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HomeMy WebLinkAbout1998/12/02 - Minutes December 2, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetin.q ,A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 2, 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 7:00 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Kevin McArdle, Community' Services Director; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember James Curatalo. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Assemblymarl Fred Aguiar. Mayor Alexander presented the Proclamation to Fred Aguiar for his service to the City of Rancho Cucamonga while serving in Assembly District 61, Assemblyman Aguiar thanked the Council for this special recognition. He stated he has tried to get money from the state for after school programs and was successful. He presented the City with a check in the amount of $30,000 from the State of California. City Council Minutes December 2, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CALENDAR Jack Lam, City Manager, stated item No. D4 needs to be corrected to read west of Etiwanda Avenue and not east of Etiwanda Avenue. D1. Approval of Minutes: October 21, 1998 November 4, 1998 D2. Approval of Warrants, Register Nos. 11/11/98 and 11/18/98 and Paytoil ending 11/10/98 for the total amount of $1,495,505.13. D3. Act:. Approval of a Resolution to adopt new trust requirements under the Smafl Business Job Protection RESOLUTION NO. 98-211 A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING NEW TRUST REQUIREMENTS UNDER THE SMALL BUSINESS JOB PROTECTION ACT FOR THE ClTY'S DEFERRED COMPENSATION PLAN D4. Approval to appropriate $191,736.00 from Trust Account Fund No. 70-276-477 for undergrounding of the existing overhead utility lines along Highland Avenue ee~-t west of Etiwanda Avenue in conjunction with Freeway Utility Relocation Project. D5. Approval of the Improvement Agreement and Improvement Security for street improvements at model site related to Tentative Tract 15072, generally located at the southwest corner of Rochester Avenue and Base Line Road, submitted by Lewis Development Co. RESOLUTION NO. 98-212 A RESOLUTION OF T'HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND IMPROVEMENT SECURITY FOR STREET IMPROVEMENTS AT MODEL SITE, RELATED TO TENTATIVE TRACT MAP 15072 MOTION: Moved by Williams, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 4-0-1 (Curatalo absent). City Council Minutes December 2, 1998 Page 3 E. CONSENT ORDINANCES El. 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 E1 and E2. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 522A and 414B. ORDINANCE NO. 522 A (second 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 E2. APPROVAL 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 ORDINANCE'. NO. 414 B (second reading) AN ORDINANCE OF 'rile CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance Nos. 522A and 414B.. Motion carried unanimously, 4-0-1 (Curatalo absent). F. ADVERTISEDPUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 98-04 - RANCHO CUCAMONGA REDEVELOPMENT AGENCY - A request to change the General Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) and Civic/Community to Low-Medium Residential (4-8 dwelling units per acre) for 17 acres of land on the north side of Base Line Road, approximately 1,300 feet east of the intersection of Rochester Avenue - APN: 0227-091-18 through 21. Staff has prepared a Negative Declaration of environmental impacts for consideration. F1 - F4. Staff report presented by Alan Warren,, Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes December 2, 1998 Page 4 RESOLUTION NO. 98-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 98- 04, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND CIVIC/COMMUNITY TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), WITH A MASTER PLAN REQUIREMENT, FOR 17 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,300 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDI;N:GS IN SUPPORT THEREOF -APN: 0227-91-18 THROUGH 21 F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 98-03 - RANCHO CUCAMONGA REDEVELOPMENT AGENCY - A request to change the Victoria Community Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) and Community Facility to Low-Medium Residential (4-8 dwelling units per acre) for 17 acres of land on the north side of Base Line Road, approximately 1,300 feet: east of the intersection of Rochester Avenue -APN: 0227- 091-18 through 21. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 592 and 593. ORDINANCE NO. 592 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 98-03, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND COMMUNITY FACILITY TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 17 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,300 FEET EAST OF THE INTERSECTION OF ROCHESTER .AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0:227-091-18 THROUGH 21 F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 98-05 - CITY OF RANCHO CUCAMONGA - A request to change the General Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 6 acres of land on the north side of Base Line Road, approximately 1,100 feet east of the intersection of Rochester Avenue - APN: 0227-091-22 and 25. Staff has prepared a Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 98-214 A RESOLUTION OF ]'HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 98- 05, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-.14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), WITH A MASTER PLAN City Council Minutes December 2, 1998 Page 5 REQUIREMENT, FOR SIX ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-091-22 AND 25 F4. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 98-04 - CITY OF RANCHO CUCAMONGA - A request to change the Victoria Community Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 6 acres of land on the north side of Base Line Road, approximately 1,100 feet east of the intersection of Rochester Avenue and for 2 ½ acres of land approximately 2,000 feet east of the intersection of Rochester Avenue - APN: 0227-091-22, 25, and 43. Staff has prepared a Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 593 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 98-04, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 8 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE AND FOR 2 ~; ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 2,000 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-091-22, 25, AND 43 MOTION: Moved by Biane, seconded by Williams to approve Resolution Nos. 98-213 and 98-214 and waive full reading and set second reading of Ordinance Nos. 592 and 593 for December 16, 1998. Motion carried unanimously, 4-0-1 (Curatalo). G. PUBLIC HEARINGS G1. CONSIDERATION OFAN APPEAL OFTHE PLANNING COMMISSION'S DECISION REGARDING THE LA FOURCADE ARCH UNDER CUP 91-24 - MASI COMMERCE PARTNERS - A request to appeal the Planning Commission's decision in denying the change in location of placing the La Fourcade Arch on Building 5 - APN: 229-011-39. Jack Lam, City Manager, stated there has been a request by the applicant for this item to be continued for 60 days. He stated at this point, there is some belief that the issue will probably be resolved without the need for it to come back at all to the Council. He asked for the item to be removed from the agenda and that it will be readvertised should there be a need for it come back in the future. MOTION: Moved by Williams, seconded by Biane to remove the item from the agenda. Motion carried unanimously, 4-0-1 (Curatalo absent). City Council Minutes December 2, 1998 Page 6 No Items Submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. SELECTION OF TWO COUNCIL MEMBERS TO SERVE ON THE GENERAL PLAN REVISION TASK FORCE Staff report presented by Rick Gomez, Community Development Director, ACTION: Councilmembers Biane and Dutton would serve on the task force. 12. CONSIDERATION OF A REQUEST FROM CITIZENS COMMITTED TO CHILDREN TO SUPPORT A BOND MEASURE FOR ALTA LOMA SCHOOL. DISTRICT Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Gary Womack, Citizens Community Children, asked the Council to approve the Resolution so that a school can be built. Councilmember Dutton asked if the City could possible do a joint use agreement for the new school that is built. It was answered by someone in the audience that this was something that could be looked at. She stated there is dialog going on with the library about this also. Mayor Alexander read the Resolution in its entirety. RESOLUTION NO. 98-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORTOF AGENERAL OBLIGATION BOND FOR THE ALTA LOMA SCHOOl. DISTRICT MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 98-215. Motion carried unanimously, 4-0-1 (Curatalo absent). 13. REPORT ON HISTORY OF CENTRAL PARK Staff report by Rick Gomez, Community Development Director. City Council Minutes December 2, 1998 Page 7 Councilmember Dutton reiterated what Mr. Gomez had just reported stating the money for PD-85 was for Red Hill and Heritage Parks and that it could not be spent on Central Park unless it was to be voted on by the voters. Councilmember Dutton asked if the City disposes of the property within the first twenty years, would Lewis Homes have the first right of refusal on the property. Jack Lam, City Manager, stated yes. Councilmember Biane inquired about the boundaries of PD-85. James Markman, City Attorney, stated it covers about 1/3 of the City. He stated the proceeds of the district are very limited and specific as to how they can be used. Councilmember Biane inquired what the east and west boundaries are of PD-85. Rick Gomez, Community Development Director, stated to describe the boundaries you would need to exclude the area east of Haven from about Base Line and over, which are not part of the district. He stated the southern and western portion of the City are included. Councilmember Biane stated people west of Haven stated they had voiced to him they hoped they were not in the district having to pay for it when they do not have Central Park to enjoy. Councilmember Dutton stated the City knew as homes on the east side were built parks would be required to be built and paid for by assessment districts. He stated it was his understanding that in 1982 the Council at that time decided to look into developing Red Hill and Heritage Parks and that they knew parks would not be able to be built as they would be on the east side of the City since the west side was for the most part already built out. For that reason the Council decided to create PD-85 to pay for Red Hill and Heritage Parks. James Markman, City Attorney stated that was correct. Jack Lam, City Manager, stated it should also be noted that all of the neighborhood parks on the east side of Haven will also be developed through park dedication or park fee requirements of developers and the only park that was acquired on the east end was Etiwanda Creek Park which is still to be completed. He stated there was a push on this because the City' got one of the last park grants the State was giving in 1986. He added the City had five years to use these funds which went into the first phase. Councilmember Williams asked how Etiwanda Creek Park maintenance is paid for. Jack Lam, City Manager, stated Etiwanda Creek Park is within another assessment district and those funds are used for maintenance. Councilmember Williams stated she wanted to point out: that this is not a City-wide assessment. Jack Lam, City Manager, stated that was correct, and that there is no one City-wide assessment district. City Council Minutes December 2, 1998 Page 8 Councilmember Biane felt there was a c~ause in the agreement with Lewis Homes that said the park was to have a City-wide benefit and if there was a tax going to be created to support the park it would have to be Citywide. Rick Gomez, Community Development Director, stated he was not aware of such a clause. James Markman, City Attorney, stated there could be a provision in the agreement that says the Terra Vista Planned Community would escape being singled out for the assessment. He stated everything he has read talks about this being of general benefit to the entire community without exception. Councilmember Biane stated he is concerned that people may not possibly want to pay for another assessment for parks if they are already paying into PD-85. Mayor Alexander opened the meeting for public comment. Addressing the City Council was: Malissa McKeith, 4993 Ginger Court, stated that people who bought homes in the Central park area thought they were going to have a park near them and still do think that. She hoped that people that fill out the survey will really think about this because those people should have a park. She inquired when the next task force meeting would be. Rick Gomez, Community Development Director,. stated it would be December 8 at 6:00 p.m. in the Tri Communities Room. Councilmember Dutton read as follows in response to Councilmember Biane's question about the taxes from paragraph 18: "The City agrees that maintenance and operation costs of the property should be spread City-wide and will not be allocated solely to Terra Vista residents." J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K1. K. COMMUNICATIONS FROM THE PUBLIC Malissa McKeith, 4993 Ginger Court, on behalf of CURE, stated she wants to talk about the comments that were made last week by' the BIA representative and Mr. Christiano particularly with respect to disclosure obligations relative to the earthquake seismic information. She stated she has had several phone calls from people since that meeting regarding this. She had information from MIT which she continued to report. She felt Mr. Christiano's comments created a lot of question in people's mind. City Council Minutes December 2, 1998 Page 9 L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to executive session to discuss 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. Motion carried unanimously, 4.-0-1 (Curatalo absent). The meeting adjourned at 8:00 p.m. No action was taken in executive session. Respectfully submitted, ' E. ebra J. A~la'ms, CMC City Clerk Approved: January 6, 1999