neighborhood should be protected. J2. DISCUSSION OF DOG BREEDING ISSUE (STEVE KNECHT) (Oral) (CONTINUED FROM NOVEMBER 17, 2004) Councilmember Gutierrez stated awhile back a family with dogs came before the City Council to see if they could be allowed to sell puppies out of their home. He stated he did not think it was wrong to sell purebred animals. He asked if the City Attorney could help him with a few options that might help these people. Mayor Alexander opened the item for public input. Addressing the City Council were: Steve Knecht thanked the Council for saving Rancho Cucamonga in the previous fires. He stated they have golden retrievers on a property that is over an acre. He stated they show these dogs and also sell them. He stated they have more buyers than puppies. He stated he keeps a clean operation. He stated they have references of people about their work. He stated they are careful what they breed and that the dogs get exercise and socialization. He wished they could be allowed to continue with the breeding. He stated the dogs are licensed and that the CUP they applied for has been put on hold. He stated they currently have ten dogs and that they have done this for four years. Councilmember Michael asked them why this came up. Mr. Knecht stated it was brought up by someone that was complaining about his operation. City Council Minutes December 1,2004 Page 9 James Markman, City Attorney stated if the City Council supported this, an Ordinance Would be developed that would allow this through zoning and the CUP process. He stated they need Council direction to prepare the Ordinance. He stated this is a policy decision. Councilmember Michael stated he would like to meet with the City Planner, Brad Buller, to get updated on this and get informed about a~l of the alternatives. Brad ~uller, City Planner, stated he would recommend that Councilmembers Michael and Spagnolo review the file. He suggested a four-week continuance to allow the review of the file and if everyone is interested, the Ordinance option could be pursued at that time by Mr. Knecht. Councilmember Gutierrez stated he doesn't want this family to suffer and wants them to be allowed to keep their animals. David Dysart did not feel this request should be reconside[ed. He asked people to visit the shelter and adopt cats and puppies. Nicole Myemhin gave background information about this issue that was discussed some time ago. She felt if this precedent is set, it will open a Pandora's box. She stated that the Knecht's operated illegally. Leslie Grimes commented on people getting purebred dogs when there are so many puppies in the shelter that need to be adopted. She stated she is glad the Knecht's'do care for their dogs. Councilmember Gutierrez asked what the limit of dogs per residence was. Brad Bullet, City Planner stated it is three dogs and that there is a limit on homes, etc. too. Carol Douglas, Alta Loma Riding Club, stated it is 2.5 horses per Y2 acre and that the cap is six maximam no matter what the size of the property. Councilmember Gutierrez stated he would like this investigated. Mayor Alexander stated this would be carried over for two meetings and that possibly a workshop was needed. J3. LEGISLATIVE UPDATE Councilmember Williams stated that Congressman Dreier has found funding for the freeway intemhange near the mall in the amount of $500,000. She stated there will also be some money for the Senior Center in the amount of $150,000 for programs. She stated she spoke to Senator-Elect Dutton to see if there is a creative way for senior transportation. II g. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING See the items identified above. City Council Minutes December 1,2004 Page 10 II L. PUBLIC COMMUNICATIONS II L1. Nicole Myerchin stated she disagrees with Councilmember Gutierrez about allowing breeding on the Knecht property. She stated she got a donation from Linda Yoder for the Foster Program. She talked about the animal shelter operations and the vacant cages. She asked that the City Council consider minimum hold times at the shelter. She did not feel animals should be euthanized when there is space available. She asked people to donate to HOPE. I] M. AOJOURNMENT II MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:32 p.m. Debra J. Adams, CMC City Clerk Approved: January 5, 2005