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HomeMy WebLinkAbout1994/12/07 - Minutes December 7, 1994 CiTY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 7, 1994, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:28 p.m. by Mayor William J. Alexander. Present were Councilmembers: James V. Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Rick Gomez, Community Development Director; Jen'y B. Fulwood, Deputy City Manager; Linda D. Daniels, RDA Manager; Brad Bullet, City Planner; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Jim Frost, City Treasurer; Sandy Ramirez, Resource Services Supervisor; Mary Kuhn, Personnel Analyst I; Suzanne Ota, Community Services Manager; Paula Pachon, Management Analyst II; Deborah Clark, Library Manager; Ouane Baker, Assistant to the City Manager; Chief Dennis Michael, Deputy Fire Marshal Ralph Crane and Fire Inspector Susan De Antonio, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Jan Sutton, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Jack Lam, City Manager, requested that an item be added to report on the City's Investment Policy. C. COMMUNICATIONS FROM THE PUBLIC C1.John Van Doren, resident, congratulated the Council and felt the new group would work well together, and reiterated his interest in serving the City on a committee or task force. C2. Mark Davidson, resident and local business owner, addressed the Council about the proposed legislation for 24-hour convenience stores and encouraged them to discuss this matter as soon as possible. He stated originally he felt this would be expensive and intrusive to the business owner, but in light of the recent incident at the gas station on Foothill Boulevard, he realized they were all vulnerable to random acts of violence. He urged the new Council to enact the guidelines that were discussed previously. City Council Minutes December 7, 1994 Page 2 D. CONSENT CALENDAR D1. Approval of Minutes: September 21,194 October 5, 1994 (Gutierrez absent) November 2, 1994 D2. Approval of Warrants, Register Nos. 11/9/94, 11/16/94 and 11/23/94; and Payroll ending 11/3/94 for the total amount of $1,717,065.51. (1) D3. Approval to authorize the "Notice Inviting Bids" for the Rancho Cucamonga Neighborhood Center CCTV and Monitoring System Project, to be funded through Community Development Block Grant Program - Account Number 28-4333-9105. (0601-01 BID) RESOLUTION NO. 94-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "RANCHO CUCAMONGA NEIGHBORHOOD CENTER CCTV AND MONITORING SYSTEM PROJECT," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS ( ? ) D4. Approval of an application to the California Integrated Waste Management Board for Waste Oil Block Grant Funds. (0402-05 GRANT) RESOLUTION NO. 94-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT (3) D5. Approval of a Mills Act Agreement 94-01 - Cucamonga Service Club - Approval to execute a Mills Act Contract with the Cucamonga Service Club for the restoration of the Central Public School (Sweeten Hall), a designated local landmark, located at 9324 San Bernardino Road - APN 208-111-09. ITEM REMOVED FOR DISCUSSION BY COUNClLMEMBER WILLIAMS. (0602-01 CONTRACT) RESOLUTION NO. 94-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MILLS ACT AGREEMENT NO. 94-01 (ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR THE HISTORIC LANDMARK PROPERTY LOCATED AT 9324 SAN BERNARDINO ROAD, APN: 209-11-09 (4) D6. Approval to execute a Grant of Easement Appurtenant Agreement with General Dynamics Corporation for a Drainage Easement over a certain portion of the proposed golf course in favor of the City of Rancho Cucamonga. (1001-01 EASEMENT) City Council Minutes December 7, 1994 Page 3 D7. Approval to award and authorization for execution of a contract (CO 94-082) with Hovey Electric for (5) Traffic Signal and Safety Lighting at the intersection of Archibald Avenue and Eighth Street, for the amount of $114,180.00 ($103,800.00 plus 10% contingency) to be funded from Intermodal Surface Transportation Efficiency Act (Formerly Federal Aid Urban), Account No. 24-4637-8914. (0511-01 AWARD) (0602-01 CONTRACT) D8. Approval to award and authorization for execution of a contract to IWA Engineers (CO 94-083) of (6) Fountain Valley in the amount of $14,708.00, and Fundament and Associates (CO 94-084) of Irvine in the amount of $6,000.00 for the development and preparation of technical specifications and special provisions for janitorial/painting and HVAC service contract respectively. Funding for Technical Services to be provided from Facilities Maintenance Account No. 01-4245-6028. (0511-01 AWARD) (0602-01 CONTRACT) D9. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting (7) Maintenance District Nos. 1 and 6 for MDR 94-21, located at the southwest corner of Buffalo Avenue and Eighth Street, submitted by Honeyville Grain Incorporated. (0702-02 ANNEXATION) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 94-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND6 FOR MDR 94-21 (APN: 229- D10. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation (8) to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Conditional Use Permit 93-04, located at the southeast corner of 5th Street and Lucas Ranch Road, submitted by EZE Trucking, Incorporated. (0602-01 AGREE IMPR) (0702-02 ANNEXATION) (0401-03 LNSCAPE MD) (0401-03 ST L'I~ MD) RESOLUTION NO. 94-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT NO. 93-04 RESOLUTION NO. 94-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CONDITIONAL USE PERMIT NO. 93-04 D11. Approval to execute Improvement Agreement Extension for Tract 12332-2, located on the southeast (9) corner of Haven Avenue and Tackstem Place, submitted by J.C.C. Development. (0602-01 AGREE EXTN) City Council Minutes December 7, 1994 Page 4 RESOLUTION NO. 94-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12332-2 '10 ) D12. Approval to execute Improvement Agreement Extension for Parcel Map 12854, located on the west side of East Avenue between Catalpa Street and Victoda Street, submitted by Style Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 94-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 12854 11) D13. Approval to accept the 1993/1994 Fiscal Year Street Rehabilitation Program, Various Locations, Contract No. 94-028, as Complete, Release the Bonds and Authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $771,151.26. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 94-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 1993/1994 FISCAL YEAR STREET REHABILITATION PROGRAM, VARIOUS LOCATIONS PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Curatalo to approve the staff recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 4-0 (Curatalo abstained on all minutes, Gutierrez abstained on the minutes of October 5, 1994). DISCUSSION OF ITEM DS. Approval of a Mills Act Agreement 94-01 - Cucamonga Service Club - Approval to execute a Mills Act Contract with the Cucamonga Service Club for the restoration of the Central Public School (Sweeten.Hall), a designated local landmark, located at 9324 San Bernardino Road - APN 208-111- 09. Councilmember W~lliams asked if the applicant has indicated what they will do to upgrade the building. Brad Buller, City Planner, stated the representatives of the Cucamonga Service Club have indicated they have an active plan for renovation, which will be monitored by Planning staff. Councilmember Williams stated then if no positive action was taken, the City could do something about it. Brad Buller, City Planner, stated the agreement is reviewed annually and it could be terminated. City Council Minutes December 7, 1994 Page 5 RESOLUTION NO. 94-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MILLS ACT AGREEMENT NO. 94-01 (ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR THE HISTORIC LANDMARK PROPERTY LOCATED AT 9324 SAN BERNARDINO ROAD, APN: 209-11-09 MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 94-238. Motion carried unanimously, 4-0. E. CONSENT ORDINANCES El. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 94-05 - CITY OF RANCHO (12) CUCAMONGA (0203-03 DC AMEND) Jan Sutton, Deputy City Clerk, read the title of Ordinance No. 538. ORDINANCE NO. 538 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT NO. 94-05, AMENDING THE DEVELOPMENT CODE, CHAPTER 17.24, HILLSIDE DEVELOPMENT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and adopt Ordinance No. 538 Motion carried 3-0-0-1 (Curatalo abstained). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION TO AMEND COMPREHENSIVE FEE SCHEDULE (Continued from October (13) 19, 1994) Staff report presented by Robert Dominguez, Administrative Services Director. (0401-12 FEES) Councilmember Gutierrez asked again about the fee for the sports facility, and if they have not had a fee in the past. Jack Lam, City Manager, stated most of the fees that are in the report are fees that are currently charged, but have never been enacted formally. Staff wanted to make certain the fees were fair before adopting a formal resolution. Councilmember Gutierrez asked if there were any revenue calculations available. Jack Lam, City Manager, stated there are calculations which would be provided to him. Councilmember Curatalo stated the report referred to adult activities, and asked if there were any youth programs at the Sports Complex. City Council Minutes December 7, 1994 Page 6 Suzanne Ota, Community Services Manager, stated the fees shown are for the stadium as well as the park, and the fees are the same for both adult and youth. She stated the Sports Complex was primarily used by adults. She stated there are fees for certain areas that are utilized by youth, but the programs that are there now are City related programs, such as at the roller hockey area, so there is no fee charged. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 94o091A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 94-091 TO ESTABLISH FACILITY RENTAL AND RELATED FEES FOR THE ADULT SPORTS COMPLEX RESOLUTION NO. 94-091B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 94-091 TO ESTABLISH FEES TO RECOVER COSTS INCURRED WHEN STORING, TOWING AND IMPOUNDING VEHICLES RESOLUTION NO. 94-091C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC^MONGA, CALIFORNIA, TO RECOVER COSTS FOR CITATION PROOF OF CORRECTIONS MOTION: Moved by Curetalo, seconded by VVilliams to approve Resolution Nos. 94-091A, 94-091B, and 94- 091C. Motion carried unanimously, 4-0. G, PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS ( 14 ) HI. REPORT ON CITY'S INVESTMENT POLICIES (0408-00 INVESTMENT) Jim Frost, City Treasurer, stated even though they were not associated with any of the Orange County investments, there was sure to be a tdckle down effect that will be felt by all cities. He stated the Investment Policy was approved in July of this year, as it is every year. He stated those policies are based somewhat on draft investment policy guidelines set out by the Municipal Treasurer's Association of California and the California Society of Financial Officers. He stated the City's existing policy is even more restrictive than that City Council Minutes December 7, 1994 Page 7 allowed by the State, and in practice they are more restrictive than the policy provides for. He explained how the rise in interest rates in the 1980's have affected investment policies. He stated the City's policy is based on three things, 1) safety, 2) liquidity and 3) yield. He stated their primary fund is the Local Agency Investment Fund (LAIF) out of Sacramento, which is very safe and pays a reasonable return. Councilmember Gutierraz asked what is the longest maturity they have. Jim Frost, City Treasurer, stated they have several instruments which mature in 2012 and 2017. One is a Small Business Administration Loan they have had since 1986. Councilmember Gutierrez stated he appreciates staff's work. He also explained why he abstains from voting on the Investment Schedule because of a conflict of interest with his employment. ACTION: Report received and filed. I. COUNCIL BUSINESS I1. DISCUSSION ON FILLING VACANCY ON THE CITY COUNCIL Staff report presented by James (15) Markman, City Attorney, who referred to a memo given to the Council explaining how they could fill the vacancy per the Government Code either by appointment or special election. (0701-01 VACANCY) Councilmember Curatalo felt the citizens have spoken and they should fill the vacancy by appointment. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: John Van Doren, resident, thought if you asked, people would say they would like to choose, but felt the Council should go with the next highest vote getter which would be the most cost effective manner of choosing. Jim Frost stated he was speaking as a former Mayor and member of the only City Council that had to make an appointment to fill a vacancy. He stated if they were to go with the next highest vote getter, that would be Chuck Buquet, it was just in a different race. He felt the third candidate in the Council race would be an excellent candidate, but suggested they avoid selecting a candidate because they ran for Council and were the first loser. He felt they should consider other reasons when appointing someone. Primo Morales, resident, felt the people have let the Council know who they want and they should appoint the next highest vote getter. David Masters, resident, asked if the City had an estimate on how much a special election would cost. Jack Lam, City Manager, stated a special election could run from $45-65,000. David Masters asked James Markman if in any of the other cities he has worked for if their councils have been presented with a similar situation and how they dealt with it. James Markman, City Attorney, stated he has seen this situation occur six times, and five out of the six councils went with the appointment process. He stated the sixth council had an ordinance that required a special election be held. City Council Minutes December 7, 1994 Page 8 David Masters felt as a resident the appointment process would be appropriate, but who the particular candidates would be should be considered. He concurred with Mr. Frost's comments and felt other people might be interested and qualified. He encouraged the Council to fill the vacancy by appointment, but to open it up to the residents to decide if they want the next highest vote getter or if they wanted someone else. There being no further response, the public comments were closed. Councilmember Williams felt they should go with an appointment. Councilmember Gutierrez agreed they should go with the appointment process due to the cost of holding a special election, and that the people have given them the right to exercise their own judgement. He stated there was merit to the points brought up by Mr. Frost, but felt in this instance the next highest vote getter would be very qualified, and thus he would support appointing Paul Biane to fill the vacancy. Mayor Alexander stated that during the campaign process the candidates went to a lot of effort to meet the public and discuss their concerns, and felt that Paul Biane was deserving of the appointment, not only because of his placement on the ballot, but also as a responsible representative for both the business and residential community. He fait the campaign was a type of selection process. Councilmember Curatalo asked if they needed to do this as a two step process, or if everything could be accomplished this evening. James Markman, City Attorney, stated they could include both actions in one motion. MOTION: Moved by Gutierrez, seconded by Curatalo to fill the vacancy on the Council by appointing Paul Biane, and to have him sworn in at the meeting of December 21, 1994. Motion carried unanimously, 4-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Councilmember Curatalo asked to discuss the reinstatement of the Public Safety Commission. J2. Councilmember Gutierrez asked for a report on all the different sports facilities and proposed development of sports facilities within the City. J3. Councilmember Gutierrez asked for a report on the progress of the old library building and the use of the Neighborhood Center. J4. Councilmember Gutierrez asked for a discussion item on the new City seal and how it is to be used on publications and certificates. J5. Councilmember Gutierrez asked for the convenience store ordinance to be brought back to the Council. City Council Minutes December7,1994 Page 9 K. COMMUNICATIONS FROM THE PUBLIC KI. Councilmember Gutierrez announced that Alta Loma High School's football team would be going to the C.I.F. play-offs. L. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Curatalo to adjourn to Executive Session per Government Code 54956.9 to discuss pending litigation regarding the Booking Fee Lawsuit with San Bemardino County. Motion carded unanimously, 4-0. The meeting adjourned at 8:20 p.m. Respectfully submitted, Sutton Deputy City Clerk Approved: Februa~ 15, 1995