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HomeMy WebLinkAbout1999/04/07 - Minutes April 7, 1999 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetina A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held Wednesday, April 7, 1999, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:14 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Mitch Slagerman, St. RDA Analyst; Jan Reynolds, RDA Analyst; Dan Coleman, Principal Planner; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; John Thomas, Plan Check Manager; Kevin McArdle, Community Services Director; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Dave Lau, Rancho Cucamonga Police Depadment; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation declaring the month of April as Earthquake Preparedness Month. Mayor Alexander presented the proclamation to Dennis Michael. B2. Presentation of a Proclamation to Heritage Hospital on the occasion of their Community Health Fair. Mayor Alexander stated on April 24 there will be a health fair at Heritage Hospital and encouraged everyone to attend. B3. Presentation of a Proclamation declaring the week of April 12 - 18, 1999, as Architecture Week in Rancho Cucamonga. Mayor Alexander presented the Proclamation to John Melcher. City Council Minutes April 7, 1999 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Heather Donesky of the AIta Loma Riding Club complimented the City on Heritage Park. She stated she would like money to be allocated for trail connections and walk throughs to benefit the trail system. Mayor Alexander stated this could be agendized for a future meeting. D. CONSENTCALENDAR D1. Approval of Warrants, Register Nos. 3/10/99 3/17/99 and 3/24/99, and Payroll ending 2/28/99, for the total amount of $2,055,977.03. D2. Approval of the Park and Recreation Commission's recommendation to install two (2) Coca Cola beverage machines in Spruce Avenue Park. ITEM REMOVED FOR DISCUSSION BY COU NCILMEMBER WILLIAMS. D3. AccepttheAssumpti~n~fLiabi~ityRider~transferring~iabi~ityf~rtheFaithfu~Perf~rmanceB~ndand Labor and Material Bond for Tract 12659-2, located at Etiwanda and Wilson Street, from ForemaWs Fund Insurance Company to Safeco Insurance Company of America, submitted by Centex Homes. D4. Approval of a Resolution of Intention to Vacate portions of two alleys, generally within the Northtown area, located on the south side of Feron Boulevard, west of Hermosa Avenue, and setting the date of the public hearing for May 5, 1999. RESOLUTION NO. 99-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF ALLEYS GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE D5. Approval to enter into an agreement with Southern California Edison (CO 99-032) for the routing of utility lines in the vicinity of Arrow Highway and White Oak Avenue at a cost not to exceed $130,000. The project is to be funded from RDA Account 15-51000. D6. Approval of Improvement Agreement and Improvement Securities for Tract 13851, located nodh of Wilson Avenue, west of Deer Creek Channel, submitted by DPDG Fund 1, LLC, and release of previously submitted Improvement Agreement and Improvement Securities accepted by City Council on January 3, 1990, and on August 1, 1990, respectively, submitted by Pacific International Development, Inc. RESOLUTION NO. 99-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND IMPROVEMENT SECURITIES FOR TRACT 13851 AND RELEASING THE IMPROVEMENTAGREEMENTAND IMPROVEMENTSECURITIESPREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 3, 1990, AND AUGUST 1, 1990, RESPECTIVELY City Council Minutes Apd17,1999 Page 3 D7. Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 14509, located east of Hermosa Avenue, south of Wilson Avenue, submitted by ICSWH Hermosa, LLC. RESOLUTION NO. 99-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 14509, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 99-078 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 TRACT 14509 D8. Approval to amend the contract agreement with LSA, Inc. (CO 98-015) to augment the budget for the Victoria Arbors Project. D9. Approval to renew the contract (CO 97-039) with Holiday Printing for the printing of the Grapevine in the amount of $64,600.00 for four issues. D10. Approval of renewal of the Collection Center Household Hazardous Waste Agreement (CO 99-033) with the County of San Bernardino Services Area 70, Consolidated Fire District (CSA 70 CFD). D11. Approval to award and authorize the execution of the Contract (CO 99-034) for construction of the Day Creek Blvd., from Base Line Rd. to Highland Ave. and the Highland Ave. Relocation Improvement Project to the apparent low bidder. Vance Corporation, in the amount of $2,370,486.74 ($2, 154,987.95 plus 10% contingency) to be funded from Account No. 32-4637-9710 $53,308.20 ($48,462.00 plus 10% contingency); Account No. 32~4637-8599, $968.283.75 ($880,257.95 plus 10% contingency); Account No. 35-4637-9710, $107,444.70 ($97,677.00 plus 10% contingency); Account No. 224637-9710, $453,970.00 ($412,700.00 contingency); Account No. 15-51000, $428,532.50 ($389,575.00 plus 10% contingency); and funds from CCWD in the amount of $205,249.00 ($186,590.00 plus 10% contingency) and funds from Lewis Homes in the amount of $153,688.00 ($139,716.00 plus 10% contingency). D12. Approval to award and authorize the execution of the Contract (CO 99-035) for the Soils and Materials Testing of the Day Creek Boulevard, from Base Line Road to Highland Avenue and the Highland Avenue Relocation Improvement Project to RMA Group in the amount of $37,532.98 ($34, 120.00 plus 10% contingency) to be funded from Account No. 32-4637-9710, $1,501.28 ($1,364.00 plus 10% contingency); Account No. 22-4637-9710, $7,506.40 ($6,824.00 plus 10% contingency); Account No. 15-51000, $6,254,82 ($5,686.20 plus 10% contingency); Account No. 32-4637-8599, $15,688.20 ($14,262.00 plus 10% contingency); and funds from CCWD in the amount of $6,581.30 ($5,983.00 plus 10% contingency). D13. Approval to award and authorize the execution of the Contract (CO 99-036) for the construction surveying of the Day Creek Boulevard, from Base Line Road to Highland Avenue, and the Highland Avenue Relocation Improvement Project to Derbish, Guerra and Associates in the amount of $80,828.00 ($73,480.00 plus 10% contingency) to be funded from Account No. 32-4637-9710 ($3,500.00 plus 10% contingency); Account No. 22-4637-9710, $16,165.60 ($14,696.00 plus 10% contingency); Account No. 15-51000, $19,837.40 ($18,034.00 plus 10% contingency); Account No. 32-4637-8599, $33,143.00 ($30, 130.00 plus 10% contingency); and funds from CCWD in the amount of $7,832.00 ($7,120.00 plus 10% contingency). City Council Minutes April 7, 1999 Page 4 D14. Approval and execution of an EasementJAgreement (CO 99-037) between the San Bernardino Associated Governments/San Bernard ino County Transportation Authority (SANBAG) and the city of Rancho Cucamonga, granting the City an easement for public street, highway and/or public utility purposes over the Baldwin Park Branch Railroad right-of-way for Day Creek Boulevard. RESOLUTION NO. 99-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF THE EASEMENT/AGREEMENT BETWEEN THE SAN BERNARDINO ASSOCIATED GOVERNMENTS/SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA GRANTING THE CITY AN EASEMENT FOR PUBLIC STREET, HIGHWAY AND/OR PUBLIC UTILITY PURPOSES OVER THE BALDWIN PARK BRANCH RAILROAD RIGHT OF WAY FOR DAY CREEK BOULEVARD D15. Approval and execution of Cooperative Agreement (CO 99-038) between the City of Rancho Cucamonga and the State of California, Department of Transportation for the design and construction of Foothill Boulevard Median Islands from Vineyard to Haven Avenues and Bridge Widening over Deer Creek Channel. RESOLUTION NO. 99-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND EXECUTING THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF RAN C HO CUCAMONGA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF FOOTHILL BOULEVARD MEDIAN ISLANDS FROM VINEYARD TO HAVEN AVENUES AND BRIDGE WIDENING OVER DEER CREEK CHANNEL D 16. Approval to award and authorize the execution of the Contract (CO 99-039) for painting and exterior stucco repair to the Sports Facility, to Xios Painting of California, in the amount of $25,929 (plus 10% contingency) to be funded from Fund 25-4285-7043. D17. Approval to award and authorize the execution of the Contract (CO 99-040) for the Security System Upgrade to Assi Security of Irvine, California, in the amount of $295,000 (plus a $5,000 contingency) to be funded from Fund 14-51000 ($80,000) and Fund 17-51000 ($220,000). ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER BIANE. D 18. Approval to award and authorize the execution of the Contract (CO99-041) for the construction of the FY 1998/99 Residential Street Rehabilitation and Overlay Project to the apparent low bidder in the amount of $292,694.77 ($266,086.15 plus 10% contingency) to be funded from Measure I Account No. 32- 4637-9113. D19. Approval of Lease Amendment No. 13 between the City and Inland Valley Professional Baseball setting office rent and adjusting police security cost for the 1999 baseball season. ITEM CONTINUED TO APRIL 21, 1999. D20. Approval to accept improvements, release the Faithful Performance Bond and file a "Notice of Completion" for improvements for DR 97-30, located north of Bell Court and east of Red Oak. City Council Minutes April7,1999 Page 5 Release: Faithful Performance Bond $10,500.00 WCN1189181 RESOLUTION NO. 99-081 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 97-30, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to release the Faithful performance Bonds and accept Maintenance Bonds for Tract 13565, submitted by Richmond American Homes and Standard Pacific. D22. Approval to release the Maintenance Bond for Parcel Map 15027, located on the north side of Vicara Drive, east of Sapphire Street. Release: Maintenance Bond - Cash $1,805.00 D23. Approval of Improvement Agreement Extensions for Tracts 15727-1, -2 and -3, located on Fourth Street, east of Archibald Avenue, submitted by Griffin Industries. RESOLUTION NO. 99-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENTAGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 15727-1, -2 AND -3 MOTION: Moved by Dutton, seconded by Willjams to approve the balance of the staff recommendations in the staff reports contained in the Consent Calendar with the exception of items D2, 17 and 19. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D2: Approval of the Park and Recreation Commission's recommendation to install two (2) Coca Cola beverage machines in Spruce Avenue Park. Councilmember Williams inquired if these get graffiti on them, who will clean it. Kevin McArdle, Community Services Director, stated on the agreement it states that it will be the responsibility of Coca Cola. Councilmember Willjams stated she wants to make sure they will keep these clean at all times. Jack Lam, City Manager, stated that within the agreement the word "graffiti" could be added after the word vandalism. Councilmember Williams stated she wanted to make sure there is enough trash receptacles for the plastic bottles also. MOTION: moved by Williams, seconded by Dutton to approve item D2. Motion carried unanimousty 5-0. City Council Minutes April 7, 1999 Page 6 DISCUSSION OF ITEM D17: ApprovaltoawardandauthorizetheexecutionoftheContract(CO99- 040) for the Security System Upgrade to Assi Security of Irvine, California, in the amount of $295,000 (plus a $5,000 contingency) to be funded from Fund 14-51000 ($80,000) and Fund 17-51000 ($220,000). Councilmember Biane felt for the record he would like for Joe to give a verbal staff report per the report included in the agenda packet. Jack Lam, City Manager, stated this will include other City facilities as well. MOTION: Moved by Biane, seconded by Willjams to approve the contract. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.30 OF THE MUNICIPAL CODE REVISING DAYTIME CURFEW REGULATIONS E1 and E2. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 598 and 599. ORDINANCE NO. 598 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND REVISING DAYTIME CURFEW REGULATIONS E2. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 7 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REVISING THE TELECOMMUNICATIONS REGULATIONS ORDINANCE NO. 599 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A TELECOMMUNICATIONS REGULATORY ORDINANCE AND AMENDING TITLE 7 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Dutton, seconded by Curatalo to waive full reading and approve Ordinance Nos. 598 and 599. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS No Items Submitted. City Council Minutes April 7, 1999 Page 7 No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF A LEASE AGREEMENT (CO 99-042) BETWEEN THE CITY OF RANCHO CUCAMONGA AND WESTERN LAND PROPERTIES/LEWIS RETAIL PROVIDING A FACILITY FOR THE 1999 SUMMER PERFORMING ARTS ACADEMY Staff report by Kevin McArdle, Community Services Director. Councilmember Curatalo commended Kevin McArdle and Lewis Homes for developing this program because of all it added to the City. MOTION: Moved by Willjams, seconded by Dutton to approve the agreement. Motion carried unanimously, 5-0. H2. CONSIDERATIONOFQUAKE'SREQUESTFORCITYTOWAIVEFEESFORPROPOSEDFOUR- DAY BASEBALL CLINIC ITEM CONTINUED TO APRIL 21, 1999 H3. APPROVAL OF A RESOLUTION AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND AMERICAN CABLE ENTERTAINMENT COMPANY, LLC; AND APPROVAL OF A RESOLUTION AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION OF INLAND VALLEY, INC. Staff report presented by Bill Rudell, Cable Attorney with Richards, Watson and Gershon. Councilmember Williams asked how the transfer would take place and how it would affect the franchise. Bill RudeH, Cable Attorney, stated Ace Cable negotiated a transfer with Charter Communications. They submitted a FCC394 form to the City to start this process. He stated after the attorney reviews all of the documents and if everything goes well, the transfer could be approved at the next meeting. Councilmember Williams confirmed this is only to approve the franchise agreement and that the transfer is a separate matter. Councilmember Biane pointed out that time is of the essence as Mr. Rudell pointed out because of the fast pace of this industry. Councilmember Dutton asked Charter Communication how long they would be around. Bill Matthews, Charter Communications Regional Office in Alhambra, stated it is their intent to be in business for a long time and looked forward to being "the" cable operator in Rancho Cucamonga. Councilmember Dutton stated some time back Marks took away basic service and further stated he hoped Charter would reconsider this once they took over. He asked if they would consider this. City Council Minutes April 7, 1999 Page 8 Bill Matthews, Charter Communications, stated they would consider this and will investigate it through the upgrade of the system. He stated it is a possibility and that they do have various tiers of service that they can offer in Rancho Cucamonga. Councilmember Willlares asked what the tiers would cost. Bill Matthews stated between $15 - $20 between the various tiers. Councilmember Curatalo asked Mr. Matthews to explain basic service. Bruce Armstrong stated they currently have three levels of service. He continued to explain them. Councilmember Curatalo asked if we currently have limited basic service. Mr. Armstrong stated the City does not and stated they are not able to change things because of the amount of time they have left. Mr. Matthews stated Charter is making a commitment tonight to consider a basic tier. Councilmember Williams stated she was disappointed that Ace was able to offer basic service to Victorville, but not Rancho Cucamonga and felt the residents got a bad deal. Mr. Armstrong stated they were able to do this because that is how it was when they purchased the system. Jerry Fulwood, Deputy City Manager, pointed out that in Section 3 of the Resolution, American Cable's amount is "not to exceed $10,000" and Comcast's amount is "not to exceed $20,000". RESOLUTION NO. 99-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND AMERICAN CABLE ENTERTAINMENT COMPANY, LLC RESOLUTION NO. 99-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION OF INLAND VALLEY, INC. MOTION: Moved by Dufton, seconded by Willjams to approve Resolution Nos. 99-083 and 99-084. Motion carried unanimously, 5-0. No Items Submitted. I. COUNCILBUSINESS City Council Minutes April 7, 1999 Page 9 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Curatalo stated the City of San Luis Obispo has a video on how to start a Farmers Market in a City. He stated he would like this to be considered in the City, but only for a Farmers Market, not a Flea Market. He would like staff to investigate this and report back. K. COMMUNICATIONS FROM THE PUBLIC K1. CODE ENFORCEMENT ISSUE BY PROPERTY OWNER GARY YOUELL Gary Youell stated he has property at 9307 19th Street. He continued to explain the information that was listed in his letter. He stated now the City has filed a lawsuit against him and cannot discuss the matter tonight. He felt his property was nice and should not have had the lawsuit filed on him. He felt the property was comparable to his neighbors. Mayor Alexander stated the Council is limited as to what they can say and do tonight, but that they would look into this. Councilmember Dutton stated possibly the Council could look at the Ordinance relating to property maintenance and discuss this. James Markman, City Attorney, stated this has gone through the City Prosecutor's office and that it has gone through many levels of code enforcement already. He stated the best thing for the owner to do is let the code enforcement officer know the corrections have been made. ACTION: Report received and filed. L. ADJOURNMENT MOTION: Moved by Dutton, seconded by Biane to adjourn to executive session to discuss Property Negotiations per Government Code Section 54956.8 for property located at Rochester, between Foothill Boulevard and Arrow Route; Jerry Fulweod, Deputy City Manager, negotiating party; regarding terms of payment. Motion carried unanimously, 5-0. The meeting adjourned at 8:16 p.m. No action was taken in executive session. Respectfully submitted, City Clerk Approved: May 19, 1999