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HomeMy WebLinkAbout1995/10/18 - Minutes October 18, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A, CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 18, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:10 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Rex Gutierrez, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda Daniels, RDA Manager; Brad Buller, City Planner; Nancy Fong, Senior Planner; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Robed Dominguez, Administrative Services Director; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. Absent were Councilmembers: James Curatalo and Diane Williams. B. ANNOUNCEMENTS/PRESENTATIONS BI. Presentation of Proclamation to Margaret Hayes for her lifesaving efforts at the Neighborhood Center. Mayor Alexander presented the Proclamation to Margaret Hayes. B2. Presentation of Proclamation to the Etiwanda High School Marching Eagle Regiment designating them as our Good Will Ambassadors and congratulating them on being selected to march in the 1996 Tournament of Roses Parade. Mayor Alexander presented the Proclamation to the Etiwanda High School Marching Eagle Regiment. Mr. Don Jaramillo, Band Director, thanked the Mayor and Council for their support and talked about the band and all of their hard work. He introduced Mr. Kolmel, Principal of Etiwanda High School. Mr. Kolmel stated he is glad to be a part of the program and appreciated the students' hard work. Councilmember Gutierrez also commended the band for all of their hard work and accomplishments and thanked Margaret Hayes for her lifesaving efforts. City Council Minutes October 18, 1995 Page 2 Don Kurth, Chamber of Commerce, also presented a Proclamation to the EHS-MER congratulating them on their accomplishments. B3. Mayor Alexander presented Susan Mickey a Proclamation for her dedicated service to the City of Rancho Cucamonga and thanked her for all of her hard work. Susan Mickey stated it was a pleasure and an honor to have worked for the City and to have worked with such a wonderful staff. Councilmembers Gutierrez and Biane also thanked Susan Mickey for her service to the City and the community. C. COMMUNICATIONS FROM THE PUBLIC C1. Don Kurth, Chamber of Commerce, read a Resolution which is on file in the City Clerk's office regarding Proposition 62 and the Utility Tax asking the Council to suspend the collection of the Utility Tax until such time as it can be brought to a vote before the people of the City. D. CONSENT CALENDAR Jack Lam, City Manager, stated that item D15 should be removed from the Consent Calendar and that it would be returning at a future meeting. DI. Approval of Minutes: September 6, 1995 (Adjourned/Special Meeting) D2. Approval of Warrants, Register Nos. 9/27/95 and 10/4/95; and Payroll ending 9/21/95 for the total amount of $2,041,993.97. D3. Approval to receive and file current Investment Schedule as of September 30, 1995. D4. Alcoholic Beverage Application for Off-Sale General for Liquor Land 2, Fernand Bhnam Blat and Abraham Meida, 9255 Base Line Road, Unit E. D5. Alcoholic Beverage Application for On-Sale Beer and Wine for Unnamed Business, Hiroshi and Kaye Domae, 6797 Carnelian Street. D6. Alcoholic Beverage Application for On-Sale General Eating Place for Empire Lakes Golf Course, General Dynamics Corporation, 11015 6th Street. D7. Alcoholic Beverage Application for On Sale General Public Eating Place for Applebee's Neighborhood Grill & Bar, Gourmet Systems of California, Incorporated, 10709 Foothill Boulevard. D8. Approval to reject the bid for the Hermosa Avenue Pavement Rehabilitation, located from Fourth Street to Sixth Street, North of Sharon Circle to Eighth Street, and south of Devon Street to Foothill Boulevard. City Council Minutes October 18, 1995 Page 3 D9. Approval of applications for Grant Funds from the Environmental Enhancement and Mitigation Program for the Metrolink Railway Station Beautification Project, and the Metrolink Corridor Beautification Project. RESOLUTION NO. 95-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK CORRIDOR BEAUTIFICATION PROJECT RESOLUTION NO. 95-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK STATION BEAUTIFICATION PROJECT D10. Approval of an Application for funds from the Intermodal Surface Transportation Efficiency Act (ISTEA) Program for the Metrolink Railway Station Beautification Project. RESOLUTION NO. 95-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FUNDS FOR THE METROLINK RAILWAY STATION BEAUTIFICATION PROJECT D11. Approval of appropriations for various Capital Improvement Project Funds for Fiscal Year 1995/96. D12. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 95-10, located on the North side 9th Street, east of Helms Avenue, submitted by Peter S. Wald. RESOLUTION NO. 95-145 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 MDR 95-10 D13. Approval to purchase one (1) 3-axle combination 6x4, 56,000 GVWR, Water Tank/Dump Truck from Dieterich International Truck Sales, Incorporated, of Colton, California, in the amount of $123,078.26 to be funded 69.23% from Fund 72-4225-7045 and 30.77% from Fund 09-4637-7045. City Council Minutes October 18, 1995 Page 4 D14. ApproVal to execute an Improvement Agreement Supplement and Improvement to a previously approved Improvement Agreement for Tract No. 14208, located on the North side of Base Line Road West of Alta Cuesta Drive, submitted by the Developer, Mr. Ralph G. Rittenhouse. RESOLUTION NO. 95-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT SUPPLEMENT FOR THE PREVIOUSLY APPROVED IMPROVEMENT AGREEMENT OF TRACT NO. 14208 ..... , .. r',~^. ,'..^~,. ,-. .... , ITEM REMOVED FROM AGENDA D16. Approval to release Maintenance Guarantee Bond for Tract 13738 located on the Southwest corner of Almond and Sapphire Streets. Release: Maintenance Guarantee Bond (Street) $ 47,400.00 Maintenance Guarantee Bond (Storm Drain) 58,800.00 MOTION: Moved by Biane, seconded by Gutierrez to approve the recommendations in the staff reports contained in the Consent Calendar with the exception of Item D15. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 95-01 - LEWIS DEVELOPMENT CO. - A request to change the land use district from "MOC" (Mixed Use Office/Commercial/Residential) to "CC" (Community Commercial) for 47.3 acres bounded by Foothill Boulevard on the south, Rochester Avenue on the east, the future Poplar Drive and future Church Street on the north, and the future Orchard Avenue on the west and to "MH" (Medium High, 14-24 dwelling units per acre) for 19.2 acres of land bounded by the future Poplar Drive and future Church Street on the north, the future Orchard Avenue on the west, and the proposed Community Commercial designation on the south. The changes include amending portions of the text and various tables and graphic exhibits of the community plan to implement design features of the proposed land use designations -APN: 0227-151-18 and 24. Staff recommends issuance of a Negative Declaration. Related Files: General Plan Amendment 95-01B, Conditional Use Permit 95-11, and Parcel Map 14022. City Council Minutes October 18, 1995 Page 5 Debra J. Adams, City Clerk, read the title of Ordinance No. 550. ORDINANCE NO. 550 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT 95-01 TO CHANGE THE LAND USE MAP FROM "MIXED USE, OFFICE, COMMERCIAL, RESIDENTIAL" TO COMMUNITY COMMERCIAL FOR APPROXIMATELY 47.3 ACRES OF LAND AND TO MEDIUM HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 19.2 ACRES OF LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, ROCHESTER AVENUE ON THE EAST, THE FUTURE POPLAR DRIVE AND FUTURE CHURCH STREET ON THE NORTH, AND THE FUTURE ORCHARD AVENUE ON THE WEST, AND TO MAKE CHANGES TO PORTIONS OF THE TEXT AND GRAPHIC EXHIBITS OF THE COMMUNITY PLAN TO IMPLEMENT DESIGN FEATURES OF THE LAND USE DESIGNATIONS -APN: 0227-151-18 AND 24. MOTION: Moved by Gutierrez, seconded by Biane to waive full reading and approve Ordinance No. 550. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). F. ADVERTISED PUBLIC HEARINGS No items were submitted. G. PUBLIC HEARINGS Gl. CONSIDERATION OF THE PROPOSED OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH THE SALE OF GIFT BASKETS FOR A CRAFT AND GIFT RETAIL STORE, THE WILD GRAPE, LOCATED AT 8057 AND 8916 FOOTHILL BLVD Staff report presented by Nancy Fong, Sr. Planner. Councilmember Gutierrez asked if they would be selling the wine by itself over the counter. Nancy Fong, Sr. Planner, stated she felt it would be sold only with the gift baskets. Brad Buller, City Planner, stated if they decide to do anything more than what this Resolution indicates, they would have to get a CUP. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Gino Fillipi stated he was present to support what the Wild Grape wanted to do. Sadone Pedra stated he did not agree with the Wild Grape selling the wine in the gift baskets. He stated there are already too many liquor stores in this area. He stated he did not agree with this proposal. Owen Bedleto stated he is one of the partners of the Wild Grape and that they want to sell the wine in the gift baskets to help supplement them. He felt this would be a benefit to the community. City Council Minutes October 18, 1995 Page 6 There being no further response, the public hearing was closed. Councilmember Biane stated he supports the recommendation of staff and that a letter should be sent to the Alcoholic Beverage Control. Councilmember Gutierrez further'inquired about the CUP to sell wine only over the counter. Brad Buller, City Planner, reiterated if they do expand their use they would have to get a CUP. Mayor Alexander stated he felt this would enhance the center it is located in. RESOLUTION NO. 95-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH THE SALE OF GIFT BASKETS FOR A CRAFT AND GIFT RETAIL STORE, THE WILD GRAPE, LOCATED AT 8057 AND 8916 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 95-148. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS I1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE (Oral Report) Update presented by Mayor Alexander (see memo on file in the City Clerk's office.) Jane Bradshaw, C-CAR member and the Route 30 Task Force, stated she felt the route was one- sided and that there were other concerns brought up at the meeting that were not mentioned in the report. She stated with all of the interchanges that will be going in, especially the one at Milliken, Highland will be severed and will no longer go through. She stated that traffic is supposed to be rerouted past two schools and a park. She felt this was something that needed further consideration. She stated the report also mentioned that there would be no increase in crime. She stated there are no statistics about this. She stated that at a previous meeting Mayor Stout had stated that there were reports indicating there is a crime increase around off- and on-ramps of freeways. She stated she felt this was wrong to word in the report tonight that there was no increase in crime around off- and on-ramps. She pointed out that the freeway is going through neighborhoods and not commercial areas. She stated she is still confused about the prices for the interchanges and how it would cost more to keep them off. She stated she was curious about how much money would be saved if interchanges are eliminated. She pointed out that the spacing in Upland and Fontana are not a mile apart like they will be in Rancho Cucamonga. City Council Minutes October 18, 1995 Page 7 Councilmember Gutierrez asked about how the decision will be made as to the off- and on-ramps. Mayor Alexander stated it would be approved by the Council as to what will occur. He pointed out the Task Force was formed to solicit more public participation throughout the community. He encouraged people in the City to come to the meetings. Councilmember Gutierrez asked when this would be ready for the City Council to consider. Brad Bullet, City Planner, stated they are still working with the Task Force, citizens, etc., but that the goal is to eventually bring to the Council a freeway agreement which authorizes the state to go forward with purchase of right-of, way and begin the construction documentation. He stated Caltrans would like the City to continue to move forward as quickly as possible. Mayor Alexander stated the profile is 1000% better than it was originally. 12. UPDATE BY MARKS CABLEVISION ON STATUS OF CABLE TV IN THE CITY Update presented by Sean Hogue, General Manager of Marks Cablevision, who stated they are in the process of adding more staff to help with the problems they have been having with the outages. He stated they felt by increasing their maintenance techniques it would help with the outage problems. He stated they have teamed up with Turner Educational Services and would work with Deer Canyon Elementary School for an educational program to be televised. He also distributed a complaint summary to the Council and explained it. Councilmember Biane asked if there is a way they can predict when equipment might break down because of age or something along that line. Sean Hogue, Marks Cablevision, stated they would be testing the equipment with the new personnel they are hiring. Councilmember Gutierrez stated he is hearing that people feel the service on the phone is good, but that the field work is backed up. He also asked if Marks Cablevision can get their updates at a different forum, a one- on-one situation, or come back to the entire Council on a quarterly basis. Mayor Alexander stated he did not have a problem with this as long as there is no a major outage. Councilmember Biane stated he did not mind either as long as there were not problems that might need explaining. Councilmember Gutierrez stated he concurred and felt quarterly reports would be acceptable. ACTION: Received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Councilmember Gutierrez stated he would like an update on the Empire Lakes Golf Course and stated he has heard comments about what they will be charging and stated he is concerned about this. He did not City Council Minutes October 18, 1995 Page 8 feel the residents should be priced out of this facility. He also reserved the right to possibly withdraw this from the next agenda depending on the next couple of weeks. K. COMMUNICATIONS FROM THE PUBLIC K1. Ede Swistock, Schlosser Forge and Chamber of Commerce, stated he felt the Supreme Court decision has certainly opened the door about reconsidering the utility tax. He stated he agreed with the Chamber's Resolution opposing the utility tax. He stated he felt this matter should be discussed at the next meeting. Mayor Alexander commented that the City is also in the process of reducing the utility tax through a formula that was adopted. Councilmember Gutierrez stated he wondered if Mr. Schlosser is trying to get his federal taxes reduced like he is with the local taxes. Councilmember Biane reiterated there is a formula in place to reduce the utility tax. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to Executive Session to discuss Labor Negotiations per Government Code Section 54957.6 to give Robert Dominguez, Administrative Services Director, direction in regards to the Meet and Confer process. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). The meeting adjourned at 8:14 p.m. No action was taken in Executive Session. Respectfully submitted, Debra J. Adar~s, CMC City Clerk Approved: December 6, 1995