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HomeMy WebLinkAbout1990/12/05 - Minutes December 5, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A, CALL TO ORDER A regular meeting of the RanchoCucamonga City Council met on Wednesday, December 5, 1990 in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 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; Rick Gomez, Community Development Director; Paul Rougeau, Traffic Engineer; Robert Zetterberg, Public Works Maintenance Manager; Mike Olivier, Sr. Civil Engineer; Joe Stofa, Associate Engineer; Jerry Grant, Building Official; Jim Thomas, Building Inspection Supervisor; Jim Hart, Administrative Services Director; Jim Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. · , , · · B, ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of California State Fire Fighters Association Award of Merit to Sheriff Deputies Dave Martin and Carol Earhart. Dan Coffman of the California State Fire Fighters Association presented the Award of Merit to Sheriff Deputies Dave Martin and Carol Earhart. Mayor Stout also commended these two individuals. , · · · B2. Presentation by Larry Hogan, CVS/Pharmacy, to Fire District and Building Safety Personnel. Larry Hogan of CVS Pharmacy/Mark Stevens made a presentation to Fire District and Building and Safety personnel for their assistance with a fire involving his building. City Council Minutes. December 5, 1990 Page 2 Mayor Stout also commended the Fire District and Building and Safety for their efforts. , , , , B3. Presentation to the City Council of a contribution to the D.A.R.E. Program from E1 Rancho Grande Weddings. Mayor Stout and Capt. Bruce Zeiner announced a contribution of $500.00 from E1 Rancho Grande Weddings was being made to go towards the D.A.R.E. program. C. COMMUNICATIONS FROM TH~ PUBLIC Cl. Mike Benner, Vice President of the Residents' Committee of Sycamore Villa Mobile Home Park, stated he had been present at the City Council meeting of August 15, 1990 to inform the Council of, and ask for their help with, the problems his mobile home park was experiencing which involved the owners of the Sycamore Villa Mobile Home Park. He presented a summary of the discussions and meetings that have taken place since August 15, and stated that he has not had his problems resolved. He had presented a copy of the Lease/Rental Agreement, which was to be distributed to the Mobile Home Subcommittee, and stated it was not in accordance with the Mobile Home Accord as it related to rent increases. Councilmember Wright asked for Diane O'Neal, Management Analyst II, to supply Mr. Benner with copies of the correspondence that has gone out regarding this matter. Mayor Stout asked for a report to come back to the City Council on this matter, and for the Mobile Home Subcommittee to meet with Mr. Benner before their report came back. Councilmember Buquet suggested the whole issue needed to be reviewed before coming back to the City Council. C2. Don Burns, Executive Vice President of Chaffey College, commended Jerry Fulwood, Deputy City Manager, and Diane O'Neal, Management Analyst II, for working with them on the cable issue and for keeping them informed of what was going on with this. , , , , , , D. CONSENT CALENDAR D1. Approval of Minutes: November 7, 1990 (Brown absent) City Council Minutes December 5, 1990 Page 3 D2. Approval of Warrants, Register Nos. 11/21/90 and 11/28/90; and Payroll ending 11/22/90 for the total amount of $2,368,650.56. D3. Alcoholic Beverage Application for "20" Off-Sale Beer & Wine for Jon Hubbard's Irvine Farmer'$ Market, RJA Development Company, 7945 Vineyard Avenue, Suite D-1. D4. Approval to open escrow with Judy Lynn Malloy, Administrator for the estate of Evelyn Lorraine Malloy, for the purchase of land at 8783 Arrow Route, being for the street right-of-way for the Arrow Route Widening Project from Baker Avenue to Vineyard Avenue for $5,600.00 plus escrow costs of $1,000.00 to be paid from Systems Fees Account No. 22-4637-8738 and authorize the Director of Community Development to execute all necessary documents. (1002-03 ESCROW) DS. Approval to accept Offer of Dedication for Street, Highway and Related purposes for Boston Place (6 feet wide), located west of Rochester Avenue and south of Jersey Boulevard from Lincoln Property Company, Incorporated. (1002-02 DEDICATION) RESOLUTION NO. 90-457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A 6-FOOT OFFER OF DEDICATION FOR STREET, HIGHWAY AND RELATED PURPOSES FOR BOSTON PLACE D6. Approval to execute Program Supplement No. 15 (CO 90-152) to Local Agency - State Agreement No. 08-5420 between the City of Rancho Cucamonga and the State of California for the preparation of design plans, contract specifications and engineer's estimate for Haven Avenue Rehabilitation and Widening from 4th Street to Foothill Boulevard. The supplement sets the Federal portion of the project at $150,272.00 and the City's portion at $24,728.00 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. 90-458 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROgRAM SUPPLEMENT NO. 15 TO LOCALAGENCY - STATE AGREEMENT NO. 08-5420 FOR THE PREPARATION OF DESIGN PLANS, CONTRACT SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR HAVEN AVENUE REHABILITATION AND WIDENING FROM 4TH STREET TO FOOTHILL BOULEVARD D7. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. i and Street Lighting Maintenance District Nos. i and 2 for Parcel Map 11472, located on the south side of 19th Street, east of Hermosa Avenue, submitted by JCR Development and Investment. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401- 03 ST LT MD) (i) (3) City Council Minutes. December 5, 1990 Page 4 (4) (5) (6) (7) (8) (9) RESOLUTION NO. 90-459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11472, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 90-460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 11472 D8. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. i and 4 for Tracts 13303, 13303-1 and 13303- 2, located on the southwest corner of Terra Vista Parkway and Mountain View Drive, submitted by Lewis Development Company. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) RESOLUTION NO. 90-461 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NOS. 13303, 13303- 1 AND 13303-2 RESOLUTION NO. 90-462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4 FOR TRACT NOS. 13303, 13303-1 AND 13303-2 D9. Approval to execute Improvement Agreement Extension for Tract 13566-3, located on the south side of Summit Avenue between Cherry Avenue and Wardman Bullock Road, submitted by Etiwanda Highland Partners. (0602-01 AGREE EXTN) RESOLUTION NO. 90-463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13566-3 D10. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13697, located on the southwest corner of Haven Avenue and Carrari Street. (0602-01 BOND REL) (0704-18 NOT COMPLT} City Council Minutes December 5, 1990 Page 5 Release: Faithful Performance Bond (Street) $679,000.00 Accept: Maintenance Guarantee Bond (Street) 67,900.00 RESOLUTION NO. 90-464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCNO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13697 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Dll. Approval to accept Improvements, Release of Bonds and Notice of Completion for MDR 89-07, located on the southeast corner of 9th Street and Helms Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) 59,000.00 RESOLUTION NO. 90-465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR MDR 89-07AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D12. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 6725, located on the southeast corner of Foothill Boulevard and Haven Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) Faithful Performance Bond (Street) $860,000.00 $285,000.00 RESOLUTION NO. 90-466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6725 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D13. Approval to set the Date of Public Hearing for January 2, 1990 for Approval to Vacate a portion of Strang Lane, located east of Carnelian Street. (1110-18 VACATE ST) RESOLUTION NO. 90-467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, DECLARING ITS INTENTI6N TO VACATE A PORTION OF STRANG LANE LOCATED EAST OF CARNELIAN STREET, APPROXIMATELY 30 FEET WIDE AND 352 FEET LONG - APN 1076-271- 08 (io) (ii) (i2) City Council Minutes. December 5, 1990 Page 6 MOTION: Moved by Alexander, seconded by Wright to approve the Consent Calendar. Motion carried unanimously, 5-0 with Councilmember Willjams abstaining from the minutes of November 7, 1990. , , , , , 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 November 7, 1990) (0701-06 APPEAL) Mayor Stout stated that the attorney for Sam's Place, John Mannerino, was not present, but had been informed that someone from his office was present to ask for a continuance. Mr. Briguglio stated that due to Mr. Mannerino's detainment with a lawsuit out of the area, he would like to ask for a continuance to December 19, 1990. MOTION: Moved by Buquet, seconded by Alexander to continue the item to December 19, 1990. Motion carried unanimously, 5-0. , , , , , REDEVELOPMENT AGENCY TO RECONVEME AT THIS TIME TO HOIa) a JOINT PUBLIC HFatRING WITH THE CI="~ COUNCXL ON THE FOLLOWING XTEM. The Redevelopment Agency reconvened at 7:32 p.m. F2. CONSIDERATION TO APPROVE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE PRICE COMPANY Staff report presented by Linda D. Daniels, Deputy City Manager. (0602-01 AGREE DEV) Mayor and Chairman Stout pointed out that the City would get $600,000.00 per year for sales tax revenues which would benefit the City at practically no cost. He felt there was enough flexibility in the agreement to get the high standards that the City requires. James Markman, City Attorney, concurred. City Council Minutes December 5, 1990 Page 7 Councilmember and Agencymember Buquet asked if Walmart would be part of this project. Linda Daniels, Deputy City Manager, stated it was part of this project. James Markman, City Attorney, added this was a great deal and opportunity for the City of Rancho Cucamonga. Mayor and Chairman Stout opened the meeting for public hearing. Addressing the Council and Agency was: Jim Frost, City Treasurer, stated he had several questions and asked for a five minute recess to get his answers from staff on some material he had received this evening. The Council and Agency concurred to recess on this item until Mr. Frost had his questions answered by staff. ****** The Council and Agency took a recess on this item at 7:40 p.m. to continue with other matters of business. The Council and Agency reconvened at 7:56 p.m. to commence with the public hearing of City Council Item F2 and Redevelopment Agency Item D1. Jim Frost, City Treasurer, clarified more of the details for the financing of this project. He stated he felt this would cost the City $6,000,000.00 for this project, but he felt that eventually it would make the City money. Councilmember and Agencymember Wright wanted it clarified that the $6,000,000.00 would not be taken out of this year's or next year's General Fund budget. Jim Frost, City Treasurer, stated no. James Markman, City Attorney, stated the City also has the option of prepaying this without penalty. He felt the risk was on the Price Company the way this agreement was structured. Jim Frost, City Treasurer, stated he felt it would be a good deal for the City of Rancho Cucamonga. There being no further response, the joint public hearing'was closed. Councilmember and Agencymember Alexander stated he felt it was a good deal to go ahead with this because it would create sales tax revenues for the City and would create jobs. City Council Minutes December 5, 1990 Page 8 Jack Lam, City Manager, stated staff felt the development of the Price Club would also generate other stores in the center which would not normally be in Rancho Cucamonga. James Markman, City Attorney, stated the Redevelopment Agency did not put out a request for proposal for this property because the Price Company sought out the City. He stated this was a great deal for Rancho Cucamonga. Councilmember and Agencymember Williams asked for the time frame for completion of this project. Linda Daniels, Deputy City Manager, stated approximately Spring of 1992 according to the current schedule. RESOLUTION NO. 90-468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE PRICE COMPANY, A CALIFORNIA CORPORATION MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-468. Motion carried unanimously, 5-0. , , , , , MOTION: Moved by Alexander, seconded by Wright to adjourn the Redevelopment Agency. Motion carried unanimously, 5-0. The Redevelopment Agency adjourned at 8:09 p.m. , , , , , F3. CONSIDERATION OF TIMES MIRROR'S APPLICATION FOR A CABLE TELEVISION FRANCHISE (Continue to December 19, 1990) (1205-01 CATV) MOTION: Moved by Buquet, seconded by Wright to continue Item F3 to December 19, 1990. Motion carried unanimously, 5-0. , , , , , PUBLIC HEARINGS No Items Submitted. , , , , , H. CITY MANAGER*S STAFF REPORTS City Council Minutes December 5, 1990 Page 9 H1. CONSIDERATION OF PUBLIC SAFETY COMMISSION'S RECOMMENDATION TO INITIATE SCHOOL PARKING ENFORCEMENT PROGRAM AND NEW PARKING ENFORCEMENT PROCEDURES (Continued from November 21, 1990) Staff report presented by Duane Baker, Assistant to the City Manager. (1163-01 PK & TRAF) (1405-03 SCHOOL) Councilmember Alexander asked if the City could take this program over if they decided to later on. Duane Baker, Assistant to the City Manager, stated there was no limit on the time frame for this agreement to be in effect. MOTION: Moved by Wright, seconded by Alexander to authorize school parking enforcement. Motion carried unanimously, 5-0. MOTION: Moved by Buquet, seconded by Wright to adopt the City-wide parking citation enforcement process as recommended by staff with the recommended bail schedule. Motion carried unanimously, 5-0. , , , , , H2. CONSIDERATION OF A PETITION SUBMITTED BY ME. VERN WOODRING, 8242 BEELA VISTA STREET, FOR CITY COUNCIL'S RECONSIDERATION OF ALMOND STREET WIDTH/STANDARDS (1110-10 STREET PI) Vern Woodring, 8242 Bella Vista, distributed petitions to the City Council. He stated Almond Street, in his opinion, has been the "stepchild" of the community for some time. He stated the residents in his area would like to see the street remain 36 feet from curb to curb. Dan French, 8380 Almond, stated he agreed with Mr. Woodring and did not feel the street should be widened. He suggested the horse trail be done like it is supposed to be to beautify the area, not enlarge it. There being no further response, the public comments were closed. Mayor Stout stated he felt this matter should go before the Planning Commission for review and investigation. Councilmember Wright stated that part of the staff report refers to the fact that the City Attorney has stated the City cannot stop the Rodine Company from widening the street, and asked for him to explain how this could go back to the Planning Commission with that understanding. Rick Gomez, Community Development Director, stated it was staff's intent that with that recommendation they would look at those undeveloped portions that still remain, because there were large contiguous areas' that have not been improved. He stated those areas that are being improved by the developer are currently to the existing standards of 66 foot right-of-way with a 44 feet curb to curb. He stated what staff is saying is that if the Council desires changing that, they would retrofit those other areas that have not been built to the 60 foot, 36 feet curb to curb sections. City Council Minutes l December 5, 1990 Page 10 Councilmember Wright stated she agreed with Mayor Stout and would like this investigated further, and if needed, to go back to the Planning Commission. MOTION: Moved by Wright, seconded by Alexander to refer this item to the Planning Commission. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS I1. CONSIDERATION TO JOIN WITH THE COUNTY OF SAN BERNARDINO AND THE WEST END CITIES OF CHINO, MONTCLAIRAND UPLAND FOR EXECUTION OF CONTRACT (CO 90-153) WITH SCS & ASSOCIATES TO PREPARE THE CITY'S STATE MANDATED SOURCE REDUCTION AND RECYCLING ELEMENT Staff report presented by Diane O'Neal, Management Analyst II, who stated there is a correction to the contract, that there is an amendment that changed some of the insurance language. She stated SCS does not want to change this now so it would be the contract without the amendment. She stated it has been reviewed by the City Attorney and was acceptable to him. (0602-01 CONTRACT) (1170-04 RECYCLE) James Markman, City Attorney, stated staff is recommending approval ignoring pages 122 and 123 of the contract within the agenda packet. Joseph Miller, Project Engineer of SCS Engineers, stated they have met with the four cities and County Task Force and have outlined the items for discussion. He stated the project should take about eleven months. He stated the City's recycling element plan was to be submitted by July 1, 1991, and they planned to submit a draft to the State at that time in order to meet the intent of the law. Mayor Stout asked where the funds required for this would come from. Diane O'Neal, Management Analyst II, stated that in July 1990 the County included a $1.00 charge for creating this element regionally and those funds are collected on behalf of cities and agencies. She added the payment for this contract would be paid out of those funds. MOTION: Moved by Buquet, seconded by Wright to approve the contract. Motion carried unanimously, 5-0. J. IDENTIFICATION OF ITEMS FOR NEIT MEETING No items were identified for the next meeting. K. CO~,~NIC~TIONS FROM T!~ PUBLIC No communication was made from the public. City Council Minutes December 5, 1990 Page 11 , · , , , L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Buquet to adjourn to Executive Session to discuss pending litigation withAmerican Insurance and Marti Enterprises, and personnel issues. Motion carried unanimously, 5-0. The meeting adjourned at 8:17 p.m. Respectfully submitted, City Clerk Approved: January 2, 1991