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HomeMy WebLinkAbout2001/09/05 - Minutes - Regular, ClosedSeptember 5, 2001 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, September 5, 2001, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Craig Fox, Assistant Cit Attorney; and Joe O'Neil, City Engineer. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session items. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON THE WEST SIDE OF DAY CREEK BOULEVARD NORTH AND SOUTH OF BANYAN AVENUE AND ON THE NORTH SIDE OF SUMMIT AVENUE EAST OF DAY CREEK BOULEVARD (APN: 0225-161-45, 0225-101-34 AND -42) OWNED BY INTEX PROPERTIES; NEGOTIATING PARTIES, WILLIAM J. O'NEIL, CITY ENGINEER, AND DAN JAMES, SENIOR CIVIL ENGINEER, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNER - INTEX PROPERTIES - CC The following emergency item was added by a unanimous 5-0 vote. B2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION, HILLSIDE SAPPHIRE VS. CITY OF RANCHO CUCAMONGA, PER GOVENRMENT CODE SECTION 54956.9 - CC COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEM,~ No one was present to comment on the closed session items. Closed session began at 5:35 p.m. CONDUCT OF CLOSED SESSION City Council Minutes September 5, 2001 Page 2 E. RECESS The Council adjourned at 6:45 p.m. No action was taken in closed session. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qu ar Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 5, 2001 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:05 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Craig Fox, Assistant City Attorney; Kevin McArdle; Community Services Director; Paula Pachon, Management Analyst II1: Joe O'Neil, City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Shonda Bello, Planning Aide; Alan Brock, Plan Check Manager/Building; Bob Bowery, Information Systems Manager; Charles Scott, Sr. Information Systems Specialist; Lorraine Phong, Information Systems Analyst; Dawn Haddon, Purchasing Manager; Joan Kruse, Contract Employee; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; Britt Wilson, Management Analyst Ill; Kimberly Thomas, Management Analyst II; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation recognizing Chad Eyerly as the World Soap Box Derby Champion. Captain Rodney Hoops, Rancho Cucamonga Police Department, presented a certificate on behalf of Sheriff Gary Penrod. Mayor Alexander presented a Proclamation to Chad Eyerly congratulating him on his accomplishment. Chad Eyerly wanted to thank his parents for their support and thank his Dad for helping with his car. He hoped to do this again next year and move up to the next division. B2. Presentation of a Proclamation to the following Little League Divisions for the District 21 Championships: · 9-10 Division-Vineyard Little League · Major Division - Vineyard Little League · Junior Division- Alta Loma Little League · Senior Division - Alta Loma Little League · Big League - Rancho Cucamonga Little League City Council Minutes September 5, 2001 Page 3 Mayor Alexander called Doug Morris to the front to help with the presentations. Certificates and a Proclamation were presented. B3. Presentation of a Proclamation to the following Little League Divisions for the Sectional 7 Championships: · Junior Division - Alta Loma Little League · Senior Division- Alta Loma Little League · Big League - Rancho Cucamonga Little League Mayor Alexander called Doug Morris to the front to assist with the presentations. Certificates and a Proclamation were presented. C. COMMUNICATIONS FROM THE PUBLIC C1. Mrs. William Appel, 9640 Carrari, wanted to talk to the Council about the water that the community is drinking at their homes. She had samples to show the poor quality of the water showing it had a lot of sand in it. She had dirty water filters that the also displayed to the Council. She felt something should be done about the condition of the drinking water in the City. Mayor Alexander stated the City Manager should contact Bob DeLoche of CCWD about Mrs. Appel's concerns. He added he did not think it was possible to have water without some small amount of sand in' it. C2. John Lyons, Etiwanda, stated he likes CCWD water better than any other water he drinks. He talked about the fire in Glacier National Park and felt the area was not being taken care of. D. CONSENT CALENDAR Jack Lam, City Manager, requested item 16 be removed from the agenda and stated it would return at a future meeting. D1. Approval of Minutes: August 1,2001 (Dutton absent) August 15, 2001 (Special Workshop) August 15, 2001 D2. Approval of Warrants, Register Nos. 8/08/01 through 8/22/01 and Payroll ending 8/16/01 for the total amount of $6,366,409.84. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Lower Hermosa Avenue Phase I Utility Underground and Street Light Improvements from 4th Street to approximately 350 feet south of 8th Street, to be funded from RDA Account No. 26408015602. RESOLUTION NO. 01-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "LOWER HERMOSA AVENUE PHASE 1 UTILITY UNDERGROUND AND STREET LIGHT IMPROVEMENTS FROM 4TM STREET TO APPROXIMATELY 350 SOUTH OF 8TM STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes September 5, 2001 Page 4 D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Marine Avenue from Humboldt Avenue to 26th Street and 26th Street from Center Avenue to Haven Avenue, to be funded by AB 2928 Traffic Congestion Relief (Fund 128). RESOLUTION NO. 01-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MARINE AVENUE FROM HUMBOLDT AVENUE TO 26TM STREET AND 26TM STREET FROM CENTER AVENUE TO HAVEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Request for approval to appropriate funds received from the Children and Families Commission for San Bernardino County for a grant for year two funding in the amount of $230,601 for the continuation and expansion of the Youth Enrichment Services (YES) program. (Account No. 1-252-00-4740). D6. Approval of Street Banner Applications and Schedules for Calendar Year 2001/2002. D7. Approval of Voting Recommendations for League of California Cities Annual Conference Resolutions. D8. Approve Change Order No. 1 To Ch2mhill, Inc. for the preparation of a Project Study Report at Arrow Route and the 1-15 Freeway, and appropriate $91,000 from Fund Balance 1124, to Account No. 1124-303-5650-1248124-0. D9. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map No. 15278, located on the southwest corner of London Avenue and Banyan Street, submitted by P.K.T. Propedies, LLC RESOLUTION NO. 01-194 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP NO. 15278 RESOLUTION NO. 01~195 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 PARCEL MAP NO. 15278 D10. Approval Parcel Map 15579, located on the north side of 4th Street, east of Buffalo Avenue, submitted by the Price Company, a California Corporation. RESOLUTION NO. 01-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15579 City Council Minutes September 5, 2001 Page 5 Dll. Approval of Improvement Agreement and Improvement Security for Rancho Etiwanda Revised University Project and University Elementary School (CO 01-074) located at the northwest corner of Summit and Bluegrass (formerly Hanley) Avenues, submitted by Rancho Etiwanda, 685LLC, a Delaware Limited Liability Company. RESOLUTION NO. 01-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA REVISED UNIVERSITY PROJECT AND THE UNIVERSITY ELEMENTARY SCHOOL FRONTAGE IMPROVEMENTS D12. Approval of and authorization to execute an agreement with J.D.C. Inc., of Rancho Cucamonga, CA (CO 01-075) for the Citywide Concrete Repair, Tree Removal and Tree Planting Maintenance Agreement funded from Account 1-001-316-5300 in the amount of $250,000.00. D13. Approval to appropriate $73,794 from prior year's reserves into Account No. 1001302-5300 to fund contract Development Review Services to be provided by Employment Services Incorporated (CO 01-076). D14. Approval accept the bids received and award and authorize the execution of the Contract in the amount of $172,755.00 ($157,050.00 plus 10% contingency) to the apparent Iow bidder, Sierra Pacific Electrical Contracting (CO 01-077), for the Construction of Traffic Signal and Safety Lighting at Milliken Avenue and Vintage Drive, to be funded from Transportation System Development and SB 325 funds, Account Nos. 11243035650/1253124-0 and 11803035650/1237180-0, and appropriate $43,000.00 to Account No. 11243035650/1253124-0 (Transportation Systems Development). D15. Approval to accept the bids received and award and authorize the execution of the Contract in the amount of $71,784.90 ($65,259.00 plus 10% contingency) to the apparent Iow bidder, Grigolla & Sons Construction Co., Inc. (CO 01-078), for Construction of the Access Ramp Improvements generally located on Hermosa and Lemon Avenue, to be funded from Measure I Funds, Account No. 11763035650/1150176-0. D16. Approval to purchase computer hardware and software for the Citywide Downstream Program upgrade and replacement, from Unitek Technology, Inc. (CO 01-079) as the lowest responsible bidder in the amount of $289,801.73 from account 1714001-5605 as approved in the FY 2001/2002 budget. ITEM REMOVED FROM AGENDA. D17. Approval to accept the Almond Trail Drainage improvements from Beryl Street to 1400 west, Contract No. 01-047 as complete, release the Bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the Final Contract amount of $104,528.82. RESOLUTION NO. 01-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WEST, CONTRACT NO. 01-047, AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes September 5, 2001 Page 6 D18. Approval to accept the Arrow Route Cross Gutter Removal and Drainage Improvements and Hellman Avenue Drainage Improvements, Contract No. 01-028 as complete, approval to appropriate $12,139.13 from Measure I Fund Balance to Account No. 11763035650/1264176-0, release the Bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the Final Contract amount of $134,391.33. RESOLUTION NO. 01-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE CROSS GUTTER REMOVAL AND DRAINAGE IMPROVEMENTS AND HELLMAN AVENUE DRAINAGE IMPROVEMENTS, CONTRACT NO. 01- 028 AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item D16. Motion carried unanimously 5-0. El. E. CONSENT ORDINANCES ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2001-00263 - DIVERSIFIED PACIFIC - A request to amend a portion of the Victoria Community Plan from Medium and Medium High Residential (8-14 and 14-24 dwelling units per acre, respectively) to Low Medium Residential (4-8 dwelling units per acre), located at the nodheast corner of Base Line Road and Milliken Avenue - APN: 227-691-01 Debra J. Adams, City Clerk, read the title of Ordinance No. 668. ORDINANCE NO. 668 (second reading). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2001-00263, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM AND MEDIUM -HIGH RESIDENTIAL (8-14 AND14-24 DWELLING UNITS PER ACRE, RESPECTIVELY) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 20.15 ACRES OF LAND, LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-691-01 MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance No. 668. Motion carried unanimously 5-0. E2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REGULATIONS IN THE CITY OF RANCHO CUCAMONGA Debra ,J. Adams, City Clerk, read the title of Ordinance No. 669. City Council Minutes September 5, 2001 Page '7 ORDINANCE NO. 669 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance No. 669. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. LANDMARK DESIGNATION DRC2001-00369 AND NOTICE OF EXEMPTION o JOSEPH AND J. L. WALKER - An application to designate the Krysto Ranch House and property as a Historic Landmark and a request to file a Notice of Exemption under the CEQA Guidelines per Article 19, Section 15308, located at 5917 Archibald Avenue - APN: 201-152-15. Staff report presented by Larry Henderson, Principal Planner. He added that staff has not received any cgrrespondence in opposition to the designation. He also recognized Shonda Bello who had worked on this and stated she is leaving the City to go to school to study historic preservation. Councilmember Biane asked what is the benefit of making this a historic landmark designation. Larry Henderson, Principal Planner, stated it is an honorary designation of the property to acknowledge that it has historical significance to the community. There are certain protections so that any exterior modifications for that landmark require Historic Preservation Commission review, which is an additional process to make modifications. It also allows them to apply for several things, i.e., a CUP for a Iow intensity commercial use which is defined as bed and breakfast stand, flower shop or that kind if thing with Iow activity. He stated granting a CUP is not a given thing either. He said the other benefit is you do quality to request the City Council grant a property tax reduction contract which is pretty typical in our community. He added this could reduce the property taxes by about 50%. Mayor Alexander stated some of the Council has received letters about what kind of activities are taking place at this location. He felt it should be looked at very carefully as to what kind of use is allowed at this location. Larry Henderson, Principal Planner, stated he has talked to people with these same types of concerns. He stated he has told people if there is a code violation to let our Code Enforcement Division know. Councilmember Williams asked if an application is filed for a CUP would this go to the Planning/Historic Preservation Commission. Larry Henderson, Principal Planner, stated yes. He stated if the owner does not like the decision, the matter could be appealable to the City Council. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Bob Pasma, 6009 Burgandy, stated he would like to state his position on this matter. He felt the owners want this to be an historic landmark for personal and business purposes, not for the purpose of preserving history in the City. He felt history is very important, but did not feel this building was something to be called an historic landmark. He felt the owners want to make this a commercial building. He felt a landmark designation should be declined. City Council Minutes September 5, 2001 Page 8 Sheldon & Bonnie Clark, 6027 Burgandy, stated Mr. Pasma addressed their concerns very well. They told about meeting the Walker's and the plans they had for the house. Mrs. Clark stated after talking to them she realized what this would do to their neighborhood and that it concerns them. She felt this property has already been used for a wedding site. Lisa Cascadden stated she has also talked to the Walker's and was told they plan to use this as a wedding chapel and banquet facility. She stated she is concerned about the bridle trail possibly being closed. She stated she was concerned about traffic, trash, noise and foot traffic this would create for their neighborhood. Mrs. Nuzam, 9719 Manzanita, stated she does not have a problem with this being made an historic landmark, but did not agree with the CUP. She stated they had talked to a worker at the property and was told the backyard was going to be a parking lot for a bridal hall. Chris Warner, 5987 Burgandy, stated she was told the owners plan to make this property a wedding business. She asked that this not be approved. Bruce Perry, 9764 Golden, stated he has concerns and agrees with his neighbors. He felt it would probably get the designation, but that they have problems with the idea of the bridal business for this property. He asked that the CUP be denied. Craig Welch, 9715 Sun Flower, felt it was no longer historical because now it is a residence. He felt an environmental impact report should be done before they do anything with this. James Deagalara, stated he submitted a letter to the Planning Commission and wanted it to be part of the record. Brad Buller, City Planner, stated it is in the agenda packet, pages 178 - 180. Craig Fox, Assistant City Attorney, stated it would be part of the record because it is part of the agenda packet. Mr. Deagalara stated the thrust of his input to the Council is that he feels the categorical exemption is wrong according to the law. He felt based on the knowledge, the testimony presented, of the intended use of this property to be a wedding banquet hall which would have traffic and noise, he felt it should be taken out of the realm of a categorical exemption. He felt even though they haven't made an actual application to develop a bridal hall, he felt because of the apparent forseeability, apparent knowledge that this will lead to a subsequent application, they should not do a categorical exemption. He felt the Planning staff has had conversations with the applicant and that they have stated their intentions to them. He felt it was unfortunate that the Walker's were not present tonight so they could be asked what they plan to do with the property. There being no further comments, the public hearing was closed. Councilmember Williams asked if they could approve the landmark designation because of its value, but without the categorical exemption. Larry Henderson, Principal Planner, stated it is the City Attorney's office that recommended it be done this way. Councilmember Williams asked if an EIR would be done. Larry Henderson, Principal Planner, stated yes. City Council Minutes September 5, 2001 Page 9 Councilmember Williams wanted to be sure that an EIR is done and that it is considered as part of the CUP. She felt anything more than a garage should require an EIR. Councilmember Dutton stated he opposes the historic landmark designation being used to get something approved for a commercial use. He said he could not approve the item tonight or wait until the Walker's are present to state what their intentions are. Councilmember Williams stated she agreed with Councilmember Dutton and felt the Walker's should know about the CEQA requirements. Councilmember Curatalo agreed with all of the people that were present and stated she shares their feelings and concerns. Councilmember Biane stated he was concerned about the two families living in this house. Brad Buller, City Planner, stated two families can co-habitate in one home. He stated staff does not know if they are violating building codes unless they are invited in to do an inspection. He stated they have heard from the owners a lot of possible uses they are considering for the property. He felt it would be a good idea to look at some of the properties that have alternative uses for historical structures and see if those have been relatively good neighbors. Councilmember Biane stated he would go on record that he opposes commercial use on this padicular property. Councilmember Williams stated she agrees, but felt the owners should be present before a decision is made. She stated she would like to know if there are any business license applications for this property. Craig Fox, Assistant City Attorney, asked the Mayor to reopen the hearing before the item is continued. Mayor Alexander opened the public hearing. RESOLUTION NO. 01-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2001-00369, DESIGNATING THE KRYSTO RANCH A HISTORIC LANDMARK, LOCATED AT 5917 ARCHIBALD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-152-15 MOTION: Moved by Dutton, seconded by Williams to continue the public hearing to September 19, 2001. Motion carried unanimously 5-0. No Items Submitted. No Items Submitted. G. PUBLIC HEARINGS CITY MANAGER'S STAFF REPORTS City Council Minutes September 5, 2001 Page t0 I. COUNCIL BUSINESS I1. CONSIDERATION OF CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION TO APPOINt DOBBIN LO TO THE LIBRARY BOARD Of TRUSTEES Staff report presented by Jack Lam, City Manager. MOTION: Moved by Dutton, seconded byWilliams to appoint Dobbin Lo. Motion carried unanimously 5- 0. 12. INTRODUCTION TO THE CITY'S INFORMATION TECHNOLOGY MASTER PLAN (ORAL) Jack Lam, City Manager, introduced the item and turned the presentation over to Pamela Easter, Deputy City Manager. Pamela Easter, Deputy City Manager, introduced the core team (City staff) for the project. She also introduced the DeLoitte Touche team (consultant) which would give a power point presentation. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC J1. Councilmember Williams wanted to be sure the cable boxes update would be on the next agenda. J2. Councilmember Dutton stated he would like information on the water issue brought up and felt it should be looked into. Jack Lam, City Manager, stated they would do a memo to the Council about what staff finds out. L. ADJOURNMENT MOTION: Moved by Dutton, seconded by Williams 1o adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:46 p.m. Approved: September 19, 2001