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HomeMy WebLinkAbout2000/04/05 - Minutes April 5, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTE8 Reqular MeetinQ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 5, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:23 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: Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Larry Temple, Administrative Services Director; Sid Siphomsay, Info Systems Analyst; Shelly Munson, Info Systems Specialist; Rick Gomez, Community Development Director; Brad Buller, City Planner; Dan Coleman, Principal Planner; Brent LeCount, Associate Planner; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Dave Lau, Police Department; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation declaring the April 9 - 15 as "Victim's Rights Week" in Rancho Cucamonga. Mayor Alexander presented the proclamation to Hedie Foss of Families and Friends of Murder Victims. Ms. Foss stated there would be a candlelight ceremony in front of City Hall tomorrow night at 6:30 and invited the public to attend. B2. Presentation of a Proclamation recognizing the accomplishments of the Ruth Musser Middle School Competitive Cheerleading Squad. Mayor Alexander presented the proclamation and certificates to the girls. B3. Mayor Alexander announced that the City would like to thank Senator Nell Soto for her support and presentation at a hearing today before the Senate Local Government Committee for SB 1982 and SB 2000 which deals with fiscal reform for Focal municipalities. This is an example of how Senator Soto is listening to Rancho Cucamonga's concerns. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons of Etiwanda stated he supports the Central Park election and added he had just received his ballot and encouraged everyone to vote yes for this ballot measure. City Council Minutes April 5, 2000 Page 2 C2. George Georgiou stated he wanted to talk about the Municipal Code. He felt the City's Code was incomplete. He asked what the new law was pertaining to his appeal process since he did not see it in the Municipal Code Book. He also suggested that the Code Book go on line for easier access to it. C3. Malon Sampson, Calico Court, stated he was urging people to vote yes for Central Park. He stated there was an alternate channel plan for the Lauren Project submitted to the Engineering Department. He stated in that submittal it is stated they do not need any additional permits from flood control or anybody else. He encouraged staff to look at this very closely before they process the alternate channel permit any further. C4. Harry Gupta stated he supported Central Park and encouraged everyone to vote for it. He asked that the levee for the Lauren project not be removed. He asked that safety be considered. C5. John Allday, representing Lauren Development, stated he would like to reinforce what Mayor Alexander stated that the drainage channel will follow all regulations in order to make it safe. He stated they have in the past and will continue to do so in the future. C6. Roger and Patty Baker stated they wanted to bring up a code enforcement landscaping issue for which they are being prosecuted for violating these provisions. He added they have done $20,000 worth of landscaping to their yard. He stated he felt the timeframe for landscaping a yard is unreasonable and felt they should be changed. Mayor Alexander stated because this was not agendized, no action can be taken this evening. He asked for the Building Official or City Attorney to address this. Bill Makshanoff, Building Official, stated he did talk to Mrs. Baker this afternoon about this issue and also talked to the City's Deputy City Prosecutor about a civil compromise which would avoid prosecution of the case and ultimately lead to a dismissal. He stated he spoke to the City Attorney about this possibility as well. He added that as of today, it is now in compliance with the code requirements. He stated it wasn't as of March 14 when the arraignment hearing took place, but stated staff is willing to go back into court and ask the coud to consider a civil compromise. He stated there would be a restitution fee paid to the City and that the City could ask for a dismissal of the case so there would be no official record of it. James Markman, City Attorney, agreed with the civil compromise process and stated the $500 in restitution the City is requesting does not cover all of the costs associated with this. Bill Makshanoff, Building Official, added this case started in September, 1998, and that after one and a half years the City had no alternative but to go further through the courts. D. CONSENT CALENDAR D1. Approval of Minutes: February 16, 2000 March 1, 2000 March 15, 2000 City Council Minutes April 5, 2000 Page 3 D2. Approval of Warrants, Register Nos. 3/8/00, 3/15/00 and 3/22/00 and Payroll ending 3/2/00 for the total amount of $2,555,704.47. D3. Approval to declare Surplus Miscellaneous City-Owned Equipment. D4. Approval of a Resolution Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for CUP 98-17, located at the southwest corner of Hermosa Avenue and Arrow Highway, submitted by Mike Giurbino. RESOLUTION NO. 00-052 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 CUP 98-17 D5. Approval of a Resolution approving the application for California Beverage Container Recycling and Litter Reduction annual payment by the California Department of Conservation Division of Recycling. RESOLUTION NO. 00-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ANNUAL PAYMENT BY THE CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING D6. Approval of disposition of a portion of City-owned property, generally within the Nodhtown area, located on the south side of Feron Boulevard, west of Hermosa Avenue, submitted by Northtown Housing Development Company. RESOLUTION NO. 00-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "D" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSON NAMED THEREIN D7. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for CUP 99-08, located at the southeast corner of Hermosa Avenue and 19th Street, submitted by Rancho Cucamonga Retirement Residence LLC. City Council Minutes April 5, 2000 Page 4 RESOLUTION NO. 00-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CUP 99-08 RESOLUTION NO. 00-056 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 CUP 99-08 D8. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 99-52, located on the southwest corner of San Marino Street and Charles Smith Avenue, submitted by Oltmans Construction Company. RESOLUTION NO. 00-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-52 RESOLUTION NO. 00-058 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 DFISTRICT NOS. 1 AND 6 FOR DR 99-52 D9. Approval of Improvement Agreement, Improvement Security and Monumentation Cash Deposit for Tract 13759, located on the west side of Haven Avenue, north of the Southern Pacific Railroad, submitted by Forecast Group L.P., and release of previously submitted Improvement Agreement and Monumentation Cash Deposit previously accepted by City Council on January 20, 1999, from Ovedand Haven, LLC RESOLUTION NO. 00-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT FOR TRACT 13759 AND RELEASING THE IMPROVEMENT AGREEMENT AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 20, 1999 City Council Minutes April 5, 2000 Page 5 D10. Approval to renew the contract with Holiday Printing (CO 97-039) for the printing of the Grapevine in the amount of $70,572.00 for four issues. Dll. Approval of request to enter into Communications Site Ground Lease Agreement at Heritage Park between Cox Communications and the City of Rancho Cucamonga (CO 00-015) for the purpose of installing a Wireless Communication Facility for Cox's Personal Communication Service. D12. Approval to accept bids received, and award and authorize the execution of the Contract in the amount of $128,639.06 ($116,944.60 plus 10% contingency) to the apparent low bidder, K.A.S. Equipment & Rental, Inc., (CO 00-016) for the construction of the ADA 1999/2000 Access Ramp and Drive Approach Improvements at various locations along Hermosa Avenue, Haven Avenue, 6th Street and Arrow Route, to be funded from Measure I Funds, Account Nos. 32-4637-9804 and 32-4637- 9113, and TDA ART 3 Funds, Account No. 16-4637-9106. D13. Approval to accept bids received, waive any and all minor irregularities in the bidding documents submitted by the apparent low bidder, and award and authorize the execution of the Contract in the amount of $245,952.84 ($223,593.49 plus 10% contingency) to the apparent low bidder, RVC Roadway Construction, Inc., (CO 00-017) for the construction of the Sapphire Street Pavement Improvements from Moon Court to Almond Street, to be funded from Measure I Funds, Account No. 32-4637-9606. D14. Approval to award and authorize the execution of the Contract for the Construction of 1999/2000 FY Local Street Rehabilitation, Overlay, to RVC Roadway (CO 00-018) in the amount of $152,164.32 ($138,331.20 plus 10% contingency) to be funded from Measure I, Account No. 32- 4637-9113. D15. Approval to award and authorize the execution of the Contract for the Construction of 1999/2000 FY Local Street Rehabilitation, Slurry Seal, to California Pavement (CO 00-019) in the amount of $231,040.60 ($210,036.91 plus 10% contingency) to be funded from Measure I, Account No. 32-4637-9113. D16. Approval to accept Improvements, release the Faithful Performance Bond, accept a deposit as a Maintenance Bond, and file a Notice of Completion for Improvements for CUP 98-17, located on the southwest corner of Hermosa Avenue and Arrow Route, submitted by Michael A. Giuribino. RESOLUTION NO. 00-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-17 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D17. Approval to accept Improvements, release the Faithful Performance Bonds, accept Maintenance Bonds, and file a Notice of Completion for Improvements for Tracts 13564 -1,-2,-3,-4, submitted by Standard Pacific Corporation, located north of Wilson, between Wardman Bullock and San Sevaine RESOLUTION NO. 00-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 13564 -1 ,-2,-3,-4 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 5, 2000 Page 6 D18. Approval to accept the Vineyard Avenue Bus Bay Project, Contract No. 99-095, as complete, release the Bonds, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $84,557.00. RESOLUTION NO. 00-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE VINEYARD AVENUE BUS BAY PROJECT AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION MOTION: Moved by Curatalo, seconded by Dutton to approve the staff recommendation sin the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES NoltemsSubmi~ed. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 99-01 - CATELLUS - A request to amend the Industrial Area Specific Plan definition of Specialty Building Supplies and Home Improvements to conditionally permit buildings over 25,000 square feet. Staff report presented by Brent LeCount, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response the public hearing was closed. Debra J. Adams, CMC, City Clerk, read the title of Ordinance No. 620. ORDINANCE NO. 620 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 99-01, AMENDING THE INDUSTRIAL AREA SPECIFIC PLAN DEFINITION OF SPECIALTY BUILDING SUPPLIES AND HOME IMPROVEMENTS TO CONDITIONALLY PERMIT BUILDINGS OVER 25,000 SQUARE FEET, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Curatalo, seconded by Williams to waive full reading and set second reading of Ordinance No. 620 for April 19, 2000. Motion carried unanimously 5-0. City Council Minutes April 5, 2000 Page ? F2. CONSIDERATION OF TERRA VISTA COMMUNITY PLAN AMENDMENT 99-01 - LEWIS DEVELOPMENT COMPANY - A request to amend the Terra Vista Community Plan to redesignate the land use district for Parcel 1 of Parcel Map No. 14786 from Medium Residential (8-14 dwelling units per acre) to Elementary School, located at 7889 East Elm Avenue -APN: 1077-421-81. Staff repod presented by Brent LeCount, Associate Planner. Mayor Alexander 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. 621. ORDINANCE NO. 621 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT 99-01, AMENDING THE TERRA VISTA COMMUNITY PLAN LAND USE MAP TO REDESIGNATE THE LAND USE DISTICT FOR PARCEL 1 OF PARCEL MAP 14786 FROM MEDIUM RESIDENTIAL (8 TO 14 DWELLING UNITS PER ACRE) TO ELEMENTARY SCHOOL, LOCATED AT 7889 EAST ELM AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF (APN: 1077-042-88) MOTION: Moved by Curatalo, seconded by Williams to waive full reading and set second reading of Ordinance No. 621 for April 19, 2000. Motion carried unanimously 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A WAIVER OF THE PLANNING COMMISSION DESIGN POLICY REQUIRING THE USE OF TILE ROOFING MATERIAL FOR THE RESIDENCE 'OF CHARLES BADDER AT 10336 HIDDEN FARM ROAD Staff report presented by Brent LeCount, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Charles Badder, 10336 Hidden Farm Road, talked about the roofing material he used. He referred to and read from his letter, which is in the agenda packet, dated March 19, 2000. Mayor Alexander advised Mr. Badder he should have gone back to the City and asked if he cbuld change his roofing material from what was originally approved. He stated if something is to be enforced, it needs to be a law or an ordinance as opposed to just a policy. Councilmember Curatalo stated he agreed with Mayor Alexander and could understand why Mr. Badder did what he did. He asked if the Council were to let Mr. Badder do this, how could the City prevent this from happening again. Brad Buller, City Planner, agreed that an ordinance is more strong as opposed to a policy. City Council Minutes April 5, 2000 Page 8 Mr. Badder felt tile was fine, but options should be allowed that are comparable to tile. He stated he wants his house to look nice. Councilmember Dutton stated he was concerned with the roof withstanding winds. He also asked Mr. Badder why he didn't put in fire sprinklers. Mr. Badder stated he did not want the added cost and wasn't sure some manufacturers had good products. Allen Smith, Moreno Place, stated he is representing the Badder Family. He stated he felt the Badder's have a lack of experience in building matters. He stated if he knew they were going to do this, he would have advised them how to handle it. Councilmember Biane stated when there are policies they need to be enforced. He stated he has seen the house and felt architecturally it is acceptable to meet the City's standards. He felt the policy should allow some flexibility. Jim Frost stated he questions whether the policy adopted by the Planning Commission is appropriate. He felt something like this should be done at the Council level. He talked about how the Planning Commission voted on this matter. He felt the Commission should not have voted on this issue and that it should have had the Council's guidance. He did not feel every roof in the City should be the same. There being no further input, the public hearing was closed. Councilmember Dutton stated there was a policy in place and it was not followed. He felt this was an aesthetic issue and not safety. He stated he hated to make an exception for this unless homeowners in the area agreed with what Mr. Badder used for his roof. He agreed with Mayor Alexander that an ordinance needed to be developed for this matter. He felt the Planning Commission should look at this issue. Councilmember Williams stated she is concerned that they had an approved set of plans and did not follow them. She stated it is very clear this is the only composition roof in this area. She felt some kind of landscaping with tall trees might help to hide the roof and that possibly this can be done through landscaping requirements. Mayor Alexander felt Mr. Badder should take some responsibility but felt the City should also take responsibility by putting this policy into an ordinance. He stated he is not in favor of him having to remove the existing roof. He felt Building and Planning should work together to come up with an ordinance for roof types. He agreed with Councilmember Williams on the landscaping issue. Councilmember Dutton stated he would like to get information from the City Attorney about this being a binding decision since it is only a Design Review Policy. Brad Buller, City Planner, stated the legal approval of the plans is as binding as an ordinance. James Markman, City Attorney stated the family should have come back to the City to change the material of the roof since there was as an approved set of plans. He continued to make comments about the building code which does not prescribe roofing materials in the way the Council is discussing this. He stated they will bring something back to the Council in the way of an ordinance. Councilmember Biane stated he would like to explore changing the policy as well as develop an ordinance. City Council Minutes April 5, 2000 Page 9 Brad Buller, City Planner, suggested the Council grant the appeal and waiver for the house located at 10366 Hidden Farm Road regarding roofing material and that the landscaping material be reviewed and approved by the City Planner to mitigate and buffer the roof material from the neighbors. He stated staff should be directed to look at alternative ordinances or amendments to the policy whichever best meets the direction that the Council is looking for. He stated they would take this to the Planning Commission and then bring it back to the Council for final action. Councilmember Dutton stated he is still concerned about the properly owners input in the area near this home. Councilmember Willjams stated the future builders in this area might want to do this same thing and felt the City may be in for some surprises. Councilmember Dutton inquired if the neighbors up there were notified of this meeting. Brad Bullet, City Planner, stated they were not notified by the City, but he had spoken to many of them about the hearing to take place tonight. Mr. Badder informed the Council they are spending $65,000 for landscaping and that he would sit down with the Planning Department to make sure there are mature trees or landscaping planted. Councilmember Willjams felt he should sit down with the Planning staff to make sure that landscaping will be done to soften the roof appearance. MOTION: Moved by Alexander, seconded by Curatalo to approve the appeal and grant the waiver for this property with the condition that the final landscape plan be reviewed and approved by the City Planner for purposes of buffering or mitigating the affects of the view of the roof to the neighbors. Motion carried unanimously 4-1 (Dutton). MOTION: Moved by Dutton, seconded by Williams to direct staff to bring back an ordinance or policy alternative for addressing this issue. Motion carried unanimously 5-0. A recess was taken at 8:53 p.m. Councilmembers present. The meeting was called back to order at 9:05 p.m. with all G2. CONSIDERATION OF AN ORDINANCE TO ESTABLISH PRIMA FACIE SPEED LIMITS ON VARIOUS STREETS Staff report presented by Jon Gillespie, Traffic Engineer. Mayor Alexander 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. 622 ORDINANCE NO. 622 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMQNGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS City Council Minutes April 5, 2000 Page 10 MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 622 for April 19. Motion carried unanimously 5-0. G3. CONSIDERATION OF AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE II OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE LOCATION OF REGULAR CITY COUNCIL MEETINGS AND DETERMINING THE DAYS, PLACE AND TIME FOR HOLDING REGULAR MEETINGS OF THE CITY COUNCIL Staff report presented by Debra Adams, City Clerk. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: George Georgiou felt the Resolution was not complying with the Brown Act and felt the language should be modified to state an executive session will occur if certain conditions apply. James Markman, City Attorney, stated that is not correct and the Ordinance and Resolution before the Council should be approved as presented. Debra J. Adams, City Clerk, read the title of Ordinance No. 421A. ORDINANCE NO. 421A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.12.010 OF CHAPTER 2.12 OF TITLE II OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE LOCATION OF REGULAR CITY COUNCIL MEETINGS MOTION: Moved by Curatalo, seconded by Biane to waive full reading and set second reading of Ordinance No. 421A for the April 19, 2000 City Council meeting. Motion carried unanimously 5-0. RESOLUTION NO. 90-227A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAYS, PLACE AND TIME FOR HOLDING REGULAR MEETINGS OF THE CITY COUNCIL MOTOIN: Moved by Williams, seconded by Biane to approve Resolution No. 90-227A. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO AWARD AND EXECUTE A CONTRACT TO BOYLE ENGINEERING CORPORATION (CO 00-020) FOR PREPARATION OF A TRAIL SYSTEM MASTER PLAN WITHIN THE FORMER SOUTHERN PACIFIC BALDWIN PARK RAILROAD CORRIDOR ('PACIFIC ELECTRIC RAILWAY) IN THE AMOUNT OF $152,000, TO BE FUNDED FROM VALLEY MEASURE I TRAFFIC MANAGEMENT AND ENVIRONMENTAL ENHANCEMENT FUNDS DEPOSITED BY THE SAN BERNARDINO ASSOCIATED GOVERNMENTS INTO ACCOUNT NO. 01-3901-7310 (FY 00/01 ) Staff report presented by Dan Coleman, Principal Planner. City Council Minutes April 5, 2000 Page t t MOTOIN: Moved by Williams, seconded by Curatalo to approve CO 00-020. Motion carried unanimously 5-0. H2. CONSIDERATION OF A REQUEST TO UPDATE THE CITY'S SMOKING ORDINANCE Staff report presented by Duane Baker, Assistant to the City Manager. MOTOIN: Moved by Biane, seconded by Dutton to proceed and refer this matter to the Public Safety Subcommittee to evaluate. Motion carried unanimously 5-0. H3. CONSIDERATION OF A RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION ON A POLICY FOR INSTALLATION OF SCOREBOARDS AT CITY PARKS Staff repod presented by Dave Moore, Recreation Superintendent. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Primo Morales stated he supports the policy but wanted to modify the 3 years. He felt each group should be judged based on the amount they can afford to pay. He felt the "not to exceed" should be changed from "3 not to exceed 5 years". He asked if their parents could work with the City to get the price down. He felt when the park is built that the conduit should go in then, not after the park is completed. James Markman, City Attorney, stated he did not think the City could go along with his second suggestion of allowing the parents to help the City do the work because of liability reasons. Steve Wilkerson, Pop Warner Football, stated their organization suppods the policy and thanked the City for their support of youth sports. Councilmember Biane stated he liked Mr. Morales' suggestion to do the conduit work before the park is completed. James Markman, City Attorney, stated as long as the volunteers are only volunteering it would be okay for the parents to help. MOTOIN: Moved by Curatalo, seconded by Biane to approve the policy including the suggestion made by Mr. Morales. Motion carried unanimously 5-0. No Items Submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified ~r the next meeting, City Council Minutes April 5, 2000 Page 12 K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to Executive Session to discuss: A) Labor Negotiations per Government Code Section 54957.6 to give George Rivera, Administrative Services Manager, Pamela Easter, Deputy City Manager, and Larry Temple, Administrative Services Director, direction in regards to the Meet and Confer Process; and B) Property Negotiations with real property negotiators pursuant to government code section 54956.8 for property located on the south side of Foothill Boulevard west of East Avenue (APN: 229-041-09); negotiating parties, William J. O'Neil, City Engineer, and Dan James, Senior Civil Engineer, regarding instructions to negotiators concerning price. Motion carried unanimously 5-0. The meeting adjourned at 9:36 p.m. No action was taken in executive session. Res ctfully su mitted, City Clerk Approved: May 3, 2000