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HomeMy WebLinkAbout2000/01/19 - Minutes January 19, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 19, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:05 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Willlares, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, Legal Counsel; Larry Temple, Administrative Services Director; Shelly Munson, Info System Specialist; Lorraine Phong, Info System Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Depadment; Jenny Haruyama, Management Analyst I; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation commending Pete Fotia, the Inland Valley Football Coach of the Year. Proclamation presented to Pete Fotia. B2. Presentation of a Proclamation commending Nick Fotia, the Inland Valley Football Player of the Year. Pete Fotia introduced his son, Nick Fotia. Mayor Alexander presented him with the Proclamation B3. Presentation of a Proclamation commending the Rancho Cucamonga High School Football Team on its recent C.I.F. Division 5 Championship. Mayor Alexander presented the Proclamation to the entire football team from Rancho Cucamonga High School with all team members receiving a copy of the Proclamation. 84. Presentation of a Proclamation recognizing Earth Day 2000. Proclamation presented by Bob Zetterberg, Integrated Waste Coordinator. Bob Zetterberg, Integrated Waste Coordinator, informed the Council about the activities that are planned for Earth Day 2000. City Council Minutes January 19,2000 Page 2 B5. Presentation of the North American Hazardous Materials Management Association (NAHMMA) Award to the City of Rancho Cucamonga and Waste Haulers. Bob Zetterberg, Integrated Waste Coordinator, and Sam Spagnolo, of the Fire District, talked about the SHARPS Program which was the reason for the award. C. COMMUNICATIONS FROM THE PUBLIC C1. Steve Rentoria, 11100 Kenyon talked about the closure on Highland. He did not think this should happen and that it was intolerable. He felt freeway traffic would impact Fairmont. He also talked about the negative impact that would occur because of the high school kids having to travel the freeway to get to school. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 12/22/99 and 12/29/99 and Payroll ending 12/19/99 for the total amount of $2,509,175.18. D2. Approval to receive and file current Investment Schedule as of December 31, 1999. D3. Approval of Alcoholic Beverage Application for Off-Sale General for Albertsons, Inc. (transfer of license), Haven Ave. and Town Center Dr.. D4. Approval of Alcoholic Beverage Application for On-Sale General for Chianti Ristorante Irallano (transfer of license), Baldeesh Kaur Dhaliwal, 8045 Vineyard Ave., Unit 1,2,6, & 7. D5. Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for Round Table Pizza (transfer of license), Phillip Michael Karros, 7201 Archibald Avenue, Suite 8-10. D6. Approval of Alcoholic Beverage Application for Off-Sale General for Discount Liquor Warehouse (transfer of license), Shalu Corporation, 10277 Foothill Boulevard. D7. Approval of the plans and s ecifications for the modification of traffic signals and intersection lighting at Carnelian Street and 19t~3 Street (SR 30) and authorize the advertising of the "Notice Inviting Bids," to be funded from Transportation Systems Development Funds Account No. 22-4637-9811. RESOLUTION NO. 00-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MODIFICATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT CARNELIAN STREET AND 19TM STREET (SR 30) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes January 19, 2000 Page 2, D8. Approval of request for Waiver of Epicenter Expanded Parking Lot Rental Fees for the Local Chapter of the California Association of School Transportation Officials' School Bus Roadeo to be held on March 24 & 25, 2000. D9. Approval of a request to summarily vacate an excess of Terra Vista Parkway East Right-of-Way for the proposed Terra Vista Park #6, located on the north side of Terra Vista Parkway East, easterly of Terra Vista Elementary School. RESOLUTION NO. 00-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EXISTING TERRA VISTA PARK,NAY EAST RIGHT- OF-WAY FOR TERRA VISTA PARK #6, LOCATED ON THE NORTH SIDE OF TERRA VISTA PARKWAY EAST, EASTERLY OF TERRA VISTA ELEMENTARY SCHOOL D10. Approval of Improvement Agreement and Improvement Security for CUP 99-04, located at the southeast corner of Milliken Avenue and Foothill Boulevard, submitted by Catellus Development Corporation. RESOLUTION NO. 00-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 99-04 Dll. Approval of release of a Real Property Agreement and Lien Agreement (CO 00-001) for Parcel Map 8815, located on the west side of Beryl Street, south of 19th Street and north of Base Line Road. RESOLUTION NO. 00-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM HOUTZ AND SONS, A PARTNERSHIP, FOR PARCEL MAP 8815 D12. Approval to execute an addendure to the Epicenter Rental Contract (CO 92-064) with Rancho Cucamonga High School for graduation ceremonies at the Rancho Cucamonga Epicenter in exchange for City use of Rancho Cucamonga High School's Gymnasium for City's Youth Basketball program. D13. Approval of Drainage Easement Dedication authorizing the execution of an Agreement (CO 00- 002) providing for maintenance of said easement and granting a sub-easement to enter and maintain the drainage easement in accordance with the terms of said agreement for DR 99-32, located on the south side of Base Line Road, east of Amethyst Street, submitted by Sunrise Rancho Cucamonga Assisted Living, LLC. RESOLUTION NO. 00-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE DEDICATION OF A DRAINAGE EASEMENT, AUTHORIZING THE EXECUTION OF AN AGREEMENT PROVODING FOR MAINTENANCE OF SAID EASEMENT, AND GRANTING A SUB-EASEMENT IN FURTHERANCE THEREOF City Council Minutes January19,2000 Page 4 D14. Approval of Change Order No. 6 in the amount of $271,271.37 ($246,610.34 plus 10%) for Contract No. 99-078 for the installation of Fibre-Optics Conduit from Foothill Boulevard to Fire Station #2 located on San Bemardino Avenue and to the City Library located at 7368 Archibald Avenue by Terra-Cal Construction, Inc., to be funded from Account No. 72-4225-7044. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff repods within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DCA 99-05 - CITY OF RANCHO CUCAMONGA - A request to amend the Development Code regarding thrift stores, second-hand stores, antique shops, and pawn shops. ORDINANCE NO. 619 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 99-05, AMENDING SECTION 17.02.140 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, REGARDING DEFINITIONS FOR THRIFT STORES, SECOND-HAND STORES, ANTIQUE SHOPS, AND PAWN SHOPS, AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk, read the title of Ordinance No. 619. MOTION: Moved by Williams. seconded by Dutton to waive full reading and approve Ordinance No. 619. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS No Items Submitted. G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF A FIREWORKS DISPLAY AGREEMENT (CO 00-003) AND APPROPRIATION OF FUNDING FOR A JULY 4TM, 2000 COMMUNITY CELEBRATION AND FIREWORKS SHOW AT CHAFFEY COLLEGE Staff report presented by Dave Moore, Recreation Superintendent. City Council Minutes January 19, 2000 Page 5 MOTION: Moved by Williams, seconded by Dutton to approve CO 00-003. Motion carried unanimously 5-0. Councilmember Curatalo thanked Chaffey College for their support of this. H2. UPDATE ON CENSUS 2000 ACTIVITIES Staff report presented by Brad Bullet, City Planner. ACTION: Report received and filed. H3. CONSIDERATION OF REQUEST FROM THE INLAND EMPIRE PHILHARMONIC FOR A WAIVER OF EPICENTER STADIUM FEES FOR A MEMORIAL WEEKEND FREE COMMUNITY CONCERT TO BE HELD ON SATURDAY, MAY 27. 2000. Staff report presented by Paula Pachon, Management Analyst II. Nell Birnbaum, Executive Director Inland Empire Philharmonic, talked about the event and thanked the Target Stores for their support. David Parker of the Rancho Cucamonga Target Store stated he supports the event to strengthen the family. - MOTION: Moved by Williams, seconded by Curatalo to approve the waiver of the fees. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Report received and filed. J, IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams stated someone she was talking with had asked for an update on what is going on at the northwest corner of Foothill and Carnelian and asked that a report come back at the next meeting. Brad Buller, City Planner, stated he could provide the information now and reported the developer is hoping to break ground hopefully within the next 30 - 60 days and that there was supposed to be an Albertsons Center developed there. Bill Makshanoff, Building Official, stated they have pulled their permits. Councilmember Williams stated if they do not get started they need to get that site cleaned up and asked for Mr. Buller to pass that along to them. J2. Councilmember Biane stated he would recommend that a special meeting be scheduled to hear Mr. Georgiou's appeal. City Council Minutes January 19, 2000 Page 6 Rick Gomez, Community Development Director, stated staff is working on getting a date to hold the special hearing. K. COMMUNICATIONS FROM THE PUBLIC K1. George Georgiou stated today he was planning on coming to the City Council meeting and call for the resignation of Mayor Alexander for defying the City's Ordinance. He added that apparently someone has read the City's Ordinance and understands that the Council has to hear his appeal. He also felt Mr. Gomez should apologize publicly for stating that Mr. Georgiou was confused. He stated they are not going to go forward with the meeting for his appeal unless the Council states it will be heard under the laws that existed on April 19, 1999. He felt the Council was giving him the run-around. Mayor Alexander stated it was just stated that staff is in the process of setting a date for his appeal which will be heard before the Council. Mr. Georgiou stated he wants to know what laws the appeal will be heard under. He stated he also wants to know how much money was spent on the City Attorney to give him the run-around. James Markman, City Attorney, stated first of all the City Attorney did not charge the City one dollar more than is already covered under the retainer to deal with Mr. Georgiou. He stated he has not changed his opinion that by the time Mr. Georgiou articulated an appeal, the Council had set up a technical Board of Appeals to hear Mr. Georgiou's appeal. He stated the law in effect at the time of processing is the law that applies. He stated the City Council is giving Mr. Georgiou the opportunity to address his appeal before them. He stated Mr. Georgiou can seek legal advice if he wants to. He stated even if the Council does not grant his appeal to him, he still feels he can have his appeal heard before the Building Board of Appeals to hear these types of technical matters. He added the law that was in effect at the time Mr. Georgiou's wall was constructed is the law that will apply to his issue with the Building Official's decision that the wall was properly constructed. K2. Bill Hawkins, 4987 Ginger Court, felt the Army Corps of Engineers Los Angeles and possibly the Washington, D.C. offices were covering their butts. They have a vested interest in keeping the facts covered up. He did not think they wanted to be responsible or deal with a multi-billion dollar problem. After careful review of technical accuracy from recent Army Corps reports, he received a joint letter at 3:30 p.m. today from Senators Boxer and Feinstein to FEMA indicating they have doubts about the accuracy of the data which is on file in the City Clerk's office. He stated they currently have over 2,000 signatures from residents in the City of Rancho Cucamonga that they are sending to the Senators' office requesting congressional hearings. He stated FEMA will be responding within two weeks to this letter. James Markman, City Attorney, asked him if he submitted the petition. Mr. Hawkins stated the petitions are going to the Senators' office. Item K3. AI Hozek, 4972 Clover, stated he does not share Mr. Hawkin's opinion of what has been going on at Haven View Estates. He wanted to share his viewpoint and quite a few others that live in Haven View Estates. He stated they are not in the path of the levee and that a lot of money has been spent to fight this. He felt the Haven View Board is acting illegally. He added he has sent out a survey to get more input about this. He wanted to notify the Senators of the motives of some of those that live in Haven View. He stated they would like to put a stop to this and asked for the City's help. He stated he wanted to bring to the City's attention there is another side to this matter. He asked for the City's help with all of the money the homeonwer's association has spent. Item K4. Tom Bradford, 5066 Granada, stated the Board at Haven View is elected and represents the homeowners and that the people can vote them out if they are not happy. City Council Minutes January 19, 2000 Page ? Item K5. Pat Domioni, a property owner of RC5, stated she is also speaking for a lot of other homeowners in Haven View Estates and advised that they do not know what is going on with the Association. She stated if she had known what all was going on with the Association and all of the lawsuits, she would not have built there. She stated she requested information from the Management Company and the City, and that only the City provided the information she requested. She stated the highest part of the levee is only 15'. She stated she basis her opinion on the Army Corps' information and that she does feel safe where she lives. She stated the Homeowners Association does not have her approval to do what they are doing. Item K6. Leo Orinvanos, 10987 Carriage, stated that he is glad to see the Senators are asking for the safety study. He stated all of the people he knows are in favor of the safety study being done. Item K7. Bill Ford, owner of the Lauren Development and resides in Haven View Estates, talked about the residents that are opposing their project and the extent they have gone to in order to find out about his employees. He stated the~ were served subpoenas at their homes instead of the Lauren Development offices. He commented on issues previously brought up regarding the Department of Fish and Game and also various safety issues. He stated that the Haven View group wanted the Army Corps to give their approval, which they have, and now they are going against Jim Markman. He stated this is not against all of the above issues that were mentioned, but it is about people that don't want him to develop his properly. He felt the staff, City Council and everyone else associated with the City has acted appropriately. Item K8. Susan Bowerly, 8681 Avalon, wanted to remind the Council why people moved here is because of undeveloped aesthetic space. She did not think the City needed more homes or an Albertsons. She felt the Council should consider undeveloped land. Item K9. Joseph Passoff, 10718 Carriage, stated he just wants to make sure his house is safe if the levee is removed. He just wants to make sure he will not get flooded out. He stated he would like a second opinion from someone such as FEMA. Item K10. Hugh Hewitt of Hewitt-McGuire, wanted to thank the City Council for their patience stating he wanted to talk about the letter from the two Senators. He stated the Council should not pay attention to the letters but only the letters from the Army Corps because it is a safe condition. He wanted to thank the Council for trying to protect its residents and would be talking to his law students about this matter. He complimented the Army Corps and the Council for standing up to all of the threats. Mayor Alexander asked Joe O'Neil, City Engineer, to comment on some of the statements that had been made. Jack Lam, City Manager, stated Mr. O'Neil would give an update. Joe O'Neil, City Engineer, stated there has been a lot of data collected from both sides of this matter and has been carefully analyzed. He stated this information has been transmitted to the Army Corps' Los Angeles office. He stated after reviewing the information the Corps has stated the Deer Creek Reception Levee, which is the levee everyone is talking about, is not a permanent or functional part of the Corps' Cucamonga Creek project.. He commented on the expertise and reputation of the Army Corps. He stated the Corp is certifying that this project meets the FEMA criteria for a 100 year flood. He stated the Corps also concludes that the Deer Creek Debris Basin capacity is adequate to handle the 100 year flood, and the Deer Creek Channel capacity, is nearly twice the estimated 100 year capacity. He stated the Corps also goes on to note that the seismic stability of the Deer Creek Debris Basin is found to maintain its integrity and function as a debris basin during an earthquake. He added the Corps states there are three deflection levees that are owner, operated and maintained by the San Bernardino County Flood Control District. He stated these provide protection over and above what is already provided by the Deer Creek Debris Basin. He continues to state that the Army Corps Washington, D.C. and the San City Council Minutes January19,2000 Page 8 Francisco offices have all concluded that the Los Angeles office has made a thorough and proper analysis of the issues. He also pointed out that the City requires standards as provided by the Army Corps of Engineers and San Bernardino County Flood Control. He stated staff has concluded that the Corps has acted appropriately under the guidelines of good Engineering standards. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Dutton to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:33 p.m. Respectfullysubmitted, CityClerk Approved: March 1,2000