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HomeMy WebLinkAbout1990/03/21 - Minutes March 21, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq A. C~%T.T. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, March 21, 1990, in the Lions Park Community Center, 9161 Base Line Road, 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, Deborah N. Brown, Charles J. Buquet II, Pamela J. Wright (arrived at 8:00 p.m. due to her attendance at a School Board meeting), and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Russ Maguire, City Engineer; Shintu Bose, Deputy City Engineer; Mike Olivier, Sr. Civil Engineer; Otto Kroutil, Deputy City Planner; Larry Henderson, Principal Planner; Gail Sanchez, Planning Commission Secretary; John Martin, Plan Check Coordinator; Joe Schultz, Community Services Manager; Paula Pachon, Administrative Assistant; Jim Hart, Administrative Services Director; Susan Neely, Finance Manager; James Frost, City Treasurer; Duane Baker, Sr. Administrative Assistant; Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; Patty Riffle, Executive Assistant; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Bruce Zeiner, Rancho Cucamonga Sheriff's Station; and Debra J. Adams, City Clerk. , , , , , B · ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Commemorate Community Development Block Grant Week. Mayor Stout made the announcement to commemorate Community Development Block Grant Week. , , , , , · C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. , · , , , City Council Minutes March 21, 1990 Page 2 (i) (2) (3) (4) D. CONSENT CALENDAR D1. Approval of Minutes: February 7, 1990 February 14, 1990 February 21, 1990 March 7, 1990 (Brown absent) D2. Approval of Warrants, Register Nos. 3/7/90 and 3/14/90; and Payroll ending 3/15/90 for the total amount of $1,996,285.77. D3. Alcoholic Beverage Application for On Sale General Eating Place for Mango's Beachfront Cafe, Tumbleweed Grill, Incorporated, 8034 Haven Avenue. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Highland Avenue Reconstruction, Hermosa Avenue to Mayberry Avenue Improvement Project, to be funded from TDA Article 8, Account No. 12-4637-8910 (FY 89/90). (0601-01 BID) RESOLUTION NO. 90-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HIGHLAND AVENUE RECONSTRUCTION, HERMOSA AVENUE TO MAYBERRY AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS DS. Approval to authorize the advertising of the "Notice Inviting Bids" for Base Line Road Median Retrofit from Haven Avenue to Deer Creek, to be funded from Landscape Maintenance District No. 4, Account No. 43-4130-8956 (FY 89/90). ITEM REMOVED FOR DISCUSSION BY MAYOR STOUT. (0601-01 BID) RESOLUTION NO. 90-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASE LINE RETROFIT, FROM HAVEN AVENUE TO DEER CREEK", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to designate Milliken Park as the name of the park site adjacent to the future Y.M.C.A. facility as recommended by the Park and Recreation Commission. ITEM REMOVED FOR DISCUSSION BY MAYOR STOUT. (1404-05 PARK) D7. Approval of an adjustment to the Tri-community boundary line used for community identification on City street name signs. Adjusting the westerly boundary of Etiwanda and the easterly boundaries of the Alta Loma and Cucamonga areas from along Rochester Avenue between Base Line Road and 4th Street to be along Day Creek Channel and Canyon from the northern City sphere limit to Interstate 15 then continuing along Interstate 15 to 4th Street. (1001-01 BOUND~RY) (1110-00 STREET) City Council Minutes March 21, 1990 Page 3 D8. Approval to purchase (1) Insulated Telescopic Aerial Lift mounted on Van with modifications. To be purchased from West Coast Utility Equipment Company of Fontana, California in the amount of $39,496.31 to be funded from Gas Tax Account 09-4647-7045. (0600-00 PURCHASE) D9. Approval to purchase one (1) Chevrolet Extended Mini Van at $13,860.09, to be purchased from Rotolo Chevrolet and funded from the IGS Account; one (1) Ford Super-Duty Cab and Chassis at $17,974.31, to be purchased from Will Nix Ford and i~nded from Account No. 01-4647-7045. (0600-00 PURCHASE) D10. Approval to award and execute the Professional Services Agreement (CO 90- 028) for the construction cost estimates and mapping for the Trails Implementation Plan to J.F. Davidson Associates for the amount of $12,980.00, to be funded from Contract Services Account No. 01-4333-6028 (FY 89/90). (0411- 01 AWARD) (0602-01 CONTRACT) Dll. Approval to award and execute the Professional Services Agreement (CO 90- 043) for the financing plan for the Trails Implementation Plan to Agajanian & Associates for the amount of $18,000.00, to be funded from Contract Services Account No. 01-4333-6028 (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT) D12. Approval to execute the Grant of Easement (CO 90-044) to Southern California Edison for the purpose of providing electrical power to West Beryl Park. (0602-01 CONTRACT) D13. Approval to execute a Cooperative Agreement (CO 90-007) with the City of Upland for the installation of a traffic signal at 19th Street and Sapphire Street. This agreement will insure that the Rancho Cucamonga share of the cost will remain 25% if Caltrans funding is not obtained. It also requires Upland to provide the remaining 75% under those circumstances. The City's estimated share remains at $35,475.00 from Transportation Development Fund, Account No. 12-4637-8919. (0602-01 CONTRACT) RESOLUTION NO. 90-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF UPLAND FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL ON 19TH STREET (ROUTE 30) AT SAPPHIRE STREET D14. Approval to execute a Cooperative Agreement (CO 90-045) with Caltrans for the modifications to the 1-15/Route 66 interchange. A refundable deposit of $100,000.00 will be required, to be funded from RDA Account No. 13-50300. (0602-01 CONTRACT) (5) (6) (7) (8) (9) City Council Minutes March 21, 1990 Page 4 RESOLUTION NO. 90-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT NO. 8- 654 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE 1-15/ROUTE 66 INTERCHANGE MODIFICATIONS AND AUTHORIZING THE SIGNING THEREOF BY THE MAYOR D15. Approval to award and authorization for execution of contract (CO 90-046) for 19th Street Improvement Project, located from the west City limits to Carnelian Street to Gentry Brothers, Incorporated, for the amount of $285,625.00 ($259,659.20 plus 10% contingency), to be funded with Systems Development funds, Account No. 22-4637-8743 (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT) D16. Approval to execute Reimbursement Agreement (CO 90-047) for installation of portions of Master Planned Storm Drain Facilities in connection with development of Tract Nos. 12650-2, 12650-3, 12650-4, located northerly of Hillside Road, between Haven Avenue and Deer Creek Channel; and Tract Nos. 13542-1, 13542-2, 13542-3 and 13542, located southerly of Wilson Avenue, westerly of Deer Creek Channel; between Grigsby Development, Incorporated and the City of Rancho Cucamonga - DRA-10. (0602-01 CONTRACT) D17. Approval to execute Reimbursement Agreement (CO 90-048) for Undergrounding of Overhead Utilities for Tract No. 13342, located north of 19th Street, between Hermosa Avenue and Mayberry Avenue, submitted by Pannon Design/Development, Incorporated. (0602-01 CONTRACT) RESOLUTION NO. 90-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT EXECUTED ON MARCH 21, 1990 FOR UNDERGROUNDING OF A PORTION OF OVERHEAD UTILITIES LOCATED NORTH OF 19TH STREET, BETWEEN HERMOSA AVENUE AND MAYBERRY AVENUE D18. Approval to execute Contract Change Order No. 1 (CO 89-079) with J.F. Davidson Associates, Incorporated, to provide utility depth surveys and legal description for Lemon Avenue Storm Drain. The Change Order is for the total amount of $3,992.00 to bring the contract total to $40,492.00 to be paid from Drainage Funds, Account No. 23-4637-8863-4603-4110. (0602-01 CONT AMEN) D19. Approval to execute Contract Change Order No. i (CO 89-011) for a Professional Services Agreement with Ramco Consultants to renegotiate with the property owner (APN 202-191-28) and prepare right-of-way map for Caltrans on 19th Street Project from Archibald to Haven Avenues. Contract to be expanded by $5,000.00 to bring contract total to $24,030.00 to be paid from Systems Development Fund Account No. 22-4637-8744. (0602-01 CONT AMEN) City Council Minutes March 21, 1990 Page 5 D20. 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 12848, located on the south side of Arrow Route between Utica and Red Oak Avenues. (1002-09 MAP) (0702-02 ANNEXATION) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 12848 RESOLUTION NO. 90-119 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 MAP 12848 D21. Approval of Map, execution of Improvement Agreement, Improvement Security, Drainage Acceptance Agreement, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13738, located on the southwest corner of Almond Street and Sapphire Street, submitted by Rodine Companies, Incorporated. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, DRAINAGE ACCEPTANCE AGREEMENT, AND FINAL MAP OF TRACT NO. 13738 RESOLUTION NO. 90-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13738 D22. Approval to execute Improvement Agreement, Improvement Security and Monumentation cash deposit for Tract 13753, located at the northeast corner of Base Line Road and Milliken Avenue, submitted by Victoria Cucamonga Partners, L.P., and release of previously submitted Improvement Agreement, Security, and Monumentation deposit accepted by City Council on January 18, 1989, from the William Lyon Company. (0602-01 AGREE IMPR) (i7) (i9) (2o) City Council Minutes March 21, 1990 Page 6 (22) (23) (24) (25) RESOLUTION NO. 90-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 13753 AND RELEASING THE IMPROVEMENT AGREEMENTAND SECURITY PREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 18, 1989 D23. Approval to execute Improvement Agreement Extension for Tract 13644 located on the southeast corner of Hermosa Avenue and Vista Grove Street, submitted by Woodridge Estates Ltd. ITEM REMOVED FOR DISCUSSION BY COUNCILWOMAN BROWN. (0602-01 AGREE EXTN) RESOLUTION NO. 90-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13644 D24. Approval to execute Improvement Agreement Extension for DR 87-51 located on the south side of Arrow Route between Rochester Avenue and Etiwanda Avenue, submitted by Fontana Steel. (0602-01 AGREE EXTN) RESOLUTION NO. 90-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 87-51 D25. Approval of Improvements, Release of Bonds and Notice of Completion for: Tract 11606-1 located on the southwest corner of Victoria Street and Mango Street (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $403,000.00 Accept: Maintenance Guarantee Bond (Street) $ 40,300.00 RESOLUTION NO. 90-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11606-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 11606-3 located on the southeast corner of Victoria Street and Mendocino Street (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $318,000.00 Accept: Maintenance Guarantee Bond (Street) $ 31,800.00 City Council Minutes March 21, 1990 Page 7 RESOLUTION NO. 90-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11606-3 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13542-3 located on the northeast corner of Banyan Street and (26) Canistel Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release Faithful Performance Bond: Street Banyan Landscape $403,000.00 $ 28,800.00 Accept Maintenance Guarantee Bond: Street Banyan Landscape $ 40,300.00 $ 2,880.00 RESOLUTION NO. 90-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13542-3 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D26. Approval to accept Improvements, release of Maintenance Guarantee Bond for: Tract 11793 located on the east side of Amethyst between Hiqhland Avenue and Lemon Avenue (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $ 24,800.00 (27) Tract 11853 located on the northeast corner of 19th Street and Ramona (28) Avenue (0602-01 BOND REL) $ 4,250.00 Maintenance Guarantee Bond (Street) Tract 11893 located on the south side of Banvan Street between Sapphire (29) Street and Cucamonga Creek (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $ 25,800.00 Tract 12832 located on the southwest corner of Victoria Park Lane and (30) Victoria Windrows Loop (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $ 35,500.00 City Council Minutes March 21, 1990 Page 8 (32) Tract 13353 located on the northwest corner of 19th Street and Archibald Avenue (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $ 29,600.00 D27. Approval to accept the Etiwanda Cobblestone Curb, Contract No. 89-168, as complete, release bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ETIWANDA COBBLESTONE CURB, CONTRACT NO. 89-168, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Brown, seconded by Buquet to approve the balance of the Consent Calendar minus items D5, D6, and D23. Motion carried unanimously, 4-0- 1 (Wright absent). DISCUSSION OF ITEM DS. Approval to authorize the advertising of the "Notice Inviting Bids" for Base Line Road Median Retrofit from Haven Avenue to Deer Creek, to be funded from Landscape Maintenance District No. 4, Account No. 43- 4130-8956 (FY 89/90). Mayor Stout asked what the retrofit consisted of, and was there something wrong with the way it was originally constructed. Russ Maguire, City Engineer, explained this item in detail as to the retrofit. MOTION: Moved by Stout, seconded by Buquet to approve item D5. Motion carried unanimously, 4-0-1 (Wright absent). DISCUSSION OF ITEM D6. Approval to designate Milliken Park as the name of the park site adjacent to the future Y.M.C.A. facility as recommended by the Park and Recreation Commission. Mayor Stout stated he did not have a problem with the designation of Milliken Park, but stated the way the report was written it inferred that the YMCA project was adjacent to the Milliken Park, and it should state that it includes the YMCA site. Jack Lam, City Manager, stated the YMCA is within the Milliken Park project. MOTION: Moved by Stout, seconded by Alexander to approve item D6 as corrected. Motion carried unanimously, 4-0-1 (Wright absent). City Council Minutes March 21, 1990 Page 9 DISCUSSION OF ITEM D23. Approval to execute Improvement Agreement Extension for Tract 13644 located on the southeast corner of Hermosa Avenue and Vista Grove Street, submitted by Woodridge Estates Ltd. Councilwoman Brown asked why we are granting Nordic an extension of 90 days. Russ Maguire, City Engineer, stated the previously approved condition applies where no occupancy will be granted until Hermosa is completed. He stated he did not see why they could not complete the improvements within the 90 days. Councilwoman Brown asked if at the end of this 90 days the work is not complete, what will happen. Russ Maguire, City Engineer, stated the Council may want to stipulate that this is the last extension, and that if the work is not complete the tract will go into default and legal action will be taken. Councilman Buquet stated he has a problem with granting the extension, and did not feel they should get the total 90 days. James Markman, City Attorney, stated he felt this 90 day extension should be granted, but to make it known to Nordic that this would be the last one. James Markman, City Attorney, stated he needs a minimum of 60 days to begin administering the take-over. Councilman Buquet felt staff should let Nordic know this is the last extension they would be granted. Russ Maguire, City Engineer, stated they can also make the point that they are granting the 90 days with the idea they are allowed 45 days to finish the work, and if it is not, the City will begin proceedings at the end of the 90 days. James Markman, City Attorney, stated if it looks like they will not be done in 90 days, including the establishment period, the City would move in on the bonds. Mayor Stout asked, if from the City Attorney's office, a registered mail notice can be sent this week notifying Nordic of the City's intentions. Russ Maguire, City Engineer, asked that the recommendation include that the applicant be notified that no further extensions will be granted and that if the construction work is not complete within 45 days, the City will be taking steps in the last period for further action. james Markman, city Attorney, stated he would take this as staff instruction. City Council Minutes March 21, 1990 Page 10 (33) (34) RESOLUTION NO. 90-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13644 MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 90- 123. Motion carried unanimously, 4-0-1 (Wright absent). Councilwoman Brown suggested that because of the problems the City has had with this developer, when there are items such as extensions or whatever, that they not be put on the Consent Calendar because of the discussion involved. E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ORDINANCE ESTABLISHING A PROGRAM FOR MITIGATION OF SEISMICALLY HAZARDOUS MASONRY BUILDINGS (0807-01 CODE BLDG) Debra J. Adams, City Clerk, read the title of Ordinance No. 417. ORDINANCE NO. 417 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL CODE BY ADDING CHAPTER 42 REGARDING EARTHQUAKE HAZARD REDUCTION IN UNREINFORCED MASONRY BUILDINGS AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Buquet to waive full reading and approve Ordinance No. 417. Motion carried unanimously, 4-0-1 (Wright absent). , , , , , ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF A RESOLUTION APPROVING THE FINANCING AND REFINANCING OF A PORTION OF THE RANCHO REDEVELOPMENT PROJECT BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Staff report presented by Olen Jones, Sr. RDA Analyst. (0400-00 FINANCE) (0203-06 RDA) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes March 21, 1990 Page 11 RESOLUTION NO. 90-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINANCING ANDREFINANCING OF A PORTION OF THE RANCHOREDEVELOPMENT PROJECT BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY MOTION: Moved by Buquet, seconded by Brown to approve Resolution No. 90-129. Motion carried unanimously, 4-0-1 (Wright absent). , , , , · THE REDEVELOPMENT AGENCY RECONVENED AT 7:25 P.M. , , , , , Items F2 and F3 were considered together. F2. CONSIDERATION OF A RESOLUTION REGARDING PROJECTS BENEFITTING THE PROJECT AREA AND MAKING CERTAIN FINDINGS IN REGARD THERETO (LEDIG HOUSE) Staff report presented by Linda D. Daniels, Deputy City Manager. (0203-06 RDA) (0203-05 HISTORY) Mayor and Chairman Stout opened the meeting for a joint public hearing of the Redevelopment Agency and the City Council. There being no response, the public hearings were closed. RESOLUTION NO. 90-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 90- 130. Motion carried unanimously, 4-0-1 (Wright absent). F3. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF A RESOLUTION REGARDING PROJECTS BENEFITTING THE PROJECT AREA AND MAKING CERTAIN FINDINGS IN REGARD THERETO (LEDIG HOUSE) RESOLUTION NO. RA 90-006 ARESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO MOTION: Moved by Alexander, seconded by Stout to approve Resolution No. RA 90- 006. Motion carried unanimously, 4-0-1 (Wright absent). (3s) City Council Minutes March 21, 1990 Page 12 (_36) MOTION: Moved by Alexander, seconded by Buquet to adjourn the Redevelopment Agency. Motion carried unanimously, 4-0-1 (Wright absent). The Redevelopment Agency adjourned at 7:30 p.m. F4. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FISCAL YEAR 1990-1991 - The adoption of the Preliminary Statement of Community Development Objectives and Projected Use of Funds for the Community Development Block Grant Application for the Fiscal Year 1990-91 based on an anticipated grant of $433,000.00. Staff report presented by Larry Henderson, Principal Planner, whc introduced Mark McCollum, Senior Community Development Specialist with Willdan & Associates, who presented additional information. (0203-04 CDBG) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Buquet, seconded by Brown to adopt the preliminary statement. Motion carried unanimously, 4-0-1 (Wright absent). (37) PUBLIC HEARINGS G1. EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR THE BASE LINE ROAD, PARCEL MAP 11838, PROJECT BETWEEN VICTORIA PARK LANE AND ROCHESTER AVENUE (12428 AND 12472 BASE LINE ROAD) - Public Hearing of protests regarding Eminent Domain action to acquire public right-of-way for the Base Line Road Widening, Parcel Map 11838, Project between Victoria Park Lane and Rochester Avenue at the property located at 12428 and 12472 Base Line Road (APN 227-091-14 and 15) for the construction of street improvements across the frontage of said property. (Continued from March 7, 1990) Staff report presented by Mike Olivier, Sr. Civil Engineer. (1002-06 EM DOMAIN) Mayor Stout opened the meeting for public hearing. Addressing the City Council was: John Hayes, Hughes Investments, stated they would like to seek the reimbursement for the cost of the acquisition in the reimbursement agreement, which had been explained to him by Russ Maguire, City Engineer, and would like to see this clarified in writing. James Markman, City Attorney, stated that this should be worked out with Engineering at another time because this was not the subject matter for this public hearing. Mr. Hayes stated they are in favor of the condemnation, and would work with Engineering on the matter he previously spoke about. City Council Minutes March 21, 1990 Page 13 There being no further response, the public hearing was closed. RESOLUTION NO. 90-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 90-109. Motion carried unanimously, 4-0-1 (Wright absent). , , , , , G2. EMINENT DO~IN ACTION TO ACQUIRE PUBLIC RIGHT OF WAY FOR BASE LINE ROAD, PARCEL ~P 11030, PROJECT BETWEEN VICTORIA PARK LANE AND ROCIIESTER AVENUE [12504 BASE LINE ROAD) Public Htaring of pDDt~StS r~gardin9 ~nintnt Domain action to ac~uirt public ~ight of way fo~ tht Bast Lin~ Road, Parcel Map 11030, PL~jtCt b~twten Victoria Park Lane and Rochester Avenut at the p~ptrty located at 12504 Bas~ Lin~ Road (APN 227 111 12 and 13) for the constructi~% of strttt impro~cmtnts across th~ fr~ntag~ of said p~opt~ty. (Continued fr~ March 7, 199G} (1002-06 EM DOMAIN) RESOLUTION NO. 90 110 A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF RANCIIO CUCAMONGA, CALIFOrnIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDE~ A PORTION OF CERTAIN REAL PROPERTY LOOATED IN CITY OF RANCHO CUCAMONGA AND b~KING PINDINGS IN SUPPORT TIIEREOF James Markman, City Attorney, stated that this item has been settled, and was therefore being removed from the agenda. , , , , , It should be noted that Rick Gomez, Community Development Director, left the room for item G3 to be discussed, but returned after the completion of that item. , , , , , G3. CONSIDERATION OF MEDIAN OPENINGS AND LANDSCAPING WITHIN MEDIANS IN THE TERRAVISTA PLANNED COMMUNITY- An appeal of the Planning Commission's decision to deny a median opening on Church Street between West Elm Avenue and Spruce Avenue. (1110-05 MED/PKWAY) (0701-06 APPEAL) Mayor Stout stated he was in receipt of a letter from Lewis Homes asking that this item be continued to April 4. (38) (39) City Council Minutes March 21, 1990 Page 14 (4o) MOTION: Moved by Buquet, seconded by Alexander to continue the item to April 4, 1990. Motion carried unanimously, 4-0-1 (Wright absent). H. CITY MANAGER'S STAFF REPORTS H1. DISCUSSION OF DEDICATION OF CIVIC CENTER AND PUBLIC SAFETY FACILITY (1601-04 CITY FAC) Mayor Stout asked that this item be discussed after the arrival of Councilwoman Wright, which occurred after Council returned from the recess that concluded at 8:00 p.m. , , , , , Staff report presented by Jack Lam, City Manager, who stated the facility should be ready for move-in about the second weekend in May, and staff is looking for direction from the City Council as to the type of celebration they would like to have. Mayor Stout suggested the dedication ceremony be held on the Fourth of July and should be focussed towards the people of the City. He suggested a Subcommittee be established to work with staff on this project. Councilman Buquet stated he did not want the public to feel the City was withholding the building by waiting until July for the dedication. Councilwoman Wright suggested that if the dedication was to be held July 4th, that the City not plan any other activities that day. Jack Lam, City Manager, stated there are already plans for activities at Red Hill Park, and did not suggest cancelling them. Councilwoman Brown suggested that the Chamber be contacted for input about the dedication. Mayor Stout stated he has done this and they would like to assist with the planning. Councilman Alexander expressed his concerns about the dedication being on a holiday, but felt since it was in the middle of the week that there would be an adequate turn-out. ACTION: Consensus that the dedication ceremony would occur on the Fourth of July, and a Subcommittee of Stout and Alexander would work with staff on the planning of this event. , , , , , City Council Minutes March 21, 1990 Page 15 H2. CONSIDERATION TO ADOPT PROPOSED WORK PROGRAM FOR AB 939 IRECYCLING LEGISLATION] - Presentation of overview and proposed Work Program of AB 939 to City Council for their consideration and adoption. Staff report presented by Diane O'Neal, Administrative Analyst. She also introduced Tiina Ross, Chairperson of the Environmental Management Commission, if the Council had any questions for her. (1170-04 RECYCLE) · MOTION: Moved by Brown, seconded by Buquet to adopt the proposed work program for AB 939. Motion carried unanimously, 4-0-1 (Wright absent). Councilwoman Brown stated she felt this was a very energetic work program and would accomplish what is needed to be done; however, with Norcal being the ones taking care of the refuse for our area, she felt the consultant should work closely with Norcal in determining how much solid waste is coming out of Rancho Cucamonga at the landfill. , , , , , H3. CONSIDERATION AND ADOPTION OF RECOMMENDATIONS FOR EARTH DAY 1990 - Environmental Management Commission's recommendations for Council's consideration and adoption regarding Earth Day 1990. Staff report by Diane O'Neal, Administrative Analyst. She also introduced Tiina Ross, Chairperson of the Environmental Management Commission, if the Council had any questions for her. (1403-00 ENVIRON) RESOLUTION NO. 90-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN ENVIRONMENTAL BILL OF RIGHTS IN RECOGNITION OF EARTH DAY 1990 AND TO IMPLEMENT PROGRAMS DESIGNED TO PROTECT THESE RIGHTS MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 90- 131. Motion carried unanimously, 4-0-1 (Wright absent). MOTION: Moved by Buquet, seconded by Alexander to approve the expenditure of $500.00 for green ribbons to be distributed to the City and schools. Motion carried unanimously, 4-0-1 (Wright absent). , , , , , , I. COUNCIL BUSINESS I1. STATUS REPORT ON COUNTY PLANS FOR CHAFFEY REGIONAL PARK Staff report presented by Joe Schultz, Community Services Manager. (1404-06 PK DEVEL) ACTION: Report received and filed. (41) (42) (43) , , , , , City Council Minutes March 21, 1990 Page 16 (44) Mayor Stout called a recess at 7:50 p.m. The meeting was called back to order at 8:00 p.m. with all members of Council present. Item HI was heard at this time, but the minutes will remain in agenda order. I2. DISCUSSION OF LETTER SENT TO COURTS BY COUNCILMEMBER CHUCK BUOUET (0701- 01 COUNCIL) Councilman Buquet stated he has attempted to contact all the City Council members. He read the following memo: "DATE: March 16, 1990 TO: Mayor and Members of the City Council FROM: Charles J. Buquet, Councilman SUBJECT: LETTER TO THE PUBLIC DEFENDER'S OFFICE I am sure you have read recent newspaper articles concerning a letter that I wrote to the Public Defender's Office on behalf of a Rancho Cucamonga family whose husband and father was scheduled for consideration of release on his own recognizance pending a criminal trial as a result of his arrest. Since his arrest in late January or early February of this year, he had been in jail awaiting trial, leaving his expectant wife and eight year old son without any source of income to pay for food and living expenses. These circumstances were causing significant anguish for my parents, who had befriended this family over one year ago, and were trying to lend what assistance they could to his wife and son through this traumatic experience. When I wrote the letter, I was not aware of the specifics of the charges, and was relying on information provided to me by a narcotics detective who had indicated his arrest and subsequent bail amount may have been the result of him being duped into transporting narcotics for someone else. Needless to say, I was shocked when I read in Thursday's paper that he was charged with offering to sell 200 kilos of cocaine to an undercover officer, and was the first time that I became aware of any contradictory information about the case against him. I have worked long and hard for many years at the Sheriff's Office combatting drug activity and use. I have also worked long and hard for the citizens of Rancho Cucamonga, and my efforts have been to ensure that City Council Minutes March 21, 1990 Page 17 this is the best City to live, work, and raise a family, as well as being a place to be proud of. In addition to these involvements, I have been very active in a number of community programs that benefit our families and youth. The many hours I have invested in our community is because of my commitment to this City, and I believe people have to be willing to volunteer their time and efforts in order to have a decent and safe community to live in. This type of involvement makes one truly care about our citizen families that need help, and that was the basis for my involvement with this family in their plight. Letter to the Public Defender's Office Page 2 March 16, 1990 I can assure you that my letter was in no way shape or form intended to condone or support his actions that had led to his arrest. I also was not seeking any leniency or consideration that any other person under similar circumstances would have been entitled to. Had I been more factually aware of the circumstances of this matter, I would not have entertained submitting any type of letter. My letter was sincerely for the purpose of helping his family by having him available to provide for them while he has going through his trial proceedings and subsequently being held accountable for any legal misdeeds determined by a jury of his peers. I have always tried to be a person that gives someone the benefit of doubt until they give reason to believe otherwise. That is also the basic precept that this great country is founded on, and I am greatly committed to that belief. I am sad to say that I may have been let down; however, I will reserve my full judgement until he receives his due process by the judicial system. In retrospect, it appears I erred in my involvement and manner in trying to assist this family that may be out on the streets in a couple short weeks. I regret any inconvenience this matter has caused any of you, and I can assure you that these circumstances will not occur again in the future. Thank you for your consideration, as with all matters, I remain available by contacting me at your earliest convenience." Councilman Buquet stated his intent was to assist the family, but instead ended up hurting himself. He further stated he did not intend to create any problems for the City Council and apologized for any inconvenience. He informed the City Council that in the future, if he sent letters, he would carbon copy them so they would be aware of the context of his letters. Councilman Alexander felt it was a good idea to air this, but did not feel the intent was meant to be malicious. He suggested good judgment be used when using City letterhead. City Council Minutes March 21, 1990 Page 18 Councilwoman Brown stated her problem with this was the use of City letterhead. She felt personal matters should be personal, and business should be business. She added it was put on the agenda to discuss the use of City letterhead. She further stated she accepted Councilman Buquet's apology. Councilwoman Wright stated she did not condone what Councilman Buquet did by using the City letterhead, but did accept his apology. ACTION: Received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. Councilman Buquet announced as a reminder that the City Council meetings would start at 7:00 p.m. or immediately following a Redevelopment Agency or Fire Board meeting. Councilwoman Wright apologized for being late, but stated she was required to give a presentation for her job. Mayor Stout suggested the meeting time change go in the Grapevine. , , , , , , K. COMMUNICATIONS FROM THE PUBLIC K1. Chuck Haynes, President, Caryn Homeowner's Association, expressed his disapproval of Councilman Buquet's letter he had written to the Public Defender's office. He felt the City Council should censure Councilman Buquet. K2. Mrs. Huggins, Beaver Court, stated her concerns about why she had not received a copy of the information Mr. Sullivan had written for the City of Rancho Cucamonga, because she had been told by staff it would be ready for tonight's meeting, and was just told it is not available. Mayor Stout asked if she has filed a lawsuit yet against Nordic. Mrs. Huggins stated they have not done this. Councilwoman Brown stated she did not receive the information until just last night and that was why it had not been made available to the homeowners. Mayor Stout asked Rick Gomez, Community Development Director, if he could make the information available tonight for the homeowners. Rick Gomez, Community Development Director, stated he would go over to City Hall and do this for them. City Council Minutes March 21, 1990 Page 19 Mrs. Huggins asked that another Subcommittee member be Chair of the meetings. K3. Evie Steffler, sister of Councilman Buquet, stated she was outraged over the treatment her family has received regarding the letter to the Public Defender's office that her brother wrote. She commented on his dedication to public service. She felt the public only knew half of the facts to this story. She stated that Councilman Buquet was only trying to help the family of the accused man. K4. Mike Roble, prospective homeowner of the Woodridge Estates stated he has been without a home for two years. He felt what the City Council was doing was only hurting the residents instead of putting pressure on Nordic to finish the project. He suggested a portion of the Nordic homes be released so they could get their money to finish the project. Mrs. Roble expressed her concerns for the City not using more control to get this project completed. James Markman, City Attorney, addressed her concerns. KS. Steve Martino, buyer of Woodridge Estates home, expressed his concerns for the items left to be completed prior to his moving into his home which he had received from Community Development, and felt staff was more concerned with getting the public improvements completed than moving people into the houses. Rick Gomez, Community Development Director, stated they would not hold people up from moving in because of cosmetic reasons, but if there were life and safety issues involved they would hold up occupancy. Russ Maguire, City Engineer, stated with there only being one entrance into the tract, and that being Hermosa, and with the construction traffic involved at that entrance, it was a hazard. K6. Sonja Buquet, Councilman Buquet's mother, stated she felt responsible for her son getting involved with the family identified in his letter to the Public Defender's office. She also distributed a letter to the Councilmembers and would be asking that this be published in the Daily Report in its entirety. She also stated she felt her son has always tried to do what was best for the community. K7. Don Gotro, 7042 Napa, stated he supported Councilman Buquet. K8. Jacquelyn Bolda, Caryn Development, stated she was impressed with what Councilman Buquet said tonight and felt this issue was now over. , , , , , City Council Minutes March 21, 1990 Page 20 L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn to the joint meeting with the Public Safety Commission on March 28 at 7:00 p.m. at the Neighborhood Center. Motion carried unanimously, 5-0. The meeting adjourned at 9:15 p.m. Respectfully submitted, City Clerk Approved: April 18, 1990