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HomeMy WebLinkAbout1996/04/03 - Minutes April 3, 1996 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin.~ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, Apdl 3, 1996, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:12 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: Jerry B. Fulwood, Deputy City Manager; James Markman, City Attorney; Linda Daniels, RDA Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Larry Henderson, Principal Planner; Shintu Bose, Deputy City Engineer; Mike Olivier, Sr. Civil Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Suzanne Ota, Community Services Manager; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Fire Marshal Ralph Crane, Management Analyst II Michelle Bancroft, and Fire Inspector Susan De Antonio, Rancho Cucamonga Fire Protection District; Lt. Joe Henry, Rancho Cucamonga Police Department; and Jan Sutton, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation designating the Week of April 1 through April 7, 1996 as National Community Development Week. Mayor Alexander presented the proclamation to Brad Buller, City Planner. C. COMMUNICATIONS FROM THE PUBLIC Cl. Toni Rhodes, 10151 Arrow Route, stated she has been a resident for a year and a half and has a 26 year old daughter with cerebral palsy who attends Chaffey College. They were impressed with the sense of community here so relocated from Riverside. She stated they were concerned that there were not certain projects available for people with disabilities and approached the City. She was very happy with the response she received, and now there are a couple of things in place and more are being developed, and she wanted to thank the City for their diligence and sincerity in dealing with them and making things more accessible and creating programs. C2. Rick Floss, 8794 Avalon, stated he read in the newspaper that they were going to talk about CDBG projects tonight and asked if this was the appropriate time to address that. City Council Minutes April 3, 1996 Page 2 Mayor Alexander stated there would be an oppodunity to speak under the public hearing. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 3/13/96 and 3/20/96; and Payroll ending 3/7/96 for the total amount of $1,864,814.60. D2. Approval of plans and specifications and authorize the advertising of the "Notice Inviting Bids" for the construction of Etiwanda Cobble Stone Curb long the East side of Etiwanda Avenue, from 773' south of Victoda Street to be funded from Account No. 21-4647-8822. RESOLUTION NO. 96-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ETIWANDA COBBLE STONE CURB ALONG THE EAST SIDE OF ETIWANDA AVENUE, FROM 773' SOUTH OF VICTORIA STREET IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval of extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA D4. Approval of a Resolution to oppose the PUC's proposed seasonal rate increases. RESOLUTION NO. 96-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA OPPOSING THE PUC'S PROPOSED INCREASE TO THE SEASONAL RATE STRUCTURE D5. Approval of a Resolution to support SB 900. RESOLUTION NO. 96-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO IMPLEMENT AND FINANCE IMPROVEMENTS TO THE DELTA TO FACILITATE THE DELIVERY OF WATER TO JOBS- PRODUCING AREAS OF THE STATE THAT DESPERATELY NEED THIS VITAL RESOURCE D6. Approval to purchase one (1) Caterpillar 35, propane powered pneumatic tire fork life truck and accessories from Hawthorne Life Systems of Fontana, California, as the lowest responsible bidder in an amount not to exceed $27,212.66, to be funded from Account No. 01-4646-7045. City Council Minutes April 3, 1996 Page 3 D7. Approval to execute an Agreement (CO 96-014) not to exceed $39,831 with Michael Brandman Associates to prepare a Focused Environmental Impact Report for General Plan Amendment 95-03B and Induslzial Speci~c Plan Amendment 95-05 (Mission Land Company) which will be funded by Developer Deposit through Account No. 01-4333-6035. D8. Approval to execute an amendment to the Community Development Block Grant (CDBG) Subrecipient Agreement for Fair Housing Services with Inland Mediation Board in order to prepare the Federally required update to the City's Analysis of Impediments to Fair Housing (AIFH). The amendment to complete the AIFH, in the amount of $6,500.00, will be funded from the CDBG Fund, Account No. 28-4333-8185. D9. Approval to execute the revision to Cooperative Agreement No. 8-924 (CO 94-077) between the City of Rancho Cucamonga and the State of California for the design and construction of traffic signals and safety lighting on State Route 30 (19th Street) at Hermosa Avenue for an increase in matching funds due to revised construction, preliminary engineering, and construction engineering cost estimates. D10. Approval to accept Real Property Improvement Contract and Lien Agreement for CUP 94-07, located at the southeast corner of East and Highland Avenues, submitted by St. Clare of Assisi Episcopal Church. RESOLUTION NO. 96-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ST. CLARE OF ASSISI EPISCOPAL CHURCH AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE SAME Dll. Approval to accept the Base Line Road Temporary Widening and Rehabilitation, from Deer Creek Channel to Victoda Park Lane Project, Contract No. 95-052, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $244,012.37. RESOLUTION NO. 96-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BASE LINE TEMPORARY WIDENING AND REHABILITATION, FROM DEER CREEK CHANNEL TO VICTORIA PARK LANE PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Gutierrez, seconded by Williams to approve the recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. City Council Minutes April 3, 1996 Page 4 F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF THE DRAFT ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FY 1996-97 - The review of the federally required Annual Action Plan for Fiscal Year 1996-97, including the preliminary selections of projects for the Community Development Block Grant annual application, based on an estimate of $1,024,000 (current year's allocation). Staff report presented by Larry Henderson, Principal Planner. Councilmember Curatalo asked what was the total amount for the home improvement program. Larry Henderson, Principal Planner, stated $283,430.00, of which $10,000.00 is allocated to the Oldtimers Foundation to do minor repairs for the elderly. Councilmember Biane asked in regards to the City's interface with HUD agency and talking about the federal budget, was there any hope that they might receive a higher allotment. Larry Henderson, Principal Planner, stated he has not heard any optimistic comments about additional funding. He has heard that the allocations would remain at status quo or 10% less than last year. He did not anticipate receMng any additional funding other than a very small increment because some jurisdictions do not use their funds. Mayor Alexander asked if they have used their entire allocation for Fiscal Year 1995/96. Larry Henderson, Principal Planner, stated the only fund they have not used is a $6,000.00 allocation to the Boys and Girls Club. He stated they had some management difficulties and a reorganization last year and weren't able to utilize the funds. They have recommended no additional funds but to take last year's funds and allow them to use them. Mayor Alexander stated if they were to go with the recommended allocation, and then later find out that they did not receive as much funding as they were calculating, what would be the process then. Larry Henderson, Principal Planner, stated they would have to come back to the Council and go through the Block Grant process again, as well as amending the City budget. He stated there were a number of ways they could go to reallocate the funds based on how severe the cuts may be. Mayor Alexander opened the meeting for public hearing. Addressing the Council were: Brenda Weaver, YWCA Youth Director, thanked the Council for supporting the Y-Teen program, which has been successful the last two years with their support. She explained how this program helped young girls in the community and how she felt there was a need for the program in the City. Ruby Vasquez, participant in Y-Teen program at Rancho Cucamonga Middle School, stated she liked the program and explained how it encourages them. She stated it also provided an opportunity for them to earn money so they could participate in the special activities. Elaine Espinoza, participant in Y-Teen program at Rancho Cucamonga Middle School, stated she liked being in Y-Teens with her friends. She stated there were many leadership positions available so everyone had a chance to be a leader. She stated they have many guest speakers and learn a lot, and do a lot of fun activities. She stated they raise the funds for all of their activities. City Council Minutes April 3, 1996 Page 5 Tracy Aguilar, Coordinator of YVVCA Teen Parent Program, presented information on their program and how it helps teen mothers learn to be self sufficient and gives options for them to follow. She stated they have helped 50 girls from Rancho Cucamonga. She explained about their mentoring program, and how they are trying to help these girls improve themselves to make a better life for themselves and their children. Bill Hobbs, President of the West End YMCA, thanked the Council. He stated as they know the Inland Empire Boys and Girls Club has been going through quite a transition, but because of the efforts of the volunteers, none of the participants were impacted. He stated three months ago the YMCA got involved and is now in partnership with them, and it is now officially merged and called the West End Kids Club. He wanted to thank them for their support through this tough transition and to look forward to some creative and innovative programs from the West End Kids Club. Nacho Gracia, 10364 Humboldt and President of the Northtown Housing Development Corporation (NHDC), stated they were one of the groups that were not recommended to receive funding, but hoped that the City Council would direct staff to reconsider that recommendation. He stated this was a joint effort between the YMCA and the NHDC, and they understand the potential loss of funds from the government, so they have come up with a new proposal that would involve a three-way split of the funding. He stated the NHDC sponsored many events for the kids last year, but need the further financial help from the City in order to fund a full program. He stated the kids needed a place to go after school, but they needed the City's help in order to provide more. He felt this cooperative program would become a model for other cities, and it will allow the NHDC to eventually take it over on their own. Sandra Maldonaldo, House of Ruth, presented information on the services they provide for battered women and their children, and stated they responded to 1,200 requests last year. She wanted to thank them for consideration of their request and for all the support they have given in the past. Dianna Lee-Mitchell, Rancho Cucamonga Family YMCA and partner with the NHDC on their request, presented further information on the program they have developed for at-risk teens. She stated it is similar to the program at Ruth Musser Middle School, and felt it was important that they provide a program for pre-teens. Mayor Alexander stated he felt the same way, but it is hard to divide up the funds. Midam Gandel, Executive Director of Foothill Family Shelter, thanked the Council for their support last year and presented information on the shelter, and how they helped approximately five families from Rancho Cucamonga last year. She stated there was a need for transitional housing in this area, and that they have serviced three families from Rancho Cucamonga this year already. Betty Davidow, Inland Mediation Board, stated they have serviced 42 cases on discrimination in Rancho Cucamonga since July 1, 1995, She stated their highest caseload dealt with people with disabilities. She explained how they try to educate landlords and tenants and worked with both on eviction rights and responsibilities. She thanked the Council for fifteen years of support. Theresa Barraras, Homeless Outreach, stated their service has existed since 1988 and provides basic services to homeless families and individuals. She explained how their service works and how all the agencies work in conjunction to service the homeless and needy in the surrounding communities. Erin Layton, Homeless Outreach, explained how the Children's Enrichment Center works with the Ontario/IVIontclair School District to make sure the children can still get an education, and how the Center helps the children maintain their dignity. She stated they have serviced 45 children, 5 of whom were from Rancho Cucamonga. City Council Minutes April 3, 1996 Page 6 Joyce Ewen, Pomona Valley Inland Council of Churches, SOVA, thanked the Council for their support over the last few years. She stated last year they fed 1,700 Rancho Cucamonga residents and explained how the program worked. She presented information on the new programs they were going to be offering to help teach people who are living in poverty to support themselves. Rick Voss, Director of Family and Friends of Murder Victims, stated he has been a resident since 1984 and his son was murdered in 1991. He explained the trauma he experienced after his son was killed and the impact on his life and how difficult it was to find a support group. He found the closest was Parents of Murdered Children in Orange County. He went to them, but founded his own group two years ago to be able to provide other services and support that the national group could not give. He tries to educate the community at every opportunity about his group, and also tries to educate the children of the community about what can happen if they are involved in a bad environment to try to prevent other tragedies from happening. Deborah Clark, Library Manager, presented information on the new Rancho Cucamonga Adult Literacy Program and how its pdmary purpose is to teach literacy to Rancho Cucamonga residents. She stated in their first three months of operation they have set up 80 teams, and in the month of March alone they have a potential 31 more students. She stated this grant will help to enclose the literacy training area in the library and provide office space for the program. Toni Rhodes, founder of Taxpayers and Taxpaying Consumers United, stated they advocate for the rights of people with specifically for people with developmental disabilities, and also people with all disabilities. She stated their main thrust is to see that state and federal funds are spent on helping families to stay together. She stated state and federal funds are passed through regional centers across the state. She stated there are some very sedous problems and they are currently working with Assemblyman Aguiar's and Senator Bill Leonard's offices to pass reforms to the system. She wanted people to know her group was there to advocate for people with disabilities. There being no further response, the public hearing was closed. Councilmember Biane thanked everyone who spoke and their efforts for the community. He stated he would like staff to look at any possibility of doing something with the coordinated efforts for the proposal by the YMCA and NHDC prior to the May 15th meeting. Mayor Alexander stated they could look at that but he did not want to see a decrease to anyone else in the recommendation. Councilmember Gulierrez stated maybe they could look at a way to lower the administration costs. He asked if those costs were flexible at all. Brad Buller, City Planner, stated the amount shown is the actual cost for administering the program. He stated they not only included staff time, but those who are also performing the projects themselves. Mayor Alexander asked if the recommendations were reviewed by a Council Subcommittee prior to submittal to the full Council. Brad Buller, City Planner, stated they have done that in the past, but tonight they were following the policies set by previous Council actions, so they did not have a Subcommittee review the recommendations first. Mayor Alexander suggested that Councilmembers Biane and Gutierrez could work with staff to see if there was some way to help out the YMCA and NHDC. City Council Minutes April 3, 1996 - Page 7 MOTION: Moved by Blane, seconded by Williams to appoint Councilmembers Biane and Gutierrez to an ad hoc subcommittee to work with staff on the final recommendation. Brad Buller, City Planner, stated staff could meet with the representatives from the YMCA and NHDC to review their new proposal and then bring back that information to the subcommittee. They could also look at using any potential new funding for a program like that. Councilmember Williams stated perhaps another goal of the subcommittee would be to look at options on how to use any other additional funding, and conversely, how to reallocate the funding should it be cut. Mayor Alexander agreed with Councilmember Biane in that there might be some capital improvement projects that could be readjusted so that they could meet the human needs of that area. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF PUBLIC HEARING OF PROTESTS REGARDING EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE STREET WIDENING AND INTERSECTION IMPROVEMENTS OF THE SOUTHEAST CORNER 'OF VINEYARD AVENUE AND FOOTHILL BOULEVARD FOR THE PROPERTY LOCATED AT 8939 FOOTHILL BOULEVARD ('APN 208-192-07) Staff report presented by Mike Olivier, Sr. Civil Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Vernon Jolley, representing the Sandhu's, requested the Council put this item over to the next meeting because Mr. Sandhu was out of the country on business and did not even know that this item was on the agenda because the notice came after he had departed. Councilmember Biane stated they looked at this item a couple of months ago, but he was not clear on whether the action they took at that time was any different than what was before them tonight. James Markman, City Attorney, stated when they approved the planning action, the acquisition of this right-of- way was necessary for the developer to meet a condition of approval. They have entered into an agreement where they are paying for this condemnation. He stated the only thing before them tonight, not withstanding the request for a continuance, is set forth in section three of the resolution. Does the public interest and necessity require the proposed project, which they have already essentially found because they conditioned the project for this street widening. That the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, it is hard to argue that when you are widening a street, there isn't any other location that is appropriate. And the property defined is necessary for the project because the planning ac'tion already taken has made it a mandatory part of the project. He felt they should move forward with this. It was not about valuation, that is still under negotiation. He stated he could see nothing that would be achieved by a' continuance. Mayor Alexander clarified that the appropriate action if they do not continue the item is to approve the resolution. James Markman, City Attorney, stated yes. City Council Minutes April 3, 1996 Page 8 Vernon Jolley, Counsel to the Sandhu's, stated the issue that has been presented pdor and is lacking from the resolution is not the street widening, but that the condemnation process 'is to the benefit of another property owner to the detriment of Mr. Sandhu by eliminating one of his driveways. They felt this was not a public need, but will only benefit Mr. Flores and his property. He stated when this agreement was entered into, Mr. Sandhu felt he was always going to be able to use both driveways. They have always contended that if the City were to leave that driveway open, they had no problem with proceeding with the widening and the development. James Markman, City Attorney, stated this was the same argument that the Council heard before as a reason why not to approve these conditions. The Council has approved this project with these conditions. This is an implementation. If counsel wants to argue that the implementation has damaged Mr. Sandhu, he can argue that he is entitled to severance damages in addition to the take, all of which will be dealt with in the condemnation process. He stated what they have before them tonight is a resolution that talks about what part of the street you have to acquire for widening and what part is needed for a temporary construction easement. RESOLUTION NO. 96-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 96-042. Motion carried unanimously, 5-0. G2. CONSIDERATION OF PUBLIC HEARING OF PROTESTS REGARDING EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR THE IMPROVEMENTS OF EAST AVENUE AT THE PROPERTY LOCATED AT 5997 EAST AVENUE (APN 225-131-19) Staff report presented by Mike OIMer, Sr. Civil Engineer. Councilmember Williams asked if the funds would be held in an escrow fund. Mike Olivier, Sr. Civil Engineer, stated he did not know if this would be put in a separate account. James Markman, City Attorney, stated he did not know how this hearing was noticed tonight and whether they established if there is an address they could even mail a notice to for the missing party. Mike OIMer, Sr. CMI Engineer, stated the title company has been working on this for over six months, and they can't find any heirs at all. James Markman, City Attorney, suggested the Council continue this item to the next meeting so that Mike Olivier and his office could get together and review this.. He stated if someone dies intestate, the State of California is entitled to the property. He stated he is not su[e if there was anyone to send a notice to of the hearing, so he is not sure if they can proceed correctly. Mayor Alexander asked if there was anyone to speak on this issue. There was no response. City Council Minutes April 3, 1996 Page 9 RESOLUTION NO. 96-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION:' Moved by Biane, seconded by Williams to continue this to the April 17, 1996 meeting. Motion carried unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS I1. CONSIDERATION OF A RESOLUTION SUPPORTING FEDERAL LEGISLATION REGARDING RESIDENTIAL CARE FACILITIES (HR 2927) ' Councilmember Gutierrez stated he was still'waiting to receive information on this legislation and requested that this item be continued. ' ACTION: Item to come back at the April 17, 1996 meeting. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. DISCUSSION OF A TOUR OF ROUTE 66 TO BE HELD JOINTLY WITH THE RANCHO CUCAMONGA AND LOS ANGELES VISITORS' BUREAUS TO BE HELD IN JUNE AS REQUESTED BY DERBY WHEELER OF THE RANCHO CUCAMONGA VISITORS BUREAU Bob Tollmer, member of the Board of Directors of the Route 66 Museum, stated he was filling in for Derby Wheeler who was called out of town. He believed they spoke last time about the upcoming tour being put on by the Los Angeles Visitors Bureau which would come through Rancho Cucamonga to the museum, stop at the stadium to see the statue, and then proceed to the new speedway location. He stated there have been articles recently in The In/and Empire Business Journal and the Ontario Convention and t~sitors Bureau Guide. They felt the museum was becoming a viable attraction in the community, and stated that any help the Council can provide will be appreciated. Mayor Alexander stated the City has prepared a package for the tour group and that they were excited about the success of the museum. City Council Minutes April 31 1996 Page 10 Bob Tollmer asked if these would be available for thetour group. Brad Buller, City Planner, stated that in the package there were mementos of Rancho Cucamonga, that it would be their choice of how to distribute it amongst those in attendance that day on behalf of the City COuncil and the City of Rancho Cucamonga. Bob Tollmer stated he also understood there was some discussion about a billboard or a banner welcoming the tour to Rancho Cucamonga. Mayor Alexander stated he did not recall Derby speaking about a banner. Bob Tollmer stated he and Derby have spoken about that and various items. Rick Gomez, Community Development Director, stated if the group would like to have a banner, the City can work with them on expediting the permit process, and how they can go about doing that. It would be something that they can work with Community Services on. Bob Tollmer stated another thing might be to have some of the Councilmembers at the museum when the tour arrives to help welcome them to the City on June 9th. Mayor Alexander felt that the Council could do that for them. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Gutierrez to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 8:41 p.m. Respectfully submitted, Deputy City Clerk Approved: April 17, 1996