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HomeMy WebLinkAbout1999/12/01 - Minutes December 1, 1999 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 1, 1999, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:05 p.m. by Mayor William J. Alexander. Present were Agencymembers: Bob Dutton, Diane Williams, and Mayor William J. Alexander. Absent were Agencymembers: Biane and Curatalo. Also present were: Staff present: Jack Lam, City Manager; James Markman, City Attorney; Linda Daniels, RDA Director; Cathy Wahlstrom, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, Larry Henderson, Principal Planner; City Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Sid Siphomsay, Information Systems Analyst; Charles Scott, St. Information Systems Specialist; Kevin McArdle, Community Services Director; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Jack Lam, City Manager, announced that an Executive Session needs to be added to the agenda (see "Adjournment" for description). MOTION: Moved by Willlares, seconded by Dutton to add the Executive Session. Motion carried unanimously, 3-0-2 (Biane and Curatalo absent). B2. Mayor Alexander read a statement into the record, which is on file in the City Clerk's office. He stated this is also a press release. Joe O'Neil, City Engineer, displayed a map indicating the area referred to. Mayor Alexander asked James Markman, City Attorney, how far might the control of any building and/or operations go in the district should the study take place. James Markman, City Attorney, stated that as we understand our instructions, if one of these agencies upon whom we have relied to build and certify the adequacy of these facilities reconsiders what they have said to us, then his view is, at least arguably, the City has a substantial basis to consider any construction activity or development activity in the area allegedly protected by this levee as being in harms way. City Council Minutes December 1, 1999 Page 2 He stated we have to have such a basis to take the kind of action the Mayor is suggesting in his statement. He stated let's assume we get over that hurdle and even assume that the Council by policy is ready to accept the potential inverse condemnation actions that could ensue. He added the Council would have a pallet of choices to make as to what they mean by what activities they want to preclude. He stated the easy one to him was any construction, even an approved project, where no building permits have been issued, even if some grading has occurred because of a lega~ precedent under case law. He stated they could go further than this and decide that even if somebody is past that point and is under construction or even to the point where they are ready to occupy a facility, and if the Council feels there is a substantial basis that these people would be moving into harms way that they could even shut down the issuance of certificates of occupancy or even those building permits necessary to finish a project already under construction. He stated there is a range of choices that will be presented to the Council if they get to this point. He stated it would be a policy decision for the Council to make. He stated these would all be options if the Council is put in the position by one of these agencies of not being able to continue to rely on what they have said. C. COMMUNICATIONS FROM THE PUBLIC James Markman, City Attorney, stated he will instruct the Council that this is the time for public comments and not have the Council get into a debate as was done at the last meeting. C1. Robed Christiano hoped that the Council does not pass a moratorium. He stated he did not want the public to feel afraid. He stated there is nothing called a Deer Creek Levee. He indicated from a map that the Deer/Day Creek Levee would not be removed. He continued to clarify the size of the levee in the Lauren project. C2. Kathy Wyant, Ginger Court, presented a video about the drainage and flood control for the northern part of the City. C3. Frank Williams gave background information about himself as it relates to public safety. He felt there were false charges being made that the Council is not doing their job to protect the health, safety and welfare of the people of the City. He stated this is not a safety issue, but felt people just didn't want other people to move close to their homes. He felt this is ridiculous and did not agree with all of the lawsuits that had been filed. C4. C5. C6. C7. John Allday displayed engineered drawings pertaining to the height of the levee. He stated they want to show that the statements being made are true as far as the height of the levee. Bill Hawkins stated he would be happy to meet anyone out there to show that the levee is 40'. He stated this is a safety issue and not that they don't want people to build homes next to them. He added he appreciated the Council really trying to find out what is going on. He asked people in the community to find out what is going on by asking questions. Malon Sampson read a letter into the record which is on file in the City Clerk's office, that was from Senators Boxer and Feinstein to the Army Corp of Engineers asking them to check into the safety of the levee removal matter. He felt the safety should be certified. He stated he also has a copy of Councilmember Dutton's letter and he thanked him for following through. Fred Baldau felt the Council should have got a second opinion instead of just taking Mr. Markman's advice. He asked that the levee matter be looked into. City Council Minutes December 1, 1999 Page 3 C8. George Georgiou asked why the Council does not now answer his question why they will not hear his appeal. He asked that the Council hear his appeal according to the law that was in effect when he first filed his appeal. C9. John Lyons stated he came in with a major public safety issue to the City and that everyone very quickly responded to him. He stated he is with an organization called SOC (save our children). He stated they are concerned about the kids having to use the freeway to get to school. He mentioned that on January 11, 2000 at 6:00 p.m., at City Hall, there will be a Route 30 Task Force meeting and asked for everyone to be there. He appreciated the City's help with his issue. C10. Bill Hawkins felt the City Manager, City Attorney and staff have led the Council astray. He asked that Mr. Markman be removed as the City Attorney when his contract is up. Cll. Tom Bradford, 5066 Granada, thanked Councilmember Dutton for writing the letter as he promised at the last meeting. He thanked the Council for the letter that was read into the record. He asked that the replacement channel be agendized for the Council to discuss. C12. Maureen Sampson, 4965 Calico, stated she appreciated Councilmember Dutton writing the letter as he promised at the last meeting. C13. Malissa McKeith, 4993 Ginger Court, also had a copy of the letter sent by Senator Boxer and Feinstein to the Army Corp, which she referred to. She also had other pieces of information that was given to Councilmember Willlares to be distributed to all of the Council, which is also on file in the City Clerk's office. She asked that the BIA join them in their eftotis and ask Mr. Chdstiano to build his homes somewhere else. C14. Tom McGruder, Compass Rose, stated his concern was the rain that might occur in the future and the damage it might cause to the City. C 15. A man (did not give his name) stated he hoped that every inch of the City is built on except for the Lauren property. C16. Erin Neff advised the Council that a stop sign is needed at the corner of Sapphire and Orchard because she felt it was unsafe. She asked if this could be looked in to. Mayor Alexander stated the Traffic Engineering Division would check this out. A recess was taken at 8:10 p.m. The meeting was called back to order at 8:25 p.m. with Councilmembers Dutton, Williams and Alexander present. D. CONSENTCALENDAR D1. Approval of Minutes: October 6, 1999 October 20, 1999 D2. Approval of Warrants, Register Nos. 11 ~9/99 and 11/17~99 and Payroll ending 11/7/99 for the total amount of $1,556,247.79. D3. Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for Rockys Pizza (transfer of license; new owner), Hak Yol Lee, 9615 Foothill Bivd. City Council Minutes December 1, 1999 Page 4 D4. Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for Chicos Tecae Grill (transfer of license; new owner), Lorraine Evelyn Obeid, 11815 Foothill Blvd., Unit "E." D5. Approval of Alcoholic Beverage Application for Off-Sale Beer and Wine for Chevron 9-4863 (transfer of license), Chevron Stations, Inc., 8687 Base Line Rd. D6. Approval to declare Surplus Miscellaneous City-Owned Equipment. ITEM REMOVED FOR DISCUSSION BYCOUNCILMEMBER WILLIAMS. D7. Approval to appropriate $297,000.00 ($270,000.00 plus 10%) end approve Contract Change Order No. 5 for Contract No. 99-078 for Installation of Fibre-Optics Conduit and Electrical Outlet System in the Foothill Blvd. Median currently under construction by Terra-Cal Construction, Inc., from Vineyard Avenue to approximately 600 feet west of Hermosa Avenue, to be funded from Account No. 74-4225- 7044 (Re: Also funded by RDA Account No. 15-51000). D8. Approval of a Resolution of the City of Rancho Cucamonga certifying that Rancho Cucamonga has the resources to fund the matching funds for the Bike Lane Upgrade Project for Haven Avenue and Milliken Avenue as submitted for the congestion mitigation/air quality program and affirming its commitment to implement the project in accordance with the schedule as submitted. RESOLUTION NO. 99-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THAT RANCHO CUCAMONGA HAS THE RESOURCES TO FUND THE MATCHING FUNDS FOR THE BIKE LANE UPGRADE PROJECT FOR HAVEN AVENUE AND MILLIKEN AVENUE AS SUBMITTED FOR THE CONGESTION MITIGATION/AIR QUALITY PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT THE PROJECT IN ACCORDANCE WITH THE SCHEDULE AS SUBMITTED D9. Approval of Map and Monumentation Cash Deposit for Parcel Map 15346, located on the west side of Anaheim Place and Azusa Court, north of 6th Street, submitted by General Dynamics Properties, Inc., a Delaware Corporation. RESOLUTION NO. 99-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15346 AND MONUMENTATION CASH DEPOSIT D10. Approval of a Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 99-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES Dll. Approval of a Resolution in support of Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection State Bond Act of 2000, that will be on the Mamh 2000 ballot. City Council Minutes December 1, 1999 Page 5 RESOLUTION NO. 99-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 D12. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, certifying that the City of Rancho Cucamonga has the resources to fund the projects submitted for inclusion in the FY 2000/2001-2005/2006 Transportation Improvement Program and affirming its commitment to implement all of the projects submitted in the program. RESOLUTION NO. 99-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THAT THE CITY OF RANCHO CUCAMONGA HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2000/2001- 2005/2006 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITFED IN THE PROGRAM D13. Approval of a Professional Services Agreement with Fieldman, Rolapp & Associates (CO 99-105) to perform financial advisor services in conjunction with a proposed Community Facilities District (South Etiwanda) in an amount not to exceed $20,000 for formation services and not to exceed $31,500 for debt issuance services; to be funded by the project developer. D14. Approval of a Professional Services Agreement with Bruce W. Hull & Associates (CO 99-106) to perform appraisal services in conjunction with a proposed Community Facilities District (South Etiwanda) in an amount not to exceed $25,000, to be funded by project developer. D15. Approval to accept bids received and award and authorize the execution of the Contract (CO 99- 107) to the lowest responsible bidder, D & J Foothill Electrical Contractors, Inc., of LaVerne, California, in the amount of $79,970.00 ($72,700.00 plus 10% contingency) for the installation of Park Walkway Lighting in Church Street Park, to be funded from Fund 20 (20-4532-9908). D16. Approval to accept the bids received, waive an inconsequential irregularity in bidder No. 2's bid and award and authorize the execution of the Contract (CO 99-108) in the amount of $191,304.74 ($173,913.40 plus 10% contingency) to the apparent low bidder, Gentry Brothers, Inc., for the construction of the Rancheria Drive Street Improvements, to be funded from Community Development Block Grant Funds, Account No. 28-4333-9923. D17. Approval of Improvement and Maintenance Agreement for a diversion facility to be constructed within Lots 95 to 100 of Tract 13812 and release of the previously approved Improvement and Maintenance Agreement for a detention basin, generally located on the south side of Summit Avenue west of Etiwanda, submitted by Wealth V, LLC - APN's: 225411-01 to 21; 225-421-01 to 38; 225-431-01 to 83; 225-441-01 to 11. RESOLUTION NO. 99-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AND MAINTENANCE AGREEMENT FOR A FACILITY TO BE CONSTRUCTED ON LOTS 95 THROUGH 100 OF TRACT 13812 AND City Council Minutes December 1, 1999 Page 6 RELEASING THE IMPROVEMENT AGREEMENT FOR A DETENTION BASIN SUBMITTED BY WEALTH V, LLC - APN: 225-431-44 THROUGH 49 D18. Approval to accept Improvements, release the Faithful Performance Bond, file a Notice of Completion for Improvements for DR 96-34, submitted by BCI Coca-Cola Bottling Company of Los Angeles, located on the northwest corner of Sixth Street and Utica Avenue. RESOLUTION NO. 99-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 96-34 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for Parcel Map 13845, submitted by Masi Commerce Center Partners. RESOLUTION NO. 99-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 13845 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to authorize the acceptance of Replacement of Drinking Fountains Project for various City Parks, Contract No. 99-063 as complete, and release the bonds and approve the final Contract amount of $70,248. RESOLUTION NO. 99-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ADA DRINKING FOUNTAINS AT VARIOUS CITY PARKS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Dutton, seconded by Willlares to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of item 6. Motion carried unanimously, 3- 0-2 (Biane and Curatalo absent). DISCUSSION OF ITEM D6. Approval to declare Surplus Miscellaneous City*Owned Equipment. Councilmember Williams clarified what was in the staff report. She wanted to make sure that the equipment is offered to schools or sold to someone else before it is made into scrap. Jack Lain, City Manager, confirmed this was true. MOTION: Moved by Willjams, seconded by Alexander to approve item D6. Motion carried unanimously, 3-0-2 (Biane and Curatalo absent). City Council Minutes December 1, 1999 Page 7 E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROVIDING FOR THE ESTABLISHMENT OF LEASH- OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO Debra J. Adams, City Clerk, read the title of Ordinance No. 618. ORDINANCE NO. 618 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA_AMENDING CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING THE ESTABLISHMENT OF LEASH-OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO MOTION: Moved by Willlares, seconded by Dutton to waive full reading and approve Ordinance No. 618. Motion carried unanimously, 3-0-2 (Biane and Curatalo absent). F. ADVERTISED PUBLIC HEARINGS No Items Submitted. G. PUBLICHEARINGS G1. CONSIDERATION OF AN APPEAL OF MINOR DEVELOPMENT REVIEW 99-22 - 99 CENTS ONLY STORES - An appeal of the Planning Commission's decision to uphold the City Planner's conditions of approval for a 99 Cents Store, a retail store within the neighborhood commercial district, located at 9640 Base Line Road - APN: 202-161-40. RESOLUTION NO. 99-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE CITY PLANNER'S DECISION IN APPROVING MINOR DEVELOPMENT REVIEW 99-22 WITH CONDITIONS FOR A 99 CENTS ONLY STORE, LOCATED AT 9640 BASE LINE ROAD IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-161-40 G1. Staff report by Donald Granger, Planning Technician, who stated the applicant is withdrawing one of their items of appeal which is the store front glass matter. Councilmember Willjams stated other businesses have not been held to the two color signs and asked why they can't have three colors. Brad Buller, City Planner, stated there are a lot of illegal signs throughout the center and they have asked for the landlord of the center to comply with the City's current sign regulations. City Council Minutes December 1, 1999 Page 8 Councilmember Williams felt there was more problems in this center than just one single sign. She stated she did not want to change the whole sign ordinance. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Wes Fifield of the 99 cent store stated they respect their opinion and that they want to help the center out also. Mayor Alexander suggested this be continued for two weeks to further look into this matter. Mr. Fifield stated they are willing to work with the Council and help the center to conform to the sign regulations. Brad Buller, City Planner, stated he did not think two weeks was long enough to get something resolved. He suggested they be able to open the store now and that the appeal for the three-colored sign be denied, but that they work with staff and the landlord to try to get the center in compliance with the sign ordinance, but that any future appeal fees would be waived. MOTION: Moved by Williams, seconded by Dutton to approve Resolution No. 99-263 with the provisions as stated by Brad Buller, City Planner, above. Motion carried unanimously, 3-0-2 (Biane and Curatalo absent). H. CITY MANAGER'S STAFF REPORTS H1. DEMONSTRATION OF THE INTERNET (Oral) Jack Lam, City Manager, stated this item would not be heard this evening, but would return at a future meeting. H2. HISTORY OF DEVELOPMENT ACTIVITIES WITHIN THE SPHERE OF INFLUENCE Staff report by Rick Gomez, Community Development Director. Councilmember Dutton felt the report was very complete. He asked how many of the 8,000 acres have been annexed into the City. Rick Gomez, Community Development Director, stated almost 800 acres. Councilmember Dutton asked if there were currently projects through the County that were under construction, and how many acres that included. Rick Gomez, Community Development Director, stated yes there were and that it included between 250 and 400 units or approximately 150 acres. Councilmember Dutton asked when a property is annexed, what is the process that the City is having to go through if it has already received a tentative approval from the County. He asked what kind of challenges this presents. Brad Buller, City Planner, stated once a project has some level of entitlement through the County, they bring that to the City as a negotiating point. He stated their goal is to retain as much of that approval entitlement as possible. City Council Minutes December 1, 1999 Page 9 He stated in the past that has meant that the City accepts possibly density and lot layouts. He stated what the City has resolved to accept would be the design that is the architectural vocabulary of what the buildings look like and the setting of those buildings on the land itself. Councilmember Dutton asked if it was mostly aesthetics and design concepts that the City has its challenges, or is it density. Brad Buller, City Planner, stated density has not been one where the applicant, once they get their entitlement through the County, has been willing to release. He stated there have been aesthetic issues, but there has also been some infrastructure issues and maintenance district issues to address in those negotiations. Councilmember Dutton asked why once a project has gone through the County process for approval, would the City care about annexing it into the City, or why would the City care about doing this. Brad Buller, City Planner, stated he felt the City has always been concerned that if a resident is near our City, but actually in the County area, their emergency services are different, recreational services are different, and probably the most critical issue is the traffic issue related to the number of homes that could be built up there and the movement of the traffic through City streets to get to and from this area. Rick Gomez, Community Development Director, stated a concern of the City is that they would be using the City facilities, streets, storm drains, etc., but would not be paying that and this would become a burden on the existing system. Councilmember Dutton asked if the County builds their roads to different specifications than the City does. Joe O'Neil, City Engineer, stated this is true and that the City has got them to build their roads to our specifications but not without a struggle. Councilmember Dutton asked what kind of challenges should the Fire Board be aware of with regards to development that takes place in the sphere of influence. Dennis Michael, Fire Chief, stated the sphere of influence is in the Fire District's boundaries. He stated as far as fire district planning they do include the sphere of influence as far as station locations and response to emergencies. He added they do have challenges when it comes to approving development in this area. He stated that affects street widths, street standards, and issues that involve traffic circulation that the City doesn't have any control over. Jack Lam, City Manager, stated every City Council since the City incorporated has felt the sphere of influence was important, and that the City should have a say-so in the planning of this area so that it would be developed with the same standards as Rancho Cucamonga is built. Councilmember Dutton asked why the area was not included in the City's boundaries when the City incorporated. Rick Gomez, Community Development Director, stated they tried to use the boundaries they felt would win the election to incorporate. Mayor Alexander stated Jon MikeIs was very much an advocate for the City's sphere as it was when he was on the City Council. He felt something in writing from Supervisor MikeIs would be a good idea. Councilmember Dutton asked if the city is doing anything to encourage annexation into the City. City Council Minutes December1,1999 Page10 Rick Gomez, Community Development Director, stated he has just sent a letter out identifying the positives for annexing this area into the City. Councilmember Dutton stated he is encouraged with Supervisor Mikeis' comments of support for Rancho Cucamonga. No Items Submitted. I. COUNCIL BUSINESS 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 MOTION: Moved by Williams, seconded by Dutton to adjourn to Executive Session to discuss property negotiations per Government Code Section 54956.8 for property generally located at the northwest corner of Fourth Street and Milliken Avenue; Linda D. Daniels, RDA Director, and Kevin McArdle, Community Services Director, negotiating parties, regarding terms of agreement. Motion carried unanimously, 3-0-2 (Biane and Curatalo absent). The meeting adjourned at 9:19 p.m. City Clerk Approved: January 5, 2000