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HomeMy WebLinkAbout2000/02/02 - Minutes February 2, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINTUES Reqular Meetinq A. CALL TO ORDER A regular meeting of the City Council was held on Wednesday, February 2, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:03 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, ,Bob button, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Rick Gomez, Community Development Director; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS 81. Presentation of a Proclamation to Joan Kruse, Purchasing Manager, congratulating her on her retirement. Mayor Alexander presented the Proclamation to Joan Kruse, Purchasing Manager. Joan Kruse thanked the Council for the support they have given to the City staff and for the opportunity she had been given. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons, Etiwanda, thanked the Council for working with SOC (Save Our Children). He talked about the Route 30 Freeway auxiliary lane that would make it easier for the high school kids to travel the freeway to get to school. He stated he felt this was government at its best. He also thanked the City staff for their hard work to accomplish this. C2. Brett Lance, 11969 Lone Peak Drive, addressed the Council about the construction for the Rochester overpass. He stated he thought the overpass was to be completed by February 1 and now wanted to know when it will be completed. He brought up that he and some of his neighbors had met with staff about the construction of a culdesac on his street. He stated staff told him it is very costly. He also mentioned that cars are racing through his street. City Council Minutes Februa~ 2,2000 Page 2 C3. Millie Morris, 5109 Lipizzan, stated she was present to deliver a letter to the Mayor and Lauren Development. She stated some of the residents from the Lauren Development had got together to talk about the tension throughout the Haven View community. She stated she has a right to have a neighborhood meeting and did not like people coming to the meeting only to try to break it up. C4. Steve Camron, Fieldstone Development, stated he is not involved with the Haven project, but has developed near Highland and Rochester. He commended the staff work for the work they did to help him, and appreciated the assistance he received even though the City does demand a lot from a developer. D. CONSENT CALENDAR D1. Approval of Minutes: December 15, 1999 January 5, 2000 D2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Local Street Pavement Rehabilitation - Slurry Seal of various streets, to be funded from Account No. 32-4637-9113. RESOLUTION NO. 00-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval to authorize the advedising of the "Notice Inviting Bids" for the Local Street Pavement Rehabilitation - Overlay of various streets, to be funded from Account No. 32-4637-9113. RESOLUTION NO. 00-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of Local Law Enforcement Block Grant for the Year 2000. D5. Approval of Amendment #1 to Amended and Restated Lease Agreement (CO92-064) between the City of Rancho Cucamonga and Valley Baseball Club, Inc., regarding security. D6. Approval of a Request to Summarily Vacate Excess Street Right-of-Way at the southwest corner of Arrow Route and Hermosa Avenue, 5-166 - APN: 209-041-52. City Council Minutes February 2, 2000 Page 3 RESOLUTION NO. 00-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF HERMOSA AVENUE AND ARROW ROUTE D7. Approval and Execution of Program Supplement Agreement No. 002-M to administer Agency- State Agreement for Federal-Aid Projects No. 08-5420 (CO 00-001), between the City of Rancho Cucamonga and the State of California for funding for the preliminary engineering to expand parking and loading platform at the City's Metrolink Station located at the southwest corner of Milliken Avenue and the AT&SF. RESOLUTION NO. 00-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT AGREEMENT NO. 002-M TO ADMINISTER AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5420, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR FUNDING FOR THE PRELIMINARY ENGINEERING TO EXPAND PARKING AND LOADING PLATFORM AT THE CITY'S METROLINK STATION LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND THE AT&SF. D8. Approval to release the Faithful Performance Bond for improvements for Tract 13303-1, submitted by Lewis Development Company, located on the southwest corner of Mountain View Drive and Tetra Vista Parkway. Release: Faithful Performance Bond #145051S $32,700.00 D9. Approval to release the Faithful Performance Bonds for improvements for Tract 13304, submitted by Lewis Development Company, located on the northeast corner of Mountain View Drive and Terra Vista Parkway. Release: Faithful Performance Bond #223992S $55,795.00 Faithful Performance Bond #223993S 42,130.00 Faithful Performance Bond #223991S 32,600.00 D10. Release of Maintenance Guarantee Bond No. 441394 in the amount of $17,985.00 and Maintenance Guarantee Bond No. 441396 in the amount of $23,427.75 for Tract 13565, located on the northeast corner of San Sevaine and Wardman Bullock. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports listed within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No items submitted. City Council Minutes February 2, 2000 Page 4 F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF FORMATION OF CITYVVIDE COMMUNITY FACILITIES DISTRICT FOR THE FINANCING OF A PORTION OF CENTRAL PARK (Continued from September 1, 1999) Staff report presented by Rick Gomez, Community Development Director. He brought to the Council's attention that Resolution Nos. 00-016 and 00-017 had been modified which had been distributed to the Council and the changes were identified in bold. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Douglas Pure commented on a statement made by Mayor Alexander that it would increase property values. Mayor Alexander commented that this was his opinion. Mr. Pure stated he wants the City to be fiscally prudent. He stated he hardly ever sees a policeman around his street any more. He commented he is concerned about the financing and funding of this project. He inquired about the $129 per parcel that would be added to everyone's tax bill if this is approved. Rick Gomez, Community Development Director, pointed out if there are three units on one parcel the cost would be $129 for that property owner. Mr. Pure commented he felt the fees should be charged proportionately. He stated he has a problem paying for a park that he doesn't feel he will get any benefit from. He asked how the tax would be set. Rick Gomez, Community Development Director, stated it is done through a Mello Roos. Mr. Pure added that he and some of his neighbors do not like the idea of a Mello Roos or an association fee. He felt low cost maintenance for plants would help to save money. He continued to inquire what would happen with the property if this is not approved by the voters. Councilmember Williams stated the property will remain as is and that it is designated to be a park to possibly be built some time in the future a small portion at a time. Mr. Pure questioned the dog park and the liability this would put on the City. Jim Markman, City Attorney, stated they have studied this and found no examples from other cities where this was a problem. Councilmember Williams told him to visit the Claremont Park because he would be surprised that there are no problems. Nancy Brinkley asked if there was any wild life creatures that would get hurt because of the park land being developed. Rick Gomez, Community Development Director, stated there is a finding there might be a species on the site. Ms. Brinkley stated she does not feel there are many people aware of Central Park and that their taxes will go up if it is approved. She felt more awareness needed to be made to the people about the park. She stated Councilmember Curatalo had made a comment "there will be a City Council Minutes February 2, 2000 Page 5 Central Park." She felt this was a done deal. She felt the City needed to concentrate on sidewalk repairs. Councilmember Willlares stated the Task Force has designated this to be a park, but that this may not be in our lifetime. Coumcilmember Biane inquired about the cost of the park. Rick Gomez, Community Development Director, stated for what they are proposing to build the cost is $24.3 million. Gary Kendrick stated he opposes another bond to build a park. He did not feel there should be another tax to the people. Mayor Alexander asked him if he supported other bond measures. Gary Kendrick stated yes and that they were for the children, but that he does not support this one and will not vote for it. He stated he would form a committee to oppose the bond. Susan Bowerly stated she would like to know about the Central Park Task Force as far as when they meet, etc. Staff and the Council gave her the information she needed about the meetings so that she could attend in the future. Ms. Bowerly stated she would like a park but not the kind that is being proposed. Councilmember Willlares stated there has been a need identified for the aquatics center which would help pay for the park, and added that other than that it is to be a passive park. John Lyons stated he supports Central Park and would encourage everyone to support it. Mary Ganeen stated she has lived in the City for 29 years. She stated she is not opposed to the park, but felt the City should build the park a little bit at a time and start simple and work its way up. Mayor Alexander stated this first started out with an $800 assessment and now it is down to $129. Ms. Ganeen felt there should be more facilities for the kids to do sports. She was concerned for senior citizens on a fixed income. She stated she has not received a survey about this and did not know of anyone who had. Rick Gomez, Community Development Director, stated it was a telephone survey. Councilmember Willlares stated there was a casual survey done through the Grapevine also. Mayor Alexander stated it is the residents that will have a vote on this, that the City Council cannot campaign for it. Ms. Ganeen felt $129 was a lot of money. She felt it should be voted on at the general municipal election as opposed to a special election because more people would come out to vote for it. Melissa McKeith, 4993 Ginger Court, asked what would happen if the bond issue fails. Mayor Alexander stated the property would remain designated as park land. City Council Minutes February 2, 2000 Page 6 Ms. McKeith asked if the property would have to go back to the people who sold it to the City should the park not be built by a certain timeframe. James Markman, City Attorney, stated he felt there was no time period to get the park built by, and consequently would not have to go back to the original sellers of the land. Ms. McKeith asked if the City would come back to the people with some other suggestion should the bond issue fail at $129. Mayor Alexander reported the Task Force has already tapered the amount down to $129. Ms. McKeith stated she supported the park measure. She asked if she is a part of other park assessment districts, i.e., Red Hill and Heritage Parks. Rick Gomez, Community Development Director, stated he did not think she is in PD-85. Ms. McKeith stated she supports the measure and asked the Council to scare down the assessment amount if the measure fails and to try this approach. She stated she hears people say they want a park, just not such an expensive park. Eric Vale, 7551 Rhode Island Court, stated he supports Mr. Kendrick's comments indicating he does not like to pay taxes either. He stated he got involved with the Task Force because the cost of the assessment was a concern to him and other members of the Task Force. He stated he and the Task Force wanted to see how the park could be paid for. He stated after researching this, the Task Force decided to go along with a Community Facilities District to pay for the park. He continued to talk about the history of the work of the Task Force and how they came up with their decision and recommendation that is before the Council tonight. He felt it was a wholesome, family value for $129 per year. He felt this was the best alternative for the City. Donna Abraham quoted the number of parcels to be charged the $129 per year assessment and how much money this would bring in to maintain the park. She stated she was not asked what she wanted to be included in the park. She pointed out she has kids in sports and that this does not accommodate that. She stated she would be paying more money to use the other aspects of the park. She did not agree with this. She stated it is too much money to assess everyone. Mayor Alexander suggested she attend the Task Force meetings to hear more details about the park plan. Ms. Abraham stated she would go to the meetings. She also inquired about the utility tax. Jack Lam, City Manager, stated it is charged to pay for police and fire services because of money that was taken away from the City. Ms. Abraham stated she did not vote for the establishment of the utility tax. Jerry Guarracino, 6081 Hellman, stated he is on the Task Force and that this public hearing is to get everyone's questions answered. He felt if people would go to the Task Force meetings they would get their answers. He stated even though there are those stay-at-home parents that say this will be expensive to pay for, they will get to enjoy its benefits. He felt the City should continue to invest in those residents and their children. Primo Morales, 8210 Malvern, stated he is a member of the Task Force and the Sports Advisory Committee. He stated he previously always asked where are the sports fields. He stated he is in favor of this passive park and feels it is something different. He stated he did not agree with Mr. Kendrick that this was not for the kids because he feels it is. City Council Minutes February 2, 2000 Page ? Patricia Carlson of Rancho Cucamonga for 13 years, stated her kids are in favor of this. She stated people she talks to are in favor of the park. She wondered if people do not vote for this to happen, when will be a good time for it. She felt everyone needs would be met at the park. She felt Central Park would attract more business to come to the City. She felt everyone should be mature and realize that things do not stay the same and that this is progress for the City. Esther Jimenez Alexander stated she has gone to many parks throughout the Country even though she does not live in a particular City where the park is located. She felt many visitors would also come to Central Park from outside the City. She felt people would get a lot of use from the park and stated she looks forward to going to Central Park. There being no further response, the public hearing was closed. Councilmember Biane inquired about the payment structure for PD-85 which was explained to him by Rick Gomez, Community Development Director. Councilmember Curatalo stated he does not want to see a string of apartments on that property and will do whatever he can to get the park built. Councilmember Dutton stated in the Midwest there is a lot of open space and a park called Pioneer Park for the community. He felt the park property should be reserved and used as park property. He felt there were a lot of people who want to see something done on this property now. He stated he would like to see a pay-as-you-go plan and to build something affordable. He indicated he would fight to keep this property as park property. He thanked the Task Force for their work on this project. He apologized to those people that did not know about the Task Force meetings. He felt the City should go forward with this. Councilmember Willlares stated she has been for this project since 1980 and that this is a passion of hers. She stated it is preserved to be a park no matter what happens with the approval of this measure. She stated she agreed with Councilmember Curatalo that somehow this will be a park some day. She felt the citizens have the right to vote for this and have a say in what happens. She felt they should move forward and put this on the ballot. Mayor Alexander stated if this goes forward later rather than now, it will cost more. He hoped this goes forward now. He commented on the cost and did not think it was that much compared to what you pay for other types of entertainment. He felt it was cheap entertainment. Councilmember Biane stated he supports the park and the Task Force's recommendation. He felt the bond measure would give the people the chance if they want to pay for this through voting for the assessment. He commented on the opportunities that would be available at the park and stated it can provide for the family. He felt this park is something different. He felt now is the time for Central Park. MOTION: Moved by Williams, seconded by Curatalo to approve the Central Park Project Initial Study, California Gnatchatcher Survey and the Presence/Absence Trapping Study for San Bernardino Kangaroo Rat. Motion carried unanimously 5-0. James Markman, City Attorney, stated if there was a 50% protest present tonight, they would have to stop this process, but since there isn't, the Council could move forward. City Council Minutes February 2, 2000 Page 8 RESOLUTION NO. 00-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK), ESTABLISHING AN APPROPRIATIONS LIMIT, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT, AND CALLING A SPECIAL ELECTION MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 00-016 as amended. Motion carried unanimously 5-0. RESOLUTION NO. 00-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, ORDERING SUBMITTED TO THE QUALIFIED ELECTORS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK) A PROPOSITION RELATING TO THE DISTRICT, GIVING NOTICE OF A SPECIAL ELECTION AND ESTABLISHING PROCEDURES FOR CONDUCTING THE ELECTION MOTION: Moved by Dutton, seconded by Williams to approve Resolution No. 00-017 as amended. Motion carried unanimously 5-0. RESOLUTION NO. 00-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL NEGATIVE DECLARATION, ADOPTING A MITIGATION MONITORING PROGRAM, AND ORDERING THE FILING OF A NOTICE OF DETERMINATION IN CONNECTION WITH THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (CENTRAL PARK), OTHER RELATED ACTIONS AND THE CONSTRUCTION AND OPERATION OF CENTRAL PARK MOTION: moved by Biane, seconded by Curatalo to approve Resolution No. 00-018. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No items submitted. H. CITY MANAGER'S STAFF REPORTS No items submitted. No items submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City Council Minutes Februa~ 2,2000 Page 9 K. COMMUNICATIONS FROM THE PUBLIC K1. George Georgiou, asked if his appeal filed on April 19, 1999 would be heard or not. He stated he had received a letter from the City Clerk stating his appeal would be held, but without identifying which appeal. Mayor Alexander advised him his appeal would be heard and that Mr. Georgiou had been notified of the date and time of the hearing. He stated it would be heard under the guidelines adopted by the City. Mr. Georgiou asked which appeal. Mayor Alexander asked Mr. Markman which appeal is Mr. Georgiou talking about. James Markman, City Attorney, stated he understands that Mr. Georgiou has issue as to whether his block wall was built correctly or not and if the Building Official made a correct decision if it was built in accordance with the then applicable law. He advised Mr. Georgiou that the City was going to give him what he requested. He stated he did not care what date, what letter Mr. Georgiou was referring to, the Council would hear his appeal. Mr. Georgiou stated he hoped the Council would take corrective action because he felt they violated the Ralph M. Brown Act in setting his matter to be heard before the Council. Mayor Alexander stated his appeal would be heard. James Markman, City Attorney, stated the Brown Act was not violated at the last meeting and that this meeting will be noticed per the law. K2. Jedd Keck, 5657 Sapphire, stated there is one stretch of Sapphire that goes without a stop sign. He asked if a bike and walking route could go along this section. Mayor Alexander stated this can come back at the next meting after a report is written addressing his concerns. City Council Minutes February 2, 2000 Page lO L. ADJOURNMENT MOTIN: Moved by Williams, seconded to Biane to adjourn to executive session to discuss pending litigation regarding the City of Rancho Cucamonga versus County of San Bernardino, et al (University Project), per Government Code Section 54956.9. Executive Session will be adjourning to Monday, February 7, 2000, at 8:00 a.m. for a team building exercise follow-up meeting to be held in the Training Conference Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 5-0. The meeting adjourned at 9:25 p.m. Respectfully submitted, ~ebra J. ams, C Ad MC City Clerk Approved: March 15, 2000