HomeMy WebLinkAbout1994/06/01 - Minutes June 1, 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, June 1, 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 7:02.p.m. by Mayor Pro Tern Charles J. Buquet I1.
Present were Councilmembers: William J. Alexander, Rex Gutierrez, Diane Williams, and Mayor Pro Tern
Charles J. Buquet Ii.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City
Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Dan Coleman, Principal
Planner; Nancy Fong, Senior Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Cindy
Hackett, Associate Engineer; Bob Dominguez, Administrative Services Director; Jim Frost, City Treasurer;
Deborah Clark, Library Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst
I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga
Police Department; and Jan Sutton, Deputy City Clerk.
Absent was: Mayor Dennis L. Stout.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Proclamations to Gregory White Jr., Edc Wagner and Anita Arias for their assistance
to the D.A.R.E. Program and for the example they set to children throughout the City.
Mayor Pro Tern Buquet presented the proclamations to the students.
C. COMMUNICATIONS FROM THE PUBLIC
C1. Marcus Solomon, Rancho Cucamonga and attending school in Berkeley, thanked the Council for
allowing skateboarders to express themselves by allowing contests to be held in the City. He stated
they encountered no problems with the first one, and a second one was scheduled for October. He
stated a group of skateboarders were going to volunteer for graffiti removal to give something back
to the community. He passed out an article to the Council regarding skateboarding and recent
legislation passed by the City of Berkeley, and spoke about local skateboarders that have been
invited to participate in the International Goodwill Games in Russia that would need sponsorship in
O order to attend.
City Council Minutes
June 1,1994
Page 2
C2. Shelby W'naley, London Avenue, stated that in regards to the recent newsletters sent out about the
Landscape Maintenance District public hearings, he did not see why they had to be sent first class
mail, and felt that the City could save money by sending them bulk rate.
Rick Gomez, Community Development Director, stated that due to the timeliness of the material, sending it
first class will guarantee its delivery, plus the City will receive back letters that were undeliverable so that they
can correct their records.
C3. Douglas Pure, 7970 Layfon, reminded the Council that an election would be held on June 7 and that
everyone should vote. He stated the citizens of Rancho Cucamonga have not forgotten the utility tax
that is on their bills, and the attempt made to put transitional housing for the homeless in their
residential neighborhood, and urged the citizens to support James Penman in the upcoming election.
C4. Denise Corbitt, Rancho Cucamonga and a student at Cai Poly Pomona, spoke about her research
project developing a restaurant guide for Route 66, and stated that while working on this she
discovered how little she knew about the history of Rancho Cucamonga, and felt that others might
not either. She felt that history was important to a community and urged the Council to keep that in
mind when developing Rancho Cucamonga.
C5. Bob Lundy, Rancho Cucamonga Visitors Bureau, felt the restaurant guide that Denise Corbitt had
developed would help people and made business sense. He referred to the handouts given to the
Council and spoke about what made up a visitor's bureau. He stated the Council had been invited
to be on the board of directors and wanted to know if they would be taking part in the Bureau. He
asked that this be agendized for the next meeting.
C6. Robert Serna, 7656 Layton, spoke about an incident involving his pit bull which had gotten loose
when they were not at home, and how the Animal Control and Police Departments handled the
incident, which resulted in the death of the dog. He felt that other measures should have been tried
when they were trying to catch the dog because he did not feel that his dog was vicious. He stated
he had tried to file a complaint with the Police Department and was told that he could not do so. He
felt the Police Department had not been cooperative when he tried to obtain information regarding the
incident and was owed an apology, and that the Animal Control Department should handle situations
like this in a manner that did not require killing the animal.
Mayor Pro Tern Buquet stated he was sorry to hear of Mr. Serna's loss and asked Capt. Zeiner to provide
information on what they have found out so far in their investigations.
Capt. Zeiner, Police Department, stated the original call received at 9:30 a.m. indicated there was a pit bull
that was growling and snapping at people so they had to be cautious when responding. He stated several
officers were involved for an hour and a half in trying to contain the dog, and their first goal was public safety.
He referred to the incident that occurred a couple of years ago where another family's pets got loose, and
though they had given no prior indication that they might be vicious, they attacked a grandmother and two
children in one of the parks and practically killed them. He stated they have to keep things like that in mind
when responding to a call like this, and when they ardved at the residence, there were indications that the dog
had gotten loose before and the fence had been temporarily patched. He stated the dog was not shot as a
method of apprehension, it was only after the dog ran towards an officer. He stated he would be happy to
meet with Mr. Serna and advise how he could file a citizen's complaint if he felt he has been wronged, and
stated he was extremely sorry that they had to shoot an animal, but felt before blame was placed on others
for things that happen, people as animal lovers and owners should feel responsible enough that they take
proper care of their animals and not allow them to roam free so these types of incidents do not occur.
City Council Minutes
June 1, 1994
Page 3
D. CONSENT CALENDAR
DI. Approval of Minutes: April 20, 1994
May 4, 1994
D2. Approval of Warrants, Register Nos. 5/11/94 and 5/18/94; and Payrotl ending 5/5/94 and 5119/94 for
the total amount of $1,366,362.79.
D3. Alcoholic Beverage Application for Off-Sale General for Sav-on Drugs, Lucky Stores Incorporated
Delaware, 11428 Kenyon Way.
D4. Approval of a Resolution approving Alternate Members for the Public Representatives of the Solid (1)
Waste Advisory Task Force. (0701-01 COMMITTEE)
RESOLUTION NO. 94-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ALTERNATE MEMBERS FOR THE
PUBLIC REPRESENTATIVES OF THE SOLID WASTE ADVISORY TASK FORCE
D5. Approval of Landmark Designation 94-01 - St. Clare of Assisi - An application to designate the Ernst ( 2 )
Mueller House, located at 6563 East Avenue, Rancho Cucamonga, as an Histodc Landmark - APN: 227-071-
17. Z(1402 -06 HISTORY)
RESOLUTION NO. 94-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK
DESIGNATION 94-01, THEREBY DESIGNATING THE ERNST MUELLER HOUSE,
LOCATED AT 6563 EAST AVENUE, AS AN HISTORIC LANDMARK AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 227-071-17
D6. Approval to declare all monies remaining in the Improvement Fund for Assessment District No. 89-1 ( 3 )
(Milliken, south of Arrow) as Surplus. (0401-03 ASS DIST)
RESOLUTION NO. 94-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING DECLARATION REGARDING SURPLUS
IN IMPROVEMENT FUND
D7. Approval of a resolution specifying conditions for the prepayment of special taxes within Community ( 4 )
Facilities District 88-2. (0403-01 COM FAC DI)
RESOLUTION NO. 94-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SPECIFYING CONDITIONS FOR THE
PREPAYMENT OF SPECIAL TAXES WITHIN A COMMUNITY FACILITIES
DISTRICT
City Council Minutes
June 1, 1994
Page 4
( 5 ) D8. Approval to release cash deposit and a Real Property Improvement Contract and Agreement for 8762
Vinmar Street, located south of 9th Street, east of Grove Avenue, submitted by Vincent Martinez. (0602-01
BOND REL) (0602-01 AGREE R I/L)
RESOLUTION NO. 94-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A CASH DEPOSIT AND A REAL
PROPERTY IMPROVEMENT CONTRACT AND AGREEMENT FROM 8762
VINMAR STREET
(6) D9. Approval to execute a Joint Use Agreement (CO 94-039) with Rancho Cucamonga High School for
Graduation Ceremonies at the Adult Sports Complex on June 16, 1994, and for City use of Rancho
Cucamonga High School Gymnasium for Youth Basketball Program. (0602-01 CONTRACT)
( 7 ) D10. Approval and authorization to execute a Common Use Agreement (CO 94-040) with San Bernardino
County Flood Control Distdct for Joint Use of Flood Control District Land at the Rochester Avenue East Side
Parkway from Victoria Park Lane to Highland Avenue. (0602o01 CONTRACT)
(8) D11. " ............................... '"~' '~" "'"'"' "' ............... ' ...... ~' .................. '
,*- ,- ........... -- "' .................':-'- °'-':-- ~--*- ' (0602-01
.......... · ..................... ~ ............................... ITEM REMOVED FROM AGENDA.
CONTRACT)
(9) D12. Approval to execute an Agreement (CO 94-042) between the City of Rancho Cucamonga and
Catellus Development Corporation for right-of-entry for grading and storm drain construction for the
construction of the Milliken Avenue Project from Arrow Route to Foothill Boulevard. (0602-01 CONTRACT)
(10) D13. Approval to award and authorization for execution of a Professional Services Agreement (CO 94-043)
to L.D. King for construction survey for the Milliken Avenue Extension Improvement Project, located between
Arrow Highway and Foothill Boulevard for the amount of $38,900.00, to be funded from Measure I (Arterial)
Account No. 32-4637-9328. (0511-01 AWARD)(0602-01 CONTRACT)
(11) D14. Approval to award and authorization to execute a contract (CO 94-044) for the Milliken Avenue
Extension, between Arrow Route and Foothill Boulevard, and the Arrow Route Storm Drain Improvement
Project to Riverside Construction for the amount of $1,551,867.90 ($,410,789.00 plus 10% contingency) to
be funded from San Bemardino County Measure I (Arterial) Account No. 32-4637-9328 and S.B. 140 Account
No. 35-4637-9328. (0511-01 AWARD) (0602-01 CONTRACT)
(12) D15. Approval to release Maintenance Guarantee Bond for Tract 13728, located on the northwest corner
of Hillside Road and Sapphire Street. (0602-01 BOND REL)
Release Maintenance Guarantee Bond
Storm Drain $ 7,400.00
Streets 71,300.00
( 13 ) D16. Approval to release Maintenance Guarantee Bond for Parcel Map 11472, located on the south side
of 19th Street east of Hermosa Avenue. (0602-01 BOND REL)
Release: Maintenance Guarantee Cash Deposit $ 1,100.00
City Council Minutes
June 1, 1994
Page 5
D17. Approval to release a portion of funds deposited under Contract CO 90-139 for payment of Southern (14)
Pacific Railway Improvements at the Rochester Crossing, to the William Lyon Company. (0602-01 BOND
REL)
RESOLUTION NO. 94-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE RELEASE OF A PORTION OF
FUNDS DEPOSITED BY THE WILLIAM LYON COMPANY FOR PAYMENT OF
SOUTHERN PACIFIC RAILWAY IMPROVEMENTS AT THE ROCHESTER
CROSSING
D18. Approval to accept the Ninth Street Waterline Improvement Project, located from Vinmar to Sierra (15)
Madre Avenues, CO 94-003, as complete, retain Faithful Performance Bond and authorize the City Engineer
to file a "Notice of Completion" and approve the final contract amount of $22,057.40. (0704-18 NOT COMPLT)
RESOLUTION NO. 94-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
THE NINTH STREET WATERLINE IMPROVEMENT PROJECT, LOCATED FROM
VINMAR TO SIERRA MADRE AVENUES, CONTRACT NO. CO 94-003, AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
D19. Approv.~l to accept the Sapphire Street Storm Drain and Street Improvement, Banyan Street to Moon (19)
Court; Carnelian Street Access Ramps, Base Line Road to Nineteenth Street; and Base Line Road
Improvements, east of Victoria Park Lane, CO 94-010, as complete, retain Faithful Performance Bond and
authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of
$72,200.25. (0704-18 NOT COMPLT)
RESOLUTION NO. 94-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
THE SAPPHIRE STREET STORM DRAIN AND STREET IMPROVEMENT,
BANYAN STREET TO MOON COURT; CARNELIAN STREET ACCESS RAMPS,
BASE LINE ROAD TO NINETEENTH STREET; AND BASE LINE ROAD
IMPROVEMENTS, EAST OF VICTORIA PARK LANE, CONTRACT NO. CO 94-010,
AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
MOTION: Moved by Williams, seconded by Alexander to approve the staff recommendations contained in
the staff reports of the Consent Calendar, with the exception of Item Dll. Motion carried unanimously, 4-0-1
(Stout absent).
E. CONSENT ORDINANCES
No items were submitted.
City Council Minutes
June 1, 1994
Page 6
F. ADVERTISED PUBLIC HEARINGS
ITEMS FI, F2 AND F3 WERE CONSIDERED AT THE SAME TIME.
( ].7 ) Fl. CONSIDERATION TO APPROVE THE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR
THE LEVY OF THE ANNUAL ASSESSMENTS WITHIN THE STREET LIGHTING MAINTENANCE DISTRICT
NOS. 1. 2. 3. 4. 5. 6. 7 AND 8 FOR FISCAL YEAR 1994/95 (No Increase of Assessment Rate is
Proposed) Staff report presented by Joe O'Neil, City Engineer. (0401-03 ASS DIST) (0401-03 ST LT MD)
Councilmember Gutierrez asked if the refund for LMD 7 had been budgeted.
Joe O'Neil, City Engineer, stated yes, since many of the delinquencies had been paid they had $200,000.00
which would be rebated to the residents in approximately 30-45 days.
Councilmember WIlliams asked how much would that be for each residence.
Joe O'Neil, City Engineer, stated there were 1,000 residences in that District, so that would be a $250.00
rebate for each unit.
Councilmember Gutierrez asked about the factors that might increase the rates.
Joe O'Neil, City Engineer, stated Cucamonga County Water District has informed them that there will be a 5-
1/2% rate increase for the upcoming year, and all indications point to annual increases, so they will need to
address that as time goes along.
Councilmember Alexander stated he has received calls about replacement problems with the landscaping in
LMD 2, and asked if there were plans to bring that area up to standard.
Joe O'Neil, City Engineer, stated there are numerous areas where they have added plants, and he would
provide a report to the Council on that. He stated if anyone from the public had questions, they could contact
himself or Cindy Hackett.
Mayor Pro Tem Buquet opened the meeting for public. There being no response, the public hearing was
closed.
RESOLUTION NO. 94-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7 AND 8
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 94-108. Motion carried
unanimously, 4-0-1 (Stout absent).
City Council Minutes
June 1, 1994
Page 7
F2. CONSIDERATION TO APPROVE THE ANNUAL ENGINEER'S REPORTS AND RESOLUTION FOR (18)
THE LEVY OF THE ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS.
1.2.3A. 3B. 4. 5.6.7 AND 8 FOR FISCAL yEAR 1994/95 (No Increase of Assessment Rate is Proposed)
(0401-03 ASS DIST)(0401-03 LNSCAPE MD)
See Item F1 for discussion.
RESOLUTION NO. 94-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN
LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8
PURSUANT TO THE LANDSCAPE AND STREET LIGHTING ACT OF 1972
MOTION: Moved by Alexander, seconded by W~lliams to approve Resolution No. 94-109. Motion carried
unanimously, 4-0-1 (Stout absent).
F3. CONSIDERATION TO APPROVE THE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR (19)
THE LEVY OF THE ANNUAL ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT
DISTRICT (PD-85~ FOR FISCAL YEAR 1994/95 {No Increase of Assessment Rate is Proposed) (0401-03
ASS DIST)
See Item F1 for discussion.
RESOLUTION NO. 94-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS VVITHIN
THE PARK AND RECREATION IMPROVEMENT DISTRICTS NO. 85-PD
(HERITAGE AND RED HILL COMMUNITY PARKS)
MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 94-110. Motion carried
unanimously, 4-0-1 (Stout absent).
F4. CONSIDERATION OF CONDITIONAL USE PERMIT 78-03 - SAM'S PLACE - A request to revoke (20)
the Conditional Use Permit for the operation of a bar in conjunction with a restaurant in the Neighborhood
Commercial District, located at the northwest comer of 19th and Carnelian Streets - APN: 201-811-56 through
60. Staff report presented by Nancy Fong, Senior Planner. (0802-02 CUP)
Mayor Pro Tern Buquet opened the meeting for public hearing. Addressing the City Council were:
John Mannerino, 9333 Base Line Road, representing Mr. Petlegrino, passed out a letter from the
property manager to the Council to show that compliance with the conditions has not been as easy
as might have been expected. He stated he did not understand why they were back before the
Council because Mr. Pellegrino has been trying to comply with the restrictions placed by the Council.
He stated he was not aware of any complaints that have come in. He agreed that they were unable
to comply in one week but explained the difficulties encountered in trying to coordinate with all the
different agencies involved. He also stated there was a question as to the requirement for security,
City Council Minutes
June 1,1994
Page 8
and felt the way it was wdtten was ambiguous and that they were in compliance with that requirement
as they had interpreted it. He showed photographs that supported their compliance. He also felt that
employees and patrons of other establishments in the shopping center were creating some of the
problems attributed to Sam's Place, and that they had no control over them. He felt if staff were to
go out and continuously monitor this establishment they could find violations that he felt were punitive
in nature, but he did not feel that was the point of the conditions when they were placed upon the bar.
He thought if Mr. Pellegrino evidenced a good faith effort to reduce the impact of his establishment
on the neighborhood he could stay open until midnight and that was what was occurring.
Sam Pellegrino, Sam's Place, felt the Council has placed more emphasis on his establishment than
on others in the City and that the City did not go after other bars that are in the same situation. He
stated he has lost 43% of his business in the last four weeks due to the conditions placed upon him.
He also felt the article in the Daily Bulletin had an adverse impact on his ability to find another location
to open his bar at.
Mayor Pro Tem Buquet asked if he was closing his establishment at midnight.
Sam Peltegrino, Sam's Place, stated yes. The only people in the bar after midnight were staff people
and customers who might be finishing their last drinks.
Eric Snedaker, 7534 Plymouth Way, believed the Council has taken an aggressive stance on
undesirable establishments, and was not going to argue about that position, but asked them to fully
consider Sam's situation and that they take into account the opinions of the residents as a whole and
not just a few concerned parties. He thought that most residents in this area will be drowned out by
the sound of freeway traffic in a few years, more than from his bar.
There being no further response, the public hearing was closed.
Councilmember Alexander felt they might have overreacted. He did not know why they were not looking at
the intent instead of the letter of the law. He stated he was not aware of any complaints, and felt if the officers
occasionally check to see that he is still trying to comply to the conditions set by the Council, he felt that was
adequate. He added the establishment has agreed to close or relocate by September and was not in support
of the resolution.
Councilmember Williams concurred with Councilmember Alexander. She asked if the chain appeared to be
a problem with the property manager and owner, was there another way they could resolve that issue.
Brad Bulier, City Planner, stated the chain along the wall was not required, and was a misinterpretation by the
applicant and could be removed. He stated if the Council wanted to remove the other chain and leave the "No
Parking" signs posted, they could go with that. He stated in response to the condition for a security guard at
6:00 p.m., the Council could set whatever requirements they deemed appropdata and staff would follow their
guidelines.
Councilmember Gutierrez asked if they needed to have security that early.
James Markman, City Attorney, stated the reason for a security guard provision is because it is objective,
because other requirements, such as the owner will not allow any disturbance, is very subjective and these
amorphous conditions are very difficult to monitor for compliance. He stated it was probably for that reason
they set a specific time for security. He stated he would not suggest they go back to some amorphous
condition, but it was the Council's decision.
City Council Minutes
June 1, 1994
Page 9
Councilmember Alexander stated they might want to consider changing the time so security requirements
would start at sundown.
Councilmember Gutierrez wanted to be sure they were being consistent and did not feel they were doing that.
He appreciated staffs diligence on the matter but might feel differently if there had been complaints from the
neighborhood. He felt they could continue until September, and that providing security once it was dark would
be all right with him.
Mayor Pro Tern Buquet felt the owner might have drawn this attention upon himself, but agreed that seven
days might not have been enough t~me for full compliance. He stated he had heard there was some after hour
activity, but he would take the word of the applicant that it was not occurring. He stated he appreciated staff
monitoring the situation, and did not feel they were at fault for bringing this back to the Council because they
had been directed to do so if Mr. Pellegrino was not in full compliance, though after seeing the photographs
it appears Mr. Pellegrino is 99% in compliance. He stated they could look at a compromise on the time for
security to start, maybe around 7:00 or 7:30 p.m.
John Mannedno felt they should tailor the condition for secudty to the use of the bar. He stated they
really have no business until around 9:00 p.m., and that on Monday and Tuesday there is almost no
business at all. He stated the busiest times are Thursday through Saturday after 9:00 p.m.
Mayor Pro Tern asked Brad Buller to work with Mr. Mannerino in defining what was required for security that
would be objective.
Brad Buller, City Planner, felt they could do that.
RESOLUTION NO. 94-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. 78-03
FOR THE OPERATION OF A BAR IN CONJUNCTION VVITH 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
CONSIDERATION OF ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - A request to revoke an (20)
Entertainment Permit for a bar and restaurant in the Neighborhood Commercial District, located at
the northwest comer of 19th and Carnelian Streets - APN: 201-811-56 through 60. (0203-05 ENTER
PERM)
RESOLUTION NO. 94-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT NO. 91-02
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
ACTION: Council directed staff to work with the applicant to smooth out any final requirements and allow them
to operate until the expiration of the lease.
City Council Minutes
June 1, 1994
Page 10
(2~.) FS. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT ~)3-
02A - GENERAL DYNAMICS - A proposed amendment to change the land use map from Industrial Park and
General Industrial to Mixed Use and Open Space and other related amendments in conjunction with the
Subarea 18 Specific Plan for 380 acres of land generally located north of 4th Street and west of Milliken
Avenue -APN: 209-272-01, 04, 07 and 08; 210-081-22 and 23; 210-082-03, 11, 17, 37, 38, and 39; and 210-
361-01 through 26. Staff report presented by Dan Coleman, Principal Planner. (0203-03 GP AMEN)
Mayor Pro Tern Buquet opened the meeting for public hearing. Addressing the Council was:
Jeff Kudlack, General Dynamics, 10900 E. 4th Street, thanked staff for the time and effort they have
put in to move this project forward to this point, and were appreciative for the support they received
from the Planning Commission. He felt their project focused on the three "R's", revitalize, re-evaluate
and reposition, and explained how this project covered all three areas.
There being no further comments, the public hearing was closed.
RESOLUTION NO. 94-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 93-
02A, A REQUEST TO AMEND THE GENERAL PLAN TO ADD A NEW LAND USE
CATEGORY OF "MIXED USE," TO AMEND THE LAND USE MAP FROM
INDUSTRIAL PARK AND GENERAL INDUSTRIAL TO MIXED USE AND OPEN
SPACE, AND OTHER RELATED AMENDMENTS IN CONJUNCTION WITH THE
SUBAREA 18 SPECIFIC PLAN FOR 380 ACRES OF LAND BOUNDED ON THE
SOUTH BY 4TH STREET, ON THE EAST BY MILLIKEN AVENUE, ON THE
NORTH BY THE A.T.S.F. (METROLINK) RAILROAD, AND ON THE WEST BY
CLEVELAND AVENUE AND UTICA AVENUE, RANCHO CUCAMONGA,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 209-272-
01, 04, 07, 08; 210-081-22, 23; 210-082-02, 11, 17, 37 THROUGH 39; AND 210-
361-01 THROUGH 26
MOTION: Moved by Alexander, seconded by Gutierrez to adopt Resolution No. 94-113. Motion carried
unanimously, 4-0-1 (Stout absent).
(21) CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC
PLAN AMENDMENT 93-03 - GENERAL DYNAMICS - A proposed amendment to create a new Subarea 18,
bounded on the south by 4th Street, on the east by Milliken Avenue, on the north by the A.T. & S.F. (Metrolink)
Railroad, and on the west by Cleveland Avenue and Utica Avenue, and other related amendments to provide
consistency with the Subarea 18 Specific Plan - APN: 209-272-01, 04, 07, and 08; 210-081-22 and 23; 210-
082-02, 11, 17, 37, 38 and 39; and 210-361-01 through 26. (0203-05 INDUS SP)
Jan Sutton, Deputy City Clerk, read the title of Ordinance No. 524.
ORDINANCE NO. 524 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN
AMENDMENT 93-03, A REQUEST TO AMEND THE INDUSTRIAL AREA SPECIFIC
PLAN TO ESTABLISH A SUBAREA 18, AND OTHER RELATED AMENDMENTS,
IN CONJUNCTION WITH THE SUBAREA 18 SPECIFIC PLAN, FOR 380 ACRES
OF LAND BOUNDED ON THE SOUTH BY 4TH STREET, ON THE EAST BY
City Council Minutes
June 1, 1994
Page 11
MILLIKEN AVENUE, ON THE NORTH BY THE A.T. & S.F. (METROLINK)
RAILROAD, AND ON THE WEST BY CLEVELAND AND UTICA AVENUES,
RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 209-272-01, 04, 07, AND 08; 210-081-22
AND 23; 210-082-02, 11, 17, 37, 38, AND 39; AND 210-361-01 THROUGH
26
MOTION: Moved by Alexander, seconded by Williams to waive full reading and set second reading of
Ordinance No. 524 for June 15, 1994. Motion carried unanimously, 4-0-1 (Stout absent).
F6. CONSIDERATION OF SPECIFIC PLAN 93-01 - GENERAL DYNAMICS - A plan for the
redevelopment of 380 acres of land that would include recreational, commercial, and retail facilities
surrounding an 18-hole golf course, bounded on the south by 4th Street, on the east by Milliken Avenue, on
the north by the A.T. & S.F. (Metrolink) Railroad, and on the west by Cleveland Avenue and Utica Avenue.
Staff report presented by Dan Coleman, Principal Planner. (0203-05 SPECF PLN)
Mayor Pro Tern Suquet opened the meeting for public hearing. There being no response, the public hearing
was closed.
Jan Sutton, Deputy City Clerk, read the title of Ordinance No. 525.
ORDINANCE NO. 525 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN 93-01, THE
SUBAREA 18 SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Gutierrez, seconded by Alexander to waive full reading and set second reading of
Ordinance No. 525 for June 15, 1994. Motion carried unanimously, 4-0-1 (Stout absent).
CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT - GENERAL DYNAMICS - A public
hearing on a Final EIR for the General Dynamics Rancho Cucamonga Subarea Specific Plan 93-01, General
Plan Amendment 93-02A, Industrial Area Specific Plan Amendment 93-03, and Tentative Parcel Map 14647
for the redevelopment of 380 acres of land that would include recreational, commercial, and retail facilities
surrounding an 18-hole golf course, bounded on the south by 4th Street, on the east by Milliken Avenue, on
the north by the A.T. & S.F. (Metrolink) Railroad, and on the west by Cleveland Avenue and Utica Avenue.
(1403-06 EIR)
RESOLUTION NO. 94-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE SUBAREA 18 SPECIFIC PLAN, AND ADOPTING THE
STATEMENT OF OVERRIDING CONSIDERATIONS
MOTION: Moved by Alexander, seconded by Gutierrez to adopt Resolution No. 94-114. Motion carried
unanimously, 4-0-1 (Stout absent).
City Council Minutes
June 1,1994
Page 12
G. PUBLIC HEARINGS
No items were submitted.
H. CITY MANAGER'S STAFF REPORTS
(23) H1. APPROVAL OF A RESOLUTION DECLARING SUPPORT FOR THE ETIWANDA HISTORICAL
SOCIETY AND THEIR APPLICATION FOR FUNDING FROM THE ADA COOPER HISTORIC
PRESERVATION ENDOWMENT TRUST FUND Staff report presented by Brad Buller, City Planner. (1402-06
HISTORY)
Mayor Pre Tem Buquet opened the meeting for public comments. There being no response, public comments
were closed.
RESOLUTION NO. 94-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING SUPPORT FOR THE ETIWANDA
HISTORICAL SOCIETY AND THEIR APPLICATION FOR FUNDING FROM THE
ADA COOPER HISTORIC PRESERVATION ENDOWMENT TRUST FUND
MOTION: Moved by Williams, seconded by Alexander to adopt Resolution No. 94-115. Motion carried
unanimously, 4-0-1 (Stout absent).
(24) H2. CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND FOR TRACT 12902.
LOCATED ON THE WEST SIDE OF HERMOSA AVENUE NORTH OF HILLSIDE ROAD (NORDIC
DEVELOPMENT) Staff report presented by Jack Lam, City Manager. (0602-01 BOND REL)
Release: Maintenance Guarantee Bond $ 31,000.00
MOTION: Moved by Alexander, seconded by Williams to approve staff's recommendation contained in the
staff report. Motion carded unanimously, 4-0-1 (Stout absent).
(25) H3. STATUS REPORT ON YOUTH ACCOUNTABILITY BOARD'S PROGRESS Staff report presented
by Jerry Fulwood, Deputy City Manager, who stated Cynthia Fusie was present to give an update. (0510-00
SAFETY)
Cynthia Fusie, Probation Department, presented information on how the volunteers were being
trained and organized, and stated they should be ready to start operations in June.
Councilmember Gutierrez asked how many people were on a panel.
Cynthia Fusie, Probation Department, stated there were five people per panel, and that they rotate
monthly.
City Council Minutes
June 1, 1994
Page 13
Mayor Pro Tern Buquet asked if they could have an update report in 90 days.
Councilmember Gutierrez asked how many kids in Rancho Cucamonga would be impacted, and if there were
any other cities in this area that were using this program.
Cynthia Fusie, Probation Department, stated the Juvenile Officer at the Rancho Cucamonga
Substation receives about 82 applications per month, but they are not all first time offenders and this
was a first time offender program. She stated initially they would be dealing with about 10 cases per
month until the panels become more familiar with the process. She stated the City of Hesperia has
had this program for almost three years.
Councilmember Gutierrez asked if they kept any statistics on if people who go through this program commit
other crimes afterwards to gauge how effective this program is.
Cynthia Fusie, Probation Department, stated they have not kept official statistics in the past but they
are starting to do so now.
Councilmember Gutierrez suggested that the Council might want to send a letter to each person who
volunteered for the program, even if they were unable to be on a panel to thank them for their participation
and their efforts on behalf of the community.
ACTION: Update report to come back in 90 days.
h4. COUNCIL AUTHORIZATION TO RECRUIT LIBRARY BOARD OF TRUSTEES Staff report (26)
presented by Deborah Clark, Library Manager. (1601-06 LIBRARY)
Mayor Pro Tern Buquet stated he understood that the Council Subcommittee has already met on this matter
and thought they should see what the Subcommittee's recommendation was.
Jack Lam, City Manager, stated they have moved ahead with the advertising but would like direction from the
Council on how they would like to select the finalists.
Councilmember Williams stated the Subcommittee's initial response was if the Council approved, they would
handle it in the same way as they have in the past, where the Subcommittee narrows the applicants down to
a short list for the Council to review, but with five positions open a short list might be 15-20 applicants.
Mayor Pro Tern Buquet stated he would like the Subcommittee to screen the applicants down to 10 maximum.
Councilmember Gutierrez stated he wanted to be sure that the Council did get a chance to vote on the
finalists.
Councilmember Williams stated that would be the process followed.
ACTION: The Council directed staffto move forward with the application and interview process.
City Council Minutes
June 1,1994
Page 14
I. COUNCIL BUSINESS
( 27 ) I1. UPDATE ON MARKS CABLEVISION ISSUES Staff report presented by Jerry Fulwood, Deputy City
Manager, who introduced Bill Marks Sr., President of Marks Cablevision. (1205-01 CATV)
Bill Marks, Marks Cablevision, went over handouts he had given to the Council. He presented
background information on how long they have been in the cable industry as well as their time in
Rancho Cucamonga and how they ara committed to the community. He stated they have invested
$50 million already in the system, and are spending $800 thousand a month in upgrades, which
included such items as fiber optics, 61 channel availability, and state-of-the art addressable converter
boxes. He continued to explain the problems they have encountered in converting from three
systems to one, and the steps they have taken to correct those problems. He stated they would have
the finest cable system in the araa when they were finished. He stated they have increased their staff
and employ local residents. He presented information on how they could work in conjunction with the
City by putting specific information on a certain gdd for emergency notices which would be beneficial
for the community, and how they would be a total telecommunications company.
Sean Hogue, Director of Development for Marks Cablevision, spoke about how they have been
working on improving communications with the City. He stated Marks has always been a very
community oriented company, and stated some of the ways they support the community ara by
providing service flee to the different schools, working with Chaffey College, working with the City on
a graffiti removal project, hiring local employees, and supporting Quakes baseball. He covered the
cdtical path items that will be occurring in the next three months, such as the new converter boxes,
construction schedules, their new offices in Terra Vista, the fiber optic interconnect, etc.
Councilmember Williams stated she liked the idea of having an update every three months.
ACTION: Report received and filed, with an update to come back in three months.
(28) 12. DISCUSSION OF FORMAT FOR JUNE 8. 1994 ROUTE 30 MEETING (Oral Discussion) (1160-01
FREEWAY)
Rick Gomez, Community Development Director, stated staff has met with members of the PAC for Route 30
and they arrived at an agreeable format that would allow them to be informed by the representatives of
SANBAG and Caltrans as to the official status and alternative designs that have been prepared by the project
proponents, and then the City would facilitate a question and answer pedod with those representatives which
would allow greater understanding of the project. He felt they would have a cooperative and functional
meeting in which people will gain a greater understanding of what they are trying to accomplish. He added
that the City of Upland recently conducted a meeting that was initiated by the Mayor Nolan of Upland in order
to gather further information from SANBAG and Caltrans as to the funding and sequencing of construction,
and at that meeting Caltrans and SANBAG discussed the way in which the funding would be used. Mayor
Nolan had some concerns, and at today's SANBAG Board meeting he expressed those concerns, and the
Board asked the Major Projects Task Force to look at alternatives to fund the western portion of the freeway
as a priority. He stated the Council had been given a copy of a letter sent to Mayor Nolan clarifying the Route
30 Forum and its purpose. He introduced Gary Moon, the Project Manager from SANBAG for the Route 30
Freeway.
City Council Minutes
June 1, 1994
Page 15
Gary Moon, SANBAG, stated at the last public meeting thoro was an estimated attendance of 1100-
1200 people which far outreached their expectations. He stated they did not plan for a question and
answer period but they did put out comment cards for people to fill out. Those cards are being
categorized and the answers will be presented at the June 8th meeting.
Mayor Pro Tem Buquet asked if they will have a question and answer pedod at the next meeting at Alta Loma
High School.
Gary Moon, SANBAG, stated the meeting will be in the auditorium, which is fixed seating and has a
limited number of seats available. He stated they are concerned that if the same amount of residents
come to the meeting they might have a problem with the capacity.
Mayor Pro Tem Buquet felt the kind of turn out they have been having would indicate that they need to hold
a number of meetings to accommodate everyone.
Councilmember Williams wanted to be sure that they were prepared with the most current information and
ample hand-outs for the meeting.
Gary Moon, SANBAG, stated they were prepared for a very large crowd again.
Councilmember Gutierrez asked what would be the format they would be following.
Rick Gomez, Community Development Director, stated Caltrans and SANBAG would make a presentation
and discuss the alternative options, then there would be an opportunity for people to ask questions of the
representatives.
Councilmember Gutierrez asked what was the Council's rote in these meetings because this question arose
after the last meeting.
Mayor Pro Tern Buquet stated some of the confusion centers around the fact that this is not a City project, it
is being handled at the state and federal levels. He stated Rancho Cucamonga has set high design standards
for this area, and he did not feel they should let down those standards just because it was someone else's
project. He felt it was important for people who attend the meetings to understand that the City's role is one
of advocacy, that they have been involved for many years in this issue, not just now when it was getting close
to construction. He felt they needed to keep having these meetings so the other agencies involved can
understand the concerns of the community and their standards. He felt the Council should be introduced but
felt their role should only be one of advocacy, and not where they arc put in the position of being proponents
of the project.
Councilmember Gutierrez asked if the final design will be approved by the City leaders.
Mayor Pro Tern Buquet stated the City has to enter into a development agreement relative to the freeway, and
there will have some say in the matter.
Councilmember Gutierrez felt the Council should adjourn to the meeting at the high school.
Jack Lam, City Manager, stated if they do adjourn, then it will be considered a Council meeting rather than
a meeting by the other agencies. He stated they could do so at Council's direction.
City Council Minutes
June 1, 1994
Page 16
The Council discussed with the City Attorney the impacts of the Brown Act if they were to attend the meeting
without calling a Council meeting.
Mayor Pro Tem Buquet asked Gary Moon if the Council were to adjourn to this meeting, would that create a
conflict with the Caltrans and SANBAG representatives.
Gary Moon, SANBAG, stated Caltrans was unwilling to participate fully and directly in this meeting
given the fact that it is a fixed arrangement with a potential question and answer section. He stated
they would make themselves available but did not want to participate in any type of presentation, so
he did not feel that any decision the Council made would affect their decision. He stated SANBAG
would have no problem with the Council's plan. He explained how SANBAG and Caltrans had
conducted the hearings on the Environmental Document. One was not successful and there was a
lot of grandstanding. The second one was held differently and used the comment cards, and since
that seemed to work well for them, they have been trying to format all their meetings like that. He
stated the difference was that they held the second meeting over a period of nine to ten hours, so it
did not create a crush of people.
Mayor Pro Tern Buquet opened the meeting for public comments. Addressing the Council was:
Frank Munoz, 6621 Kern, appreciated the time the Council was spending on this issue. He concurred
that the Council should be at the June 8th meeting in an official capacity. It was also his
understanding that SANBAG would have updated displays showing the three proposed options. He
also thought there should be a question and answer pedod.
There being no further response, the public comments section was closed.
ACTION: Report received and filed.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J 1. Councilmember Alexander asked for an item to consider nominating a Councilmember to the Board
of Directors of the Rancho Cucamonga Visitors Bureau (Route 66).
K. COMMUNICATIONS FROM THE PUBLIC
KI. John Van Doren, 11186 Corsica, stated he was pleased by the actions the Council have taken to
make Rancho Cucamonga one of the safest cities in the nation, and hoped they continued the good
work.
L. ADJOURNMENT
MOTION: Moved by Williams, seconded by Alexander to recess to Executive Session to discuss Property
Negotiations per Government Code Section 37350, located on the southeast corner of Hellman and Wilson
Avenue (5759 Hellman Avenue), with Dorothy and Wesley West; Rick Gomez and Larry Henderson
negotiators; concerning price and terms of payment, and Labor Negotiations per Government Code Section
54957.6 to give Robert Dominguez, Administrative Services Director, direction in regards to the meet and
City Council Minutes
June 1,1994
Page 17
confer process with all City employee groups. Motion carried unanimously, 4-0-1 (Stout absent). At the
conclusion of Executive Session it was announced that the City Council considered four offers made to the
City after a thirty day public notice and two open house days. By unanimous consent, the Mayor and City
Councilmembers accepted the offer by Mr. and Mrs. West of $310,000.00 with no contingencies. Executive
Session adjourned to the Route 30 public meeting being held on June 8, 1994 at 7:00 p.m. in the Alta Loma
High School Auditorium. The meeting adjourned at 10:05 p.m.
Respectfully submitted
Deputy City Clerk
Approvedi July 20, 1994