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HomeMy WebLinkAbout1995/09/20 - Minutes September 20, 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, September 20, 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 7:25 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 D. Daniels, Redevelopment Manager; Brad Buller, City Planner; Larry Henderson, Principal Planner; Scott Murphy, Associate Planner; Joe O'Neil, City Engineer; Cindy Hackett, Associate Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Patti Grady, Administrative Secretary; Suzanne Ota, Community Services Manager; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B 1. Presentation of Proclamation declaring the week of September 18 - 23, 1995 as Pollution Prevention Week. Mayor Alexander presented the Proclamation to Bob Zetterberg, Integrated Waste Coordinator. Bob Zetterberg advised of the events going on for the upcoming weekend relative to Pollution Prevention Week. B2. Presentation by Paul Woodruff and Ted Dutton regarding Clean Water and a request to adopt a resolution supporting the same. Ted Dutton & Paul Woodruff with Cadiz Land Company talked about their company as was presented in the information that went along with the staff report. He also talked about the water their company produces. Paul Woodruff, Chairman of Clean Desert Water Coalition, talked about a proposed project to put a trash dump over the fresh water aquifer. He felt water was precious and that this should not happen. City Council Minutes September 20, 1995 Page 2 Councilmember Gutierrez asked how far along is the County in their part of this project. Mr. Woodruff stated they are very far along and that he was surprised at this. He hoped the Council would adopt the Resolution in their packets to show the Board of Supervisors the strength in their position. Mayor Alexander asked if there were any cities that did not support the Resolution. Mr. Woodruff stated no. Councilmember Curatalo asked if there were proponents to the landfill. Mr. Woodruff stated a landfill company will benefit from this. Councilmember Williams asked if there are other areas where the landfill could go. Mr. Woodruff stated there are a number of cites where this could go instead of the current location. Councilmember Curatalo stated he is not against a landfill in this area, just one that would be over the aquifer. Mayor Alexander stated he felt recycling was important and that it should not be made so easy to keep dumping. MOTION: Moved by Williams, seconded by Biane to approve the Resolution in their packets given the number of Resolution No. 95-126. Motion carried unanimously, 5-0. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CALENDAR D1. Approval of Minutes: August 2, 1995 August 16, 1995 D2. Approval of Warrants, Register Nos. 08/23/95 and 8/30/95; and Payroll ending 9/7/95 for the total amount of $1,896,034.28. D3. Approval to receive and file current Investment Schedule as of August 31, 1995. D4. Alcoholic Beverage Application for 20 Off-Sale Beer and Wine for Unnamed Business, Garish Naranbhai and Nital Garish Patel, 8809 N. Grove Avenue. D5. Approval to accept Literacy Grant in the sum of $84,370 for Fiscal Year 1995/96. D6. Approval to expend Asset Seizure Funds in an amount not to exceed $62,000. City Council Minutes September 20, 1995 Page 3 D7. Approval to award and authorization for execution of contract (CO 95-052) for Base Line Road Widening and Rehabilitation, from Day Creek Channel to Victoria Park Lane, to Vance Corporation, funded from Transportation Systems Development Fund, Account No. 22-4637-9306 and S.B. 140 Fund, Account No. 35-4637-9306. D8. Approval to execute contract (CO 95-053) between Hillside Community Church and the City of Rancho Cucamonga Community Services Department for use of classrooms for Playschool. D9. Approval to execute contract (CO 95-054) for the Founder's Day Parade by World Wide Spectaculars, Inc., dba Pageantry Productions in the amount of $7,139.05 from Account #01-4532-3900. D10. Approval to execute a Professional Services Agreement (CO 95-055) with Envicom Corporation for the preparation of an Environmental Impact Report not to exceed $76,000 (to be funded from Developer Deposit) for General Plan Amendment 95-03A and Industrial Specific Plan Amendment 95-04. D11. Approval to execute Usage Agreement (CO 95-056) between Chaffey Community College and the City of Rancho Cucamonga for the use of Recreational Fields at the College. D12. Approval to award and authorization to execute a Professional Services Agreement (CO 95-057) with Peter Pitassi, AIA, Architect, for architectural design services for the renovation of Lions Community Center (Lions West) and the old Library Building (Lions East) for a fee of $118,200.00 to be funded from Community Services Fund, Account Number 13-4563-9501, Park Development Fund, Account Number 20-4532-9501 and General Fund Account Number 01-4650-9501. MOTION: Moved by Biane, seconded by Williams to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF A MODIFICATION TO CONDITIONAL USE PERMIT 93-46 - FLORES - An appeal of the Planning Commission's denial of a request to modify the approved site plan and certain conditions of approval for a previously approved gas station and mini-market in the Community Commercial designation of the Foothill Boulevard Specific Plan (Subarea 2), located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-192-06 and 07. Staff report presented by Scott Murphy, Associate Planner. Councilmember Gutierrez inquired why the new owner is so opposed to this. Scott Murphy, Associate Planner, stated the objections he stated at the Planning Commission meeting are that by placing the driveway on the eastern portion of the site, he is concerned about his patrons backing up into areas where there might be through traffic from the gas station area. He stated his preference would be to keep the driveways as they now exist, but that the owner believes by keeping a driveway on the west side of the project would provide a greater degree of safety for his patrons backing in and out and allow through City Council Minutes September 20, 1995 Page 4 access to the gas station site. Mr. Murphy stated that staff's concern with a driveway in this location is the distance from the intersection and added that staff felt that the driveway that is shown on the plan is a minimum distance they feel comfortable with. He added that anything closer to the intersection does pose some concerns. Brad Buller, City Planner, added that when the Planning Commissioners looked at the alternative of moving the driveway to the west side of the Liquor Store property, it would then create a problem with the access to In-N-Out Burger which would be that same driveway and would then adjust the required parking areas, ending up with a deficiency in parking. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Duff Murphy, representing Art and Diane Flores, and added he has also asked Wesley Akamoto, site architect, to join him. He thanked staff for helping them get this worked out. He stated Mr. Flores is not requesting a relocation of the driveway as is indicated on the map. He stated they are requesting that the CUP be amended to delete the on-site landscapes on the Red Hill Liquor site and to allow Mr. Flores to enter into a Development Agreement with the City for his site (the corner parcel), as well as the widening of Foothill Boulevard. He stated they are not asking the Council to take condemnation action, but wanted the City to enter into a Development Agreement where Mr. Flores would acquire the site necessary to widen Foothill. If Mr. Flores could not acquire the property, he wanted the City to undertake the acquisition of the property, and if absolutely necessary, use its eminent domain power. He stated the Development Agreement they would propose would have the Flores' reimburse the City for all costs, including legal expenses, for the acquisition of the land and widening Foothill adjacent to Red Hill Liquor. Councilmember Biane asked why there was the elimination of the landscape requirement. James Markman, City Attorney, stated this is a legal reason. He stated you can't force this on anyone because it is not a public purpose. He stated there are two conditions here because of the position of the owners of the liquor store that essentially the applicant is powerless to achieve. He stated one is acquisition of right-of-way for the widening of the intersection, which the City can achieve at the expense of the applicant. He stated the second thing that even the City can't help achieve is to cause the liquor store owner, now that the properties are separated, to do on-site improvements or allow on-site improvements on his property to occur even at somebody else's expense. He stated the suggested condition is to have some money deposited and see if the liquor store wouldn't say well the rest of it happened anyway why not have my property improved at somebody else's expense. He stated you could not guarantee this though, and it could not be forced. Councilmember Biane asked if the landscape area was in the right-of-way. James Markman, City Attorney, stated when the staff approved this in the first place, what was contemplated was a complete rehabilitation of the area with the parking lot restriped and the whole area landscaped and beautified. He added at that time it was under single ownership and felt it could be achieved. Now that it has been sold, the present applicant sold part of it without reserving the right to cause the buyer to go along with the program. He stated you can't force the opponent (buyer) to accept improvements at somebody else's expense or to improve it himself. He stated this is why we are here. Councilmember Curatalo asked where this stood at the present time. City Council Minutes September 20, 1995 Page 5 James Markman, City Attorney, stated we have an applicant that can't meet the present conditions of approval by virtue of their own discretion because they have sold property to somebody and now can't cause that property owner on their part to comply with street dedications or on-site improvements and they are asking the City to essentially ultimately excuse the on-site improvements on the liquor store site if they refuse to accept them, but to go forward with the street widening and the off-site improvements that were originally conditioned in another way which could ultimately come to the City condemning at the expense of the applicant. He stated he was comfortable the City could do this. He stated the opponent could be paid for the easements and any severance damage they can claim and prove. He stated otherwise when this was in single ownership had all of that been reserved, they would have had to go with that program without being paid. He stated the staff originally approved this modification because it is the staff's desire to have that lot built out instead of remaining as is and Foothill widened there for safety's sake and at least part of it beautified up to Foothill Specific Plan standards. He stated if this program doesn't work, his office will work with staff to try to find something that might meet everybody's needs and get a program that will work. He stated the alternative is to have it sit the way it is. Mr. Murphy stated he felt Mr. Markman has explained this very well, and added he would like to assure the Council that the only practical change is the elimination of the on-site landscaping. He stated the driveway access would remain the same, all three sites being able to have access to their parcels through this driveway. He mentioned as far as widening Foothill Blvd., they would like to set it up so it would be at no cost to the City. He added Mr. and Mrs. Flores realized this would be some financial burden to them, but that they have spent a great deal of time and energy in trying to bring this project to fruition that it is of economic necessity and realizing that the Planning Commission and City staffwould like this site configuration with this driveway. He stated they are willing to structure a Development Agreement whereby the Flores' would undertake to acquire this property for the widening of Foothill. He stated if this is something that could not be attained, they would ask the City to attempt to acquire it through negotiation taking the safeguards that any City cost would be reimbursed. James Markman, City Attorney, added the easy way is if there was another driveway location, but that Traffic Engineering is not going to recommend that driveway closer to the intersection of Foothill because of the right- turn factor. Vernon Jolly, Counsel for Mr. Sandu, stated they have no objection in going into an agreement to widen Foothill or any improvements that somebody wants to do to their property, but stated they do object to taking away one of the driveways at this location that has been there for 30 years. He felt by taking away the driveway it would take aWay from Mr. Sandu's business. Joe O'Neil, City Engineer, stated they want to get the driveway as far away from Foothill and Vineyard as possible because of the safety factor. Mr. Jolly and Mr. Murphy pointed out there is only about 15 to 20 feet between the two driveways. Mr. Jolly felt if the planter box was removed you would have one big driveway which he agreed with. Councilmember Gutierrez asked him if he was saying he would agree to allow the on-site improvements be done. Mr. Jolly stated yes and also the widening of Foothill. James Markman, City Attorney, stated the widening as being recommended by Engineering includes the one driveway as far to the east as feasible to get it away from that corner and what the present condition shows is that one of those two driveways is way to the west of where it would end up being. City Council Minutes September 20, 1995 Page 6 Councilmember Williams inquired about the length of the two driveways combined as it now stands. Mr. Murphy stated it is now approximately 80' and it is being proposed to go to 50'. Councilmember Williams stated she felt this would be very narrow. Mayor Alexander felt possibly this should be looked at again and come back to the Council for a final decision because he did not feel comfortable with this. Councilmember Curatalo stated he is leaning towards staff's recommendation as long as it is not going to cost the City any money. James Markman, City Attorney, stated the hang up with this is when it was in single ownership, this configuration was approved and then the liquor store was sold and the new owner doesn't like where the driveway ends up. He stated the new owners are not going to voluntarily enter into whatever dedication or other easement agreements are required to make this configuration happen. He stated the only way to make it happen is to widen Foothill with condemnation proceedings which will cause that driveway entrance to move. He stated the City would take access off Foothill except for where the driveway was. RESOLUTION NO. 95-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT 93-46, A REQUEST TO MODIFY THE APPROVED SITE PLAN AND CERTAIN CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED GAS STATION AND MINI-MARKET IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD (SUBAREA 2), LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 208-192-06 AND 07 MOTION: Moved by Curatalo, seconded by Gutierrez to reverse the Planning Commission's decision through a Resolution to be brought back in two weeks, and to also grant the application for the modification as originally recommended by staff. Motion carried unanimously, 5-0. A recess was taken at 8:36 p.m. The meeting was called back to order at 8:52 p.m. with all Councilmembers present. F2. CONSIDERATION OF POINT OF HISTORIC INTEREST'95-01 - CITY OF RANCHO CUCAMONGA - A request to designate the Etivista Winery as a Point of Historic Interest, located at 12700 - 12752 Foothill Boulevard - APN: 227-221-03 and 22 through 24. Staff report presented by Larry Henderson, Principal Planner. Councilmember Williams asked exactly what this means. Larry Henderson, Principal Planner, stated it would be put on a list as an Historic Point of Interest and that it would also have photographic history. City Council Minutes September 20, 1995 Page 7 Councilmember Williams asked if it was torn down, would a plaque be appropriate. Larry Henderson, Principal Planner, stated yes. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Biane stated he read an article in Wall Street Journal which indicated if there was an oral history and a visual history, that was sufficient. He asked that it be added to the Resolution that this be limited to a plaque as part of the development there. He did not want the Historic Preservation Commission to go beyond this. Councilmember Williams stated she agreed and felt a plaque would be sufficient. Brad Buller, City Planner, stated that wording can be added to the Resolution to include this. RESOLUTION NO. 95-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POINT OF HISTORIC INTEREST 95- 01 TO DESIGNATE THE ETIVISTA WINERY, LOCATED AT 12742, 12762, 12768 AND 12774 FOOTHILL BOULEVARD, AS A POINT OF HISTORIC INTEREST - APN: 227-221-03 AND 22 THROUGH 24 MOTION: Moved by Biane, seconded by Williams to approve Resolution No. 95-125 as amended. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS H1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE Joe O'Neil, City Engineer, gave an update on the Route 30 Task Force which is on file in the City Clerk's office. ACTION: Report received and filed. I. COUNCIL BUSINESS I1. UPDATE BY MARKS CABLEVISION ON THE STATUS OF CABLE TV IN THE CITY OF RANCHO CUCAMONGA City Council Minutes September 20, 1995 Page 8 Sean Hogue, Marks Cablevision, talked about their cable outage of about one week ago. He told about the steps they have taken regarding customer service so that residents can call in. He added in order to try to make up for the outage, they are offering additional service through HBO. He stated they have offered a $5.00 refund if the Mike Tyson fight went less than two rounds, which it had done. He also complimented the Police Department for how they handled the break-ins of their office. He distributed Cable Complaint Summary to the Council. ACTION: Report received and filed. 12. CONSIDERATION TO IMPLEMENT PHASE TWO OF THE GOVERNMENT ACCESS PROGRAM Staff report presented by Susan Mickey, Management Analyst I. MOTION: Moved by Curatalo, seconded by Biane to approve staffs recommendation. Motion carried unanimously, 5-0. 13. DISCUSSION OF AFFINITY CREDIT CARD FOR THE CITY LIBRARY Staff report presented by Robert Dominguez, Administrative Services Director. Councilmember Williams stated she would very much like to see the staff pursue this and felt it might generate some money for the City. Councilmember Biane stated he agreed and felt PEG Access could market this. Councilmember Gutierrez asked how much the City would receive per dollar. Robert Dominguez, Administrative Services Director, stated it would have to be negotiated with the bank. MOTION: Moved by Gutierrez, seconded by Biane to authorize staff to proceed with this concept. Ede Swistock, Library Boardmember, stated he also agreed with this. Robert Howdyshell, Library Board President, stated he also concurred with this and felt the money should be designated for the library. Motion carried unanimously, 5-0 Jerry Fulwood, Deputy City Manager, stated that an item needs to be added entitled: "Approval of Application for Land and Water Conservation Fund for Don Tapia Park and for Habitat Conservation Fund for Northeast Park Naturalized Interpretative Multi-Purpose Trails." MOTION: Moved by Curatalo, seconded by Biane to add the above titled item to the agenda. Motion carried unanimously, 5-0. City Council Minutes September 20, 1995 Page 9 14. CONSIDERATION TO APPROVE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR DON TAPIA PARK AND FOR HABITAT CONSERVATION FUND FOR NORTHEAST PARK NATURALIZED INTERPRETATIVE MULTI-PURPOSE TRAINS Staff report presented by Cindy Hackett, Associate Engineer. RESOLUTION NO. 95-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR DON TAPIA PARK PROJECT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME RESOLUTION NO. 95-128 APPROVING THE APPLICATION GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM FISCAL YEAR 1995-96 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE NORTHEAST PARK NATURALIZED INTERPRETATION MULTIPURPOSE TRAILS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME MOTION: Moved by Williams, seconded by Biane to approve Resolution Nos. 95-127 and 95-128. Motion carried unanimously, 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L, ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 9:35 p.m. R/~pectfully submitted, City Clerk Approved: November 1, 1995