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HomeMy WebLinkAbout2000/05/17 - MinutesMay17,2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 17, 2000, in the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:35 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor William J. Alexander announced the item to be discussed in closed session. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. - CITY& FIRE C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS ONLY No one was present to comment on the closed session item listed above. D. CONDUCT OF CLOSED SESSION Closed session began at 5:37 p.m. E. RECESS THE CLOSED SESSION RECESSED AT 6:45 P.M. TO THE REGULAR FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA. NO ACTION WAS TAKEN IN EXECUTIVE SESSION. City Council Minutes May 17, 2000 Page 2 CITY OF RANCHO CUCAMONGA CiTY COUNCIL MINUTES Reqular Meetina A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 17, 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 7:06 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Willjams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Cathy Wahlstrom, RDA Analyst; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Sid Siphomsay, Information Systems Analyst; Michael Toy, Information Systems Specialist; Rick Gomez, Community Development Director; Brad Bullet, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lieutenant David Lau, Police Department; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation by Hillside Community Church regarding the 2000 Soapbox Derby and Mega-Play Day Scheduled for May 29, 2000 at the Rancho Cucamonga Epicenter and Adult Sports Complex. Pastor Dave Burns from the Hillside Community Church asked for the City's support in their event to take place on May 29 at the Epicenter. He showed a video and invited the Council and the community to attend this event. B2. Presentation of a Proclamation declaring the week of May 21 - 27, 2000, as "National Public Works Week." Mayor Alexander presented the Proclamation to staff of the Public Works Division. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons of Etiwanda stated he is a supporter of Centrat Park and hoped that one day Central Park would be built. He thanked the Council for putting this issue on the ballot and felt this was the "great American Way". C2. Linda McConnell, Center Avenue, thanked the people who worked to fight Measure J. She felt the "little people" won. She felt the people of the City have been ignored as to how they want their City Council Minutes May17,2000 Page 3 money spent. She stated the silent majority is tired of what the City is doing and they want to let the Council know what they think. C3. Douglas Pure stated he attended the hearing on February 2 and felt the people are not being listened to. He felt there were cheaper ways to put in a park. He felt the special election was only to get out the special interest groups to vote for it. C4. Malon Sampson, Calico Court, stated there is a report called "Exponet" that the Council should have a copy of which talks about the debris basin. He added there are people in Haven View that would like to get together with the Council to talk about this report. C5. Maurene Sampson, Haven View Estates, read from an article written by Robert Kirby of the Wailstreet Journal who stated he did not think the debris basin was large enough. She stated Mr. Kirby stated he felt homes, schools, etc., were in danger. She continued to inform the Council that Mr. Kirby is willing to speak to the Council about this. C6. Fred Baldau referred to information from the L.A. County Department of Public Works and the San Bernardino County Flood Control District which pertained to the debris basin and flood control channel. Jack Lam, City Manager, stated when this information was delivered it was referred to the appropriate agency for their input and reaction. D. CONSENT CALENDAR D1. Approval of Minutes: April 19, 2000 D2. Approval of Warrants, Register Nos. 4/26/00 and 5/03/00 and Payroll ending 4/27/00 for the total amount of $2,953,212.02. D3. Approval to receive and file current Investment Schedule as of April 30, 2000. D4. Approval to Authorize the Advedising of the "Notice Inviting Bids" for the Arrow Route Cross- Gutter Removal and Drainage Improvements west of Hellman Avenue, to be funded from Account No. 32-4637-9928. RESOLUTION NO. 00-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARROW ROUTE CROSS-GUTTER REMOVAL AND DRAINAGE IMPROVEMENTS WEST OF HELLMAN AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS DS. Approval to Authorize the Advertising of the "Notice Inviting Bids" for replacement of Restroom Partitions at eight City Parks, to be funded from Funds 40, 41,43 and 47. City Counci~ Minutes May 17, 2000 Page 4 RESOLUTION NO. 00-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF RESTROOM PARTITIONS AT EIGHT CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to Authorize the Advertising of the "Notice Inviting Bids" for Restroom Repaint at various City Parks, in the amount of $16,300 (plus 10% contingency) to be funded from Funds 40, 41, 43 and 47. RESOLUTION NO. 00-076 A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RESTROOM REPAINT AT VARIOUS CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval to Authorize the Advertising of the "Notice Inviting Bids" for Resurfacing of Restroom Floors in six City Parks, to be funded from Funds 40, 41,43 and 47. RESOLUTION NO. 00-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RESURFACING OF RESTROOM FLOORS IN SIX CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D8. Approval to adopt the amended budget for Fiscal Year 199912000. D9. Approval of League of California Cities Fiscal Reform Resolution. RESOLUTION NO. 00-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE LEAGUE OF CALIFORNIA CITIES AND THE CALIFORNIA STATE LEGISLATURE ADOPT CERTAIN GUIDING PRINCIPLES WHEN SUPPORTING AND ENACTING STATE/LOCAL FISCAL REFORM MEASURES D10. Approval of Initiation of Formation Proceedings for Landscape Maintenance District No. 9 for Tracts 15911 and 15912, located north of Base Line Road on both sides of East Avenue, submitted by Ryland Homes, and for Tracts 15711-1 and 15711-2, located north of Foothill Boulevard, east of Etiwanda Avenue, south of the Interstate 15 Freeway and west of East Avenue, submitted by RC Homes. City Council Minutes May17,2000 Page 5 RESOLUTION NO. 00-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT RESOLUTION NO. 00-080 A RESOLUTION OF THE CITY COUNIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE FORMATION OF AND LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 9 RESOLUTION NO. 00-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN SUCH DISTRICT, SE'FI'ING A TIME AND PLACE FOR PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEEDINGS D11. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for DR 99-46, located on the southwest corner of 6th Street and Hermosa Avenue, submitted by Cabot Industrial Properties, L.P. RESOLUTION NO. 00-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-46 RESOLUTION NO. 00-083 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 99-46 D12. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 99-53, located on the west side of Anaheim Place and Azusa Court, submitted by Fairway Business Centre, LLC, a California Limited Liability Company. City Council Minutes May 17, 2000 Page 6 RESOLUTION NO. 00-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-53 RESOLUTION NO. 00-085 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 99-53 D13. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 99-59, located on the northwest corner of 7th Street and Toronto Avenue, submitted by Oxmoor II, Inc. RESOLUTION NO. 00-086 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 99-59 RESOLUTION NO. 00-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-59 D14. Approval of License Agreement between San Bernardino Associated Governments (SANBAG) and the City of Rancho Cucamonga (CO 00-032) for the Underground Storm Drain Crossing across the SANBAG Property (Baldwin Park Branch Track), generally located at Haven Avenue 150 feet south of La Vine Street for Tract 13759 by Forecast Group L.P. RESOLUTION NO. 00-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LICENSE AGREEMENT FOR TRACT 13759 STORM DRAIN INSTALLATION AND MAINTENANCE ON SAN BERNARDINO ASSOCIATED GOVERNMENTS' PROPERTY D15. Approval of an Agreement for Installation of Public Improvement and Dedication between East Victoria Villa (CO 00-034) and the City of Rancho Cucamonga for the installation of certain public improvements along a portion of East Avenue and Victoria Street in the City of Rancho Cucamonga., D16. Approval to Accept Improvements, Release the Faithful Performance Bond, Accept a Maintenance Bond, and File a Notice of Completion for Improvements for CUP 97-03, submitted by Ralph Olivas, located at the southwest corner of San Bernardino Road and Red Hill Country Club Drive. City Council Minutes May 17, 2000 Page ? RESOLUTION NO. 00-089 A RESOLUTION OF THE CIITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 97-03 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Dutton to approve the staff recommendations in the staff repods contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No Items Submitted. No Items Submitted. F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS G1. APPROVAL OF A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR CONSTRUCTION OF A PROPOSED STORM DRAIN ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, ACROSS PORTIONS OF A LARGER PARCEL KNOWN AS ASSESSORS PARCEL NO. 0229-041-09, BY EMINENT DOMAIN Jack Lam, City Manager, stated it is requested that this item be continued to June 7, 2000 at 7:00 p.m. in the Council Chambers, located at 10500 Civic Center Drive. RESOLUTION NO. 00-090 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED STORM DRAIN PROJECT MOTION: Moved by Curatalo, seconded by Biane to continue the item to June 7, 2000, 7:00 p.m. in the Council Chambers, located at 10500 Civic Center Drive. Motion carried 4-0-0-1 (Dutton abstained). City Council Minutes May 17, 2000 Page 8 No items submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 12. CONSIDERATION OF CITY COUNCIL'S LIBRARY SUBCOMMITTEE'S RECOMMENDATIONS FOR TERMS EXPIRING JUNE 30TM Staff report presented by Diane O'Neal, Assistant to the City Manager. MOTION: Moved by Biane, seconded by Dutton to approve the subcommittee's recommendation. Motion carried unanimously 5-0 13. REVIEW OF CITY REGULATIONS OF ICE CREAM TRUCKS Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Willjams asked if the Senate Bill goes through does that mean having a local ordinance would be a mute point. Duane Baker, Assistant to the City Manager, stated there are some provisions, which Ontario I discussing that are not inctuded in the State Senate Bill. He stated the State law would supersede those, but stated it wouldn't necessarily invalidate the other. Councilmember Willlares stated that staff could do this accepting the state law and add to it. Duane Baker, Assistant to the City Manager, stated that was correct. Councilmember Biane wanted to thank Councilmember Williams for bringing this up and brought to everyone's attention the purpose of doing this is for children's safety. He felt by using what Ontario has done and what is proposed by Senator Nell Soto through legislation would accomplish this. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Joseph Vasso, Haven View Estates, wanted to try to get the Mayor to sign a form so that FEMA would look into the issue of flooding, etc. up in his area. City Council Minutes May 17, 2000 Page 9 K2. Bill Hawkins, 4987 Ginger Court, stated he had met with the subcommittee of Councilmembers Williams and Biane on an item they were supposed to get back to him on, but he has not heard from anyone yet. He stated he would like an answer if he can build on this property or not. He also mentioned there is a safety concern to the families of the City because of new information that has come to light. He asked that the Council take a look at what is wrong with the position they have previously taken. He asked that the Council do what is right for its residents. He also asked that the Mayor step down and resign or there could be a recall. Joe O'Neil, City Engineer, stated Mr. Hawkins was told by the subcommittee that he could build on his property. Mr. Hawkins stated he was told they would have to do a General Plan Amendment and that they would get back to him. He stated he is not going to do a General Plan Amendment. James Markman, City Attorney, stated he told Mr. Hawkins at the meeting that he wanted to investigate it further to see if a General Plan Amendment is needed or not. He stated he felt there was confusion at the end of the meeting that needed to get straightened out. K3. John Allday, Lauren Development, felt it was wrong for a certain group of residents to threaten the City Council and Mayor with a recall. He felt the latest allegations will be proven wrong and his project will be built. James Markman, City Attorney, stated there is still evidence to support their decision they have made. He stated there is a moratorium ordinance ready if it is felt this area is unsafe. He told the Council they have to consider public safety. He stated everyone takes all of these things seriously. He stated the new information was immediately sent out to the other agencies for verification of what was in the report. Councilmember Dutton stated he knows for a fact that the new information was acted upon immediately and sent to the appropriate parties because he was there when it came in and saw action immediately being taken by staff. Mayor Alexander asked Mr. Markman where the existing lawsuits are. James Markman, City Attorney, stated two or three have been settled through the Court of Appeals and won by the City. He stated the fourth case is still waiting for a decision. Councilmember Biane asked who pays for all of these legal fees. James Markman, City Attorney, stated the first $175,000 to $200,000 was paid by the City and then the developer started picking up the rest of the fees. He added the total cost right now is approximately $725,000. He added the outcome of the lawsuits shows the decision the Council made in the past is correct. City Council Minutes May 17, 2000 Page l0 L. ADJOURNMENT MOTE)IN: Moved by Biane, seconded by Williams to adjourn to a budget workshop to occur on Monday, June 5, 5:30 p.m. in the Tri Communities Room of the Civic Center. Motion carried unanimously 5-0. The meeting adjourned at 8:19 p.m. R ~;pectfully,,,Su~mitt d, City Clerk Approved: June 7, 2000