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HomeMy WebLinkAbout1992/12/16 - Minutes December 16, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CAI,!, TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 16, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:26 p.m. by President Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williams, and Chairman Dennis L. Stout. Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Brad Buller, City Planner; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Robert Dominguez, Administrative Services Director; 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. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Funds for D.A.R.E. Program donated by Rotary Club of Rancho Cucamonga. George Kuykendall from the Rancho Cucamonga Lunchtime Rotary Club presented a check for $1,000.00 to the City to help fund the D.A.R.E. Program. B2. Presentation of Proclamation to Alan Haskvitz in honor of receiving the Christa McAuliffe Teaching Award. Mayor Stout presented the proclamation to Alan Haskvitz. B3. Presentation of Proclamation bestowing honorary citizenship upon Lacy J. Dalton. Mayor Stout read the proclamation being presented to Lacy J. Dalton, which would be forwarded on to her. B4. Presentation of Proclamation to the Etiwanda High School Marching Eagles for their recent achievements. Mayor Stout presented the proclamation to Don Jarmi!lo, band director, and two representatives from the band, and also thanked them for their efforts in entertaining at various functions within the City, and for the positive recognition they bring to Rancho Cucamonga. City Council Minutes December 16, 1992 Page 2 C. COMMUNICATIONS FROM THE No communications were made from the public. PUBI.IC (1) (2) (3) (4) (5) DI. Approval of Minutes: D. CONSENT CAI-ENDAR November 30, 1992 D2. Approval of Warrants, Register Nos. 11/25/92 and 12/2/92; and Payroll ending 11/19/92 for the total amount of $912,510.49. D3. Approval to receive and file current Investment Schedule as of November 30, 1992. D4. Approval to receive the Fiscal Year 1991/92 Comprehensive Annual Financial Report (CAFR). (0400-00 FINANCE) D5. Approval to grant request from Rancho Cucamonga High School for City flag to be flown over their campus. (1405-03 SCHOOLS) D6. Approval to sell a one acre site on the north side of Civic Center Drive and east of Haven, and a two acre site on the south side of Ninth Street, west of Hellman for redevelopment purposes. (1002-00 PROPERTY) D7. Approval to execute an Agreement for Acquisition of Off-Site Property, Security, and Deposit for Parcel Map 12959-1, located at the southeast comer of White Oak Avenue and Arrow Route, submitted by Capellino and Associates. (0602-01 AGREE ACQ) RESOLUTION NO. 92-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF-SITE PROPERTY, SECURITY, AND DEPOSIT FOR PARCEL MAP 12959-1 FROM CAPELLINO AND ASSOCIATES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D8. Approval and execution of Program Supplement No. 006 (CO 92-089) to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of California for the construction of Rochester Avenue - from Victoria Park Lane to Lark Drive, consisting of street widening, signing and striping, street lighting and storm drain improvements. The supplement sets the state reimbursable portion of the project at $40,566.00 and the City's portion at $94,563.00. Reimbursable funding from the supplement agreement shall be deposited to the SBI40 Account. (0602-01 CONTRACT) City Council Minutes December 16, 1992 Page 3 RESOLUTION NO. 92-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 006 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE STREET IMPROVEMENTS BETWEEN VICTORIA PARK LANE AND LARK DRIVE D9. Approval of amended San Bernardino County Schedule A for Law Enforcement Services for the City of Rancho Cucamonga in the amount of $7,083,026, to be funded from Account No. 01-4451-6028. (1301-00 SHERIFF) (0602-01 CONT AMEN) D10. Approv¢fi of Map, o~¢ocution of Improv~mont Agroomonts, Improvomont goeuritios and Ordocing tho Annonation to I.,o. nd,soapo Maintonance District No. q and Street Lighting Maintenance District Nos. I and {I for Baroct Map 13.987, !oeatod at the southwest comer of Baso Lino Road and Roohoster Avonuo, submitted b,t Lo~v.i,a Dovelopmont Company. ITEM REMOVED FROM AGENDA. (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 92 300 A R~iSO LUTION OF THE CITY COUNCIL OF TIIE CITY OF RANCIIO CUCAMONGA, CALIFORNIA, API>ROVII~G PARCEL MAP 13987, IMBROVBMEbrr ACRF~MENTg AND IMPROVEMEI~rF gEURITIEg RESOLUTION NO. 92 301 A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF RANCIIO CUCAMONCA, CALIFORNIA, ORDERING TIIE ANNEXATION OF CERTAIN TERRITORY TO L.M~/DF, CAFq2 MAII~FFENANCE DIgTRICT NO. 4 AND gTREET LICIITING MAINTEN,MsqCE DIgTRICT NOg. 1 AND {1 FOR P,M1CEL MAP 13087 D11. Approval to Accept Landscape Improvements Only, Release of Bond and Notice of Completion for Tract 13930, located on the east side of Hellman Avenue at Wilson Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond Accept: Maintenance Guarantee Bond $228,000.00 22,800.00 RESOLUTION NO. 92-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC LANDSCAPE IMPROVEMENTS FOR TRACT 13930 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D12. Approval to Accept Improvements, Release of Bonds and Notice of Completion for CUP 88-12 - Foothill Boulevard Medians, located on Foothill Boulevard between Haven Avenue and Milliken Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) (6) (7) (8) (9) City Council Minutes December 16, 1992 Page 4 RESOLUTION NO. 92-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 88-12 - FOOTHILL BOULEVARD MEDIANS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Gutierrez, seconded by Alexander to approve the staff recommendations contained in the staff reports of the Consent Calendar, less Item No. D10. Motion carried unanimously, 5-0. No items were submitted. E. CONSENT ORDINANCES (x0) (ii) F. ADVERTISED PUBI.IC HEARINGS F 1. CONSIDERATION OF LANDMARK DESIGNATION 92-02 - Approval of an application to designate the Pearson Filling Station and Garage, located at 12912 Foothill Boulevard, Rancho Cucamonga, as an Historic Landmark - APN: 1100-061-02. (Continued from October 7, 1992) (1402-06 HISTORY) CONSIDERATION OF ENVIRONMENTAL ASSESSMENT OF DEMOI-ITION REOUEST FOR THE PEARSON FILLING STATION AND GARAGE (A POTENTIAL I .OCAL LANDMARK. STATE LANDMARK. AND NATIONAL REGISTER ELIGIBLg STRUCTURE) - A request to demolish a portion of the Pearson Filling Station and Garage, located at 12912 Foothill Boulevard, Rancho Cucamonga - APN: 1100-061-02. The Historic Preservation Commission recommends the preparation of a focused Environmental Impact Report (EIR) in order to best assess the adverse impact to this resource. Other options that could be considered include the issuance of a Mitigated Negative Declaration. (Continued from October 7, 1992) (1402-06 HISTORY) Brad Buller, City Planner, stated staff was prepared to present a staff report tonight, but that the Council Subcommittee has submitted a memo requesting that this item be continued to the second meeting in January. Mayor Stout asked the applicant if they agreed to continuing this item to the second meeting in January with the understanding that them would be no further continuances. Barry Vantiger, applicant, stated he would like Council to address the issue tonight if possible. Councilmember Alexander asked if the Council were to continue the item, would it have a profound financial impact or liability impact on the applicant, and did he feel it was absolutely necessary to decide the issue tonight. Barry Vantiger, applicant, stated it was not absolutely necessary. He stated they have been apprised of a liability and public nuisance hazard associated with the property so would like it taken care of as soon as possible, but it does not have a direct financial impact. Councilmember Alexander agreed he would like it settled, but out of consideration for several issues involved, he would be willing to go along with the continuance with the understanding that it would not go beyond the second meeting in January. City Council Minutes December 16, 1992 Page 5 Barry Vantiger, applicant, stated that would be acceptable. Councilmember Gutierrez asked if the traffic signal would be delayed at all by the continuance. Joe O'Neil, City Engineer, stated an interim arrangement has been made with the state and they will be installing the signal in the next few weeks irregardless of when this item is heard. Councilmember Buquet stated he met with the two paxties involved and discussed this issue, and felt it was clear to everyone the concerns the Historic Preservation Commission and the Council had, and thought it was acceptable to everyone there that this item be continued to January. Barry Vantiger, applicant, stated the continuance was acceptable to them, he just felt he should inform the Council of the continuing liability problem with the possibility that the canopy might collapse due to its age. He stated the problem has been mitigated by installation of a chain link fence around the area but it is still considered a ha~,~rd. Councilmember Williams slated she concurred with Councilmember Buquet to allow the Historic Preservation Commission a little more time to work with the state. Mayor Stout stated he was willing to continue the item one more time as long as they were assured there would be no more continuances. RESOLUTION NO. 92-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION 92-05, THEREBY DESIGNATING THE PEARSON FILLING STATION AND GARAGE, LOCATED AT 12912 FOOTHILL BOULEVARD, AS AN HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-061-02 MOTION: Moved by Alexander, seconded by Williams to continue Item F1 for the final time to the second meeting in January, 1993. Motion carried 4-1 (Gutierrez no). F2. CONSIDERATION TO CORRECT TYPOGRAPHICAL ERROR OF RESOLUTION 92-223 PF-RTAINING TO COMMUNITY BEAUTIFICATION - This is a hearing to adopt Resolution 92-223A correcting a typographical error perufining to Community Beautification. Staff report presented by Jack Lain, City Manager. (0502-02 BEALYYY) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 92-223A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 92-223 MOTION: Moved by Gutierrez, seconded by Alexander to approve Resolution No. 92-223A. Motion carried unaimously, 5-0. City Council Minutes December 16, 1992 Page 6 (is) G. PUBI,IC HEARINGS GI. CONSIDERATION OF AMENDMENT TO SUBSFCTION 12.04.010A.3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO CONDUCT OF ACTIVITIES IN PARKS Staff reiDon presented by Linda Daniels, Deputy City Manager. (1401-03 SPORT ACT) Mayor Smut 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. 505A. ORDINANCE NO. 505A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 12.04.010A.3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Buquet, seconded by Willlares to waive full reading and set second reading of Ordinance No. 505A for the January 6, 1993 meeting. Motion carried unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS II1. CONSIDERATION OF IMI'ROX. tEIMENTg, RELEASE OF BONDS A~D NOTICE OF COMPLETION FOR TRACT 12902 LOCATliD ON TIIE WEST SIDE OF IFERMOSA AVENUE NORTII OF IIILLgIDE ROAD. DEVELOPliD BY NORDIC WOOD8 II. LTD.. A CALIFORNIA LIMITliD FtARTNERSIIIp (0602-01 BOND REL) (0704-18 NOT COMPLT) Jack Lam, City Manager, stated there has been a request to remove this item from the agenda due to a lack of a Maintenance Guarantee Bond being provided on time by the developer. RI~&OLUTION NO. 92 304 A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF RANCIIO CUCAMONCA, CALIFORNIA, ACCEPTINC TIlE PUBLIC I},{I'~ROVE~OENT8 FOR TRACT 12902 AND AUTIIORIZINC TIIE FILINC OF A NOTICE OF COMPLETIOI~ FOR TI IE WORK ACTION: Item removed from the agenda. I. COUNCIL BUSINESS II. FORMATION OF ANTI-GRAFFITI TASK FORCE (Continued from December 2, 1992) Staff report presented by Jerry Fulwood, Deputy City Manager. (0704-07 VANDALISM) Mayor Stout recommended they ask a municipal court judge to serve on the Task Force since this problem also involves the judicial system. He felt it would allow the courts to see how serious the City feels the problem is. City Council Minutes December 16, 1992 Page 7 Councilmember Buquet stated there are other task force groups formed in other jurisdictions and wanted to gather the information they collected and try to incorporate that into what Rancho Cucamonga is trying to do. He felt it was important to remind everyone that they have been fighting this problem for years, and that one of the first community awareness programs was held over two years ago. He stated this is a preliminary step in evaluating the problem in the Citg's neighborhoods, and hoped that once they deal with it locallay, they could work with the neighboring cities on alleviating this problem. Mayor Stout stated they were making this recommendation at this time became they were experiencing an increase in graf~ti throughout the West End, and though he felt Rancho Cucamonga was dealing with it better than surrounding cities, he thought they could improve. He stated they currently spend over $100,000.00 a year on graffiti removal. He felt they needed to find other ways to address the problem, and though he knows you cannot realistically expect to eliminate graffiti totally, he felt they could control it and eliminate it as quickly as possible. He felt quick elimination discouraged people from coming here to repeat their efforts. Councilmember Gutierrez asked if there could be more than two community members at large on the Task Force, because he felt there would be more people that would want to be involved and they should have more input from the community. Mayor Stout stated he did not disagree, but that the Task Force was rather large as it was, and they were laying to keep the number workable. Councilmember Williams suggested that after the initial meetings of the Task Force, they should try to disburse the information to various neighborhood groups and help to educate the parents. She stated the County is developing an interjurisdictional permit to allow cities to go onto County property to remove graffiti in the flood control channels. Councilmember Buquet felt the Task Force was just a beginning, and it will expand out into community involvement. He stated they will be developing educational components and presentations that can be given to neighborhood groups. Councilmember Gutierrez asked if the Task Force would be developing legislation. Councilmember Buquet stated it was discussed at the last meeting that an ordinance would be developed that would allow the City to recover costs that they are not receiving through the coral system, as well as to enter onto private property, such as business locations, to clean up graffiti faster than the current system allows. Councilmember Gutierrez asked who was drafting the ordinance because he had ideas that other cities have adopted and he did not know who to share them with, and wondered when the draft ordinance would be available. Jack Lam, City Manager, stated how long before the ordinance was ready would depend on the amount of research needed. He stated staff conducts research with other jurisdictions when developing an ordinance, and then the City Attorney's office prepares the ordinance with the proper language. Mayor Stout stated they must be careful in how they prepare an ordinance because municipal law was the most litigated area of the legislative process. He stated they need to be certain it is written with the proper language not only to accomplish the goal of the ordinance, but to keep it from being struck down as unconstitutional. Jack Lam, City Manager, stated if anyone had suggestions about particular ordinances from other cities that should be considered in the research, to advise staff and they would gather that information for review. MOTION: Moved by Stout, seconded by Gutierrez to approve the formation of the Task Force and to bring a list of nominations to the January 6, 1993 meeting. Motion carried unanimously, 5-0. City Council Minutes December 16, 1992 Page 8 12. UPDATE ON THE JACK BENNY MEMORIAL PROJECT AND REOUEST TO ACCEPT STATUE AS A GIFT TO THE CITY UPON ITS COMPLETION. AND PERMISSION TO PLACE STATUE AT SPORTS PARK (Oral Report - Stout) (1401-03 SPORT ACT) (0511-01 PRES/AWARD) Mayor Stout stated there has been a community group involved in raising funds to build a statue in honor of Jack Benny, which is progressing smoothly, and thought the Council should decide if they want to accept the statue upon its completion. He stated his recommendation would be to accept the statue as a gift if offered, with the intention that it would first be installed at the Sports Park, then it could be transferred to the Metrolink Station when it was completed, then on to its final resting place at the Performing Arts Center in Central Park when it is built. Councilmember Buquet asked if the base will be portable. Mayor Stout stated the base is being designed to allow for the movement of the statue, which is why the base costs so much. Councilmember Alexander stated it needed to be emphasized that this entire project has been funded entirely by private donations, that no City funds were used to support the project. MOTION: Moved by Alexander, seconded by Buquet to accept the statue of Jack Benny upon completion and install it initially at the Sports Complex. Motion carried unanimously, 5-0. .I. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Mayor Stout stated he would like a preliminary plan for utilizing the undergrounding utilities funds received from Southern California Edison, which could come back in January. K. COMMUNICATIONS FROM THE PUBLIC K1. Lydia Kremer, Chairperson for the Jack Benny Memorial Statue Committee, stated she was pleased with the Council's action tonight as this project has been in the making for four years and was glad it had been officially accepted by the Council. She showed a picture of the clay model for the statue, and suggested they might want to conduct a dedication ceremony for the traffic signal at Rochester and Jack Benny Drive on February 14, 1993, Jack Benny's birthday. K2. Don Morris, 6608 Vanderbilt, applauded the City 's efforts on graf~ti removal and presented a framework for the new Task Force to consider as they get started, and explained his handout to the Council. City Council Minutes December 16, 1992 Page 9 I,. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn. Motion camed unanimously, 5-0. The meeting adjourned at 8:35 p.m. Respectfully submitted, Deputy City Clerk Approved: January 6, 1993