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Home My WebLink About1998/09/02 - Minutes September 2, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 2, 1998, 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::18 p.m by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Bill Curley, Deputy City Attorney; Linda Daniels, RDA Director; Cathy Wahlstrom, RDA Analyst; Brad Buller, City Planner; Larry Henderson, Principal Planner; Alan Warren, Associate Planner; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Dave Moore, Recreation Supervisor; Deborah Clark, Library Director; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Dave Lau, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcements or presentations were made. C. COMMUNICATIONS FROM THE PUBLIC C 1. Bryan Brock stated he thought his item regarding the parking ordinance that he requested at the last meeting would be on this agenda. Jack Lain, City Manager, stated he thought the problerr~ had been taken care of and that is why it was not on this agenda. Mr. Brock stated he would still like for this to go on the agenda so that the parking ordinance can be discussed. Mayor Alexander stated this would corne back at the October 7 meeting for further discussion. C2. John Lyons of Etiwanda, stated he woul(~ like to talk about Rex Gutierrez. He stated he would like to know the cost of the investigation being done on Mr. Gutierrez. City Council Minutes September 2, 1998 Page 2 Jack Lam, City Manager, stated this is being done by the Department of Justice and did not know what the cost was. He pointed out the City does not have to pay for this. Mr. Lyons stated he would like to see tile City take action against Mr. Gutierrez and felt if he has money to run for office he can afford to reimburse the City for any expenses incurred because of his resignation early last year. He felt the City should file a suit to recover these costs. C3. Toni Rhodes, 10151 Arrow Route, stated you don't have to be wealthy to run for City Council. She wanted to publicly thank Mr. Gutierrez and the Council for responding to her and others when there has been an issue she needed help with. C4. Rex Gutierrez, 11021 Carlow Court, stated he might have caused some staff time, which there may have been a cost involved with this, but felt he has saved the City a lot of money with all of the other things he has done for the comrnunity. He also commented on the "so-called" investigation being conducted on him. He stated after talking to the State he did not feel their investigation of him was a priority. They told him they would try' to get to the investigation by the election. He stated he questioned their priority of this matter. He continued to mention that at Cielito and LaRonda a stop sign should be investigated for that area. Hillside Cove and Wilson area also needs to be looked at for a stop sign. On Emerald tilere was last year a family that reported decayed trees that need to be removed and new seedlings planted. He also commented he was glad to have cable television so that people can see the Co~uncil meetings and know what is going on. He felt he had a part in getting this going. Mayor Alexander stated some of Mr. Gutierrez's previous comments were a year old and asked if these were current inquiries. Mr. Gutierrez stated yes and also commented on cable TV and felt it was because of him that the meetings are on cable. D. CONSENTCALENDAR Jack Lam, City Manager, stated item D7 should be modified in section 1 of the resolution which has been corrected and is on file in the City Clerk's office.. D1. Approval of Minutes: June 11,1998 June 18,1998 August5,1998 D2. Approval of Warrants, Register Nos. 8/12/98 and 8/19/98 and Payroll ending 8/6/98 for the total amount of $1,596,181.09. D3. Approval of Parcel Map No. 15083, located on the south side of Jersey Boulevard, east of White Oak Avenue, submitted by Karubian. City Council Minutes September 2, 1998 Page 3 RESOLUTION NO. 98-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15083 D4. Approval of Resolution granting a Taxi Cab Service Permit to Bell Cab Company (San Gabriel Transit) RESOLUTION NO. 98-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN APPLICATION FOR THE ISSUANCE OF A TAXICAB SERVICE PERMIT D5. Approval of the Improvement Agreement and Improvement Security for Rochester Avenue, Church Street, Terra Vista Parkway East Street Improvements related to Tentative Tract 15072, generally located at the southwest corner of Rochester Avenue and Base Line Road, submitted by Lewis Homes Enterprises, Inc. RESOLUTION NO. 98-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTAND IMPROVEMENT SECURITY FOR ROCHESTER AVENUE, CHURCH STREET, TERRA VISTA PARKWAY EAST STREET IMPROVEMENTS, RELATED TO TENTATIVE TRACT MAP 15072 D6. Approval to transfer Lot "A" of Tract Nos.. 13425 and 12046 to the State of California (CALTRANS) for the construction of SR 30 Freeway. RE:SOLUTION NO, 98-152 A RESOLUTION OF '["HE CFf"Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF DOCUMENTS FOR 7"HE TRANSFER OF PROPERTIES TO THE STATE OF CALIFORNIA (CALTRANS) FOR THE CONSTRUCTION OF SR 30 FREEWAY D7. Approval of the Environmental Initial Study Parts I and II for the proposed Foothill-Hermosa Storm Drain Installation and Traffic Signals Modifications and Issuance of a Statutory Exemption therefore. RFSOLL.rl'ION NO. 98-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY PARTS I AND II AND ISSUANCE OF A STATUTORY EXEMPTION FOR THE PROPOSED FOOTHILL-HERMOSA STORM DRAIN INSTALLATION AND TRAFFIC SIGNAL MODIFICATIONS City Council Minutes September 2, 1998 Page 4 DS. Approval to award and authorize the execution of the Professional Services Agreement (CO98-050) with Bucknam & Associates, Inc., to provide professional services for analysis of maintenance services processes, in the amount of $27,170 ($2.4,000 + 10% contingency) to be funded from Fund 01-4647-6028. D9. Approval of a Professional Services Agreement (CO98-051) with ED. King, Inc., to provide Topographical Design Survey for proposed street improvements for nine different locations throughout the City, to be funded from the following account nos: 10-4637-9805 - Summit ($2,079), 10-4637-9803 -4th St. ($4,893), 10-4637-9518 - Beryl ($4,257),, 10-4637-9807- Arrow ($3,531), 10-4637-9808 - Haven - Lemon to Wilson - ($4,257), 10-4637-9809 - Church ($4,257), 10-4637-9810 - Hellman ($1,067), 10-4637-9812 - Amethyst ($8,833), 32-4637-9703 - Haven w/s Base Line to 19th ($4,983). D10. Approval of the Collection Center Household Hazardous Waste Agreement (CO98-052) with the County of San Bernardino Service Area 70 Consolidated Fire District (CSA 70 CFD). D11. Approval of Improvement Agreement Extension for Parcel Map 15012, located on the north side of Fourth Street, between Buffalo Avenue and 1-15, submitted by Oltmans Investment Company. RESOLUTION NO. 98-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 15012 D 12. Approval of Improvement Agreernent Extension for Tract 13835, located on the northeast corner of Highland and Rochester, submitted by Sheffield Homes, L.LC. RESOLUTION NO. 98-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT AGREEMENT FOR TRACT 13835 D13. Approval to accept Improvements, Release the Faithful Performance Bond, Accept a Maintenance Bond, and file a Notice of Completion for Improvements for DR 95-02, located on the south side of Jersey Boulevard, east of White Oak Avenue. Release: Faith~lPedormance Bond $154,400.00 #3SM91t92600 Accept: Maintenance Bond $ 15,440.00 3SM91192600 RESOLUTION NO. 98-156 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 95-02, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes September 2, 1998 Page 5 MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. ENVIRONMENTAL ASSESSMENT AND AMENDED TENTATIVE TRACT 15727 - GRIFFIN INDUSTRIES - An amendment to Tentative Tract 15727 for the purpose of developing a gated residential community with private streets of 342 single family lots and a 5-acre public neighborhood park on a total of 82 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), on the north side of Fourth Street, west of Archibald Avenue and bordered by Sixth Street on the north. An Environmental Impact Report was certified for Tentative Tract 15727 and staff has concluded that no additional impacts will result from the development of the amended map and that no additional environmental review is required. A Negative Declaration for the amended tentative tract will be prepared. APN: 210-062-02, 11, 13, 17, 18, 19, 26, 32, and 33. Staff report by Alan Warren, Associate Planner. He pointed out there was a correction to Resolution 98-159 which has been corrected and is on file in the City Clerk's office. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Richard Neese, Griffin Industries, informed the Council about his project and commented on it being a gated community and the benefits of this for the City. He stated they agree with staff and asked for the Council to approve this. There being no further response, the public headng was closed. RESOLUTION NO. 98-159 A RESOLUTION OF THE!: CFf"Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOP, NIA, APPROVING AMENDED TENTATIVE TRACT 15727, A RESIDENTIAL SUBDIVISION OF 342 SINGLE FAMILY LOTS AND A 5- ACRE PUBLIC NEIGHBORHOOD PARK ON 82 ACRES OF LAND WITH GATES, PRIVATE STREETS IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED AT THE INTERSECTION OF FOURTH STREET AND THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL AND BORDERED BY SIXTH STREET ON THE NORTH - APN: 210- 062-02, 11, 13, 17, 18, 19, 26, 32, AND 33 MOTION: Moved by Curatalo, seconded by Williams to approve Resolution No. 98-159 as previously corrected.. Motion carried unanimously, City Council Minutes September 2, 1998 Page 6 F2. VACATION OF A PORTION OF SAN BERNARDINO ROAD EAST OF THE FOOTHILL BOULEVARD SIGNALIZED INTERSECTION FRONTING 8333, 8363 FOOTHILL BOULEVARD AND 8351 SAN BERNARDINO ROAD F2 and F3. Staff report given by Dan James, St. Civil Engineer. Mayor Alexander opened the meeting for' public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 98-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED A PORTION OF SAN BERNARDINO ROAD EAST OF THE FOOTHILL BOULEVARD SIGNALIZED INTERSECTION FRONTING 8333, 8363 FOOTHILL BOULEVARD AND 8351 SAN BERNARDINO ROAD - APN'S 207-571-76,77,78 F3. FOOTHILL BOULEVARD SIGNALIZED INTERSECTION FRONTING 8351 SAN BERNARDINO ROAD DISPOSITION OF QUITCLAIM OF A PORTION OF SAN BERNARDINO ROAD EAST OF THE RESOLUTION NO. 98-158 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 CITY ENGINEER TO SIGN THE QUITCLAIM DEED AND TO PRESENT SAME TO THE COUNTY RECORDER TO BE FILED FOR RECORD MOTION: Moved by Dutton, seconded by Curatalo to approve Resolution Nos. 98-157 and 98-158. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF A RESOLUTION TO APPROVE THE TRANSFER OF OWNERSHIP OF MARKS CABLEVISION TO AMERICAN CABLE ENTERTAINMENT (ACE) COMPANY, LLC. Staff report by Jenny Haruyama, Management Analyst I. City Council Minutes September 2, 1998 Page 7 Councilmember Biane stated he and Councilmember Curatalo sit as the Cable Subcommittee, and would like to thank Jenny Haruyama, Management Analyst I, and Jerry Fulwood, Deputy City manager, for their work on this. He stated this should enhance the cable system so that the level of service is where it should be for the future. He stated the subcommittee supports this. Councilmember Curatalo stated all the legal requirements have been met to do this transfer. Bill Curley, Deputy City Attorney, stated Mr. Ridell from his law firm was also present to answer any questions the Council might have. RE. SOLUTiON NO. 98-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ASSIGNMENT AND FRANCHISE OF A CABLE TELEVISION FRANCHISE AGREEMENT BY DCA TELEVISION (DBA MARKS CABLEVISION) TO AMERICAN CABLE ENTERTAINMENT COMPANY, LLC MOTION: Moved by Biane, seconded by ~Nilliams to approve Resolution No. 98-160. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC There were no communications from the public, L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to executive session to discuss Public Employee Performance Evaluation, Fire/administrative Services Workshop Per Government Code Section 54957. City Council Minutes September 2, 1998 Page 8 Motion carried unanimously, 5-0. The meeting adjourned at 7:51 p.m. No action was taken in executive session. Respectfully submitted, l,Debra J. Ad~'fis, CMC City Clerk Approved: November 4, 1998