HomeMy WebLinkAbout1995/12/06 - Minutes December 6, 1995
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Re.qular Meefin~l
A. CALLTO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 6, 1995, in the
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
The meeting was reconvened at 8:04 p.m. by Mayor William J. Alexander (having previously been called to
order dudng the Redevelopment Agency meeting).
Present were Councilmembers: Paul Biane, James V. Curatalo, Rex Curatalo, Diane Williams, and Mayor
William J. Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City
Manager; Linda D. Daniels, RDA Manager; Olen Jones, Sr. RDA Analyst; Jan Reynolds, Assistant RDA Analyst;
Brad Buller, City Planner; Scott Murphy, Associate Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building
Official; Mary Kuhn, Personnel Analyst I; Loretta Loiko, Benefits Technician; Suzanne Ota, Community Services
Manager; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal,
Management Analyst II; Chief Dennis Michael, Deputy Chief Bob Corcoran and Battalion Chief Ron Mayfleld,
Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department;
and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
No announcements or presentation were made.
C. COMMUNICATIONS FROM THE PUBLIC
No communications were made from the public.
D. CONSENT CALENDAR
Jack Lam, City Manager, announced that Item D11 would be removed from the agenda tonight and would
come back at a future meeting.
DI. Approval of Minutes: October 18, 1995 (Curatalo and Williams absent)
D2. Approval of Warrants, Register Nos. 11/8/95 and 11/15~95; and Payroll ending 11/2/95 for the total
amount of $2,260,706.60.
City Council Minutes
December 6, 1995
Page 2
D3. Approval to receive and file current Investment Schedule as of October 31, 1995.
D4. Alcoholic Beverage Application for On-Sale Beer and Wine for Jack's Restaurant, C & V Restaurants
Incorporated, 8678 19th Street.
D5. Alcoholic Beverage Application for On-Sale Beer and Wine for Arrow Deli, Byung Nam and Yeong le
Khe, 10970 Arrow Route, Suite 101.
D6. Alcoholic Beverage Application for Off-Sale General for Liquor Land 2, Dalai D. And Khalil I. Dib, 9255
Base Line Road, Unit E.
D7. Approval of Map, execution of an Improvement Agreement, Improvement Securities, Monumentation
Cash Deposit, MWD Permanent Easement Deed and Ordering the Annexation to Landscape Maintenance
District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13890, located on the south side
of Banyan Street, north of Highland Avenue and west of the Deer Creek Channel, submitted, by Greystone
Homes, Inc.
RESOLUTION NO. 95-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 13890,
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND
MONUMENTATION CASH DEPOSIT
RESOLUTION NO. 95-162
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 13890
D8. Approval to execute Cooperative Agreement (CO 95-073), State Agreement No. 8-916, between the
California Department of Transportation and the City for Construction of a Traffic Signal and Street W~lening
on Highland Avenue (State Route 30)at East Avenue and authorization of the advertising of the "Notice Inviting
Bids" for the project. The City portion of the project will be funded from Account No. 12-4637-9310 for the
amount of $65,000.00.
RESOLUTION NO 95-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF
COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-916, FOR THE
CONSTRUCTION OF A TRAFFIC SIGNAL AND STREET WIDENING ON
HIGHLAND AVENUE (STATE ROUTE 30) AT EAST AVENUE
RESOLUTION NO. 95-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE HIGHLAND AVENUE STREET WIDENING AND HIGHLAND AVENUE AND
EAST AVENUE TRAFFIC SIGNALS IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
City Council Minutes
December 6, 1995
Page 3
D9. Approval to execute a Public/Private First Responder Agreement (CO 95-074, ref: CO FD95-008)
between the Rancho Cucamonga Fire District, City of Rancho Cucamonga and MedTrans ("Mercy") for
improved emergency medical advanced life support (paramedic) care and on-scene response time through
utilization of both public and private resources.
D10. Approval to execute an Agreement for Acquisition of Off-Site Property (CO 95-075), Security, and
Deposit for Conditional Use Permit 93-46 located at the southeast corner of Foothill Boulevard and Vineyard
Avenue, submitted by Arturo Flores and Diana Flores.
RESOLUTION NO. 95-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION OF OFF-SITE
PROPERTY, SECURITY, AND DEPOSIT FOR CONDITIONAL USE PERMIT 93-46
FROM ARTURO FLORES AND DIANA FLORES AND AUTHORIZING THE MAYOR
AND CITY CLERK TO SIGN SAME
ApF,-c, ............ (CO ..............
DI I va: ta .... :.~ o L ....^ ......... "^ ........... th~ ' ..... , :: ........ , ........
· · .... afvin~yard -- - C--t--I
,-,~,,,o ..... ,~,, ..... F,o,,y, inc. ITEM REMOVED FROM AGENDA
D12. Approval to award and authorization for execution of Janitorial Service Contracts (CO 95-077) for City
facililies to Merchants Building Maintenance of Monterey, California, in the amount of $60,036.00, to be funded
from Account No. 01-4245-6036 and $9,317.00 to be funded from Account No. 02-4532-6032
D13. Approval of a Resol~ton of Intention to approve an amendment to the contract (CO 188) between the
Board of Administration of the Public Employees' Retirement System and the City Council of the City of Rancho
Cucamonga.
RESOLUTION NO. 95-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, OF THEIR INTENTION TO APPROVE AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO PROVIDE 2%
AT 55 FULL FORMULA FOR LOCAL MISCELLANEOUS MEMBERS, INCLUDING
AN EXTENSION OF THE FUNDING PERIOD TO THE YEAR 2016
D14. Approval to Release Improvement Agreements with Lien Rights in Lieu of Completion Bonds for on-site
grading improvements for Foothill Marketplace, located on the south side of Foothill Boulevard between
Interstate 15 and Eflwanda Avenue, submitted by Foothill Marketplace Partners.
RESOLUTION NO. 95-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEMENT FROM FOOTHILL MARKETPLACE
PARTNERS
[ 7rTF-
City Council Minutes
December 6, 1995
Page 4
D15. Approval to release Faithful Performance Bond No. 9409917, and accept a reduced Faithful
Performance Bond for Tract 13703, located on the west side of Haven Avenue, north of Banyan.
Release: Faithful Performance Bond $1,443,400.00
Accept: Faithful Performance Bond 143,340.00
MOTION: Moved by Gutierrez, seconded by Biane to approve the staff recommendations in the staff reports
contained in the Consent Calendar with Curatalo and Williams abstaining from voting on the October 18, 1995
minutes. Motion carried unanimously, 5-0.
E. CONSENT ORDINANCES
No items were subm~ed.
F. ADVERTISED PUBLIC HEARINGS
Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 95-01
- PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and
Prairie Pacific Inve~E,ents for the purpose of providing a senior housing project in accordance with the Senior
Housing Oveday Distdct (SHOD), including deviating from certain development standards, for 158 apartment
units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75.
See discussion for this item in the Redevelopment Agency minutes, Item El.
Debra J. Adams, City Clerk, read the title of Ordinance No. 551.
ORDINANCE NO. 551 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 95-
01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO
CUCAMONGA AND PRAIRIE PACIFIC INVESTMENTS FOR THE PURPOSE OF
PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE
SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM
CERTAIN DEVELOPMENT STANDARDS FOR 158 APARTMENT UNITS, LOCATED
ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE -
APN: 208-031-75
MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance
No. 551 for the December 20, 1995 meeting. Motion carried unanimously, 5-0.
F2. CONSIDERATION OF A MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL -
Appeal of the Planning Commission's denial of a request to expand the cafe services within an existing indoor
soccer facility in the General Industrial Designation (Subarea 8) of the Industrial Area Specific Plan, located at
11120 Tacoma - APN: 209-471-05. Staff report presented by Scott Murphy, Associate Planner.
City Council Minutes
December 6, 1995
Page 5
Councilmember Gutierrez asked why people could not park on the streets after business hours.
Brad Buller, City Planner, stated because it is in the industrial area and that they are not meant to handle this
kind of parking.
Councilmember Biane inquired about parking commercial vehicles on the streets.
Brad Buller, City Planner, stated they are not allowed to in Rancho Cucamonga but some cities do allow this.
Joe O'Neil, City Engineer, stated you could do something designed by weight, but that trailers are always
looking for a place to store their vehicles.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Noah Kooiman, General Manager of Indoor Soccer Academy and associated with Kickers Grill, stated
if this is approved, they would have a security guard or parking lot attendant patrol the area for people
parking legally so there is no damage to the neighboring businesses' property. He felt the parking
problem would not be an issue. He read a letter from a neighbor near their business and stated they
support the modification to the CUP. He pointed out that they would like to serve beer and wine at 9:00
p.m. after the kids have left. He stated they are in support of youth programs because that is what it
is all about. He pointed out that alcohol would only be allowed inside of their business. He stated they
would like to be able to serve beer and wine, but would be happy just to have the grill.
George Franoff, associated with Kickers Grill, gave background information on himself so the Council
would feel comfortable with him and his operation. He felt this would take good management to make
this happen and felt they could make this a successful operation.
Councilmember Curatalo stated he did not agree with mixing booze, sports and food, but that he would go
along with expanding the food portion of it. He stated he would go along with the Planning Commission°s
decision.
David Davies of Rancho Cucamonga, stated he knows the Kooimans very well and has a high regard
for them. He supported what they want to do for their business. He felt the Kooimans gave a lot to the
community. He asked the Council to approve this.
Janet Veelie stated she lives in Corona. She stated she has known Noah Kooiman for three years and
had a lot of respect for him. She felt with the expansion of the grill she would be allowed more quality
time with her family while eating. She asked that the Council approve this.
Frank Franoff, father of George Franoff, complimented his son for the work he has done in the
restaurant business. He asked that the Council approve the request.
Bob AtkJnson of Rancho Cucamonga, stated he supported a nice place to sit down and eat. He stated
the boys really look up to Noah. He asked that the Council approve the request.
Larry McNiel, Alta Cuesta, stated the Planning Commission denied this because the soccer facility and
the restaurant are two separate facilities. He stated the soccer facility fits into the industrial area, but
that the restaurant would not be allowed in an industrial area.
Sam Azade, part owner of the project, asked that the Council consider the request before them tonight.
City Council Minutes
December 6, 1995
Page 6
Mark Cappelino, developer of the project, stated he felt they needed a guard outside. He stated he
felt it is two different issues when talking about the grill and the alcohol.
There being no further response, the public hearing was closed.
Brad Buller, City Planner, stated that the CUP goes with the property and does not go with the ownership of the
business. He stated the CUP now allows only the soccer patrons to eat there and that no outside patrons would
be allowed to go in and eat.
Coundlmember Gutierrez stated he did not think the bar was necessary and did not agree with that portion of
it. He stated he did not have a problem with the grill and felt the parking problem should be worked out. He
stated he would like to see a guard outside and felt this should go back to the Planning Commission. He felt
this was a good business and a benefit to the community. He just did not agree with the alcohol portion.
Councilmember Williams stated she liked the idea of the grill at this facility. She stated she did not think this
should be a sporls bar in the industrial area. She stated she has concerns for some of the code enforcement
issues. She stated she does not agree with the alcohol issue at all.
Councilmember Biane stated he is concerned about the alcohol around youths. He felt the number of police
calls for their parking problems should be addressed. He stated he did agree with the alcohol issue.
Mayor Alexander stated he did not agree with the alcohol issue, but that he would go along with the grill matter.
He felt the security guard should be stationed outside.
MOTION: Moved by Curatalo to deny the beer and wine, but to send it back to the Planning Commission to
consider the things that were discussed tonight.
Brad Buller, City Planner, stated it would go back to the Planning Commission to reconsider, but that it would
not require a new permit. He stated this would be advertised accordingly and that staff would work with the
applicant to establish the appropriate conditions in which they can address the parking, the hours, the security,
etc. This would be brought back to the Commission and further stated this could come back before the
Council.
James Markman, City Attorney, stated if the Council wants to grant the application in part as long as the
conditions can be addressed, they can continue the hearing or re-notice it when all of the matters have been
worked out. He stated parking is an issue and he did not know if they would need a variance. He stated that
would depend on the Council's direction on the hot food matter. He stated as he understood it, the Council's
direction is that they didn't care whether they heated the food or not which would not change anything as long
as they cant serve food to the general public, but only serve food to the people there for soccer activities which
Mr. McNiel spoke to. He stated if the applicant wants a restaurant open to the public, then he has a parking
problem that has not been addressed or solved and felt this should go back to the Planning Commission. He
added the Planning Commission might still have a policy objection to the idea of a restaurant open to the public
in that zone even if the perking is solved. He felt this may still come back to the Council for approval. He asked
for more clarification as to what the Council wants to do with this.
Councilmember VVilliams and Mayor Alexander stated they are only approving for a grill for soccer customers,
and not to have a restaurant open to the public.
City Council Minutes
December 6, 1995
Page 7
RESOLUTION NO. 95-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE
PERMIT NO. 94-09, A REQUEST TO EXPAND THE CAFE SERVICES WITHIN AN
EXISTING SOCCER FACILITY IN THE GENERAL INDUSTRIAL DESIGNATION
(SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11120
TACOMA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-471-05
MOTION: Moved by Curatalo, seconded by Alexander to approve Resolution No. 95-168, but to allow for the
hot gdll as long as it is ancillary and is not objectionable. Motion carried unanimously, 5-0.
Jack Lam, City Manager, stated with regard to the code enforcement issues and conditions of the guards and
so forth, this could be handled at the Planning Commission level with the staff, but that this particular issue is
resolved.
A recess was taken at 9:20 p.m. The Council reconvened at 9:37 p.m.
G. PUBLIC HEARINGS
No items were submitted.
ITEM 13 WAS HEARD AT THIS TIME, BUT THE MINUTES WILL REMAIN IN AGENDA ORDER.
H. CITY MANAGER'S STAFF REPORTS
HI. PRESENTATION OF THE COMMERCIAL LAND USE AND MARKET STUDY (Oral report by
Economic Consultant Shant Agajanian) Staff report presented by Brad Buller, City Planner, who stated that
Mr. Agajanian was present to answer any questions of the Council and the public. He stated they are here to
receive the Commission's comments and that they are looking forward to taking this further if the Council
desires.
Mayor Alexander felt there should be a workshop set to where the Council and Planning Commission and
outside representatives could be available to have more dialogue.
Mr. Shant Agajanian gave an overview of the study which is on file in the City Clerk°s office.
The following individuals gave brief comments about the study:
Jim Ackstyle, Mission Land Company
Brad Umansky, Grubb & Ellis
Wes Field, 7328 Marina
Jake Fowler, 24005 Ventura Blvd., Calabasas
Peter DeForge
Chuck Buquet, Charles Joseph Associates
City Council Minutes
December 6, 1~5
Page 8
ACTION: The Council concurred to meet jointly with the Planning Commission on December 20 at 4:00 p.m.
for a workshop to further discuss the study.
I. COUNCIL BUSINESS
I1. UPDATE ON SKATEBOARD PARK Staff report presented by Suzanne Ota, Community Services
Manager.
ACTION: Report received and filed.
12. CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY AWARENESS OF YOUTH
PROGRAMS Staff report presented by Suzanne Ota, Community Services Manager.
MOTION: Moved by Curatalo, seconded by Biane to approve staff's recommendation. Motion carried
unanimously, 5-0.
13. DISCUSSION OF MARKS CABLEVISlON RATE ADJUSTMENT AND ISSUES RELATING TO CABLE
REGULATION Staff report presented by Duane Baker, Assistant to the City Manager.
Councilmember Gutierrez stated he questioned that the people had options as to how many channels they
have to pay for. He also felt the rate increase came at the worst possible time with all that has happened with
cable problems this past year. He further added he would like to have options set tonight for a more efficient
level of service to the residents.
Councilmember Williams stated she shares everyone's frustration and wishes that there could be a more basic
rate and add on if you want more channels.
Bill Marks, Marks Cablevision, stated he felt they have really supported the community and have put
a lot into lt. He stated that of all the outages they have had, only one has been their fault. He asked
the Council what they wanted them to do to make it right.
Councilmember Curatalo asked why after three major outages did he hit the residents with a rate increase.
Mr. Marks stated it is because of an increase his company is getting to run the programs, and that he
is not getting an increase for his company's profit. He added they have hired a security company to
watch their 18 miles of cable line.
Councilmember Gutierrez asked if customers can be compensated when they have an outage.
Mr. Marks stated he felt this was fair and did not have a problem with this.
John Campbell, 6620 Santolina, stated he felt Marks was trying to do the dght thing and was giving to
the community to make things better. He stated he did not think the Council should run away from
Marks because there is a problem.
Art Bustamonte stated he agreed with Councilmember Gufierrez that he gets bad reception. He stated
he did not feel Marks should, be treated any differently than any other businessman in town.
City Council Minutes
December 6, 1995
Page 9
Jerry Wilson, 6035 Falling Tree, stated he felt he and his neighbors are paying different rates. He was
concerned about the service interruptions. He stated he did not agree with Marks' attitude towards ils
customers.
Bruce Ann Hahn, 5087 Granada Court, felt they needed to get rid of the audio on the adult channel.
She stated there is no postmark on the bill she received. She advised that you can get a rebate back
if you ask for it when there is an outage. She did not understand why people have to pay for the Disney
Channel if they don't want it. She also questioned why Marks has higher rates than Comcast.
John Morgan, 9207 Hidden Farm, stated he did not feel Marks was providing good service. He felt
their franchise agreement should be revoked.
There being no further response, public comments were closed.
Councilmember Gutierrez stated he would like to get with Councilmember Biane to discuss the issues brought
up. He suggested possibly a task force should be set up to deal with these problems.
Councilmember Biane stated he felt Marks has tried to hit some of the issues head on. He felt the City should
match whatever reward Marks is puffing outto catch the vandals. He felt it should be put on channel 3. He felt
the City should match the reduced fee for senior citizens to whatever break Marks will give them. He felt the
City needed to look at regulating cable.
Mayor Alexander agreed that the City should assist with rate reduction for senior citizens.
ACTION: To come back at the December 20, 1995 meeting after the Cable Subcommittee has met to work
on some of the issues brought up tonight.
14. CONSIDERATION TO SELECT ONE OR MORE REPRESENTATIVES TO SERVE ON THE STATE
LEAGUE POLICY COMMITTEES FOR 1996 Staff report presented by Jack Lam, City Manager.
ACTION: The Council concurred to appoint Councilmember Biane as the representative and Councilmember
Williams as the alternate.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified for the next meeting.
K. COMMUNICATIONS FROM THE PUBLIC
No communications were made from the public.
City Council Minutes
December 6, 1995
Page 10
L. ADJOURNMENT
MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously, 5-0. The meeting
adjourned at 11:53 p.m.
Respectfully submitted,
ams, CMC
City Clerk
Approved: January 17, 1996