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HomeMy WebLinkAbout1988/12/21 - Minutes December 21, 1988 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, December 21, 1988, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:30 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles J. Buquet II, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, Assistant City Manager; James Markman, City Attorney; Russell Maguire, City Engineer; Otto Kroutil, Deputy City Planner; James Hart, Administrative Services Director; Elizabeth Stoddard, Finance Manager; Jerry Fulwood, Revenue Services Director; Joseph Schultz, Community Services Manager; Duane A. Baker, Administrative Assistant; Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; Larry Henderson, Senior Planner; Mike Olivier, Senior Civil Engineer; Arlene Banks, Associate Planner; Richard Alcorn, Code Enforcement Supervisor; and Debra J. Adams, Deputy City Clerk. , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. The presentations were made of Proclamations to Rancho Disposal and Yukon Disposal, thanking them for their efforts in the "Walk for Recycling" program. Western Waste Industries was not present to accept their Proclamation. B2. Jack Lam, Assistant City Manager, made the following announcements: Meeting to adjourn to Executive Session to discuss the litigation with American Insurance Association. Item C31, the words "on a two-year lease/purchase" needed to be struck from the title. 3. Dan Griffin, from Mentone Turf Supply, pulled Item C9. , , , , , (At this point in the agenda, Item J1. was presented to the City Council; however, the minutes will remain in original order.) City Council Minutes December 21, 1988 Page 2 JI. COMMENTS AND QUESTIONS FROM THE PUBLIC REGARDING THE DISCHARGE OF THE CITY MANAGER Mayor Stout opened the meeting for public comments. Addressing Council were: James C. Frost, City Treasurer, who was also the first Mayor of the City of Rancho Cucamonga, expressed his disapproval of what the City Council had done to Lauren Wasserman, and also stated he did not feel the previous Councils had egos to vent. Bill White, 6875 Pecan in the Etiwanda area, who has been a resident for 20 years, felt Lauren Wasserman should be reinstated, and asked for the resignations of Mayor Dennis Stout, Councilwoman Deborah Brown, and Councilwoman Pamela Wright. Brad Proctor, teacher and coach at Alta Loma High School, felt Lauren Wasserman was very competent, and did not feel the City Council should have done what they did to him. Brian Proctor, 6883 Opal in the Alta Loma area, who read a letter from his parents, who could not be there. The letter stated that Lauren Wasserman had made many, many good decisions, unlike the decision the City Council had made. The letter stated that there should have been letters of support for Lauren Wasserman, instead of waiting for something like this to happen, to hear how the public feels about him now. He also stated he would not vote for Mayor Dennis Stout, Councilwoman Deborah Brown and Councilwoman Pamela Wright again. Kevin Ranker, 7850 Sierra Vista, President of the Safe Rides Program, stated he had met with Lauren Wasserman about the formation of the Safe Rides program, and how supportive Mr. Wasserman was. He also stated how upset he was at what had happened to Lauren Wasserman. Patrick Maguire, 6192 East Avenue, stated the City Council has violated the residents' trust by what they have done to Lauren Wasserman. James S. Davis, resident and business owner, felt this was an undue process, and that the City Council violated the Brown Act in the way they handled this. He felt their intention should have been made public before the election. He felt Lauren Wasserman's firing should be set for a public hearing to let the residents get involved in the process. Bob Neufeld, 6049 Eastwood, who has been a resident of the City for 18 years, felt actions of the City Council had polarized the City. He asked for the resignations of Mayor Dennis Stout, Councilwoman Deborah Brown, and Councilwoman Pamela Wright. He stated that if the Council refused to do this, that the citizens would have to do something about it. He said the three of them were no longer wanted or needed as the City's elected officials. City Council Minutes December 21, 1988 Page 3 Janet Nix, 8385 Malachite, who has been a resident for 4 years, stated she is presently working for her Masters degree, and that when Lauren Wasserman was let go, she was confused. She had heard of the awards he had received, and what a great leader he was, and could not understand this. She said she has no confidence in the City Council, and felt that Mayor Dennis Stout, Councilwoman Deborah Brown, and Councilwoman Pamela Wright should resign. Jeff Sceranka, a resident for 15 years, stated he felt that what the City Council did to Lauren Wasserman was stupid. He felt the City staff has been there for the people. He stated he felt the business people are providing the substance to the City. He felt the City Council had one option, and that was to resign. Linda Frost, 10340 Mahogany, asked them "who did they think they were?" She stated she felt like there had been a death in the family because of what had been done to Lauren Wasserman. She felt the Council knew nothing about the needs of the City. She felt the three City Councilmembers were not residents, but aliens. She compared this to the Watergate situation, and felt they should be in prison. She said the citizens are rising up, with Councilwoman Deborah Brown to go first, and 90 days later, Mayor Dennis Stout and Councilwoman Pamela Wright would go. Darin Kettle, who read a letter from his mother, Nancy Kettle. The letter stated that if a choice had to be made between the three City Councilmembers and Lauren Wasserman, they would back Lauren Wasserman. She also asked for the resignation of the three City Councilmembers. John Lyons, 11984 Dorset in the Etiwanda area, commended Councilman William Alexander and Councilman Charles Buquet for making the right decision. He said he recently had run against Mayor Dennis Stout and Councilwoman Pamela Wright. He felt for someone wanting to be a judge, Mayor Dennis Stout had already convicted an innocent man. He brought up the great parks that the City has, and couldn't understand why Bill Holley had been fired. Bob Plamondon, resident and former elected official, who felt the will of the people was to keep the Sheriff's contract. Art Bridge, former member of the City Council, had a letter dated December 19, 1988 from Lauren Wasserman which he read to the Council, and wanted that made a part of the record. 6321 Cameo Rancho Cucamonga, CA 91701 December 19, 1988 To the Citizens of Rancho Cucamonga: City Council Minutes December 21, 1988 Page 4 It is possible that some elected officials may criticize my management abilities as well as my integrity during the eleven years I have served as City Manager of Rancho Cucamonga. My accomplishments are a matter of public record, and I feel no need to defend them. The job of City Manager is to listen and respond to members of the community as well as to members of the City Council in the interest of providing a positive environment for all citizens. In serving the citizens, the City's staff pays careful attention to public safety services, development standards, engineering and traffic safety standards, budget and maintenance concerns. This city is a well run organization composed of competent, dedicated employees who share with me a commitment to a high quality of life for our citizens. As a City Manager, I implement policy as directed by the city council and have, in eleven years, worked harmoniously with twelve different council members and five different mayors. I hereby request that the attached statement be read aloud and that it be included in the public record of the City Council meeting of December 21, 1988. Sincerely, Lauren M. Wasserman Carmen Angelo, of Victoria, said the residents of Victoria are upset, and they wanted the resignations of Mayor Dennis Stout, Councilwoman Pamela Wright and Councilwoman Deborah Brown. Bruce Chitiea, of the Alta Loma area, felt the City Council should stand by their decision. Mike Mitchell, 10549 Kingston, stated he did not feel Lauren Wasserman should have been fired. He stated he had applied for the Public Safety Commission and wanted his application removed from serving on that Commission. Nancy Bonnano, 13067 Laredo, stated she has lived in the City for 50 years. She asked for the resignations of Mayor Dennis Stout, Councilwoman Deborah Brown, and Councilwoman Pamela Wright. She felt the Council stepped on Lauren Wasserman. She also stated she felt she was deceived during the election. Jeff Young, neighbor of Councilwoman Deborah Brown in the Victoria area, stated "You can fool some of the people some of the time, but you can't fool all of the people all of the time". City Council Minutes December 21, 1988 Page 5 There being no further public input, the public hearing was closed. C. CONSENT CALENDAR Cl. Approval of Warrants, Register No's. 12/7/88 and 12/14/88 and Payroll ending 12/8/88 for the total amount of $2,062,423.97. C2. Alcoholic Beverage Application for Off-Sale Beer & Wine for Alta Loma Rancho Market, Jack A. Panaro and Thomas Anthony Grimes, 8675 Base Line. C3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Star Restaurant, Jason Le and Christine V. Phung, 9638 Base Line Road. C4. Approval for authorization to sign Small Claims Court Documents. 00 LEGAL) (0704- RESOLUTION NO. 81-154D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 81-154C AND NAMING THOSE INDIVIDUALS WHO WILL BE ALLOWED TO SIGN SMALL CLAIMS COURT DOCUMENTS. C5. Approval of Fiscal Year 1987-88 City Annual Audit. (0406-01 AUDIT) C6. Approval of payment not to exceed $3,500.00 for revised Absorption Study for proposed Community Facilities District, Etiwanda Highland (88-1) from funds deposited with the City by the Caryn Company. (1141-00 SP STUDY) (0401-03 ETI HI AD) C7. Approval to redeem bonds, publish and mail Notice of Redemption for prepaid assessments within the Rancho Cucamonga Drainage District (86-2) for approximately $15,000.00. (0401-03 DRAIN AD) C8. Approval to execute contract (CO 88-218) with Oracle Corporation for program assistance with the Finance applications currently being developed in the amount of $10,000.00 to be funded from account no. 33-4130-6028. (0602-01 CONTRACT) C9. Approval to award the Landscape Maintenance Contract for Haven Avenue Median Islands and San Bernardino County Flood Control Wash Ends to Mariposa Landscape, Inc. of South E1 Monte, California for the amount of $92,617.00 to be funded by Landscape Maintenance Assessment Districts 4 (Terra Vista) and 3B (Haven Median) and General Fund, Account Nos. 43-4130-6028, 46-4130-6028, and 01-4647-6028 respectively for the Haven Median Islands San Bernardino County Flood Control Wash Ends to be funded by General Fund, Account Nunlber 01-4647- 6028. Continued from December 7, 1988 meeting ITEM PULLED FOR DISCUSSION (0601-01 BID) (i) (2) (3) (4) (5) (6) City Council Minutes December 21, 1988 Page 6 (7) (8) C10. Approval to accept Improvements, Release Bonds, and file Notice of Completion for: (0602-01 BOND REL) (0704-18 NOT COMPLT) Tract 11893, located on the south side of Banyan Street between Sapphire Street and Cucamonqa Creek Release: Accept: Faithful Performance Bond (Street) $258,000 Maintenance Guarantee Bond (Street) $ 25,800 RESOLUTION NO. 88-705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11893 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract No. 13191, located on the northwest corner of Church Street and Terra Vista Parkway Release: Faithful Performance Bond (Street) $238,000 Accept: 'Maintenance Guarantee Bond (Street) $ 23,800 RESOLUTION NO. 88-706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13191 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract No. 13059, located on the west side of Fairmont Avenue between Highland Avenue and Base Line Road Release: Faithful Performance Bond (Street) $506,000 Accept: Maintenance Guarantee Bond (Street) $ 50,600 RESOLUTION NO. 88-707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13059 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Cll. Approval to accept Improvements, Release Bonds, and file Notice of Completion for DR 87-31 located on the west side of Lucas Ranch Road north of Fourth Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Faithful Performance Bond (Street) $192,000 City Council Minutes December 21, 1988 Page 7 RESOLUTION NO. 88-708 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-31 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C12. Approval to accept Improvements and Release Bonds for Tract No. 9539, located on west side of Sapphire Street north of Banyan Street. (0602-01 BOND REL) Faithful Performance Bond (Street) $ 2,000 C13. Approval to accept the Baker Avenue/Arrow Route Storm Drain and Street Improvement Project as complete, release bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $1,880,768.93. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BAKER AVENUE/ARROW ROUTE STORM DRAIN AND STREET IMPROVEMENT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C14. Approval to accept the Area VII Storm Drain, Phase II Project as complete, release bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $887,464.49. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE AREA VII STORM DRAIN, PHASE II AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C15. Approval of $1,363,656.31 as the final contract amount for the Haven Avenue Median Improvements, Phase I, Arrow Route to 19th Street. (0602-01 CONTRACT) C16. Approval of $817,958.37 as the final contract amount for Haven Avenue Median Improvements, Phase II, Fourth Street to Arrow Route. (0602-01 CONTRACT) C17. Approval to award design and operations training of Red Hill Lake Biosystem Modifications to Landscape and Water Management Consultants for the amount of $15,550.00, to be funded from account number 25-4285-7043. (0601-01 BID) (ii) (i2) (i3) (i4) City Council Minutes December 21, 1988 Page 8 (is) (18) (20) C18. Approval to award the Haven Avenue Median Improvements, Phase III, north of Highland Avenue to north of Wilson Avenue, to Moulder Brothers for the amount of $1,109,703.38 to be funded from Beautification Funds, Account No. 21-4647- 8792. (0601-01 BID) C19. Approval of Release of Agreement for Postponement of CC&R's (CO 88-219) for Tract 13445, located at the northwest corner of Victoria Park Lane and Kenyon Way in the Victoria Planned Community. (1002-09 CC&R) RESOLUTION NO. 88-711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING ANAGREEMENT FOR POSTPONEMENT OF APPROVAL OF CC&R'S FOR TRACT 13445 C20. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for DR 86-27, located on the southeast corner of Center Avenue and 7th Street, submitted by California Finished Metals, Incorporated. (0602-01 AGREE IMPR) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) RESOLUTION NO. 88-712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 86-27 RESOLUTION NO. 88-713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 86-27 C21. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13542-2, located east of Chaffey College between Wilson Avenue and Banyan Street, submitted by Grigsby Development, Incorporated. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) (1002-09 MAP FINAL) RESOLUTION NO. 88-714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13542-2 City Council Minutes December 21, 1988 Page 9 RESOLUTION NO. 88-715 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 NO. 13542-2 C22. Approval to summarily vacate a portion of a drainage easement affecting Parcel 1 of Parcel Map 5792, located west of Archibald Avenue and north of Base Line Road. (1110-18 VACATE ESM) RESOLUTION NO. 88-716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF A DRAINAGE EASEMENT AFFECTING PARCEL 1 OF PARCEL MAP NO. 5792 C23. Approval of Parcel Map 11563 located west of Red Oak Street approximately 510 feet north of Jersey Boulevard, submitted by Barton Development Company. (1002-09 MAP PARCEL) RESOLUTION NO. 88-717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11563 (TENTATIVE PARCEL MAP NO. 11563) C24. Approval to execute a Professional Services Agreement (CO 88-220) with Randolph Hlubik Associates, Incorporated, for the Master Plan Beautification Study for Base Line Road from Haven Avenue to Route 15, to be funded by Beautification Funds in the total amount of $22,700.00, Account No. 21-4647- 8047. (0602-01 CONTRACT) (0203-02 BEAUTY) C25. Approval to execute a Professional Services Agreement (CO 88-227) with Associated Engineers to prepare improvement plans for Area V Storm Drain in Hillside Road from east of Archibald to the Alta Loma Channel for a fee not to exceed $11,200.00 to be funded from the City-Wide Drainage fund, Account No. 23- 4637-8862. (0602-01 CONTRACT) (1110-10 STORM DR) RESOLUTION NO. 88-721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED ENGINEERS OF ONTARIO, CALIFORNIA, TO PREP~RE PLANS, SPECIFICATIONS AND ESTIMATE FOR AREA V STORM DRAIN IMPROVEMENT PROJECT IN HILLSIDE ROAD FROM EAST OF ARCHIBALD TO THE ALTA LOMA CHANNEL (21) (22) (23) (24) City Council Minutes December 21, 1988 Page 10 (25) (26) (27) (28) (29) (30) C26. Approval to execute a Contract Change Order No. 1 (CO 88-08) for a Professional Services Agreement with Norris-Repke, Incorporated to perform design changes on 19th Street from Zircon Avenue to Amethyst Street and expand limits of project. Contract to be expanded by $13,940.00 to bring contract total to $70,340.00 to be paid from Systems Development Fund Account No. 22- 4637-8745. (0602-01 CONT AMEN) C27. Approval to execute Professional Services Agreement (CO 88-221) between the City of Rancho Cucamonga and KWC Engineers, Incorporated, for engineering design services covering rubberized railway pads, sidewalk and street improvements for the Atchison Topeka and Santa Fe Railway Crossings at Vineyard Avenue north of 8th Street and Haven Avenue north of 8th Street. The not-to- exceed fees of $15,604.00 and $16,874.00 (total of $32,478.00), plus 10% contingency will be funded by System Development, Account Nos. 22-4637-8850 and 22-4637-8851, respectively. (0602-01 CONT AMEN) C28. Approval to award and execute the Rancho Cucamonga Transportation Planning Model and Nexus Procedures Project contract (CO 88-222) with Austin-Foust Associates in the amount of $80,000.00 to be funded from Transportation Study fund 12-4637-8821. (0602-01 CONTRACT) C29. Approval to award the contract for the design of the addition of a loop on-ramp to the Foothill Boulevard - Route 15 Interchange to Parsons, Brinckerhoff, Quade and Douglas, Incorporated. This firm will perform the service for a maximum of $171,500.00. The project is funded through the 1988/89 Redevelopment Agency budget, Account No. 13-50300. (0601-01 BID) C30. Approval to award and execute standing Professional Services Agreements with Don Greek and Associates (CO 88-224), Norris-Repke, Incorporated (CO 88- 225), and J.F. Davidson Associates, Incorporated (CO 88-226), for Project Development, Plan Checking and Project Administration, not to exceed $10,000.00 for Project Development, $8,000.00 for Plan Checking and $10,000.00 for Project Administration on any one project. (0602-01 CONTRACT) C31. Approval to purchase an International Cab and Chassis from Dieterich International Truck Sales of Colton, California, to include body modifications by Harbor Fabricating Company of Brea, California, in the amount of $31,663.79 on a two y~a~ l~as~/p~chas~ to be funded by I.G.S. and account number 01-4647- 7045. (0606-01 EQUIP L/P) MOTION: Moved by Alexander, seconded by Brown to approve Consent Calendar, with the exception of Item C9. Motion carried 4-0-1, (Buquet absent for vote). , , , , , DISCUSSION OF ITEM C9. Approval to award the Landscape Maintenance Contract for Haven Avenue Median Islands and San Bernardino County Flood Control Wash Ends to Mariposa Landscape, Inc. of South E1 Monte, California for the amount of $92,617.00 to be funded by Landscape Maintenance Assessment Districts 4 (Terra Vista) and 3B (Haven Median) and General Fund, Account Nos. 43-4130-6028, 46- 4130-6028, and 01-4647-6028 respectively for the Haven Median Islands San City Council Minutes December 21, 1988 Page 11 Bernardino County Flood Control Wash Ends to be funded by General Fund, Account Number 01-4647-6028. Mr. Dan Griffin, Mentone Turf Supply, stated he was low bidder on the job, and didn't understand why he was not awarded the bid. He also explained how he felt the bid package was not put together in a manner that was easy to understand. James Markman, City Attorney, stated Mr. Griffin was not being truthful to the Council, stating that Mr. Griffin had hung-up on his secretary, and that he had spent 20 minutes with Mr. Griffin's attorney explaining this bid package, and was told by Mr. Griffin's attorney that if there was a problem, he would get back to him. Mr. Markman stated that he never heard another word from them. Mr. Markman stated that because of the way they had figured their bid package, that this was considered a non-responsive bid package. Mr. Griffin stated he had called Park Maintenance asking why he had had his bid rejected, and they had referred him to Mr. Markman. He stated he still felt he was the low bidder and should have been awarded the bid. Councilman Buquet stated the bid could be awarded as recommended to Mariposa Landscape Incorporated, or they could go out for the third time requesting bids. James Markman, City Attorney, stated their could be a lawsuit, and felt the City Council should go with staff's recommendation. Councilman Alexander asked if the bid packages were checked to make sure they were filled out correctly at the time they were submitted. James Markman, City Attorney, stated only if a bidder asked for this, and that they would be checked after the bids were opened. Russell Maguire, City Engineer, stated that if the City were to check all bids, it would take quite a lot of staff time to do this. Mayor Stout stated that the choices were to award the bid or go out again. MOTION: Moved by Buquet, seconded by Alexander to award the bid to Mariposa Landscape Incorporated. Motion carried unanimously, 5-0. Councilman Alexander also added he felt staff should help whenever help is requested. D. CONSENT ORDINANCES D1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 88-07 - An amendment to Title 17, Chapter 17.04, of the Rancho Cucamonga Municipal Code permitting the use of on-street parking for model home sales offices meeting certain criteria. (0203-03 DC AMEN) (32) City Council Minutes December 21, 1988 Page 12 (33) (34) ORDINANCE NO. 385 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.04, OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERMITTING THE USE OF ON- STREET PARKING FOR MODEL HOMES SALES OFFICES MEETING CERTAIN CRITERIA Deputy City Clerk, Debra Adams, read the title of Ordinance No. 385. MOTION: Moved by Buquet, seconded by Wright to waive full reading, and approve Ordinance No. 385. Motion carried unanimously, 5-0. E. ADVERTISED PUBLIC HEARINGS El. DEVELOPMENT AGREEMENT {CO 88-197) 83-01 - HERITAGE PARK APARTMENTS - A request by the City to amend Section 18, Maintenance Guaranty, of an existing Development Agreement for the senior housing project located on Lomita Court, west of Archibald Avenue - APN 202-152-34. Continued from November 16, 1988. Staff requests continuance to January 4, 1989 (0602-01 AGREE DEV) (1402-03 SR CITIZEN) ORDINANCE NO. 381 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVINGAMENDMENT NUMBER 2 REGARDING MAINTENANCE GUARANTY, TO ANEXISTING DEVELOPMENT AGREEMENT FOR HERITAGE PARK APARTMENTS, A SENIOR HOUSING PROJECT DEVELOPMENT AGREEMENT (CO 88-198~ 85-01 - RUDOLPH HENDRICKSON SENIOR APARTMENTS - A request by the City to amend Section 22, Maintenance Guaranty, of an existing Development Agreement, for the senior housing project located on the west side of Amethyst Avenue, north of 19th Street - APN 201-232-24. Continued from November 16, 1988. Staff requests continuance to January 4, 1989 (0602-01 AGREE DEV) (1402-03 SR CITIZEN) ORDINANCE NO. 382 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVINGAMENDMENT NUMBER 1, REGARDING MAINTENANCE GUARANTY, TO DEVELOPMENT AGREEMENT 85-01 (RUDOLPH HENDRICKSON SENIOR APARTMENTS), A SENIOR HOUSING PROJECT Assistant City Manager Jack Lam stated, that although the agenda requested the item be continued to January 4, 1989, it should actually be February 15, 1989. The reason for this was as the holiday season was approaching, a meeting could not be established with the resident group. City Council Minutes December 21, 1988 Page 13 MOTION: Moved by Wright, seconded by Alexander to continue Item E1 to the February 15, 1989 meeting. Motion carried unanimously, 5-0. E2. RECEIVE INPUT REGARDING THE PROPOSED INTENTION TO CONSTRUCT THE ALTA LOMA STORM DRAIN BETWEEN ALTA LOMA BASIN NO. 3 AND HERMOSA AVENUE WITHIN ASSESSMENT DISTRICT 84-2 AND AWARD SAID CONTRACT - It is recommended that the City Council approve the attached Resolutions for A) Ordering Certain Changes and Modifications in the Work in a Special Assessment District; and B) Awarding the Contract for the Construction of Certain Public Works of Improvement in a Special Assessment District; said improvements being the Alta Loma Storm Drain between Alta Loma Basin No. 3 and Hermosa Avenue within Assessment District 84- 2. Staff report presented by Mike Olivier, Senior Civil Engineer. (0401-03 AL STRM DR) (0601-01 BID) RESOLUTION NO. 88-718 A ~ZSOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS IN THE WORK IN A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 88-719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT Mayor Stout asked if this was part of the pipe going in on Hillside. Russell Maguire, City Engineer, stated that it was not. Mayor Stout opened the meeting for public input. There being no response, the public hearing was closed. MOTION: Moved by Buquet, seconded by Alexander to approve Resolution Nos. 88-718 and 88-719. Motion carried unanimously, 5-0. (3s) F. PUBLIC HEARINGS F1. GRAFFITI ORDINANCE - Continued from December 7, 1988 (0704-07 VANDALISM) James Markman, City Attorney, gave an update, and stated that the Council had requested at the last meeting for some cross-reference with this and the Public Nuisance Ordinance, stating that if a person is notified for graffiti removal and didn't want to avail his/herself to the City's program at the City's expense, which is authorized by law, then that person would be subject to other abatement procedures at their expense. He stated this has been added to the (36) City Council Minutes December 21, 1988 Page 14 (37) Ordinance, stating that it has been cross-referenced. He further stated that it is being recommended for first reading, along with the Nuisance Abatement Ordinance, as Council had requested. Councilwoman Wright asked if the City has a potential financial impact on this. Jack Lam, Assistant City Manager, stated a report is in the process of being prepared and will be brought back at the time of the second reading. Mayor Stout opened the meeting for public hearing. Mayor Stout stated that one of the Public Safety Commissioners, Nacho Gracia, would have liked to have been at the meeting tonight in regards to the Graffiti Ordinance, but could not, due to surgery he had just recently had on his foot. There being no public response, the public hearing was closed. ORDINANCE NO. 383 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCANONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.24 PROVIDING A PROGRAM FOR THE REMOVAL OF GRAFFITI AND OTHER INSCRIBED MATERIALS FROM WALLS AND STRUCTURES ON BOTH PUBLIC AND PRIVATE PROPERTY Deputy City Clerk, Debra Adams, read the title of Ordinance No. 383. MOTION: Moved by Alexander, seconded by Brown to waive full reading and set second reading for January 4, 1989. Motion carried unanimously 5-0. F2. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA - An amendment to Title 8 of the Rancho Cucamonga Municipal Code by adding a new Chapter 8.23, identifying and providing a remedy for public nuisances when found to exist on property within the City. Staff report was presented by Richard Alcorn, Code Enforcement Supervisor. (0704-07 VANDALISM) Councilman Alexander asked Richard Alcorn, Code Enforcement Supervisor, if the notices that would be sent out would be going certified mail. Richard Alcorn, Code Enforcement Supervisor, stated yes. James Markman, City Attorney, stated that the property would be posted, and if necessary, a process server to serve the papers, or both. Mayor Stout opened the meeting for public hearing. Addressing Council were: Fred Deaux, 11036 Shaw Street, expressed his viewpoints on this Ordinance, stating that he felt it was a good idea to have this, but that down the City Council Minutes December 21, 1988 Page 15 road, if there was a less liberal Council elected, that they may interpret this in a more liberal way. He also asked if there would be a build-up process to increase fines, and if this should be included in the Ordinance. James Markman, City Attorney, stated there are an array of remedies, and there are about four or five steps before something that is a nuisance would be removed. He stated he would personally recommend to staff to do everything possible before the ultimate action is taken. Mayor Stout suggested that Mr. Deaux be given a copy of the Ordinance, and he could make any comments at the time of second reading. James Markman, City Attorney, handed Mr. Deaux a copy of the Ordinance. Charles West, 6311 Emerald, asked if this Ordinance pertained to recreational vehicles. James Markman, City Attorney, stated no. There being no further public input, the public hearing was closed. ORDINANCE NO. 386 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.23, IDENTIFYING AND PROVIDING A REMEDY FOR PUBLIC NUISANCES WHEN FOUND TO EXIST ON PROPERTY WITHIN THE CITY Deputy City Clerk, Debra Adams, read the title of Ordinance No. 386. MOTION: Moved by Alexander, seconded by Buquet to waive full reading, and set second reading for January 4, 1989. Motion carried unanimously, 5-0. F3. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA - An amendment to Title 8 of the Rancho Cucamonga Municipal Code by adding a new Chapter 8.25, providing a program for the removal of abandoned, wrecked, dismantled or inoperative vehicles from private property or public property not including highways. (1301-01 VEH ABAN) ORDINANCE NO. 387 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.25 PROVIDING A PROGRAM FOR THE REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS (38) City Council Minutes December 21, 1988 Page 16 (39) (40) (42) Deputy City Clerk, Debra Adams, read the titles of Ordinance No. 387. MOTION: Moved by Alexander, seconded by Buquet to waive full reading, and set second reading for January 4, 1989. Motion carried unanimously, 5-0. O. CITY MANAGER'S STAFF REPORTS G1. FINANCIAL CONDITION AND DUES INCREASE FOR LEAGUE OF CALIFORNIA CITIES IN THE AMOUNT OF $605.00 Staff report was presented by Jack Lam, Assistant City Manager, who asked City Council to approve the increase in the amount of dues. (0100-00 ADMIN) MOTION: Moved by Buquet, seconded by Wright to approve the increase. Motion carried unanimously, 5-0. , , , , , G2. UPDATE ON THE SESOUICENTENNIAL OF "THE RANCHO" - Update on planned activities for the Sesquicentennial of "The Rancho" and request for allocation of funds to cover the year-long celebration. Staff report presented by Joseph Schultz, Community Services Manager. (1402-06 HISTORY) (0102-02 POLICY) MOTION: Moved by Brown, seconded by Alexander to approve the requested allocation of funds to cover the year-long celebration. Motion carried unanimously, 5-0. , , , , , G3. HISTORIC PRESERVATION COMMISSION POLICY WHEN CONSIDERING ARECOMMENDATION FOR LANDMARK DESIGNATION - Historic Preservation Commission requests Council's review of the proposed policy and to forward any comments to the Commission for further discussion. Staff report presented by Arlene Banks, Associate Planner. (1402-06 HISTORY) Otto Kroutil, Deputy City Planner, added that the Historic Preservation Commission would like Council's comments. ACTION: Council concurred that the Historic Preservation Commission should continue along the s.ame track that they were proceeding with. , · , , , , G4. A PROPOSALTO DESIGNATE THEALTA LOMASCHOOL, 9488 19TH STREET, AS A POINT OF HISTORIC INTEREST - APN 201-474-2 - The Historic Preservation Commission recommends that the City Council approve the Resolution. Staff report presented by Arlene Banks, Associate Planner. (1402-06 HISTORY) Mayor Stout asked what it would take to change something that was named a Historic Point of Interest into a Designated Landmark. City Council Minutes December 21, 1988 Page 17 Arlene Banks, Associate Planner, said that it is stated in the Resolution, should an owner want to designate this as a Landmark. She stated a Historic Point of Interest is for recognition purposes only, and doesn't have any consequence as far as review by the Commission concerning changes to the exterior, whereas a Landmark does have those consequences, and is protected to some extent. Councilwoman Wright stated that she felt there was interest in seeking the restoration to some extent of that, and asked if that was possible. Arlene Banks, Associate Planner, stated that it could be restored fairly close to what it used to look like. Councilwoman Wright asked that because of the house being in escrow, did the City have any control over the restoration. Arlene Banks, Associate Planner, stated no. Councilman Buquet stated he was concerned with someone coming in and buying the site, and saying it is zoned X,Y,Z and wanting to demolish this building and build whatever on it, and that the City could not stop them. Arlene Banks, Associate Planner, stated she felt all the realtors were aware of the community and the Historic Preservation Commission's preference to keep the building, to rehabilitate it, but that we do not know for sure if that will happen. Councilman Buquet stated he felt this was at a much higher level than a Historic Point of Interest. Arlene Banks, Associate Planner, stated it is her understanding that the Council did not have to go with the recommendation of the Historic Preservation Commission by naming this a Historic Point of Interest, and that the Council could name this as a Landmark if they desired too. Councilman Buquet stated he felt this should be designated as a Landmark. Mayor Stout asked if there were any comments from the public. Marge Stamm addressed the Council, saying that she did not feel the building, as ~t sits now, covers criteria to be designated as Landmark, but that at this time she felt it should be designated as a Historic Point of Interest. She stated that she felt it would qualify as Landmark status if it is returned to its original condition. Otto Kroutil, Deputy City Planner, stated that if the City Council wanted to make a certain statement, a Landmark designation could be made later. He said they could still make a statement now that this should be preserved. City Council Minutes December 21, 1988 Page 18 Councilman Alexander asked if there was any problem with approving this as a Historic Point of Interest, but coming back down the road and making it a Landmark. Otto Kroutil, Deputy City Planner, asked Larry Henderson, Senior Planner, if this could be designated as a Landmark now. Larry Henderson, Senior Planner, said yes, it could be done by changing the Resolution to reflect it as a Landmark. He also pointed out that the Historic Preservation Commission did not want it to be designated as a Landmark, only as a Historic Point of Interest. Councilwoman Wright felt she would like staff to bring something back along the lines of changing this to a Landmark. Councilman Alexander stated his concern was if this sat on the market a long time. Councilman Buquet suggested that the Council go with a Historic Point of Interest tonight, and then to follow-up with something changing it to a landmark. RESOLUTION NO. 88-720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGNATION OF THE ALTA LOMA SCHOOL LOCATED AT 9488 19TH STREET AS A POINT OF HISTORIC INTEREST MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 88- 720, but to also come back at a later date to possibly make this a Landmark. Motion carried unanimously, 5-0. (4s) H. COUNCIL BUSINESS HI. REPORT ON LABOR CAMP SITUATION (Wright) Staff report presented by Duane Baker, Administrative Assistant, who reported exactly what has been done for the Labor Camp situation. (1002-00 PROPERTY) Councilwoman Wright asked if the holes that were in the back of the property had been abated. Duane Baker, Administrative Assistant, stated yes. Mayor Stout asked if there had been any activity on the Labor Camp site. Duane Baker, Administrative Assistant, stated that as far as he knew, there was no proposed development on the site, but that there was development occurring in the vicinity, which would be the vacant land just below the mobile home park. City Council Minutes December 21, 1988 Page 19 ACTION: Report received and filed. H2. CONSIDERATION OF APPOINTING ACTING CITY MANAGER (0502-02 PERSONNEL) Mayor Stout asked Jack Lam, Assistant City Manager, to act as Acting City Manager. Councilman Buquet asked that the Council consider that just because Jack Lam, Assistant City Manager, is named Acting City Manager, he should not be overlooked in the process of looking for a new City Manager. He also stated he did not feel that Jack Lam, Assistant City Manager, should be made an Acting City Manager until Lauren Wasserman, City Manager, was terminated, which would not be until February 15, 1989. James Markman, City Attorney, stated they did not have to have an Acting City Manager during the suspension period. MOTION: Moved by Wright, seconded by Brown to appoint Jack Lam, Assistant City Manager, as Acting City Manager. Motion carried 3-2 (Alexander, Buquet no). I. IDENTIFICATION OF ITEMS FOR NEXT MEETING I1. Councilwoman Brown asked for a report to come back on the number of Sheriff's personnel that would stay in the City in the event of a disaster, so that this could be incorporated in the budget process. I2. Councilwoman Wright stated that she had been in contact with a resident in the Woods development, and would like to know what the City's policy would be to specify that area a disaster in the event of high winds. I3. Councilman Buquet stated he would like a report to come back on the possibility of a long-term contract with the Sheriff's Department, for possibly three to five years, and stated this did not have come back right at the next meeting, that staff could wait a couple of meetings if necessary. He stated he would like the pros and cons of a three year contract, and input from the Sheriff's Department, with the possibility of extending it. I4. Councilwoman Wright would like a report to come back on the options and costs involved in looking for a new City Manager. I5. Mayor Stout stated he would like an update on Animal Control. James Markman, City Attorney, stated there has been a lot of discussions, and for the record he would like to say that because of the right of privacy of the person involved, and because of sensitivity, personnel matters must always be discussed in private; and secondly, without any doubt in his mind after twenty (44) City Council Minutes December 21, 1988 Page 20 years of practice in this field, the activities and actions of the City Council, on December 9th, and on December 15th of this month, did not in any way violate the Ralph M. Brown Act, and were valid. J. COMMUNICATIONS FROM THE PUBLIC J1. COMMENTS AND QUESTIONS FROM THE PUBLIC REGARDING THE DISCHARGE OF THE CITY MANAGER This item was discussed at the beginning of the meeting. , , , , , K · ADJOURNMENT MOTION: Moved by Wright, seconded by Brown to adjourn to Executive Session to discuss litigation with American Insurance Association, and also to discuss a personnel issue. Motion carried unanimously, 5-0. Meeting adjourned at 9:50 p.m. Respectfully submitted, Deputy City Clerk Approved: February 1, 1989