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HomeMy WebLinkAbout1997/04/02 - Minutes April 2, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re(~ular Meetina A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 2, 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 7:46 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 Lam, City Manager; James Markman, City Attorney; Unda Daniels, Redevelopment Agency Manager; Jan Reynolds, RDA Analyst; Cathy Wahlstrom, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Steve Hayes, Associate Planner; Bill Makshanoff, Building Official; Paula Pachon, Management Analyst II, Community Services Department; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; and Debra J. Adams, City Clerk. Absent was Agencymember: Paul Biane B1. B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation proclaiming the Month of April as Motorcycle Awareness Month. Proclamation will be presented in May. B2. Presentation of Proclamation recognizing the week of March 30. thru April 5, 1997 as Architecture Week in Rancho Cucamonga. Mayor Alexander presented the proclamation to Florence Holt. B3. Presentation of Proclamation declaring the Month of April as Fair Housing Month. Mayor Alexander presented the proclamation to Jess Torres of the Inland Mediation Board. B4. Mayor Alexander presented a proclamation to Rick and Heide Foss with "Friends and Families of Murdered Victims' recognizing April 13 to April 19, 1997, as National Victim's week. Heide Foss thanked the Council for their support and for hel~ing them. Rick Foss also thanked the Council for their support and talked about their program. City Council Minutes April 2, 1997 Page 2 Mayor Alexander announced there would be a barbecue at the Chino Airport on April 18 to raise money for this organization. ~' B5. Jack Lam, City Manager, announced that item H2 should have the Resoluton No. of 97-042 instead of 97-041 and that there are also corrected pages, 175 and 176, already distributed to the Council. B6. Jack Lam, City Manager, stated they would also IRe to add an item to the Consent Calendar to approve a Resolution endorsing the 'California 1st" Congressional Leadership Summit organized by SCAG. MOTION: Moved by Williams, seconded by Curatalo to add Resolution No. 97-043. Motion carried unanimously 4-0-1 (Biane absent). This would be item D11 under the Consent Calendar. C. COMMUNICATIONS FROM THE PUBLIC Cl. Millie Glenney, 6580 Eliwanda Avenue, felt the zoning and density issues in Rancho Cucamonga need to be looked at. She stated she has also talked to Jim Banks and that he agreed with her concerns. She stated they would like to know when the meetings will be held that the task force is involved in so they could attend and give their input. Mayor Alexander asked Brad Buller, City Planner, to give to give background information on how a zone change OCCUrs. Brad Buller, City Planner, stated there are various possibilities of timing and how a community can be involved in the review of the general plan or the zoning of a specific area. He stated there could be a public education forum in which the current zoning and the steps for amending the zoning could be explained. He stated depending on the feedback they receive, the Planning Department would decide at what Council meeting it should possibly come back at if necessary. He explained about the existing task force of Planning Commissioners and Councilmembers that are looking at the issue of multiple family zoning within the City. Mayor Alexander felt it was important for the community to be educated at a neighborhood meeting so they are aware what is going on. Councilmember Gutierrez stated he and Mayor Alexander and two members of the Planning Commission have been working on the zoning issues and that they are about ready to present their information to the public. Mayor Alexander reiterated that Millie Glenney and her neighborhood group still need to sit down with the Planning Department to get the information they need. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 3/12/97 and 3119/97; and Payroll ending 3/6/97 for the total amount of $1,311,984.43. D2. Approval to receive and file current Investment Schedule as of February 28, 1997. D3. Approval of request form Marks Cablevision to waive City fees for the Rancho Rally (Mini Grand Prix Race) to be held on June 8, 1997. City Council Minutes Apdl 2, 1997 Page 3 D4. Approval of Public Convenience or Necessity 96-04 - Texaco, a request for the issuance of an Alcohol Beverage Control Ucense (Off-site Sale of Beer and Wine) for a mini-market within Texaco Gas Station, located at the northeast corner of Foothill Boulevard and Elm Avenue - APN: 1077-421-42.. RESOLUTION NO. 97-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN A MINI-MARKET OF A SERVICE STATION, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ELM AVENUE - APN: 1077-421-42 D5. Approval of Public Convenience or Necessity 96-05 - Texaco, a request for the issuance of an Alcohol Beverage Control License (Off-site Sale of Beer and Wine) for a mini-market within Texaco Gas StalJon, located at the southwest comer of Base Line Road and Milliken Avenue - APN: 1077-672-37. RESOLUTION NO. 97-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN A MINI-MARKET OF A SERVICE STATION, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE - APN: 1077-672-37 D6. Approval of Public Convenience or Necessity 97-01 - Zayer, a request for the issuance of an Alcohol Beverage Control Ucense (Off-Sale General) for a liquor store, located at the southwest comer of Foothill Boulevard and Rochester Avenue - APN: 229-011-41. RESOLUTION NO. 97-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE FOR A LIQUOR STORE LOCATED AT 11897 FOOTHILL BOULEVARD AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE -APN: 229-101-41 D7. Approval of City Co-sponsorship with Active Ride Shop of a Skate Park Concert on June 7, 1997. D8. Approval to participate in SANBAG's Joint Electrical Restructuring Committee in the amount of $1,000, to be paid out of Account Number 01-4245-8022. D9. Approval to authorize the submittal of an application to the California Integrated Waste Management Board for a 1996/97 Tire Recycling Grant. RESOLUTION NO. 97-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A 1996/97 TIRE RECYCLING GRANT City Council Minutes April 2, 1997 Page 4 D10. Approval to accept Improvements, Release the Faithful Performance Bond, accept a Maintenance Bond and tile a Notice of Completion for Tract 14208, located on the north side of Base Line Road, west of Alta Cuesta Drive. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. Release: Faithful Performance Bond Bond #3SM88347700 Faithful Performance Bond Bond #3SM80699300 $ 130,000.00 76,500.00 Accept: Maintenance Guarantee Bond 20,400.00 RESOLUTION NO. 97-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 14208, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, WEST OF ALTA CUESTA DRIVE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Dll. Approval of a Resolution endorsing the 'California 1st" Congressional Leadership Summit organized by SCAG. RESOLUTION NO. 97-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING AND ENDORSING THE LEGISLATIVE LEADERSHIP SUMMIT, 'CALIFORNIA FIRST', ORGANIZED BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT (SCAG), TO FOSTER UNITY IN THE SOUTHERN CALIFORNIA DELEGATION ON ISSUES AFFECTING THE REGION MOTION: Moved by Gutierrez, seconded by Williams to approve the Consent Calendar with the exception of item 10 and with the addition of item 11. Motion carried unanimously 4-0-1 (Biane). DISCUSSION OF ITEM D10: Approval to accept Improvements, Release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Tract 14208, located on the north side of Base Line Road, west of Alta Cuesta Drive. Coundlmember Williams asked for an explanation on how money is collected from a developer to go toward the park in that area. Rick Gomez, Community Development Director, and Jack Lam, City Manager, explained this process. MOTION: Moved by Williams, seconded by Alexander to approve item D10. Motion carried unanimously 4-0-1 (Biane). E, CONSENT ORDINANCES E1 CONSIDERATION OF AN ORDINANCE AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 12.16 TO TITLE 12 PROVIDING FOR THE REGULATION OF NEWSPAPER RACKS WITHIN THE PUBLIC RIGHT-OF-WAY City Council Minutes April 2, 1997 Page 5 Debra J. Adams, City Clerk, read the title of Ordinance No. 571. ORDINANCE NO. 571 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 12.16 TO TITLE 12 THEREOF AND PROVIDING FOR THE REGULATION OF NEWSPAPER RACKS WITHIN THE CITY MOTION: Moved by Williams, seconded by Curatalo to waive full reading and approve Ordinance No. 571. Motion carried unanimously 4-0-1 (Biane). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 96-02 - CITATION HOMES - A request to amend the VIctoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 18 acres of land at the northeast corner of Milliken Avenue and V'mtoria Park Lane -APN: 227-011-17. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report presented by Steve Hayes, Associate Planner. Mayor Alexander opened the meeting for public headng. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 572. ORDINANCE NO. 572 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-02, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 18 ACRES OF LAND AT THE NORTHEAST CORNER OF MILMKEN AVENUE AND VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 227-011-17 F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 96-03 - CITATION HOMES - A request to amend the victoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 12.4 acres of land south of Highland Avenue, east of Woodruff Place - APN: 227-011-26. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report presented by Steve Hayes, ,a,~sociate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 573. City Council Minutes April 2, 1997 Page 6 ORDINANCE NO. 573 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-03, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELUNG UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 12.4 ACRES OF LAND SOUTH OF HIGHLAND AVENUE, EAST OF WOODRUFF PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-26 MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance Nos. 572 end 573. Motion carried unanimously 4-0-1 (Biane absent). G, PUBLIC HEARINGS GI. CONSIDERATION OF AN APPEAL OF SIGN PERMIT FOR UNIFORM SIGN PROGRAM NO. 119 - OILMAX - An appeal of the Planning Commission decision regarding signs for Oil Max, an approved project within the Foothill marketplace Shopping Center, located on the south side of Foothill Boulevard, east of Interstate 15 - APN: 229-031-37. Staff report presented by Steve Hayes, Associate Planner. Councilmember Gutierrez inquired how many businesses in the center have yellow on their signs. Steve Hayes, Associate Planner, stated there were three - Food 4 Less, a salon and In N' Out Burger. Councilmember Williams felt there needed to be consistency for everyone. Councilmember Gutierrez felt common sense needs to be used on the sign regulations and felt the City needs to open up end let the people do their business. Brad Buller, City Planner, stated the two issues are color and verbiage and that he agreed with what Councilmember Gutierrez was saying. Councilmember Gutierrez stated he felt the Planning Commission voted according to what is in writing per the laws, but that the Council can make exceptions if necessary. Mayor Alexander asked if Oilmax knew of the sign standards when they came in with their plans. Brad Buller, City Planner, stated yes they did know from the beginning what was required to get this project going. Mayor Alexander stated he did not want to set a precedent by changing this. Coundlmember Cumtalo talked about the traffic for that location and stated he would have to abstain because he would be prejudice against this project. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Hal Tucker, Oilmax, commented on all of the businesses in the center that have yellow which he stated was more than only 3. He stated the problem the Council has is inconsistency. City Council Minutes Apdl 2, 1997 Page 7 Mr. Tucker stated they liked being in Rancho Cucamonga and wanted to serve the community. He commented on a letter sent to Rick Gomez from their attorney dated February 25. He added all they wanted to do is to be able to use their name to advertise their business. He stated he felt they were justified in asking for their appeal. Councilmember Williams asked if they could put '10 minute oil change," would they promise never to put banners up. Mr. Tucker stated the image of oil max is very important and that they try to maintain this. James Markman, City Attorney, felt Oilmax was wrong for asking the Council to allow them to do this. There being no further response, the public hearing was closed. Councilmember Gutierrez stated he is tired of people pretending they are pro business. He stated even if the City votes this down tonight, they need to take measures to be more flexible with sign regulations. He stated he felt the '10 minute lube" would come within the regulations for sizes of signs. Mayor Alexander stated he felt the Planning Commission was right, but did question the color issue because he felt it was part of their logo. Councilmember Williams stated she is concerned about all of the traffic at this location. She felt they should be going with yellow and moilmax." Councilmember Gutierrez stated he felt he would have a successful business no mater what, but that he felt the whole signage issue should be looked at through the City Council subcommittee. Mr. Tucker stated he would go with a red sign if they could have the 'Oilmax 10 minute oilchange". RESOLUTION NO. 97-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A PROPOSED SIGN PERMIT FOR UNIFORM SIGN PROGRAM NO. 119, REGARDING SIGNS FOR OIL MAX, AN APPROVED PROJECT WITHIN THE FOOTHILL MARKETPLACE SHOPPING CENTER, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF INTERSTATE 15, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229- 031-37 MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution No. 97-041, but reversing the Planning Commission's decision on the color to yellow. Motion carried 3-0-1-1. (Biane absent, Curatalo abstained). H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO SUPPORT THE CHAMBER'S OPPOSITION TO AB15 Staff reported presented by Diane O'Neal, Management Analyst II. Ede Swistock, Chamber of Commerce President, asked for the Council to support this matter and that he would be happy to answer any questions on this. City Council Minutes April 2, 1997 Page 8' MOTION: Moved by Williams, seconded by Gutierrez to support the Chamber of Commeme's recommendation. Motion carried unanimously 4-0-1 (Biane). H2. CONSIDERATION OF RESOLUTION CALLING FOR ASSESSMENT PROTEST PROCESS Staff report presented by Rick Gomez, Community Development Director. He added there is a Resolution of support from the Chamber for this process also. He pointed out that Chuck Buquet and Bob Dutton were present to promote a grass reots effort for this election. Mayor Alexander asked if the confidentiality problem had been addressed. Rick Gomez stated by having the ballot separated from the envelope the staff can register that it has been returned and keep track of that in case there might be a lost ballot. He stated by separating it when it comes in and storing it in a secure environment, staff could insure the privacy. Mayor Alexander stated this was a concern and understandably so. James Markman stated he would like to make sure these ballots are not subject to the public records act and would litigate this if he had to. He stated with the way we are doing this by separating the ballot from the envelope no one can put together the name with the way they voted. He stated what would concern him is if someone came in and wanted to see the ballots and start counting them. He stated he would take the position that the disclosure of the information is more damaging than the beneffi to the public that would be generated by the disclosure of the documents, and would liftgate this if it happened. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Bob Dutton talked about the yellow flier he had and what they are and will be doing to promote this. He stated they hoped to have about 80,000 volunteers. He stated he would like to have a list of those people that want to see the ballots because he felt they are the ones against the parks. He felt they needed to be talked to. Ede Swistock stated the Chamber adopted Resolution 970312-2 supporting this which he read into the record and is on file in the City Clerk's office. He added they felt the parks are a real asset to the City and supported the continuation of funding PD-85. RESOLUTION NO. 97-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WiTHIN PARK AND RECREATION IMPROVEMENT DISTRICT PD-85R FOR THE FISCAL YEAR 1997/98 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; APPROVING AN ENGINEERING REPORT IN RELATION THERETO; APPROVING BALLOT MATERIALS RELATED TO THE OPERATION AND MAINTENANCE PORTION OF SAID ASSESSMENT; AND OFFERING A TIME AND PLACE FOR HEARING AND CANVASSING OBJECTIONS THERETO MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 97-042. Motion carried 4-O-1 (Biane). City Council Minutes April 2, 1997 Page 9 I. COUNCIL BUSINESS I1. CONSIDERATION OF SLOGAN FOR RANCHO CUCAMONGA (Oral Report) Councilmember Curatalo felt the citizens have coined the phrase "1 Love Rancho Cucamonga.' He felt this should be adopted as the official slogan. Mayor Alexander stated before they adopted a slogan, he would like to hear what the community has to say. Councilmember Curatalo asked for the Council to adopt ~1 Love Rancho Cucamonga" as the slogan. Councilmember Williams stated she did not really feel the City needed a slogan and that she likes 'City W'~h a Plan" and 'World Class Community". She felt if they were to adopt a slogan, they should go out in the community and get their input. Councilmember Gutierrez felt this should not be voted on until Councilmember Biane got back. MOTION: Moved by Curatalo, seconded by Gutierrez to adopt ~1 Love Rancho Cucamonga" as the City's slogan. Motion failed 2-2-1 (Alexander, Williams voted no - Biane absent) J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams stated she would like a report to come back in the near future on a conservation park at Alta Cuesta and Base Line. J2. Councilmember Gutierrez felt the Millie Glenney issue should be on the next agenda so that they could at least get an update what the subcommittee is doing. K. COMMUNICATIONS FROM THE PUBLIC K1. Toni Rhodes, 10151 Arrow Route, stated they will be going before the Human Services Committee regarding AB 244. She stated she would like for the Council to discuss this and provide support for this bill. She stated they would be testifying on April 15 in Sacramento. Jack Lam, City Manager, stated the City can send a letter from the Mayor supporting this. Toni Rhodes stated it would then go to the appropriations committee if approved by the Human Services Committee. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn to executive session to discuss: (A) PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; VALLEY BASEBALL AND JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTIES; REGARDING TERMS OF PAYMENT; AND City Council Minutes April 2, 1997 Page 10 (B) 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). The meeting adjourned at 9:35 p.m. No action was taken in executive session. R/e~pectfully submitted, City Clerk Approved: June 4, 1997