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Home My WebLink About1998/03/18 - Minutes March 18, 1998 CITY OF RANCHO CUCAMONGA CFI'Y COUNCIL MINUTES Regular Meeting A. CA~L TO ~ A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 18, 1998, in the Council Chambers of the Civic Center, located at 10,500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:15 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatato, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager', James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Brad Buller, City Planner; Nancy Fong, Senior Planner; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protectlion District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B, ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of an award for participation in the Countywide Christmas Tree Recycling. B2. Presentation of an award for participation in the 1997 Second Chance Day on October 18, 1997. Awards presented by Bob Zetterberg, Integrated Waste Coordinator, and the City Council by Sue Patane of NORCAL. Mayor Alexander stated he wanted to thank Bob Zetterberg, Integrated Waste Coordinator, and Diane O'Neal, Assistant to the City Manager, for their work on these projects. B3. Special announcement regarding the 1998 Library Telethon. Paula Pachon, Library Foundation, informed everyone about the telethon and invited the community's participation in this event. Jack Lam, City Manager, announced there will be a line dance featuring the City Council on Saturday night. City Council Minutes March 18, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Earl Olson, Yew Street, commented about his concerns brought up at the last meeting because of a recent murder in his area. He stated Shintu Bose, Deputy City Engineer, had contacted him indicating the Council would like to see where he was interested in putting up the block wall. He asked when the Council could go look at this. Mayor Alexander stated he would have Joe O'Neil, City Engineer, or Shintu Bose, Deputy City Engineer, contact him to set up a time for the Council to look at this. C2. Rex Gutierrez, 11021 Carlow Court, read through a list of items he asked for staff to follow up on (the list is on file in the City Clerk's office). C3. Gary Kendrick wanted to thank the Engineering Division for their work in talking to him regarding some homes being built across the street from him. He appreciated their time and effort. C4. Tim Hall, Executive Director of the Chamber of Commerce, wanted to introduce himself and stated the Chamber is here for the business community. C5. James Markman, City Attorney, asked the City Council to add item 20 to the Consent Calendar. MOTION: Moved by Biane, seconded by Curatalo to add item 20 to the Consent Calendar. Motion carried unanimously, 4-0. D. CONSENT CA!,ENDAR D1. Approval of Minutes: February 18, I998 D2. Approval of Warrants, Register Nos. 2/18/98 and 2/25/98 and Payroll ending 2/15/98, for the total amount of $1,672,791.44. D3. Approval to receive and file current Investment Schedule as of February 28, 1998. D4. Alcoholic Beverage Application for On-Sale Beer and Wine for Rublos Baja Grill, Rublos Restaurants Inc., A Del Corp., 10798 Foothill Blvd., Ste 120. D5. Alcoholic Beverage Application for (:)n-Sale Beer and Wine for an unnamed business, Chuenchit & Donald C. Fuller, 9134 Foothill Blvd. ITEM REMOVED FOR DISCUSSION BY GARY KENDRICK. D6. Alcoholic Beverage Application for Off-Sale Beer and Wine for Haven Mobil, William S. Sippel, 10477 Lemon Avenue. D7. Approval to transfer a surplus city radio to the County of San Bernardino in exchange for a new radio for the Mobile Community Service and Command Vehicle. City Council Minutes March 18, 1998 Page 3 D8. Approval of City Council's Park and Recreation Subcommittee's recommendation to fill terms expiring June 30, 1998. D9. Approval of request to summarily vacate easements for reciprocal ingress and egress, parking and fire clearance over the proposed Lucky Supermarket site, CUP 97-19, located at the northwest corner of Vineyard Avenue and Foothill Boulevard -APN 201-102-03, -05, -08, -15, -20, -21 and -29 RESOLUTION NO. 98-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EASEMENTS FOR RECIPROCAL INGRESS AND EGRESS, PARKING AND FIRE CLEARANCE OVER THE PROPOSED LUCKY SUPERMARKET SITE, CUP 97-19, LOCATED AT THE NORTHWEST CORNER OF VINEYARD AVENUE AND FOOTHILL BOULEVARD D10. Approval of an Improvement Agreement and Improvement Securities and Ordering the Annexation to Landscape Maintenance Distdct No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 96- 34, located at the northwest corner of 6th Street and Utica Avenue, submitted by BCI Coca-Cola Bottling Company of Los Angeles. RESC)LUTION NO. 98-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DR 96-34 RESOLUTION NO. 98-043 A RESOLUTION OF ']'HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 96-34 D11~ Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map No. 15074, located on the north side of La Vine Street, 280 feet east of Hellman Avenue, submitted by Mr. Denning M. Perdew, Executor for the Estate of John Lynn Perdew. RESOLUTION NO. 98-044 A RESOLUTION OF ']"HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15074, IMPROVEMENT AGREEMENT' AND IMPROVEMENT SECURITY RESOLUTION NO. 98-045 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 PARCEL MAP NO. 15074 City Council Minutes March 18, 1998 Page 4 D12. Approval of Professional Services Agreement (CO98-011) with Dream Engineering to provide design services for lighting at Northeast Park ballfields, and appropriation of $10,230 ($9,300 plus 10% contingencies), to be funded from Park Development Fund 20. D13. Approval to award and authorization for execution of the Contract (CO98-012) for the Tapia Via Drive Street Improvements, from Grove Avenue to Rancheria Drive, to E. A. Mendoza Contracting, in the amount of $196,750.00 ($178,700.00, plus 10% contingency) to be funded from CDBG Funds, Account No. 28-4333- 9500. D14. Approval to award and authorization for execution of the contract (CO98-013) for the Arrow Route Street Improvements from Milliken Avenue to 775' east of Milliken Avenue and Arrow Route at Deer Creek Channel, to Riverside Construction, in the amount of $63,063.44 ($57,330.40, plus 10% contingency) to be funded from Measure I funds, Account No. 32-4637-9607 and Fund Proposition 111, Account No. 10-4637- 9607. D15. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for 5701 Sapphire Street. Release: Faithful Performance Bond LC $24,625.00 Labor & Material LC $13,313.00 RESOLUTI(.)N NO.. 98-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 5701 SAPPHIRE STREET, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D16. Approval to accept improvements, release the Faithful Performance Cash Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for CUP 95-20, located on the southwest corner of Arrow Route and Red Oak. Release: Faithful Performance Bond Cash $12,100.00 Accept: Maintenance Bond Cash $ 1,210.00 RESOLUTION NO, 98-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 95-20, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D17. Approval of the Engineer's Report and setting of the Public Hearing for May 6, 1998, to levy the annual assessments for Fiscal Year 1998/99 and approve the Engineer's Report for Park and Recreation Improvement District (PD-85). City Council Minutes March 18, 1998 Page 5 RESOLUTION NQ 98-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85), FOR THE FISCAL YEAR 1998/99 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 98-049 A RESOLUTION OF THE! CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) D18. Approval of Enginee¢s Reports and setting of the Public Hearing for May 6, 1998, to levy the annual assessments and approve the Engineer's Reports for Fiscal Year 1998/99 for Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, and 8. RESOLUTION NQ 98-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1,2, 3A, 3B, 4, 5, 6, 7, AND 8, FOR THE FISCAL YEAR 1998/99 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 98-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, AND 8. D19. Approval of the Engineer"s Reports and setting of the Public Hearing for May 6, 1998, to levy the annual assessments for Fiscal Year 1998/99 and approve the Engineer's Reports for Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7, and 8. RESOLUTION NO. 98-052 A RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHT MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, AND 8, FOR THE FISCAL YEAR 1998/99 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE OF HEARING OBJECTIONS THERETO City Council Minutes March 18, 1998 Page 6 RESOLUTION NO. 98-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, AND 8 D20. Approval to advertise the "Notice Inviting Bids" for the construction of traffic signals and safety lighting at the intersection of Arrow Route and Red Oak Street; funding to be determined at time of award. RESOLUTION NO.. 98-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF ARROW ROUTE AND RED OAK STREET IN SAID CITY AND AUTHORIZl NG AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar with the inclusion of item 20. Motion carried unanimously, 4-0. DISCUSSION OF ITEM D5. Alcoholic Beverage Application for On-Sale Beer and Wine for an unnamed business, Chuenchit & Donald C. Fuller, 9134 Foothill Blvd. Gary Kendrick stated he understands, that ABC has more pu~l than the City regarding approving these types of things; however, he felt the City should have more power. He stated the owners of this business have not followed up on their conditions of approval already placed on them by the City. He wished the Council would do something to get more control over these types of things. Councilmember Williams stated that if Mr. Kendrick has a legislator who will support a bill to change this, the City would be happy to go along and support: it.. James Markman, City Attorney, stated he did not know of anything the ABC would do if the City objected to the approval of this. E. CONSENT ORDINANCES No Items Submitted. F. ADVERT!~I~D_PUB!~IC HEARINGS No Items Submitted. City Council Minutes March 18, 1998 Page 7 ~. PUBLIC HEARINGS G1. CONSIDERATION OF AN APPEAL BY RUBlOS BAJA GRILL/LEWIS HOMES REGARDING PATIO FURNITURE IN TERRA VISTA TOWN CENTER, TO HAVE A CORPORATE DESIGN THATCHED {'PALAPAS) STYLE OF OUTDOOR PATIO UMBREiLLAS.FOR A 2,200 SQUARE FOOT RESTAURANT IN A MULTI-TENANT PAD BUILDING. LOCATE;D QNTHE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF ASPEN DRIVE AND WEST OF MONTGOMERY WARDS -APN: 107.7-421-76 Staff report presented by Nancy Fong, Senior Planner. Councilmember Williams asked if the palapas would be sturdy and strong enough to withstand the high winds that we get in Rancho Cucamonga. Nancy Fong, Senior Planner, stated they do meet the Fire and Building and Safety Codes. Mayor Alexander opened the meeting for public hearing Addressing the City Council was: Ted Frumkin, representing Rubios, presented the history of how the palapas were developed to fit into the theme of their business. He also presented the Council pictures for their review. He stated they do not want to take away from the architectural theme, but wanted to enhance it. He felt the palapas met the architectural style and asked for the Council to approve this. He also pointed out they are fire retardant. There being no further response, the public hearing was closed. Councilmember Williams felt they would have problems because of the high winds that occur in Rancho Cucamonga. She asked about the life expectancy of the pa,{apas. Ted Frumkin, representing Rublos, stated about three years. He added they do have a certain look they want the palapas to have. Councilmember Biane stated he shares the concerns of Councilmember Williams and would like to see this monitored by staff in case there are problems, and then something can be done. He felt conditions should be placed on them in case there is a problem. Mr. Frumkin, representing Rublos, stated he would be happy to leave his business card and that he can be contacted in case there arE; any problems with the palapas. Mayor Alexander pointed out there was a split vote of the Planning Commission. Councilmember Williams asked if this is approved, will they not hang ugly signs and banners all around the outside of their business. Mr. Frumkin, representing Rubios, stated they do not hang banners all over the outside of their business. James Markman, City Attorney, stated he has changed the Resolution in the agenda packet to approve the appeal which would be reflected in Resolution No. 98-054 on file in the City Clerk's office. City Council Minutes March 18, 1998 Page 8 RESOLUTION NO. 98-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSlON'S DECISION IN DENYING A REQUEST TO HAVE CORPORATE DESIGN (PALAPAS) OUTDOOR PATIO UMBRELLAS FOR A 2,200 SQUARE FOOT RESTAURANT IN A MULTI-TENANT PAD BUILDING, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, EAST OF ASPEN DRIVE AND WEST OF MONTGOMERY WARDS - APN: 0177-421-76, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Williams to approve Resolution No. 98-054 as amended by the City Attorney. Motion carried unanimously, 4-0. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. I. COUNCIL BUSINESS I1. CONSIDERATION OF PARK ANO R!~QR!~ATION COMMISSION RECOMMENDATION REGARDING ALLOCATION OF FUNDS FROM "GUESS WHO" CONCERT Staff report by Dave Moore, Recreation Superintendent~ MOTION: Moved by Biane, seconded by Curatalo to approve staffs recommendation. Motion carried unanimously, 4-0. Councilmember Williams felt that any other unexpected funds that come the City's way should be used to set up an endowment for Community Foundation scholarships. She asked that this be done in the future. 12. UPDATE FROM THE MARCH 10. 1998 RT_~.30 TASK FORCE MEETING Staff report presented by Joe O'Neil, City Engineer'.. Councilmember Biane stated that there had been a request to put in a stop sign at Summit and Etiwanda and felt with the detours of the freeway that this might be very helpful. ACTION: Report received and filed. City Council Minutes March 18, 1998 Page 9 13. PARK AND RECREATION FACILITIES UPDATF= A. PARKS & FACILITIES UPDATE Lions East Community Center 2.Lions West Community Center 3.Rancho Cucamonga Senior Center 4.R.C. Family Sports Center 5.Skate Park 6. Stadium 7,Hedtage and Red Hill Parks 8,Eftwanda Creek Park 9.Vintage Park 10. All Park Facilities B. COMMUNITY SERVICES UPDATE 1.Seniors Teen Activities 3. Youth Activities 4.R.C. Family Sports Center 5.Satellite Registration Location 6.Community-Wide Special Events 7.Trips and Tours 8.Human Services 9.Vietnam Memorial 10. Epicenter ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Mayor Alexander asked that information come back to the Council within the next couple of meetings on creating an endowment through the Community Foundation to help the sports groups. K. COMMUNICATIONS FROM THE PUBLIC K1. Primo Morales thanked the Council for what they did with the "Guess Who" funds. He also informed Councilmember Williams that every organization does have scholarship funds available. Councilmember Williams felt this information needs to get out to the community so they are aware of this. City Council Minutes March 18, 1998 Page 10 L, ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to adjourn to executive session to discuss Personnel Matters per Government Code Section 54957; and Property Negotiations per Government Code Section 54956.8 for property located on Rochester between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fulwood, Deputy City Manager, Negotiating Parties; regarding terms of agreement. Motion carried unanimously, 4-0. The meeting adjourned at 8:20 p.m. No action was taken in executive session. Respectfully submitted, Dl~bra J. Adar~, CMC City Clerk Approved: May 6, 1998