The URL can be used to link to this page

Home My WebLink About1994/01/05 - Minutes January 5, 1994 CITY OF RANCHO CUCAMONGA CiTY COUNCIL MINUTES Reqular Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 5, 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 7:04 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williams, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; Ralph Hanson, Deputy City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, RDA Manager; Rick Gomez, Community Development Director; Tarry Smith, Park Planning/Development Superintendent; Brad Buller, City Planner; Nancy Fong, Sr. Planner; Richard Alcorn, Code Enforcement Supervisor; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Bill Makshanoff, Building Official; Bob Dominguez, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Mike Ingrain, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS BI. Councilmember Buquet stated that at the County Transportation Commission meeting today an item before the Board was SCAG's proposal that they adopt the Regional Comprehensive Plan. He stated he had voiced concerns that Rancho Cucamonga would have to give up local control in planning and regional issues to other areas that are currently having their own problems if this was adopted. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. CONSENT CALENDAR Jack Lam, City Manager, asked that the Addendum Item D10 be pulled from the agenda and come back at the January 19, 1994 meeting, City Council Minutes January 5, 1994 Page 2 D1. Approval of Minutes: December 15, 1993 D2. Approval of Warrants, Register Nos. 12/8/93, 12/15/93, and 12/21/93; and Payroll ending 12/2/93 for the total amount of $457,931.07. ( 1 ) D3. Approval to appropriate $5,000.00 from Fund Balance into the Vehicle Depreciation and Replacement Account 01-4647-3931 for repair of damaged City Water Truck. (0401-21 FUND APPRO) (2) D4. Approval of a Resolution to enter into a Lease/Purchase Agreement (CO 94-001) with Municipal Services Group Incorporated. (0401-21 AGREE LEAS) RESOLUTION NO. 94-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEASE/PURCHASE OF EQUIPMENT THROUGH MUNICIPAL SERVICES GROUP, INCORPORATED ( 3 ) D5. Approval of Environmental Initial Study Part I and II for the proposed construction of the Adult Sport Park Expanded Parking Lot Project located at 8287 Rochester Avenue. (1403-06 ElS) RESOLUTION NO. 94-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE ADULT SPORTS PARK EXPANDED PARKING LOT PROJECT LOCATED AT 8287 ROCHESTER AVENUE (4) D6. Approval to appropriate $315,673.00 from Deferred Revenue Account No. 22-236 and place it in Systems Development Fund Account Numbers 22-4637-92-06 ($104,891.00) and 22-4637-9205 ($209,782.00) for the construction of the Rochester Avenue and Banyan Street Improvement Project located north of Highland Avenue. (0401-21 FUND APPRO) (5) D7. Approval to award and authorization for execution of contract (CO 94-002) for Rochester Avenue and Banyan Street Improvement Project, located north of Highland Avenue and LMD-6 Landscape Improvements to Kruze and Kruze Construction and Engineering, Incorporated, for the amount of $464,673.00 ($422,430.10 plus 10% contingency) to be funded from Systems Development Account Nos. 22-4637-9206 ($104,891.00) and 22-4637-9205 ($209,782.00) and S.B 140 ($150,000.00). PULLED FOR DISCUSSION BY COUNClLMEMBER GUTIERREZ. (0511-01 AWARD) (0602-01 CONTRACT) (6) D8. Approval to award and authorization for execution of contract (CO 94-003) for Ninth Street Waterline Improvement Project located from Vinmar to Sierra Madre Avenues, to C.P. Construction Company, Incorporated, for the amount of $24,887.50 ($22,625.00 plus 10% contingency) to be funded from CDBG Funds, Account No. 28-4333-9121. (0511-01 AWARD) (0602-01 CONTRACT) ( 7 ) D9. Approval to award and authorization for execution of a Professional Services Agreement (CO 94-004) between the City of Rancho Cucamonga and VVilliamson and Schmid, to prepare design plans, specifications and estimates for the Arrow Route Storm Drain Portion of the Milliken Avenue Extension from Foothill Boulevard to Arrow Route, for $49,000.00 plus 10% contingencies to be funded by Artedal Measure I, Account No. 32-4637-9328. (0511-01 AWARD) (0602-01 CONTRACT) City Council Minutes January 5, 1994 Page 3 ~" .............. ~' p~y,m, cr, t ........ ~ ................ "~'~ '" .................. Cuc~m,,c~,~.~ (8) ....... ~. ............j ....ITEM CONTINUED TO JANUARY 19, 1994. (0602-01 BOND REL) 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 D7 and D10. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D7. Approval to award and authorization for execution of contract (CO 94-002) for Rochester Avenue and Banyan Street Improvement Project, located north of Highland Avenue and LMD-6 Landscape Improvements to Kruze and Kruze Construction and Engineering, Incorporated, for the amount of $464,673.00 ($422,430:10 plus 10% contingency) to be funded from Systems Development Account Nos. 22-4637-9206 ($104,891.00) and 22-4037-9205 ($209,782.00) and S.B. 140 ($150,000.00). Councilmember Gutierrez stated that on ihe agenda it mentions the Landscape Maintenance District that this project on Rochester and Banyan entails, and was wondering if any of the funding at all to improve that area come out of that LMD. He asked what the Systems Development Account was. Joe O'Neil, City Engineer, stated that the Systems Development Account is the developer fees that are received by the City for transportation purposes, i.e., signals and things like that. He stated they are development impact fees. Mayor Stout stated originally money from the developer that developed the Caryn project was put into a trust or escrow account for this purpose, but that the City wasn't ready to construct the road at that time, and is now ready to draw from those funds. Joe O'Neil, City Engineer, stated that is correct. MOTION: Moved by Gutierrez, seconded by Williams to approve Item DT. Motion carried unanimously, 5-0. Jack Lam, City Manager, further stated that it is in the Systems Development Fee even though it is in a trust account because that is the proper account from which the street is to be funded. He stated there is no money in the Systems Account except for this trust because there has not been that much development. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF DEVELOPMENT REVIEW 93-13 - WESTERN PROPERTIES - Consideration (9) of an appeal of the Planning Commission's decision to deny the design review of elevations for Building X, a 5,350 square foot retail building within the Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue, in the Community Commemial District - APN: 1077-421-70. (Continued from December 1, 1993) (1002-08 DEV REV) (0701-06 APPEAL) City Council Minutes Janua~ 5,1994 Page 4 Mayor Stout stated he had requested that a Subcommittee of the Council work on this matter in order to resolve the differences of opinion. He continued by stating he and Councilmember Williams worked as the Subcommittee and met with staff and representatives from Western Properties and have worked out the differences of opinion. Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Richard Major, Western Properties, stated he appreciated the work the Council has done in order to resolve the issues for this project. Councilmember Gutierrez asked what compromises were made. Mayor Stout explained what Western Properties has done to satisfy the Subcommittee's expectations for this project. Mr. Major concurred with Mayor Stout's comments. There being no further response, the public hearing was closed. Councilmember Alexander stated he is glad there is an agreement on this matter. Councilmember Williams felt the changes that were made have really made the difference for the project. RESOLUTION NO. 94-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE APPEAL AND APPROVING DEVELOPMENT REVIEW NO. 93-13, THE DESIGN REVIEW OF ELEVATIONS FOR BUILDING X, A 5,350 SQUARE FOOT RETAIL BUILDING VVITHIN TERRA VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-70 MOTION: Moved by Buquet, seconded by Alexander to grant the appeal as modified based on Western Properties' discussions with the City Council Subcommittee, and approving Resolution No. 94-003. Motion carried unanimously, 5-0. (10) F2. CONSIDERATION TO MODIFY ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - Consideration of an appeal of the Planning Commission's decision to deny a modification to an entertainment permit for adding entertainment on Sunday and expanding the entertainment to allow a live band, disc jockey, and karaoke in conjunction with a restaurant and bar, located at 6620 Carnelian Street in the Neighborhood Commercial District - APN: 201-811-56 through 60. Staff report presented by Nancy Fong, Sr..Planner. She commented on three handouts distdbutad to the Council, and stated one of them was page 115 in the agenda packet modifying Resolution No. 93-004. (0701-06 APPEAL) (0203-05 ENTER PERM) Councilmember Gutierrez stated he felt he had a conflict of interest on this matter and left the room until the item concluded. City Council Minutes January 5, 1994 Page 5 Mayor Stout opened the meeting for public hearing, allowing the appellant to give their comments first: John Mannerino, 9333 Base Line #110, representing Sam Pellegrino, advised the Council he felt the problem with this establishment was the location. He continued to quote comments made by Planning Commissioner Tolstoy when this item was heard before the Planning Commission. He did not feel the Pellegrino's should be tried for their abuse of the permit at this hearing. He stated the item before the Council is the modification to the entertainment permit. He stated he did not think they should be penalized just because they did not come in for their permit prior to starting the new entertainment. He felt live bands should be considered separately from DJ's and Karaoke entertainment. Mayor Stout commented on a previous condition of approval about the landscaping and parking barriers that have been removed from this location and asked why. John Mannedno stated that it was done by the landlord, not the Pellegrino's. He continued to state that the neighbors near the shopping center have not made complaints directly to the Pellegrino's. Mindy Kennedy Seely, 6633 Amberwood, stated she had never heard complaints about Sam's Place and felt Mr. Pellegrino had every right to have his business at the existing location. Rob Cavasas, 1251 Upland Hills Drive, stated he likes going to Sam's Place and felt itwas a great place to go to. He hoped that the Council granted the permit to Sam's. Frank Stevesl 8344 Mandarin, stated he is happy that Sam's Place is there. He stated he takes part in the Karaoke and felt Sam's Place should be granted the permit. Matthew Seely, 6633 Amberwood, did not think the noise could be bothering the residents to the west and felt the noise was traveling to the south down to 19th Street. He felt the band noise could be controlled by amplification through the owner's monitoring of the situation. He stated he did not think the no[se was a problem. Patricia Gibson, 7040 Archibald, felt it was a safe place and that Sam did police his establishment. She felt Sam's Place was an asset to the City. John Wood, 11408 Mt. Johnson, stated he felt comfortable at Sam's Place because it was a safe establishment and did not think he had anything against the law there. Louella G. Simms, also speaking for her husband Hugh Harrison, 6632 Topaz, stated the noise does travel west to her street. She did not think Sam's Place should be located so close to a residential neighborhood. She stated she moved to Rancho Cucamonga from Los Angeles because of the quality of life here. She stated she does not feel Sam is a good neighbor. She continued commenting that she has been awakened by noise from Sam's Place. Robert Cridland, 9280 Highland, stated he did not think Sam's Place was a detriment to the community. Hedid not thinkthis establishment was offensive. Joe Favis, 6611 Topaz, stated he agreed with the opening remarks made by Mr. Mannerino, that the problem with Sam's Place is the location. He felt there was a lot of noise that goes into the neighborhoods around there. He felt before the business is expanded, that the problems that are currently existing should be dealt with. City Council Minutes January 5,1994 Page 6 Sam Pellegrino, owner of Sam's Place, stated Richard Alcorn has never written him up to warn him of any problems. He stated John Melcher is going around telling his potential landlord that he is a bad person and should not get involved with him. He pointed out there are other violations in the City and presented pictures for the Council to look at. Randy Delaney, of Rancho Cucamonga, stated he felt Sam's Place has deviated from its original permit in order to do more business. He hoped that the Council would back the Planning Commission. Robert Cddland stated he has never seen broken bottles laying around from Sam's Place. He asked that the Council treat this issue fairly. John Mannerino stated the question is if the use that Mr. Pellegrino wants is acceptable for his location. He felt if approved, they could do it with the City's satisfaction by monitoring the situation. There being no further response, the public hearing was closed. Mayor Stout stated he has been struggling with this location since 1982. He told about everything that has been tded to limit the problems at this location. He continued to give the history of the establishment. He felt this establishment would be a good business if it was located on Foothill Boulevard. Councilmember Alexander stated he voted in favor of Sam's Place at the last hearing and thought he was a good businessman. He did not feel the modification to the permit should be granted this time. Councilmember Buquet stated he did not see any comparison between Sam's Place and Backwaters. He stated he felt the City has tried to accommodate this business. He stated he feels that the sound carries from Sam's Place. He stated he is opposed to expanding the permit. He felt the City should work with Sam's Place and try to assist them in every way possible. He stated he felt the location was the problem. Councilmember Williams asked Mr. Pellegrino to continue to monitor what goes on outside because of the noise problem. She stated she is not in favor of expanding the permit. RESOLUTION NO. 94-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY A MODIFICATION TO ENTERTAINMENT PERMIT 91-02 FOR ADDING ENTERTAINMENT ON SUNDAY AND EXPANDING THE ENTERTAINMENT TO ALLOW A LIVE BAND, DISC JOCKEY, AND KARAOKE IN CONJUNCTION WiTH A RESTAURANT AND BAR, LOCATED AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60 MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 94-004, but striking the Karaoke prohibition. Motion carried 4-0-0-1 (Gutierrez abstaining). Mr. Pellegrino asked if the Council wanted him to move from Sam's current location. Councilmember Buquet stated they are not asking him to move. City Council Minutes Januar~ 5, 1994 Page 7 Mr. Pellegrino stated he is not moving the existing Sam's Place, but wanted to open a second location at Foothill and Rochester. He added he did not think his landlord would be happy when he asked him to break his lease. Mayor Stout called a recess was taken at 8:47 p.m. The reconvened at 9:04 p.m. with all Councilmembers present. Councilmember Buquet commented that the karaoke would still need to be monitored at Sam's Place and that Mr. Pellegrino should meet all conditions as previously approved. Brad Buller, City Planner, stated that once the Resolution is signed staff will send Mr. Pellegdno a copy of it, and indicate to him where he is in violation with his current entertainment, as well as the original CUP and the security of the parking. He stated they would also tell Mr. Pellegrino if after 30 days he does not come into compliance, this would be due cause for legal action. G. PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF 1994 STATE LEAGUE DUES Staff report presented by Jack Lam, City Manager. (0100-00 ADMIN) MOTION: Moved by Alexander, seconded by Buquet to concur with the increase. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS No items were submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Stout stated he would like for the adoption of the City Seal to come back for the Council to approve. City Council Minutes January 5,1994 Page 8 K. COMMUNICATIONS FROMTHE PUBLIC No communication was made from tl~e public. ' L. 'ADJOURNMENT MOTION: Moved by AlexaNder, seconded by Buquet to adjourn to Executive Session to discuss personnel matters and pending litigation, Gentry Brpthers vs City of RanchO Cucamonga. Motion carried unanimously, 5-0. The meeting adjourned at 9.:10 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: January 19, 1994