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HomeMy WebLinkAbout1998/01/21 - Minutes January 21, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES RequJar Meeting A. CA[,LTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 21, 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 7:17 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Diane Williams and President William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Brent LeCount, Associate Planner; Jon Gillespie, Traffic Engineer; Bill Makshanoff, Building Official; Suzanne Ota, Community Services Director; Dave Moore, Recreation Superintendent; Nettie Nielsen, Recreation Supervisor; Deborah Clark, Library Director; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCE~/IENTSIPRESENTATIONS No announcements/presentations were made. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 12/24/97 and 12/31/97 and Payroll ending 12/24/97 for the total amount of $1,978,560.89. D2. Approval to receive and file current Investment Schedule as of December 31, 1997. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Arrow Route Street Improvements, from Milliken Avenue to 775" east of Milliken Avenue and Arrow Route at Deer Creek Channel, to be funded from the Measure "1~ Fund, Account No. 10-4637-9609. City Council Minutes January 21, 1998 Page 2 RESOLUTION NO. 98-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE ARROW ROUTE STREET IMPROVEMENTS, FROM MILLIKEN AVENUE TO 775' EAST OF MILLIKEN AVENUE AND ON ARROW ROUTE AT DEER CREEK CHANNEL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the Re-Advertising of the "Notice Inviting Bids" for the Tapia Via Drive Street Improvements, from Grove Avenue to Rancheria Drive, to be funded from CDBG Funds, Account No. 28- 4333-9500. Staff has determined that the project is categorically exempt per Article 19, Section 15301¢) of the CEGA Guidelines. RESOLUTION NO. 98-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE TAPIA VIA DRIVE STREET IMPROVEMENTS, FROM GROVE AVENUE TO RANCHERIA DRIVE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to appropriate $411,808 for the Lions East Construction Project. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER BIANE, D6, Approval of a City policy for the installation of designated curbside parking spaces for disabled persons on public streets. D7. Approval to expend $8,325 for the City's participation in the Inland Empire Power Pool (Acct. No. 1- 4245-6036). D8. Approval to appropriate $20,000 from Transportation Development Fund 22 to be placed in Account No. 22-4637-9705 and award and authorize the execution of the Contract (CO98-004) for the Traffic Signals and Street Improvements at Fourth Street and Hermosa Avenue, in the amount of $154,000.00 ($137,196 plus a contingency of $16,804.00) to be funded from Prop. 111, Account No. 10-4637-9705, TDA Article 8, Account NQ 12-4637-9705 and Transportation Development, Account No. 22-4637-9705. D9. Approval of Real Property Improvement Contract and Lien Agreement (CO98-005) submitted by Foothill Auto Body, a California General Partnership,. located on the south side of Foothill Boulevard east of Archibald Avenue (9777 Foothill Boulevard) RESOLUTION NO. 98-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT SUBMITTED BY FOOTHILL AUTO BODY, A CALIFORNIA GENERAL PARTNERSHIP D10. Approval of Map, Improvement Agreement,. Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map No. 12659-4, located south of Wilson Avenue, east of Hanley Avenue, submitted by Centex Homes, a Nevada General Partnership. City Council Minutes Janua~ 21,1998 Page 3 RESOLUTION NO. 98-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659-4 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 98-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 12659-4 D11. Approval of the Map, Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance Distdct No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 15027, located on the north side of Vicara Drive, approximately 287 feet easterly of the intersection of Sapphire Avenue, submitted by Don J~ And Betty. J. Anderson. RESOLUTION NO. 98-009 A RESOLUTION OF ']'!HE C~TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 15072, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 98-010 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. 15072 D12. Approval of Amethyst Street Rehabilitation, from Base Line Road to 19th Street Project, Contract No. 97-051, as complete, Release the Bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $107,131.02. RESOLUTION NO. 98-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR AMETHYST STREET REHABILITATION, FROM BASE LINE ROAD TO 19TH STREET PROJECT, CONTRACT NO. 97-05t, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C~'~,~.~ ~,, ,.~,~.~. ~,.,, ,~.. , .~.~d,.~ ~,, ,~,, ,v,..,,~,, ,~..~N, City Council Minutes January 21, 1998 Page 4 AI I'l'LI/'NIC31'71kl~N 'T'LI¢:~ I~11 lkl~ J'NE~ A klJ'~Tl~Nl~ /"tl~ /N/Nlklr31 I~TlJ'Nkl ~'O~3~ 't'LIl~ %Ait"~r~V ITEM REMOVED FROM THE AGENDA. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of items 5 and 13. Motion carried unanimously, 4-0, with Biane abstaining from voting on item 8. DISCUSSION OF ITEM DS: Approval to appropriate $411,808 for the Lions East Construction Project, Councilmember Biane stated he felt residents and businesses should be notified about the pitfalls that can happen. Councilmember Williams felt this could be done in the V/sions Newspaper or through the Chamber of Commerce. Jack Lain, City Manager, stated something could go in the Grapevine and added even though the City does have insurance, they are negotiating to a settlement with the outside agency. MOTION: Moved by Biane, seconded by Williams to approve item 5. Motion carried unanimously, 4-0. E._~. CONSlaNT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF AN HISTORIC POINT OF INTEREST DESIGNATION 97-02 - C.O.R. PROPERTIES - A request to rescind the Local Historic Landmark Designation (LD92-02) and redesignate as a Point of Interest for the Pearson Filling Station and Garage, located at the northeast corner of Foothill Boulevard and Etiwanda Avenue, 12912 Foothill Boulevard -APN: 1100-061-02. RESOL. UTION NO. 98--013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING A REQUEST TO RESCIND LOCAL HISTORIC LANDMARK DESIGNATION 92-02 AND REDESIGNATE AS AN HISTORIC POINT OF INTEREST 97-02 FOR THE PEARSON FILLING STATION AND GARAGE, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE AT 12912 FOOTHILL BOULEVARD - APN: 1100-061-02 Staff report presented by Brent LeCount, Associate Planner. City Council Minutes January 21, 1998 Page 5 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Alexander stated the Historic Preservation Commission looked at this very carefully and that he agreed with their recommendation. Councilmembers Williams and Curatalo also agreed. MOTION: Moved by Curatalo, seconded by Williams to approve Resolution No. 98-O1 3. Motion carried 3-O-O-1 (Biane abstained). __G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H 1. CONSIDERATION OF AFTER SCHOOL. AT-RISK YOUTH PROGRAM GRANT IN THE AMOUNT OF $30.000.00 FROM THE SAN BERNARDINO COUNTY SUPERINTENDI~NT OF SCHOOLS Staff report presented by Suzanne Ota, Community Services Director. Councilmember Biane asked if there would be future funding possibilities for the next year. Suzanne Ota, Community Services Director, stated this is a one time grant that the State put in their budget and is only for this year. She stated they can inquire through Assemblyman Fred Aguiar's office about any future funding. Councilmember Biane asked about the Sony Playstation Suzanne Ota, Community Services Director, stated they are mostly entertaining, but some of them are somewhat educational. Councilmember Williams stated she will be abstaining from voting on this issue because she is a part time employee for the San Bernardino County Superintendent of Schools. Mayor Alexander felt this great was a great idea. Mayor Alexander opened the meeting for public comment. Addressing the City Council was: Toni Rhodes stated she felt it was an extremely exciting project, but asked for the Council to make sure the marketing, staff, equipment and facilities are available to all kids, even those with disabilities. There being no further response, the public: comments were closed. MOTION: Moved by Biane, seconded by Curatalo to approve the program. Motion carried 3-0-0-1 (Williams abstained).. City Council Minutes January 21, 1998 Page 6 I. COUNCIL BUSINESS I1. REVIEW OF RECREATION VEHICI~E CODE The item was continued to February 4, 1998. 12. CONSIDERATION OF FILLING VACANCY ON THE CITY COUNCIL Mayor Alexander opened the meeting for public comments. Addressing the City Council were: John Van Dorn commended the City for the way this has resolved. He felt it was best to let the people select the person to fill the vacancy. He stated if the City does not want to have an election or appoint someone, they can adopt an ordinance in the intedm so that the Council can fill the position until November. James Markman, City Attorney, explained that per Government Code Section 36512, the Council must fill the vacancy or call for a special election. He stated they have not adopted an ordinance and could not call this an urgency ordinance so they either have to appoint or call for an election. Toni Rhodes felt it was important that everyone is a 'team and did not feel the residents would be part of the team unless they have an election to fill the vacancy. Gary Kendrick stated he talked to people in the community and that they want this to go to a vote of the people. Jane Bradshaw, CCAR, stated it is important to CCAR who sits on the Council because of the Route 30 Task Force. She felt an election should be held Councilmember Williams felt the people should have 'the dght to vote who is put into office. She commented on the appointment process right after an election, but now t!he City is fourteen months after the election and felt the matter should go to a vote of the people. She felt very strongly about this. Councilmember Biane stated he thanked everyone who appointed him from years back. He stated his appointment was only a few weeks after the election, but that this is different. He stated if the Council was to appoint someone, he would go along with Dave Barker because he was the next highest vote getter. He did feel this should go to a vote of the people and to let the community decide. Councilmember Curatalo stated because there is still almost three years left on the term, he felt the people should be allowed to vote on this. Mayor Alexander felt Dave Barker would be very good on the Council, but agreed with what has already been said and felt the community has the right to express their opinion about this position. The City Clerk distributed Resolution 98-016 and 98-017 which called for the special election to be held June 2, 1998, and also a resolution establishing guidelines for candidate's statements. MOTION: Moved by Williams, seconded by C;uratalo to approve Resolution Nos. 98-016 and 98-017. Motion carried unanimously, 4-0. Councilmember Williams felt the political sign criteria should be adhered to and strictly enforced. City Council Minutes January 21,1998 Page 7 13. CONSIDERATION OF REQUEST FROM FORMER CITY COUNCILMEMBER REX GUTIERRF7 FOR CONTINUATION OF BENEFITS Staff report presented by Jack Lain, City Manager. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Gary Kendrick stated he can sympathize with Mr. Gutierrez, but added this is the public's money, not the City Council's. He felt Mr. Gutierrez should pay for his own insurance. He asked that the Council deny Mr. Gutierrez's request. Toni Rhodes felt Mr. Gutierrez was a good Councilmember and had done a lot for the City. She suggested his request be granted.. She thanked him for his contribution to the community. There being no further input, public comments were closed. Councilmember Curatalo felt the benefits should be extended for four months or until Mr. Gutierrez gets employment with insurance, whichever comes first. He felt this was important because of the children involved. Councilmember Biane stated he agreed with Councilmember Curatalo and felt Mr. Gutierrez gave a lot to the City. He added this was a small amount of money and that this was the best thing for his family. He stated he supported the request by Mr. Gutierrez. Councilmember Williams stated she would also support Mr. Gutierrez's request. Mayor Alexander stated Mr. Gutierrez did a lot for the community, but questioned using public funds for this. He stated he was asked if the City ever did this for any other employee of the City, and thought the answer was no. He added he would "pitch in" his portion to make up the premium for the insurance for the sake of Mr. Gutierrez's children. Councilmember Biane stated he would join in this suggestion. Councilmember Williams stated she would agree to this for three months. MOTION: Moved by Alexander, seconded by Biane n_g} to have the City participate through public funds, but for the Councilmembers to commit to pay out of their own pocket for three months of insurance premiums, unless Mr. Gutierrez gets his own insurance before the three month time period ends. Motion carried unanimously, 4-0. 14. PARK AND RECREATION FACILITIES UPDATE~ A. PARKS & FACILITIES UPDATE 1. Lions East Community Center 2. Lions West Community Center 3. Rancho Cucamonga Senior Center 4. R.C. Family Sports Center 5. Skate Park 6. Civic Center 7. Stadium 8. Etiwanda Creek Park City Council Minutes January 21, 1998 Page 8 9. Bear Gulch Park 10. Windrows Park B. COMMUNITY SERVICES UPDATE 1. Lions East 2. R.C. Family Sports Center' 3. Teen Activities 4. Sports 5. Classes 6. Senior Van Transportation 7. Trips and Tours 8. Seniors 9. Human Services 10. Epicenter Report received and filed. Councilmember Biane asked if the skate park would be ready for the summer. Bill Makshanoff, Building Official, stated he was not sure this was even submitted for plan check at this point. Jack Lam, City Manager, stated staff would check into this. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams stated she attended the Chamber's Government Relations Committee meeting and received information from Jim Brulte's office on the smoking ban which is an unfunded mandate to enforce this. She felt the City needed to get on top of this. She wondered how the City would enforce this through code enfomement or the police and how it would work to pull the police off of something sedous for a smoking violation. Bill Makshanoff, Building & Safety Official, stated the staff is already looking into this and that the County already has an enforcement program. He added they would bring back more information to the Council on this. K. COMMUNICATIONS FROM THE PUBLIC K1. Luella Harrison asked for the Council to look into a sign being posted in the children's play area of parks banning them from smoking in this area She was concerned about second-hand smoke and the danger of it. K2. Toni Rhodes stated she would like to revisit the $30,000 grant item to be sure all kids are included. She would like to hear what is being planned for all of the kids, including the handicapped. Jack Lain, City Manager, stated Suzanne Ota, Community Services Director, would contact Ms. Rhodes and explain the program to her. City Council Minutes January 21, 1998 Page 9 K3. John Lyons commended the Council for expending their own money for Mr. Gutierrez's benefits. He stated he would like to see how much money the "Rex Episode" cost the City and collect it from his newspaper. He felt it was wrong for insiders to give information that should not be, when the rest of the community does not have it, as Mr. Gutierrez had previously done with his clients. K4. John Holt thanked the Council for what they did on calling for the election. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Biane to adjourn to executive session to discuss A) Labor Negotiations per Govemment Code Section 54957.6. to give Larry Temple, Administrative Services Director, direction in regards to the Meet and Confer process; B) Property Negotiations per Government Code Section 54956.8 for relocation and acquisition of property currently located at the northwest corner of Highland and Etiwanda; Brad Buller, City Planner, negotiating party; regarding price and terms of payment; C) 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 8:27 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adam ,~,~MC City Clerk Approved: March 4, 1998