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HomeMy WebLinkAbout1998/10/07 - Minutes October 7, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 7, 1998, in the Council Chambers of the Civic Center, located at '10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:31 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatato, Bob Dutton, Diane Williams, and Mayor William J. ~exander. Also present were: Jack Lain, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Jan Reynolds, RDA Analyst; Cathy Wahlstrom, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Sig Dellhime, Management Analyst II; Dave Bievins, Public Works Mtce. Manager; Bob Zetterberg, Integ/Waste Coordinator; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Jim Frost, Treasurer; Tamara Layne, Finance Officer; Kevin McArdle, Community Services Director; Dave Moore, Recreation Supervisor; Deborah Ctark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection Diistrict; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember Paul Biane B. ANNOUNCEMENTS/PRESENTATIONS B 1. Presentation of a Proclamation commending Alta Loma Little League on its District Championship Victory. B2. Presentation of a Proclamation commending Vineyard Little League on its District and Sectional Championship. Doug Morris recognized the team members and coaches for their accomplishments. Mayor Alexander presented proclamations to tlhe A~ta Loma and Vineyard Little Leagues. B3. Presentation of a Proclamation proclaiming October 18 - 24, 1998, as "YWCA Week Without Violence." Proclamation presented to Gayle Curtis. City Council Minutes October 7, 1998 Page 2 B4. Presentation of Proclamations to David Barker and Bill Bethel for their service on the Planning Commission. Mayor Alexander presented proclamations to Dave Barker and Bill Bethel for their service to the City of Rancho Cucamonga. B5. Presentation of GFOA's Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 1997~. A plaque was presented by Jack Lam, City Manager, to Larry Temple, Administrative Services Director, and Tamara Layne, Finance Officer for excellence in financial reporting stating this was their 1 lth year in a row for receiving this award. B6. Presentation by the San Bernardino County Fire Department Household Hazardous Waste Program to Three Staff Members of the City's Household Hazardous Waste Facility. Diane Christianson, Mrs. Wallace and Bob Zetterberg, Integrated Waste Coordinator, presented plaques to Steve, Blane and Bob for their heroic efforts in preventing a disaster. B7. It was announced that there would be an open house recognizing Fire Prevention Week on Saturday, October 10 at the Jersey Fire Station. C. COMMUNICATIONS FROM THE PUBLIC Rex Gutierrez, 11021 Carlow Court commented on the campaign season and felt it has been handled very positively. He invited any candidates to advertise in his paper. He handed to the City Clerk some citizen concerns to be followed up on which are on file in the City Clerk's office~ C2. Gary Kendrick distributed something to the Council which had been written by Mr. Gutierrez on City letterhead pertaining to his congressional campaign. He felt the City Council should have rules for using City stationary and that it should only be used for City business. Jack Lam, City Manager, stated it is pointed out to all of the Councilmembers that stationary is only to be used for City business. C3. John Lyons of Etiwanda, stated he is hear to talk about Rex Gutierrez and stated he is asking the City to take action against Mr. Gutierrez. He reported he has drafted a petition which he read into the record which was asking the City to take legal action against Mr. Gutierrez and to recover the funds spent on him because of his conflict of interest. He stated his target date to complete the petition process is January 1, 1999 and hopes to get 20,000 signatures. C4. Rex Gutierrez stated he felt what Mr. Lyons stated was slanderous and that he did not agree that there was ever a special election held after he resigned. He commented on the investigation being done on him and that he had talked to the Department of Justice who told him there was not an investigation against him. City Council Minutes October 7, 1998 Page 3 Mayor Alexander stated be hoped these conversations would not have to occur until after the November election. C5. Toni Rhodes, 10151 Arrow Route, stated her daughter will have an exhibit at the fire open house on Saturday, October 10~h. D. CONSENT CALENDAR D1. Approval of Minutes: September 14, 1998 (Special Meeting) D2. Approval of Warrants, Register Nos. 9/9/98, 9/16/98, 9/23/98 and Payroll ending 9/3/98 for the total amount of $2,204,830.97. D3. Approval to adopt Annual Statement of Investment: Policy. D4. Approval of an application to designate the Guidera Winery House as an Historic Landmark. The structure was built around 1921 and moved from 12737 Foothill Boulevard to its present site at 9801 Main Street - APN: 0209-062-23. RFSOLUTION NO. 98-181 A RESOLUTION OF I"HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOP, NIA, APPROVING HISTORIC LANDMARK 98-01 TO DESIGNATE THE GUIDERA WINERY RESIDENCE, LOCATED AT 9801 MAIN STREET, AS A LANDMARK- APN: 0209-062-23 D5. Approval to appropriate $48,290 awarded by the California State Library into Library accounts. D6. Approval of street banner applications for' 1998/99. D7. Approval to accept the assumption of liability rider, transferring liability for the Faithful Performance Bonds and Labor and Material Bonds for Tracts 12659 and 12659-4, located at Eftwanda and Wilson Street, from Fireman's Fund Insurance Company to Safeco Insurance Company of America, submitted by Centex Homes. DS. Approval of Improvement Agreement, Improverl~ent Security, Monumentation Cash Deposit and related agreements for Tract 13812, located on the south side of Summit Avenue, west of Eftwanda Avenue, submitted by Wealth V, LLC, and release of previously submitted Improvement Agreement, Improvement Security, Monumentation Cash Deposit and related agreements accepted by City Council on September 20, 1990 from Watt Homes. City Council Minutes October 7, 1998 Page 4 RESOLUTION NO. 98-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, MONUMENTATION CASH DEPOSIT AND RELATED AGREEMENTS FOR TRACT 13812 AND RELEASING THE IMPROVEMENTAGREEMENT, IMPROVEMENT SECURITY, MON UMENTATION CASH DEPOSIT AND RELATED AGREEMENTS PREVIOUSLY ACCEPTED BY CITY COUNCIL ON SEPTEMBER 20, 1998 D9. Approval to accept improvements, retain the Deed of Trust as a Maintenance Bond and File a Notice of Completion for improvements for 5291 Sapphire Street. RESOLUTION NO. 98-183 A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 5291 SAPPHIRE STREET, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D10. Approval of Developer Real Property Improvement Agreement for the deferred installation of missing public improvements for two (2) years and Improvement Securities for 5625 Hellman Avenue, located north of Wilson Avenue, submitted by Jerry L. Stapp and Saundra Stapp. RESOLUTION NO. 98-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A DEVELOPER REAL PROPERTY IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FROM JERRY L. STAPP AND SAUNDRA STAPP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D 11. Approval to summarily vacate portions of Parcels 1 and 2 of Parcel Map 9349, located on the south side of Strang Lane, east of Carnelian Street ad release of a Real Property Improvement Contract and Lien Agreement, requested by Danny W. Paulson and Earline R. Paulson. RESOLUTION NO. 98-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEA8tNG A REAL PROPERTY IMPROVEMENT OONTRACT AND LIEN AGREEMENT FROM DANNY W. PAULSON AND EARLINE R. PAULSON RESOLUTION NO. 98-186 A RESOLUTION OF "THE C;ITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP 9349 City Council Minutes October 7, 1998 Page 5 D12. Approval to authorize the replacement lease of one (1) Ford Ranger EV Pickup from Fritts Ford of Riverside, California in the amount of $15,553.7'1 and funded from 72-4225-7045. D13. Approval of Improvement Agreement Extension for Tract 14771, located on the north side of Ringstem Avenue and East of Haven Avenue, submitted by the Heights at Haven View Estates, LLC. ITEM REMOVED FOR DISCUSSION BY CITY ATTORNEY MARKMAN. RESOLUTION NO. 98-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,, APPROVING IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 1771 MOTION: Moved by Curatalo, seconded by Williams to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of item 13. Motion carried unanimously, 4-0-1 (Biane). DISCUSSION OF ITEM D13: Approval of Improvement Agreement Extension for Tract 14771, located on the north side of Ringstem Avenue and East of Haven Avenue, submitted by the Heights at Haven View Estates, LLC. James Markman stated Councilmember Dutton would still be abstaining from voting on this matter and that Councilmember Biane was absent. He commented on a letter he has just received from Loeb and Loeb requesting the matter be continued until after the safety issues are resolved. He indicated he disagreed with the letter after reading the municipal code. He stated he recommends the Council approve the Resolution. MOTION: Moved by Curatalo, seconded by Williams to approve Resolution No. 98-187. Motion carried 3-0~ 1-1 (Biane absent, Dutton abstained). No items submitted. No items submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS No items submitted. City Council Minutes October 7, 1998 Page 6 H. CITY MANAGER'S STAFF REPORTS HI. CONSIDERATION OF THE RANCHO CUCAMONGA CHAMBER OF COMMERCE'S BUSINESS EXPO IN THE CITY'S FOUNDERS DAY CELEBRATION Staff report by Kevin McArdle, Community Services Director, who added that Tim Hall of the Chamber of Commerce also agrees with this. MOTION: Moved by Dutton, seconded by Williams to approve staff's recommendation. Motion carried unanimously, 4-0-1 (Biane absent). H2. CONSIDERATION OF THE PARK AND RECREATION COMMISSlON'S RECOMMENDATION REGARDING AMENDING THE RESIDENCY REQUIREMENTS FOR YOUTH TRAVELING TEAMS Staff report by Kevin McArdle, Community Services Director. Councilmember Curatalo asked what "traveling team" means which Mr. McArdle explained to him. Councilmember Williams asked if there was a fee Io play on a traveling team. She asked if the City gets any of the money. Kevin McArdle, Community Services Direct:or, stated yes for the lights used. Councilmember Williams stated she agreed with this and felt they did a good job. MOTION: Moved by Curatalo, seconded by Williams to approve the Park and Recreation Commission's recommendation. Motion carried unanimously~ 4-0-1 (Biane). I,, COUNCIL BUSINESS I1. REVIEW OF CITY'S MUNICIPAL CODE SECTION RCMC 10-44.140 AND CALIFORNIA VEHICLE CODE SECTION 22651 (K) FOR REMOVAL OF A VEHICLE FROM A HIGHWAY AFTER 72-HOURS OF CONTINUOUS PARKING Staff report presented by Captain Rod Hoops, Rancho Cucamonga Police Department. The Council asked various questions of Captain Hoops regarding the municipal code section that pertains to this. Brian Brock stated he had asked for this matter to be placed on the agenda for a report to be made to the City Council. He gave a detailed history what happened with his vehicle, why he got the ticket and why he felt it was unfair and should not have gotten the ticket to begin with. City Council Minutes October 7, 1998 Page 7 Councilmember Williams stated she would like to get more information from Chief Hoops. She stated she is concerned by how the people answering the phone are handling the customers. She felt the procedures for this kind of thing should be worked oust. Jack Lam, City Manager, stated this is a perfect situation for the tow hearing process to occur and thought Captain Hoops would concur. He felt Captain Hoops should work on the offices procedures for these types of calls. Captain Hoops stated they have reviewed their policy on incoming calls relating to these types of situations. He stated the Police Department will remedy this problem. Mr. Brock thanked the Council for listening to him and for helping with this situation. Councilmember Dutton asked him if he felt the Ordinance was unfair. Mr. Brock stated no he did not think so because he does take pride in his community. He felt possibly there should be two sets of rules for streets and cul-de-sacs. ACTION: Report received and filed. 12. REPORT FROM THE PARK AND RECREATION COMMISSION REGARDING THE POTENTIAL ESTABLISHMENT OF A YOUTH ADVISORY BOARD Staff report presented by Kevin McArdle, Community Services Director. Councilmember Williams did not feel it shoutd be called a Youth Advisory Board. She also talked about various boards the County offers to handle this type of thing. Councilmember Dutton stated he felt this should be more of a community group and that the Park and Recreation Commission was headed in the right direction. Gary Bemis suggested it be called "Community Services Resource Network" so that information could be shared in order to help everyone so that what might already be established does not have to be reinvented. Toni Rhodes felt a full range of age groups should be incliuded for input. She felt there was funding available when a group of nonprofits gets together'. She stated she would be willing to work with Gary Bemis on this matter. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items identified for the next meeting. City Council Minutes October 7, 1998 Page 8 K. COMMUNICATI~ONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Williams to adjourn to executive session to discuss: A) Property Negotiations per Government Code Section 54956.8 for Properly located at Rochester, between Foothill Boulevard and Arrow Route; Jerry Fulwood, Deputy City Manager, Negotiating Party, regarding Terms of Payment; and B) Pending Litigation per Government Code Section 54956.9 - CURE vs. City of Rancho Cucamonga. Motion carried unanimously, 4-0-1 (Biane absent). The meeting adjourned at 9:18 p.m. No action was taken in executive session. I~spectfully submitted, Debra J. A~"~ms, CMC City Clerk Approved: November 4, 1998