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HomeMy WebLinkAbout1999/10/06 - Minutes October 6, 1999 CITY OF RANCH CUCAMONGA CITY COUNCIL MINUTES Reaular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 6, 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 7:10 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; James Markman, City Attorney; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Shelly Munson, Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Karen Matcham, Recreation Supervisor; Cindy Davis, Recreation Coordinator; 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. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation proclaiming October 19, 1999, as National Catholic Daughters of the Americas Day. Mayor Alexander presented the Proclamation to Louise Wilkerson and Josephine Flinn. B2. Presentation of Appreciation Awards to the Sponsors and Steering Committee Members for the 1999 Summer Performing Ads Academy. Dave Moore, Recreation Superintendent, and Cindy Davis, Recreation Coordinator, presented the awards to those involved with this program. (3. COMMUNICATIONS FROM THE PUBLIC C1. George Georgiou stated he wanted to address the Council about placing his appeal on the City Council agenda as opposed to having his concern addressed by the Building Board of Appeals. He also as~<ed for the Council to tell him which rules will apply. City Council Minutes October 6, 1999 Page 2 James Markman, City Attorney, stated he plans on writing a letter to Mr. Georgiou tomorrow. He stated the simple answer is Section 105 of the Building Code; before it was amended it provided that issues related to decisions on the application of the Building Code, which the building official makes, are appealable to a Board of Appeals, consisting of technically proficient people. The section does not talk about or provide for an appeal to the City Council from those technical decisions. He stated there is recourse through the courts if Mr. Georgiou doesn't agree with the decision of the Appeals Board pursuant to the Building Code. He stated for the fifteen years he has been with Rancho Cucamonga there has not been a building appeal filed and therefore a Building Board of Appeals did not exist. He stated some months ago the Council directed that this occur and concurred on how those members would be chosen. He stated that Board is now ready and able to hear Mr. Georgiou's appeal, which Mr. Georgiou has been informed of. He stated Mr. Georgiou can speak under "Communications from the Public" at every City Council meeting, but his view is that there is now in place an Appeals Board to hear his case, and that is where his appeal can be heard. He reiterated if Mr. Georgiou doesn't like the Appeals Board's decision he can take it to the couds. He also added that Citation Homes, in order to end this matter, has agreed to rebuild the wall as to which Mr. Georgiou has complained. He stated he doesn't exactly understand what Mr. Georgiou wants in terms of relief. Mr. Georgiou felt the code should be followed. He did not see why the Council could not hear his appeal rather than the Building Board of Appeals. Mayor Alexander stated he did not know why he was asking lay people to hear his appeal rather than people in the building profession. Mr. Georgiou stated he would like a letter from the City Council, not the City Attorney. Mayor Alexander stated the City Attorney represents the City Council's opinions. D. CONSENT CALENDAR D1. Approval of Minutes: August 23, 1999 (Special Meeting) September 1, 1999 September 15, 1999 D2. Approval of Warrants, Register Nos. 9/8/99, 9/15~99 and 9/22/99, and Payroll ending 9/16/99, for the total amount of $2,935,299.11. D3. Approval of Alcoholic Beverage Application for Off-Sale General for Albertsons, Albertsons, Inc. (transfer of license), 11428 Kenyon Way. D4. Approval of Alcoholic Beverage Application for Off-Sale General for Albertsons, Albertsons, Inc. (transfer of license), 6351 Haven Avenue. D5. Approval of Alcoholic Beverage Application for On-Sale General for Mai Thai Cuisine, Sukul Kassara, (transfer of license), 7890 Haven Ave., Unit 15 and 16. D6. Approval of the plans and specifications for the Rancheria Drive Street Improvement, and authorize the advertising of the "Notice Inviting Bids," to be funded from Community Development Block Grant funds, Account No. 28-4333-9923. City Council Minutes October 6, 1999 Page 3 RESOLUTION NO. 99-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "RANCHERIA DRIVE STREET IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval of Mills Act Agreement - 99-02 (CO 99-085) - Katherine Davis - A request to implement the use of the Mills Act to reduce properly tax on the Huber Ranch/Kalbach House, an historic landmark, located at 5991 Hellman Avenue - APN: 1062-232-21. Related file: Historic Landmark Designation 99-03. D8. Approval of Historic Landmark Designation - 99-03 - Katherine Davis - An application to designate the Huber/Kalbach House as a Local Landmark, located at 5991 Hellman Avenue - APN: 1062- 232-21. Related file: Mills Act Agreement 99-02. RESOLUTION NO. 99-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK 99- 03 TO DESIGNATE THE HUBER RANCH/KALBACH HOUSE AN HISTORIC LANDMARK, LOCATED AT 5991 HELLMAN AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1062-232-21 D9. Approval of authorization to purchase computer hardware and software for the Citywide Downstream Program Upgrade and Replacement from Jadtec, Unitek Tech, VLSsystems, and PC System Design as the lowest responsible bidders in the amount of $267,800 from Account No. 74-4225- 7047 as approved in FY 99/2000 budget. D10. Approval to reappropriate $13,840 in funds awarded by the United States Department of Justice Local Law Enforcement Block Grant Program. D11. Approval to sell eight surplus patrol bicycles to Ontario Mills Security. D12. Approval of DARE Memorandum of Understanding for Fiscal Year 1999~2000 (CO 99-086). D13. Approval to appropriate $23,000 from Fund 74 (Computer Equipment Replacement and Usage) and to award and execute a Professional Services Agreement with General Electric Supply (CO 99-087) for an amount not to exceed $23,000, to provide Y2K complaint Touch Pad Lighting Controls for parks sports lights to be funded through NC 74-4225-3950 ($4,600), and 74-4225-7047 ($18,400). D14. Approval to release Real Property Improvement Contract and Lien Agreement for 5291 Sapphire Street, located at the northeast corner of Sapphire Street and Vicara Drive, submitted by James A. Brown and Joyce Brown. RESOLUTION NO. 99-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JAMES A. BROWN AND JOYCE BROWN City Council Minutes October 6, 1999 Page 4 D15. Approval of Map, Improvement Agreement, Improvement Security, Agreement with Flood Control District, Estoppel Agreement (CO 99-088) and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13951, located on the east side of Beryl Street north of Manzanita Drive and west of Hellman Avenue, submitted by CCRC 30, LLC. RESOLUTION NO. 99-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 13951, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 99-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENTS WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND THE DEVELOPER REGARDING THE TRANSFER OF EASEMENTS FROM THE DISTRICT TO THE CITY WITHIN TRACT 13951 RESOLUTION NO. 99-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13951 D16. Approval of Map, Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract 14381, located on the nodh side of Wilson Avenue west of Etiwanda Avenue, submitted by Mastercraft Homes and General Electric Capital Corporation. RESOLUTION NO. 99-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14381, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 99-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14381 D17. Approval to award and authorization for execution of Contract for the Haven Avenue Pavement Rehabilitation, located from Lemon Avenue to Wilson Avenue, to All American Asphalt (CO 99-089), in the amount of $323,906.00 ($294,459.77, plus 10% contingency) to be funded from Measure I funds, Account No. 32-4637-9808. City Council Minutes October 6, 1999 Page 5 D18. Approval to appropriate $70,000 from Fund 21 - Beautification (NC) 21-4647-9813 and award and authorization for execution of Contract for Construction of Landscaping and Irrigation for the Metrolink Corridor Beautification Project, between Archibald and Haven Avenues, to Nature Tech Landscaping, Inc. (CO 99-090) in the amount of $250,423.00 ($227,657.00 plus 10% contingency) to be funded from Community Development Beautification Fund, Account No. 21-4647-9813 and Prop. 111 Fund, Account No. 10-4637-9813. D19. Approval and execution of License Agreement between the City of Rancho Cucamonga and San Bernardino Associated Governments (CO 99-091) for the installation, operation and maintenance of improvements for the Metrolink Corridor Beautification Project between Archibald and Haven Avenues. D20. Approval to award and authorize the execution of the Professional Services Agreement (CO 99- 092) for the Construction Survey of the Foothill Boulevard (SR 66) Medians, Phase I, to the apparent low bidder, SB&O, in the amount of $16,115.00 ($14,650.00 plus 10% contingency) to be funded from Measure "l" Funds, Account No. 32-4637-9824. MOTION: Moved by Biane, seconded by Dutton to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. DEVELOPMENT CODE AMENDMENT 99-03 - CITY OF RANCHO CUCAMONGA - A request to require wireless communication providers to install facilities that would not interfere with the City's 800 MHZ public safety radio communications system. E1 and E2. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 609 and 610. ORDINANCE NO. 609 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 99-03, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A SECTION TO CHAPTER 17.26, ESTABLISHING PERFORMANCE STANDARDS APPLICABLE TO WIRELESS COMMUNICATIONS FACILITIES ITEM REMOVED FOR DISCUSION BY RESIDENT MIKE MITCHELL, 5271 Turquoise. E2. CONSIDERATION OF AN ORDINANCE REGARDING THE CITY SEAL AND LOGO ORDINANCE NO. 610 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING CITY SEAL AND LOGO AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Biane to waive full reading and approve Ordinance No. 610. Motion carried unanimously, 5-0. City Council Minutes October 6, 1999 Page 6 DISCUSSION OF ITEM El. DEVELOPMENT CODE AMENDMENT 99-03 - CITY OF RANCHO CUCAMONGA - A request to require wireless communication providers to install facilities that would not interfere with the City's 800 MHZ public safety radio communications system. Mike Mitchell distributed information to the Council, which is on file in the City Clerk's office, and made a presentation to the Council why he felt the Ordinance should not be approved. He felt it was unenforceable. James Markman, City Attorney, stated this was not something the City wrote, that it came from WECA. He stated if the Council wants him to go back to WECA for more information why this should be approved, he would be happy to do this. Jack Lam, City Manager, stated legal counsel for WECA has recommended this be approved. He stated currently FCC is working on a case in Ontario where there is interference with emergency services. He stated if the Council wants more information, staff will be happy to provide it. Councilmember Dutton stated he felt this Ordinance might be "overkill," but did not feel it would hurt anything by going ahead and approving it. Councilmember Williams agreed. Mayor Alexander stated he has no problem puffing this off until more information is provided. Councilmember Dutton stated he didn't mind delaying this either. James Markman, City Attorney, stated he would work with WECA's legal counsel and get the additional information the Council wants. MOTION: Moved by Alexander, seconded by Biane to continue the item to the October 20, 1999 meeting. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS No Items Submitted. G. PUBLIC HEARINGS No Items Submitted. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. UPDATE ON ACTIVITIES AND PARTICIPATION AT THE SPRUCE AVENUE PARK SKATE FACILITY City Council Minutes October 6, 1999 Page ? Staff report presented by Kevin McArdle, Community Services Director. Councilmember Curatalo asked if the City would be liable if a supervisor was positioned at the site. Kevin McArdle, Community Services Director, stated there is something that states that if there is a supervisor, the City is liable at all times. Kevin McArdle, Community Services Director, stated it would depend on the incident, but added there is a law that states if it is an unsupervised facility and built according to all regulations, the City would not be liable for an accident. Councilmember Biane asked what we have learned from what other cities have done with their skate parks. Kevin McArdle, Community Services Director, stated some of the cities have tried to get familiar with the kids, and other cities have given citations in order to eliminate problems. He stated some are even charging admission into their skate parks. Councilmember Biane asked if there was a safe capacity allowed in a skate park. Kevin McArdle, Community Services Director, stated he did not know the number and would have to check with the insurance company on this. Councilmember Dutton stated he felt the skate park has been a benefit to the City and should remain and also felt there needed to be another one built in the City. He felt the problems could be dealt with. Mayor Alexander stated he agreed. Rodney Hoops, Police Chief, stated their office has been responding to calls at the skate park and have been issuing citations to those that are causing problems. He felt there was a way to deal with the problem kids. Councilmember Willlares asked about the bicycle patrol and asked if they are building a rapport with the kids. Rodney Hoops, Police Chief, stated they are doing this with about 98% of the kids, but with about 2% of the kids a rapport will never be built. He felt more time needs to be given to monitor this. Councilmember Curatalo pointed out the Police Department, through the Bicycle Patrol, Citizens Patrol, etc., is giving this continuous attention to monitor the activity at the skate park. Councilmember Dutton asked if the problems are caused by the skaters or the nonskaters. Rodney Hoops, Police Chief, stated they are basically coming from the nonskaters. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Bernard McClay, LaMont Street, felt the skate park shows love and concern for the kids in the community. He felt these types of facilities should be expanded for the teenagers. He stated he was disappointed that the Daily Bulletin did such a negative story on this matter. He stated he would like to be part of a Citizens Patrol unit to help monitor these types of facilities. Councilmember Williams asked about the park rangers, as another City used them in their skate park. City Council Minutes October 6, 1999 Page 8 Drake Orpeza stated he skates a lot at the skate park. He stated it is not the skaters causing the problems. He stated it is a certain section of the park where there are problems. He felt this was a great thing. Addanne Harris of Rancho Cucamonga High School stated the skate park shows the kids that the City Council cares. She felt for the most part there is good and not bad things at the skate park. She stated she agreed with Councilmember Williams about the possibility of park rangers. She stated the teens do appreciate what the Council has done. Mayor Alexander stated for the most part that it seems people are reasonably happy with this facility. The Council concurred to go ahead and monitor the skate park and hopefully the park will continue to get better than it already is. Councilmember Willlares stated this is a real affirmation that this is a good thing. She asked everyone to hang in there with this. Councilmember Biane stated he agreed. He felt the Park and Recreation Commission should start looking for another location for the next skate park. 12. CONSIDERATION OF THE CITY COUNCIL PARK AND RECREATION SUBCOMMMITTEE'S RECOMMENDATION FOR CURRENT VACANCY ON THE COMMISSION (oral report) Staff report presented by Diane O'Neal, Assistant to the City Manager, who added the Park and Recreation Subcommittee, consisting of Councilmembers Willlares and Dutton, has made their selection. Councilmember Williams stated they did conduct interviews from the large number of applicants who applied. She stated the term for this position would go to 2002. She stated they have selected Luis Munoz, Jr., to fill the position. Councilmember Dutton stated he agreed. MOTION: Moved by Alexander, seconded by Biane to appoint Luis Munoz, Jr. Motion carried unanimously, 5-0. 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 Councilmember Biane stated he would like to add an executive session item to discuss potential litigation to decide whether to bring a lawsuit against the County of San Bernardino in regards to the University Crest project. City Council Minutes October 6, 1999 Page 9 James Markman, City Attorney, stated he would like to add an executive session item to discuss pending litigation, the Heights at Haven View - Lauren Development. MOTION: Moved by Williams, seconded by Biane to add the above stated items as executive session under adjournment. Motion carried unanimously, 5-0. Councilmember Dutton stated he would be abstaining from the discussion on the Lauren project. MOTION: Moved by Dutton, seconded by Williams to adjourn to executive session as stated above. Motion carried unanimously, 5-0. The meeting adjourned at 8:22 p.m. The Council by unanimous vote, directed the City Attorney to analyze any legal defects pertaining to the University Crest project; and if found, file a lawsuit. Assistant Secretary Approved: December 1, 1999