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Home My WebLink About2001/11/21 - Minutes November 21,2001 CiTY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re,qular Meetin,q A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 21, 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 7:11 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; James Markman, City Attorney; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II1: Dave Moore, Recreation Superintendent; Shintu Bose, Deputy City Engineer; Brad Buller, City P~anner; Larry Henderson, Principal Planner, Tom Grahn, Associate Planner; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Ingrid Bruce, GIS/Special Districts Supervisor; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Department; Duane Baker, Assistant to the City Manager; Britt Wilson, Management Analyst III; Kimberiy Thomas, Management Analyst II; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Ceremonial Check Presentation by State Senator Nell Soto for funding towards new Senior Center. Mayor Alexander talked about what Senator Soto has done for the City and her commitment to all cities. Senator Soto presented the City with a check in the amount of $65,000 and talked about how the budget is done for the state. She talked about the "wish list" process cities go through to get various funding for things. She stated due to the redistricting she would not be representing Rancho Cucamonga. B2. Presentation on the Success of the 2001 Harvest Tuesdays Program. Kevin McArdle, Community Services Director, talked about the program that took place over the summer. He added that former Councilmember Jim Curatalo, Sr. had this idea for a farmers market and stated everyone is glad he did, but wished he was here to enjoy it. Mayor Alexander presented the Curatalo family with a commemorative watering can for the idea that Mr. Curatalo, Sr. had. B3. Presentation of a Geographic Information System (GIS) Day 2001 video. Larry Temple, Administrative Services Director, and the GIS staff came forward with Mr. Temple talking about GIS Day. A video was also shown that was taken during this event. B4. Presentation of Geographic Information System (GIS) Day 2001 certificates. Certificates were presented to Kathy Thompson, Jean Weis and Steve Thomas for their participation in GIS Day. City Council Minutes November 21,2001 Page 2 B5. ADDED ITEM - Recognition of John Rovick, better known as "Sheriff John" on the longest-running, locally produced five-day a week program, "The Lunch Brigade". Mayor Alexander talked about the celebration of Mr. Rovick's birthday and commented on his accomplishments. C. COMMUNICATIONS FROM THE PUBLIC C1. Debra Berger, representative of the John Rains House museum, talked about the nostalgic Christmas they would be having there on December 7 and 8 from 5:00 to 8:00 p.m. She stated tours would be given with a minimal fee of $2.00. She continued to talk about the uniqueness of the house. Councilmember Dutton brought up there would be crafts there as well. C2. Gwynn Frost stated last weekend was the annual Chaffey Garcia's open house and commented on its success. She also wanted to say thank you to the City for the holiday baskets that were put together for the needy families for the Thanksgiving holiday. C3. John Lyons of Etiwanda stated he appreciated seeing Senator Soto at the Council meeting. He also thanked the City Clerk for following up on his problems he had at his polling place for the November 6 election. He added he is concerned with the management of the Registrar of voters. C4. Betty Linker of the senior center wanted to thank the City for the flags in front of the senior center. C5. Brenda Fryan, 7055 Isle Court, representing the majority of the Bellmont Estate Equestrian owners, wanted to talk to the Council about erecting fences across their private equestrian accesses. She stated she had been given permission by Doug Norton, the housing superintendent of her tract, to put gates up. She said she was cited by the municipal code stating she could not do this. She stated it is not a feeder trail, and that her CC&R's state the easement is for private equestrian purposes. She added she does not want this to be a public access. She stated she would only be willing to let the City take over this easement if they are willing to take off the liability, maintenance and taxes that she abides by. She stated she realizes the City is not willing to do this, and therefore, it is within her rights to erect the fence on her property. She stated she is asking that this be placed on the agenda so that she and all other parties of this matter can be in attendance to address the Council. C6. Carol Douglas, Alta Loma Riding Club, stated she is concerned with the issue that was brought up by Mrs. Fryan. She stated there are standards and plans for the trails. She asked that the City keep the access open. C7. Vicky Vaughn, Alta Loma Riding Club, stated they have worked many years on keeping the trails open and asked that the Council help them keep it this way. C8. Jim Jebbia, 12753 George, Bellmont Estates, stated when they bought their home they felt the trails would be private access to the homes. He stated there are other issues other than allowing everyone to access the trails with their horses. He stated there are graffiti problems, kids drinking and other liability issues. He stated they do not want to deny the horse clubs access to these areas. He said they only want to deny people access to their backyards. He added he was concerned about the upkeep of the trails because he is responsible for taking care of it. City Council Minutes November 21,2001 Page 3 C9. Ken Douglas stated if we admit that we need to fence these horse trails for security reasons, then the City is going to have to fence horse trails in the entire City. He stated you can't make a security fence just for one tract and you would have to do it for all of the feeder tracts as well. He stated there is liability on any horse trail throughout the City as well as all feeder trails. He stated any debris on a trail is up to each homeowner. C10. John Hullahan stated if there had been fences he would not have lost a go-cart in his backyard. He felt the Council should look at the private and public parts of these trails. Mayor Alexander stated probably everyone on the Council will be up to look at it. Cll. Raul Delgado commented on what had occurred during the announcement and presentation portion of the meeting and stated he agreed with the comments made about Councilmember Curatalo, Sr. He stated he appreciated Senator Soto being present and felt she has done a lot for us. He also wanted to say hello to the kids at Mariposa School. He asked if the City is involved in the Chaffey College agenda. Mayor Alexander stated the City does not have any control over their agenda. D. CONSENT CALENDAR D1. Approve to receive and file current Investment Schedule as of October 31,2001. D2. Approval of Warrants, Register Nos. 10/31/01, 11/07/01 and 11/14/01 and Payroll ending 11/04/01 for the total amount of $690,441.14. D3. Approval of request to make a determination of Public Convenience or Necessity (PCN) DRC2001- 00628 - Arturo Flores - for the issuance of an Alcohol Beverage License (Off-Sale General, Type 21) within a previously approved 4,320 square foot retail liquor store, located at 8939 Foothill Blvd. - APN: 0208-192-07. Relates files: Conditional Use Permit DRC2001-00335 and Variance DRC 2001-00612. RESOLUTION NO. 01-251 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 RETAIL LIQUOR STORE WITHIN AN EXISTING 4,320 SQUARE FOOT BUILDING, LOCATED AT 8939 FOOTHILL BOULEVARD - APN: 208- 192-07 D4. Approval of a request to make a determination of Public Convenience or Necessity (PCN) DRC2001-0067 - Albertson's Express - for the issuance of an Alcoholic Beverage License (Type 20, Off-Sale Beer and Wine) for a proposed convenience store, located at the northwest corner of Foothill Boulevard and Vineyard Avenue - APN: 207-102-49. City Council Minutes November 21, 2001 Page 4 RESOLUTION NO. 01-252 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 LICENSE WITHIN A CONVENIENCE STORE, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-102-49 D5. Approval to adopt Annual Statement of Investment Policy. D6. Approval to appropriate $65,010 in Account No. 10013046035 (Construction Management) for contract inspection services. D7. Approval for the purchase of one (1) International 4300 4X2 Chipper Truck from Dieterich International Truck Sales, of San Bernardino, in the amount of $66,021.12, funded from Fund 1712-001- 5604. D8. Approval for the purchase of one (1) Vermeer BC1000 Brush Chipper from Vermeer-California, of Fontana, in the amount of $25,771.51, funded from Fund 1712-001-5603. D9. Approval to purchase two (2) Message Boards from the manufacturer, Advanced Safety Products of Fallbrook, California, as a single source purchase in the amount of $47,975.10, to be funded from CLEEP Grant Fund Account # 1366702-5603. D10. Approval of Improvement Agreement & Improvement Securities for DR 00-67 on the north side of 4th Street, west of Milliken Ave., submitted by Ironwood Apartments LLC, a Delaware Limited Liability Company. RESOLUTION NO. 01-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DR 00-67 D11. Approval of a Reimbursement Agreement for Traffic Signal Installation on 6th Street and Hermosa th Avenue in conjunction with the development of DR 99-46, located at the southwest corner of 6 Street and Hermosa Avenue, submitted by Cabot Industrial Trust. RESOLUTION NO. 01-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF 6TM STREET AND HERMOSA AVENUE D12. Approval of Map, Improvement Agreement, Improvement Security, Monumentation Cash Deposit & Ordering the Annexation to Landscape Maintenance District No. 4 & Street Lighting Maintenance District Nos. 1 and 4 for Tract Map No. 15174, at the southwest corner of Church St. and Rochester Ave., submitted by KB Homes of Greater Los Angeles. City Council Minutes November 21, 2001 Page 5 RESOLUTION NO. 01-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15174 AND IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 01-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 15174 D13. Approval of a Professional Services Agreement with Tetra Tech, Inc. (CO 01-095) to provide traffic signal and street improvement plans for Base Line Road and the southbound 1-15 freeway on/off ramps in the amount of $149,986 and authorization of 10% contingency to be funded from Account No. 112430356501248124. D14. Approval of Agreement (CO 01-096), Covenant and Conservation Easement regarding City of Rancho Cucamonga Historic Landmark #96-01 - Sam and Alfreda Maloof Foundation for the Fine Ads and Crafts (California Civil Code 815, et seq.) D15. Approval of a Lease Agreement between the City of Rancho Cucamonga and the Etiwanda Historical Society (CO 01-097) to establish a community building use in the Chaffey-lsle House. RESOLUTION NO. 01-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ETIWANDA HISTORICAL SOCIETY RELATING TO THE USE OF THE CHAFFEY-ISLE HOUSE AS A COMMUNITY BUILDING, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 1089-071-26 D16. Approval to accept Improvements, retain the Faithful Performance Bond as a Maintenance Bond, and file a Notice of Completion for Improvements for DR 99-46, submitted by Cabot Industrial Properties, L.P., located on the southwest corner of Sixth Street and Hermosa Avenue. RESOLUTION NO. 01-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-46 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D17. Approval to accept Improvements, release Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 13759, submitted by Forecast Group, L.P., located on the west side of Haven, north of the Southern Pacific Railroad Right-of-Way. RESOLUTION NO. 01-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13759 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes November 21,2001 Page 6 D18. Approval to release the Faithful Performance Bond, Letter of Credit No. RP200067, and Labor and Material Bond, Letter of Credit No. RP221005, for Improvements for Tract 13812, submitted by Wealth V. LLC, located west of Etiwanda Avenue, between Summit and Highland. D19. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 14459, submitted by Alta Loma One and Two, a Joint Venture, located on the southeast corner of Archibald and Lemon Avenues. RESOLUTION NO. 01-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14459 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Dutton, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AMENDING RANCHO CUCAMONGA MUNICIPAL CODE SECTION 9.24.060 PERTAINING TO FACILITY REQUIREMENTS FOR MASSAGE ESTABLISHMENTS Debra J. Adams, City Clerk, read the title of Ordinance No. 555A. ORDINANCE NO. 555A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO THE ISSUANCE OF MASSAGE ESTABLISHMENT PERMITS, AND REVISING CHAPTER 9.24 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Biane to waive full reading and approve Ordinance No. 555A. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS No Items Submitted. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes November 21, 2001 Page I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Repod received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams asked if the horse trail issue would be back. Brad Bullet, City Planner, stated he has talked to most of the people that spoke tonight. He felt possibly the Trails Committee should meet to discuss this and then make a recommendation back to the Council. Mayor Alexander agreed this should go to the Trails Committee. Councilmember Biane stated he would like information about what is in their CC&R's. Councilmember Dutton stated he concurred with Mr. Buller that this should go to the Trails Committee and that this should go to the Planning Commission prior to coming to the City Council. He would like staff to keep the Council appraised on what is going on with this matter. Brad Buller, City Planner, stated they would notify the homeowners and the Alta Loma Riding Club when the next Trails Committee meeting will be. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:18 p.m. Respectfully submitted, ' Debra ,L Ad,a'~, CMC City Clerk Approved: January 2, 2002