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HomeMy WebLinkAbout1997/10/15 - Minutes - Special October 15, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, October 15, 1997, in the DeAnza Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; and James Markman, City Attorney. Absent was: Councilmember Paul Biane. B. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. ADJOURNMENT MOTION: Moved by Williams, seconded by Curatalo to adjourn to executive session to discuss pending litigation per Government Code Section 54956.9 regarding CURE vs. City of Rancho Cucamonga. Motion carried unanimously 4-0-1 (Biane absent). The meeting adjourned at 6:32 p.m. No action was taken in executive session. Respectfully submitted, Deb!ra J. AdaI~ ,~C~C City Clerk Approved: November 19, 1997 October 15, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga Fire Protection District was held on Wednesday, October 15, 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 7:28 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Tom Grahn, Associate Planner; Cathy Morris, Planning Technician; Shintu Bose, Deputy City Engineer; Dan James, Sr. Civil Engineer; Bob Zetterberg, Integrated Waste Coordinator; Laura Bonaccorsi, Landscape Designer; Bill Makshanoff, Building Official; Jim Frost, City Treasurer; Suzanne Ota, Community Services Manager; Dave Moore, Recreation Superintendent; Deborah Clark, Library Manager; Diane O'Neal, Management Analyst II; Jennifer Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember Paul Biane. B. ANNOUNCEMENTS/PRESENTATIONS B1. Recognition of Eagle Scouts and their achievements. Mayor Alexander stated the City would like to show the community how proud they are of all the eagle scout recipients over the years because of all of their hard work to achieve this. George Matiasek, an 84 year old eagle scout, was introduced. All eagle scouts present were given certificates for this accomplishment. B2. Presentation of a Proclamation proclaiming "Second Chance Week" and "Make a Difference Day" for the week of October 18 - 25, 1997. Mayor Alexander presented the Proclamation to Bob Zetterberg, Integrated Waste Coordinator. B3. Presentation of a Proclamation proclaiming National Food Bank Week during the week of October 13 - 17, 1997. City Council Minutes October 15, 1997 Page 2 Mayor Alexander presented the Proclamation to Daryl Brock and Mike Vanderpool. B4. Proclamation declaring October 23 -31, 1997, as Red Ribbon Week in Rancho Cucamonga. Mayor Alexander presented the Proclamation to Suzanne Ota, Community Services Manager. B5. Presentation of Certificates to Red Ribbon Week Design Winner and Honorable Mention Recipients. Mayor Alexander announced that the Design winner was Gina Ferraro with Honorable Mention Awards presented to Annie McMillan, Joshua Shepherd and Ashley Visner. The Council recessed at 8:15 p.m. to continue with the Fire District Agenda. The Council reconvened at 8:20 p.m. with all Councilmembers present except Councilmember Biane. ITEM H'I WAS DISCUSSED AT THIS TIME, BUT THE MINUTES WILL REMAIN IN AGENDA ORDER. C. COMMUNICATIONS FROM THE PUBLIC C1. James Markman, City Attomey, asked that item D8 be removed from the Consent Calendar since there were many people present to discuss this. C2. Laura Mulligan, 545 W. Whitgum, Glendora, commented that the Council is not willing to help the Route 66 Museum people. She referred to the letter before the Council and asked if they can offer any storage space for this organization. Mayor Alexander told her she could talk to Mr. Gomez since it was not on the agenda tonight and could not be discussed. Councilmember Gutierrez stated he would be willing to help find them some space. He stated he would meet with staff to see what he could do. Mayor Alexander pointed out that the City has in the past helped this organization. Councilmember Williams stated the City operates on public funds and that it is not easy for them to offer funds to an organization that does not give back. She stated it has been offered to work something out with them so they are a full time visitor's center, but that the City cannot offer pubic funds to a single organization. C3. Delores Swanson of the Deer Creek area stated there is a traffic problem in their neighborhood because people are using their streets as a way to get through the City. She commented that a child had been hit by a car recently on Hillside which left him injured very badly. She stated she would like to have something done to keep this from happening again. She felt the speed limit should be lowered and possibly stop signs put in along Hillside or even speed bumps to keep people from speeding and another accident happening again. City Council Minutes October 15, 1997 Page 3 Councilmember Gutierrez stated he has talked to Mrs. Swanson before and that the City will look into this. He felt there were alternatives to consider. C4. Barbara Sayers of the Rancho Cucamonga Visitors Center stated she volunteers at the Visitors Center and has helped many people that had come into their facility by answering a variety of questions they might have. She asked for any help the Council can give the Visitors Center. C5. James Barton, 5552 Canistel, stated there are two intersections on Hillside in Deer Creek that could have stop signs and also one on Canistel and Wilson that would help to make the area safer. Councilmember Williams felt Joe O'Neil, City Engineer, could get with the residents in this area to talk about their concerns. C6. Jim Frost, Etiwanda Historical Society, distributed information to the Council regarding a chronology of George Chaffey and also a resolution on the California Gold Discovery to Statehood Sesquicentennial and asked that the Council adopt a similar Resolution at their next meeting. C7. Corporal Bosk thanked former City employee Kathy Sorensen for her work on the skate park project. He also reported there was a street light out at 7812 Winery Ridge Drive and stated this has been reported several times with nothing done about it. Councilmember Williams stated she would like an informational memo on this matter. C8. Matt McBean of Alta Loma High School Band stated he was at the 1st Annual Band Spectacular last Saturday, and wanted to thank Councilmember Gutierrez for his attendance and support of the event. Councilmember Gutierrez stated he was very sorry that Gary Kendrick was not able to attend this event. Councilmember Williams stated she was out of town and could not be present, but commended all of the band participants for their hard and work and commitment to what they are doing. D. CONSENT CALENDAR D1. Approval of Minutes: September 17, 1997 D2. Approval to receive and file current Investment Schedule as of September 30, 1997. D3. Approval of Warrants, Register Nos. 9/24/97 and 10/1/97 and Payroll ending 9/4/97 for the total amount of $1,994,030.40. D4. Approval of the City of Rancho Cucamonga Multihazard Functional Disaster Plan in accordance with the Standardized Emergency Management System (SEMS). D5. Approval of a Resolution to submit the Used Oil Opportunity Grant Application to the California Integrated Waste Management Board in conjunction with the cities of Chino Hills, Fontana, Montclair, Ontario, Rialto and Upland. City Council Minutes October 15, 1997 Page 4 RESOLUTION NO. 97-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A USED OIL OPPORTUNITY GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD AND AUTHORIZING THE CITY OF CHINO TO ACT ON BEHALF OF THE CITY OF RANCHO CUCAMONGA AS A USED OIL OPPORTUNITY GRANT APPLICANT AND ADMINISTRATOR D6. Approval to open escrow for the sale of the surplus property at the Grove Avenue Yard facilities. (CONTINUED FROM SEPTEMBER 3, 1997) D7. Approval to appropriate $44,710 for Fund 23-4637-9120 for General City Master Plan Drainage Reimbursement Agreements for fiscal year 1997/98. D8. Approval of the Map, Improvement Agreement, Improvement Securities, Improvement and Maintenance Agreement for the Storm Drain Channel and Emergency Access Road, and ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tentative Tract No. 14771, located north of Ringstem Drive, east of Haven Avenue, submitted by Lauren Development, Inc. ITEM REMOVED FOR DISCUSSION BY CITY ATTORNEY MARKMAN. RESOLUTION NO. 97-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 14771, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND IMPROVEMENT AND MAINTENANCE AGREEMENT FOR THE STORM DRAIN CHANNEL AND EMERGENCY ACCESS ROAD RESOLUTION NO. 97-159 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 MAP NO. 14471 D9. Approval to authorize the execution State-Local Agency Transportation Partnership Program Agreement No. SLTPP-5420, Supplement No. 009 (CO 97-050), for the Improvement of Milliken Avenue, between Foothill Boulevard and Arrow Route. D10. Approval to award and execute the contract (CO 97-051) for the Amethyst Avenue Pavement Rehabilitation Program, located on Base Line Road to 19th Street, to Laird Construction, in the amount of $102,421 ($93,110, plus 10% contingency) to be funded from Engineering Prop 111 Funds, Account No. 10- 4637-9605. Dll. Approval of a request to summarily vacate Railroad Avenue south and the unnamed alley (east collector street), otherwise known as Hanley Avenue, located to the north and east respectively of vesting Tentative Tract Map 15766. City Council Minutes October 15, 1997 Page 5 RESOLUTION NO. 97-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF RAILROAD AVENUE SOUTH AND THE UNNAMED ALLEY (EAST COLLECTOR STREET), OTHERWISE KNOWN AS HANLEY AVENUE, LOCATED TO THE NORTH AND EAST RESPECTIVELY OF VESTING TENTATIVE TRACT MAP 15766 D12. Approval of Map, Improvement Agreement, Improvement Security, and ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map No. 15797-1, generally located south of Highland Avenu6 and east of Woodruff Place, submitted by Tava Development Company, a California Corporation. RESOLUTION NO. 97-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15797-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 97-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15797-1 D13. Approval of Map, Improvement Agreement, Improvement Security, and ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map No. 15796-1, generally located at the northeast corner of Milliken Avenue and Victoria Park Lane, submitted by Tava Development Company, a California Corporation. RESOLUTION NO. 97-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15796-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY. RESOLUTION NO. 97-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15796-1 MOTION: Moved by Gutierrez, seconded by Williams to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of item D8. Motion carried unanimously, 4-0-1 (Biane absent). City Council Minutes October 15, 1997 Page 6 DISCUSSION OF ITEM D8: Approval of the Map, Improvement Agreement, Improvement Securities, Improvement and Maintenance Agreement for the Storm Drain Channel and Emergency Access Road, and ordering the Annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District Nos. 1 and 2 for Tentative Tract No. 14771, located north of Ringstem Drive, east of Haven Avenue, submitted by Lauren Development, Inc. James Markman, City Attorney, stated this is a final map and Engineering is recommending approval. Mark McGuire, representing the applicant on the final map, stated they agree with staff and their recommendation. Richard Stone, representing RC5 and Haven View Estates homeowners, stated the plan must be consistent with the General Plan. He stated whatever the General Plan was in 1981 was never amended and so the project now before the Council is not consistent with it. He continued to present more information about the General Plan and the Development Code. He reiterated the Council needs to know what the General Plan was in 1981 when this project was approved. He also stated he felt they needed to get a 2nd legal opinion about this matter. Mark Estopenian, 11045 Ranch Drive, felt his family would be at risk if this levee comes down. He stated they are asking for the Council to protect them. Tom Bradford, 5066 Granada, reported that Mr. Stone was successful in the lawsuit he had mentioned in his presentation. He also referred to the maps on the back wall. Bill Angel, 12966 Arapaho Road, stated they have not seen the revised plan for this project. He commented that the developer would have to get an easement from DWP, but that Melissa McKeith has convinced them not to grant the easement. He felt the City should let the homeowners have input into the design of the plan for the drainage. He stated they are in agreement with Mr. Stone's opinion of the plan. He felt the Council should consider the information presented to them tonight. Bruce Ann Hahn, 5087 Granada, stated she also looked at the new drainage plan at City Hall and did not agree with it because it has not been engineered yet. She did not think their area can be in Lighting District #2, but would like them to be. Mark McGuire, representing the applicant, pointed out the levee has a whole in it 80' wide. He stated the property was never owned by the Flood Control District. He stated they are going to follow the grading plan exactly when it comes time to do this work. He proceeded to present information to be made part of the record which is on file in the City Clerk's office. Stan Morris, MDS Consulting stated he designed the flood channel and explained it. He commented on the process these plans have gone through to get approvals. Councilmember Williams asked if they have designed for the 250 year storm. Mr. Morris stated they designed for the 100 year storm, but that it would handle a 250 year storm. Mr. Stone referred to the maps on the back wall and that it is California law. He brought up again what was in the General Plan in 1981. Brad Buller, City Planner, displayed a map for this area. He read sections from the General Plan and showed an overlay for the flood control. He added staff feels the project is in compliance with the General Plan. City Council Minutes October 15, 1997 Page 7 Rick Gomez, Community Development Director, pointed out County zoning was followed back in 1981. James Markman, City Attorney, stated the drainage conditions must be met before anything is built. He told the Council they need to decide if this conforms with the General Plan. He also stated Bruce Ann Hahn was correct that the Resolution needs to be changed so that this project only falls within Street Lighting District #1. Mayor Alexander stated he feels the winner in all of this will be the attorneys. He felt staff was doing an excellent job. Councilmember Curatalo stated he accepts the position of staff and the City Attorney. Councilmember Gutierrez stated he appreciates the work and opinion of all the professionals and that he appreciates the opinions of the residents. He stated he felt the General Plan was "murky" and that he agreed with the other side on this issue. He stated he would not put his name on something if he was not sure about the drainage. He stated he cannot support this, and felt there were too many questions to be answered. Mayor Alexander stated with regards to the mitigation, there is a flood control channel up there. He asked who maintains the levee. Joe O'Neil, City Engineer, stated no one because it is on private property, but now there is the flood control channel to protect everyone instead. MOTION: Moved by Curatalo, seconded by Alexander to approve Resolution Nos. 97-158 and 97-159 as corrected. Motion carried 3-1-1 (Gutierrez voted no, Biane was absent). E. CONSENT ORDINANCES No items submitted. No items submitted. F. ADVERTISED PUBLIC HEARINGS No items submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF DESIGN STRATEGIES TO REDUCE MAINTENANCE COSTS FOR PUBLICLY MAINTAINED LANDSCAPING TO BE ADOPTED AS POLICY THROUGH MINUTE ACTION. AS RECOMMENDED BY THE PUBLIC WORKS SUBCOMMI-I-I'EE AND WITH INPUT FROM THE PLANNING COMMISSION City Council Minutes October 15, 1997 Page 8 Staff report presented by Laura Bonaccorsi, Landscape Designer. The Council concurred with staff's recommendation. MOTION: Moved by Williams, seconded by Gutierrez to approve staff's recommendation. Motion carried unanimously, 4-0-1 (Biane). I. COUNCIL BUSINESS I1. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1) Lions East 2) Lions West 3) RC Family Sports Center 4) Rancho Cucamonga Senior Center B. COMMUNITY SERVICES UPDATE Items not identified at this time. ACTION: Report received and filed. Mayor Alexander stated he would like an update on the concert. Suzanne Ota, Community Services Manager, presented information as was in a memo distributed to the Council this evening. Mayor Alexander felt the Council needs to take an action to reimburse the people for the ticket money through the insurance money. Councilmember Curatalo asked what insurance amount would be returned to the City. Suzanne Ota, Community Services Manager, stated the City purchased $70,000 of rain insurance. Councilmember Gutierrez asked what would be the net gain from the insurance money. Suzanne Ota, Community Services Manager, stated they would probably net about $15,000. Mayor Alexander stated he would like to see this money be given to the sports groups. 12. APPOINTMENT OF SUBCOMMITTEE FOR RAILS TO TRAILS - SOUTHERN PACIFIC LINE Staff report presented by Rick Gomez, Community Development Director. MOTION: Moved by Curatalo, seconded by Gutierrez to appoint Alexander and Williams. Motion carried unanimously 4-0-1 (Biane absent). J1. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING Report on the "Guess Who" concert as stated above. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. MOTION: City Council Minutes October 15, 1997 Page 9 L. ADJOURNMENT Moved by Curatalo, seconded by Williams 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 (Biane absent). The meeting adjourned at 10:45 p.m. No action was taken in executive session. Respectfully submitted, Eeb~~ a j. Ad~a s2M C~'<~~ City Clerk Approved: November 19, 1997