HomeMy WebLinkAbout1992/02/19 - Minutes February 19, 1992
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,
February 19, 1992, in the Council Chambers of the Civic Center, located at 10500
Civic Center Drive, Rancho Cucamonga, California. The meeting was called to
order at 7:15 p.m. by Mayor Dennis L. Stout.
Present were Councilmembers: William J. Alexander, Diane Williams, Pamela J.
Wright, and Mayor Dennis L. Stout.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda
D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Olen
Jones, Sr. RDA Analyst; Brad Buller, City Planner; Larry Henderson, Principal
Planner; Miki Bratt, Associate Planner; Joe O'Neil, City Engineer; Paul Rougeau,
Traffic Engineer; Dan James, Sr. Civil Engineer; Kathy Sorensen, Recreation
Superintendent; Duane Baker, Assistant to the City Manager; Diane O'Neal,
Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael,
Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner and Lt. Joe Henry,
Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk.
Absent was Councilmember: Charles J. Buquet II.
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B. ANNOUNCEMENTS/PRESENTATIONS
B1. Honoring Joseph DiIorio and His Contributions to the Community.
Item was continued to the March 4, 1992 meeting.
B2. Presentation of 5-year Service Pins to Mike Bratt, Pat Morrison and Cindy
Norris.
Mayor Stout made the 5-year Service Pin presentation to Miki Bratt. Pat Morrison
and Cindy Norris were not present.
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City Council Minutes
February 19, 1992
Page 2
C. COMMUNICATIONS FROM THE PUBLIC
NO communication was made from the public.
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D. CONSENT CALENDAR
Jack Lam, City Manager, requested Item Dll be removed from the agenda, and
indicated it would return at a later date.
D1. Approval of Minutes: January 25, 1992
D2. Approval of Warrants, Register Nos. 1/29/92 and 2/5/92; and Payroll ending
1/30/92 for the total amount of $991,828.88.
D3. Approval to receive and file current Investment Schedule as of January 31,
1992.
D4. Approval of a Resolution to encourage a cooperative relationship between
all San Bernardino County jurisdictions in the development and implementation of
projects related to AB 939. (1170-04 RECYCLE)
RESOLUTION NO. 92-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO ENCOURAGE A COOPERATIVE RELATIONSHIP
BETWEEN ALL SAN BERNARDINO COUNTY LOCAL JURISDICTIONS IN THE
DEVELOPMENT AND IMPLEMENTATION OF PROJECTS RELATED TO AB 939
D5. Approval of an amendment to the Community Development Block Grant Final
Statement of Community Development objectives and projected use of funds for the
1991/92 program year. (0203-04 CDBG)
D6. Approval to execute a Pre-Condemnation Agreement (CO 92-007) for Parcel Map
13724 located on the south side of Foothill Boulevard, between Interstate 15 and
Etiwanda Avenue, submitted by Foothill Marketplace Partners. (0602-01 CONTRACT)
D7. Approval to execute Land Exchange and Flood Control Improvement Inspection
Agreement (CO 92-008) between San Bernardino County Floor Control District, the
City of Rancho Cucamonga, and the Caryn Development Company for Tract No. 13566
which is located south of 24th Street and West of Cherry Avenue. (0602-01
CONTRACT)
RESOLUTION NO. 92-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING L/~ND EXCHANGE AND FLOOD
CONTROL IMPROVEMENT INSPECTION AGREEMaNT FOR TRACT 13566
D8. Approval to execute Use Agreement (CO 92-009) between Citrus Little League
and the City regarding Lou Rose Park Baseball Fields. (0602-01 CONTRACT)
City Council Minutes
February 19, 1992
Page 3
D9. Approval to execute contract (CO 92-010) with Telecommunications Management
Corporation, Inc., for a cable television audit for an amount not to exceed
$8,000.00 to be funded from Account 01-4285-6028. (0602-01 CONTRACT)
DiO. Approval to award and authorize the execution for Citywide Street Tree
Maintenance Agreement (CO 92-011) to Golden Bear Arborists, Inc. of Monrovia in
the amount of $188,687.00 to be funded by account numbers: 01-4647-6028
($123,435), 40-4130-6028 ($15,522), 43-4130-6028 ($3,500), 45-4130-6028 ($5,430),
46-4130-6028 ($16,000), 47-4130-6028 ($24,000) and 48-4130-6028 ($800) for Fiscal
Year 1991/92. (0602-01 CONTRACT)
Dll. Approval to cMccutc an Agrcemcnt for Acquioition of Sccurity, and dcpooit
for Lark Drivc bctwccn its caotcrly tcrminus and Rochcstcr Avcnuc right of way
submitted by Thc William Lyon Company. (0602-01 CONTRACT)
RESOLUTION }~O. 92-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCMO
CUCAMONCA, CALIFORNIA, APPROVINC AN ACQUISITION ACREEMENT OF
OFF SITE PROPERTY, SECURITY, AND DEPOSIT FOR LARK DRIVE FROM
THE WILLI~ LYON COMPANY AND AUTMORIZINC THE ]~YOR AND CITY
CLERK TO CICN SAME
D12. Approval to execute a Real Property Improvement Contract and Lien Agreement
from David and Cynthia Collins, for an addition to a single family residence
located on the north side of Red Hill Country Club Drive, east of Valle Vista
Drive (APN: 207-082-02). (0602-01 AGREE R I/L)
RESOLUTION NO. 92-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEMENT FROM DAVID AND CYNTHIA COLLINS AND
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME
D13. Approval to execute a Subordination Agreement from Bidart/Surina for their
property located at 10234 4th Street. (0602-01 AGREE SUB)
RESOLUTION NO. 92-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT
FROM BIDART/SURINA AND AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN SAME.
D14. Approval to execute an Improvement Agreement and Improvement Security for
a Storm Drain in Rochester Avenue for Rancho Cucamonga High School, located on
the west side of Rochester Avenue, south of Highland Avenue, submitted by The
William Lyon Company. (0602-01 AGREE IMPR)
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City Council Minutes
February 19, 1992
Page 4
RESOLUTION NO. 92-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR A STORM DRAIN IN ROCHESTER AVENUE FOR
RANCHO CUCAMONGA HIGH SCHOOL
(12) D15. Approval to execute an Improvement Agreement, Improvement Securities and
Ordering the Annexation to Landscape Maintenance District No. 3 and Street
Lighting Maintenance District Nos. 1 and 6 for DR 89-12, located on Feron
Boulevard, East of Helms Avenue, submitted by Albert W. Davies. (0602-01 AGREE
IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 92-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW NO. 89-12
RESOLUTION NO. 92-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 89-12
(13) D16. Approval to execute Improvement Agreement Extension for Tract 12895,
located on the West side of Baker Avenue between Foothill Boulevard and Arrow
Route, submitted by Rancho Citiland Development. (0602-01 AGREE EXTN)
RESOLUTION NO. 92-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12895
(14) D17. Approval to execute Improvement Agreement Extension for Tract 13703,
located on the West side of Haven Avenue North of Banyan Street, submitted by
Kajima Development. (0602-01 AGREE EXTN)
RESOLUTION NO. 92-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13703
(15) D18. Approval to execute Improvement Agreement Extension for Tract 13738,
located on the Southwest corner of Almond Street and Sapphire Street, submitted
by Rodine Company. (0602-01 AGREE EXTN)
City Council Minutes
February 19, 1992
Page 5
RESOLUTION NO. 92-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13738
D19. Approval to execute Improvement Agreement Extension for Parcel Map 9498 - (16)
4th Street Medians located on 4th Street East of Haven Avenue, submitted by
Reiter Rinker Gateway/Haven Gateway Partners. (0602-01 AGREE EXTN)
RESOLUTION NO. 92-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9498 - 4TH
STREET MEDIAN
D20. Approval to reduce bond for Tract 13273, located on the southeast corner (17)
of Milliken Avenue and Mountain View Drive, submitted by Lewis Homes. (0602-01
BOND REL)
D21. Approval to accept improvements, release of bonds and file a Notice of
Completion for Tract 10827-2 located on the south side of Manzanita Drive between
Haven Avenue and Hermosa Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT)
Release: Faithful Performance Bond (Street) $661,000.00
RESOLUTION NO. 92-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACT 10827-2 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
D22. Approval to release Maintenance Guarantee Bonds for Tract Nos. 10827, (19)
10827-1 and 10827-3, located on Manzanita Drive between Haven Avenue and Hermosa
Avenue. (0602-01 BOND REL)
Release: Maintenance Guarantee Bond (Street)
Tract 10827 $ 35,000.00
Tract 10827-1 $ 89,800.00
Tract 10827-3 $ 42,000.00
D23. Approval to release Maintenance Guarantee Bond for Tract 13425, located on (20)
the north side of 19th Street between Haven Avenue and Highland Avenue. (0602-01
BOND REL)
Release: Maintenance Guarantee Bond (Street) $ 62,300.00
MOTION: Moved by Wright, seconded by Williams to approve the Consent Calendar
with the exception of Item Dll. Motion carried unanimously, 4-0-1 (Buquet
absent).
City Council Minutes
February 19, 1992
Page 6
E. CONSENT ORDINANCES
(21) El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN
AMENDMENT 91-01 - CITY OF RANCHO CUCAMONGA - A request to amend the Street System
Map of the Etiwanda Specific Plan to change the portion of Miller Avenue between
Etiwanda Avenue an East Avenue from a Collector to a Secondary Arterial. The
Planning Commission recommends issuance of a Negative Declaration. (0203-05 ETIW
SP)
Debra J. Adams, City Clerk, read the title of Ordinance No. 484.
ORDINANCE NO. 484 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 90-01, TO AMEND THE ETIWANDA SPECIFIC PLAN STREET
SYSTEM MAP TO CHANGE THE PORTION OF MILLER AVENUE BETWEEN
ETIWANDA AVENUE AND EAST AVENUE FROM A COLLECTOR TO A
SECONDARY ARTERIAL AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Alexander, seconded by Williams to waive full reading and
approve Ordinance No. 484. Motion carried unanimously, 4-0-1 (Buquet absent).
F. ADVERTISED PUBLIC HEARINGS
ITEMS F1 AND F2 WERE CONSIDERED AT THE SAME TIME.
(22) F1. CONSIDERATION OF AN ORDINANCE PERTAINING TO MASSAGE TECHNICIANS,
ESTABLISHMENTS AND SIMILAR BUSINESSES Staff report presented by Duane Baker,
Assistant to the City Manager. (0401-01 RECREATION)
Mayor Stout opened the meeting for public hearing. Addressing the City Council
were:
A1 Meyer, 100 hour massage technician, and indicated he was also
representing Eric Palmer and Jay Blasco who were also 100 hour
technicians, and stated if they have to have 400 more hours of credit in
order to operate, it would put them out of business.
Mayor Stout asked Mr. Meyer if he works out of a shop or goes to people's homes.
Mr. Meyer stated he does both.
Dale Emery, 10055 King Street, stated she has completed 165 hours of
training and felt the 500 hour course was too much. She stated the extra
training would cost her approximately $2,400.00. She stated she does have
liability insurance to perform her work. She stated 100 hours ie what
most people graduate with.
City Council Minutes
February 19, 1992
Page 7
Councilmember Alexander asked if there was any re-certification that is done once
you are certified.
Ms. Emery stated no.
Councilmember Williams asked if the certification was from the State.
Ms. Emery stated it is through a school who is approved by the State.
Suzanno Snyder, 7128 Summerfield, felt 500 hours was too much and that
that amount of hours was per State level requirements, which she added
California did not have.
There being no further response, the public hearing was closed.
Councilmember Alexander asked if the Police Department was comfortable with this.
Captain Zeiner, Police Department, stated he did not feel additional credit hours
would make a difference.
James Markman, City Attorney, suggested that on page 88, Section 9.24,210(e) be
amended to read: "The applicant must furnish a diploma or certificate of
graduation from a minimum of 100 hour course of instruction." He stated 1 and
2 could be left alone and strike 3 which was an alternative that only applied if
it was set at 500 hours.
Mayor Stout suggested the number of hours should go from 100 to 250 hours in five
years and that this be included in the Ordinance.
Councilmember Williams wanted to make sure that the technicians are updating or
improving themselves on a continual basis.
Councilmember Wright felt all other professionals should have to keep on
improving their credentials also, i.e., hairdressers, lawyers, etc., and if they
did not, she did not think the massage technicians should have to.
Mayor Stout stated he felt additional training should be required to protect the
consumer.
James Markman, City Attorney, stated staff can talk to people at the State level
and find out various criteria of training levels and bring back an amendment to
change the Ordinance.
Councilmember Alexander stated he would go along with the Ordinance at 100 hours,
but stated he was interested in any necessary re-certification that might be
suggested as an amendment.
Councilmember Wright stated she did not have a problem with any future amendment
as long as she could see what it will do for the consumer.
City Council Minutes
February 19, 1992
Page 8
Councilmember Williams felt the massage technicians needed to keep up-to-date
with the latest techniques. She felt this could be adopted and possibly later
come back with an amendment regarding the training requirements.
Debra J. Adams, City Clerk, read the title of Ordinance No. 485.
ORDINANCE NO. 485 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.24 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE PERTAINING TO MASSAGE TECHNICIANS,
ESTABLISHMENTS AND SIMILAR BUSINESSES
MOTION: Moved by Alexander, seconded by Wright to waive full reading of
Ordinance No. 485. Motion carried unanimously, 4-0-1 (Buquet absent).
MOTION: Moved by Wright, seconded by Williams to set second reading for March
4, 1992 of Ordinance No. 485 as amended. Motion carried 3-1-1 (Stout no, Buquet
absent ) .
Mayor Stout stated he was voting no because unless there was consumer protection
in the Ordinance, he did not feel it accomplished what it was supposed to
accomplish.
Jack Lam, City Manager, asked that the Council give staff 30 days to bring back
the information.
(23) F2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 91-05 - CITY OF RANCHO
CUCAMONGA - A request to amend the definition of Massage Establishment in Section
17.02.140 of the Development Code. Staff report presented by Duane Baker,
Assistant to the City Manager. (0203-03 DC AMEND)
See Item E1 for public hearing comments.
Debra J. Adams, City Clerk, read the title of Ordinance No. 486.
ORDINANCE NO. 486 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AF~ENDMENT
91-05, AMENDING TITLE 17, CHAPTER 17.02.140 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE TO REVISE THE DEFINITION OF MASSAGE
ESTABLISHMENT, AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Alexander, seconded by Wright to waive full reading of
Ordinance No. 486. Motion carried unanimously, 4-0-1 (Buquet absent).
MOTION: Moved by Wright, seconded by Williams to set second reading for March
4, 1992 of Ordinance No. 486. Motion carried 3-1-1 (Stout no, Buquet absent).
City Council Minutes
February 19, 1992
Page 9
Mayor Stout stated he was voting no because unless there was consumer protection
in the Ordinance, he did not feel it accomplished what it was supposed to
accomplish.
Jack Lam, City Manager, asked that the Council give staff 30 days to bring back
the information.
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G. PUBLIC HEARINGS
G1. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 40 MPH ON LEMON AVENUE FROM (24)
RAVEN AVENUE TO HIGHLAND AVENUE AND 45 MPH ON EAST AVENUE FROM BASE LINE ROAD TO
HIGHLAND AVENUE Staff report presented by Paul Rougeau, Traffic Engineer.
(1141-10 SPEED LIM)
Mayor Stout 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. 487.
ORDINANCE NO. 487 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE
RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS
ON CERTAIN CITY STREETS
MOTION: Moved by Alexander, seconded by Williams to waive full reading and set
second reading of Ordinance No. 487 for March 4, 1992. Motion carried
unanimously, 4-0-1 (Buquet absent).
H · CITY MANAGER' S STAFF REPORTS
H1. REQUEST TO APPROVE EXPENDITURE OF ASSET FORFEITURE FUNDS TO FORM POLICE (25)
BICYCLE PATROL UNIT IN RANCHO CUCAMONGA Staff report presented by Lieutenant Joe
Henry, Police Department. (1301-00 SHERIFF) (0401-21 FUND APPRO)
Mayor Stout opened the meeting for public comment. There being no response, the
public comments were closed.
Councilmember Williams felt this was a super idea.
MOTION: Moved by Stout, seconded by Alexander to approve the expenditure of
asset forfeiture funds to form a police bicycle patrol unit in Rancho Cucamonga.
Motion carried unanimously, 4-0-1 (Buquet absent).
City Council Minutes
February 19, 1992
Page 10
I. COUMCIL BUSINESS
(26) I1. DISCUSSION OF MAYOR'S TERM Staff report presented by Duane Baker,
Assistant to the City Manager. (0702-03 ELECTION)
Mayor Stout opened the meeting for public comments. There being no response,
public comments were closed.
Councilmember Williams felt the Mayor's term should be concurrent with the City
Councilmember's terms and did not feel it should be different. She felt it
should go on the ballot to make the Mayor's term four years instead of two years.
Councilmember Alexander stated he was also in favor of putting this matter on the
November ballot.
Councilmember Wright stated she also agreed that it should go on the ballot to
consider the Mayor's term being made four years.
MOTION: Moved by Williams, seconded by Alexander to direct staff to prepare
documentation to put on the ballot the issue of modifying the Mayor's term from
two to four years. Motion carried 3-0-1-1 (Buquet absent, Stout abstained).
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J1. Councilmember Alexander asked for a memorandum on the progress of the
amendment to the massage technician ordinance.
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K. COMMUNICATIONS FROM THE PUBLIC
No communication was made from the public.
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L. ADJOURNMENT
MOTION: Moved by Wright, seconded by Willjams to adjourn to Executive Session
to discuss the threat of litigation by the Pines Mobile Home Park. Motion
carried unanimously, 4-0-1 (Buquet absent). The meeting adjourned at 8:15 p.m.
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City Clerk
Approved: April 1, 1992