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HomeMy WebLinkAbout1998/11/18 - Minutes November 18, 1998 CITY OF RANCHO CUCAMONGA C~TY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 18, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:24 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, ,James Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Jarnes Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Mitch Slagerman, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Dan James, Sr. Civil Engineer; Jon Gillespie, Traffic Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Jim Frost, City Treasurer; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Diane O'Neal, Assistant to the City Manager; ,lenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Bob Corcoran, Fire Deputy Chief; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B 1. Recognition of Lewis Homes Management Corporation for support of the 1998 College Fair. Mayor Alexander recognized Paula Dempsey and the Community Services staff for their efforts on this project. Nettie Nielsen presented a plaque to Ms. Dempsey for her support of this program. The students also presented certificates to the staff involved in this program. B2. Mayor Alexander announced that the Chaffey Garcia House, located at 7150 Etiwanda Avenue, will have an open house this Saturday. City Council Minutes November 18, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Frank Williams, Chairman of the Affordable Housing Corporation in Rancho Cucamonga, talked about the newly created program. He stated there has been no government dollars contributed towards this. He stated the proper name for this is called "Housing Action Resource Trust (HART) which is a down payment assistance program, C2 Leonna Klippstein, Spirit of the Sage, commented on a letter that was faxed to the Council. She asked that the public comments be opened up on the Haven View Estates item. She commented on a letter that was written by Gerald Braden on October 29 from the Department of Community and Cultural Services. She felt the public should be allowed to give input about the Haven View Estates Item I1. She also handed to the City Clerk other documents which she wanted included into the record. C3. Malissa McKeith, Ginger Court, wanted to submit information to the Central Park Task Force and asked how this can be done. Rick Gomez, Community Development Director, stated the next meeting is scheduled for December 8 at 6:00 p.m. in the Tri Communities Room and she could distribute the information then. Ms. McKeith also inquired if anyone wou~d be allowed to speak for the Haven View item. James Markman, City Attorney, stated they would be allowed to speak. Ms. McKeith stated she does have documents she would like to submit for the record regarding CEQA. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 10/28/98 and 11/4/98 and Payroll ending 10/11/98 and 10/25/98 for the total amount of $3,387,204.05 D2. Approval to receive and file current Investment Schedule as of October 31, 1998. D3. Approval to advertise for "Notice Inviting Bids" for the construction of landscaping and irrigation for the Haven Avenue Beautification Project between Base Line Road and Church Street, to be funded from Beautification Funds, Account No. 21-4647-9709.. RESOLUTION NO. 98-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE BEAUTIFICATION PROJECT, BETWEEN BASE LINE ROAD AND CHURCH STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes November 18, 1998 Page 3 D4. Approval to advertise for "Notice Inviting Bids" for the construction of traffic signals and safety lighting at three locations, located at the intersections of Rochester Avenue at Vintage Drive, Rochester Avenue at Victoria Park Lane and Carnelian Avenue at Highland Avenue, to be funded from Transportation Systems Development Funds, Account Nos. 22-4637-9818, 22-4637-9816 and 22-4537-9817, respectively. RESOLUTION NO. 98-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THREE LOCATIONS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to destroy records and documents which are no longer required as provided under Government Code Section 34090 and 34090.5. RESOLUTION NO. 98-206 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 OTHERAPPLICABLE LEGAL REFERENCES D6. Approval of graphic design for Senior Transportation Program. D7. Approval of funds in the amount of $1,308 from Account No. 01-4532-3900-4203-3602 for transfer of title for senior transportation bus from City to the Rancho Cucamonga YMCA. D8. Approval to appropriate $32,240 from Fund 28 - CDBG (A/C 28-4333-9106) for the construction of wheelchair ramps at various locations. D9. Approval of Improvement Agreement and Improvement Security for D.R. 97-43, located at the southwest corner of Arrow Route and Rochester Avenue, submitted by Schlosser Forge Company. RESOLUTION NO. 98-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND IMPROVEMENT SECURITY FOR D.R.. 97-43 D10. Approval of Improvement Agreement and Improvement Security for Tract 14379, located on the north side of Wilson Avenue west of Etiwanda Avenue, submitted by Centex Homes, and release of previously submitted Improvement Agreement and Improvement Security accepted by City Council on November 6, 1991, from Watt Inland Empire, Inc;. City Council Minutes November 18, 1998 Page 4 RESOLUTION NO. 98-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENTAGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NUMBER 14379 D 11. Approval to execute a Professional Services Agreement with Crossroads Software (CO98-063) of Brea, California, for developing and providing a computerized traffic collision database and analyst system in the amount of $23,915.11 to be funded from California Office of Traffic Safety Funds, Account No. 24- 4637-9825. D 12. Approval of Cooperative Agreement between Etiwanda School District (CO98-064) and the City of Rancho Cucamonga for street improvements on the north side of Summit Avenue from East Avenue to 1200 feet east of East Avenue. RESOLUTION NO.. 98-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF THE COOPERATIVE AGREEMENT BETWEEN THE ETIWANDA SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR THE PROPOSED SUMMIT AVENUE STREET IMPROVEMENTS LOCATED ON THE NORTH SIDE OF SUMMIT AVENUE FROM EAST AVENUE TO 1200 FEET EAST OF EAST AVENUE D13. Approval of a Professional Services Agreement with L.D. King, Inc. (CO98-065) to provide preliminary design engineering services for Foothill Boulevard (State Route 66) median islands, from Grove Avenue to Vineyard Avenue in the amount of $58,900, and authorization of 10% contingency to be funded from Account No. 22-4637-9843. D14. Approval to execute Supplement No. 021 (CO98-.066) ofthe State-Local Transportation Partnership Program Agreement No. SLTPP-5420 for the widening of the Burlington/Santa Fe Railroad Crossing on Arrow Route west of Milliken Avenue. RESOLUTION NO. 98-210 A RESOLUTION OF '['HE: CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO APPROVE SUPPLEMENT NO. 21 TO THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5420 AND AUTHORIZING THE CITY CLERK AND MAYOR TO EXECUTE SAID SUPPLEMENT NO. 21 MOTION: Moved by Dutton, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. City Council Minutes November 18, 1998 Page 5 No Items Submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION TO AMEND CITY ORDINANCE NO. 522 IN ORDER TO DELETE THE MANDATORY REQUIREMENTS FOR THE PROVISION OF TELECOMMUTING CENTERS AND ON-SITE VIDEO CONFERENCE FACILITIES. AND THAT NEW HOMES AND OFFICE BUILDINGS BE CONDITIONED TO BE EQUIPPED WITH CATEGORY 5 TELEPHONE CABLE OR FIBER OPTIC CABLE AS APPROPRIATE Staff report presented by Jon Gillespie, Traffic Engineer.. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Mahlon Sampson, Cottage Ave., stated he does electrical contracting and he hoped there would be guidelines for developers for the requirements. He also asked who would be responsible for inspecting the Category V wiring. Joe O'Neil, City Engineer, stated there will be guidelines developed. He stated the inspections will be done through Building and Planning departments. Mayor Alexander stated he felt the Council should approve the guidelines. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 522A. ORDINANCE NO. 522 A (first reading) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-03, AMENDING CHAPTERS 1708 AND 17.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING TRIP REDUCTION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Dutton to waive full reading and set second reading for December 2, 1998.. Motion carried unanimously, 5-0. City Council Minutes November 18, 1998 Page 6 G. PUBLIC HEARINGS G1. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENE PARK SKATE FACILITY AND ~PPROVAL OF AN ORDINANCE AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY Staff report presented by Kevin McArdle, Community Services Director. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No.414A (urgency). ORDINANCE NO. 414 A (URGENCY) AN ORDINANCE OF 'THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALl FORNIA, AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY, AND PROVIDING FOR ITS ADOPTION AS AN URGENCY' ORDINANCE MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 414A (urgency). Motion carried unanimously, Debra J. Adams, City Clerk, read the title of Ordinance No. 414B. ORE)INANC. E. NO. 414 B (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AM ENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TOT HE USE OF SPRUCE AVENUE PARK SKATE FACILITY MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 414B for the December 2, 1998 meeting. Motion carried unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes November 18, 1998 Page 7 I. COUNCIL BUSINESS I1. CONSIDERATION Of DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC - An appeal of a Planning Commission decision to approve a design review of the detailed Site Plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-511-27 through 31 and 1074-621-01 through 35. (CONTINUED FROM SEPTEMBER 16, 1998) I1. Councilmembers Biane and Dutton excused themselves from the discussion and action of this item as was stated at the September 16, 1998 City Council meeting. A recess was taken at 8:05 p.m. The meeting was called back to order at 8:20 p.m. with all Councilmembers present except Councilmembers Biane and Dutton. Mayor Alexander stated there was en 8 year old girl, Jenna Littlejohn, that passed away from a heart transplant that lives in this area. He stated anyone that wants to help towards this cause can make contributions to Sanwa Bank or Coyota Canyon School. James Markman, City Attorney, stated a staff report would not be given again, but that at the last meeting he asked for a settlement conference to try to settle this matter. He stated there was a process that was conducted. He felt it was productive, but has not concluded into settlement. He also stated some of the other ideas to pursue a joint review of the engineering studies for the debris basin levee issue did not commence. He stated he did enjoy the process and received everyone's input. He commented that per the Brown Act the public has the right to speak even though this is not a noticed public hearing or part of the administrative hearing. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Joseph T. Greer, Orange Avenue, distributed a map for the Council to see which showed the levee and the condition it was in. He felt people woutd be put in danger if the levee is eliminated. Malissa McKeith, Loeb and Loeb, stated she did not think the matter could be resolved in two months through the settlement process. She talked about a letter she sent to the Council and Mr. Markman regarding the safety issue, and stated she did not receive a response. She felt that they should continue through the settlement process and that the City should do a safety study. She felt the City has an obligation. She asked that this matter be continued tonight so that discussions can continue. She also mentioned she did not think the land was developable. Richard Stone gave a recap of what had happened over the last two months during the settlement negotiations. He stated if the developer wants to continue negotiations, they are agreeable to this. He asked that the City order the safety study. City Council Minutes November 18, 1998 Page 8 Kathleen Stockwell, 22792 Loren St., Mission Viejo and also a former resident of Rancho Cucamonga years ago, stated she is with a conservation group. She agreed a public safety study should occur. She stated she would like to see any information that proves the levee is safe. She talked about the earthquake faults that run through this area and the concern this has for her. She felt this area is very wealthy with habitat. She felt all aspects should be looked at before it is approved. Leonna Klippstein, Spirit of the Sage, stated she has resigned from being President of CURE. She stated Spirit of the Sage is not part of CURE. She talked about the various Acts relating to the species and wildlife in this area. She felt the property should be condemned to protect the residents and the wildlife at the Lauren property. She also had documents she described regarding the nat catcher. Frank Williams of the BIA reminded people that their homes were built by developers and builders. He stated he did not feel people should be putting down the building industry. He felt that if people live in an area and don't think it is safe, they should leave the area. He felt it was a real shame this developer has had to go through this. He asked that the Council let the property owners move forward with this project. Mahlon Sampson, 4965 Calico Court, stated this is not buildable land and that there is not a big developer that would build up in that area. He stated there has not been much discussion about safety issues over the last two months.. Mayor Alexander asked if he knew the levee had already been disturbed when he bought the property. Mahlon Sampson stated "no" he did not know that.. Joseph Stevens, 5067 Granada Court, felt if the project is approved the Council is putting the lives of people in jeopardy. He asked that the project not be approved. Rex Gutierrez, 11021 Carlow Court,. stated he did not see any reason why a safety study cannot happen by a third party. He felt possibly there should be a preserve in that area. He felt the Council should be prudent with this decision. He wondered if it was really appropriate for Councilmembers Biane and Dutton not to be voting on this. Bob Christiano, property owner, stated he was heartened to hear that CURE has no objection to the design of their homes because that is why they are all present at this meeting. He stated he was also heartened to hear that the judge in the CEQA issue made a determination that neither Lauren nor the City has done something wrong in their consideration of all of the issues that are involved in this matter. He stated the judge who reviewed this matter read over 60 pounds of submitted materials. He stated the offer is, nowhere near where it should be. He stated if the project is approved for the design review, the other matter can be dealt with after that at any time. He continued to comment on some of the previous comments that had been made. He also talked about the maintenance of the road and the breech of the levee and stated this is in the CC&R's. He stated anyone moving into this community receives the CC&R's. He stated he hoped this matter would be decided this evening. City Council Minutes November 18, 1998 Page 9 Bruce Ann Hahn, 5087 Granada Court, stated there are natural hazards in this area and that she did not agree with Mr. ChristianQ~ Tom Bradford, 5066 Granada Court, stated he is really concerned about the safety of this. He asked if the City would do a safety study. Mayor Alexander stated he wonders if the study has already' been done. He felt the answer to this question was yes. Mr. Bradford felt a safety study should be done now. Maurene Sampson, 4965 Calico stated there is public access to their property. She felt the Council should rethink this. There being no further response, public comments were closed. Councilmember Williams stated the safety issue was a big issue with her. She at one time felt an independent study should be done. She referred to a letter from FEMA dated 8/19/91 and felt based upon their report, she is not concerned about the safety issue any longer. Councilmember Curatalo stated he has read mountains of paper on this and is ready to put closure to this. Mayor Alexander asked if the City has ignored any endangered species. Brad Buller, City Planner, stated no they have not. He stated they have technically done things according to CEQA. Mayor Alexander stated if he felt there was an issue of safety, he would not let this project go forward, but stated he does not think safety is an issue. RESOLUTION NO. 98-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION APPROVING DEVELOPMENT REVIEW 98-13 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AN[) MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 TO 31 AND 1074-621-1 T'O 35 RESOLUTION NO. 98-179 A RESOLUTION OF 7"HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY TO DEVELOPMENT REVIEW 98-13 City Council Minutes November 18, 1998 Page 10 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 TO 31 AND 1074-621-1 TO 35 MOTION: Moved by Curatalo, seconded by Alexander to deny the appeal and approve the Planning Commission's recommendation by adopting Resolution Nos. 98-178 and 98-179. Motion carried 3-0-0-2 (Biane and Dutton abstained) Councilmember Dutton returned at 9:45 p.m. Councilmember Biane did not return due to illness. 12. PARK AND RECREATION FACILITIES UPDA'TE PARKS & FACILITIES UPDATE Rancho Cucamonga Family Sports Center 2. Rancho Cucamonga Public Library 3. Stadium 4. Spruce Avenue Park: Skate Facility 5. Victoria Groves 6. Coyote Canyon Park 7. Red Hill Park 8. Lions Park 9. Spruce Avenue Park: 10. Etiwanda Creek Park Central Park 12. All Park Facilities COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. Rancho Cucamonga Family Sports Center 6. Adult Sports 7. Facilities 8. The Grapevine 9. Contract Classes 10. Community Wide Special Events 11. Proposed Boxing Program 12. Senior Transportation Program 13. Trips and Tours 14. Human Services 15. Park and Recreation Commission 16. Epicenter City Council Minutes November 18, 1998 Page 11 MOTION: Moved by Williams, seconded by Curatalo to receive and file the report. Motion carried unanimously, 4-0-1 (Biane absent). 1:3. REPORT ON SELECTION PROCESS OF VENDORS USED BY THE CITY Staff report presented by Larry Temple, Administrative Services Director. Councilmember Williams asked if there was something that could be established where bid information could be put in the Chamber News or other publications so that more awareness is out there for the vendors that might want to go through the bid process.. Larry Temple, Administrative Services Director,. stated yes. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Dutton stated he would like to have a report at the next meeting on Central Park because of questions that have come up and various comments that were made. Councilmember Williams felt it should go on the Internet as well. K. COMMUNICATIONS FROM THE PUBLIC K1. Councilmember Dutton stated he wanted everyone to know he takes his responsibilities as Councilmember very seriously and that he has got three opinions that told him he should not vote on the Lauren matter. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Dutton to adjourn to executive session to discuss: A. POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9. PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTY, REGARDING TERMS OF PAYMENT. City Council Minutes November 18, 1998 Page 12 Motion carried 4-0-1 (Biane absent). No action was taken in executive session. The meeting adjourned at 9:57 p.m. Res,~ectfully submitted, Dbbra J. Ad~, CMC City Clerk Approved: January 6, 1999