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HomeMy WebLinkAbout2002/10/02 - Minutes October 2, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 2, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:06 p.m. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Joe O'Nei~, City Engineer; Brad Bullet, City Planner; Brent LeCount, Associate Planner; Tom Grahn, Associate Planner; Donald Granger, Assistant Planner; John Thomas, Acting Building Official; Dave Moore, Recreation Superintendent; Captain Pete Ortiz, Rancho Cucamonga Police Depadment; Chief Dennis Michael and Battalion Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimbedy Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation by Robert DeLoach, General ManagedCEO, Cucamonga County Water District, regarding Waste Water Treatment Plants. A power point presentation was given by Robed DeLoach. Mayor Alexander stated he hopes to agendize this for a future meeting. B2. Presentation to Assemblyman Bill Leonard in recognition and appreciation of his 24 years of dedicated public service in the California State Legislature. Mayor Alexander expressed the City's appreciation to Assemblyman Leonard for his many years of service on the legislature. Assemblyman Leonard stated he is very proud of Rancho Cucamonga and is proud to have represented it. B3. Presentation of Certificates of Recognition to the members of the Etiwanda High School Eagles Softball Team in honor of their winning the CIF Division 1 Southern Section Championship. Mayor Alexander presented Certificates to the team members and coaches. B4. Presentation of a Proclamation in recognition of the Inland Empire Race for the Cure Month. ITEM CONTINUED TO OCTOBER 16, 2002. BS. Presentation ora Proclamation to honor National Fallen Firefighters Day. Mayor Alexander presented the Proclamation to Paul Lenze. City Council Minutes October 2, 2002 Page 2 B6. Presentation of a Proclamation in recognition of National Fire Prevention Week. Mayor Alexander presented a Proclamation to Kimberly Smith, Fire Administrative Resource Manager. Kimbedy Smith, Fire Administrative Resource Manager, invited everyone to station 4 on Milliken and Jersey for the open house to be held on Saturday, October 3 from 10:00 a.m. to 3:00 p.m.. B?. ADDED ITEM - Presentation by Chamber of Commerce Executive Director, Norm MacKenzie, on 634d anniversary of the Grape Harvest Festival. Norm McKenzie, Executive Director Chamber of Commerce, talked about the Grape Harvest Festival. Dianna Lee-Mitchell, Chair of the Festival, talked about all of the events planned for the October 4, 5, 6 event. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons, Etiwanda, stated he wanted to talk about Rex Gutierrez. He read various articles and flyers about Mr. Gutierrez which referred to his alleged conflict of interest while on the City Council. C2. Rex Gutierrez, 6640 Catania, stated he is very happy to be present tonight to defend himself. He stated the information presented is not correct and that he has never been prosecuted for anything. He told about why he resigned from the Council in 1998 stating he felt it was the right thing to do. He asked that someone from the Council talk to Mr. Lyons so that this does not go on any longer and so Mr. Lyons will not disgrace the City any more. He also added he is seeking a restraining order against Mr. Lyons so he does not go to his house again. C3. Kathryn Wolfe, Casa Volante Mobile Home Park, read a letter dated August 30 which was also sent to the Council. The letter talked about the entrance into her park, which she felt was an unsafe condition because of all of the traffic in front of the park. She wondered how the residents would get out if the front entrance was blocked for some reason. She also mentioned a back access road and asked that it be opened up. James Markman, City Attorney, stated it does appear that the owner does have the responsibility to maintain the back access road for the residents. Mayor Alexander stated staff has been working on this since she brought it to the Council's attention. He stated it is not a simple matter, but it is being worked on and the City is very concerned. C4. Randy Hadin, 6573 De Anza, stated he would like an agenda item for the October 16 meeting regarding a update on Day Creek and Milliken near the new freeway. He stated the homeowners are very concerned that there are no sound walls near them. He added they held a neighborhood meeting about this and that they are ready to come to the October 16 City Council meeting. He stated they are willing to do whatever they can to get a sound wall for this area. Mayor Alexander suggested he get an update from Joe O'Neil, City Engineer about this. Joe O'Neil, City Engineer, stated this issue should be brought up before the Route 30 Task Force, which will be meeting on November 12. He stated he will still be happy to meet with Mr. Hartin. City Council Minutes October 2, 2002 Page 3 C5. Carol Douglas stated she wanted to update the Council on the Upland Colonies project. She stated there has been nothing done to make the buffer any better for the Rancho Cucamonga residents. She stated that Upland has now added four more signs along the freeway so that there are now eight. A recess was taken at 8:08 p.m. The Council reconvened at 8:17 p.m. with all Councilmembers present. D. CONSENT CALENDAR D1. Approval of Minutes: September 4, 2002 D2. Approval of Warrants, Register September 6 through September 24, 2002, and Payroll ending September 12, 2002, for the total amount of $1,895,893.21. D3. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for DRC2001-00345 located at 7576 Etiwanda Avenue, submitted by The Gardens.. RESOLUTION NO. 02-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00345 RESOLUTION NO. 02-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2001-00345 D4. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14495, located on the southwest corner of Wilson Avenue and Day Creek Boulevard, submitted by MBK Homes LTD. RESOLUTION NO. 02-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TACT MAP NUMBER 14495, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14495 City Council Minutes October 2, 2002 Page 4 D5. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14496, located north of Wilson Avenue on the west side of Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 02-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14496, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14496 D6. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 14496-1, located on the northwest corner of Wilson Avenue and Day Creek Boulevard, submitted by Granite Homes. RESOLUTION NO. 02-266 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14496-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 14496-1 D7. Approval of Map, Improvement Agreement, improvement Security, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map No. 15783, located on the west side of Carnelian Street at Vivero Street, submitted by G & D Construction, Inc. RESOLUTION NO. 02-268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15783 AND IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-269 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 15783 City Council Minutes October 2, 2002 Page 5 DS. Approval of Drainage Reimbursements for the Etiwanda Area 9 Master Plan for FY 2001/2002 and appropriate $244,025 for Fund 1126-303-5650/1026126-0. D9. Approval of Reimbursement Agreement for Base Line Frontage Improvements for Tract 16128, located on the north side of Base Line Road at San Carmela, submitted by DR Horton. RESOLUTION NO. 02-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT EXECUTED BY DR HORTON FOR CONSTRUCTION OF IMPROVEMENTS ON BASE LINE ROAD D10. Approval of a request to enter into a Termination Agreement (CO 02-107) for a Lease Agreement between the City of Rancho Cucamonga and AT&T Wireless Services for a Wireless Communication Facility at Heritage Park. Dll. Approval of a request to enter into a Lease Hold Agreement (CO 02-108) at Heritage Park between Cin~lular Wireless and the City of Rancho Cucamonga for the purpose of installing a Wireless Communication Facility for Cingular Wireless Personal Communication Service. D12. Approval to execute an agreement with Chaffey Colle~le Foundation (CO 02-109) to broadcast the Chaffey College Telethon on RCTV-3 October 11-13, 2002. D13. Approval to authorize staff to engage the services of AON Consultin~l (CO 02-110) to provide actuarial and consulting services and authorize the appropriation of $21,500 into Acct. No. 1001001- 5300. D14. Approval to increase the contract award with RMA Group (CO 02-111) related to Phase lA of CFD 2001-01 generally located north of Foothill Blvd., south of Base Line Rd., east of Day Creek Channel, and west of Etiwanda Avenue, to be funded from A]C 1-612-303-5300 (Fund 612 - CFD 2001- 01) for the amount of $22,000.00 ($20,000.00 plus 10% contingency of $2,000.00). D15. Approval of a Professional Services Contract (CO 02-112) with an electrical design consultant, amount not yet determined, for the design of the electrical distribution system to serve the commercial development within the Victoria Arbors area and approval of an appropriation from fund balance in an amount to be determined by October 2, 2002. REMOVED FOR DISCUSSION. D16. Approval for the lease and installation of one (1) modular building from GE Capital Modular Space for the Civic Center Renovation in an amount not to exceed $29,900 and site preparation costs not to exceed $77,000, funded from Acct. 1025-001-5300. D17. Approval to release Maintenance Guarantee Bond for CUP 97-05, located on the northeast corner of Ninth Street and Vineyard Avenue, submitted by Searing Industries. D18. Approval to release Maintenance Guarantee Bond for CUP 98-17, located on the southwest corner of Hermosa Avenue and Arrow Route, submitted by Michael A. Biubribino. D19. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for CUP 98-30, submitted by C & G Construction Company, located on the south side of Feron Boulevard, west of Hermosa Avenue. City Council Minutes October 2, 2002 Page 6 RESOLUTION NO. 02-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-30 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DR 00-25, submitted by Stefan A. Smith, located on the north side of White Birch Drive, east of Elm Avenue. RESOLUTION NO. 02-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00-25 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for CUP 00-33, submitted by Alta Loma Assisted Living LLC, a limited liability company, located on the north side of Nineteenth Street, between Amethyst and Hellman Avenues RESOLUTION NO. 02-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 00-33 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DISCUSSION OF ITEM D15. APPROVAL OF A PROFESSIONAL SERVICES CONTRACT (CO 02-112) WITH AN ELECTRICAL DESIGN CONSULTANT, AMOUNT NOT YET DETERMINED, FOR THE DESIGN OF THE ELECTRICAL DISTRIBUTION SYSTEM TO SERVE THE COMMERCIAL DEVELOPMENT WITHIN THE VICTORIA ARBORS AREA AND APPROVAL OF AN APPROPRIATION FROM FUND BALANCE IN AN AMOUNT TO BE DETERMINED BY OCTOBER 2, 2002. Staff report presented by Joe O'Neil, City Engineer. MOTION: Moved by Dutton, seconded by Williams to approve item D15. Motion carried unanimously 5- 0. MOTION: Moved by Curatalo, seconded by Biane 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. City Council Minutes October 2, 2002 Page ? F. ADVERTISED PUBLIC HEARINGS Fl. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00449 - CITY OF RANCHO CUCAMONGA - A request to add Emergency Shelter Provisions by amending Chapter 17.08 (Residential Districts), Chapter 17.10 (Commercial/Office Districts) and 17.30 (Industrial Districts) of the Rancho Cucamonga Development Code, to determine those conditions and standards where emergency shelter facilities may be located. This amendment is based on the updated General Plan approved October 17, 2002, for which an Environmental Impact Report (EIR)was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Staff report presented by Tom Grahn, Principal 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. 688. ORDINANCE NO. 688 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002- 00449, THE ADDITION OF EMERGENCY SHELTER PROVISIONS BY AMENDING CHAPTER 17.02 (ADMINISTRATION} CHAPTER 17.10 (COMMERCIAL/OFFICE DISTRICTS), AND 17.30 (INDUSTRIAL DISTRICTS) OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO DETERMINE THOSE CONDITIONS AND STANDARDS WHERE EMERGENCY SHELTER FACILITIES MAY BE LOCATED AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Curatalo, seconded by Williams to waive full reading and set second reading of Ordinance No. 688 for the October 16, 2002 meeting. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00443- CITY OF RANCHO CUCAMONGA - A request to add Affordable Housing Incentives/Density Bonus Provisions, Chapter 17.40 of the Rancho Cucamonga Development Code, to provide for the inclusion of density bonus incentives for the development of affordable housing. This amendment is based on the updated General Plan approved October 17, 2001, for which an Environmental Impact Report (EIR) was certified. This project is within the scope of that previously certified EIR and does not raise or create new environmental impacts not already considered in that certified EIR. Staff report presented by Tom Grahn, Principal 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. 689. Councilmember Dutton stated this is a good idea, but hates to see these dollars spent on this instead of redevelopment projects. He felt the state was forcing this on the City. Councilmember Williams stated local control is being taken away from cities. She stated she did not agree with this, but added there could be a lawsuit against the City if we don't comply with certain regulations. City Council Minutes October 2, 2002 Page $ ORDINANCE NO. 689 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002- 00443, THE ADDITION OF AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS, CHAPTER 17.40 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, TO PROVIDE FOR THE INCLUSION OF DENSITY BONUS INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Grace to waive full reading and set second reading of Ordinance No. 689 for the October 16, 2002 meeting. Motion carried unanimously 5-0. F3. SUBAREA 18 SPECIFIC PLAN AMENDMENT DRC2002-00464 - CHARLES JOSEPH AND ASSOCIATES - An amendment to the Subarea 18 Specific Plan (Empire Lakes) to establish criteria for Senior Housing development and to allow Senior Housing within Planning Area VIII (Office/Industrial/Mixed Use Commercial), located at the southwest corner of Milliken Avenue and 6th Street. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update cedified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs, and the previously certified EIRs adequately describe the activities for the purposes of CEQA. Staff report presented by Brent LeCount, Principal Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Chuck Buquet, Charles Joseph Associates, stated he had delivered materials to the Council about KISCO. He stated this is a high quality project and felt it is a perfect mix for this area. He also talked about the reputation of KISCO stating they are the Nordstrom of Senior Housing. He stated he wanted to clarify the parking situation and added the parking was not going to be reduced, and would not jeopardize the project. He stated it is still greater than what the City requires for this type of project. There being no further comments, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 690. ORDINANCE NO. 690 (first reading) AN ORDINAN~3E OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2002-00464, AN AMENDMENT TO THE SUBAREA 18 SPECIFIC PLAN (EMPIRE LAKES) TO ESTABLISH CRITERIA FOR SENIOR HOUSING DEVELOPMENT AND TO ALLOW SENIOR HOUSING WITHIN PLANNING AREA VIII, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TH STREET AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 690 for the October 16, 2002 meeting. Motion carried unanimously 5-0. City Council Minutes October 2, 2002 Page 9 G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF FUNDING FOR EXPANSION OF THE SENIOR TRANSPORTATION PROGRAM PARTNERSHIP BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA YMCA AND AUTHORIZE THE APPROPRIATION OF $11,000 OUT OF THE GENERAL FUND CAPITAL RESERVES INTO ACCOUNT NUMBER 1025001-5650/1332204-0. Staff report presented by Dave Moore, Recreation Superintendent. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: Dianna Lee-Mitchell thanked the City Council for this program. Don Carroll, President of the VIP Club, thanked the Council for their help and assistance. MOTION: Moved by Williams, seconded by Curatalo to approve the budget appropriation as indicated in staff's recommendation. Motion carried unanimously 5-0. Councilmember Dutton added this is a great program and stated the operational costs are paid by the YMCA. I. COUNCIL BUSINESS I1. LEGISLATIVE UPDATE (Oral) Councilmember Williams reported on Proposition 40, Park Bond Act, stating it was recently signed. She stated the Rancho Cucamonga Redevelopment Agency was hit with a $1.4 million loss from the State. She mentioned libraries were also hit and that our Library lost $105,000. She reported that VLF is still in limbo at this time, but added it would be horrible if the City loses this money. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes Qctober 2, 2002 Page l0 L ADJOURNMENT MOTION: Moved by Dutton, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:55 p.m. submitted, Debra J. Ad~k Approved: November 6, 2002