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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. City Council Minutes 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, City Council Minutes 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. City Council Minutes November 5, 1997 Page 4 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. City Council Minutes 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. City Council Minutes 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. City Council Minutes 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. City Council Minutes 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. City Council Minutes 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