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HomeMy WebLinkAbout2002/04/17 - Minutes April 17, 2002 CiTY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, April 17, 2002, 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. A~exander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS The following item was added by unanimous vote as an urgency item: B1. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION - SPIRIT OF THE SAGE VS C~TY OF RANCHO CUCAMONGA - PER GOVERNMENT CODE 54956.9(a). C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION tTEMS No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. RECESS The Agency recessed at 6:45 p.m. A Settlement Agreement with Spirit of the Sage was unanimously approved 5-0. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetin.q A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 17, 2002 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:16 p.m. by Mayor William J. Alexander. City Council Minutes April 17, 2002 Page 2 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; James Markman, City Attorney; Linda Daniels, Redevelopment Agency Director; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Rob Bock, Recreation Superintendent; Jerry Grant, Interim Building Official; Joe O'Neil, City Engineer; Michelle Dawson, Management Analyst III; Robed Lemon, Assistant Engineer; Dan Coleman, Principal Planner; Larry Temple, Administrative Services Director; Shelly Munson, Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Chief Dennis Michael and Fire Fighter Sam Spagnolo, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Department; Duane Baker, Assistant to the City Manager; Britt Wilson, Management Analyst II; Kimbedy Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamations to the City of Rancho Cucamonga Youth Basketball Girls Division "B" and "C" for winning the Southern California Municipal Athletic Federation (SCMAF) Championships. Mayor Alexander presented Proclamations to both teams and their members. B2. Presentation of a Proclamation declaring April as Child Abuse Prevention Month. Mayor Alexander presented the Proclamation to Cathy Cimbalo, Director for the San Bernardino County Department of Children Services. B3. A presentation to the City Council by the California Association of School Transportation Officials (CASTO) thanking the Council for their support of CASTO's School Bus Roadeo held annually at the Epicenter Special Event Area. The presentation was made by Willa Steiner, Joan Achuff and Robert Ramos to the City Council. B4. Presentation of a Proclamation in recognition of the Coca Cola Bottling Company's 100th Anniversary. Mayor A~exander presented the Proclamation to Miguel Zepeda and Sharon of Coca Cola. B5. Presentation ora Proclamation in recognition of"National Infant Immunization Week," April 14-20, 2002, and the month of May 2002 as "Toddler Immunization Month." Mayor Alexander presented the Proclamation to Cathy Cimbalo. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. CONSENT CALENDAR D1. Approval of Warrants, Register March 27 through April 3, 2002, and Payroll ending March 24, 2002 for the total amount of $3,244,213.12. City Council Minutes April 17, 2002 Page :3 D2. Approve to receive and file current investment Schedule as of March 31,2002. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Archibald Avenue and 19th Street, southwest corner, Landscape Improvements, to be funded from Beautification Funds, Account No. 11103165650~1318110-0. RESOLUTION NO. 02-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARCHIBALD AVENUE AND 19TM STREET, SOUTHWEST CORNER, LANDSCAPE IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of Arrow Route Pavement Rehabilitation from Grove Avenue to Baker Street, to be funded from Account No. 11763035650/1153176 (Measure I). RESOLUTION NO. 02-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARROW ROUTE PAVEMENT REHABILITATION FROM GROVE AVENUE TO BAKER STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CiTY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to authorize the advertising of the "Notice Inviting Bids" for Arrow Route from Hellman Avenue to west of Archibald Avenue, and Hellman Avenue from Arrow Route to south of Foothill Boulevard Landscape Improvements, to be funded from Beautification Funds, Account Nos. 11103165650/1319110-0 and 11103165650/1320110-0. RESOLUTION NO. 02-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARROW ROUTE FROM HELLMAN AVENUE TO W/O ARCHIBALD AVENUE, AND HELLMAN AVENUE FROM ARROW ROUTE TO S/O FOOTHILL BOULEVARD LANDSCAPE IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to authorize the advertising of the "Notice Inviting Bids" for Phase lA of CFD 01-01, to be funded from Account No. 1612303565011442612-0. RESOLUTION NO. 02-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA FOR PHASE lA OF COMMUNITY FACILITIES DISTRICT 2001-01 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval to authorize the advertising of the "Notice Inviting Bids" for the Lower Hermosa Avenue Phase I (4th to 350' south of 8th) Completion of the Street Widening and AC Surface Course Paving; and Lower Hermosa Avenue Phase 2 (350' south of 8th to north of Railroad) Storm Drain, Street Widening, Traffic Signal and Safety Lighting, Utility Underground and Railroad Grade Crossing Improvements, to be funded from Redevelopment Agency Funds, Account No. 26408015602. City Council Minutes April17,2002 Page 4 RESOLUTION NO. 02-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "LOWER HERMOSA AVENUE PHASE 1 (4TH TO 350' SOUTH OF 8TM) COMPLETION OF THE STREET WIDENING AND AC SURFACE COURSE PAVING; AND LOWER HERMOSA AVENUE PHASE 2 (350' SOUTH OF 8TM TO NORTH OF RAILROAD) STORM DRAIN, STREET WIDENING, TRAFFIC SIGNAL AND SAFETY LIGHTING, UTILITY UNDERGROUND AND RAILROAD GRADE CROSSING IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D8. Approval to authorize the advertising of the "Notice Inviting Bids" for Park Trash Enclosures in the amount of $44,000.00, funded from Account Nos. 1120305-5650/1240-120-0, 1120305-5650/1241-120- 0 & 1120305-5602. RESOLUTION NO. 02-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PARK TRASH ENCLOSURES AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D9. Approval of Change Order No. 2 to CH2MHILL, Inc., for the preparation of a Project Study Report at Arrow Route and the I-15 Freeway, and appropriate $12,000 from fund balance 1124, to Account No. 1124-303-5650/1248124-0. D10. Approval of a Resolution to accept control and maintenance over Highland Avenue between East Avenue and Mulberry Street, to be relinquished by the State of California. RESOLUTION NO. 02-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ACCEPTING CONTROL AND MAINTENANCE OVER HIGHLAND AVENUE BETWEEN EAST AVENUE AND MULBERRY STREET, TO BE RELINQUISHED BY THE STATE OF CALIFORNIA Dll. Approval of a Reimbursement Agreement (CO 02-029) to DPDG Fund I, LLC, for Construction of Wilson Avenue Crossing of Deer Creek Channel for Tract 13851 in accordance with Resolution No. 88- 208, and approval to appropriate $522,273.93 from Fund 22 - "Transportation Development." RESOLUTION NO. 02-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF WILSON AVENUE CROSSING OF DEER CREEK CHANNEL ASSOCIATED WITH THE DEVELOPMENT OF TRACT 13851 D12. Approval of an Application for Grant Funds for a potential Walking Trail/Open Space Project from the State of California Land and Water Conservation Fund Program. City Council Minutes April 17, 2002 Page $ RESOLUTION NO. 02-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR A POTENTIAL WALKING TRAIL/OPEN SPACE PROJECT D13. Approval for the purchase of computer replacement roll-out items under the annual Downstreaming Program as approved in the budget, to include: Thirteen (13) Hewlett Packard 4100DTN Laser Jet printers with envelope feeders and on-site support packs and fifteen (15) Omnibook XE3 notebooks with on-site support packs from MicroAge Computermart of Diamond Bar in the amount of $66,631.52, funded from Fund 1714-001-5605, and transfer appropriation of $10,942.01 from Fund 1714-001-5605 to 1714-001-5300 for support pack Maintenance Agreements. D14. Approval of Reimbursement Agreement (CO 02-030) for Undergrounding of Overhead Utilities for DRCDR00-76, located on the nodh side of 6th Street west of Cleveland Avenue, submitted by Riverside Commercial Investors, URA-018. RESOLUTION NO. 02-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES LOCATED ON THE NORTH SIDE OF 6TM STREET WEST OF CLEVELAND AVENUE D15. Approval of an Improvement Agreement (CO 02-031), Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3b and Street Lighting Maintenance District Nos. 1 and 6 for DRC2001-00275, located on the east side of Helms Avenue between Arrow Route and 9th Street, submitted by Albert and Betty Gutierrez, Trustee of the Gutierrez Family Trust, dated February 26, 1997. RESOLUTION NO. 02-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00275 RESOLUTION NO. 02-126 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 DRC2001-00275 D16. Approval to accept bids received and award and authorize the execution of the Contract in the amount of $26,669.50 ($24,245.00 plus 10% contingency) to the apparent Iow bidder, New West Signal (CO 02-032), for the Modification of Traffic Signals and Safety Lighting at the intersection of Banyan Street and Fredericksburg Avenue, to be funded from Transportation Systems Development funds, Account No. 11243035650, and appropriate funds from Fund 124, Transportation Systems Development fund balance to Account No. 11243035650. City Council Minutes April 17, 2002 Page 6 D17. Approval to accept bids and award and authorize the execution of the Contract (CO 02-033) in the amount of $37,110.70 ($33,737,00 plus 10% contingency) to the apparent Iow bidder, New West Signal, for the Modification of Traffic Signals and Safety Lighting at the intersection of Carnelian Street and LaVine/LaGrande Streets, to be funded from Transportation Systems Development funds, Account No. 11243035650/1281124-0, and appropriate an additional $12,200.00 from Fund 124, Transportation Systems Development fund balance to Account No. 11243035650/1281124-0. D18. Approval of an Agreement (CO 02-034) for the City to acquire an Off-Site Easement Security and Deposit for Tentative Parcel Map 15665, located north of 6t~ Street, east of Day Creek Channel, submitted by Paragon Santa Anita LLC. RESOLUTION NO. 02-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF-SITE PROPERTY, SECURITY AND DEPOSIT FOR TENTATIVE PARCEL MAP 15665, FROM PARAGON SANTA ANITA LLC AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D19. Approval to release Faithful Performance and Labor and Material Bonds and accept replacement Faithful Performance and Labor and Material Bonds for Improvements for Tracts 15711-1 and -2, submitted by RC Homes, LLC, located north and south of Miller Avenue, between East and Etiwanda Avenues. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF A RESOLUTION ADOPTING THE UPDATED GENERAL CITY MASTER PLAN OF DRAINAGE REPORT AND APPROVAL OF A RESOLUTION ESTABLISHING AN UPDATED DRAINAGE IMPROVEMENT FEES FOR ALL DEVELOPMENT WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA (CONTINUED FROM MARCH 20, 2002 - TO BE CONTINUED TO MAY 15, 2002) Jack Lam, City Manager, stated it is requested this be continued to May 15, 2002 in order to allow the proper workshop to take place for this matter. RESOLUTION NO. 02-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES (FOR CALENDAR YEAR 2002) FOR ALL DEVELOPMENTS WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA City Council Minutes April 17, 2002 Page ? RESOLUTION NO. 02-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE UPDATED GENERAL CITY AREA MASTER PLAN OF DRAINAGE REPORT MOTION: Moved by Williams, seconded by Dutton to continue the item to May 15, 2002, at 7:00 p.m. in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried 4-0-0-1 (Biane abstained). G. PUBLIC HEARINGS Gl. CONSIDERATION OF AN ORDINANCE TO REVISE EXEMPTIONS APPLICABLE TO PUBLIC IMPROVEMENTS REQUIRED AS A CONDITION OF APPROVAL FOR DEVELOPMENT APPLICATIONS Staff report presented by Robert Lemon, Assistant Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Alexander stated he was glad to see this was being taken care of. Debra J. Adams, City Clerk, read the title of Ordinance No. 681. ORDINANCE NO. 681 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING EXEMPTIONS APPLICABLE TO REQUIRED PUBLIC IMPROVEMENTS AND AMENDING CHAPTER 12.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTOIN: Moved by Dutton, seconded by Williams to waive full reading and set second reading for May 1,2002. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS I1. TRACT 15915 - BELMONT EQUESTRIAN ESTATES -A review of the request by Brynda Fryan as a representative of the Belmont Equestrian Estates to amend the CC&Rs for Tract 15915 to allow full height private gates across local feeder trails where they intersect public streets - APN: 1089-081-01 through 14 and 1089-071-01 through 22. Staff report was presented by Brent LeCount, Associate Planner. Councilmember Dutton inquired if a trail is closed and it creates a dangerous situation would the property owner be liable. City Council Minutes April 17, 2002 Page 8 James Markman, City Attorney, responded yes. Mayor Alexander opened the item up for public comment. Addressing the City Council were: Clint Young stated he was told this was a private equestrian system when he purchased his home and that it was not to be a feeder trail. He stated he is a proponent of the trail system, but does not feel his area trail should be open to the public. He asked if any of the Council have visited the area. Several Councilmembers responded yes. Ken Douglas felt if someone has a horse and wants to move into an area like this, they should think twice about it before they move there. He felt they should only be allowed to do what the CC&R's allow them to do. Buddy Hearn felt this might be setting a precedent for other trails in the City. He felt the CC&R guidelines should be left as is. He did not feel the residents of this area were concerned about security, but just wanted blockage. Courtney Douglas and Stephanie Voss, members of the 4-H Club felt the General Plan was to connect the trails and felt it should be left as such. They did not feel the access should be denied. They felt the trail system is becoming more and more unfriendly to the horse people. Carol Douglas from the Alta Loma Riding Club felt this would set a precedent that could degrade the trail system. She felt the gates were illegal. She remembered a lawsuit between the City and the Morrow family, and added the City won, which required a trail to be kept open. She stated there is no large amount of crime in this area. She had a petition that she wanted to submit for the record with over 200 signatures. Al Woodson of Belmont Estates felt others should not be allowed to use these trails. He stated they are not restricting the use of the horse trails, but closure of the gates and keeping people out of their backyards. He stated the gates would not keep riders from going from one end of the City to the other. A recess was taken at 8:32 p.m. The meeting was called back to order at 8:37 p.m. with all Councilmembers present. Brenda Fryan, 7055 Isle Coud, stated they want to put gates across their private trails. She stated the petitions stated that the people do not want the trails to be public. She felt the City is playing favoritism and felt the City should do something now before something happens because the trails are open to the public. She felt if the trails are to be open to the public, that they should be in the front of the house as opposed to the back of the house. Bob O'Leary stated he now lives in a horse property and stated he enjoys the trail system. He felt the trails are very important for access. He thanked the City for protecting the trail system. Ali Smilgas talked about the trail system in the City and stated she likes them behind the homes because she felt they were safer. There being no further public input, public comments were closed. City Council Minutes April 17, 2002 Page 9 Mayor Alexander stated if these trails are closed, it will set a precedent. He stated the people that ride the trails are an extra set of eyes for the property owners. He stated he is not convinced that the CC&R's should be changed. Councilmember Button talked about when the General Plan was developed and the public input with regards to this and the trail system. He stated when the City was incorporated it was the intent to keep the three communities as close to their current state as possible. He stated it is good to look at things for possible change, but stated he does not feel there should be a policy change that would affect the whole City. Councilmember Williams felt the trail system is a wonderful thing the City has and did not feel it should be jeopardized. She felt possibly a neighborhood watch program should be developed for this area. She stated she cannot support changing this. Councilmember Biane stated he grew up with horses ~n his family and that was how they got around. He felt this was the vision of our forefathers and felt it should continue. He felt the trail system should be maintained as it is now. Councilmember Curatalo stated she does have horse property, that she loves seeing the horses ride by and does not support changing things. MOTION: Moved by Biane, seconded by Curatalo not to amend the CC&R's and to deny the request. Motion carried unanimously 5-0 12. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 13. CONSIDERATION OF A RECOMMENDATION FROM THE SISTER CtTIES TASK FORCE Staff report presented by Britt Wilson, Management Analyst III. MOTION: Moved by Williams, seconded by Button to form an ad hoc committee to pursue this further and then report back to the Council. Motion carried unanimously 5-0. 14. MOBILE HOME PARK ACCORD UPDATE (Oral) Staff report presented by Duane Baker, Assistant to the City Manager. Mr. Baker stated Sycamore is the only park that has not signed the Accord. He stated staff has been in contact with the owners asking them to sign the Accord. He stated next week the residents will be meeting with the owners, with staff attending, and will hopefully have more news after that meeting. Mayor Alexander stated a letter has been sent stating the City disagrees with the increase they are proposing. Councilmember Biane stated he agrees with the letter that was written and felt the owners of Sycamore should sign the agreement. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Alexander stated he would like another update on the Accord at the next meeting. City Council Minutes April 17, 2002 Page tO K. COMMUNICATIONS FROM THE PUBLIC K1. Clint young stated he would like to see a map of the equestrian system in the Grapevine. Brad Buller, City Planner, referred to a map on the wall and stated this information could go in the next issue. The Council stated they agreed with that idea. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:10 p.m. Respectfully submitted, Debra J. Ad~'~s, CMC City Clerk Approved: May 15, 2002