HomeMy WebLinkAbout2004/08/18 - Minutes August 18, 2004
CITY OF RANCHO CUCAMONGA
CITY COUNCIL CLOSED SESSION MINUTES
II A. CALL TO ORDER ]l
The Rancho Cucamonga City Council held a closed session on Wednesday, August 18, 2004, 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: Rex Gutierrez, Rober~ J. Howdyshell, Donald J. Kurth, M.D., Diane
Williams and Mayor William J. Alexander.
Aisc 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 ITEM(S)
Mayor Alexander announced the closed session items.
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
B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 12401 FOOTHILL BOULEVARD, APN: 0229-
021-58; 1-15 RANCHO PACIFIC LLC AND BILL ANGEL, NEGOTIATING PARTIES, REGARDING
TERMS OF AGREEMENT - CITY
]1 C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) ][
No communication was made on the closed session items.
[] D. CONDUCT OF CLOSED SESSION II
The closed session began at 5:35 p.m.
E. CITY MANAGER ANNOUNCEMENTS AND REPORTS
City Council Minutes
August 18, 2004
Page 2
The closed session recessed at 6:33 p.m. with no action taken.
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meetinq
II ^. I
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 18, 2004, 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 7:12 p.m.
Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane
Williams and Mayor William J. Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Michael Nelson, Senior
RDA Analyst; James C. Frost, City Treasurer; Charles Scott, Senior Information Systems Specialist;
Lorraine Phony, Information Systems Analyst; Joe O'Neil, City Engineer; Mike TenEyck, Administrative
Resource Manager; Brad Buller, City Planner; Trang Huynh, Building Official; Kevin McArdle, Community
Services Director; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Captain Pete
Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection
District; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office;
and Debra J. Adams, City Clerk.
g. ANNOUNCEMENTS/PRESENTATIONS
No announcements/presentations were made.
C. PUBLIC COMMUNICATIONS
C1. Dennis Green, Caltrans Construction Liaison - District 8, wanted to make an announcement about
what would be happening on 1-15 and 1-10 freeways. He stated there would be concrete pavement
replacement on the 1-15 between Sierra Avenue in Fontana to the 1-215 junction. He added the
construction will take approximately six weeks and will start September 13. Mr. Green stated they expect
construction delays of up to 90 minutes during peak commute hours.
Councilmember Kurth stated this will be a terrible problem for motorists.
Mayor Alexander felt it was a mistake to do it as they have planned and wished they would come up with
a better plan through other agencies so this does not create such a traffic problem.
City Council Minutes
August 18, 2004
Page 3
Mr. Green stated they are doing everything possible to make this as easy as possible. He
indicated the Mayor's comments would be taken back to their office. He stated people could call
383-4631 ii they have any questions. Mr. Green also talked about the 1-10 Pavement
Rehabilitation Project which will run from the 1-15 to the L.A. County line. He indicated all of the
work would be done at night and not during the day. He stated this work will not be done until
after the first of the year and be completed in the spring of 2005.
Mayor Alexander asked if the type of concrete they would be using will reduce the traffic noise.
Mr. Green felt the noise would be much less once the concrete is replaced.
John Lyons complained about the traffic around Chaffey College and the parking situation there.
He also mentioned the inconvenience because of all of the construction going on throughout the
City streets. He stated he feels the City is overdeveloping right now. He brought up
Councilmember Kurth's campaign contribution reports and the amount of money coming in from
developers. He felt November should bring a change on the Council. He did not think the City
could handle all of the development and all of the people that will be coming to the City. He
stated he would like there to be a building moratorium and told people to vote "NO" on Kurth and
Howdyshell in the November election.
David Tom, resides above Etiwanda High School, stated on July 4th he lost his pet. He told about
the City's website that can help someone find a lost pet and felt the City should allow advertising
for these types of things on Channel 3. He also displayed a photo of his lost dog.
Mayor Alexander suggested he talk with Kimberly Thomas in the City Manager's office to see what can be
done to help him.
Leslie Grimes stated the recall effort is more than sour grapes. She stated she has never been in
favor of appointments, but felt if someone is going to be appointed they should be the next
runner-up from the election. She stated it is a matter of not trusting. She stated building is going
on and is affecting everybody. She stated when people take campaign contributions from
developers it makes people not trust them because it is the same as accepting a gift. She also
commented on Councilmember Gutierrez's campaign contributions from developers.
Nicole Myerchin talked about the Animeals Program, which is a program directed for seniors with
pets that cannot get out to buy food for them. She stated the County was not interested in this
program, so she went to Dave Moore at the City and now they have the HOPE organization that
is going to help with this program. She stated they would provide food for animals where people
cannot get out and purchase it themselves. She continued to talk about some of the other
services that HOPE provides. She talked about micro-chipping animals and the cost for this.
She felt this would be a good program and that HOPE is willing to assist with this if there are the
funds and the volunteers. She stated people could contact HOPE at 981-1219.
II D. COUNCIL COMMUNICATIONS Il
D1. Councilmember Gutierrez stated he has been at the dog park at the end of East Avenue and stated
he has concerns, but that staff is working with him on some of his issues relating to overly aggressive
dogs and not allowing non-altered dogs in the dog park. He apologized for all of the construction delays
in the City even those that are caused by other agencies. He stated he did not think there would be
thousands of homes built in the wilderness area that was mentioned previously. He stated developers do
have to pay money for services when they develop. He stated Councilmembers Kurth and Howdyshell
are friends of his and he hates to see them being attacked. He stated campaign contributions from
developers are legal.
City Council Minutes
August 18, 2004
Page 4
D2. Councilmember Kurth stated he and Councilmember Williams attended the Chamber's Government
Relations Lunch today. He mentioned the flood control money that was obtained from Supervisor Paul
Biane and added that Supervisor Biane was just elected Chair for SANBAG. He felt this would be good
for our City. He stated Measure I will be coming up again to be voted on and recommended people vote
"YES" for this. He stated the closure of the 1~15 concerns him and felt the City should be able to hold the
contractors accountable to keep the traffic flowing. He asked if information could come back to see what
can be done to keep things moving during the construction.
Jack Lam, City Manager, stated Joe O'Neil, City Engineer, would bring a report back to the Council about
this.
Councilmember Kurth stated he is out in the community talking to people and that they are concerned
about the traffic. He stated they are also asking what can be done to limit multi-family housing units in the
City. He asked if information can come back to see what can be done to limit multi-family housing in the
City.
Jack Lam, City Manager, stated Brad Buller, City Planner, could come back with a report on this.
Councilmember Kurth stated his head goes out to the man that lost his pet. He stated Victoria Gardens
has announced over 100 stores to open in the new mall. He stated he is so proud of the Council for this
accomplishment. He stated the grand opening would be October 28. He stated there is a pre-opening at
Robinson's May for $5.00 per ticket for October 26.
Councilmember Williams stated the Library is selling tickets for this event on October 26. She stated she
just recently returned from New York City and talked about programs they have through the YMCA, which
include aquatics programs. She talked about their Dominican Day Parade and the great event it was.
She stated she visited with Yvette Clark from Brooklyn and stated they have many of the same issues
that Rancho Cucamonga has. She stated she encountered Mayor Bloomberg who told her he has heard
of Rancho Cucamonga.
Councilmember Kurth thanked Nicole Myerchin for being here and talking about "chipping animals" and
raising awareness for this. He stated there would be pain with all of the freeway construction. He
commented on the Chatfey College construction and the process they are going through so they do not
have to bring trucks through City streets. He commended them for their efforts.
Mayor Alexander encouraged everyone to vote for Measure I and that it is imperative that this pass.
II E. CONSENT CALENDAR [
El. Approval of Minutes: July 7, 2004
July 21,2004
July 26, 2004 (Special Meeting)
E2. Approval of Warrants, Register July 27 through August 10, 2004, and Payroll ending August 10,
2004, for the total amount of $5,369,748.69.
EJ. Approve to receive and file current Investment Schedule as of July 31, 2004.
E4. Approval of an appropriation of $1,001,822 to Capital Reserve Acct. No. 10250015300 for the
Environmental Review and Construction of the Emergency Erosion Control Projects necessary in the
wake of the Grand Prix Fire, to be funded from Reserve Fund Balance.
City Council Minutes
August 18, 2004
Page 5
E5. Approval to award designated contracts to the specified sub-contractors, for the construction of the
Rancho Cucamonga Cultural Center Project, totaling $22,052,625 and authorize the expenditure of a
5% contingency for each contract, totaling $1,102,631 to be funded from the following sources: RDA
2001 Tax Allocation Bonds Account No. 2650801-5650/1357650-6314 ($3,176,850); RDA 2004 Tax
Allocation Bonds Account No. 2656801-5650/1357660-6314 ($7,932,535); State Library Grant Funds
Account No. 1310602-5650/1357310-6314 ($5,382,087); City Community Development Block Grant
Funds Account No. 1204314-5650/1388204-6314 ($464,064); County Community Development Block
Grant Funds Account No. 1205301-5650/1357205-6314 ($500,000); and Forest City Participation
Funds Account No. 1615303-5650/1357615-6314 ($5,699,620}; and authorize the appropriation of
$3,176,850 into Account No. 2650801-5650/13575650-6314; $7,932,535 into Account No. 2660801-
5650/1357660-6314; $2,428,937 into Account No. 1310602-5650/1357310-6314; $67,994 into Account
No.1204314-5650/1388204-6314; and $500,000 into Account No. 1205301-5650/1357205-6314.
E6. Approval of a contract amendment (CO 03-090) adjusting the hourly rate for inspection services
provided by Associated Engineers, Inc.
E7. Approval of Payment Agreement by and among the Ontario Redevelopment Agency (CO 04-108)
and the City of Rancho Cucamonga regarding installation of public improvements along 4t~ Street
between Haven Avenue and Milliken Avenue, funds to be appropriated from Transportation and
Beautification in fiscal year 2005/06.
RESOLUTION NO. 04-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PAYMENT AGREEMENT
BY AND AMONG THE ONTARIO REDEVELOPMENT AGENCY AND
THE CITY OF RANCHO CUCAMONGA REGARDING INSTALLATION
OF PUBLIC IMPROVEMENTS ALONG 4TM STREET BETWEEN HAVEN
AVENUE AND MILLIKEN AVENUE
E8. Approval of Reimbursement Agreement by and among the Ontario Redevelopment Agency, the
City of Rancho Cucamonga and Jefferson On Fourth, L.P. (CO 04-109) regarding installation of 60'
storm drain and other related improvements with no City funds involved for Parcel map 16245, located
north of 4t~ Street, west of Milliken Avenue, submitted by Jefferson On Fourth, L.P.
RESOLUTION NO. 04-263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT
AGREEMENT BY AND AMONG THE ONTARIO REDEVELOPMENT
AGENCY, THE CITY OF RANCHO CUCAMONGA AND JEFFERSON ON
FOURTH, L.P. REGARDING INSTALLATION OF 60" STORM DRAIN
AND OTHER RELATED IMPROVEMENTS WITH NO CITY FUNDS
INVOLVED FOR PARCEL MAP 16245
E9. Approval to authorize the execution of a Professional Services Agreement in the amount of
$166,100.00 to Butsko Utility Design, Inc. (CO 04-110), for system planning and design of Stadium
Business Park and Rochester Business Park and continued technical electrical engineering support
within the Rancho Cucamonga Municipal Utility service area to fund $28,700 from
17053035650/1489705-6310, $37,400 from 17053035650/1488705-6310 and $100,000 from
17053035309~
El0. Approval of a contract between the County of San Bernardino (CO 04-111) and the City of
Rancho Cucamonga for $500,000 in County Community Development Block Grant funds for the
construction of the Victoria Gardens Cultural Center and authorization to accept these funds and
appropriate the $500,000 into Account No. 1205000-4740.
City Council Minutes
August 18, 2004
Page 6
Ell. Approval to authorize the execution of a Professional Services Agreement between the City of
Rancho Cucamonga and Pouk & Steinle, Inc, (CO 04-112) for operations and maintenance services for
the City's Municipal Utility Substation and Distribution System not to exceed $510,000.00, to be funded
from Account No.17053035309.
E12. Approval of an agreement between the City of Rancho Cucamonga and Rancho
CucamongaJFontana YMCA (CO 04-113) for use of the Central Park Facility.
E13. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa Horticultural
Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and landscape sites, in the
amount of $1,300,800 te be funded from 1001312-5304 ($7,200), 1001316-5300 ($420,680), 1008316-
5300 ($73,870), 1110316-5650/1481110-0 ($4,000), 1110316-5650/1119110-0 ($35,000), 1130303-
5300 ($226,883), 1131303-5300 ($74,321), 1132303-5300 ($2,150), 1133303-5300 ($302,820),
1134303-5300 ($124,876), 1137303-5300 ($17,000) and 1140303-5300 ($12,000) for fiscal year 2004-
2005.
E14. Approval to execute contract renewals (CO 92-011) with Trugreen Landcare (formerly Golden
Bear Arborists) of Monrovia, California, for the maintenance of City trees, in the amount not to exceed
$477,100 to be funded from 1001316-5300 ($48,690), 1130303-5300 ($184,210), 1131303-5300
($1,050), 1133303-5300 ($500), 1134303-5300 ($150), 1136303-5300 ($300), 1137303-5300 ($350),
1130303-5310 ($51,300), 1131303-5310 ($62,500), 1133303-5310 ($37,000), 1134303-5310 ($13,900),
1136303-5310 ($26,450), 1137303-5310 ($13,650), 1138303-5310 ($20,000), 1139303-5310 ($2,100),
1140303-5310 ($2,350), 1848303-5310 ($12,600) as approved in the fiscal year 2004-2005 budget.
E15. Approval to execute contract renewals (CO 90-143, 90-144, 93-041, 93-080, 02-018) with
Trugreen Landcare of Anaheim, California, for the maintenance of various landscape sites Citywide, in
the amount not to exceed $2,350,913 to be funded from 1110303-5300 ($27,600), 1130303-5300)
($368,400), 1131303-5300 ($1,014,993), 1134303-5300 ($319,220), 1135303-5300 ($1,890), 1136303-
5300 ($244,100), 1137303-5300 ($245,070), 1138303-5300 ($24,500), 1139303-5300 ($19,600), and
1140303-5300 ($85,540) for fiscal year 2004-2005.
E16. Approval of renewal of a Professional Services Agreement for fiscal year 2004/05 with Social
Vocational Services (CO 03-102) for weekly park litter and trash pick-up in the amount of $43,500 with
an option to renew for additional one year periods upon review and confirmation ef pricing and mutual
consent, allowing yearly increases based on the June Consumer Price Index (CPI) and increases for
additional parks, to be funded from Landscape Maintenance District Accounts 1130303-5300 ($4,800),
1131303-5300 ($14,550), 1134303-5300 ($14,550), 1137303-5300 ($3,600), 1140303-5300 ($3,600)
and General Fund Account 1001316-5300 ($2,400).
E17. Approval of a Master Plan Transportation Facility Reimbursement Agreement for construction of
traffic signal at the intersection of Banyan Street and Etiwanda Avenue in connection with development
of Tract 16147, submitted by Pacific Crest Communities, Inc., to be funded from Transportation
Reimbursement Account Ne. 11243035650/1026124-0.
RESOLUTION NO. 04-264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN
TRANSPORTATION FACILITY REIMBURSE- MENT AGREEMENT FOR
THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION
OF BANYAN STREET AND ETIWANDA AVENUE
E18. Approval of Improvement Agreement Supplement and Security for Tract No. 16370, located on the
northwest corner of Church Street and Arbor Lane submitted by Standard PacificNictoria Arbors LLC.
City Council Minutes
August 18, 2004
Page 7
RESOLUTION NO. 04-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT SUPPLEMENT AND SECURITY FOR TRACT NO. 16370
E19. Approval to accept improvements, release the Faithful Pedormance Bond, accept a Maintenance
Bond and File a Notice of Completion for improvements for Tract 14497, located on the west side of
Bluegrass Avenue south of Wilson Avenue, submitted by Standard Pacific Corporation.
RESOLUTION NO. 04-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 14497 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
E20. Approval to accept the Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken
Avenue, Contract No. 04-001, as complete, retain the Faithful Performance Bond as a Guarantee Bond,
release Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and
approve the final contract amount of $269,946.94.
RESOLUTION NO. 04-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE
PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN
AVENUE, CONTRACT NO. 04-001 AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
E21. Approval to release Faithful Performance Bond No. 6024485 in the amount of $453,272.17, for
the East Avenue Street Improvements from Banyan Street to north of 23rd Street, Contract No. 03-018.
E22. Approval of Improvement Agreement, Improvement Securities and Monumentatioe Cash Deposit
for Tract 16335, located on the east side of East Avenue, north of Base Line Road, submitted by KB
Home Greater Los Angeles, Inc., and release of previously submitted Improvement Agreement,
Improvement Securities and Monumentation Cash Deposit accepted by City Council on December 3,
2003, from APHRCK, LLC.
RESOLUTION NO. 04-268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION
CASH DEPOSIT FOR TRACT 16335 AND RELEASING THE
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND
MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY
CITY COUNCIL ON DECEMBER 3, 2003
E23. Approval of Improvement Agreement and Improvement Security and Ordering the Annexation to
Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 tor
DRC2002-00018 located at the southwest corner of Haven Avenue and Alta Loma Drive submitted by
Panorama Development.
RESOLUTION NO. 04-269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00018
City Council Minutes
August 18, 2004
Page 8
RESOLUTION NO. 04-270
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 DRC2002-00018
E24. Approval to accept the Beryl Community Trail from Hillside Road to north of Almond Street,
Contract No. 04-022, as complete, retain the Faithful Performance Bond as a Guarantee Bond, release
Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the
final contract amount of $80,550.29.
RESOLUTION NO. 04-271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE BERYL COMMUNITY
TRAIL FROM HILLSIDE ROAD TO NORTH OF ALMOND STREET,
CONTRACT NO. 04-022 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Kurth, seconded by Howdyshell to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried unanimously 5-0.
Earl Anderson, Bella Vista, wanted to thank the Council for helping to find the funding for their street
which was approved in item E4. He also thanked the staff for their work on this.
I F. CONSENT ORDINANCES
Fl. CONSIDERATION OF AN ORDINANCE ADOPTING REGULATIONS APPLICABLE TO
VEHICULAR CRUISING, AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE
Debra J. Adams, City Clerk, read the title of Ordinance No. 731.
ORDINANCE NO. 731 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS APPLICABLE
TO VEHICULAR CRUISING, AND AMENDING THE RANCHO
CUCAMONGA MUNICIPAL CODE
MOTION: Moved by Kurth, seconded by Williams to waive full reading and approve Ordinance No. 731.
Motion carried unanimously 5-0.
F2. CONSIDERATION OF AN ORDINANCE FINDING AND DECLARING THAT DESIGNATED
PRIVATE ROADS TO VICTORIA GARDENS, AND PARKING STRUCTURES THEREIN, SHALL BE
SUBJECT TO SPECIFIC PROVISIONS OF THE CALIFORNIA VEHICLE CODE
Debra J. Adams, City Clerk, read the title of Ordinance No. 732.
ORDINANCE NO. 732 (second reading)
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FINDING AND DECLARING THAT
DESIGNATED PRIVATE ROADS TO VICTORIA GARDENS, AND
PARKING STRUCTURES THEREIN, SHALL BE SUBJECT TO
SPECIFIC PROVISIONS OF THE CALIFORNIA VEHICULAR CODE
City Council Minutes
August 18, 2004
Page 9
MOTION: Moved by Kurth, seconded by Williams to waive full reading and approve Ordinance No. 732.
Motion carried unanimously 5-0.
I1 G. ADVERTISED PUBLIC HEARINGS I
No items submitted.
H1. CONSIDERATION OF AN ORDINANCE TO REVISE REGULATIONS PERTAINING TO
NUISANCE ABATEMENT1 AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE,
AND DECLARING THE URGENCY THEREOF RELATED TO STAGNANT WATER
A staff report was presented by Mark Salazar, Code Enforcement Supervisor.
Councilmember Gutierrez inquired how this would be enforced.
Mark Salazar, Code Enforcement Supervisor, stated it would be enforced through Vector Control as they
are taking on this responsibility. He stated they would be working very closely with the City.
Trang Huynh, Building Official and Boardmember for the West Valley Mosquito and Vector Control
District, talked about the working relationship between the City and the Vector Control District. He stated
it iF their goal to abate this problem.
Mayor Alexander opened the meeting for pubtic hearing. Addressing the City Council were:
John Lyons felt the problems with the green swimming pools need to be taken care of within
twenty-four (24) hours once a problem has been determined.
Carol Douglas, Alta Loma Riding Club, stated she read an article in a newsletter about preventing
situations that could relate to the West Nile Virus. She stated there are products that can be
purchased that can help avoid mosquito problems.
There being no further input, the public hearing was closed.
Debra J. Adams, City Clerk, read the title of Ordinance No. 733.
ORDINANCE NO. 733 (first .....,4;,.,.~, ~-~,,.~ (urgency)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVISING REGULATIONS PERTAINING
TO NUISANCE ABATEMENT, AMENDING TITLE 8 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE, AND DECLARING THE URGENCY
THEREOF
City Council Minutes
August18,2004
Page10
MOTION: Moved by Kurth, seconded by Williams to waive full reading and approve Urgency Ordinance
No. 733. Motion carried unanimously 5-0.
H2. CONSIDERATION OF AN ORDINANCE REVISING REGULATIONS PERTAINING TO
POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN CITY PARKS, AND
AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
A staff report was presented by Kevin McArdle, Community Services Director.
Councilmember Williams asked if the City has to post anything that alcohol is being served near a
neighborhood.
Kevin McArdle, Community Services Director, stated there are no posting requirements for this, and that
this only applies to a business if they are getting a business license for that establishment. He added in
the case of an alcoholic consumption event at a park, a one-day, temporary alcoholic license, would be
issued by the Alcoholic Beverage Control Board, which does not include posting requirements.
Councilmember Howdyshell asked if this is consistent with other senior centers.
Kevin McArdle, Community Services Director, stated yes, but that the Ordinance is needed to change this
to be allowed for parks.
Mayor Alexander mentioned there is winery on Base Line, where there is a park atmosphere and where
they do consume alcoholic beverages at this location for various events. He asked if there are other
communities that do this and do we have a lot of requests from the community to have events because
they can't avail themselves to other venues.
Kevin McArdle, stated they do receive a tremendous number of requests from the community and that the
staff did a survey to try to come up with the number of requests they receive each month for facilities that
serve over 200 people. They estimated they receive approximately 70 to 90 requests each month for a
facility that does allow alcohol. He stated the City has done a survey through the League of California
City's List Serve and asked cities if they have facilities that serve 200 or more people that is available for
public rental, and that if they do would they allow alcoholic beverages. He indicated of the 39 cities that
responded to their email survey, 34 of the 39 did include facilities that could accommodate 200 or more
people for rental, and of those 34 cities, 29 did permit alcohol consumption.
Mayor Alexander asked if the Chamber supports this.
Kevin McArdle, Community Services Director, stated the Executive Director stated they support the
additional meeting rooms being available, but have not heard from them on the alcohol issue.
Councilmember Williams asked of the 29 cities that permit alcohol, how many of those were in a park.
Kevin McArdle, Community Services Director, stated there was a follow-up survey done of 14 cities in our
geographic area and stated there were 7 of 14 of the buildings in parks.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council was:
City Council Minutes
August 18, 2004
Page 11
Richard Avant, Upland Hills Drive and owner of a business in the City, complimented the Central
Park project and stated it is an asset to the City. He stated he is one of the owners of the
Etiwanda Gardens and added he knows how hard it is to control events where alcohol is being
served. He did not think alcohol was as severe a problem when beer and wine only are being
served. He told the Council he did not think this was as easy as they may think. He stated
events with alcohol do have to be watched very closely. He felt the City would be competing with
the private sector. He stated he has to pay a lot of taxes and fees that the City will not have to
pay. He felt this could put business at a disadvantage. He felt the community center is great, but
disagreed with the City selling alcohol. He stated he realizes the City is trying to generate
revenue by doing this.
There being no further response, the public hearing was closed.
Debra J. Adams, City Clerk, read the title of ordinance No. 734.
ORDINANCE NO. 734 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVISING REGULATIONS PERTAINING
TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES
WITHIN CITY PARKS, AND AMENDING TITLE 12 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
MOTION: Moved by Alexander, seconded by Gutierrez to waive full reading and set second reading of
Ordinance No. 734 for the August 18, 2004 meeting. Motion carried 3-2 (Williams and Kurth voted ne).
II i. CiTY MANAGER'S STAFF REPORTS I
I1. CONSIDERATION OF APPEAL OF HILLSIDE DESIGN REVIEW DRC2003-00961 - LYNNE AND
RENEE MASSEY (CONTINUED FROM JULY 21, 2004)
A staff report was presented by Brad Bullet, City Planner.
Councilmember Gutierrez felt this will help maintain the neighborhood and stated he appreciates the
owner's willingness to work on this with everyone.
Councilmember Williams asked if the Planning Commission could now use this as a guideline for the
future.
Brad Buller, City Planner, stated they can go parcel by parcel and bring up a historical case through
various notes, and this can be used as an example.
Mayor Alexander opened the meeting for public comment. There being no input, public comments were
closed.
Councilmember Kurth thanked everyone for working through this process. He felt it is a solution that
everyone is happy with.
City Council Minutes
August 18, 2004
Page 12
RESOLUTION NO. 04-272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE
PLANNING COMMISSION AND APPROVING HILLSIDE
DEVELOPMENT REVIEW DRC2003-00961, A REQUEST TO
CONSTRUCT A 3,628 SQUARE FOOT SINGLE-FAMILY HOME ON LOT
12 OF TRACT 10035 IN THE LOW RESIDENTIAL DISTRICT (2-4
DWELLING UNITS PER ACRE), LOCATED AT 8045 CAMINO
PREDERA; AND MAKING FINDINGS IN SUPPORT THEREOF - APN:
0207-631-02
MOTION: Moved by Williams, seconded by Howdyshell to approve Resolution No. 04-272. Motion
carried unanimously 5-0.
II J. COUNCIL BUSINESS
J1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE
Councilmember Williams stated on page 182, there is reference to an upscale steakhouse at the
Etiwanda Railway Station properly.
Brad Buller, City Planner, stated it was an inquiry that was made, but felt it was a long way off.
ACTION: Repod received and filed.
[I K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I
K1. Councilmember Howdyshell stated he would like a report on the West Nile Virus and any mitigation
that has occurred so that we can keep track of what they are doing with this problem.
Il L. PUBLIC COMMUNICATIONS I
L1. Leslie Grimes stated that the campaign statements are public record and can be obtained through
the City Clerk's office. She indicated this is a way for someone to check to see if the loan Councilmember
Gutierrez got from Dan Richards was paid back. She stated she knows campaign contributions are legal,
but felt when thousands of dollars are put into a campaign, you taint a person's viewpoint. She stated
anyone could say no to a contribution if they feel it is not the right thing to do. She stated she did have
people asking her to run for Council, but felt she could make more of a difference by getting up at the
Council meetings.
L2. An unidentified man thanked the Mayor for the effort to help the Stachowiak's. He stated the
comments made by Councilwoman Williams about "guidelines" has put them in the position they are in
now. He stated Councilmember Gutierrez did not return his phone calls and did not respond to them. He
again stated "guidelines" hurt them and felt direction should be given to the Planning Commission with a
specific height, which would help a developer.
City Council Minutes
August18,2004
Page13
MOTION: Moved by Kurth, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The
meeting adjourned at 9:10 p.m.
Respectfully submitted
'Debra J. Adams, CMC
City Clerk
Approved: September 2, 2004