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HomeMy WebLinkAbout1998/01/07 - Minutes January 7, 1998 CITY OF ~NCHO CUCAMONGA CITY COUNCIL MINUTES Reqiular Meeti13g ,~, CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 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 7:07 p.~m by Mayor VViltiam J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, Redevelopment Agency' Manager; Brad Buller, City Planner; Joe O'Neil, City Engineer;, Joe Stofa, Associate Engineer; Larry Temple, Administrative Services Director; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jennifer Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. AN NOUNCEMENTS,~PRESENTATION,~ B1. Mayor Alexander presented the Proclamation to Sergeant Jerry Davis. B2. Jack Lam, City Manager, stated there is a request to add an executive session to discuss property negotiations located on the south side of Base Liana Road and west of Victoria Park Lane with Linda Daniels negotiating price and terms of payment MOTION: Moved by Biane, seconded by Curatalo to add the executive session as stated by the City Manager. Motion carried unanimously, 5-0. C. COMMUNICATIONS FROM THE PUBLIC Cl. Jeff Mueller, American Die Casting located on Rochester and 8th Street, stated there is work being done on the street near his business and that it is also being widened. He stated he is losing some of his property because of the street improvements. Mayor Alexander asked that a staff report be prepared and come back on the next agenda for further discussion. City Council Minutes January 7, 1998 Page 2 Jack Lam, City Manager, and Joe O'Neil, City Engineer, suggested that Mr. Mueller get together tomorrow to discuss this. D. CONSENT CALENDAR D1. Approval of Minutes: November t9, 1997 (Curatalo absent) December 3, 1997 (Curatalo absent) December 13, 1997 (Special meeting, Alexander absent) December 16, 1997 (Special Meeting) December 17, 1997 (Gutierrez absent) D2. Approval of Warrants, Register Nos. 12/10/97 and 12/17/97 and Payroll ending 11/23/97 and 12/7/97, for the total amount of $1,667,191.05. D3. Approval to destroy records and documents which are no longer required as provided under Government Code Sections 34090 and 34090.5. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. RESOLUTION NO. 98-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTIONS 34090 AND 34090.5. D4. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance Distdct No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for CUP 96-21, located on the northeast comer of Foothill Boulevard and Elm Avenue, submitted by Texaco Refinery and Marketing. RESOLUTION NO. 98-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 96-21 RESOL. UTION NO.. 98-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR CUP 96-21 D5. Approval of a Resolution authorizing the execution and signing of Wardman Bullock Road Purchase and Flood Control Improvement Maintenance Agreement (CO98-001). ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. City Council Minutes January7, 1998 Page 3 RESOLUTION NO. 98-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF WARDMAN BULLOCK ROAD PURCHASE AND FLOOD CONTROL IMPROVEMENT MAINTENANCE AGREEMENT D6. Approval to release the Faithful Performance Bonds, Numbers 415677S and 415678S and accept Maintenance Bonds for Parcel Map 14022, generaliy located on the northwest comer of Foothill Boulevard and Rochester Avenue. Release: Faithful Performance Bond #415677S $237,350.00 Faithful Performance Bond #415678S $772,030.00 Accept: Maintenance Bond #415677S $ 23,735.00 Maintenance Bond #415678S $ 72,703.00 D7. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 15732, generally located on the northwest corner of Base Line Road and Etiwanda Avenue.. Release: Faithful Performance Bone #420092S $865,469.49 Accept: Maintenance Bond #4;20092S $ 86,547.00 RESOLUTION NO. 98-005 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC iMPROVEMENTS FOR TRACT 15732, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D8. Approval for the Mayor to execute a revised Memorandum of Understanding (CO98-002) to extend the time limit for the preparation of a Multi-Species Habitat Conservation Plan (MSHCP) for the San Bernardino Valley. The existing Memorandum terminates on December 31, 1997, the new MOU identifies December 31, 2000, as the target completion date.. ITEM REMOVED FOR DISCUSSION BY LEONNA KLIPSTEIN, SPIRIT OF THE SAGE, W~10 ALSO REQUESTED TO COMMENT ON ITEM 5. MOTION: Moved by Curatalo, seconded by Biane to approve the Consent Calendar with the exception of Gutierrez abstaining from voting on item 2, Curatalo abstaining from voting on the November 19 and December 3 minutes, Alexander abstaining from voting on the December 13 minutes and Gutierrez abstaining from voting on the December 17 minutes, and items 3, 5, and 8 which were removed for discussion. Motion carried unanimously, 5-0. ])I$CIJ$$ION O1~ iTEM 1)3. D3. Approval to destroy records and documents which are no longer required as provided under Government Code Sections 34090 and 34090.5. RESOLUTION NO. 98-001 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTIONS 34090 AND 34090.5. City Council Minutes January 7, 1998 Page 4 Councilmember Williams commented on the building and safety plans listed on pages 14, 15, 16, etc. and wondered if these projects have been completed and if that is why they were being destroyed. Debra Adams, City Clerk, stated the project is complete and that staff is requesting to destroy them which is being done per State law. Councilmember Williams inquired if anyone has ever requested the originals back. She thought it might be a good idea to send out a letter telling the person we are ready to destroy the plans, but that if they want them they can come in and pick them up. Debra Adams, City Clerk stated the owner and/or builder also gets an approved set of plans at the time the project is approved. Brad Buller, City Planner, stated the architect would keep the original of the plans he has created and that if an owner of a building wants a copy he can always go back to the architect to get a copy. DISCUSSION OF ITEM DS & DS, DS: Approval of a Resolution authorizing the execution and signing of Wardman Bullock Road Purchase and Flood Control Improvement Maintenance Agreement (CO98-001). RESOLUTION NO~ 98-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF WARDMAN BULLOCK ROAD PURCHASE AND FLOOD CONTROL IMPROVEMENT MAINTENANCE AGREEMENT DS: Approval for the Mayor to execute a revised Memorandum of Understanding (CO98-002) to extend the time limit for the preparation of a Multi-Species Habitat Conservation Plan (MSHCP) for the San Bernardino Valley. The existing Memorandum terminates on December 31, 1997, the new MOU identifies December 31, 2000, as the target completion date. Councilmember Williams stated there was no map with this and wondered where it was. Joe O'Neil, City Engineer, stated it is Wardman Bullock Road which is north of Wilson Avenue. Councilmember Williams inquired if' this is part. of the City's sphere and has the City made any effort into annexing this into the City. Joe O'Neil, City Engineer, stated the property to the west is in the County and is in the sphere. He stated we would still have this same problem even if this was annexed into the City because it is a right-of-way acquisition problem. Councilmember Williams stated she is just reminding staff they should be checking into annexations along the sphere. Mayor Alexander opened the meeting for public comment on item 5, as requested. City Council Minutes January7, 1998 Page 5 Leonna Klipstein, Conservation Director of Spirit of the Sage Council, stated they had previously commented on the Standard Pacific Tract which is related to this Resolution the Council has before them. She stated the Planning Commission approved the project design despite their objections. She stated the land has been bulldozed and was out there lz3day to find construction workers urinating on the ground instead of using the facilities provided. She stated this bothered her to see it not only bulldozed but to see what the cons~ction worker was doing. She felt it was wrong to approve the project before there are roads to go out to this area. She stated with regards to item 8, the City is supposed to have been doing conservation planning. She felt Standard Pacific is a real example of how the City and County have not abided by the terms and conditions and the agreement of the Memorandum of Understanding for the Conservation Planning process, but now again tonight they are assuming there will be more development in this area that needs to be conserved. The stated she has an objection to this. She felt it would be a real hypocracy if item 8 is approved. She ~t the Resolution needs to be revised or not approved because of the section that assumes they will have future development and that the roads are needed for future development adjacent to the Standard Pacific site. Joe O'Neil, City Engineer, stated this is not an accurate statement that the road was originally designed and incorporated into the tracts that have previously been built. He stated it has always been a part of this project. He stated what he has on the agenda is the acquisition of the road that has always been there. He stated the problem is that a reconveyance was not done and now it is strictly a legal matter. He stated this is why they are handling this in this way. Brad Buller, City Planner, stated the Planning Commission did consider Miss Klipstein's comments but did not support her position that the project should not go forth. Mike VVhite, Standard Pacific, gave the history of the approvals of this project and stated they have been working with the City to develop their plans. He stated they have worked with U.S. Wildlife and U.S. Fish and Game to go over any necessary permits they need relative to habitat issues. He stated they have acquired all the necessary permits relating to this back in the 90's by the Caryn Company. He stated they are completing the development in accordance with the approvals they have already received from everyone. He stated they are in the process of doing nat catcher surveys. He stated they have not cleared the area that hes the coastal sage. He stated all of the other areas were grass land, and they were given approval by U.S. Wildlife to grade them. Leonna Klipstein stated they would like to continue item 8 and felt the public should be able to speak with a public hearing scheduled to do this. She continued to inform the Council about habitat conservation plans. She also referred to a handout she distributed to the Council. She stated the MOU is not consistent with the Endangered Species Act. She asked for the City to develop something else. Brad Buller, City Planner, stated the arguments are of a policy nature, but that this is consistent with previous actions of the City Council. He stated there are 15 cities involved in this. James Markman, City Attorney, stated he felt this is valid and has no opinion on the policy. Councilmember Williams stated this is something she is concerned about. She felt the City might want to take the lead on this. Councilmember Curatalo stated he would like to know what cities have signed the MOU and that if they do not sign it, what is the reason. City Council Minutes January 7, 1998 Page 6 Councilmember Biane stated although he did agree with Councilmember Williams he did feel the City should go ahead and approve this now and get on board. Mayor Alexander closed the meeting for public comment on item 5. MOTION: Moved by Biane, seconded by Williams to approve items D3, D5 and D8. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF SIGN ORDINANCE AMENDMENT 97-03 - CASTILLO COMPANY. INC. - A request to amend the Sign Ordinance by modifying regulations to allow for the identification of subtenants of a major or anchor tenant within shopping centers. Debra J. Adams, City Clerk, read the title of Ordinance No. 586. ORDINANCE NO. 586 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97- 03, AMENDING TITLE 14 OF THE MUNICIPAL CODE TO ADD REGULATIONS FOR THE IDENTIFICATION OF SUBTENANTS OF A MAJOR OR ANCHOR TENANT WITHIN SHOPPING CENTERS WITHIN SECTION 14.20.100 PERMITTED SIGNS - COMMERCIAL AND OFFICE ZONES MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 586 Motion carried unanimously, 5-0.. F. ADVERTISED PUBLIC HEARINGS No Items Submitted. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes January7, 1998 Page 7 L COUNCIL BUSINE,~S I1. REVIEW OF RECREATION VEHICLE CODE (oral) Councilmember Gutierrez stated he spoke with Rick Gomez, Community Development Director, who will be doing some more research on this. He stated there are no regulations where you can park in front of your house for twenty-four hours. Councilmember Williams felt this was already in the code. Duane Baker, Assistant to the City Manager, stated regulations were made so that you could park in your driveway, but not on the street. He added if you do get a ticket and show proof that you do have a regular place to park, the ticket may be dismissed. Councilmember Gutierrez felt the code should be changed so you can park in front of your house for 24 hours if you need to in order to get ready for a trip. He wanted the report to be compared to neighboring cities. Mayor Alexander stated he was not sure RV's should be allowed to park in front if their house. ACTION: To come back on the next agenda for discussion. 12. ROUTE 30 AD HOC TASK FORCE MEETING UPDATE (oral) Staff report Joe O'Neil, City Engineer, who also distributed an information memo to the Council. Mayor Alexander suggested that the task force meeting dates go on Channel 3. Councilmember Gutierrez asked about the SAN BAG community meetings~ Joe O'Neil, City Engineer, stated a schedule has not been set yet. Councilmember Williams felt she would like advice from James Markman, City Attorney, of discussions at the meetings because she felt some of the task force members are getting involved in the negotiations with Caltrans and the homeowners. She wondered if this type of activity could be held against the City. She wondered if unknowingly by a homeowner being at the task force meetings if she has influenced them in any way by some type of gesture, and could that be held against the City. James Markman, City Attorney, stated he did not think it could be held against the City, but felt it does a big disservice to the homeowners who are dealing with Caltrans because of the process they have to go through in the negotiations. Mayor Alexander stated he felt an opinion fror~l his office advising the Task Force members what they should or should not say would be helpful James Markman, City Attorney, stated he would be happy to provide something to them. J, IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City Council Minutes January 7, 1998 Page 8 K. COMMUNICATIONS ~FROM THE PUBLIC Bob Lundy stated they no longer have an office to greet people, but are in Cyberspace. He then referred to material distributed to the Council. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to adjourn to executive session to discuss property negotiations located on the south side of Base Line Road and west of Victoria Park Lane with Linda Daniels negotiating price and terms of payment~ Motion carried unanimously, 5-0. The meeting adjourned at 8:32 p.m. The executive session adjourned at 10:30 p.m. The following action was announced with respect to the executive session: The Council approved unanimously, 5-0, to release its attorney client privilege with respect to the legal opinions regarding Councilmember Rex Gutierrez conflict of interest matters and authorize the City Manager to re~ease these documents. Respectfully submitted, Det)ra J. Adams, CMC City Clerk Approved: February 18, 1998