HomeMy WebLinkAbout1989/01/04 - Minutes January 4, 1989
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, January 4, 1989, in the Lions Park Community Center, 9161 Base Line
Road, Rancho Cucamonga, California. The meeting was called to order at 7:32
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, Acting City Manager; James Markman, City Attorney;
Brad Bullet, City Planner; Russell Maguire, City Engineer; Jim Hart,
Administrative Services Director; Duane A. Baker, Administrative Assistant;
Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; Jerry
Fulwood, Resource Services Director; Alan Warren, Associate Planner; Beverly
Nissan, Assistant Planner; Paul Rougeau, Senior Civil Engineer; Marti Higgins,
Disaster Preparedness Coordinator; and Debra J. Adams, Deputy City Clerk.
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B. ANNOUNCEMENTS/PRESENTATIONS
B1. Proclamation was presented to the Bonnere by Mayor Stout in recognition
of their accomplishment at the Marlboro Country Showdown National Competition
in Nashville, Tennessee.
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C. CONSENT CALENDAR
Cl. Approval of Warrants, Register No'B. 12/21/88 and 12/28/88 and Payroll
ending 12/22/88 for the total amount of $1,513,849.06.
C2. Approval to receive and file current Investment Schedule as of December
26, 1988.
C3. Alcoholic BeverageApplication for Off Sale General for Warehouse Liquors,
Tony R. Lin and Wun-Ping Wu, 10277 Foothill Boulevard.
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January 4, 1989
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C4. Approval of Park and Recreation Commission Recommendations for Appointment
of eleven Red Hill Community Residents to serve on the Creekside Park Community
Design Committee. PULLED BY COUNCILWOMAN WRIGHT FOR DISCUSSION (0701-01 APOINT
COM)
C5. Approval of recommendation that the City permit the County of San
Bernardino to defend the lawsuit of Los Angeles SMSA Ltd. Partnership, etc., et
al. v. State Board of Equalization, etc., et al. on behalf of the City of Rancho
Cucamonga. (0703-01 LITIGATION)
C6. Approval to declare an Apple IIe computer surplus and authorize the sale
of the computer. (0604-02 SURPL PROP)
C7. Approval of application for the per capita grant program under the
California Wildlife, Coastal, and Park Land Conservation Act of 1988 for the
acquisition of land for the North East Community Park as recommended by the Park
and Recreation Commission. (1404-06 PK DEVEL) (1002-00 PROPERTY)
RESOLUTION NO. 89-001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA
WILDLIFE, COASTAL AND PARK LAND CONSERVATION ACT OF 1988 FOR
ACQUISITION OF LAND FOR THE NORTH EAST COMMUNITY PARK
C8. Approval of the inclusion of five new projects into the Fiscal Year
1988/89 Capital Improvement Program. The new projects are: the design of
traffic signals at the intersections of Archibald and Lemon Avenues and at Haven
Avenue and Seventh Street; the design of parkway landscape improvements on the
east side of Rochester Avenue between Base Line Road and Highland Avenue; the
design of median island landscape improvements on Monte Vista Street east of
Eastwood Avenue; and the City-wide Beautification Master Program Review and Fee
Nexus Study. (0806-0 CIP)
C9. Approval to order the annexation of certain territory to Landscape
Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and
6 for DR 87-17, located on the northeast corner of Haven and Highland Avenues.
(0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 3AND STREET LIGHTINGMAINTENANCE
DISTRICT NOS. 1 AND 6 FOR DR 87-17
Cl0. Approval to execute the Agreement (CO 89-001) 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, for a maximum of
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January 4, 1989
Page 3
$171,500 plus a 10% contingency. The project is funded through the 1988/89
Redevelopment Agency Budget, Account No. 13-50300. (0602-01 CONTRACT)
Cll. Approval to execute Professional Services Agreement (CO 89-002) with
Landscape and Water Management Consultants for design and operations training
for the Red Hill Lake Biosystem Modifications, and approve the inclusion of a
10% contingency fee, for a total not to exceed $17,000.00. Project to be funded
by account number 25-4285-7043. This is a Fiscal Year 1988/89 budgeted
appropriation. PUT3~D FOR DISCUSSION BY COUNCILWOMANWRIGHT (0602-01 CONTRACT)
C12. 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 87-19 and DR 87-20, located
on the northeast corner of Sixth Street and Turner Avenue, submitted by Indumar
Investments, Inc. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 87-19 AND 87-
20
RESOLUTION NO. 89-004
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 87-19 AND
DR 87-20
C13. Approval of Map, execution of Improvement Agreement, Improvement Security
and Ordering the Annexation to Landscape Maintenance District No. 1 and Street
Lighting Maintenance District NoB. 1 and 2 for Tract 13063, located on the east
side of East Avenue at Catalpa Street, submitted by Citation Builders. (1002-
09 MAP FINAL) (0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13063
RESOLUTION NO. 89-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13063
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January 4, 1989
Page 4
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C14. Approval to execute Improvement Agreement and Improvement Security, and
Ordering the Annexation to Landscape Maintenance District No. 3 and Street
Lighting Maintenance District Nos. i and 6 for MDR 88-19, located on the south
side of Arrow Route, east of Haven Avenue and west of White Oak Avenue. (0602-
01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR MINOR DEVELOPMENT REVIEW NO. 88-19
RESOLUTION NO. 89-008
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 MINOR
DEVELOPMENT REVIEW NO. 88-19
C15. Approval of Map, exccuti~l of Ialp~ov{..{nt A~ccm~nt, I..Fr~em{nt Security
and OMe:in9 th~ Annexation to Landscap~ Maintenance District No. I and St~cct
Li9htin9 Maint~.ancc District Nos. 1 and 2 for Tract 12332 2, located on the
cast sid~ of Haven Av{nu~, north of Hillsid{ Channel, suh,,itted by M.J. D~ock
and Sons, Inco:Foratcd. (1002-09 MAP FINAL) (0401-03 LNSCAPE MD) (0401-03 ST
LTMD)
RESOLUTION NO. 09 009
A RESOLUTION OF TIIE CITY COUNCIL O~ TIIE CITY OF RAN~IO
CUCAMONOA, CALIFORNIA, APPROVIN~ IMPROVEMENT AOREE~NT,
IMPROVEmeNT SECURITY, AND FINAL ~P OF TRACT NO. 12332 2
RESOLUTION NO. 09 010
A RESOLUTION O~ TIIE CITY COUNCIL OF TI~ CITY OF RANCIIO
CUCAMONOA, CALIFORNIA, ORDERINO TIlE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE b~INTENANCE DI3TRICT NO. 1 AND 3TREET
LIOI~INO ~INTENANCE DISTRICT NOO. 1 M{D 2 FOR TRACT 12332 2
ITEM C15 PULLED BY M.J. BROCK & SONS.
MEETING.
ITEM TO COME BACK AT JANUARY 18, 1989
C16. Approval to Release Real Property Improvement Contract and Lien Agreement
(CO 89-003) releasing Parcel 1 of Parcel Map 8100, located on the northeast
corner of Ramona Avenue and Foothill Boulevard, submitted by First American
Title Insurance Company. (0602-01 AGREE R I/L)
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January 4, 1989
Page 5
RESOLUTION NO. 89-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEMENT FROM FARMER JACK'S NURSERY LAND
COMPANY
C17. Approval to accept Improvements, Release of Bonds and file a Notice of (18)
Completion for Tract 12319 Pedestrian Bridge, located on the northwest corner
of Tetra Vista Parkway and Spruce Avenue. (0602-01 BOND REL) (0704-18 NOT
COMPLT )
Faithful Performance Bond (Street) $ 28,500.00
RESOLUTION NO. 89-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACT 12319 PEDESTRIAN BRIDGE AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
C18. Approval of Emergency Management Assistance Signature Resolution amending (19)
Resolution 87-536 as required by State Office of Emergency Services to
facilitate Rancho Cucamonga's request to participate in Funding Assistance
program. (0201-00 DISASTER) (0100-00 ADMIN)
RESOLUTION NO. 87-536A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, NAMING INDIVIDUALS WHO ARE AUTHORIZED
TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE CITY OF RANCHO
CUCAMONGA
C19. Approval of a Subordination Agreement (CO 89-004) from Booker T. Laster (20)
and Migdalia E. Laster for their property located at 443 Crooked Creek Drive.
(0602-01 AGREE SUB)
RESOLUTION NO. 89-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, APPROVING A SUBORDINATION AGREEMENT FROM BOOKER T.
LASTER AND MIGDALIA E. LASTER AND AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN SAME
MOTION: Moved by Brown, seconded by Alexander to approve the Consent
Calendar, less items C4, Cll and C15. Motion carried unanimously, 5-0.
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January 4, 1989
Page 6
DISCUSSION OF ITEM C4. Approval of Park and Recreation Commission
Recommendations for Appointment of eleven Red Hill Community Residents to serve
on the Creekside Park Community Design Con~nittee.
Councilwoman Wright stated she had pulled this item because she did not feel
Bill Holley should be included on the list, because of his previous work on this
Committee.
Councilman Buquet felt that as a resident, Bill Holley should be able to work
with this group, and felt that his background in this area would assist the
Committee.
Councilman Alexander mentioned the fact that because there were eleven people
to be on this Committee, he did not feel one person could override whatever was
trying to be accomplished.
MOTION= Moved by Wright, seconded by Brown to approve the following
individuals submitted with the exception of Bill Holley=
1. Richard Clements
2. Ron Holdridge
3. 'Bill Holley
4. Gail Marlow
5. Frank Perri
6. Tom Subt
7. Mrs. Bonnie Quaintance
8. Mr. & Mrs. Steven Scholl
9. Walter Todorov
10. Hugo Valrinek
11. Matthew & Valeria Wilson
7717 Buena Vista
8441 Via Ladera
7515 Valle Vista
8287 Calle Del Prado
8373 Camino Sur
8480 Camino Sur
7440 Buena Vista
7354 Alta Cuesta
7450 Valle Vista
7599 Buena Vista
7516 Valle Vista
Motion carried, 3-2 (Alexander, Buquet no).
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DISCUSSION OF ITEM C11. Approval to execute Professional Services Agreement (CO
89-002) with Landscape and Water Management Consultants for design and
operations training for the Red Hill Lake Biosystem Modifications, and approve
the inclusion of a 10% contingency fee, for a total not to exceed $17,000.00.
Project to be funded by account number 25-4285-7043. This is a Fiscal Year
1988/89 budgeted appropriation.
Councilwoman Wright stated she had pulled Item Cll so that she could ask the
question, as she does whenever there is an item regarding Red Hill Park, would
the City be reimbursed at some time for the cost of this, once all of the
lawsuits have been settled.
Russell Maguire, City Engineer, stated yes.
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January 4, 1989
Page 7
James Markman, City Attorney, stated this particular contract does not relate
to any pending litigation, just to clarify Councilwoman Wright's question.
Councilwoman Wright then asked if this relates to a better technology.
James Markman, City Attorney, said possibly, and that they will possibly find
corrections, and that there may be design errors in the fist place. He did not
say for certain if a pending case would pay for this unless there is an error
found, and that would probably be a different lawsuit.
Councilwoman Wright stated that she would like Council to give direction to
staff to let the Council know if this is for better technology, or if there are
any design or construction errors, and for this information to come back to the
Council.
MOTION: Moved by Wright, seconded by Alexander to approve Item Cll. Motion
carried unanimously, 5-0.
D. CONSENT ORDINANCES
Deputy City Clerk Debra Adams read the titles of Ordinance Nos. 383, 386 and
387.
Councilwoman Wright asked if Items D1 and D2 related to each other.
James Markman, City Attorney, stated they do relate, but that they didn't both
have to be approved in order to make one effective.
Councilwoman Wright asked that Items D1 and D2 be pulled.
Fred Deaux asked for Item D3 to be pulled.
DI.' GRAFFITI ORDINANCE (1110-18 VANDALISM)
ORDINANCE NO. 383 (second 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 8.24
PROVIDING A PROGRAM FOR THE REMOVAL OF GRAFFITI AND OTHER
INSCRIBED MATERIALS FROM WALLS AND STRUCTURES ON BOTH PUBLIC
AND PRIVATE PROPERTY
Councilwoman Wright asked when Ordinance No. 383 was first introduced.
James Markman, City Attorney, stated it was probably around October or November
of 1988.
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January 4, 1989
Page 8
Councilwoman Wright stated that she had asked for a financial impact report on
this 60 days ago, and was supposed to have received the information at the next
meeting and did not, but was told that it would be forthcoming later. She
stated that she got the financial impact report on December 7, 1988, which
completely changed her point of view about the Ordinance. She said after
receiving the financial impact report, she was confused about this Ordinance,
and why it was going to cost $91,000.00 to remove the graffiti from public
property for the 1989/90 fiscal year. She said that this was not counting the
$35,000.00 that it is going to cost to remove the graffiti from the private
property.
She felt this information made the whole thing seem completely different, and
had she had this information before, she didn't think this would have gone to
second reading. She felt the graffiti on public property should be removed
first, and then the graffiti on the private property would look less abundant.
She said it was also telling her the service level was only covering gang and
obscene graffiti. She said that ties in with another report she has asked for,
and that is the gang activity in the City. She said she was told there was no
gang activity in the City, yet she is being told there is $91,000.00 worth of
graffiti that needs to be removed. She said she would like for it to be
investigated on other sources of funding to get the graffiti removed like other
cities are doing, such as by fining, and would like to find out about this
before she goes ahead and approves the Ordinance, to see if there is some way
to regain this $91,000.00 that it will cost for this program.
She also felt there were problems in the funding of the Ordinance as it was
presented tonight, and felt that the public property should be taken care of
first, and her reason for that was because she got the information so late.
Councilwoman Brown asked if staff had asked for a cost analysis from other
cities.
Jack Lam, Acting City Manager, informed the Council of the request he had
received, and the steps taken to compile the information that was in the
Ordinance, and what has been given to Council so far in reports.
James Markman, City Attorney, added that this is an enabling Ordinance, and that
it isn't a budgeted item. He informed the Council that you usually don't catch
anyone who is creating a graffiti problem, and that the City probably would not
get any money back on this.
Councilman Buquet added that the City is currently removing the graffiti, and
that they are already spending money for this. He felt that if this is on
public property, it should be removed. He still felt the enabling factor should
be there.
Councilman Alexander stated that he would like to see the Sheriff's report on
gang activity. He also felt that something needed to be done about the graffiti
problem. He also asked staff if there was a way to collect the money from
people who own the private property where the graffiti was located.
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January 4, 1989
Page 9
James Markman, City Attorney, stated if the City removed graffiti from private
property, they could charge the owner for this.
Mayor Stout questioned the figures in the report°
Russell Maguire, City Engineer, said the final figures have not yet been made
available.
Councilwoman Brown stated, again, that she would like to have a cost analysis
on what other cities are paying as far as public and. private removal.
Councilwoman Wright said she is a big advocate of graffiti removal, but that her
concern was using good fiscal sense. She said she would like this to be
discussed in detail at the time the budget is discussed.
D2. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA - An amendment to
Title 8 of the Rancho Cucamonga Municipai 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. (1110-18 VANDALISM)
ORDINANCE NO. 386 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ENDING 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
D3. 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. (1301-01VEH ABAN)
ORDINANCE NO. 387 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCNO
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
Addressing Council was:
Fred Deaux, 11036 Shaw Street, asked many questions of the City Attorney
about this Ordinance.
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January 4, 1989
Page 10
MOTION: Moved by Wright, seconded by Alexander to waive full reading of
Ordinance Nos. 383, 386 and 387 and approve all three Ordinances. Motion
carried unanimously, 5-0.
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E. ADVERTISED PUBLIC HEARINGS
NOTE: ITEMS E1 AND E2 WERE HANDLED TOGETHER
El. MASTER ENVIRONMENTAL ASSESSMENT {MEA) AND ENVIRONMENTAL IMPACT REPORT
{EIR) FOR THE RANCHO CUCAMONGA GENERAL PLAN TECHNICAL UPDATE - A comprehensive
study to identify the environmental characteristics and constraints of the
General Plan area. As an MEA, the document will provide a central source of
current environmF-.tal information to assist in identifying long range, area
wide, and cumulative impacts of individual projects proposed in the General Plan
area. Continued from 12-7-88. Staff report presented by Alan Warren, Associate
Planner. (0203-03 GEN PLAN) (1403-06 EIR)
RESOLUTION NO. 88-700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE CERTIFICATION OF THE
MASTER ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL IMPACT
REPORT FOR THE GENERAL PLAN TECHNICAL UPDATE, AND MAKING
FINDINGS IN SUPPORT THEREOF
E2. GENERAL PLAN TECHNICAL UPDATE - CITY OF RANCHO CUCAMONGA - The project is
the preparation, review, and adoption of a technical update of the General Plan
consisting of statistical information and implementation measures, and revisions
to the Community Design section of the Land Use and Development Element.
Continued from 12-7-88. Staff report presented by Alan Warren, Associate
Planner. (0203-03 GEN PLAN)
RESOLUTION NO. 88-701
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ADOPTION OF THE GENERAL
PLAN TECHNICAL UPDATE, AND MAKING FINDINGS IN SUPPORT THEREOF
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
Councilwoman Brown stated she had a problem with Resolution No. 88-700 for the
following reason:
On Attachment Two, about halfway down, it says, "In order to determine to
what extent General Plan Land Use policies would need to be modified so
City Council Minutes
January 4, 1989
Page 11
as not to contribute to the cumulative impact on air quality, a more
extensive General Plan study would be required than the simple statistical
and administrative update on which this document is based."
She felt that was in order, and based on that, could not vote for this.
MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 88-
700. Motion carried 4-1, (Brown, no)
MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 88-
701. Motion carried unanimously, 5-0.
E3. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 88-03 - WHEELER AND
WHEELER ARCHITECTS - Appeal of the Planning Commission's decision approving the
development of a retail center and service station totaling 4,416 square feet
on a 0.63 acres of land in the Community Commercial District (Subarea 2) of the
Foothill Boulevard Specific Plan, located at the southeast corner of Foothill
Boulevard and Vineyard Avenue - APN 208-192-06. (0701-06 APPEAL)
RESOLUTION NO. 89-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
88-03 FOR THE DEVELOPMENT OF A RETAIL CENTER AND SERVICE
STATION TOTALING 4,416 SQUARE FEET ON 0.63 ACRES OF LAND IN
THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL
BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF
FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS
IN SUPPORT THEREOF
ENVIRONMENTAL ASSESSMENT AND VARIANCE 88-09 - WHEELER AND WHEELER
ARCHITECTS - Appeal of the Planning Commission's decision approving a request
to reduce the required parking setback along Foothill Boulevard from 50 feet to
40 feet and along Vineyard Avenue from 50 feet to 43 feet for a retail center
and service station in the Community Commercial District (Subarea 2) of the
Foothill Boulevard Specific Plan, located at the southeast corner of Foothill
Boulevard and Vineyard Avenue - APN 208-192-06. (0701-06 APPEAL)
RESOLUTION NO. 89-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 88-09 TO REDUCE
THE REQUIRED PARKING SETBACK ALONG FOOTHILL BOULEVARD FROM 50
FEET TO 40 FEET AND ALONG VINEYARD AVENUE FROM 50 FEET TO 43
FEET FOR A RETAIL CENTER AND SERVICE STATION IN THE COMMUNITY
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City Council Minutes
January 4, 1989
Page 12
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COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD
SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL
BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT
THEREOF
Mayor Stout stated there was a letter asking for a continuance on this item.
Brad Buller, City Planner, said he has talked to representatives from Wheeler
and Wheeler about the continuance, and they do agree.
MOTION: Moved by Alexander, seconded by Wright to continue the item to
January 18, 1989. Motion carried unanimously, 5-0.
E4. MODIFICATION TO CONDITIONAL USE PERMIT 87-19 - SIERRAVISTA BAPTIST CHURCH
- Appeal of the Planning Commission's decision regarding a request to delete
certain conditions pertaining to landscaping along Base Line Road for a
previously approved church facility located at the southwest corner of Jasper
Street and Lomita Court - APN 202-026-13. Staff report presented by Scott
Murphy, Associate Planner. (0701-06 APPEAL)
RESOLUTION NO. 89-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA DENYING AREQUEST TO DELETE A CONDITION
OF APPROVAL FOR CONDITIONAL USE PERMIT 87-19 PERTAINING TO
LANDSCAPING ALONG BASE LINE ROAD FOR A PREVIOUSLY APPROVED
CHURCH FACILITY LOCATED AT THE SOUTHWEST CORNER OF JASPER
STREET AND LOMITA COURT
Mayor Stout opened the meeting for public input. Addressing Council was:
Dr. John Marshall, pastor of Sierra Vista Baptist Church, stated he felt
the landscaping conditions should be delayed. He went through the events
that had taken place, and why he wanted to appeal the Planning
Commission's decision. He said they are not asking that the condition be
deleted, but that the condition be postponed. He said the Church did not
have the $11,400.00 to do this landscaping at this time. He also brought
up the fact that the Water District did not want them to go on their land
unless they were to go before the Water District Board, but further stated
that in a discussion with the Water District this date, they did agree to
the Church coming on their land. He said they are willing to do the work,
but that there is no plan, which he just learned of tonight. He said he
had originally been told the plan would be available in six weeks. He said
he was told they could put the money in trust until the work was done.
He stated they were willing to go ahead with the Water District's
property's landscaping when the plan is completed, but would like to be
able to occupy their building now.
City Council Minutes
January 4, 1989
Page 13
Clark Lewis, 856 Berkeley Court, Ontario, stated that he is being told
there is no plan, but they would like to go ahead and move into their
building, and will put in the landscaping once the plan is completed.
Councilman Buquet felt there seemed to be confusion by the appellant as to the
availability of the landscaping plan.
Russell Maguire, City Engineer, explained what had happened in the Engineering
Department, as far as their plan.
Councilwoman Wright asked a question on Number 10 on the Planning Commission
Resolution 87-128 A.
Russell Maguire, City Engineer, explained this to Councilwoman Wright.
Councilwoman Wright asked if the Church were to install the landscaping
themselves, what kind of timeline would they be looking at for occupancy.
Russell Maguire, City Engineer, stated over two weeks.
Councilwoman Wright asked if they were to pay the in-lieu fees tonight, could
they occupy now.
Russell Maguire, City Engineer, stated yes.
Mayor Stout asked Mr. Lewis who had drawn their plans.
Mr. Lewis responded Matlock.
Councilman Buquet felt that instead of going back and forth on this item, that
occupancy be granted by setting a timeframe to work out the plans, get the Water
District approval and hold this until the next phase of the project.
There being no further input, the public hearing was closed.
Brad Buller, City Planner, said the Council could modify Planning Commission
Condition 10 by changing the language.
MOTION: Moved by Buquet, seconded by Brown to change Planning Commission
Condition No. 10 by saying: The issuance of Building Permits for Phase II for
the Church Master Plan Conditional Use Permit, that the landscaping out on Base
Line shall be installed consistent with the City of Rancho Cucamonga's Base Line
Beautification Plan, but installation is not required until Phase II is
completed. Motion carried unanimously, 5-0.
A recess was taken at 9:27 p.m. The meeting reconvened at 9:45 p.m. with all
members of Council present.
City Council Minutes
January 4, 1989
Page 14
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E5. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 88-06 -
MERCY AMBULANCE - A request to add ambulance services as a conditionally
permitted use within the Office/Professional District of the Etiwanda Specific
Plan. Staff report presented by Beverly Nissan, Assistant Planner. (0203-05
ETIW SP)
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
ORDINANCE NO. 388 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 88-06, ADDING AMBULANCE SERVICES AS A CONDITIONALLY
PERMITTED USE WITHIN THE OFFICE/PROFESSIONAL DISTRICT
Deputy City Clerk Debra Adams read the title of Ordinance No. 388.
MOTION: Moved by Buquet, seconded by Brown to waive full reading and set
second reading for January 18, 1989. Motion carried unanimously, 5-0.
(30)
F. PUBLIC HEARINGS
F1. MINOR DEVELOPMENT REVIEW 87-71 - COMMERCIAL CARRIERS, INC. - An appeal of
the conditions of approval for the grading and paving of approximately 12 acres
of land for outdoor storage within the Minimum Impact/Heavy Industrial Specific
Plan (Subarea 9) located on the south side of Jersey Boulevard between Utica and
Vincent Avenues. Continued from 12-7-88. Staff report presented by Otto
Kroutil, Deputy City Planner. (0701-06 APPEAL)
RESOLUTION NO. 88-704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING ANAPPEAL OF MINOR DEVELOPMENT
REVIEW NO. 87-71 LOCATED AT 10807 JERSEY BOULEVARD IN THE
MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) OF THE
INDUSTRIAL SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT
THEREOF
Mayor Stout opened the meeting for public hearing. Addressing Council was:
Grant Becklund, Commercial Carriers, stated he would like a continuance
on this item in order to work with staff on some compromises. He felt
that after reading the staff report, they could work things out.
City Council Minutes
January 4, 1989
Page 15
Councilman Buquet felt that at this point in time, they should have been further
along with this than they are now.
Mayor Stout said he had no problem with a two week continuance, if something
good could come out of it.
MOTION: Moved by Alexander, seconded by Buquet to continue the item to
January 18, 1989. Motion carried unanimously, 5-0.
F2. RECOMMENDATION TO ESTABLISH SPEED LIMITS - It is recommended that a speed
limit of 35 MPH be established on Hillside Road from Haven Avenue to Canistel
Avenue, 45 MPH on Base Line Road from Haven Avenue to Spruce Avenue, 45 MPH on
Haven Avenue from 4th Street to Wilson Avenue, and 45 MPH on Etiwanda Avenue
from Highland Avenue to 24th Street. Staff report was presented by Paul
Rougeau, Senior Civil Engineer. (1141-10 SPEED LIM)
Mayor Stout felt that in the daytime most motorists drive about 45 MPH on Haven
Avenue, but that most of the time they do drive 55 MPH. He asked how Paul
Rougeau, Senior Civil Engineer, felt about that, and if he felt the residents
would be bothered by having the speed reduced to 45 MPH.
Paul Rougeau, Senior Civil Engineer, felt there could be some adverse reaction
to it, but that it would depend on the enforcement program. He felt they should
probably hold on the 45 MPH speed limit, and leave it unposted until it was
necessary to change this.
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
ORDINANCE NO. 389 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SECTION 10.20.020 OF THE RANCHO
CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON
CERTAIN CITY STREETS
Deputy City Clerk Debra Adams read the title of Ordinance No. 389.
MOTION: Moved by Alexander, seconded by Buquet to waive full reading, and
set second reading for January 18, 1989. Motion carried unanimously, 5-0.
CITY MANAGER'S STAFF REPORTS
There were none.
City Council Minutes
January 4, 1989
Page 16
(32)
H. COUNCIL BUSINESS
H1. REPORT ON SHERIFF'S PERSONNEL TO STAY IN RANCHO CUCAMONGA IN THE EVENT OF
A DISASTER (Brown) Staff report presented by Jack Lam, Acting City Manager.
(1301-00 SHERIFF) (0201-00 DISASTER)
Councilwoman Brown stated she had asked this to be placed on the agenda because
she was made aware, after attending CSTI, that Rancho Cucamonga was not ready
for a major disaster or emergency. She stated that she and Councilwoman Wright
had met with Lauren Wasserman, City Manager, to discuss what was in the staff
report tonight. Mr. Wasserman, City Manager, said that he would have to meet
with the Sheriff's Department to see if something like this could be provided.
She further stated that back in May of 1987, the Public Safety Commission had
asked questions on this, asking the same questions that she and Councilwoman
Wright were asking. Then on June 12, 1987, she received a report from Mr.
Wasserman, City Manager, saying that he assumed the City would be protected
under the circumstances. The fact is, though, under the County Disaster Plan,
the Commander does not have the authority to deploy Sheriff's personnel at his
discretion. In other words, we loose control in emergencies. She stated that
on June 30, 1987, the office of James Markman, City Attorney, had responded to
the questions presented by the Public Safety Commission, stating very concisely
that the City would loose control in an emergency.
She stated this is why it was being brought up today and stated that she and
Councilwoman Wright had met with Lauren Wasserman, City Manager, in February of
1988, and in September of 1988 they had received a memo from Lauren Wasserman,
City Manager, and he had gone back to the Sheriff's Department to see if we
could negotiate some kind of percentage that would remain in Rancho Cucamonga
in the event of an emergency. She asked if 50% is the maximum amount the Board
would allow.
Jack Lam, Acting City Manager, stated this is what he understands, and this is
what was approved in the amendment to the contract in November of 1988, which
was approved by the Sheriff's Department and the County Board of Supervisors.
Councilwoman Brown stated the 50% was not discussed with Council, and that they
had no say in this matter. She felt the City should know exactly how many
personnel would remain in the City in the event of an emergency.
Mayor Stout asked if this contract was good, since Lauren Wasserman, City
Manager, had signed it instead of the Mayor.
James Markman, City Attorney, stated he could not answer that at this time.
Councilwoman Wright felt that when this comes up again, there should be an
agreeable number, and she felt all of these things need to be worked out in to
the next contract.
ACTION: Report received and filed.
City Council Minutes
January 4, 1989
Page 17
H2. DISASTER PREPAREDNESS INFORMATION REGARDING PRIVATE PROPERTY DAMAGE DURING
DISASTERS (Wright) Staff report presented by Marti Higgins, Disaster
Preparedness Coordinator. (0201-00 DISASTER)
Councilwoman Wright asked what kind of State assistance would be given to the
private property owner in the case of a disaster,
Marti Higgins, Disaster Preparedness Coordinator, stated it would depend on the
requirements as far as the damage assessment and by someone not having the
resources to repair themselves.
Councilwoman Wright asked when the final disaster plan would be completed.
Marti Higgins, Disaster Preparedness Coordinator, stated within two months.
ACTION:
Report received and filed.
H3. APPROVAL OF OPTIONS FOR RECRUITMENT FOR A CITY MANAGER (Wright) Staff
report presented by Jim Hart, Administrative Services Director. (0502-02
PERSONNEL)
James Markman, City Attorney, added that a suggestion for a contact would be the
Mayor or his office.
Councilwoman Brown stated she felt the Council should have an Executive Session
to discuss this first.
James Markman, City Attorney, stated they could appoint anyone, anytime they
wanted to.
Councilman Alexander asked the exact termination date of Lauren Wasserman, City
Manager.
James Markman, City Attorney, stated that would not be decided until February
15, 1989.
Councilman Alexander asked do they need to appoint a City Manager now or could
it wait until Lauren Wasserman was officially gone, since they already have an
Acting City Manager.
Councilwoman Wright asked James Markman, City Attorney, to describe the notice
that was given to Lauren Wasserman, City Manager.
James Markman, City Attorney, said in the Notice of Intent, they gave Lauren
Wasserman, City Manager, until February 15, 1989 for his suspension period.
(33)
City Council Minutes
January 4, 1989
Page 18
(34)
(35)
(36)
Councilman Buquet felt that nothing should be done until after February 15,
1989.
Councilwoman Brown asked did they or did they not receive a confidential memo
regarding the City's credit rating, that we should get the ball rolling and get
on with the program.
Jack Lam, Acting City Manager, stated that it would be prudent in this case, to
calm jittery financial markets, and the public side, that there is management
and political stability in the City as well as fiscal stability. He stated
there are questions in those markets, and it is recommended that when the new
City Manager is selected, that it be appropriate to make presentations to the
institutional bond holders, to the rating agencies and the insurance agencies,
in which we purchase the insurance. He stated it was not intended to indicate
that one should slow or speed up the process.
Councilwoman Wright stated that with Lauren Wasserman, City Manager, not coming
back, that the Council needs to get on with it.
Mayor Stout felt that the Council should go with an executive search firm.
MOTION: Moved by Stout, seconded by Brown to send out Requests for Proposals
to the five suggested search firms.
Councilman Alexander said he did not agree to get rid of Lauren Wasserman, City
Manager, but he felt the process should get started by going outside to look for
a new City Manager. He also wanted any additional firms to get the Request for
Proposal if staff felt they would be suitable to handle this request.
Motion carried 4-1 (Buquet, no).
· · , , ,
H4. UPDATE ON ANIMAL CONTROL (Stout) Staff report presented by Duane Baker,
Administrative Assistant. (1150-01 ANIMAL CON)
ACTION:
Report received and filed.
H5. PLANNING COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS
TO THE PLANNING COMMISSION (0701-01APOINT PC)
MOTION: Moved by Alexander, seconded by Brown to reappoint Bruce Emerick and
Suzanne Chitiea to the Planning Commission. Motion carried unanimously, 5-0.
, , , , ,
H6. ADVISORY COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS
TO THE ADVISORY COMMISSION (0701-01 APOINT AC)
City Council Minutes
January 4, 1989
Page 19
(37)
(38)
MOTION: Moved by Stout, seconded by Alexander to reappoint Grace Jones, Tiina
Ross, and Stephen Barras, and to appoint Patricia Geye to fill the vacancy
created by the resignation of Bob Thomas. Motion carried unanimously, 5-0.
H7. PUBLIC SAFETY COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR
APPOINTMENTS TO THE PUBLIC SAFETY COMMISSION (0701-01 APOINT PSC)
MOTION: Moved by Alexander, seconded by Stout to appoint George Yankovich
to fill the unexpired term created by the resignation of William Alexander.
Motion carried unanimously, 5-0.
H8. CONSIDERATION OF APPOINTMENT TO THE RANCHO CUCAMONGA COMMUNITY FOUNDATION
BOARD OF DIRECTORS Staff report presented by Susan Mickey, Administrative Aide.
(0701-01 APOINT CF)
MOTION: Moved by Alexander, seconded by Buquet to appoint Tiina Ross to fill
the unexpired term created by the resignation of Steve Sensenbach. Motion
carried unanimously, 5-0.
Mayor Stout asked what the chances were to separate the Rancho Cucamonga
Community Foundation from the City.
James Markman, City Attorney, stated the Rancho Cucamonga Community Foundation
does not feel this is necessary.
Councilwoman Brown suggested the Council sub-committee for the Foundation meet
with them, and also John Francis, to discuss this.
Councilwoman Wright would like to review the original process in setting up the
Foundation.
I. IDENTIFICATION OF ITEMS FOR NEXT MEETINO
I1. Councilwoman Brown stated she would like to develop a Growth Management
Task Force as was done in the City of Carlsbad, so that this could be put on the
ballot.
I2. Mayor Stout requested an update on the lighting situation at Red Hill and
Heritage Parks.
· , , , , ,
City Council Minutes
January 4, 1989
Page 20
J. COMMUNICATIONS FROM THE PUBLIC
Jack Williams, 9800 Base Line Road, said that just because the community may
disagree with what the City Council has done in regards to the termination of
Lauren Wasserman, City Manager, he felt the community should band together. He
stated that although there is a group out there establishing a recall, that
there is also a group that does not support the recall. He is not in favor of
the recall himself.
Fred Deaux, 11306 Shaw Street, stated he supports Councilwoman Deborah Brown on
the Task Force for Growth Management issue. He also stated he is in support of
what the Council has done with the termination of Lauren Wasserman, City
Manager, and he is not in support of the recall.
K. ADJOURNMENT
MOTION: Moved by Alexander, seconded by Buquet to adjourn to Executive
Session for purposes of discussing land acquisition. Motion carried
unanimously, 5-0. Meeting adjourned at 11:35 p.m.
Res ectfully submitted,
Debra J. Adams
Deputy City Clerk
Approved: March 1, 1989