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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. , , , , , , 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. , , , , , , City Council Minutes February 19, 1992 Page 2 C. COMMUNICATIONS FROM THE PUBLIC NO communication was made from the public. , , , · , (2) (3) (4) (s) 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) (6) (8) (9) (ii) 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. , , ~ ~ ~ ~ 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. , , , , , K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. , , , , , 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. ~ss.,u CMbm~ City Clerk Approved: April 1, 1992