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Home My WebLink About1992/01/02 - Minutes January 2, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A, CALL TO ORD!~R A regular meeting of the City Council of the City of Rancho Cucamonga was held on Wednesday, January 2, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7=00 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, and Mayor Dennis L. Stout. Also present were= Jack Lam, City Managers James Markman, City Attorneys Linda D. Daniels, Deputy City Managers Jerry B. Fulwood, Deputy City Managers Rick Gomez, Community Development Directors Joe O'Neil, City Engineers Duane Baker, Assistant to the City Managers Susan Mickey, Management Analyst IS Chief Dennis Michael, Rancho Cucamonga Fire Protection Districts Lt. Mike Ingram, Rancho Cucamonga Police Departments and Jan Sutton, Deputy City Clerk. Absent were Councilmembers= Diane Williams and Pamela J. Wright. , · · , · B. ANNOUNCEMENTS/PRESeNTATIONS B1. Mayor Stout stated the City Attorney has requested the Council add an emergency item to the agenda regarding a settlement agreement for litigation between the City and the County of San Bernardino, and stated this item would be voted upon when Councilmember Wright arrived. B2. Jack Lam, City Manager~ stated there has been a request to remove Item D16 from the Consent Calendar due to non-completion by the developer, and that it would be brought back at a later time. B3. Mayor Stout announced the Jersey Fire Station has been occupied as of the previous Saturday. C. COMMXJNICATIONS FROM THE PUBLXC No communications were made by the public. City Council Minutes January 2, 1992 Page 2 , , , · , D, CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 12/11/91 and 12/18/91; and Payroll ending 12/5/91 for the total amount of $2,440,555.25. D2. Alcoholic Beverage Application for On Sale General Eating Place Catering Authorization Permit for Backwater, Curtis L. and Marga McGrew, Michael S., Patricia S. and Tracy E. Sims, and Tracy E., Brian D. and Cydna C. Turner, 10877 Foothill Boulevard, Rancho Cucamonga. D3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Mariscolandia Seafood Mexican Restaurant, Gerardo E. and Irma E. Lopez, 8880 Archibald Avenue, Suite G, Building 1, Rancho Cucamonga. D4. Alcoholic Beverage Application for Off Sale General Type 21, 1991 Intercounty Csf. Conditional, Priority #2 - San Bernardino County for Neighborhood Market, Wanis Ghassan, 8880 Archibald Avenue, Suite A, Building 1, Rancho Cucamonga. (1) D5. Approval to re-appoint Rancho Cucamonga Con~nunity Foundation Boardmembers. (0701-01 APOINT CF) (2) D6. Approval to execute an Agreement (CO 92-012) for Annexation to Community Facilities District 85-1 (Foothill Marketplace). (0602-01 CONTRACT) (0403-01 COM FAC DI) (3) D7. Approval to execute an agreement (CO 92-001) for custodial service with John Bolin Maintenance. (0602-01 CONTRACT) (4) DS. Approval to increase Contract No. 87-207 with Fieldman, Rolapp & Associates in the amount of $3,000.00 due to increased work demands to be funded by Account No. 75-4637-6028. (0602-01 CONT AMEN) (5) Dg. Approval to execute Improvement Agreement Extension for Tract 12835, located on the east side of Vineyard Avenue, 600 feet north of Arrow Highway, submitted by Park Vineyard Joint Venture. (0602-01 AGREE EXTN) ~RESOLUTION NO. 92-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12835 D10. Approval to execute Improvement Agreement Extension for Tract 13279 - Victoria Park Lane and Rochester Avenue, located at Victoria Park Lane and Rochester Avenue, submitted by the William Lyon Company. (0602-01 AGREE EXTN) City Council Minutes January 2, 1992 Page 3 RESOLUTION NO. 92-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13279 VICTORIA PARK LANE AND ROCHESTER AVENUE Dll. Approval to execute Improvement Agreement Extension for Tract 13280 (7) Landscape, located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue, submitted by the William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 92-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13280 LANDSCAPE D12. Approval to execute Improvement Agreement Extension for Tract 13359, (8) located on the east side of Sapphire Street between Orchard Street and Jennet Street, submitted by H.K. Helm, Incorporated. (0602-01 AGREE EXTN) RESOLUTION NO. 92-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13359 D13. Approval to execute Improvement Agreement Extension for Parcel Map 9431, (9) located on the east side of Beryl Street south of Hillside Road, submitted by James Bice. (0602-01 AGREE EXTN) RESOLUTION NO. 92-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9431 D14. Approval to execute Improvement Agreement Extension for Parcel Map 10185, (10) located on the southwest corner of Highland Avenue and Milliken Avenue, submitted by the William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 92-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10185 D15. Approval to execute Improvement Agreement Extension for Parcel Map 11472, (11) located on the south side of 19th Street east of Hermosa Avenue, submitted by JCR Development. (0602-01 AGREE EXTN) City Council Minutes January 2, 1992 Page 4 RESOLUTION NO. 92-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11472 (12) -,= ~ ....... ~ ....................... for Tr=ct 12273, ic==tcd cn the =c-=thc=zt ccrncr cf ~illikcn A-rcnuc =nd Mount=in ~ XT~MF/MOVED FROM AOENDA. (0602-01 BOND REL) (0704-18 NOT COMPLT) ~=ithful Pcrfsrm...=ncc ran--,.,, 13272 (13) D17. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13873, located on the northwest corner of Atwood Street and Victoria Park Lane. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 72,000.00 Accept: Maintenance Guarantee Bond (Street) $ 7,200.00 RESOLUTION NO. 92-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13873 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION (14) D18. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 9350 Storm Drain, located on the northeast corner of Base Line Road and Milliken Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) InfrastruCture Storm Drain Release~ Faithful Performance Bond $ 502,515.00 Accept= Maintenance Guarantee Bond $ 50,251.00 Base Line Road Storm Drain Release: Faithful Performance Bond $ 616,155.00 Accept: Maintenance Guarantee Bond $ 61,615.00 City Council Minutes January 2, 1992 Page 5 RESOLUTION NO. 92-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9350 STORM DRAIN AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to release Maintenance Guarantee Bond for Tract 11428, located on (15) the east side of Center Avenue at Ashford Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond $ 8,186.00 D20. Approval to release Maintenance Guarantee Bond for Tract 13442, located on (16) the northeast corner of Victoria Park Lane and Kenyon Way. (0602-01 BOND REL) Release: Maintenance Guarantee Bond $ 61,200.00 MOTION= Moved by Buquet, seconded by Alexander to approve the Consent Calendar with the exception of Item No. D16. Motion carried unanimously, 3-0-2 (Williams, Wright absent ). , , , , , m. CONSENT ORDINANCES NO Items Submitted. r. ~DVERTISED ~qJBLIC HEARINGS F1. CONSIDERATION OF RESOLUTIONS P~T.ATING TO THE FORMATION OF ASSESSMENT (17) DISTRICT 89-1 (O'DONNELL INDUSTRIAL TRACT) (Continued from December 18, 1991) Staff report presented by Duane Baker, Assistant to the City Manager. (0401-03 89-1 AD) Mayor Stout asked when will the Railroad start working on the crossing. Joe O'Neil, City Engineer, stated in approximately six months. Mayor Stout stated he was concerned because with the opening of the Jersey Fire Station, he felt the crossing needed to be opened soon. Joe O'Neil, City Engineer, stated they are working on getting some type of temporary or emergency crossing arranged with the Railroad. Mayor Stout opened the meeting for public hearing. Addressing the Council was: James Westling, a partner in The O'Donnell Group, 2201 Dupont Drive, Irvine, stated he would be available to answer any questions. He stated they appreciated the City's efforts in this and were looking forward to getting the bonds sold and the project started. City Council Minutes January 2, 1992 Page 6 Mayor Stout stated that Jersey is currently striped for two lanes, but it is shown as four lanes in the plans. Joe O'Neil, City Engineer, stated it will be restriped to four lanes when the street is completed. There being no further con=nents, the public hearing was closed. RESOLUTION NO. 91-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA~CHO CUCAMONGA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AGREEMENTS RESOLUTION NO. 91-396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER ~ S REPORT RESOLUTION NO. 91-397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE FOR A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 91-398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT MOTION: Moved by Buquet, seconded by Alexander to approve Resolution Nos. 91- 395, 91-396, 91-397 and 91-398. Motion carried unanimously, 3-0-2 (Willjams, Wright absent ). , · · · , (18) F2. CONSIDERATION OF ORDERING THE VACATION OF A FORTION OF AN ALLEY LOCATED SOUTH OF NINTH ~REET FROM VINMAR TO SIERRA MADRE AVENUES Staff report presented by Duane Baker, Assistant to the City Manager. (1110-18 VACATE ST) Mayor Stout asked if the second house on lot 12 was legal. Duane Baker, Assistant to the City Manager, stated it was approved through the County, so was legal. Mayor Stout inquired if this was to be a public hearing item tonight. Duane Baker stated no, it was an error that it was placed in that section of the agenda. He etated this item was to set the public hearing for February 5, 1992. City Council Minutes January 2, 1992 Page 7 James Markman, City Attorney, stated it was not necessary to open the public hearing since it was an agenda error. RESOLUTION NO. 92-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF AN ALLEY LOCATED SOUTH OF NINTH STREET FROM VINMAR TO SIERRA MADRE AVENUES MOTION= Moved by Alexander, seconded by Buquet to approve Resolution No. 92-011 and set the public hearing for February 5, 1992. Motion carried unanimously, 3- 0-2 (Willjams, Wright absent). , · · , , No Items Submitted. H · CITY MANAGER ~ 8 STAFF R~PORTS No Items Submitted. , , · · · x. COUNCIL BUSXHESS I1. CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE RANCHO CUCANONGA (19) COMMUNITy FOUNDATION BOARD OF DIRECTORS (0701-01 APOINT CF) MOTION= Moved by Buquet, seconded by Alexander to approve the appointment of Frances Howdyshell to fill the vacancy on the Community Foundation Board of Directors. Motion carried unanimously, 3-0-2 (Willisms, Wright absent). I2. COMMUTER RAIL DISCUSSION (1110-09 RAILROAD) (20) Councilmember Buquet referred to a memo he sent to the Council regarding the non- activity on the commuter rail, and the problems they have been having with the Santa Fe line. He stated as a result, they are looking at the possibility of moving the commuter rail traffic Just north of Base Line, which is adjacent to a lot of residential properties. He felt this would create an impact from the point of the existing intensity of use versus what theywould anticipate when the commuter rail is on line. He stated his intention was that as the Council's representative to SANBAG, he thought it would be appropriate for him to draft correspondence to be sent to the members of the regional rail board expressing City Council Minutes January 2, 1992 Page 8 the City's concern with the existing circumstances, and making them aware that several residents in the area are concerned, and that the City sees potential adverse impacts from their proposed activity. He stated he would like. to see the board start working now to mitigate these concerns. Mayor Stout asked if there was a problem at the crossing of the northern railroad line and Rochester, because it seems like all activity has ceased. He stated he spoke to a man from the Railroad involved in installing the railroad crossing arms. The two outer arms had been installed, but the man indicated there was to be a center island installed for the center arms. He asked if that was the William Lyon Company's responsibility. Joe O'Neil, City Engineer, stated it was the Railroad's responsibility, and they have indicated they are not pursuing that because they claim they no longer own the right-of-way. Mayor Stout asked that staff work it out with the Railroad, because when the new high school opens, that crossing will need to be open also. Joe O'Neil, City Engineer, stated they will be talking to the Railroad about a scheduled completion date. Rick Gomez, Community Development Director, stated they will also talk to Mike Baer of SANBAG, who is the regional rail coordinator, since they would own the right-of-way to that line. Joe O'Neil, City Engineer, stated they have spoken to SANBAG about it already, and they will try to get it resolved after the holidays when everyone is back in the office. ACTION: Report received and filed. · · · · , J. IDEITEIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Stout asked to have a resolution prepared asking Westinghouse to consider reinstating the name "Barton Plaza" to the buildings located on the southeast corner of Foothill and Haven. K, COMMUNICATIONS FROM THE PUBLIC K1. Phil Deatherage, 6564 Etiwanda Avenue, thanked Joe O'Neil for opening Rochester Avenue. He stated there is an issue of concern to several. residents in the Etiwanda area who felt a traffic signal was needed at the intersection of East Avenue and Highland Avenue. He stated he wanted to warn the Council that the residents were organizing on this issue to bring before the City Council and the Public Safety Commission. City Council Minutes January 2, 1992 Page 9 Councilmember Alexander asked if this has been heard yet by the Public Safety Con~nission. Phil Deatherage stated the Commission is talking about it now'. Councilmember Buquet stated the residents might want to start directing some of their concerns to Caltrans, since as a designated state route, the City would need Caltrans' approval before they could install a traffic signal. · · · · · · The Council recessed at 7=31 p.m. to Executive Session to discuss a settlement agreement with the County of San Bernardino. The meeting reconvened at 7=41 p.m. James Markman, City Attorney, stated it was moved by Buquet, seconded by Alexander to approve the settlement agreement involving the University Crest case, on the condition that the County Flood Control District, simultaneously with this agreement being approved and signed, make an irrevocable offer of dedication of the north portion of the right-of-way for Banyan Street, that is otherwise not being improved, as referred to on page 11 of the agreement. He stated the motion carried unanimously, 3-0-2 (Willjams, Wright absent). MOTION= Moved by Buquet, seconded by Alexander to adjourn. Motion carried unanimously, 3-0-2 (Willjams, Wright absent). The meeting adjourned at 7=43 p.m. Respectfully submitted, Jan Sutton Deputy City Clerk Approved: February 5, 1992