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HomeMy WebLinkAbout1994/04/20 - Minutes April 20, 1994 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re(~ular Meetino A, CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 20, 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 7:21 p.m. by Mayor Stout. Present were Councilmembers: VV~lliam J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane williams, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda D. Daniels, RDA Manager;, Rick Gomez, Community Development Director, Brad Buller, City Planner; Joe O'Neil, City Engineer; Bob Dominguez, Administrative Services Director; Ingrid Blair, GIS Supervisor; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B, ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Declaring the Month of April as Fair Housing Month. Mayor Stout presented the Proclamation to Cathy Hasan from the Board of Realtors. B2. Presentation of Proclamation Declaring the Week of April 17 - 23, 1994 as Library Week in Rancho Cucamonga. Mayor Stout presented the Proclamation to Jack Lam, City Manager, and Councilmember Diane Williams recognizing Library Week. B3. Jack Lam, City Manager, presented a plaque to Mayor Stout from Norm and Judy Painter of Detco displaying the new City Seal which was laser etched onto a plaque. B4. Mayor Stout presented a Proclamation to Kent Crowley for his work with the Rancho Cucamonga Chamber of Commerce and commended him for the great job he has done while working there. City Council Minutes April 20, 1994 Page 2 B5. Councilmember Buquet stated he recently went to Sacramento to speak before the Assembly Transportation Commission on the Metrolink Station funding. He stated he also spoke to Assemblymembers Aguiar and Brulte telling them that he hoped funding for the Route 30 Freeway would not be hurt because of the money being spent to rebuild freeways from the earthquake. He stated he also spoke to them about the East Avenue project. He also stated he spoke to Valerie Brown to oppose AB3505. C. COMMUNICATIONS FROM THE PUBLIC C1. (Brought forward from RDA comments) Sergio Martinez and Gaylee Enezumi stated they are forming a Political Action Committee for the Route 30 issue. They asked that the May 10 meeting be held at City Hall instead of in Etiwanda. C2. Bob Lundy, 7965 Vineyard, Suite F5, Vineyard Plaza, stated May 11 is their first Board of Directors meeting this year to be held at the Sycamore Inn. He continued to inform the Council about the handout he had distributed. He hoped that someone from the City could be present at their May 11 meeting. C3. Paul Derafee of Bar Stools, Etc., stated he was President of the Route 66 organization and hoped the City would get involved in their goals and promote tourism. D, CONSENT CALENDAR Jack Lam, City Manager, stated that Item D18 should be pulled from the agenda and continued to the May 4 meeting. He added that Item D20 should be removed from the Consent Calendar because staff is requesting that the Council reject all bids and readvertise the item. D1. Approval of Warrants, Register Nos. 3/30/94 and 4/6/94; and Payroll ending 3/24/94 for the total amount of $1,573,057.69. D2. Approval to receive and file current Investment Schedule as of March 31, 1994. ( 1 ) D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Traffic Signals and Safety Lighting at the intersection of Archibald Avenue and Eighth Street, Federal Aid Project No. STPLNHG-5420 (003) to be funded from FAU Streets, Account No. 24-4637-8914. ITEM REMOVED FOR DISCUSSION BY COUNClLMEMBER GUTIERREZ (0601-01 BID) RESOLUTION NO. 94-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF ARCHIBALD AVENUE AND EIGHTH STREET, FEDERAL AID PROJECT NO. STPLNHG-5420 (003), IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS (2) D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Right Turn Lane at Archibald Avenue and Base Line Road, to be funded from Gas Tax Account No. 09-4637-9211. (0601-01 BID) City Council Minutes April 20, 1994 Page 3 RESOLUTION NO. 94-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "RIGHT TURN LANE AT ARCHIBALD AVENUE AND BASE LINE ROAD," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to authorize the advertising of the "Notice Inviting Bids" for Highland Avenue from plus or (3) minus 420 feet west of Locust Avenue to plus or minus 1,250 feet east of Locust Avenue, to be funded from Gas Tax Account No. 09-4637-9209. ITEM REMOVED FOR DISCUSSION BY MAYOR STOUT (0601-01 BID) RESOLUTION NO, 94-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "HIGHLAND AVENUE FROM PLUS OR MINUS 420 FEET WEST OF LOCUST AVENUE TO PLUS OR MINUS 1,250 FEET EAST OF LOCUST AVENUE," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to transfer City vehicle to the County of San Bernardino for police services. (1002-10 CITY (4) PROPERTY) D7. Approval of request by Rancho San Antonio Medical Center to Waive City Fee in conjunction with the ( 5 ) "Healthy Kids" Day Event. This event is sponsored by the Rancho Cucamonga Antonio Medical Center and the YMCAs of Rancho Cucamonga and Upland and is open to the public with no charge. (0401-12 FEES) D8. Approval of a Temporary Variance of Sports Field Lighting at Heritage Park from July 5 - 30, 1994. (6) (1002-02 VARIANCE) D9. Approval to extend Comcast Cable TV Franchise. (1205-01 CATV) (7) RESOLUTION NO. 91-012P A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE VVITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA D10. Approval to Destroy Records and Documents which are no longer required as provided under (8) Government Code Sections 34090 and 34090.5. (0304-00 REC MGMT) RESOLUTION NO. 94-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTIONS 34090 AND 34090.5 City Council Minutes April 20, 1994 Page 4 ( 9 ) D11. Approval of Resolution amending Resolution No. 93-142 to incorporate Personnel Classifications and Salary Benefits for Library Services Position for Fiscal Year 1993/94. (0502-04 SALARY) (0502-02 PERSONNEL) RESOLUTION NO. 93-142-C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 93-142 TO INCORPORATE PERSONNEL CLASSIFICATIONS AND SALARY BENEFITS FOR LIBRARY SERVICES POSITION FOR FISCAL YEAR 1993/94 (10) D12. Approval to set annual special tax for Community Facilities District No. 93-3 (Foothill Marketplace). (0403-01 COM FAC DI) RESOLUTION NO. 94-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) ( 11 ) D13. Approval of a Resolution establishing an annual levy within the Alta Loma Channel District No. 84-2, the Sixth Street Industrial Park Refund Distdct No. 82-1 R, the Rancho Cucamonga Drainage Distdct No. 86-2 and Milliken South of Arrow District No. 89-1. (0401-03 ASS DIST) RESOLUTION NO. 94-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS (12) D14. Approval to set annual special tax for Community Facilities District No. 84-1 (Day Creek Drainage System). (0403-01 COM FAC DI) RESOLUTION NO. 94-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) ( 13 ) D15. Approval to execute a Release of Real Property Improvement Contract and Lien Agreement for 5354 Haven Avenue, located on the southwest corner of Vista Grove Street and Haven Avenue, submitted by Hills[de Community Chumh. (0602-01 AGREE R I/L) RESOLUTION NO. 94-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR 5354 HAVEN AVENUE City Council Minutes April 20, 1994 Page 5 D16. Approval to execute a contract (CO 94-022) with the County of San Bernardino for the collection of (14) special assessments for Community Facilities District No. 93-3 (Foothill Marketplace). (0602-01 CONTRACT) D17. Approval to execute two (2) Lease Agreements (CO 94-023 and CO 94-024) between the City of (15) Rancho Cucemonga (Lessor) and the Rancho Cucamonga Fire Protection District (Lessee) for Fire Station No. 4 and Fire Station No. 5 respectively. (0602-01 AGREE LEAS) D18. Approval to appropriate funds from Fund 12 - Transportation Development Act (TDA) Article 8 in an ( 16 ) amount of $326,000.00 and an award and authorization to execute contract (CO 94-025) for the Rancho Cucamonga Metrolink Station, Phase I, located at Milliken Avenue and the Metrolink Railway, to Riverside Construction for the amount of $3,119,728.70 ($2,836,177.00 plus 10% contingency), to be funded from San Bernardino County Measure I Account No. 37-4637-9326, State Proposition 108 Passenger Rail Bond Act Account No. 36-4637-9326, and TDA Article 8 Account No. 12-4637-9326. ITEM REMOVED FOR DISCUSSION ((0511-01 AWARD) (0602-01 CONTRACT) (0401-21 FUND APPRO) D19. Approval to award and authorization to execute contract (CO 94-026) for the Etiwanda Community (17) Trail Drainage Improvements and Trail Modifications, located west of Etiwanda Avenue and south of Highland Avenue, to KDK Engineering Constructors for the amount of $158,591.40 ($144,174.00 plus 10% contingency), to be funded from Account No. 41.4130-9321. (0511-01 AWARD) (0602-01 CONTRACT) 15000. ITEM REMOVED FROM AGENDA (0511-01 AWARD) (0602-01 CONTRACT) D21. Approval to award and authorization to execute contract (CO 94-028) with IPS Services, Incorporated (19) for the 1993/94 Fiscal Year Street Rehabilitation Program at Vadous Locations, which includes Hot Asphalt Rubber Overlay, Cape Seal and Slurry Seal, for the amount of $648,162.48 ($589,238.62 plus 10% contingency), to be funded from Systems Development Funds, Account No. 22.4637-9313, 22-4637-9311 and Account No. 10-4637-9113. ITEM REMOVED FOR DISCUSSION BY MAYOR STOUT (0511-01 AWARD) (0602-01 CONTRACT) D22. Approval to award and authorization to execute contract (CO 94-029) with Underwood Construction (?0) Company for the Hellman Avenue at Ninth Street Improvement Project, for the amount of $41,696.60 ($37,906.00 plus 10% contingency), to be funded from Proposition 111 Fund, Account No. 09-4637-9304. (0511.-01 AWARD) (0602-01 CONTRACT) D23. Approval to execute Amendment No. 5 to the Lease between the City of Rancho Cucamonga and (21) Valley Baseball Club, Incorporated (CO 92-064) to allow the tenant to continue to lease additional space at the Sports Complex for calendar year 1994. (0602-01 CONT AMEN) D24. Approval to execute Improvement Agreement Extension for Tract 12895, located on the west side of (22) Baker Avenue south of Foothill Boulevard, submitted by Rancho Citiland Development. (0602-01 AGREE EXTN) RESOLUTION NO. 94-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12895 City Council Minutes April 20, 1994 Page 6 ( 23 ) D25. Approval to execute Improvement Agreement Extension for Tract 13280, located on the north side of Base Line Road between Miltiken Avenue and Rochester Avenue, submitted by Premier Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 94-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13280 (24) D26. Approval to execute improvement Agreement Extension for Tract 13851, located on the northeast corner of Wilson Avenue and Canistel Avenue, submitted by Pacific International Development. (0602-01 AGREE EXTN) RESOLUTION NO. 94-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13851 ( 25 ) D27. Approval to execute Improvement Agreement Extension for Tract 13945, located on the southeast corner of East Avenue and Highland Avenue, submitted by Citation Builders. (0602-01 AGREE EXTN) RESOLUTION NO. 94-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13945 (26) D28. Approval to execute Improvement Agreement Extension for Tract 14121, located on the southwest corner of Highland Avenue and Milliken Avenue, submitted by J.P. Rhoades Development. (0602-01 AGREE EXTN) RESOLUTION NO. 94-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO. CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14121 (27) D29. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13280 - Landscape, located on the north side of Base Line Road at Ellena Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond $ 505,200.00 RESOLUTION NO. 94-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13280 - LANDSCAPE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 20, 1994 Page 7 D30. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13280 - (28) Railroad Crossing, located on Kenyon Way at the Southern Pacific Railroad Tracks. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond $ 240,000.00 RESOLUTION NO. 94-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13280 - RAILROAD CROSSING, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D31. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13281 - (29) Landscape, located on the northwest corner of Base Line Road and Rochester Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond $ 401,100.00 RESOLUTION NO. 94-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13281 - LANDSCAPE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D32. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13753 - (30) Landscape, located on the north side of Base Line Road at Ellena Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond $ 225,700.00 RESOLUTION NO. 94-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13753 - LANDSCAPE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D33. Approval to accept Improvements, Release of Bonds and Notice of Completion for CUP 90-18, (31) located on the west side of Santa Anita Avenue north of 4th Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 137,211.00 Ci~ Council Minutes Apd120,1994 Page 8 RESOLUTION NO. 94-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 90-18 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (32) D34. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 9350, located on Base Line Road between Milliken Avenue and Rochester Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release Faithful Performance Bond: Base Line Road $1,191,904.00 Infrastructures 385,131.00 Medians 457,000.00 RESOLUTION NO. 94-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9350 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (33) D35. Approval to Release Maintenance Guarantee Bond for Tract 13441, located on the northeast comer of Kenyon Way, and Victoria Park Lane. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 30,000.00 ( 34 ) D36. Approval to Release Maintenance Guarantee Bond for Tract 13930 - Landscape, located on the east side of Hellman Avenue at Wilson Avenue. (0502-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 22,800.00 ( 35 ) D37. Approval to accept Improvements, Release of Bonds and Notice of Completion for the Neighborhood Center Improvement Project, CO 93-070. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 94-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE NEIGHBORHOOD CENTER IMPROVEMENT PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Buquet, seconded by Alexander to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of Items D18, D20, D5, D21 and D3. Motion carried unanimously, 5-0. MOTION: Moved by Buquet, seconded by Alexander to continue Item D18 to the May 4, 1994 meeting. Motion carded unanimously, 5-0. City Council Minutes Apd120, 1994 Page 9 MOTION: Moved by Alexander, seconded by Gutierrez to reject all bids and readvertise the project based on staff's recommendation relative to Item D20. Motion carried unanimously, 5-0. DISCUSSION OF ITEM DS. Approval to authorize the advertisin9 of the "Notice Inviting Bids" for the construction of Traffic Signals and Safety Lighting at the intersection of Archibald Avenue and Eighth Street, Federal Aid Project No. STPLNHG-5420 (003) to be funded from FAU Streets, Account No, 24- 4637-8914. Councilmember Gutierrez asked where this project was conceived. Joe O'Neil, City Engineer, stated it is one that the City applied for and is approved for traffic reduction. MOTION: Moved by Gutierrez, seconded by Stout to approve Item D3. Motion carried unanimously, 5-0. DISCUSSION OF ITEM DS. Approval to authorize the advertising of the "Notice Inviting Bids" for Highland Avenue from plus or minus 420 feet west of Locust Avenue to plus or min us 1,250 feet east of Locust Avenue, to be funded from Gas Tax Account No. 99-4637-9209. Mayor Stout stated he does not know what the project is about. He asked that there be more description in the staff reports about what the project is about and where it is located. He asked if this is a left turn pocket. Joe O'Neil, City Engineer, stated yes. MOTION: Moved by Stout, seconded by Buquet to approve Item D5. Motion carded unanimously, 5-0. DISCUSSION OF ITEM D2`1. Approval to award and authorization to execute contract (CO 94-028) with IPS Services, Incorporated for the 1995194 Fiscal Year Street Rehabilitation Program at Various Locations, which includes Hot Asphalt Rubber Overlay, Cape Seal and Slurry Seal, for the amount of $648,162.48 ($589,238.62 plus '10% contingency), to be funded from Systems Development Funds, Account No. 22-4637-9:313, 22-46:37-9:311 and Account No. 10-4637-9113. Mayor Stout stated the report does not describe the project enough. He made the same request as stated for Item 5. MOTION: Moved by Stout, seconded by Buquet to approve Item D21. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC (36) PLAN AMENDMENT 94-02 - MASI PARTNERS - A request to modify Subarea 7 to allow limited commercial on 27 acres of land located at the southwest corner of Foothill Boulevard and Rochester Avenue, APN: 229- 011-10, 19, 21, and 26 through 28; and modify the definition of Automotive Service Courts. Planning Commission recommends issuance of a Negative Declaration. JACK MASl REMOVED FOR DISCUSSION. (0203-05 INDUS SP) City Council Minutes April 20, 1994 Page 10 Debra J. Adams, City Clerk, read the title if Ordinance No. 521~ Jack Masi, owner of the property, stated that at the last meeting the rezoning of the property was discussed, and thought it was changed to General Commemial with the exception of drug stores and grocery stores. James Markman, City Attorney, referred to page 180, second to the last paragraph, which was specific as to what uses would be allowed. He felt Mr. Masi would be best served to come back to the Council for approval of a Development Agreement when he has a project that would not fall under the use the Council approved at the last meeting. He stated it was not approved as General Commercial, minus a few uses. Jack Lam, City Manager, stated there was another issue of concern at the last meeting also. He stated the applicant's representative indicated they were concerned about timing and that they did not have the time to go back through the Planning Commission process right now. He stated staff asked them what was most important to them, the issue of General Commercial or the issue of getting this done as quickly as possible by inserting the language that they originally wanted that the Planning Commission did not provide them. He stated they agreed to insert the language. Councilmember Alexander stated he felt the word "commercial" was supposed to be in the description. James Markman, City Attorney, pointed out that it is in there. Councilmember Buquet stated he is confused as to what Mr. Masi now wants because he felt everything had been worked out at the last meeting and that they were happy with that. Jack Lam, City Manager, stated he felt everything staffwas told they needed for this project would fit into the use approved for this property. Councilmember Buquet stated he is confused because he felt Mr. Masi was happy when he left after the last meeting. James Markman, City Attorney, stated there was not any ambiguity as to what happened at the last meeting. Mr. Masi felt he was going to get General Commercial without drug stores or grocery stores, but that now it does not state that. He stated that is what he desires. Councilmember Gutierrez asked him to have faith that this will work out as the project goes along. James Markman, City Attorney, stated it would take about six months to change things at this point if they go back through the process again. He felt they should go ahead with this and then come back at a latter date if Mr. Masi wants to. Jack Lam, City Manager, stated he felt that every dse Mr. Masi wanted fits into this agreement. Mayor Stout stated he did not participate at the last meeting so he would abstain from voting. City Council Minutes April 20, 1994 Page 11 ORDINANCE NO. 521 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 94-02, AMENDING SUBAREA 7 TO ALLOW LIMITED COMMERCIAL AND TO MODIFY THE DEFINITION OF "AUTOMOTIVE SERVICE COURT", AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to waive full reading of Ordinance No. 521. Motion carried unanimously, 5-0. MOTION: Moved by Alexander, seconded by Williams to approve Ordinance No. 521. Motion carried 4-0-0-1 (Stout abstained). E2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 94-01 - CITY OF RANCHO (37) CUCAMONGA- Consideration of an Ordinance amending the Development Code to implement transportation control measure mandated by State and Federal Air Quality Regulations. This action is Categorically Exempt from environmental review per Section 15308 of the CEQA Guidelines. (0203-03 DC AMEND) Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 522 and 523. ORDINANCE NO. 522 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 94-01, CHAPTERS 17~08, 17.10 AND 17.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING TRIP REDUCTION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF CONSIDERATION OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-01 - CITY OF RANCHO CUCAMONGA - Consideration of an Ordinance amending the Industrial Area Specific Plan to implement transportation control measures mandated by State and Federal Air Quality Regulations. This action is Categorically Exempt from environmental review per Section 15308 of the CEQA Guidelines. (0203- 05 INDUS SP) ORDINANCE NO. 523 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-01, AMENDING PART Ill, REGARDING TRIP REDUCTION REQUIREMENTS AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Gutierrez, seconded by Alexander to waive full reading and approve Ordinance Nos. 522 and 523. Motion carried unanimously, 5-0. City Council Minutes April 20, 1994 Page 12 F. ADVERTISED PUBLIC HEARINGS No items were submitted. G. PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS (38) H1. CONSIDERATION OF SETTLEMENT AGREEMENT (CO 94-016~ ON BOOKING FEES AND ADOPTION OF TH E AMEN DED LAW ENFORCEMENT CONTRACT (CO 94-017) WITH SAN BERNARDINO COUNTY (Item was tabled at February 16, 1994 meeting, and is now being considered) Staff report presented by Jack Lam, City Manager. (0602-01 CONTRACT) (0602-01 AGREE SETL) Mayor Stout asked if there had been any changes in the agreement. Jack Lam, City Manager, stated page 204 "Section X" should have the words "or relating to" deleted in the last sentence. Councilmember Buqoet stated he is concerned with the indemnification clause. James Markman, City Attorney, stated he is not concemed with this and felt "or relating to" was sufficient when it is deleted. MOTION: Moved by Stout, seconded by Alexander to approve CO 94-016 and CO 94-017. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS ( 39 ) I1. CONSIOERATION OF A RESOLUTION IN OPPOSITION OF THE MOBILE HOME INITIATIVE Staff report presented by Councilmember Williams, who stated she asked for this to go on the agenda because the residents had asked that the City take a stand on this. She stated the ballot measure would threaten the Accord and the agreements the residents and City have with the owners. (0704-01 MOBILEHOME) Councilmember Gutierrez felt the initiative was a way to take more local control away fi-om the residents. He felt the Council should support the Resolution against the initiative. Mayor Stout asked for clarification because he stated he has a slightly different legal affect of the Accord. He stated he wasn't sure, except when the Accord expires, that this type of State action would take affect because he felt this was a contract and was legally binding. City Council Minutes April 20, 1994 Page 13 James Markman, City Attorney, stated it is a contract and that the only effect on it would be when renewal time came up for the Accord. He stated in about two and a half years all stabilized rent in Rancho Cucamonga could come to an end and that is when it would be tested. He felt the Accord would survive. Councilmember VVilliams felt it was important for the City to stand behind the Resolution. Mayor Stout opened the meeting for public comment. Addressing the City Council was: Dee Murray talked about how she found out about the initiative and asked that the Council approve the Resolution. There being no further comments, communication was closed. Councilmember Alexander stated he did not think Ms. Murray would find any argument from anybody on this issue. RESOLUTION NO. 94-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE MOBILE HOME INITIATIVE MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No 94-080. Motion carried unanimously, 5-0. Councilmember Buquet asked that this be sent to all neighboring cities asking them to adopt this same type of Resolution. Councilmember Alexander asked that local legislators be informed to help on this issue. 12. CONSIDERATION TO APPOINT COUNCIL REPRESENTATIVE TO THE HISTORIC CULTURAL (40) RESOURCE MITIGATION TASK FORCE Staff report presented by Brad Bullet, City Planner. (1402-06 HISTORY) (0701-01 APOINT CC) ACTION: The Council concurred that Councilmember Gutierrez would be the representative and Councilmember Alexander would be the alternate. 13. UPDATE BY COUNCILMEMBER BUQUET ON SCAG'S REGIONAL COMPREHENSIVE PLAN (41) (Continued from April 6, 1994) (1503-03 SCAG) Staff report presented by Councilmember Buquet who also had a video for the Council to view. ACTION: Report received and filed. City Council Minutes April 20, 1994 Page 14 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Councilmember Buquet felt the City needed to explain to local legislators or the Attorney General's office about how petitions are being circulated at stores and other places. J2. Councilmember Buquet asked about a sign he has seen on Foothill Blvd called "Babes Place," and would like to discuss this at the next meeting. J3. Councilmember Williams stated she would like to talk about the location of the Route 30 meetings. She stated residents in some parts of the City felt other areas were being given special treatment. Councilmember Gutierrez stated it was requested that these meetings be held at City Hall.. Councilmember Williams felt this should be discussed at the next meeting. J4. Councilmember Alexander stated he would like an update on the D.A.R.E. program in schools. He felt the D.A.R.E. Program should be held throughout the City. J5. Councilmember Gutierrez asked if the Route 30 issue should come back for an update every 30 days. Councilmember Buquet suggested that this come back every 60 days. The Council concurred. J6. Councilmember Gutierrez stated he would like an update on the intersection of Highland and East Avenues. J7. Councilmember Gutierrez stated he would like information on RV parking on streets and felt better control was needed. J8. Councilmember Gutierrez felt that there should be something established for overnight parking of vehicles on City streets. K. COMMUNICATIONS FROM THE PUBLIC K1. Frank Munoz, Co-Chair of the PAC for Route 30, felt the first meeting should be held in a central location and then move around to other locations in the City. He felt the first meeting should be held at City Hall. Councilmember Buquet stated this is the first of a series of meetings and that the other meetings could be throughout the City. He stated the City is just the facilitator of these meetings. Mr. Munoz asked that other meeting dates and places be set when this is discussed at the next meeting. City Council Minutes April 20, 1994 Page 15 L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn to an Executive Session to discuss labor negotiations per C.C. Section 54957.6 to give Robert Dominguez, Administrative Services Director, direction in regards to the meet and confer process with all City employee groups; and to discuss property negotiations per C.C. 54956.8 for property located south of Foothill Boulevard on the west side of Rochester Avenue; James Markman and Linda D. Daniels Negotiating for the City with Valley Baseball Club, to discuss terms of payment. Motion carried unanimously, 5-0. The meeting adjourned at 9:24 p.m. No action was taken in Executive Session. ~mubmitted' City Clerk Approved: June 1, 1994