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Home My WebLink About2000/01/05 - Minutes January 5, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES ReQular Meetine A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 5, 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 7:08 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; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Mitch Slagerman, St. Redevelopment Analyst; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Introduction of newly-assigned deputies, Greg Hill, Jerry Esmond, Alecia Lucas and Raul Lorera, to the Rancho Cucamonga Police Station. Captain Hoops, Police Department, introduced the newly assigned deputies. B2. Presentation of Proclamations recognizing the generous support of the major sponsors, Executive Committee Members and broadcast hosts for the 1999 Rancho Cucamonga Public Library Telethon. Deborah Clark, Library Director, made the introductions and presentations. Mayor Alexander presented Councilmember Williams with a Proclamation for serving on the executive committee of the telethon. B3. Presentation of a Proclamation recognizing Faust Printing for receiving the first-ever "They Said It Couldn't Be Done" Award from the Printing Industry of America" (PIA). Mayor Alexander presented Rosemary Faust and her staff with a Proclamation. City Council Minutes January 5,2000 Page 2 B4. Mayor Alexander wanted to thank the Police, Fire, MIS staff, Larry Temple and Jack Lam for working on New Years Eve to make sure things ran smoothly for "Y2K". He reported there were no problems transitioning into the new year. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons of Etiwanda, also associated with SOC (Save Our Children) talked abut the proposed high school on Banyan and Milliken. He stated they are asking people to attend the Route 30 Task Force meeting scheduled for January 11 to talk about the traffic issues associated with the proposed school. He mentioned previous traffic plans that were made for the City regarding traffic circulation. He felt Highland and 19th should remain open after the freeway opens. C2. Jerry Jacobson, 10935 Santa Barbara Place, stated he will be at the January 11 Route 30 meeting. He talked about the inconvenience because of the closing of 19th. He talked about looking at the meeting minutes and wanted to make sure there was a quorum at the upcoming January 11 meeting. C3. Frank Willjams, Building Industry Association, wanted to share various news articles regarding the safety of the levee. He read from a letter the BIA sent to our Congressman regarding some of the efforts that have been made by the Haven View residents. He mentioned he informed the Congressman they felt it was inappropriate for Senators Boxer and Feinstein to get involved in this matter as they have. He stated whatever happens with this issue will affect the entire building industry. C4. George Georgiou stated they would like their building appeal to be placed on the City Council agenda instead of being heard by the Building Board of Appeals. He asked that he be heard at the January 19, 2000 City Council meeting. Mayor Alexander asked Mr. Markman, City Attorney, to respond to this. James Markman, City Attorney, stated the letter Mr. Georgiou just read is a much clearer indication of what his issue is and the fact that he is considering a formal appeal than the one written April 19, 1999. He stated since that time, the City has adopted a whole new Uniform Building Code that had another procedure which the Council set in motion to generate a technical Building Appeals Board to try to deal with Mr. Georgiou's issue. He stated what he has been trying to tell Mr. Georgiou is that if he wants to pursue this legally and have recourse if he doesn't get the answer he wants from an Appeals Board, he should go to the Appeals Board the Council has generated under the present statute. He stated that doesn't mean that if the Council also wants to hear him out at a Council meeting they can do this. He stated then if he doesn't get the answer he wants, he could still go to the Building Appeals Board and go through the legal process. He stated after hearing his comments tonight he cedainly understands better than he ever did during all the prior correspondence. Mr. Georgiou stated it would have helped if the City Attorney would have acknowledged his letter of April 19, 1999. He stated he would like an official answer from the City Council because he felt he was entitled to it. C5. Dennis Ford, northeast Etiwanda, read a letter about the traffic diversion because of the Route 30 Freeway construction. He felt because of the traffic problems that safety was an issue for emergency personnel to get through the City. He felt response time goals were not being met. Joe O'Neil, City Engineer, pointed out that Highland will not remain closed during the freeway construction, but only until the RochestedHighland bridge project is completed. City Council Minutes January5,2000 Page 3 C6. Fonna Bosso, 10817 Carriage, read a letter from Bill Hawkins which was distributed to the Council and is on file in the City Clerk's office. D. CONSENT CALENDAR D1. Approval of Minutes: November 3, 1999 November 10, 1999 (Special Meeting) November 17, 1999 (Alexander & Curatalo absent) December 1, 1999 (Biane & Curatalo absent) December 7, 1999 (Special Meeting, Curatalo absent) D2. Approval of Warrants, Register Nos. 12/8/99 and 12/15/99 and Payroll ending 12/5/99 for the total amount of $6,534,712.01. D3. Approval of Authorization forthe purchase of one (1) International Model 2654 -6X4 ten-wheel dump truck from Dieterich International Truck Sales of San Bernardino, California, through a Piggyback/Cooperative Purchase Agreement with Elsinore Valley Municipal Water District in the amount of $95,669.07, funded from two accounts, # 07-4647-7045 and 09-4637-7045. D4. Approval of disposition of City-owned properly within Tract 14380, located at the northwest corner of Wilson and Etiwanda Avenues, submitted by Mastercraft Cucamonga I, LLC. RESOLUTION NO. 00-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA, AND AUTHORIZING THE AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE QUITCLAIM DEED AND TO PRESENT THE SAME TO THE COUNTY RECORDER TO BE FILED FOR RECORD D5. Approval of a Resolution Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 99-32, located at 9177 Center Avenue. RESOLUTION NO. 00-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 99-32 D6. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 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. City Council Minutes Janua~ 5,2000 Page 4 RESOLUTION NO. 00-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-32 RESOLUTION NO. 00-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-32 D7. Approval to accept Improvements, release the Faithful Performance Bonds, accept Maintenance Bonds, and file a Notice of Completion for Improvements for Tract Map 15797 and Tract Map 15797-1, submitted by Tava Development Co., a California Company, DBA Citation Homes, located south of Highland Avenue, east of Woodruff Place. TRACT 15797-1 WAS REMOVED FROM AGENDA. TO COME BACK AT A FUTURE MEETING. Release: Faithful Performance Bond Accept: Maintenance Bond Tract15797 Tract15797-1 3SM91449100 3SM91002000 $101,285.00 $949,825.00 3SM91449100A 3SM94002000A $10,129.00 $94,983.00 RESOLUTION NO. 00-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15797 AND TRACT 15797-1, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D8. Approval to accept the Traffic Signal and Safety Lighting Project located at the intersection of Arrow Route and Baker Avenue, Contract No. 98-053 as complete, release the Bonds and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $94,569.00. RESOLUTION NO. 00-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS, THE TRAFFIC SIGNAL AND SAFETY LIGHTING PROJECT LOCATED AT THE INTERSECTION OF ARROW ROUTE AND BAKER AVENUE, CONTRACT NO. 98-053 AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Jack Lam, City Manager, stated with regards to Item D7, Tract 15797-1, will be removed from this agenda and will return at a future meeting for approval. MOTION: Moved by Dutton, seconded by Williams to approve the staff recommendations in the staff repods within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes Janua~ 5,2000 Page 5 E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROVIDING FOR THE ESTABLISHMENT OF LEASH-OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO Debra J. Adams, City Clerk, read the title of Ordinance No. 618. ORDINANCE NO. 618 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING THE ESTABLISHMENT OF LEASH*OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO MOTION: Moved by Dutton, seconded by Willlares to waive full reading and approve Ordinance No. 618. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS F1. 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. Staff repod presented by Emily Wimer, Assistant Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 619. ORDINANCE NO. 619 (first 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 MOTION: Moved by Curatalo, seconded by Williams to waive full reading and approve Ordinance No. 619. Motion carried unanimously 5-0. No Items Submitted. G. PUBLIC HEARINGS City Council Minutes Janua~ 5,2000 Page 6 H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF 1-15 FREEWAY LANDSCAPING REQUIREMENTS AND APPROVAL TO USE BEAUTIFICATION FUNDS FOR FREEWAY LANDSCAPE MASTER PLAN DEVELOPMENT Staff report presented by Joe O'Neil, City Engineer. Councilmember Curatale asked if the subcemmitee's recommendation would include Caltrans maintaining the landscaping. Joe O'Neil, City Engineer, stated yes. Councilmember Biane asked if we would still have the Planning Commission's input in developing this process. Joe O'Neil, City Engineer, stated yes. Councilmember Dutton stated he supports the subcommittee's recommendation. He fett while this goes to the Planning Commission they need to consider the fiscal impacts as well. MOTION: Moved by Dutton, seconded by Curatalo to approve the subcommittee's recommendation. Motion carried unanimously 5-0. No Items Submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. John Lyons talked about the flood control system that staded being developed in 1975. He talked about the adequacy of a back-up flood control system that is also in place. K2. Malissa Mckeith, 4993 Ginger Court, asked that the Council act on Mr. Georgiou's request. She showed various documents on the overhead camera relative to the drainage issue of the Lauren project. K3. Pat Domiani stated she cannot afford flood insurance in Haven View where she is currently building a home. K4. Mr. Stevens, Haven View Estates, stated he is a retired police man and cannot afford additionai insurance. He stated he does not know why the Council is siding with the developer instead of the residents. He stated he is concerned with the investment he has made in his home and felt it might decrease if the Lauren project is built. City Council Minutes Janua~ 5,2000 Page ? L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Biane to adjourn to executive session to discuss pending litigation regarding the City of Rancho Cucamonga versus County of San Bernardino, et al (University Crest Project), per Government Code Section 54956.9. Motion carried unanimously 5-0. The meeting adjourned at 8:33 p.m. City Clerk Approved: February 2, 2000