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HomeMy WebLinkAbout1994/10/05 - Minutes October 5, 1994 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetina A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 5, 1994, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:07 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet Il, Diane Williams, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; Ralph Hanson, Deputy City Attorney; Jerry Fulwood, Deputy City Manager; Linda D. Daniels, RDA Manager; Rick Gomez, Community Development Director; Scott Murphy, Associate Planner; Brad Buller, City Planner; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Bob Dominguez, Administrative Services Director; Suzanne Ora, Community Services Manager; Deborah K. Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Lt. Joe Henry, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was Councilmember: Rex Gutierrez. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation for Donald Bishop for his courage and level thinking during a very tense hostage situation. Mayor Stout presented the proclamation to Don Bishop. B2. Presentation of a Proclamation to the Rancho Cucamonga Lions Club and VoWs Grocery for their support of the DA.RE. program. Mayor Stout presented the proclamations to representatives from the Rancho Cucamonga Lions Club and VoWs Grocery Store. C. COMMUNICATIONS FROM THE PUBLIC NO communications were made from the public. City Council Minutes October 5, 1994 Page 2 D. CONSENT CALENDAR DI. Approval of Minutes: August 17, 1994 (Stout absent) August 22, 1994 September 7, 1994 D2. Approval of Warrants, Register Nos. 9/14/94 and 9/21/94; and Payroll ending 9/8/94 for the total amount of $1,342,058.08. D3. Alcoholic Beverage Application for "47" On-Sale General Eating Place for restaurant, Brinker Restaurant Corporation, 10598 Foothill Boulevard. ( ~. ) D4. Approval of Appointments of Citizen-at-Large Members to the Sports Advisory Committee for 1994/95. (0701-01 APOINT CC) (2) D5. Approval of Appointments to the Senior Advisory Committee. (0701-01 APOINT CC) (3) D6. Approval of a Resolution approving the construction of a heliport and the basing of helicopter at Fire Station No. 174, located at the southwest corner of Milliken Avenue and Jersey Boulevard. (1302-00 FIRE DIST) RESOLUTION NO. 94-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CONSTRUCTION OF A HELIPORT AND THE BASING OF A HELICOPTER AT AN EXISTING FIRE STATION (STATION #174), LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND JERSEY BOULEVARD (4) D7. Approval to execute an Agreement for the Installation of Street Improvements and Dedication of Rights-of-Way between Luis A. Cerda and Frances G. Cerda and the City of Rancho Cucamonga, for the construction of Ninth Street between Grove Avenue and Edwin Street (Budgeted CDBG Project). (0602-01 AGREE IMPR) RESOLUTION NO. 94-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND RIGHT-OF-WAY DEDICATION FROM LUIS A. CERDA AND FRANCES G. CERDA, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (5) D8. Approval to execute a Lease Agreement (CO 94-073) for use of a portion of Coyote Canyon School Site (Formerly Ruth Musser School Site) with Lewis Homes of California. (0602-01 AGREE LEAS) (6) D9. Approval to award and authorization for execution of a contract (CO 94-074) for the 1994/95 Fiscal Year Street Rehabilitation Program at Various Locations, which includes cape seal and slurry seal, for the amount of $600,773.00 ($545,848.27 plus 10% contingency) to be funded from Account No. 01-4640-9400. (0602-01 CONTRACT) City Council Minutes October5, 1994 Page 3 D10. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 14365 (7) located on the south side of Mountain View Drive west of Milliken Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 262,000.00 Accept: Maintenance Guarantee Bond (Street) 26,200.00 RESOLUTION NO. 94-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14365 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D11. Approval to vacate Thomas Street from Cleveland Avenue to Vincent Avenue, Vincent Avenue from (8) Fourth Street to Thomas Street, Seventh Street from Milliken Avenue to Cleveland Avenue, Cleveland Avenue from Fourth Street to Sixth Street, a portion of Cleveland Avenue (Generally the easterly six feet) from Sixth Street to Seventh Street and a portion of the northeast corner of Seventh Street and Cleveland Avenue, and setting the date of the Public Hearing for November 2, 1994 (APN: 209-272-01, 04, 06 and 07; 210-081-22 and 23; 210-082-02, 37 and 38; 210-361-01 through 24 and 26). (1110-18 VACATE ST) RESOLUTION NO. 94-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE THOMAS STREET FROM CLEVELAND AVENUE TO VINCENT AVENUE, VINCENT AVENUE FROM FOURTH STREET TO THOMAS STREET, SEVENTH STREET FROM MILLIKEN AVENUE TO CLEVELAND AVENUE, CLEVELAND AVENUE FROM FOURTH STREET TO SIXTH STREET, A PORTION OF CLEVELAND AVENUE (GENERALLY THE EASTERLY SIX FEET) FROM SIXTH STREET TO SEVENTH STREET AND A PORTION OF THE NORTHEAST CORNER OF SEVENTH STREET AND CLEVELAND AVENUE (APN'S: 209-272-01,04, 06 AND 07; 210-081-22 AND 23; 210-082-02, 37 AND 38; 210-361-01 THROUGH 24 AND 26 MOTION: Moved by Williams, seconded by Buquet to approve the staff recommendations contained in the staff repor[s of the Consent Calendar, with Stout abstaining from voting on the August 17 minutes. Motion carried unanimously, 4-0-1 (Gutierrez absent). E. CONSENT ORDINANCES No items were submitted. F, ADVERTISED PUBLIC HEARINGS ITEMSFIANDF2WERECONSIDEREDATTHESAMETIME. City Council Minutes October 5, 1994 Page 4 Fl. CONSIDERATION OF CONDITIONAL USE PERMIT 78-03 - SAM'S PLACE: - A request to revoke the Conditional Use Permit for the operation of a bar in conjunction with a restaurant in the Neighborhood Commercial District, located at the northwest corner of 19th and Carnelian Streets - APN: 201-811-56 through 60. (Continued from September 2`1, 1994) (0802-02 CUP) Mayor Stout asked if an agreement had been reached for both of these items. Brad Buller, City Planner, stated yes. Mayor Stout opened the meeting for public hearing on both Item F1 and F. There being no response the public hearing was closed. RESOLUTION NO. 94-199 A RESOLUTION OF THE CI']-Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLINING TO REVOKE CONDITIONAL USE PERMIT NO. 78-03 AND ACCEPTING THE APPLICANT'S RELINQUISHMENT OF SAID PERMIT FOR THE OPERATION OF A BAR IN CONJUNCTION WITH A RESTAURANT, SAM'S PLACE, LOCATED AT THE NORTHWEST CORNER OF 19TH AND CARNELIAN STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 201-811-56 THROUGH 60 MOTION: Moved by Williams, seconded by Stout to approve Resolution No. 94-199. Motion carded unanimously, 4-0-1 (Gutierrez absent). F2. CONSIDERATION OF ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - A request to revoke an Entertainment Permit for a bar and restaurant in the Neighborhood Commercial District, located at the northwest comer of 19th and Carnelian Streets - APN: 20-1811-56 through 60. (Continued from September 21, '1994) (0203-05 ENTER PERM) See item F1 for discussion. RESOLUTION NO. 94-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLINING TO REVOKE ENTERTAINMENT PERMIT NO. 91-02 AND ACCEPTING THE APPLICANT'S RELINQUISHMENT OF SAID PERMIT FOR A BAR AND RESTAURANT, SAM'S PLACE, LOCATED AT THE NORTHWEST CORNER OF CARNELIAN AND 19TH STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60 MOTION: Moved by W~lliams, seconded by Stout to approve Resolution No. 94-200. Motion carried unanimously, 4-0-1 (Gutierrez absent). City Council Minutes October 5, 1994 Page 5 F3. CONSIDERATION OF LANDMARK DESIGNATION 94-02 - CAMPOS - Consideration of an (10) application to designate 9618, 9626, 9634, and 9642 Foothill Boulevard as either an Historic Landmark or an Historic Point of Interest - APN: 208-153-08, 09, 10, and 11. Staff report presented by Scott Murphy, Associate Planner, who stated the applicant has requested the landmark designation. (1402-06 HISTORY) Mayor Stout opened the meeting for public hearing. Address the City Council was: Carl Cobbins, agent for Mr. tempos, who stated they support this designation. There being no further response, the public hearing was closed. Scott Murphy, Associate Planner, pointed out that the Resolution title has a correction whereby the word "approving" should be substituted in place of "recommending approval." RESOLUTION NO. 94-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK 94-02 TO DESIGNATE FOUR HOUSES LOCATED AT 9618, 9626, 9634, AND 9642 FOOTHILL BOULEVARD AS LOCAL LANDMARKS, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 208-153-08, 09, 10, AND 11 MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 94-201 as corrected. Motion carried unanimously, 4-0-1 (Gutierrez absent). G, PUBLIC HEARINGS No items were submitted. H, CITY MANAGER'S STAFF REPORTS No items were submitted. I, COUNCIL BUSINESS I1. UPDATE BY MARKS CABLEVISION (Continued from September 7, 1994) Jerry Fulwood, Deputy (11) City Manager, introduced Marks Cablevision to give an update report. (1205-01 CATV) Bill Marks, Jr., presented an update on the cable system and what they are doing to improve their customer service City Council Minutes October 5, 1994 Page 6 Mayor Stout opened the meeting for public comment. There being no response, public input was closed. ACTION: Report received and filed. (12) 12. CONSIDERATION TO ADOPT RESOLUTION OPPOSING HR 1843 WHICH MAY REQUIRE ALI MOBILE HOME PARK DESIGNATIONS TO BE CHANGED FROM ADULT AND/OR SENIOR ONLY TO Al I FAMILY DESIGNATIONS (Continued from September 21, 1994) (ITEM TO BE CONTINUED TO OCTOBER 19, 1994) (0701-09 LEG FEDERL) (0704-01 MOBILEHOME) Councilmember Williams stated this is still being worked on at the federal level and that we should wait and see what happens with it before the Council takes any action on it. MOTION: Moved by Williams, seconded by Alexander to continue Item 12 to October 19, 1994. Motion carried unanimously, 4-0-1 (Gutierrez absent). (13) 13. CONSIDERATION TO ADOPT A RESOLUTION iN SUPPORT OF THE HABITAT CONSERVATION PLAN FOR WILDLIFE AND PLANT SPECIES OF CONCERN IN THE SAN BERNARDINO VALLEY (Continued from September 21, 1994) Staff report presented by Rick Gomez, Community Development Director. (1402-06 HISTORY) RESOLUTION NO. 94-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE PLANNING AND IMPLEMENTATION OF A PROGRAM TO CONSERVE WILDLIFE AND PLANT SPECIES OF CONCERN IN THE SAN BERNARDINO VALLEY MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 94-i94. Motion carried unanimously, 4-0-1 (Gutierrez absent). ( 14 ) 14. DISCUSSION OF A PROPOSED ORDINANCE TO PREVENT CONVENIENCE STORE ROBBERIES (0510-00 SAFETY) Mayor Stout suggested this be continued until the study is completed. He stated he would like the Police Department to analyze this also and would like he and Councilmember Buquet to meet with the Police Department before it comes back to the entire Council. MOTION: Moved by Stout, seconded by Alexander to continue Item 14 to October 19, 1994. Motion carried unanimously, 4-0-1 (Gutierrez absent). Mayor Stout stated he would like Duane Baker to also talk to the City of Gainesville, Florida about this matter. City Council Minutes October 5, 1994 Page 7 15. DISCUSSION ON DEVELOPING A BAR/LOUNGE/ENTERTAINMENT ORDINANCE Staff report (15) presented by Councilmember Buquet. (0203-05 ENTER PERM) Mayor Stout felt Foothill Boulevard should be considered in working on this project. Councilmember Williams asked if there could be supporting documentation as to the ones that are existing and would be affected, and asked for supportive data from the Police Department giving past history on those particular sites. She felt a matrix of some sort would help. Mayor Stout felt it should come back to the City Council before it goes to the Planning Commission. Mayor Stout opened the meeting for public comments. Address the City Council was: Mark Davidson stated he is getting ready to sign a lease at the Terra Vista Town enter and stated he would like to give his input on this idea. He also commented on the plan review and permit process. There being no further response, the public comments were closed. ACTION: Staff to continue working to develop an Ordinance. 16. CONSIDERATION TO ADOPT A RESOLUTION IN OPPOSITION TO THE FEDERAL (16) IMPLEMENTATION PLAN Staff report presented by Rick Gomez, Community Development Director. (0701- 09 LEG FEDERL) Councilmember Williams stated she was present at a meeting recently with Councilmember Alexander whereby Assembly man Fred Aguiar spoke on the subject and quoted him by saying "No. 3 - experts reviewing the document indicates that the mandates and goals contained in the FIP are based on technology that does not currently exist." She stated she felt this says an awful lot for the kinds of things we are trying to deal with. She felt the City needed to be more aggressive and outspoken about this kind of treatment and felt the city should move forward on this. RESOLUTION NO. 94-202 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE FEDERAL IMPLEMENTATION PLAN IN ITS CURRENT FORM MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 94-202. Motion carried unanimously, 4-0-1 (Gutierrez absent). 17. CONSIDERATION OF RECOMMENDATIONS FROM THE ROUTE 30 AD HOC TASK FORCE ON (17) MEMBERSHIP SELECTION (Oral Report) (1160-01 FREEWAY) Councilmember Buquet stated it is the group's decision to continue this item to October 19. City Council Minutes October 5, 1994 Page 8 MOTION: Moved by Buquet, seconded by Alexander to continue Item 17 to October 19, 1994. Motion carded unanimously, 4-0-1 (Gutierrez absent). J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Councilmember Williams stated she would like a report on how the operations of the library are going. Mayor stout stated he is hearing so many good comments about the library. K. COMMUNICATIONS FROM THE PUBLIC K. John Van Doren commended the City on its open process. He felt the noticing for various things should be double of what is required. L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Williams to adjourn. Motion carded unanimously, 4-0-1 (Gutierrez absent). The meeting adjourned at 8:03 p.m. mubmitted' City Clerk Approved: December 7, 1994