HomeMy WebLinkAbout1999/06/02 - Minutes June 2, 1999
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, June 2, 1999, in the
Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California.
The meeting was reconvened at 7:16 p.m. by Mayor William J. Alexander.
Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Willjams, and Mayor
William J. Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda Daniels, RDA Director;
Jan Reynolds, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Dan
Coleman, Principal Planner; Brent LeCount, Associate Planner; Joe O'Neil, City Engineer; Bob Zetterberg,
Integrated Waste Coordinator; Bill Makshanoff, Building Official; Larry Temple, Administrative Services
Director; Ingrid Blair, GIS/Special District Supervisor; Kevin McArdle, Community Services Director; Dave
Moore, Recreation Superintendent; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael,
Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of the American Planning Association's National 1999 Public Education Award for the
Kids Neighborhood Workshop.
Avideo was presented regarding this program. Dan Coleman, Principal Planner, presented the award from
the APA to the Mayor and Council.
B2. Presentation from the American Public Works Association (Riverside/San Bernardino Branch) for
the 1999 project of the year--Spruce Avenue Skate Park.
Joe O'Neil, City Engineer, presented the award to the Mayor and City Council.
B3. Presentation from the CAL/PEA, HHW/Used Oil Program for the 1999 Excellence Award, and the
1999 Picric Acid Award in the City of Rancho Cucamonga.
Bob Zetterberg, Integrated Waste Coordinator, presented the award to the Mayor and City Council.
City Council Minutes
June 2,1999
Page 2
C. COMMUNICATIONS FROM THE PUBLIC
C1. Hugh McEachern, Charter Cable, informed the Council he will be transferring to the high desert. He
also indicated that Bob Brown will be the new representative and City contact for Rancho Cucamonga.
Mayor Alexander and Councilmember Williams stated they are very sorry that Charter is taking Mr.
McEachern away and that they did not support this decision.
Councilmember Biane stated he is sorry to see Mr. McEachern leave.
Councilmember Curatalo concurred.
D. CONSENT CALENDAR
D1. Approval of Minutes: April 21, 1999
May 5, 1999
D2. Approval of Warrants, Register Nos. 5/12/99 and 5/19/99 and Payroll ending 5~9/99 for the total
amount of $1,561,090.78.
D3. Approval to amend rates charged by Richards, Watson & Gershon for legal services (CO 86-055).
D4. Approval forAppropriation of$121,382.19 from Fund 72-4225-7045, the Vehicle Replacement Fund,
to Fund the Purchase of Capital Replacement Vehicles for Fiscal Year 1998-99.
D5. Approval of a Resolution accepting an offer Lot "C" for street purposes, offered to the County of San
Bernardino (now City of Rancho Cucamonga) on Tract Map 6939, located north of Ruby Avenue, south of
Base Line Road.
RESOLUTION NO. 99-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING LOT "C" FOR STREET PURPOSES,
DEDICATED ON TRACT MAP 6939 LOCATED NORTH OF RUBY AVENUE,
SOUTH OF BASE LINE ROAD
D6. Appr~va~~fRes~~utl~nestab~ishinganannua~~evywithintheAssessmentDistrict93-~1~MasiP~a~a~
at the southwest corner of Rochester Avenue and Foothill Boulevard and Drainage Area No. 91-2 (Day
Canyon Drainage Basin) without an increase to the current rate.
RESOLUTION NO. 99-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RE-AUTHORIZING LEVY OF AN ASSESSMENT
SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF
ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS
D7. Approval of a Resolution to set annual benefit assessments for Drainage Area No. 91-2 (Day
Canyon Drainage Basin)
City Council Minutes
June 2,1999
Page 3
RESOLUTION NO. 99-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE
FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA
NO. 91-2 FOR FISCAL YEAR 1999/2000 AND DETERMINING AND IMPOSING
SUCH BENEFIT ASSESSMENT
D8. Approval of a recommendation from the Park and Recreation Commission for a light variance
request for an all-star tournament hosted by AIta Loma Little League and Citrus Little League on July 5-21,
1999, at Heritage and Red Hill Community Parks.
D9. Approval of the Improvement Agreement and Improvement Security for interior streets and storm
drain improvements, from Base Line Road to Victoria Park Lane, related to Tentative Tract 15875, generally
located at the nodheast corner of Base Line Road and Day Creek Boulevard, submitted by Kaufmann and
Broad of Southern California, Inc., a California Corporation.
RESOLUTION NO. 99-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND
IMPROVEMENT SECURITY FOR INTERIOR STREET AND STORM DRAIN
iMPROVEMENTS, RELATED TO TENTATIVE TRACT MAP 15875
D10. Approval to purchase Microsoft Client Access License and Microsoft Upgrade Advantage License
for annual renewal from Compusa through the State of California Multiple Award Schedule, Procurement
Division, 1999 Contract, 3-97-00-0157a, in the amount of $83,200 from Account 01-4161-6028 and in the
amount of $21,100 from Account No. 01-4161-3900 as approved in FY 1998/99 Amended Budget.
D11. Approval to award and authorize the execution of the Contract (CO 99-059) for the construction of
the Summit Avenue Improvements, from East Avenue to 1000' east of East Avenue, to Laird Construction
in the amount of $145,697.75 ($132,452.50, plus 10% contingency) to be funded from Proposition 111,
Account No. 10-4637-9805.
D12. Approval of Improvement Agreement Extensions for Tracts 12659-2, -3 and -4, located on the
southwest corner of Etiwanda Avenue and 24th Street, submitted by Centex Homes.
RESOLUTION NO. 99-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSIONS AND IMPROVEMENT SECURITIES FOR TRACTS 12659-2, -3
AND -4
D 13. Approval to accept Improvements, Release the Faithful Performance Bond, Accept a Maintenance
Bond, and File a "Notice of Completion" for Improvements for Parcel Map 14376, located at Rancheria and
Red Hill Country Club Drive, submitted by Longwell investments, Incorporated.
Release: Faithful Performance Bond (L/C) $16,200.00
Accept: Maintenance Bond (L/C) $ 1,620.00
City Council Minutes
June 2, 1999
Page 4
RESOLUTION NO. 99-119
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 14376, AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
D14. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance
Bond, and file a "Notice of Completion" for improvements for Tract 14410, submitted by Centex Homes, a
Nevada General Partnership.
Release: Faith~lPefformance Bond $256,000.00
#111 2732 4140
Accept: Maintenance Bond $ 25,600.00
#1111 2732 4140
RESOLUTION NO. 99-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACT 14410, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
MOTION: Moved by Biane, seconded by Williams to approve the staff recommendations in the staff reports
contained in the Consent Calendar. Motion carried unanimously, 5-0.
E. CONSENT ORDINANCES
No Items Submitted.
F. ADVERTISED PUBLIC HEARINGS
F1. CONSIDERATIONOFENVIRONMENTALASSESSMENTANDTERRAVISTACOMMUNITYPLAN
AMENDMENT 99-01 - LEWIS DEVELOPMENT COMPANY - A request to amend the Tetra Vista
Community Plan to redesignate the land use district for Parcel 1 or Parcel Map No. 14786, from Medium
Residential (8-14 dwelling units per acre) to Elementary School, located at 7889 East Elm Avenue - APN:
1077-042-88.
Staff report presented by Brent LeCount, Associate Planner.
Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was
closed.
RESOLUTION NO. 99-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN
AMENDMENT99-01,AMENDINGTHETERRAVISTACOMMUNITYPLANLAND
USE MAP TO REDESIGNATE THE LAND USE DISTRICT FOR PARCEL I OF
City Council Minutes
June 2, 1999
Page 5
PARCEL MAP 14786 FROM MEDIUM RESIDENTIAL (8 TO 14 DWELLING UNITS
PER ACRE) TO ELEMENTARY SCHOOL, LOCATED AT 7889 EAST ELM
AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF APN: 1077-042-88
MOTION: Moved by Williams, seconded by Dutton to approve Resolution No. 99-121. Motion carried
unanimously, 5-0.
F2. CONSIDERATION OF INDUSTRIAL SPECIFIC PLAN AMENDMENT 99-01 - CATELLUS - A
request to amend the Industrial Area Specific Plan definition of "Specialty Building Supplies and Home
Improvements" to conditionally permit buildings over 25,000 square feet.
Staff report presented by Brent LeCount, Associate Planner.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council was:
Pam Steel, Castellus & Lowes, stated they agree and support staffs recommendation.
There being no further response, the public hearing was closed.
RESOLUTION NO. 99-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIALAREASPECIFIC PLAN
AMENDMENT 99-01, AMENDING THE INDUSTRIAL AREA SPECIFIC PLAN
DEFINITION OF SPECIALTY BUILDING SUPPLIES AND HOME
IMPROVEMENTS TO CONDITIONALLY PERMIT BUILDINGS OVER 25,000
SQUARE FEET, AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 99-122. Motion carried
unanimously, 5-0.
No Items Submitted.
G. PUBLIC HEARINGS
H. CITY MANAGER'S STAFF REPORTS
H1. CONSIDERATION OF A RECOMMENDATION FROM THE PARK AND RECREATION
COMMISSION FOR A PROPOSED EXPANDED CUSTOMER SERVICE PROGRAM AT CITY FACILITIES
AND IMPLEMENTATION OF PICNIC AREA RENTAL FEE POLICY
Staff report presented by Kevin McArdle, Community Services Director.
Councilmember Curatalo asked if the staff that work would have flexible work schedules.
Kevin McArdle, Community Services, Director, stated they would have flexible schedules depending on what
is going on for the weekend.
City Council Minutes
June 2,1999
Page 6
Mayor Alexander asked if there is something the person renting the picnic area will have so there would be
no mix-up on the day of their event.
Kevin McArdle, Community Services Director, stated the site will be identified and the renter will have a
permit. He also repoded the staff member on duty will have a walkie-talkie if they need to get further
clarification from a supervisor.
Councilmember Williams wanted to make sure there are still picnic facilities someone doesn't have to
reserve.
Kevin McArdle, Community Services Director, stated yes.
MOTION: Moved by Biane, seconded by Williams to approve staff's recommendation. Motion carried
unanimously, 5-0.
H2. CONSIDERATIONOFRESOLUTIONSTOREASSESSTHEPROPERTIESWITHINASSESSMENT
DISTRICTS NOS. 86-2 AND 89-1 AND APPROVING THE REPORT OF THE ASSESSMENT ENGINEER
AND TO APPROVE THE ISSUANCE OF REFUNDING BONDS AND APPROVING THE FORM OF THE
BOND INDENTURE, REASSESSMENT DISTRICT NO. 99-1, AND THE APPROVAL OF A CONTINUING
DISCLOSURE AGREEMENT PERTAINING TO ALL BONDS
Staff repod presented by Jack Lam, City Manager.
Mayor Alexander opened the meeting for public input. There being no response, public comments were
closed.
RESOLUTION NO. 99-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE REPORT OF THE
ASSESSMENT ENGINEER AND CONFIRMING REASSESSMENTS WITHIN
REASSESSMENT DISTRICT NO. 99-1
RESOLUTION NO. 99-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MAKING PRELIMINARY
DETERMINATIONS AND DECLARING INTENTION TO ISSUE
REFUNDING BONDS FOR PROPOSED REASSESSMENT
DISTRICT NO. 99-1, AND ORDERING A REPORT THEREON
RESOLUTION NO. 99-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF REFUNDING BONDS, APPROVING FORM OF BOND
INDENTURE, ACQUIRED OBLIGATIONS PURCHASE AGREEMENT,
CONTINUING DISCLOSURE AGREEMENT, AND AUTHORIZING OTHER
ACTIONS IN CONNECTION THEREWITH
City Council Minutes
June 2,1999
Page 7
MOTION: Moved by Williams, seconded by Biane to approve Resolution Nos. 99-123, 99-124 and 99-125.
Motion carried unanimously, 5-0.
H3. CONSIDERATION OF RESOLUTIONS AUTHORIZING THE ISSUANCE OF SPECIAL TAX
REFUNDING BONDS FOR COMMUNITY FACILITIES DISTRICT NOS. 84-1.88-2, AND 93-3
Staff report presented by Jack Lam, City Manager.
Mayor Alexander opened the meeting for public input. There being no response, public comments were
closed.
RESOLUTION NO. 99-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK
DRAINAGE SYSTEM) OF THE CITY OF RANCHQ CUCAMONGA, AUTHORIZING
ISSUANCE OF SPECIAL TAX REFUNDING BONDS, APPROVING THE FORMS
OFABOND INDENTURE, ACQUIRED OBLIGATIONS PURCHASE AGREEMENT
AND ESCROW AGREEMENT, AND AUTHORIZING OTHER ACTIONS IN
CONNECTION THEREWITH
RESOLUTION NO. 99-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-2 OF THE CITY OF
RANCHO CUCAMONGA, AUTHORIZING ISSUANCE OF SPECIAL TAX
REFUNDING BONDS, APPROVING THE FORMS OF A BOND INDENTURE,
ACQUIRED OBLIGATIONS PURCHASE AGREEMENT AND ESCROW
AGREEMENT, AND AUTHORIZING OTHER ACTIONS IN CONNECTION
THEREWITH
RESOLUTION NO. 99-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 93-3 OF THE CITY OF
RANCHO CUCAMONGA, AUTHORIZING ISSUANCE OF SPECIAL TAX
REFUNDING BONDS, APPROVING THE FORMS OF A BOND INDENTURE,
ACQUIRED OBLIGATIONS PURCHASE AGREEMENT AND ESCROW
AGREEMENT, AND AUTHORIZING OTHER ACTIONS IN CONNECTION
THEREWITH
MOTION: Moved by Biane, seconded by Williams to approve Resolution Nos. 99-126, 99-127 and 99-128.
Motion carried unanimously, 5-0.
City Council Minutes
June 2,1999
Page 8
I. COUNCIL BUSINESS
GENERAL PLAN AMENDMENT POLICIES AND MORATORIUM RECOMMENDATIONS
I1.
Staff repod presented by Brad Buller, City Planner,
MOTION: Moved by Dutton, seconded by Biane to accept the Task Force's recommendations. Motion
carried unanimously, 5-0.
12. REPORT ON CODE ENFORCEMENT ACTIVITY AT 8786 CENTER STREET
Staff report presented by Bill Makshanoff, Building Official, who also presented pictures of the subject
property.
Councilmember Biane asked if staff was invited to get inside.
Bill Makshanoff, Building Official, stated no and that he did not attempt to get inside. He stated Mr. Espinosa
did let them onto the property to inspect the outside.
Mayor Alexander opened the meeting for public comment. Addressing the City Council were:
Mr. Espinosa, who was accompanied by his sister Maria Madinez, talked about the pictures and
explained them from his perspective. He explained why there were no permits for this property.
Councilmember Dutton stated there is a life-safety issue for the people living in these buildings.
Mr. Espinosa stated the plumbing and electrical have been removed.
Councilmember Dutton asked why is someone living in these conditions.
Mr. Espinosa stated one of the people begged his father to let him live there.
Councilmember Dutton stated he appreciate's his fathers generosity, but it is still a life-safety issue and that
is the City's concern. He stated he did not think the City was reacting to this situation.
Mr. Espinosa stated these buildings have been there for a long time and that the plumbing and
electrical were there.
James Markman, City Attorney, stated he did not agree with this. He stated someone has been working with
the electrical and water so that people could live there. He stated the City cannot allow this to continue to
go on. He stated the City has pictures of fixtures recently going in there.
Bill Makshanoff, Building Official, suggested that if his father is not going to use the out buildings why go
through all of this.
Mr. Espinosa felt if the buildings are torn down it will speed up his father's death.
Bill Makshanoff, Building Official felt if this goes to court there is no court that will let people live there in
these unsafe conditions. He stated there is a civil compromise process they could go through to come up
with a solution. HefelttheCitywouldhaveliabilityifthesebuildingsareallowedtoremainandiftheycatch
fire with surrounding buildings catching fire the City would be liable for this.
City Council Minutes
June 2, 1999
Page 9
Mayor Alexander suggested that Espinosa's meet with M r. Makshanoff to see if there is something that can
be done to keep as many of the structures as possible.
Mr. Espinosa felt this would be disruptive to his father's empire.
Bill Makshanoff, Building Official, stated he would schedule another meeting with the City Prosecutor, Mr.
Espinosa and himself to try to work out an agreement before it goes to coud.
Mayor Alexander stated that would be great, but that the City cannot accept liability for their negligence.
Bill Makshanoff, Building Official, commented on the pictures showing the wiring and stated he did not know
if the wiring was active or not because he was not told this.
Jo IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified for the next meeting.
K. COMMUNICATIONS FROM THE PUBLIC
K1. Kelly King talked about some literature she distributed regarding her son's death which is on file in the
City Clerk's office. She felt there should be laws for kids who go to concerts. She stated any current law
is not enforced. She stated she was proud to report her son was not on drugs or alcohol when he was at
the concert right before he died.
Mayor Alexander stated the City Clerk can supply her with a list of school district phone numbers and
contacts if she would like one.
L. ADJOURNMENT
MOTION: Moved by Curatalo, seconded by Biane to adjourn to Thursday, June 10, 1999, 5:30 p.m. for a
workshop to discuss the proposed 1999/2000 budget. The meeting will be held in the Tri-Communities
Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion
carried unanimously, 5-0. The meeting adjourned at 9:00 p.m.
Respectfully submitted,
City Clerk
Appreved: July 21, 1999