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HomeMy WebLinkAbout1990/12/19 - Minutes December 19, 1990 CITY OF RANCHO CUCAHONGA CITY COUNCIL MINUTES Regular Meeting A. CitT.T. T() ORDER A regular meeting of the Rancho Cucamonga City Council met on Wednesday, December 19, 1990, in the Council Chan~oers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:06 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; Ralph Hanson, Assistant City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Paul Rougeau, Traffic Engineer; Robert Zetterberg, Public Works Maintenance Manager; Jim Hart, Administrative Services Director; Joe Schultz, Community Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner and Lt. Mike Ingram, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. , · , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. NO announcements or presentations were made. · · · , , C, COMMUNICATIONS FROM THE PUBLIC Cl. Jackie Bolda, 11849 Mt. Gunnison Court, requested the City Council grant Commission applicants one week's notice prior to an interview and suggested that the applicant be able to attach a one page summary about themself which would go along with the application. It was also her opinion that the entire City Council should conduct the interviews for Commissioners. She also expressed her disapproval of Councilmember Willlame using the grape logo on her campaign literature as she felt it was identical to what the City of Rancho Cucamonga is using. It was her opinion that Councilmember Williams should apologize for her actions. City Council Minutes- December 19, 1990 Page 2 (i) (2) (4) D. CONSENT CALENDAR D1. Approval of Minutes: November 21, 1990 December 3, 1990 THE DECEMBER 3, 1990 MINUTES WERE PULLED FOR DISCUSSION BY MAYOR STOUT. D2. Approval of Warrants, Register Nos. 12/05/90 and 12/12/90; and Payroll ending 12/06/90 for the total amount of $1,437,421.83. D3. Approval to receive and file current Investment Schedule as of November 30, 1990. D4. Approval of Janitorial Contract (CO 90-154) for City Facilities. (0602-01 CONTRACT) D5. Approval to surplus vehicles. (0604-02 SURPL PROP) D6. Approval to execute Local Agency - State Master Agreement No. STLPP-5420 (CO 90-155) between the City of Rancho Cucamonga and the State of California, for Application of State Share Funds for eligible projects for the State-Local Transportation Partnership Programas defined by The State of California. (0602- 01 CONTRACT) RESOLUTION NO. 90-469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE APPROVAL AND EXECUTION OF THE LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE APPLICATION OF STATE SHARE FUNDS FOR ELIGIBLE PROJECTS FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AS DEFINED BY THE STATE OF CALIFORNIA D7. Approval to execute Program Supplement No. i to Local Agency - State Master Agreement No. STLPP-5420 (CO 90-156) for the State-Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of California for the construction of Arrow Route - Archibald Avenue to Hermosa Avenue consisting of Street Widening, Traffic Signal and Street Lighting. The supplement sets the State reimbursable portion of the project at $103,638.00 and the City's portion at $403,902.00. Reimbursable funding from the Supplement Agreement shall be deposited to Systems Development Account. (0602-01 CONTRACT) City Council Minutes December 19, 1990 Page 3 RESOLUTION NO. 90-470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 1 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE COMPLETED CONSTRUCTION OF ARROW ROUTE, ARCHIBALD AVENUE TO HERMOSA AVENUE DS. Approval to execute Program Supplement No. 2 to Local Agency - State Master Agreement No. STLPP-5420 (CO 90-157) for the State-Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of California for the widening of Arrow Route east of Hermosa Avenue to Haven Avenue. The supplement sets the State reimbursable portion of the project at $36,796.00 and the City's portion at $213,766.00 with the provision to increase the City's portion should the need arise. Reimbursable funding from the Supplement Agreement shall be deposited to the Systems Development Account. (0602-01 CONTRACT) RESOLUTION NO. 90-471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF THE PROGRAM SUPPLEMENT NO. 2 TO LOCALAGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE WIDENING OF ARROW ROUTE, EAST OF HERMOSA AVENUE TO HAVEN AVENUE Dg. Approval to execute Cooperative Agreement (CO 90-158) with the City of Ontario for the maintenance of storm drain improvements, related to the Day Creek Channel Project, on Fourth Street from Interstate Route 15 to a point approximately 500 feet east of Santa Anita Avenue. This agreement sets forth the rights and responsibilities pertaining to the maintenance of these facilities with no exchange of funds being necessary. (0602-01 CONTRACT) D10. Approval to execute Supplement dated November 15, 1990, to the Cost and Maintenance Agreement (CO 90-053) between the City of Rancho Cucamonga and the Atchison, Topeka and Santa Fe Railway Company for the proposed Milliken Avenue Grade Separation at the A.T. & S.F. Railway Crossing designated PUC No. 2-95.6B north of Sixth Street. (0602-01 CONTRACT) Dll. Approval to execute a Subordination Agreement for Lot 19 of Tract 7176, located at 8406 Orchard Street, submitted by Glen C. and Gilljan P. McMillin. (0602-01 AGEE SUB) RESOLUTION NO. 90-472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM GLEN C. AND GILLIAN P. MC MILLIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME (s) (6) (7) (8) City Council Minutes. December 19, 1990 Page 4 (9) D12. Approval of Map, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 12338, located at the northwest corner of 6th Street and Buffalo Avenue, submitted by Kensley-Buffalo Six, Ltd. (1002-09MAP) (0401-03 LNSCAPEMD) (0401- 03 ST LT MD) RESOLUTION NO. 90-473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 12338 RESOLUTION NO. 90-474 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. I AND 6 FOR PARCEL MAP 12338 D13. Approval to execute Improvement Agreement Extension for Tract 12462 located on the south side of Summit Avenue between Etiwanda Avenue and East Avenue, submitted by First Family Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12462 D14. Approval to execute Improvement Agreement Extension for Tract 13063, located on the east side of East Avenue between Highland Avenue and Victoria Street, submitted by Citation Builders. (0602-01 AGREE EXTN) RESOLUTION NO. 90-476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13063 D15. Approval to execute Improvement Agreement Extension for Tract 13304, located on the northwest corner of Terra Vista Parkway and Mountain View Drive, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13304 City Council Minutes December 19, 1990 Page 5 D16. Approval to execute Improvement Agreement Extension for Tract 13566-1, located on the south side of Summit Avenue between Wardman Bullock Road and Cherry Avenue, submitted by Rockfield Development. (0602-01 AGREE EXTN) RESOLUTION NO. 90-478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13566-1 D17. Approval to execute Improvement Agreement Extension for Tract 13662, located on the southeast corner of Haven Avenue and Base Line Road, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13662 D18. Approval to execute Improvement Agreement Extension for DR 88-32 Phase 2, located on the south side of Hyssop Drive north of 4th Street, submitted by Hyssop Properties. (0602-01 AGREE EXTN) RESOLUTION NO. 90-480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 88-32 PHASE 2 D19. Approval to execute Improvement Agreement Extension for Parcel Map 11341, located on the northeast corner of church Street and Milliken Avenue, submitted by Lewis Development Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-481 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11341 D20. Approval to execute Improvement Agreement Extension for Parcel Map 11685, located on Devon Street at Kinlock Avenue, submitted by James O'Brien. (0602-01 AGREE EXTN) RESOLUTION NO. 90-482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL HAP 11685 (14) (u) (18) City Council Minutes. December 19, 1990 Page 6 (19) (20) D21. Approval to execute Improvement Agreement Extension for 6737 East Avenue, located on East Avenue between Base Line Road and Victoria Street, submitted by Gerald Hesslet. (0602-01 AGREE EXTN) RESOLUTION NO. 90-483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 6737 EAST AVENUE D22. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 9441 and Tract 11609 located on the south side of Wilson Avenue between Hermosa Avenue and Villa Drive. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Phase 1 Faithful Performance Bond Labor and Material Bond $141,700.00 $ 70,850.00 Phase 2 Faithful Performance Bond Labor and Material Bond $148,200.00 $ 74,100.00 Phase 3 Faithful Performance Bond Labor and Material Bond $252,400.00 $126,200.00 Phase 4 Faithful Performance Bond Labor and Material Bond $ 90,200.00 $ 45,100.00 RESOLUTION NO. 90-484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 9441 AND 11609 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE D23. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 11428, located on the east side of Center Avenue at Ashford Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 81,860.00 Accept: Maintenance Guarantee Bond (Street) $ 8,186.00 RESOLUTION NO. 90-485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11428 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes December 19, 1990 Page 7 D24. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13442, located on the northeast corner of Victoria Park Lane and Kenyon Way. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release= Faithful Performance Bond (Street) $612,000.00 Accept= Maintenance Guarantee Bond (Street) $ 61,200.00 RESOLUTION NO. 90-486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13442 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to accept Improvements, Release of Bonds and Notice of Completion for CUP 87-26, located on the northeast corner of Foothill Boulevard and Vineyard Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $951,000.00 Faithful Performance Bond $793,000.00 (Storm Drain) RESOLUTION NO. 90-487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 87-26AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D26. Approval to accept Improvements, Release of Bonds and Notice of Completion for DR 85-32, located on the north side of Civic Center Drive east of Utica Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release= Faithful Performance Bond (Street) $ 8,500.00 RESOLUTION NO. 90-488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 85-32 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D27. Approval to release Maintenance Bond for Tract 13742, located on the southwest corner of Arrow Highway and Sierra Madre Avenue. (0602-01 BOND REL) (22) (23) (24) (2s) Release: Maintenance Guarantee Bond $ 7,600.00 City Council Minutes. December 19, 1990 Page 8 (26) (27) (28) (29) D28. Approval to accept the Area V Hillside Road Storm Drain, from Archibald Avenue to the Alta Loma Channel, Contract 90-002, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-489 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE AREA V HILLSIDE ROAD STORM DRAIN, FROM ARCHIBALD AVENUE TO THE ALTA LOMACHANNEL, CONTRACT NO. 90-002, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D29. Approval to accept the 19th Street Improvements, from Carnelian Street to the west City limits, Contract 90-046, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602- 01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 19TH STREET IMPROVEMENTS, FROM CARNELIAN STREET TO THE WEST CITY LIMITS, CONTRACT NO. 90-046, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D30. Approval to accept the Arrow Route Street Improvements, from Center Avenue to Haven Avenue, Contract 90-063, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ARROW ROUTE STREET IMPROVEMENTS, FROM CENTER AVENUE TO HAVEN AVENUE, CONTRACT NO. 90-063, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE D31. Approval to accept the Cucamonga Elementary School Field Improvements Project, Contract No. 90-095, and authorizing the filing of a "Notice of Completion". (0704-18 NOT COMPLT) RESOLUTION NO. 90-492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE CUCAMONGA ELEMENTARY SCHOOL FIELD IMPROVEMENTS PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes December 19, 1990 Page 9 MOTION= Moved by Willjams, seconded by Wright to approve the Consent Calendar less the December 3, 1990 minutes. Motion carried unanimously, 5-0. ****** DISCUSSION OF ITEM D1. DECEMBER 3, 1990 MINUTES Mayor Stout stated it was his understanding that the following Subcommittees were approved at the December 3 meeting, and the minutes should be corrected to reflect that= 1) Stout and Alexander were both designated as delegates of the City Entry Monument Subcommittee, 2) Buquet and Willjams were both designated as delegates of the Finance Subcommittee, 3) Stout and Wright were both designated as delegates of the Park and Recreation Facilities Subcommittee, and 4) Stout and Buquet were both delegates of the Regional Mall Subcommittee. MOTION: Moved by Stout, seconded by Alexander to correct the minutes of December 3, 1990 as stated above. Motion carried unanimously, 5-0. , , · , , , E. CONSENT ORDINANCES No Items Submitted. , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF AN APPEAL OF CONDITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - An appeal of the Planning Commission's decision to extend the hours of operation for an existing bar and restaurant located at the northwest corner of Carnelian and 19th Street in the Neighborhood Commercial District - APN= 201-811-56, 58, 59, 60. (Continued from December 5, 1990) (0802-02 CUP) (0701-01 APPEAL) Mayor Stout stated this item had been continued from December 5, 1990 at the request' of the appellant and re-opened the meeting for public hearing. Addressing the City Council was: John Mannerino, 9333 Base Line, Suite 110, Rancho Cucamonga, stated that he had researched to see if there were any aerial photos in the possession of the City for this area and stated there were not, but that he had taken the liberty to have a survey done of the areas of the commercial centers in the vicinity of 19th and Carnelian, 19th and Archibald, Carnelian and Base Line, and Base Line and Archibald representing commercial activity north of Foothill and west of Haven, and reported the information he had obtained about these centers. He stated he did not ~hink Sam's Place was in the middle of a residential area, that it was in a commercial area. He added that since the Pellegrino's had taken over this business in March, there have not been complaints filed against this establishment. There being no further response, the public hearing was closed. (30) City Council Minutes. December 19, 1990 Page 10 Councilmember Williams stated she was present the first time this matter came before the City Council and had heard all the comments made. She commented she had spoke with the residents on Topaz Street and that they were in favor of this establishment. She added she felt Sam's Place deserved a six month trial period with extended hours, though she did not feel it was an appropriate use for the neighborhood/commercial area, but stated that was not the question. MOTION: Moved by Stout, seconded by Wright to grant the appeal, denying the extension of hours. Councilmember Alexander asked for Mayor Stout to give details of what had occurred with this business while he was on the Planning Commission. Mayor Stout proceeded informing the Council with this information and added he has not changed his mind about this issue. Councilmember Wright stated the business could be sold to someone else, and it might not be the good place that Sam's Place is. Mayor Stout stated he did not feel this kind of establishment should be located in this type of center for this particular area.. John Mannerino asked if he could address the Council again, stating that previously it was the previous owner of the business that created the problem and that they did not care enough to control the crowd, that their only concern was to generate revenue. Councilmember Buquet stated he felt it would be fair to grant Mr. Pellegrino the opportunity for the six month trial basis as long as the owner met the conditions of the Planning Commission and conducted this extension in good faith. Mayor Stout stated that Mr. Pellegrino knew when he bought the business what the hours were and that he is requesting that the restriction be lifted. Motion carried, 3-2 (Willjams, Buquet no) which would grant the appeal. Ralph Hanson, Assistant City Attorney, stated a Resolution would come back at the next meeting in order for the Council to make this action official. , , , , , F2. CONSIDERATION OF TIMES MIRROR'S APPLICATION FOR A CABLE TELEVISION FRANCHISE (Continued from December 5, 1990) (1205-01 CATV) Jack Lam, City Manager, stated staff is requesting an Executive Session. City Council Minutes December 19, 1990 Page 11 Ralph Hanson, Assistant City Attorney, stated that the Council will recess pursuant to California Government Code Section 54956.9(b)1 concerning a matter whether this is significant exposure to potential litigation. He stated this would be memorialized in a confidential memorandum to be given to the City Clerk, and would become public after the exposure to litigation has passed. ****** The Council recessed to Executive Session at 7:37 p.m. and reconvened at 8:07 p.m. Jack Lain, City Manager, introduced Carl Pilnick, the City's cable consultant. Carl Pilnick presented an introduction to Times Mirror's application for a cable television franchise. Mayor Stout stated he was in receipt of correspondence from one or more attorneys who are questioning the legality of what the City is doing, who were stating they are not prepared tonight and were requesting that this item be continued, and were making allegations regarding the noticing process. He asked for Ralph Hanson, Assistant City Attorney, to comment on this. Ralph Hanson, Assistant City Attorney, stated that what was before the City Council were several letters from both existing cable companies and stated the substance of their argument as to the procedures for lack of notice to schedule the hearings and also that this denied these companies the opportunity to prepare information to present to the Council and that they have requested the City not take action. He stated the City has schedule two public hearings and there has been public notice, but it would be his recommendation to further investigate this and give the opponents every opportunity they desire to address the City Council. It was his suggestion that this public hearing be continued to some time in December, because as Mr. Pilnick stated there are benefits to taking action on this in 1990. He stated he felt the Council should provide extra notice in the newspaper so that no one is taken by surprise by this matter. Councilmember Buquet stated he agrees with what was said by Mr. Pilnick and legal counsel, and with all fairness to the issue, he recommended that the meeting be continued to December 27 at 6:00 p.m. if the Council concurred. Mayor Stout stated he agreed with what has been said and felt it was appropriate to grant the other cable companies sufficient time to prepare their presentations so as not to infringe upon their rights or abilities to discuss this matter, but he stated he felt it should be done prior to January 1, 1991. RESOLUTION NO. 90-493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING A CABLE TELEVISION FRANCHISE TO TIMES MIRROR CABLE TELEVISION OF RIVERSIDE COUNTY, INCORPORATED, DBA DIMENSION CABLE SERVICES City Council Minutes. December 19, 1990 Page 12 (33) MOTION: Moved by Buquet, seconded by Alexander to continue this item to December 27, 1990, 6:00 p.m. in the Council Chambers. Motion carried unanimously, 5-0. , t , , , G. PUBLIC HEARINGS No Items Submitted. , , , , , H. CITY MANAGER'S S~AFF REPORTS HI. CONSIDERATION TO AMEND REFUSE ORDINANCE BY ADDING PROVISION REQUIRING PAYMENT FOR REFUSE COLLECTION SERVICES (1170-04 REFUSE) MOTION: Moved by Wright, seconded by Alexander to set the public hearing for this item for January 16, 1991. Motion carried unanimously, 5-0. , , , , , H2. DISCUSSION OF PROPOSED ACTION PLAN FOR DAY LABORER ISSUE Staff report presented by Jerrx Fulwood, Deputy City Manager. (0704-07 VANDALISM) (0701-01 COMMITTEE) Councilmember Wright asked if the Task Force would work on Phases I and II. Jerry Fulwood, Deputy City Manager, stated they would work on both phases and then present the concept to the Public Safety Commission. Councilmember Wright read into the record "the City of Rancho Cucamonga is desirous of reducing community tensions and working with all residents toward the implementation of fair, humane solutions for all involved, the workers, the residents, the business community, the general public, and all other concerned parties; There are no simple solutions, it is recognized that this is a major social issue, immigration issue, and enforcement issue." She stated she is proud that this is the approach the City is taking and not just dealing with the law enforcement side of it. Mayor Stout opened the meeting for public comment. Addressing the City Council was: Dee Murray, 8651 Foothill, next to the Labor Camp, stated there was recently another fire in this vicinity. She stated there have been four robberies just recently, and that the transients come into her yard. She stated that she and Captain Gilmore had suggested the owners be made to level the property except for the trees. She suggested that Rancho Cucamonga investigate the same type of plan that Ontario has for this type of problem. She also suggested there be a patrol car in the early morning hours in this area to help with the problem. City Council Minutes December 19, 1990 Page 13 Mayor Stout asked her if she would like to be part of the Task Force. Ms. Murray stated yes. There being no further public comments, Mayor Stout closed the public comment section. Councilmember Alexander stated he agreed with both phases of the plan as submitted. MOTION: Moved by Stout, seconded by Wright to approve Phase I and II. Motion carried unanimously, 5-0. Councilmembers Wright and Alexander stated they would like to serve on the Task Force for this, with the Council Concurring. · , , · · , H3. UPDATE REPORT ON THE SAN BERNARDINO COUNTY PARK AND OPEN SPACE DISTRICT PARTICIPATION PROCEDURE Staff report presented by Joe Schultz, Community Services Director, who proceeded to introduce Steve Messerli to introduce the program. (1404-06 PK DEVEL) Steve Messerli made a presentation on the San Bernardino County Park and Open Space District Participation Program. Councilmember Willjams asked if the District does pass county-wide, but not pass within our own City, is the City bound to an agreement to stay within that District and assess the residents in Rancho Cucamonga who have stated they do not want additional taxes. Mr. Messerli stated the way the District is set up is as a special benefit Assessment District thereby requiring a 50% majority vote of the District. He stated if you had a situation where one City was under that 50% they would be included in the District. He added the proviso for getting out of the District would be to initiate de-annexation procedures through LAFCO. He stated to annex into the District would also be through LAFCO. He stated that due to various problems going on in the world and other significant problems the Country is facing, the percentage appears to have dropped for those people interested in participating in this program. He added it was his opinion that if Rancho Cucamonga did not participate, the whole District would probably not go through. Councilmember Williams asked what the monetary benefit would be to Rancho Cucamonga. Joe Schultz, Community Services Director, stated there are'33,750 parcels times $35.00 which would total $590,000.00 to $620,000.00 per year to Rancho Cucamonga. Councilmember Wright asked how the assessment collected would be distributed. (34) City Council Minutes. December 19, 1990 Page 14 Mr. Messerli stated that 50% of the money collected would go to the City. Me added the two projects the District would be funding that would directly benefit Rancho Cucamonga would be Cucamonga-Guasti and the Deer Creek Natural Area (Chaffey Regional Park). He stated there would be a Memorandum of Understanding which would outline the responsibilities of the District and the City. Joe Schultz, Community Services Director, stated the intent tonight was for the City Council to express their concerns. He stated that on December 20, 1990 it would be going to the Park and Recreation Commission to make a recommendation for the City Council, and that a Resolution would be coming back to the City Council in January for their action. Councilmember Buquet stated he felt there should be a subsequent workshop after this information was presented tonight. Jack Lam, City Manager, stated they are not asking the City Council for action, only to get the Council's input and to answer any questions. He stated the Park and Recreation Commission would be considering this on December 20 and then a full package would come back to the Council in January. Joe Schultz, Community Services Director, suggested this come back to the Council at the January 2, 1991 meeting, and then if there are any additional questions it could again come back to the Council at their January 16, 1991 meeting in order to meet the Board of Supervisors' time tables. Councilmember Willjams asked if the public would be notified of this in order for them to express their feelings on this matter. Joe Schultz, Community Services Director, stated the public hearing would actually be conducted by the Board of Supervisors. Mayor Stout stated he would like for Rancho Cucamonga to have a public hearing of their own. Councilmember Wright stated she would like to have answers to questions as to what would be the ramifications if the citizens are taxed $36.00 per year for regional parks, for which the City would be getting 100% with no pass through for handling, as opposed to getting 50% if this were handled through the County with no control over the kinds of projects to be done in the City. She felt this would be more proactive and responsible on the Council's part. She stated she would also like the Park and Recreation Commission to consider this option. She asked that this information be brought back at the next discussion. Councilmember Buquet suggested there be a Joint meeting with the Park and Recreation Commission on this matter with public notice to the residents. Jack Lam, City Manager, suggested this joint meeting be scheduled between January 2 and 16 with the Park and Recreation Commission. ACTION: Council concurred to meet Jointly with the Park and Recreation Commission. City Council Minutes December 19, 1990 Page 15 · , , , , H4. CONSIDERATION OF AGREEMENT (CO 90-159) BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE WILLIAM LYON COMPANY PERTAINING TO PARK DEVELOPMENT FEES WITHIN THE VICTORIA PLANNED COMMUNITY Staff report presented by Joe Schultz, Community Services Director. (0602-01 CONTRACT) (1404-05 PARK) Jack Lam, City Manager, stated this agreement is designed for the William Lyon Company and Merchant Builders to work out the exchange of the money. Mayor Stout asked Ralph Hanson, Assistant City Attorney, if he agreed with this process. Ralph Hanson, Assistant City Attorney, stated yes. Mayor Stout opened the meeting for public comments. Addressing the City Council was: Jackie Bolda, 11849 Mr. Gunnison Court, questioned why this type of monetary agreement was done with a hand shake and wondered what had happened to the interest on this money. Jack Lam, City Manager, further explained this agreement, and stated this type of agreement would not be used in the future. There being no further response, the public comments were closed. MOTION: Moved by Alexander, seconded by Williams to approve the agreement with the William Lyon Company. Motion carried unanimously, 5-0. , , · , , l. COUNCIL BUSINESS I1. CONSIDERATION OF RECOMMENDED COMMISSION APPOINTMENTS FOR THE PLANNING COMMISSION, ENVIRONMENTAL MANAGEMENT COMMISSION, PUBLIC SAFETY COMMISSION, AND PARK AND RECREATION COMMISSION (Oral Report) Mayor Stout stated the interviews have not taken place for the Planning Commission. Councilmember Buquet added the Subcommittee has not been able to get these scheduled and suggested this come back to the City Council for approval at their January 16, 1991 meeting. Councilmember Wright concurred. Councilmember Buquet suggested applications continue to be accepted through the month of December. (35) The following appointments were made: City Council Minutes. December 19, 1990 Page 16 (36) (37) (38) Environmental ManaQement Commission (0701-01APOINT EMC) Diane O'Neal stated Deborah Nichols was the Subcommittee's choice for appointment to the Environmental Management Commission. Mayor Stout stated Ms. Nichols made the eleventh person for this Commission, but suggested the membership number for this Commission be reviewed this summer. Councilmember Wright concurred this should be done in six months. Diane o'Neal clarified that Commissioners Barras, Campbell, Geye and Ross would be reappointed. MOTION: Moved by Stout, seconded by Alexander to appoint Deborah Nichols, and reappoint Commissioners Barras, Campbell, Geye and Ross. Motion carried unanimously, 5-0. MOTION: Moved by Stout, seconded by Wright to review the membership of the Commission in June with a recommendation coming back to the City Council in July for the entire Council's review. Motion carried unanimously, 5-0. Public Safety Commission (0701-01 APOINT PSC) Mayor Stout stated with the resignation of Clyde Boyd, the Subcommittee is suggesting that Commissioners West, Yankovich and Quintana be reappointed, and that Wayne Ketaily be appointed to the Public Safety Commission. MOTION: Moved by Alexander, seconded by Williams to reappoint Commissioners West, Yankovich and Quintana, and appoint Wayne Ketaily. Motion carried unanimously, 5-0. Park and Recreation Commission (0701-01 APOINT PRC) Councilmember Buquet suggested Bruce Ann Hahn be appointed to fill the vacancy on the Commission, that Mark Whitehead be reappointed, and Ann Punter be appointed to the Park and Recreation Commission. MOTION: Moved by Stout, seconded by Alexande~ that Bruce Ann Hahn be appointed to fill the vacancy on the Commission, that Mark Whitehead be reappointed, and Ann Punter be appointed to the Park and Recreation Commission. Motion carried unanimously, 5-0. Mayor Stout commended the people that applied for these positions and appreciated their dedication. Councilmember Buquet hoped that these people could serve on task forces that might come up in the future and wanted staff to be sure and contact them when an opening comes up for something. Mayor Stout added these individuals could be utilized through the City's Volunteer Program that is in the process of being organized. City Council Minutes December 19, 1990 Page 17 Councilmember Wright stated when she asked for information on utilizing these people she did not state when it should come back to the City Council and stated she would like a memorandum to be prepared for the next meeting. Jack Lam, City Manager, stated this would be done. , , , , , I2. REPORT ON CHOICES YOUTH SERVICES PROGRAM Staff report presented by Capt. Bruce Zeiner. (1180-06 CLUB) Councilmember Wright also commented on the success of the program and suggested the refuse haulers also get involved with this. She also suggested the people involved with this program be honored with a proclamation at the next Council meeting. ACTION: Report received and filed. , , , , , I3. FOLLOW-UP REPORT ON SYCAMORE MOBILE HOME PARK (Oral Report) Staff report presented by Diane O'Neal, Management Analyst II, who stated that at the last meeting a resident of Sycamore Villa Mobile Home Park raised concerns regarding their lease agreement and the Mobile Home Accord, and that since that meeting the Council Subcommittee met and gave staff direction to correspond with the owners of that park and contact the residents that were offered the lease without possibly knowing that the Accord existed. She stated the correspondence was sent and the agent for the owners was contacted also. She added they would be following up on this prior to January 2, 1991. She stated staff will be working with the City Attorney's Office on the provisions of the Accord to see what else can be done to make sure that the managers of the mobile home parks are making the new residents aware that there is the Accord and that they don't have to sign a separate lease agreement with the owners to move into the park. (0704-01 MOBILEHOME) Councilmember Wright stated that she has read the lease/rental agreement. She stated in six months the Council will be reviewing the Accord and that the reason the Accord was originally drafted was because of possible unfair treatment by the owners towards the residents, even though the owners stated they wanted to prove good faith. She stated this lease/rental agreement does not prove good faith. Councilmember Buquet stated he would like for the City to look for and investigate a remedy on behalf of those residents that have had their rights violated. Ralph Hanson, Assistant City Attorney, stated once the report is completed they will come back to the Council and ask if they want to take any action. Councilmember Buquet felt the owners should be made aware that they are supposed to comply with the Accord. (39) (40) City Council Minutes December 19, 1990 Page 18 Councilmember Alexander stated he does not feel the owners have operated in good faith. Mayor Stout stated not all park owners are bad and should not be lumped into one category. MOTION: Moved by Wright, seconded by Alexander to bring back a report at the first meeting in February to work out the problems. Motion carried unanimously, 5-0. , , , , , J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Wright stated she would like for the Subcommittees for the Commissions to work on the evaluation process and interview process for Commissioners. Councilmember Buquet stated an applicant is not limited to only returning the application, that they may submit more information if they choose to. Mayor Stout stated he likes the idea of a narrative being attached to an app 1 ic at ion. The Council concurred this would come back at the January 2, 1991 meeting. , , , , , K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. , , , , , L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn to Executive Session to discuss pending litigation with Marti Enterprises, which would adjourn to December 27, 6:00 p.m. for a special meeting to discuss Times Mirror's cable franchise. Motion carried unanimously, 5-0. The meeting adjourned at 10.'02 p.m. Re.s~Dectfully submitted, a J. A CMC City Clerk Approved= January 16, 1991