HomeMy WebLinkAbout1997/11/05 - Minutes November 5, 1997
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 5, 1997, in
the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga,
California. The meeting was called to order at 7:18 p.m. by Mayor William J. Alexander.
Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, and Mayor William J. Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City
Manager; Linda Daniels, RDA Manager; Kathy Wahlstrom, RDA Analyst; Brad Buller, City Planner; Shintu
Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director;
Jim Frost, City Treasurer; Dave Moore, Recreation Superintendent; Deborah Clark, Library Manager; Duane
Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho
Cucamonga Fire Protection District; Lt. David Lau, Rancho Cucamonga Police Department; and Debra J.
Adams, City Clerk.
Absent was: Councilmember Diane Williams.
B. ANNOUNCEMENTSPRESENTATIONS
B1. Presentation of a donation to the YMCA by the Rancho Cucamonga Police and Fire Golf Tournament
Committee.
Danielle Stout, Rita Grant, Jim Curatalo, Jr., and Sam Spagnolo presented Diana Lee-Mitchell, YMCA, a
check in the amount of $4,589.19 on behalf of the Fire and Police Departments.
B2. Presentation of a Proclamation to AI Hudgens of CALTRANS for his assistance with the Route 30
project.
No presentation made.
B3. Presentation by Heritage Hospital.
No presentation made.
B4. Presentation of Proclamation regarding Etiwanda Society, George Chaffey, and the establishment
of the California Gold Discovery to Statehood Sesquicentennial Commission.
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November 5, 1997
Page 2
Proclamation presented to Carolyn Hulke of the Etiwanda Historical Society. Megan Banks read information
about the Charley Garcia House.
B5. Presentation of a Proclamation celebrating the 50th Anniversary of the Cucamonga Distdct Host Lions
Club.
Proclamation presented to Jim Hampton and members of the Lions Club.
Jim Hampton stated they will be having a dinner at the Magic Lamp on the 16th and invited the
Council to attend.
Councilmember Gutierrez stated he is very grateful for the Lions Club because of how they have helped him
in the past.
B6. Presentation by Marcus Solomon.
Marcus Solomon stated he had just returned from Thailand where he had gone to teach English to
students. He stated he had also gone to Russia to the Goodwill Games. He presented the Council
with the City flag they had given him which had been signed by all of his students.
B7. Jack Lam, City Manager, stated item 8 has a correction because four of the positions were left off the
Resolution due to a computer error. He stated item F2 should be removed from the agenda and be continued
to December 17.
C. COMMUNICATIONS FROM THE PUBLIC
C1.
Bruce Ann Hahn, 5087 Granada Court, displayed a map from Resolution 88-344 regarding the
emergency access in Haven View Estates. She mentioned that it stated the residents wanted the
levy breached and that this was not true. She stated that Mr. Cristiano was the one that wanted the
levy breached. She also mentioned Resolution No. 97-159 shows that lighting district No. 2 and
should only show lighting district No. 1.
Debra J. Adams, City Clerk, indicated this error has been caught and the Resolution has been changed to
reflect the correct information.
D. CONSENT CALENDAR
D1. Approval of Warrants, Register Nos. 10/8/97 and 10/15/97, and Payroll ending 9/18/97 for the total
amount of $1,153,255.44.
D2. Approval of Annual Banner Applications.
D3. Approval of an application to designate the George Cherbak House (built approximately 1929) a
Historic Landmark, located at 9953 Hillside Road - APN: 1074-211-31. Related file: Mills Act Agreement 97-
02. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER GUTIERREZ,
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November 5, 1997
Page 3
RESOLUTION NO. 97-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING LANDMARK DESIGNATION 97-02,
DESIGNATING THE GEORGE CHERBAK HOUSE (BUILT APPROXIMATELY
1929) A HISTORIC LANDMARK, LOCATED AT 9953 HILLSIDE ROAD AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-211-31.
D4. Approval of request to implement the use of the Mills Act to reduce property tax (CO 97-052) on the
George Cherbak House (built approximately 1929), a Historic Landmark, located at 9953 Hillside Road - APN:
1074-211-31. Related file: Landmark Designation 97-02. ITEM REMOVED FOR DISCUSSION BY
COUNCILMEMBER GUTIERREZ.
D5. Approval of a Resolution adopting the Five-Year Capital Improvement Program for Fiscal Years
1997/98 through 2001/02 and Twenty-Year Transportation Plan beginning in Fiscal Year 1997/98 as required
for expenditures of Measure "1" funds.
RESOLUTION NO. 97-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 1997/98 THROUGH 2001/02
AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR
1997/98 FOR THE EXPENDITURE OF MEASURE "1" FUNDS
D6. Approval of an Improvement Agreement and Improvement Securities and Ordering the Annexation
to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 97-
02, located at the northwest corner of 6th Street and Hyssop Drive, submitted by Rudolf VVallner.
RESOLUTION NO. 97-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT
AND IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW 97-02
RESOLUTION NO. 97-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 97-02
D7. Approval of Resolution to adopt a Memorandum of Understanding (CO 97-053, 97-054 and 97-055)
for all City Employee Groups.
RESOLUTION NO. 97-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA AUTHORIZING ENTRY INTO MEMORANDA OF
UNDERSTANDING WITH THE CITY'S GENERAL EMPLOYEES MEET AND
CONFER GROUP, MAINTENANCE MEET AND CONFER GROUP, AND THE
SUPERVISORY PROFESSIONAL MEET AND CONFER GROUP FOR FISCAL
YEARS 1997/1998, 1998/1999 AND 1999/2000.
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November 5, 1997
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D8. Approval of Salary and Benefits Resolution for Fiscal Year 1997/98 and Rescinding Resolution No.
96-096.
RESOLUTION NO. 97-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 96-096 AND
IMPLEMENTING SALARY AND BENEFITS FOR FISCAL YEAR 1997-98
D9. Approval of release of Cash Maintenance Guarantee Bond in the amount of $9,800.00, for CUP 95-
15, located on the north side of Arrow Route, east of Rochester.
Release:
Cash Maintenance Guarantee Bond $9,800.00
MOTION: Moved by Gutierrez, seconded by Biane to approve the staff recommendations in the staff reports
contained in the Consent Calendar with the exception of items 3 and 4. Motion carried unanimously, 4-0-1
(Williams absent).
DISCUSSION OF ITEM D3: Approval of an application to designate the George Cherbak House (built
approximately 1929) a Historic Landmark, located at 9953 Hillside Road -APN: 1074-211-31. Related file:
Mills Act Agreement 97-02
DISCUSSION OF ITEM D4: Approval of request to implement the use of the Mills Act to reduce property tax
(CO 97-052) on the George Cherbak House (built approximately 1929), a Historic Landmark, located at 9953
Hillside Road -APN: 1074-211-31. Related file: Landmark Designation 97-02.
Councilmember Gutierrez stated he wanted to acknowledge Deborah and Andrew Burger. He stated he
wishes there were more people wanting to occupy historic residences in the City.
Deborah Burger stated they are working on the house and restoring it. She invited the Council to
come and visit them.
MOTION: Moved by Gutierrez, seconded by Curatalo to approve items 3 and 4. Motion carried unanimously
4-0-1 (Williams absent).
No items submitted.
E. CONSENT ORDINANCES
F. ADVERTISED PUBLIC HEARINGS
Fl. CONSIDERATION OF PUBLIC NEED AND NECESSITY IN GRANTING A TAXI CAB SERVICE
PERMIT TO BELL CAB CO. (San Gabriel Transit)
Councilmember Gutierrez stated he will not be voting on this issue and will be abstaining from the discussions
of this matter.
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November 5, 1997
Page 5
Staff report presented by Duane Baker, Assistant to the City Manager.
Mayor Alexander asked if the City is receiving complaints about the taxi cab service.
Duane Baker, Assistant to the City Manager, stated he has only received one in the last year.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Scott Schaefer, Bell Cab Company, introduced the drivers and staff of his company. He stated he
felt there is a demand in Rancho Cucamonga for another cab company. He stated he did not think
the average citizen would know to call the City if they had a complaint. He felt a second permit would
help to make services better in the City. He referred to the SAN BAG Comprehensive Plan which was
also distributed to the Council. He stated there is proof that there is a need for additional transit to
various new businesses in the City, all located locally. He stated he felt they could work with Suzanne
Ota, Community Services Manager, to assist with their community programs. He stated they would
like to write an article in the Silver Fox about their services. He stated they would like to provide
discounts to the seniors. He felt the existing Dial-A-Cab program was inadequate and felt they could
funnel people through a taxi cab to the Metrolink. He stated they have spoken to Rita Grant of the
Police Department to be a community partner with the City. He stated they have talked to Marti
Higgins to assist in case there is an emergency. He stated they do not feel there is a lack of demand
for more cab services. He stated they even have cab drivers that are notary publics. He stated they
even do food deliveries for restaurants. He asked that the Council grant them the permit to operate.
Duke Perin of Bell Cab home office, presented information about the company. He also told about
the services they provide. He told about the program that their ddvers go through to be able to drive
a cab. He felt there was a need for an additional cab company, but that they do not want to hurt
Yellow Cab Company because he wants them to be able to continue servicing in Rancho Cucamonga
also. He stated they also have a computerized cab system like Yellow Cab has.
Mayor Alexander asked if they have ever been against a cab company coming into an area they were
presently serving.
Scott Schaefer stated they did in Baldwin Park but they had four cab companies which is not the
same case as this is.
Mike Abreu of Yellow Cab stated he did not think two cab companies would work in the City. He felt
the area would only support a certain number of cabs on the streets. He stated you might have a
customer calling two cab companies at the same time and neither of them responding. He stated you
would also have cabs racing to beat out the other cab, which is dangerous. He did not agree with the
second permit being allowed.
Gary Bemis, Villa Del Rey, felt there was a perception that it takes a long time to get a cab in the City
because you don't see many driving around in the City. He felt the second cab company would help
the seniors out.
Carol McLeon of Yellow Cab stated they always have cabs available in the City to make sure the
customers are always served.
Timothy Younger, attorney in town and a resident, stated he is not present on behalf of the Chamber
of Commerce. He felt things have changed in the City. He stated he would like the idea of having a
cab company pick up clients on a corporate account and would like to have the choice. He stated he
has used Yellow Cab and has no complaint with them, but would also like a choice.
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November 5, 1997
Page 6
Bdan Hunt, Yellow Cab, stated he did not agree that Bell Cab was interested in his welfare because
they would be taking business away from him. He stated Classic Cab went out of business because
there was not enough business to keep them busy. He stated Bell Cab has a lot of money and has
hired consultants to help them. He stated he did not understand why the BIA was involved in this.
He stated they do have corporate accounts to service businesses in the City.
He talked about the complaints at the airport about Bell Cab. He stated he feels they have a good
service in Rancho Cucamonga. He felt the rates would go up if there is more than one company in
the City. He asked for the Council to vote no on this matter.
Mayor Alexander asked about Dial-A-Cab.
Brian Hunt stated he did not think Omnitrans would state they need Bell Cab for this program in the
City. He stated their complaints are few regarding the Omnitrans program.
Rusty Deton thanked Marcus Solomon for helping her son at one time. She stated she supported Bell
Cab because they care about their people. She stated they also wear uniforms. She felt people
should have a choice of cab companies. She stated her customers ask when Bell Cab will be coming
to Rancho Cucamonga. She asked for the Council to consider their request.
Scott Schaefer, Bell Cab, stated they provide smoke free cabs. He stated their response time is quick
and efficient. He encouraged the Council and staff to call Omnitrans about their service.
Dennis Bartley stated he drives for Bell Cab. He stated he felt adequate cab drivers were important
to help prevent drunk drivers from driving also.
Carol McLean stated again she felt Rancho Cucamonga provides good services and does a good job
taking care of things.
Frank McFadden, Bell Cab Company, stated he works out on the streets with the drivers.
There being no further response, the public hearing was closed.
Councilmember Curatalo stated he felt Yellow Cab has done a great job in the City and felt Bell Cab should
be tried for one year and then bring it back for review.
Councilmember Biane stated he agreed with Yellow Cab that another company in the City would bring more
cab business into the City. He stated there is no proof to him that another company is needed.
Mayor Alexander stated he did not think there was a bad service currently in the City. He felt once the new
airport operations open, this could be looked at then.
MOTION: Moved by Biane, seconded by Alexander to direct staff to prepare a Resolution of Denial for this
application for the next meeting. Motion carried 2-1-1-1 (Curatalo no, Williams absent, Gutierrez abstained).
A recess was taken at 902 p.m. The Council reconvened at 9:16 p.m. with all Councilmembers present.
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November 5, 1997
Page 7
F2. CONSIDERATION OF A RESOLUTION TO ADJUST THE CITY'S COMPREHENSIVE FEE
SCHEDULE BY MODIFYING CERTAIN FEES
RESOLUTION 97-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING A NEW COMPREHENSIVE FEE
SCHEDULE FOR PERMITS AND SERVICES PROVIDED BY ALL CITY
DEPARTMENTS, THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND RANCHO CUCAMONGA POLICE DEPARTMENT BY MODIFYING CERTAIN
FEES ESTABLISHED IN RESOLUTION 96-12
MOTION: Moved by Biane, seconded by Curatalo to continue the item to December 17, 1997. Motion carded
unanimously, 4-0-1 (Williams absent)
G. PUBLIC HEARINGS
G1. CONSIDERATION OF AN AMENDMENT TO CHAPTER 9.30 OF THE MUNICIPAL CODE
PERTAINING TO LOITERING BY MINORS
ORDINANCE NO. 584 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA AMENDING CHAPTER 9.30 OF TITLE 9 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE PERTAINING TO LOITERING BY MINORS
Staff report by Duane Baker, Assistant to the City Manager.
Councilmember Gutierrez asked if there are still officers at the high schools.
Lt. David Lau of the Police Department, stated thero are three this year - one for each high school.
Councilmember Gutierrez felt the officers need to ask if they see kids loitering what they are doing. He also
felt the loud noise ordinance should be enforced.
Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was
closed.
MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance
No. 584 for the November 19, 1997 meeting. Motion carried unanimously, 4-0-1 (VVilliams absent).
G2. CONSIDERATION OF A NARCOTICS OFFENDER EVICTION REFERRAL
Staff report presented by Jerry Fulwood, Deputy City Manager.
Jim Markman, City Attorney, stated this not only gives the landlord the authority to evict someone, but would
also give the City Attorney the authority to move forward with this process.
Mayor Alexander felt this was a good step and felt the subcommittee did a good job.
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November 5, 1997
Page 8
There being no further response, the public hearing was closed.
Debra J. Adams, City Clerk, read the title of Ordinance No. 585.
ORDINANCE NO. 585 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS
RENTING PROPERTY UPON WHICH SPECIFIED DRUG AND/OR GANG
RELATED ACTIVITIES ARE OCCURRING
MOTION: Moved by Curatalo, seconded by Gutierrez to waive full reading and set second reading of
Ordinance No. 585 for November 19, 1997. Motion carried unanimously, 4-0-1 (Williams absent).
No items submitted.
H. CITY MANAGER'S STAFF REPORTS
I, COUNCIL BUSINESS
I1. DISCUSSION OF "GUESS WHO" CONCERT
Jack Lam, City Manager, stated Councilmember Williams has written comments that she wanted placed in
the record on this matter which is before the Council tonight.
Staff report presented by Suzanne Ota, Community Services Manager.
Councilmember Curatalo stated he was concerned for those people that do not have proof of ticket purchase
that want a refund.
Jack Lam, City Manager, pointed out that the people did get to enjoy most of the concert performance. He
stated that normally when a concert is put on there is not any refunds at all and that in this particular case,
the people did enjoy 1% hours of the concert.
Councilmember Biane stated he would go along with the staff on this.
MOTION: Moved by Biane, seconded by Curatalo to offer refunds for a set period of time and that the Sports
Advisory Committee come back with their recommendation to the Park and Recreation Commission and then
back to the Council to decide the best way to disburse the additional funds. Motion carried unanimously, 4-0-1
(Williams absent).
12. DISCUSSION OF PLANNING COMMISSION APPLICATIONS
Staff report presented by Diane O'Neal, Management Analyst II.
Councilmember Biane stated as part of the subcommittee he would like to hear what the rest of the Council
would like to do.
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November 5, 1997
Page 9
Mayor Alexander stated he is still hoping to re-open this up and that the previous Planning Commission
members will still apply because of their experience. He felt the widest variety of experienced applicants was
important for consideration. He felt one more effort should be made to advertise.
Councilmember Curatalo stated he agreed with Mayor Alexander. He felt the current list is very qualified, but
felt there should be a larger pool to choose from.
Councilmember Gutierrez stated he felt the Council had in the past agreed on a procedure. He felt there were
applicants in the existing pool that should receive the Council's full consideration. He felt the current Planning
Commissioners were informed of the process and knew how it would be handled. He stated he does not have
a problem to re-open this because that seems to be what the majority of the Council wants.
Councilmember Biane referred to Councilmember Williams' memo stating that she wishes the process to re-
open. He stated if Councilmember Williams was here he would probably vote not to re-open this, but did not
want to complicate the process. He stated he would still like for the new commissioners to be able to take
their seats in January.
The Council concurred to advertise this two times and give it as much publicity as possible.
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 Biane, seconded by Gutierrez to adjourn to executive session to discuss Labor
Negotiations per Government Code Section 54957.6 to give Larry Temple, Administrative Services Director,
direction in regards to the Meet and Confer process. Motion carried unanimously, 4-0-1 (Williams absent).
The meeting adjourned at 10:00 p.m. No action was taken in executive session.
Respectfully submitted,
Debra J. Adam, s, CMC
City Clerk
Approved: December 17, 1997