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HomeMy WebLinkAbout1998/09/16 - Minutes September 16, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qular Meetin(~ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 16, 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 7:15 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 Lain, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Bullet, City Planner; Tom Grahn, Associate Planners; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Kevin McArdle, Community Services Director; Dave Moore, Recreation Supervisor; Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Michelle Bancroft, Management Analyst II; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEM ENTS/PRESENTATIONS B1. Presentation of a Proclamation recognizing September 17 - 23, 1998 as "Constitution Week." Proclamation was presented. B2. Presentation of Proclamations commending the Alta Loma Little League on its District Championship Victory and Vineyard Little League on its District and Sectional Championship. A representative was not present. Item to be rescheduled for October 7, 1998. C. COMMUNICATIONS FROM THE PUBLIC C1. Renee Massey, 8088 Camino Predor, wanted to know what kind of notification system is in place so that residents are made aware of changes to occur in the City. Mayor Alexander stated there is a systern~ City Council Minutes September 16, 1998 Page 2 Brad Buller, City Planner, went into more details about the legal requirements for property notifications for certain types of projects to come before the Council. She stated on her street there were stop signs put in and that they were not notified about this. She stated she would be very happy if someone from the City would meet with her because the neighbors are not very happy about this. Mayor Alexander stated this could be agendized for the next meeting to discuss this further. C2. Rex Gutierrez, 11021 Carlow Court, stated he had some citizen requests that he would pass on to the City Clerk, but that he has been hearing a lot of comments about Carnelian and 19th. He also told about other things he has heard from residents and asked for the Council to look into these. C3. Frank Williams, BIA, read a letter into the record which is on file in the City Clerk's office. He talked about a piece of mail he received putting down the Council and the development community regarding the Lauren project. C4. Richard Stone, attorney for Bill Angel and Estupenian, stated his clients did not create this piece of mail Mr. Williams is talking about. He continued to talk about the lawsuit between his clients and Mr. Christiano. C5. Malin Sampson, 4965 Calico Court, stated neither he nor Bruce Ann Hahn are members of CURE. He stated there is only one homeowner who is associated with CURE. C6. Bill Angel, 12966 Arrapapo, stated he is not familiar with the mailer that was sent out. D. CONSENT CALENDAR Jack Lam, City Manager, stated there is a modification to item 16 to include the name of the contract which is Trans Tech Engineering, Inc. He added there is a modification to item 17 which has an incorrect amount. The correct amount should be $7,758. Jack Lam, City Manager, also stated an item needs to be added under Council Business as submitted by the Public Works Subcommittee to approve a Resolution opposing Proposition 9. He stated this would be item 2 under Council Business. MOTION: Moved by Biane, seconded by Williams to add the item under Council Business. Motion carried unanimously, 5-0. D1. Approval of Minutes: August 19, 1998 D2. Approval of Warrants, Register Nos. 8/26/98 and 9/2/98 and Payroll ending 8/20/98 for the total amount of $2,247,020.14. City Council Minutes September 16, 1998 Page 3 D3. Approval to receive and file current ~nvestment Schedule as of July 31, 1998 and August 31, 1998. D4. Alcoholic Beverage Application for On-Sale General for Deane's, Martha Ann & Stanley Charles Creech, 8108 San Bernardino Road. D5. Alcoholic Beverage Application for On-Sale General for Compass Creek Restaurant & Brewery, Compass Entertainment Group, Inc., 11837 Foothill Boulevard. D6. Alcoholic Beverage Application for Off-Sale Beer and Wine for Texaco, Equilon Enterprises, LLC, 11108 Foothill Blvd. D7. Alcoholic Beverage Application for On-Sa~e Beer and Wine for Barbee's Pizza, John J. Barbee, 7251 Haven Ave., #A.. DS. Approval to advertise for bids for the Library Expansion Project to be funded from the Park Development Fund Account No. 20-4532.-9842. RESOLUTION NO. 98-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING PLANS AND SPECIFICATIONS FOR THE RANCHO CUCAMONGA PUBLIC LIBRARY EXPANSION PROJECT IN SAID CITY, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D9. Approval of SherifFs Fiscal Year 1998/99 Schedule "A." D 10. Approval to appropriate $92,313.00 awarded by the United States Department of Justice Local Law Enforcement Block Grants Program. D11. Approval of request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcoholic Beverage Control License (Off-Sale General) for a supermarket located at the northwest corner of Foothill Boulevard and Vineyard Avenue - APN: 207-102-03, 05, 08, 09, 15, 20, 21, and 49. RIESOLUTION NO. 98-162 A RESOLUTION OF 'r'HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE (OFF-SALE GENERAL) FOR A SUPERMARKET, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENtJE ~ APN: 207~102-03, 05, 08, 09, 15, 20, 21, AND 49 City Council Minutes September 16, 1998 Page 4 D12. Approval of request to make a determination of Public Convenience or Necessity (PCN) for the issuance of a Type 48, On-Site General LJquor License for a bar and a cigar lounge within the Virginia Dare Business Center, located at 8034 Haven Avenue, Suite B -APN: 1077-661-02. RESOLUTION NO. 98-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ISSUANCE OF A TYPE 48, ON-SITE GENERAL LIQUOR LICENSE FOR A BAR AND A CIGAR LOUNGE WITHIN THE VIRGINIA DARE BUSINESS CENTER, LOCATED AT 8034 HAVEN AVENUE, SUITE B - APN: 1077-661-02 D13. Approval of applications for Grant Funds from the Environmental Enhancement and Mitigation Program for the Metrolink Railway Station Beautification project, and the Don Tapia Trailhead Facility. RESOLLJTION NO, 98-164 A RESOLUTION OF '['HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE! SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK RAILWAY STATION BEAUTIFICATION PROJECT RESOLUTION NO. 98-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 16.4.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA DON TAPIA TRAILHEAD FACILITY D14. Approval of an Amendment to the Drainage Reimbursement Agreement - 030 with the Rancho Cucamonga Redevelopment Agency, to consider Annual Deferment of Payment. RESOLUTION NO. 98-166 A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE DRAINAGE REIMBURSEMENT AGREEMENT - 030 WITH THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, TO CONSIDER ANNUAL DEFERMENT OF PAYMENT City Council Minutes September 16, 1998 Page 5 D 15. Approval of Amended Maps, Summary Vacation of Golden Oak Road, Brook Drive, Sixth Street, Storm Drain and Landscape Easements, dispositiion by Quitclaims Lots 1 and B, and the De-annexation of Work Program areas from Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tracts 15727-1, 15727-.2 and '15727-3, located at the intersection of Fourth Street and Cucamonga Creek Flood Control Channet, bordered by Sixth Street on the north, submitted by Cornerpointe 85 and 257, LLC RESOLUTION NO. 98-167 A RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDED TRACT MAPS NUMBER 15727-1, 15727-2 AND 15727-3 RESOLUTION NO. 98-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STREET, HIGHWAY AND RELATED PURPOSES FOR GOLDEN OAK ROAD, BROOK DRIVE AND SIXTH STREET LOCATED WITHIN AMENDED TRACTS 15727-1,15727-2 AND 15727-3 ATTHE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET' ON THE NORTH RESOLU'¥1ON NO. 98-169 A RESOLUTION OF THE CI'TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TRACT 15727-3 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE. NORTH RESOLUTION NO. 98-1'70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TENTATIVE TRACT 15727 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH City Council Minutes September 16, 1998 Page 6 RESOLUTION NO. 98-171 A RESOLUTION OF "THE CITY COUNCIL OF THE CITY OF RANCHO OUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EASEMENTS FOR LANDSCAPE MAINTENANCE PURPOSES LOOATED WITHIN AMENDED TENTATIVE TRACT" 15727 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH RESOLUTION NO. 98-172 A RESOLUTION OF "THE CITY COUNCIL OF THE CITY OF RANCHO CUOAMONGA, CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUOAMONGA AND AUTHORIZING THE CITY ENGINEER TO SIGN THE QUITCLAIM DEED AND TO PRESENT SAME TO THE COUNTY RECORDER TO BE FILED FOR REOORD RESOLUTION NO. 98-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO OUCAMONGA, CALIFORNIA, ORDERING THE DE-ANNEXATION OF CERTAIN TERRITORY FROM THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR AMENDED TRACT MAPS NUMBER 15727-1,15727-2 AND 15727-3 D 16. Approval to award and authorization for execution of Contract (CO98-053) for the Traffic Signal and Safety Lighting at the intersection of Arrow Route and Baker Avenue, in the amount of $104,650.00 ($91,000.00 plus15% contingency) to be 'funded from Transportation Systems Development Fund, Account No. 22-4637-9514. D17. Approval to award contract to Pageantry Productions (CO98-054) for services for the 1998 Founder's Day Parade in the amount of $7,558.'11. D 18. Approval of Improvement Agreement Extension for Parcel Map 12854, located on the west side of East Avenue, between Catalpa and Victoria Streets, submitted by Style Homes Company, L.P. RESOLUTION NO~ 98-174 A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF RANCHO CUOAMONGA, OALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT8 SECURITY FOR PARCEL MAP 12854 D19. Approval of Improvement Agreement Extension for Tract 14644, located on Camellia Court, north of Hillside and east of Beryl, submitted by Jorge Garcia. City Council Minutes September 16, 1998 Page 7 RESOLUTION NO. 98-175 A RESOLUTION OF '['HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14644 D20. Approval of Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Parcel Map 15029, located on the east side of Center Avenue, north of Foothill Boulevard Release: FaithfuiPerformance Bond $253,400.00 #P2679881 Accept: Maintenance Bond $ 25,340.00 #P2679881 RESOLUTION NO. 98-176 A RESOLUTION OF -["HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS, RELEASING THE FAITHFUL PERFORMANCE BOND AND ACCEPTING A MAINTENANCE BOND FOR PARCEL MAP 15029, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 14072, located at the southwest corner of Highland Avenue and Jasper Street, submitted by Diversified Pacific Homes, LTD. RF_SOLUTION NO.. 98-177 A RESOLUTION OF -["HE CR'"Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14072, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE'. WORK MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar with the modifications stated above. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No Items Submitted. City Council Minutes September 16, 1998 Page 8 F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC - The 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. Councilmember Dutton stated he was made aware today of a conflict he has with this item because of a partnership he has with Jim Barton. He stated he would like to excuse himself from these proceedings. Councilmember Biane stated he also would have to abstain because of a potential real estate deal which could create a conflict with this item. Both Councilmembers Dutton and Biane left the meeting until after this item had concluded. Staff report presented by Tom Grahn, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Allday, representing Lauren Development, stated they are presenting 40 homes that show exactly what the Council asked them to do some time back. He talked about the homes in Haven View Estates and how some of them are similar to tract homes. He did not think their project was like tract homes. He continued to talk about what they have done with the plans for this project that make it comply with the City's standards. He stated there are no two homes the same. He also presented some scaled models for the Council to view. He stated the price would range from $450,000 to $600,000 plus upgrades. Malin Sampson, 4965 Calico Court, asked that the project be withheld until the court case has a decision rendered on it. He also commented on the grading. He stated he has not had the opportunity to talk with the Mayor and that staff seemed difficult to reach. Richard Stone talked about the project being inconsistent with the general plan because of the open space. He showed the Council a plan to review regarding the open space and also showed them other plans relating to the project. He also referred to various documents regarding the open space. He talked about flood control. He stated this is not very low residential. He added there are three open space issues relating to this project and that this is very clear. Jack Rubens, representing haven View Estates and RC5, talked about the process this project went through. He stated he did not: think they were limited to lot specific design issues. He stated in the code you must wait one year to reapply unless the use or design has changed. He stated this was not either case. He continued to talk about the various appeals for this project. He continued to state how the development code was violated. He had questions about the Resolution and did not agree with it. He talked about another grading plan that was floating around the City. City Council Minutes September 16, 1998 Page 9 A recess was taken at 8:57 p.m. The meeting reconvened at 9:22 p.m. with all members present. Nellis Morris, 5109 Lipizan, stated she felt: she was lied to and that her concern is the levee. Kathy Wyatt, 4999 Ginger, played a video displaying the debris basin that failed. She was concerned about the levee. Paul McGarret of Upland stated he feels unsafe about purchasing a home in Rancho Cucamonga if the levee is to be removed. He also showed a video which showed the rushing water where the homes would be built.. Councilmember Curatalo asked who took the video and the date it was taken. Malissa McKeith's mother stated she took i t on February 24, 1998. She continued to identify what was shown on the video. She also displayed a map of the area. Randy Hunt felt there needed to be some open spaces left in the City. Dorothy Green talked about the shortage of water supply. She felt the area needed to be left as it is now as a water recharge basin.. James Markman, City Attorney, questioned if this is really a recharge basin. Malissa McKeith, 4993 Ginger Court, stated this is designated as a recharge basin by the Army Corp of Engineers and that there is evidence. Mark Escopinian, 11045 Ranch Drive, stated he did video tape this area and that he is at the bottom of the levee. He felt it was sad the Council coulldn't see the safety issues because of the politics. Joe Stephen, 5067 Granada Court, felt there wos serious safety issues if this project is approved. Mel Dorn, 10126 Dorset, talked obout the flooding problems of the City from previous years. He talked about the debris basin and the affects it would have if it is removed. Laurine Sampson, 4965 Celico Court, stated her concern is the debris basin and if it were to overflow. Bill Hawkins, 4987 Ginger Court, also owns property in RC5 and stated he is concerned about the levee if it is removed and does not know if he wants to build in there. He stated he felt they are not compatible with the neighborhood. He felt the project violates the general plan and the Hillside Ordinance. Brent Devern, Loeb & Loeb, felt there should be fLirther environmental review. He mentioned the offer made to Christiano for the property. He felt the project should be denied and requested further environmental review. City Council Minutes September 16, 1998 Page 10 Mayor Alexander asked if the offer was put in writing. Mr. Devern stated he has never seen it. He also showed a paper"Scope of Discretionary Approvals Remaining" and talked about this. He talked about the replacement of the levee and the concern this causes. He also talked about docurnents relating to the levee. He felt the project should be denied for further environmental review. Bob Christiano, property owner, talked about all the horrible things he has heard about this project and how by building this project will make the area unsafe and people could die. He stated the lies told to the City Council is unbelievable. He stated the deal offered to him is not true and that he is suspect to everything told to him.. Tom Bradford, 5066 Granada Court, felt: the existing lawsuit should conclude and that this hearing should be postponed until then. He asked what the legal costs are. James Markman, City Attorney, stated Richards, Watson & Gershon's bill for the first case was $31,290.68, the second case bill was $74,028.93, and the third case was $67,393.85. He stated this is a lot more than Rancho Cucamonga has ever spent on land issues. Morril AItose, 4907 Calico, felt this was 'very unique. A recess was taken at 10:39 p.m. The Council reconvened at 11:00 p.m. Malissa McKeith, 4993 Ginger Court and also with Loeb & Loeb, stated they would be amenable to a 60 - 90 day continuance to try to resolve this, but stated the developer is not. She talked about the cases that have gone to court. She did not feel she had adequate notice for a hearing tonight. She felt there needed to be a study about the levee to see if it is safe. She displayed a document and read it into the record which is on file in the City Clerk's office. She continued to show more documents about the levee. She did not agree with Joe O'Neil's comments about the levee. She stated the people didn't have an idea of what was really going on with the levee. She added she did not feel Christiano's property was very developable. Councilmember Curatalo asked about what kind of negotiations have taken place to resolve this. Malissa McKeith stated they are willing to sit down and try to negotiate this. Bob Christiano stated he did not think there has been dialogue for over the last year. He stated he felt this has been a delay. James Markman, City Attorney, stated this was his idea to try to work things out. Mr. Christiano stated there has not been dialogue or good faith and that all they are trying to do is stop his project. Jack Rubens, Attorney representing the homeowner's association, stated they will go back to try to get everyone together to work things out:. City Council Minutes September 16, 1998 Page 11 Malissa McKeith stated the Council can deny this project because they did not wait a year and they have not changed the design of the project. Bill Angel, 12966 Arappapo, stated he felt the new plans are not that much of a difference. He showed the Council plans to illustrate that they are not different. He felt the developer is violating the Hillside Ordinance. John Allday, Lauren Development, asked if there were questions on the design rewew. Mark McGuire, attorney, stated they are not willincj to wait on this another 60 to 90 days. He asked that the Council act on the application for its merits. He continued to make rebuttal arguments on what had been previously stated. A recess was taken at 12:13 a.m. The meeting reconw~ned at 12:23 a.m. Andrew Hartsell, representing Lauren Development, told about the property and how it relates to endangered species. He talked about a letter he had received from the Department of Fish and Game. He talked about earthquake magnitudes and how it relates to the project. He also mentioned ground water recharge. He felt there was a strong misrepresentation by the applicant regarding the DWP issues. Councilmember Williams stated she would like a third opinion on the safety issue and would that be agreeable to them. She commented on the four' senior residents that are scared about getting flooded out. She stated she would like a third party to check, into this to reassure her this is safe. A recess was taken at 12:57 a.m, The meeting reconvened at 12:59 a.m. Mark Maguire, representing the appl. ican~: stated he felt the safety issues are always something that can be visited, that it is the design issue that is before the Council tonight. He stated the delay of 90 days would be devastating to them. James Markman, City Attorney, stated the Council could agree to hire the third party and decide who it would be. Jack Ruben commented on what Mark Maguire stated and felt this should be denied because it was submitted within less than one year. Richard Stone commented on the general plan and various other aspects of the case. He stated there is no evidence of the gener,al plan designation. Malissa McKeith stated there are a lot of people afraid because of the levee situation. She stated she would like a thorough review, She stated they urged the Council to continue this for 90 days. City Council Minutes September 16, 1998 Page 12 Grant Deven, Loeb & Loeb, submitted for the City Clerk's records information he identified in his first presentation. Andrew Hartsell gave input on how the process should occur to make sure the levee is safe. Councilmember Williams stated she is very concerned about the levee and felt it needs to be proven to people that their homes will be safe. Malissa McKeith did not feel [his should be turned over to staff to handle, that it should be turned over to someone independent. There being no further comments, the public hearing was closed. Councilmember Williams stated she is very bothered by the mailer sent out and that it should not happen again. James Markman, City Attorney, stated he felt this should be checked out by an engineering firm instead of a state agency to check out the safety issues. He hoped then this matter could get resolved. Brad Buller, City Planner, gave comments about the City's position for this project. Joe O'Neil, City Engineer, stated the drainage proposals have been prepared and approved by the appropriate agencies. Councilmember Williams asked him if he had a "secret" set of plans that everyone keeps referring to. Joe O'Neil, City Engineer, explained about the p~ans that had been submitted and what the requirements are. He stated everything goes through the approval process and that there are no secrets. James Markman, City Attorney, stated depending on the outcome of the study, this could change things requiring other approvals and changes to the plans. Joe O'Neil, City Engineer, continued to read a statement into the record from the Department of Water Resources, Ken Miller, which refers to the dam~ Councilmember Curatalo stated he votes for a 90 day continuance to try to work things out. James Markman, City Attorney, stated they could go through a settlement process and see if there is any progress with a report to come back to the Council. MOTION: Moved by Curatalo, seconded by Williams to continue the matter for 60 days to November 18, 1998 to work on the issue of the safety of the levee and a~so the pending litigation matters. Mayor Alexander stated he was offended by the statement that the Council only protects the wealthy, because this was not true. Motion carried 3-0-0-2 (Biane and Dutton abstaining). City Council Minutes September 16, 1998 Page 13 A recess was taken at 1:44 a.m. The Council reconvened at 1:45 a.m. with Councilmembers Biane and Dutton returning to the meeting. RESOLLr1"ION 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), AND MAKliNG FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 'TO 31 AND 1074-621-1 TO 35 RESOLUTION NO. 98-179 A RESOLUTION OF THEE 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 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 LO'W RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE}, AN[::) MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 TO 31 AND 1074-62t-1 TO 35 G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes September 16, 1998 Page 14 I. COUNCIL BUSINESS I1. PARK AND RECREATION FACILITIES UPDATE PARKS & FACILITIES UPDATE 1. Lions West Community Center 2. Rancho Cucamonga Senior Center 3. R.C. Family Sports Center 4. Rancho Cucamonga Public Library 5. Stadium 6. Civic Center 7. Spruce Avenue Park Skate Facility 8. Victoria Groves Coyote Canyon Park 10, Red Hifl Park 11. Heritage Park 12. Lions Parks 13. Spruce Avenue Park 14. Etiwanda Creek Park 15. All Park Facilities A. COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. Rancho Cucamonga Family Sports Center 6. Adult Sports 7. Lions East and West Celebration 8. Facilities 9. The Grapevine 10. Contract Classes 11. Community Wide Special Events 12. Park Facility Reservation Signs 13. Proposed Boxing Program 14. Senior Transportation Program 15. Trips and Tours 16. Human Services 17. Park and Recreation Commission 18. Epicenter ACTION: Report received and filed. City Council Minutes September 16, 1998 Page 15 12. (Added item) APPROVAL OF A RESOLUTION OPPOSING PROPOSITION 9. Staff report presented by Rick Gomez, Community Development Director. MOTION: unanimously, 5-0. RESOLUTION NO. 98-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING PROPOSITION 9 Moved by Biane, seconded by Williams to approve Resolution No~ 98-180. Motion carried J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public.. L. ADJOURNMENT The meeting adjourned at 1:49 a.m. R)~spectfully submitted, I',~'-D e"~ ra J. A~11~s, CMC City Clerk Approved: November 4, 1998