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Home My WebLink About1995/12/20 - Agenda Packet - Cover thru page 8City Council Agenda December 20, 1995 ADDENDUM H. CITY MANAGER'$ STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION OF APPOINTMENT OF MEMBERS TO THE RANCHO CUCAMONGA COMMUNITY FOUNDATION CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO.' FROM: SUBJECT: December 20, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPOINTMENT OF MEMBERS TO THE RANCHO CUCAMONGA COMMUNITY FOUNDATION The Community Foundation is discussing appointments to the Foundation at their December 19, 1995 meeting. From these discussions, the Foundation will make its recommendations to the City Council at tonight's meeting. The current Boardmembers whose terms are expiring are : Dutton, Betty McNay, and Dianna Lee-Mitchell. Guy Beyersdorf, Bob Respectfully Submitted, Duane A. Baker Assistant to the City Manager /dab CITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. December 20, 1995 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Williams, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda December 20, 1995 NI item submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. A. CALL TO.ORDER Pledge of AIlegiance. Roll Call: Alexander E~iane , Curatalo Gutierrez , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: November 1,1995 November 15, 1995 Approval of Warrants, Register Nos. 11/29/95 and 12/06/95; and Payroll ending 11/16/95 for the total amount of $1,716,415.96. Approval to receive and file current Investment Schedule as of November 30, 1995. 4. Approval to appropriate $5,000.00 donated by the Weingart Foundation into Library Expenditure Account. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Parcel Map 14022, located at the northwest corner of Foothill Boulevard and Rochester Avenue, submitted by Lewis Development Co. 15 16 City Council Agenda December 20, 1995 RESOLUTION NO. 95-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 14022, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 95-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL MAP 14022 Approval to execute Improvement Agreement Extension for Tract 13753, located on the northeast corner of Base Line Road and Milliken Avenue, submitted by Lewis Homes of California. RESOLUTION NO. 95-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13753 Approval to accept Improvements, Release of Bonds and File a Notice of Completion for Tract 13281, located on the northwest corner of Base Line Road and Rochester Avenue. Release: Faithful Performance Bond Accept: Maintenance Guarantee Bond $ 843,200.00 84,320.00 RESOLUTION NO. 95-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13281 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to accept Improvements, Release of Bonds and File a Notice of Completion for Tract 16565-5 located on the northeast corner of Summit Avenue and Wardman Bullock Road. Release: Faithful Performance Bond Accept: Maintenance Guarantee Bond $ 187,000.00 18,700.00 19 20 23 25 26 27 28 City Council Agenda December 20, 1995 RESOLUTION NO. 95-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16565-5 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to accept the Bike Pathways at Terra Vista Parkway, Church Street, Fourth Street, Arrow Route, Greenway Corridor, Etiwanda Avenue, Archibald Avenue, and Haven Avenue, Contract No. CO 94-080, as Complete, Release the Bonds and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $59,867.52. RESOLUTION NO. 95-173 a RESOLUTION Of THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BIKE PATHWAYS AT TERRA VISTA PARKWAY, CHURCH STREET, FOURTH STREET, ARROW ROUTE, GREENWAY CORRIDOR, ETIWANDA AVENUE, ARCHIBALD AVENUE, AND HAVEN AVENUE, CONTRACT NO. CO 94-080, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 29 30 31 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 95-01 PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay Distdct (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. City Council Agenda December 20, 1995 4 ORDINANCE NO. 551 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 95-01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND PRAIRIE PACIFIC INVESTMENTS FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS FOR 158 APARTMENT UNITS, LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE - APN: 208-031-75 32 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 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 The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE o UPDATE REPORT FROM SUBCOMMITTEE ON MARKS CABLEVISION AND ISSUES RELATING TO CABLE REGULATION (Oral Report) City Council Agenda December 20, 1995 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Ageride. The City Council may receive testimony end set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE 54956.8 TO DISCUSS PROPERTY LOCATED AT 10841 WHITE OAK AVENUE, TIM SABO AND RICK GOMEZ, COMMUNITY DEVELOPMENT NEGOTIATING PARTIES, TO DISCUSS PRICE AND TERMS OF PAYMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on December 14, 1995, seventy-two (72) hours prior to the meeling per Government Code 54954.2 at 10500 Civic Center Drive. November 1, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.~ular Meetin~i A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 1, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meel~ng was called to order at 7:03 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Brad Buller, City Planner; Mild Bratt, Associate Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Susan Stark, Finance Officer; Suzanne Ota, Community Services Director; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcements or presentations were made. C. COMMUNICATIONS FROM THE PUBLIC C1. Buck Page, Empire Lakes Golf Course, stated he understood the issue of the golf course came up at the previous meeting and would be happy to answer any questions the Council had about it. Councilmember Biane asked what the opening date was. Mr. Page stated January 15, 1996, and that the club house is targeting for December 8, 1995. Mayor Alexander inquired about any PGA tournaments. Mr. Page explained how these tournaments are scheduled. Coundlmember Gutierrez stated he had brought this up at the previous meeting because some people were concerned about the cost for golfing at the new course. He added Mr. Page has been very helpful in answering his questions about this matter and that people would be able to afford to play golf there. He felt this would be a wonderful amenity to the City. City Council Minutes November 1,1995 Page 2 C2. Diane Pdce stated she is the co-owner of the Red Hill BBQ and that they would be celebrating their one year anniversary very soon. She had a letter from the Code Enforcement Department as to what she would be allowed to have at their site for the restaurant. She told about their business and the service they provide to the community. She stated they would like to keep the service they are now providing and hoped they could keep their business. Councilmember Gutierrez asked where it was located. Ms. Pdce stated at Foothill and Grove. D. CONSENT CALENDAR D1. Approval of Minutes: August 28, 1995 September 20, 1995 October 4, 1995 D2. Approval of Warrants, Register Nos. 10/1/95, 10/18/95 and 10/25/95; and Payroll ending 10/5/95 for the total amount of $1,913,899.38. D3. Approval of Map, execution of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance Distdct No. 1 and Street Lighting Maintenance Distdct Nos. 1 and 2 for Tract 12659-2, located at the southwest corner of Etiwanda Avenue and 24th Street, submitted by Beal Banc, S.A. RESOLUTION NO. 95-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659-2, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 95-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 12659-2 D4. Approval to execute Improvement Agreement and Security for the Entry Monument located at the northwest corner of Milliken Avenue and Fourth Street (a condition of Parcel Map 14647). submitted by Environmental Golf, Incorporated. RESOLUTION NO. 95-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND SECURITY FOR THE ENTRY MONUMENT LOCATED AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND FOURTH STREET (A CONDITION OF PARCEL MAP 14647) City Council Minutes November 1, 1995 Page 3 D5. Approval to accept the Calaveras Avenue Street Improvement Project, located from Arrow Route to Ninth Street, Contract No. 95-026, as Complete, Release the Bonds and Authorize the City Engineer to file a "Notice of Completion., approve the final contract amount of $151,214.07. RESOLUTION NO. 95-152 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CALAVERAS AVENUE STREET IMPROVEMENT PROJECT, LOCATED FROM ARROW ROUTE TO NINTH STREET, CONTRACT NO. 95-026, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar with Curatalo abstaining from voting on the September 20 and October 4, 1995 minutes. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 95- 02A - WOHL/RANCHO PARTNERS - Consideration of a request for a land use change from Industrial Park to Community Commerdal for 14.45 acres generally located on the south side of Foothill Boulevard between Spruce and Elm Avenues - APN: 208-352-62 through 69. Staff recommends issuance of a Negative Declaration. Related File: Industrial Area Specific Plan Amendment 95-02. RESOLUTION NO. 95-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 95-02A, A REQUEST TO AMEND THE LAND USE MAP OF THE GENERAL PLAN FOR 14.45 ACRES OF LAND GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD AND EAST OF SPRUCE AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-35-62 THROUGH 69 CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-02- WOHL/RANCHO PARTNERS- Consideration of a request to amend the Industrial Area Specific Plan to create a Community Commercial designation for 14.45 acres generally located on the south side of Foothill Boulevard between Spruce and Elm Avenues - APN: 208-352-62 through 69. Staff recommends issuance of a Negative Declaration. Related File: General Plan Amendment 95-02A. City Council Minutes November 1,1995 Page 4 RESOLUTION NO. 95-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 9502, A REQUEST TO AMEND THE INDUSTRIAL AREA SPECIFIC PLAN MAP FOR 14.45 ACRES OF LAND GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD AND EAST OF SPRUCE AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-352-62 THROUGH 69 Staff report presented by Miki Bratt, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Peter DeForge, partner of Rancho Partners, stated they would like to think of this center as an entertainment center. He pointed out what is planned for the site. He continued to explain the project and why they are attracting the tenants they have attracted so far. He felt this project would bring the City $400,000 to $500,000 in sales tax revenue. He stated the issue is what retail uses are allowed on the south side of Foothill. He stated they felt the plan was compatible with surrounding neighbors and that the project should be approved. He added they felt they could make their project very attractive. Councilmember Williams asked if the Wohl Company would be building these units. Mr. DeForge stated they would be selling the property to each business so they could build their own structure. Councilmember Williams asked if they have any signed tenants. Mr. DeForge stated yes they did. Brad Kay, Real Estate Manager for the Good Guys, stated he felt there was a good market for their store in Rancho Cucamonga because of its proximity to entertainment acffi/ities in the City. He felt they would do better business because of the competition they would have. He felt they would have good visibility from Foothill and stated they liked the tenants that are planned for the center. He added he felt the zoning was compatible with what was around them. He told about the differences between their store and other stores that sell electronics. Coundlmember Biane asked where they thought their sales would be if they opened in Rancho Cucamonga. Mr. Kay stated they are projecting $20,000,000 to $25,000,000 within five years. Councilmember Williams asked if this was 100% leased. Mr. Kay stated the key anchor slots are very interested, but that the restaurants are not. He added it is too early to have it 100% leased. Greg Wohl, partner with Peter DeForge, stated they are currently in escrow with Good Guys. He added they are working on the deal with the bookstore. He stated he felt it would be a very positive step to change the General Plan. He stated they think they have excellent compatibility with the Heritage Inn and that it would generate approximately $400,000 to $500,000 in tax revenue to the City. He asked for the Council's support. City Council Minutes November 1,1995 Page 5 Bred Buller, City Planner, stated staff has not seen the new plan as was distributed tonight to the Council, but that he could work with the Council through the process for this project. Fred Doe, Shaw Street, stated the quesljon is should the General Plan Amendment be made for this project, that it was not to approve the project. He stated the question was should the marketing studies be brought to the Council before a decision is made on this matter. He stated the issue before the Council tonight is should the General Plan be changed. He stated he felt this project should be stopped. Gary Kendrick stated he was here because he heard this was a slam dunk vote, just like the sprinkler ordinance was. He stated he did not think this center was needed. Brad Umansky, 7269 Thermal Place, stated he did not think the project was dealt with fairly at the Planning Commission meeting. He stated he felt there was a need for this project and felt the General Plan Amendment would be good for the City and should be changed. Chades Buquet, Charles Joseph Assodates, stated he was hired by the proponent to work with the City on this matter. He pointed out how this same type of situation occurred with the Terra Vista Town Center as far as zone changes. He talked about the other centers he sees throughout Southern California and the types of stores you see. He stated even though the General Plan is a plan, it is subject to change and felt this should be done for this project. He stated he likes the plan that has been revised, but agreed there was still some work that needed to be done on it. He asked if the Council was willing to step out and take a risk with this project because that is why Rancho Cucamonga is a leader in the area. Debbie Daniels, 10970 Deer Canyon, stated she welcomed the idea of having choices where to go to eat or shop in Rancho Cucamonga. She stated she liked what they are proposing and would like to see this happen. Gina Martinez, 10656 Grand View stated she felt more large stores were needed to provide income to the City so property taxes won't continue to increase. She stated she welcomed this concept. She did not think the revenue should be taken out of the City and given to another community, and stated she did not like paying taxes. Andrew Hall, Manager of Best Western Heritage Inn, stated he just now saw the plan for this center. He stated he thought the new plan would be better for his hotel guests than the old one. He stated he is still concemed that Good Guys is the driving force for the project. He stated he likes the idea of more restaurants in the City and that he would have to take Mr. Wohl's word that he is committed to the project. He felt the new plan would be an indication of being a good neighbor to the hotel. Peter De Forge stated Good Guys did not want to go to the Payless site as someone had previously menljoned. He stated the only assurances that the Council made was that their project would not be held up because of the commerdal study. He stated they have not received any assurances about the Council's vote tonight. Bryan Serrell, 6474 Citrine, felt the center was a good idea, but stated he was skeptical about the theaters and thought there might be too many already in the area. He felt Good Guys would be good at this particular location. City Council Minutes November 1,1995 Page 6 Joe Maladna, 10935 Spruce, stated he agreed with the idea of this project. He felt the more restaurants the better. Councilmember Biane stated he asked if the screening would be set up to protect the location from seeing delivery trucks pulling in and so forth. Brad Buller, City Planner, stated the site plan review process for the Planning Commission would address everything, i.e., compaljbility, design and so forth. Councilmember Biane asked if the Council would still be able to have the power to get what it wants out of this project. Brad Buller, City Planner, stated yes, that the issue tonight is a land use issue. He stated any action the Council takes tonight does not guarantee the tenant mix or design. He stated it would still have to go through the development review process. Councilmember Willjams asked if the theaters are allowed with a conditional use permit so that it does not require a zone change for this. Brad Buller, City Planner, stated yes that was correct. Councilmember Willjams stated she felt the bookstore was quite an opportunity and asked if it had a coffee shop inside, would this be allowed with a CUP? Bred Buller, City Planner, stated Borders Books does desire to be free standing and that he had a discussion with them as to whether they would be classified as entertainment or retail. He stated this is something they would have to talk to the Commission about. Councilmember Williams stated she felt they would probably be allowed with a CUP to go under entertainment. Brad Buller, City Planner, stated they would have to go to the Commission for a use determination. Coundlmember Gutierrez stated it appears to him that every use being proposed is already approved except the Good Guys, and that it is up to the Council to determine if this is appropriate. He stated he did not think he could vote to prohibit this project. Councilmember Willjams brought up that the issue is not whether Good Guys will meet or beat the competition, that it is whether this kind of use is proper for this particular piece of land. She stated the issue is if this piece of land gets a general commercial designation. She read from page 35, the paragraph staffing with "The application for land use change....". She pointed out this is a land use issue. She stated she is normally against spot zoning, but that this case is different. She did not think this should be given a blank check and then there would be no control over the project. Mayor Alexander stated this is a land use issue this evening and agreed with Councilmember Willjams. He stated he would be interested in seeing what the commercial study says. He stated he would agree with the Planning Commission decision. Councilmember Biane stated he felt the Council will still have control over what the City will end up with. He felt the retailers needed to know that they are needed in the City. City Council Minutes November 1, 1995 Page 7 Councilmember Curatalo stated he has not heard anything to change his mind to go against the Planning Commission. He suppoded their decision. He asked if a project is denied, can they resubmit in one year. Brad Buller, City Planner, stated that Rancho Cucamonga's Code states that no like or similar application, once denied, can be submitted within twelve months. He added the only way around this is to deny it without prejudice which would then give the proponent the chance to come back down the road. Councilmember Curatalo stated he would like to waive that time limit. James Markman, City Attomey, stated if the Council adopts the Resolution of denial, they can specify that it be amended to be without prejudice for refiling. MOTION: Moved by Curatalo, seconded by Williams to approve Resolution Nos. 95-153 and 95-154 without prejudice for refiling of application. Motion carried 3-0-2 (Biane and Gutierrez voted no). The Council recessed at 9:30 p.m. They reconvened at 9:40 p.m. with all members present. No items were submitted. No items were submitted. No items were submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Curatalo read a statement into the record which is on file in the City Clerk's office which stated he would like to place an item on the agenda for ways in which the City can help the Etiwanda High School band because of the representing the City in the 1996 Rose Parade. K. COMMUNICATIONS FROM THE PUBLIC K1. Gary Kendrick apologized to Diane Williams. He felt the City should put on the ballot the issue of consolidating school districts. City Council Minutes November 1, 1995 Page 8 L. ADJOURNMENT MOTION: Moved by Biane, seconded by Guljerrez to adjourn to executive session to discuss Labor Negotiations per Government Code 54957.6 to give Robert Dominguez, Administrative Services Director, diredjon in regards to the Meet and Confer process.. Motion carried unanimously 5-0. The meeting adjourned at 9:45 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Appmved: November 15, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re~lular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 15, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:10 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Robert Dominguez, Administrative Services Director; James Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf and Lt. Joe Henry, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Proclaiming the Week of November 19, 1995 as Rancho Cucamonga Family Week. Mayor Alexander presented the Proclamation to representatives of vadous religious denominations. All thanked the City for recognizing the family. Mayor Alexander was also presented his own family history information. Mayor Alexander stated he and Coundlmember Willjams went to a function for the spiritual community and how rewarding it was. Councilmember Williams stated it was a women's Christian conference and that she enjoyed the event very much. B2. Presentation of a Proclamation to the D.A.R.E. Volunteers in Appreciation of the Valuable Assistance they have provided to the Program and the Children of Rancho Cucamonga. Mayor Alexander presented the Proclamation to Deputy Tim Masters and Deputy Brett Zour with certificates given to the D.A.R.E. volunteers. City Council Minutes November 15, 1995 Page 2 C1. C2. C. COMMUNICATIONS FROM THE PUBLIC Larry Rhinehard, South Coast Air Quality Management District, presented information on the changes in the AQMD. He stated Supervisor MikeIs is now the chair along with other new members. He stated he has provided information packets to the Council and City Manager to review. Coundlmember Gutierrez asked to recognize Mr. Rhoades and his class and the Boy Scouts from the Latter-Day Saints Church. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 11/1/95; and Payroll ending 10/19/95 for the total amount of 1,025,857.76. D2. Approval to appropriate $20,000.00 donated by the Friends Of the Rancho Cucamonga Public Library from Revenue Account 02-3901-1505 into Library Expenditure Account 02~4532-3900. D3. Approval of a Resolution approving the submittal of Waste Oil Block Grant to the California Integrated Waste Management Board. RESOLUTION NO. 95-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT D4. Approval of Histodc Landmark Designation 95-02 - Daniel and Elaine Winkelpleck - an application to designate the Neil D. and Emma S. Hickcox Residence and Garage an Historic Landmark, located at 6878 EffiNanda Avenue - APN: 227-041-09. Related file: Mills Act Agreement 95-03. RESOLUTION NO. 95-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK 95-02 DESIGNATING THE NElL D. AND EMMA S. HICKCOX RESIDENCE AND GARAGE, LOCATED AT 6878 ETIWANDA AVENUE, AS A LANDMARK - APN: 227-041-09 D5. Approval of Mills Act Agreement 95-03 - Daniel and Elaine Winkelpleck - A request to implement the use of the Mills Act to reduce property tax on the Nell D. And Emma S. Hickcox Residence and Garage, an historic landmark located at 6878 Etiwanda Avenue - APN: 227-041-09. Related file: Landmark Designation 95-02. D6. Approval to open escrow with Angelo and Frances Bonanno for purchase of real property for street purposes in conjunction with the development of the Northeast Park APN 225-131-19 for $5,000.00 plus $3,000.00 escrow costs; to be funded from Account No. 10-4637-9507. D7. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6, for Minor Development Review 95-11, located at 9464 Base Line Road, submitted by Southland Corporation. City Council Minutes November 15, 1995 Page 3 RESOLUTION NO. 95-157 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 95-11 D8. Approval to Release a Real Property Improvement Contract and Lien Agreement and acceptance of an In-Lieu Fee for Future Street Improvements for 7805 Sierra Vista Street, located north of Red Hill Country Club Drive, west of Carnelian Street, submitted by Joe and Carla Bentivegna. RESOLUTION NO. 95-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM 7805 SIERRA VISTA STREET AND ACCEPTING A CASH IN-LIEU FEE FOR FUTURE STREET IMPROVEMENTS D9. Approval of a Resolution adopting Amendment No. 1 to National Pollutant Discharge Elimination System (NPDES) Agreement No. 92-315 (CO 92-032) with San Bernardino County Flood Control District. The County of San Bemardino Flood Control in conjunction with NPDES Co-permittee representatives has prepared a revised formula to determine each co-permittee's cost-share percentage for the area-wide program costs for NPDES program. D10. Approval to execute Improvement Agreement Extension for Tract 13717, perimeter street revisions, located on Church Street between Spruce and Elm, submitted by Lewis Development Co. RESOLUTION NO. 95-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13717 D11. Approval to release Maintenance Guarantee Bond for Tract 13717 (Church Street Medians) located on Church Street, between Spruce Avenue and Elm Avenue. Release: Maintenance Guarantee Bond $ 6,400.00 MOTION: Moved by Biane, seconded by Guljerrez to approve the staff recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 5-0 E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS No items were submitted. City Council Minutes November 15, 1995 Page 4 No items were submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE (Oral Report) Staff report presented by Joe O'Neil, City Engineer. Councilmember Biane inquired why if the Milliken off-ramp is deleted, would it increase the cost. Joe O'Neil, City Engineer, stated it is because of what it will do to the Haven off-ramp because it will require a lot more work at that location to handle the extra traffic, thus increasing the cost. Councilmember Gutierrez stated he felt too many off-ramps would hurt public safety. Coundlmember Curatalo stated with his experience in law enforcement, he did not think the off-ramps would have an impact on public safety. ACTION: Report received and filed. I. COUNCIL BUSINESS I1. DISCUSSION OF WAYS TO ASSIST ETIWANDA HIGH SCHOOL MARCHING EAGLE BAND THROUGH COMMUNITY AWARENESS Staff report presented by Jerry Fulwood, Deputy City Manager. Councilmember Curatalo asked Bob Page of the Daily Bulletin to take note of this to help promote the good that the youth does and felt the City should help them out. Mayor Alexander opened the meeting for public comments. Addressing the City Council was: Tony Viegas, representing Rancho Cucamonga High School band, stated he felt the Daily Bulletin recognized Efiwanda High School's band more than RCHS. He stated RCHS will be in the Hollywood Lane Parade and the Fiesta Bowl. He asked for the same assistance that will be given to EHS. Councilmember Williams stated she felt all the high schools needed equal billing. She felt possibly something should go in the Grapevine about the High Schools' events. Mayor Alexander stated he agreed with Councilmember Williams that it is important that everyone in the City support all the kids that are out there trying to do their best. He stated he felt support should be given to all of the schools. Councilmember Williams suggested that all three high schools put something in the Chamber newsletter about what is going on in their school. ACTION: The Council concurred to help with the development of youth programs and provide assistance to all youth groups whenever possible. City Council Minutes November 15, 1995 Page 5 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Paul Days of Alta Loma High School stated he would like to know about having a stop sign installed. Mayor Alexander felt he should talk to Joe O'Neil, City Engineer. Mr. Days stated it is at Foothill and Baker where he is referring to. K2. Jerry Harvickson asked to have a skateboard park in Rancho Cucamonga. Mayor Alexander stated this has been looked at in the past, but that nothing is in the works dght now. Councilmember Williams stated the problem with a "wheel park" is the liability. Mr. Harvickson asked if the kids signed waivers, would it be all right. Mayor Alexander and Coundlmember Willjams stated they would like this put on the next agenda for an update on skateboard facilities. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to Executive Session to discuss Personnel Matters per Government Cede Section 54957 to discuss public employee discipline/release. Motion carried unanimously, 5-0. The meeting adjourned at 8:10 p.m. Respectfully submitted, Debra J. 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O'Neil, City Engineer MEETING OF THE ROUTE 30 TASK FORCE The December meeting of the Task Force was held on Tuesday, December 12, and was again devoted to a discussion of whether all planned interchanges along Route 30 through the City should be retained. There was specifically continuing interest in the Milliken Avenue interchange and further information was presented to the Task Force concerning that particular interchange. In attendance was an audience of about 30 people, several of whom had questions or statements which were received by the Task Force. The audience members attended the meeting in response to flyers which had been distributed to homes mainly in the Milliken Avenue area and signs which had been posted on Highland Avenue. There were comments from people living in areas which could be imparted by the elimination of Milliken interchange. For the benefit of the audience, the City Engineer gave a brief overview of the freeway and the history and mission of the Task Force. The City Engineer then gave a recap of the last meeting and provided answers to questions raised previously. The Police Chief provided a further report indicating no documented connection between crime and freeway offramps. It was pointed out again that traffic eliminated from any interchange location would be added to traffic at adjacent interchanges and impact the streets in between. City staff presented several altemative Milliken interchange concepts which would maintain Highland Avenue continuity through the area in response to concems expressed by members of the public and Task Force last month. Caltrans staff commented on the feasibility of the concepts and it was determined only one alternative had a possibility of being converted to an acceptable design. Caltrans will evaluate this option and report back at the next meeting. The Task Force decided to hold the matter over to the January meeting for decision on a recommendation on the interchange issue. One Task Force member was hopeful that other citizens living farther from the Milliken Avenue could be heard. The next Task Force meeting will be held on Tuesday, January 9, 1996 at 6:00 p.m. Respectfully submitted, William J. O'Neil City Engineer WJO:sd DATE: T~. FROM: SUBJECT: December 20, 1995 CITY OF RANCHO CUCAMONGA MEMORANDUM Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Mar/~a~ CONSIDERATION OF REAPPOINTMENT OF MEMBERS OF THE RANCHO CUCAMONGA COMMUNITY FOUNDATION At its meeting of December 19, 1995, the Community Foundation approved for recommendation to the City Council re-appointment of the following members: Bob Dutton Betty McNay Dianna Lee-Mitchell At the same meeting they voted to keep the position formerly held by Guy Beyersdorf vacant until another potential Boardmember can be recruited from the community. In addition to voting on the reappointments, the Board also asked for a meeting to be arranged with the full City Council. This meeting would be to discuss the role of the Foundation and would allow for newer members of the City Council to become familiar with the Foundation. If the City Council concurs, staff will arrange a meeting for sometime in the new year. /dab