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HomeMy WebLinkAbout1991/05/01 - Minutes May 1, 1991 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, May 1, 1991, 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 Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Olen Jones, Sr. RDA Analyst; Brad Buller, City. Planner; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Mike Olivier, Sr. Civil Engineer; Joe Schultz, Community Services Director; Ingrid Blair, GIS Supervisor; Jim Hart, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Patty Riffel, Executive Assistant; Chief Dennis Michael and Deputy Chief Lloyd Almand, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Designating May as Mental Health Month. Mayor Stout presented the Proclamation to Mr. Weisman. B2. Presentation of Proclamation Designatin~ the Month of May as Water Awareness Month. Mayor Stout presented the Proclamation to Charlie West and Tom Scholenberger of Cucamonga County Water District. Mr. Scholenberger added he hoped everyone would be careful not to waste water because of the shortage situation. City Council Minutes May 1, 1991 Page 2 B3. Presentation of Proclamation to Vera A. Arthur for Dedicated Service to the Community from 1975 to 1991. Mayor Stout presented the Proclamation to Vera Arthur. Chief Dennis Michael also presented Ms. Arthur with a plaque. Councilmember Alexander also thanked Ms. Arthur for her years of service and that he appreciated her efforts. B4. Mayor Stout announced that on Saturday, April 27, 1991, the City of Rancho Cucamonga attended the annual We Tip Banquet and that the City received the We Tip Model City of the Year award in recognition of public safety. C. COMMUNICATIONS FROM THE PUBLIC Cl. Jackie Bolda, 11849 Mt. Gunnison Court, thanked the Fire and Police Departments for the presentation they gave last Saturday in Alta Loma. , , , , , D. CONSENT CALENDAR Jack Lam, City Manager, stated Item 13, Resolution No. 91-116 should have the words "for 5786 Haven Avenue" deleted, and add the words "for Parcel 1 of Parcel Map 7451." Jack Lam, City Manager, also stated that Item 16 should be removed from the agenda because it was not ready, and that it would come back on a Council agenda at a later date. D1. Approval of Minutes: March 20, 1991 D2. Approval of Warrants, Register Nos. 4/10/91 and 4/17/91; and Payroll ending 4/11/91 for the total amount of $1,548,360.65. D3. Approval of Resolution No. '91-012D to extend Comcast Cablevision's Franchise. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER ~L~XANDER. (1205-01 CATV) RESOLUTION NO. 91-012D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH 'COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCANONGA City Council Minutes May 1, 1991 Page 3 D4. Approval to utilize approximately Sixty Thousand Dollars ($60,000.00) from assessments that have been levied and collected for Community Facilities District No. 88-2 (Etiwanda North Drainage District). These funds will be used for payment to consultants for ongoing services in the formation of said District through to the sale of the bonds. (0401-03 ASS DIST) D5. Approval of Time Extension for designation of a portion of Cottonwood Way as a private street and exempting the abutting properties from requirements set forth in Chapter 12.08 of the Municipal Code subject to certain specific conditions. (1110-10 STREET PI) RESOLUTION NO. 91-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION FOR THE DESIGNATION OF A PORTION OF COTTONWOOD WAY AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN SPECIFIC CONDITIONS D6. Approval to vacatc a portion of an allcy, locatcd eaot of Ramona Avcnuc and ~outh of Fcron Boulcvard. ITEM REMOVED FROM AGENDA (1110-18 VACATE ACC) RE~OLUTION NO. 91 112 A RESOLUTIO}] OF THE CITY OOUNCIL OF THE CITY OF CUCPa{ONCA, CALIFORNIA, SUMMARILY ORDERIMC THE VACATION OF A DORTIO~I OF AN ALLEY D7. Approval to execute Program Supplement No. 4 (CO 91-024) 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 19th Street from Archibald Avenue to west of Haven Avenue consisting of street widening. The Supplement sets the State reimbursable portion of the project at $76,614.00 and the City's portion at $275,267.00. Reimbursable funding from the Supplement Agreement shall be deposited to the Systems Development Account. (0602-01 CONTRACT) RESOLUTION NO. 91-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 4 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION P~RTNERSHIP PROGRAM FOR THE CONSTRUCTION OF 19TH STREET FROM ARCHIBALD AVENUE TO WEST OF HAVEN AVENUE (z) (3) (4) (5) City Council Minutes May l, 1991 Page 4 (6) (7) (8) (9) (lo) D8. Approval to execute ProgramSupplement No. 17 (CO 91-025) to Local Agency - State Agreement No. 08-5420 between the City of Rancho Cucamonga and the State of California for Preliminary Engineering of the Arrow Route Bridge Widening at Cucamonga Creek Project - the Supplement sets the Federal portion of the project at $12,966.00 and the City's portion at $2,034.00 with the provision to increase the City's portion should the need arise. FUnding for the Supplement Agreement shall be from Systems Development funds. (0602-01 CONTRACT) RESOLUTION NO. 91-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 17 TO LOCAL AGENCY - STATE AGREEMENT NO. 08-5420 FOR PRELIMINARY ENGINEERING OF THE ARROW ROUTE BRIDGE WIDENING AT CUCAMONGA CREEK PROJECT D9. Approval to award and execute an Agreement (CO 91-026) with Investment Property Advisors to provide an update appraisal for Assessment District No. 89-1 (O"Donnell, Armstrong and Partners - Milliken south of Arrow), in the amount of Five Thousand Dollars ($5,000.00). Funding will be advanced by the developer. (0511-01 AWARD) (0602-01 CONTRACT) D10. Approval to execute an Agreement (CO 91-027) with Investment Property Advisors to provide an updated appraisal for Community Facilities District No. 88-2 (Etiwanda North Drainage District) in the amount of Thirteen Thousand Dollars ($13,000.00) from Fund No. 76-3901-8520. (0602-01 CONTRACT) Dll. Approval to amend Contract No. 87-209 with NBS/Lowry to perform assessment engineering for Community Facilities District No. 88-2 (Etiwanda North Drainage District) for the additional amount of Twenty-Six Thousand, Eight Hundred Dollars ($26,800.00). Funding will be advanced from Assessment Fund No. 76-3901-8520. (0602-01CONT AMEN) D12. Approval to amend Contract No. 89-049 with David Taussig Associates, Tax Consultants, for Community Facilities District No. 88-2 (Etiwanda North Drainage District) for an additional amount of Seven Thousand Dollars ($7,000.00). Funding will be advanced from Assessment Fund No. 76-3901-8520. (0602-01 CONT AMEN) D13. Approval to execute Improvement Agreement and Improvement Security and ordering the annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel 1 of Parcel Map 7451, located on the west side of Haven Avenue, south of Wilson Avenue, and release of Improvement Agreement and Improvement SeCurity accepted by the City Council on November 17, 1982, both submitted by Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) RESOLUTION NO. 91-115 (0401-03 ST LT MD) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND City Council Minutes May 1, 1991 Page 5 IMPROVEMENT SECURITY FOR PARCEL 1 OF PARCEL MAP 7451 AND RELEASING THE IMPROVEMENT AGREEMENT AND SECURITY PREVIOUSLY ACCEPTED RESOLUTION NO. 91-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL 1 OF PARCEL MAP 7451 ~786 HAVEN AVENUE D14. Approval to execute Improvement Agreement Extension for Parcel Map 9350, located on the northeast corner of Base Line Road and Milliken Avenue, submitted by the William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9350 D15. Approval to accept Improvements, Release of Bonds and Notice of Completion for CUP 88-38, located on the west side of Haven Avenue between Hillside Road and Carrari Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $74,000.00 RESOLUTION NO. 91-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 88-38AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D16. Approval to accept the Rochester Avenue East Side Parkway Beautification Improvement Project, Contract No. 90-050, located between Foothill Boulevard and Base Line Road, as .Complete, Extend the Faithful Performance Bond for one year in lieu of a Maintenance Bond, release the Labor and Material Bond and authorize the City Engineer to file a "Notice of. Completion". (0602-01 BOND REL) RESOLUTION NO. 91-119 (0704-18 NOT COMPLT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ROCHESTER PARKWAY BEAUTIFICATION PROJECT, FROM FOOTHILL BOULEVARD TO BASE LINE ROAD, CONTRACT NO. 90-050, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes May 1, 1991 Page 6 D17. Approval of Preliminary Engineer's Report and Setting a Public Hearing for June 5, 1991 to levy the annual assessments and approve the Preliminary Engineer's Report for Park and Recreation Improvement District (PD-85). (0401-03 PARK AD) RESOLUTION NO. 91-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK ANDRECREATION IMPROVEMENT DISTRICT (PD-85) AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON RESOLUTION NO. 91-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) MOTION: Moved by Alexander, seconded by Buquet to approve the Consent Calendar with the exception of Items D13 and D3, and with the correction as noted on Resolution No. 91-116. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D3. Cablevision's Franchise. Approval of Resolution No. 91-012D to extend Comcast Councilmember Alexander stated he and Councilmember Buquet had met with staff regarding cable TV and were requesting the Council to make the extension for 90 days instead of 30 days. Councilmember Buquet stated he concurred with this. Mayor Stout asked if negotiations were progressing. Councilmember Buquet stated he and Councilmember Alexander would be having some follow-up meetings, but stated they would be coming back to the City Council with an updated status report on Comcast negotiations as well as issues still remaining with other cable companies, and added there might even be a recommendation for pulling a franchise agreement if the matter does not get resolved. RESOLUTION NO. 91-012D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE ~.V. FOR~ 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA City Council Minutes May 1, 1991 Page 7 MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 91-012D by amending the extension to 90 days instead of 30 days. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 40 MPH ON HIGHLAND AVENUE FROM CARNELIAN STREET TO SAPPHIRE STREET (1141-10 SPEED LIM) Debra J. Adams, City Clerk, read the title of Ordinance No. 446. ORDINANCE NO. 446 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Buquet, seconded by Williams to waive full reading and approve Ordinance No. 446. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEANIN~S F1. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION PROGRAMYEAR 1991-92 - The adoption of the Final Statement of Community Development Objectives for program year 1991-92 and the preliminary selection of projects based on a grant of $518,000.00. Staff report presented by Jack Lam, City Manager. (0203-04 CDBG) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Alexander stated he was glad to see the number of handicap accesses provided in the City. RESOLUTION NO. 91-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR PROGRAM YEAR 1991-92 MOTION: Moved .by Wright, seconded by Buquet to approve Resolution No. 91-122. Motion carried unanimously, 5-0. City Council Minutes May 1, 1991 Page 8 No Items Submitted. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. STATUS REPORT ON CABLE AVAILABILITY TO CITY SCHOOLS Staff report presented by Jerry Fulwood, Deputy City Manager. (1205-01 CATV) Mayor Stout stated that as part of the staff report, in the line extension policy it does not mention anything other than a dwelling, and asked why the 200 foot line extension policy applied to schools at all. Jerry Fulwood, Deputy City Manager, stated that based on input from the City's consultant who drafted the franchise agreement, the concept is that any unit or dwelling unit would all fall under this same policy, and added it is a technicality if it is a school or a building, i.e., the Civic Center. Mayor Stout stated he did not agree with how this was written by specifically stating "dwelling unit" and asked for our attorney to look at this. James Markman, City Attorney, stated a dwelling unit is a dwelling unit and he has never heard anyone argue to interpret that the phrase "dwelling unit" to mean school. He stated he felt they should talk to Carl Pilnick about this issue since he wrote the franchise agreement. He also suggested talking to Bob Rizzo about this also. Councilmember Buquet stated as long as he has been part of the Cable Subcommittee it was his understanding that the intention as part of the franchise agreement was that the cable companies would hook up to all of the schools as part of the public education system. Councilmember Wright asked if the cable companies were making an issue about the 200 foot connection. Jerry Fulwood, Deputy City Manager, stated yes they were in certain situations. Jack Lam, City Manager, stated that under the circumstances presented, he felt it would be prudent to continue this item until Mr. Markman and Mr. Pilnick could discuss this matter further. Mayor Stout stated he would like t0 refer this matter to the Cable Subcommittee, Mr. Markman and Mr. Pilnick, and if a summary closure of this matter cannot be worked out, it could be brought back to the Council for further action to make it work. Councilmember Wright stated she felt the schools were not aware of this and have been nonassertive to get cable to begin with. She added she did not think they were geared up to do anything with it once they got it. She stated she did not City Council Minutes May 1, 1991 Page 9 feel the entire blame should be put on the cable companies because she felt they were waiting for the schools to approach them for cable service, and the schools have not done this. Councilmember Buquet stated he felt this boils down to a good faith effort in serving all the unserved areas of the City and did not feel this was occurring. He stated he felt the City would need to start-pushing the requirements of the franchise agreement. ACTION: Cable Subcommittee, Mr. Markman and Mr. Pilnick to investigate the 200 foot line extension issue and come back to Council if necessary. I. COUNCIL BUSINESS No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. , , , , ยท , K. COMMUNICATIONS FROM THE PUBLIC K1. Bob Coleman, Comcast Cable, stated he would like to go back and give input regarding item H1, and stated he did not think a school was considered a dwelling unit. He stated the cable companies are not trying to "rip-off" the community and that they are willing to work with the schools. He stated they are willing to hook up the schools. K2. Hal Berman, Simmons Cable, stated he wanted to note a correction to the staff report for item H1. He stated Alta Loma Jr. High School would be connected to cable within two weeks. He added that Caryn Elementary School is not in his area nor was it in DCA's area. He stated he voluntarily agreed to put the cable into that school. He mentioned there were three schools in the Etiwanda School District that he would go ahead and serve at the request of DCA and the City. He mentioned the Stork School has been served for five years and now has an amplifier that has gone out. He stated he did not know of any school in his area that was not being served. K3. Clayton Graham, DCA Cable, stated he has met with City staff and felt the 200 foot line extension issue should be further investigated by staff, Mr. Markman and Mr. Pilnick. He stated he had met with a school principal last week, and that because of the cost involved, the principal stated he did not want cable service. He stated if a school requests service, he would try to get it in as quickly as possible. City Council Minutes May 1, 1991 Page 10 Mayor Stout asked Mr. Graham to contact the City with the details.of the school that did not want cable service. Councilmember Wright asked for the Mayor to send a letter on behalf of the City Council to all of the schools to explain the benefits of cable service. Mayor Stout asked Jerry Fulwood, Deputy City Manager, to write the letter for his signature. L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Buquet tO adjourn to Executive Session to discuss personnel matters. Motion carried unanimously, 5-0. The meeting adjourned at 7:53 p.m., not to reconvene after Executive Session. Respectfully submitted, City Clerk Approved: June 5, 1991