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HomeMy WebLinkAbout1992/08/19 - Minutes August 19, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL IV~NUTES Regular Meeting A. CAI,I, TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held on Wednesday, August 19, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:09 p.m. by Mayor Dennis L. Stout Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Diane Williams, and Mayor Dennis L. Stout. Also present were: Jerry Fulwood, Acting City Manager; Ralph Hanson, Deputy City Attorney; Rick Gomez, Community Development Director; Olen Jones. Sr. RDA Analyst; Taffy Smith, Park Planning/Development Superintendent; Brad Buller, City Planner; Otto Kroutil, Deputy City Planner;, Scott Murphy. Associate Planner;. Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Mike Olivier, Sr. Civil Engineer; Betty Miller, Associate Engineer; Duane Baker, Assistant to the City Manager;, Diane O'Neai, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Jan Sutton, Deputy City Clerk. Absent was Councilmember: Pamela J. WrighL B, ANNOUNCEMENTS/PRESENTATIONS No announcements or presentations were made. C. COMMUNICATIONS FROM THE PUBI.IC No communications were made from the public. D. CONSENT CAI,ENDAR D1. Approval of Minutes: July 15, 1992 D2. Approval of Warrants, Register Nos. 7/29/92 (FY 91/92), 7/29/92 (FY 92/93), 8/5/92 (FY 91/92), and 8/5/92 (FY 92/93); and Payroll ending 7/30/92 for ~e total amount of $1,493,900.23. D3. Approval to receive and file current Investment Schedule as of July 31, 1992. City Council Minutes August 19, 1992 Page 2 (3) (4) (5) Approval to reject all bids as non-responsive and authorize the re-advertising of the "Notice Inviting Bids" for the Haven Avenue Rehabilitation and Widening from Fourth Street to Foothill Boulevard, to be funded from Systems Fund, Account No. 22-4637-8936 and Federal Aid Urban (F.A.U.) Fund, Account Number 24-4637-8838. ITEM REMOVED FROM AGENDA. (0601-01 BID) RESOLUTION NO. 92-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE REHABILITATION AND WIDENING, FROM FOURTH STREET TO FOOTH1LL BOULEVARD", IN SAID CITY AND AUTHOR ~ING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to Change the Day and Time of the Regular Historic Preservation Commission Meetings. (0701- 01 COMMISSION) RESOLUTION NO. 92-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CHANGING THE DAY AND TIME FOR THE REGULAR MI:-I~-TINGS OF THE HISTORIC PRESERVATION COMMISSION D6. Approval to Designate City Representative and Alternate Representative for the California Municipal Insurance Authority (CMIA) Board of Directors. (0401-15 INSURANCE) RESOLUTION NO. 92-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPOINTING A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE CALIFORNIA MUNICIPAL INSURANCE AUTHORITY BOARD OF DIRECTORS D7. Approval to adopt Annual Statement of Investment Policy. (0408-00 INVESTMENT) (0102-02 POLICY) D8. Approval of a Resolution authorizing the defeasance of certain obligations of the City of Rancho Cucamonga (CO 92-057) with a portion of the proceeds from the Rancho Cucamonga Redevelopment Agency's 1990 Tax Allocation Bonds. (0602-01 CONTRACT) (0203-06 RDA) RESOLUTION NO. 92-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND AUTHORIZING THE DEFEASANCE OF ITS OBLIGATIONS WITH RESPECT TO CALIFORNIA CITIES FINANCING CORPORATION'S $6,390,000.00 CERTIFICATES OF PARTICIPATION, 1988 SERIES B WITH A PORTION OF THE PROCEEDS OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S 1990 TAX ALLOCATION BONDS AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND OTHER MA17ERS PERTAINING THERETO City Council Minutes August 19, 1992 Page 3 I)9. Approval to execute an agreement (CO 92-058) for HVAC service for the Civic Center and Public Safety Facility with Robertshaw, Incorporated for FY 1992/93 in the amount of $22,130.00 to be funded from Account No. 01-4245-6028. (06(0-01 CONTRACT) D10. Approval to authorize the Mayor to execute the Proposal (CO 92-059) from Tert~ Wolfe of Terry's Fireplace to purchase bulk wastewood from the City of Rancho Cucamonga. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. (0602-01 CONTRACT) D11. Approval to award and authorization to execute contract (CO 92.060) for the construction of Traffic Signals and Safety Lighting at Vineyard Avenue at Arrow Route, to Macadee Elecuical Construction for the amount of $72,208.00 ($65,644.00 plus 10% c contingency), to be funded from TDA Article 8 Fund Account No. 12-4637- 9102. (0602-01 CONTRACT) D12. Approval to execute Contract Change Order No. 3 (CO 89-001) to the Professional Services Agreement with Parsons, Brinkerhoff, Quaid and Douglas, Incorporated for Design Changes and Additional Designs, Interstate 15 and Foothill Boulevard Interchange Modification, Account No. 16-50300. (0602-01 CONT AMEN) DI3. Approval to execute agreements for the Installation of Street Improvements and Dedication of Easements near Axvow Route and Rochester Avenue, for the following properties, L.S.H., Masi, Southern California Edison and Lewis Homes. (0602-01 AGREE IMPR) RESOLUTION NO. 92-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING DEDICATION OF EASEMENTS FROM LEWIS HOMES MANAGEMENT CORPORATION, L.S.H. DEVELOPMENT CORPORATION, MASI COMMERCE CENTER PARTNERS, AND SOUTHERN CALIFORNIA EDISON COMPANY D14. Approval to execute Improvement Agreement Extension for Tract 12332-2, located on the southeast corner of Haven Avenue and Tackstem Place, submitted by Mj. Brock. (0602-01 AGREE EXTND RESOLUTION NO. 92-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12332-2 MOTION: Moved by Williams, seconded by Alexander to approve the Consent Calendar, less Item Nos. D4 and D10. Motion carried unanimously, 4-0-1 (Wright absent). DISCUSSION OF ITEM D10. Approval to authorize the Mayor to execute the Proposal (CO 92-059) from Terry Wolfe of Terry's Fireplace to purchase bulk wastewood from the City of Rancho Cucamonga. Councilmember Williams asked if now that this idea has been brought up, should the City consider going through a bid process, or just go with this proposal without getting bids from other vendors. Joe O~leil, City Engineer, stated staff checked with the City Attorney's office and were advised that it would be legal to accept this proposal, but they could go through a Request for Proposal process if the Council desired. (6) (7) (8) (9) (io) (ii) City Council Minutes August 19, 1992 Page 4 Councilmember Williams stated she just wanted to make sure they were following the proper procedure. Mayor Smut stated he had the same thoughts as Councilmember Williams but knew how expensive it would be to have this go through a formal bid process. He stated this proposal represented a $20,000.00 savings for the City, and if they went out to bid, would another conlractor pay more than that to offset staff time and costs associated with the bid process. He felt they could approve this on a trial basis, and if at some time it seemed atlractive to other vendors, they could consider doing a Request for Proposal then. Joe O~Ieil, City Engineer, stated this vendor required the City to deliver the wood to his site, but he was located in Rancho Cucamonga so that was not a problem. He added if they contracted with a vendor who was located outside of the City and had the same requirement, it would cost the City additional funds for transportation. Mayor Stout thought maybe they could try it for now and see if there were any other interested vendors after a year. Councilmember Buquet stated as long as this was a legal process, he would rather see the wood recycled than being taken to the dump. He asked if the property where the wood was to be taken was zoned for this type of use. Joe O~eil, City Engineer, stated he did not know the answer to that and would have to look into it. Councilmember Alexander felt they should postpone this item until they could check the zoning requirements. MOTION: Moved by Buquet, seconded by Alexander to continue this item to the September 2, 1992 meeting. Motion carried 4-0-1 (Wright absen0. E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMY. NTAL ASSESSMENT AND DF. VF.I.OPMENT DISTRICT AMI~.NDM~.NT 89437 - SOUTHWF. ST DESIGN GROUP - A request to amend the Development Districts Map from Low-Medium Residential (4-8 dwelling units per acre) to Medium Residential (8-14 dwelling units per acre) for five acres of land located on the north side of Base Line Road, west of Alta Cuesta Drive - APN: 202-025-01,134, 07, 08, 12, 13, and 14. Related Files: Tentative Tract 14208 and Tree Removal Permit 91-40. (0203439 DD Jan Sutton, Deputy City Clerk, read the title of Ordinance No. 499. ORDINANCE NO. 499 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT NO. 89-07, AMENDING THE DEVELOPMENT DISTRICTS MAP FROM "LM" (LOW-MEDIUM RESIDENTIAL, 4-8 DWELLING UNITS PER ACRE) TO "M" (MEDIUM RESIDENTIAL, 8-14 DWELLING UNITS PER ACRE) FOR FIVE ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, WEST OF ALTA CUESTA DRIVE - APN: 202-025-01, (}4, 07, 08, 12, 13, AND 14, AND MAKING FINDINGS IN SLIPPORT THEREOF MOTION: Moved by Willjams, seconded by Buquet to waive full reading and approve Ordinance No. 499. Motion carried unanimously, 443-1 (Wright absen0. City Council Minutes August 19, 1992 Page 5 E2. CONSIDERATION TO AMEND CHAPTER 3.08 OF ~ RANCHO CUCAMONGA MUNICIPAl. CODE TO AI-LOW COMPFTITIVE NEGOTIATION (0600-00 PURCHASE) Jan Sutton, Deputy City Clerk, read the title of Ordinance No. 500. ORDINANCE NO. 500 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 3.08,090 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW SUBSECTION 3.08,090 (F) PERTAINING TO PURCHASES BY COMPETITIVE NEGOTIATION MOTION: Moved by Willjams, seconded by Buquet to waive full reading and approve Ordinance No. 500. Motion carried unanimously, 4-0-1 (Wright absent). E3. CONSIDERATION TO ADOPT AN ORDINANCE AM~.NDING CITY CODE SECTION 10.52,020 PERTAINING TO I .IMIT~D TIME PARKING ZONES TO PROVIDE FOR THR. PI .ACEMF. NT OF SIGNS TO DF. FIN~. 7ONF. S AS AN OPTION TO PAINTING CURBS (1163-01 PK & TRAF) Jan Sutton, Deputy City Clerk, read the title of Ordinance No. 39-D. ORDINANCE NO. 39-D (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.52,020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING LIMITED TIME PARKING ON CERTAIN CITY STREETS MOTION: Moved by Willjams, seconded by Buquet to waive full reading and approve Ordinance No. 39-D. Motion carried unanimously, 4-0-1 (Wright absen0. Items G1 and HI were discussed at this time, but the minutes will remain in agenda order. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF MODIFICATION TO CONDITIONAl. USF- PF. RMIT 85.04 - CITY OF RANCHO CUCAMONGA/ETIWANDA HISTORICAl. SOCIETY - A request to construct a 2,500 square foot barn on the Chaffey-Gaxcia site to be used as a museum and caretaker's residence on a 1-acre site in the Low-Medium Residential designation (4-8 dwelling units per acre) of the Victoria Planned Community, located on the west side of Etiwanda Avenue, north of Base Line Road - APN: 227-513-05. Staff report presented by Scott Murphy, Associate Planner. (0802-02 CLIP) Mayor Stout opened the meeting for public hearing. Addressing the Council was: (i3) (i4) (i5) City Council Minutes August 19, 1992 Page 6 Scotx Murphy, Associate Planner, speaking on behalf of Mr. Jim Clark of the Efiwanda Historical Society, who could not be present tonight, wanted to relay Mr Clark's support of the projecL There being no further comments, the public hearing was closed. RESOLUTION NO. 92-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 85-04, TO CONSTRUCT A 2,500 SQUARE FOOT BARN ON THE CHAFFEY-GARCIA SITE TO BE USED AS A MUSEUM AND CARETAKER'S RESIDENCE ON A 1-ACRE PARCEL IN THE LOW- MEDIUM RESIDENTIAL (44 DWELLING tINITS PER ACRE) DISTRICT OF THE VICTORIA PLANNED COMMUNITY, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD - APN: 227-5134)5 MOTION: Moved by Stout, seconded by Buquet to adopt Resolution No. 92-229. Motion carried unanimously, 4-0- 1 (Wright abscn0. F2. CONSIDFRATION OF APPEAl. OF CONDITIONAl. USR PF. RMIT 91-24 AND TENTATIVR. PARCEl. MAP 13845 - MASI - An appeal of certain Engineering and Planning Division Conditions of approval for Conditional Use Permit 91-24, the development of 32 buildings totaling approximately 268,907 square feet and comprised of a mix of industrial, multi-tenant, office and restaurant uses, and Tentative Parcel Map 13845, a subdivision of 30.2 acres of land into 31 parcels in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan, located at the southwest comer of Foothill Boulevard and Rochester Avenue - APN: 2294)11-10, 19, 21, 26, 27, and 28. Staff report presented by Otto Kroutil, Deputy City Planner, and Betty Miller, Associate Engineer. (0701-06 APPEAL) (0802-02 CUP) Mayor Stout stated he was under the impression that the reason staff reviews signs for projects other than shopping centers was because the Planning Commission had delegated that authority to staff, but felt the appellant assumed the opposite was the case. Otto Kroutil, Deputy City Planning, stated the Planning Commission has the authority to review all the sign programs, but they have delegated the authority to staff on projects other than shopping centers. Councilmember Alexander asked if staff were to review sign programs, could the Planning Commission not selectively pull a project out for review if they did not agree with staffs decision. Mayor Stout stated he thought the Planning Commission has already made the decision that they want to review all of it for this project. Otto Kroutil, Deputy City Planner, stated the Commission usually would not see things handled at staff level unless a special request was made to put it on an agenda. Mayor Stout stated it was his impression the developer wanted to install the traffic signal on Foothill at the time of the development, so why would they have to pay an in-lieu fee. Betty Miller, Associate Engineer, stated if the developer received permission from Caltrans to install the signal, the City would not require an in-lieu fee. City Council Minutes August 19, 1992 Page 7 Mayor Stout stated then the requirement was a contingency in case they did not receive permission to install the signal. He asked ff Callxans would have any reason to deny the installation of tl~ signal. Joe O'Neil, City Engineer, stated staff was not sure because they did not think that area would meet Cultruns' warrants, so he thought there might be some resistance to it. He felt Cultruns would allow the median cut if the median was built, but would resist the signal at this time. Mayor Stout thought they had a policy that all median cuts had to be signalized. Joe O'Neil, City Engineer, stated that because there was not a north leg yet, it would not be as critical a factor for Cultruns. Councilmember Buquet felt there would not be a problem with Cultruns since the developer was pushing to have the median cut and would be providing the signal. He thought that they would allow the signal. Mayor Stout opened the meeting for public hearing. Addressing the Council were: John Mannedno, 9333 Base Line Road #110, representing the Masi family, felt there were six issues to be addressed. He stated that in regards to the consultant, he stated it was Commissioner Melcher's suggestion that a consultant be hired. He stated that it was clear that his concerns were not on issues such as th~ durability of the material, but directed specifically to an artistic consultant being hired to offer advice as to the artistic content of the statutes. He felt in today's economy consideration had to be given to conserve funds where able, and the developer felt City staff was capable of generating artwork guidelines without having to hire another consultant. He stated in regards to the sign issue, he stated it was staffs initial recommendation to the Planning Commission that the sign program be approved by staff but the Planning Commission indicated that they wanted to review it. He felt that since this was not a retail center but a mixed-use center, then staff should be allowed to review the sign program as per normal policy. He felt it would be handled in a more timely manner and that staff was capable of reviewing the sign program. He stated in regard to the Vintner's Walk improvements, they had a concern about vandalism ff it was installed prior to the construction of the buildings, and that when work began on Phase Two, a large portion of the improvements would be destroyed and have to be done over. He felt the Masi's were well known in the community and could be counted on to complete the improvements as required after construction was completed. John Mannerino stated they were sudsfled with staffs recommendation on the drainage issue. He continued with listing the developer's concerns in regards to the in-lieu fee for the traffic signal since this signal is not required by the City and does not appear in the Master Plan for the area. He stated the developer has voluntarily offered to install the signal, and that this signal will benefit the public at large and not just users of their project. He stated if the Council requires the fee, he asked that the City might integrate the light into the Master Plan so that they would get credit on their transportation fees. Todd Bremncr, 10373 Trademark Street #A, Project Engineer for the Masi's, spoke in regards to the median on Foothill Boulevard. He referred to plans Lewis Homes had Madole and Associates prepare that showed a six 'inch difference in the grade which is a significant difference from the planned median in their project. He understood that Lewis Homes has postponed their plans for constructing that portion of their business park which would require median construction, and felt they should wait until the entire median was ready to be constructed so their portion did not have to be dug up and redone in order to meet the grade difference in the Lewis section. He stated they have both engineering and economic concerns that if they continue with their plans and build the median, it will be inconsistent with the remaining portion of median to be constructed by Lewis Homes. He stated they would like to request an option to place an in-lieu fee for the construction of the median. City Council Minutes August 19, 1992 Page 8 Councilmember Buquet asked if the City were to approve postponing the construction of the median, would the developer be willing to block that driveway access into the project and only allow access from B Street ct Rochester. He felt it was important because if the median was not there, you would have conflicting traffic patterns for the intersection and the business center which could cause accidents. Todd Bremner stated he was not in a position to give an immediate answer to that question, but pointed out that this portion of the project was in Phase Two. He felt there may be other means to control people from turning left across traffic into the center and it might be possible to put something up to restrict access. John Mannerino stated he has consulted with Mr. Masi and he would be willing to install the median when they install that particular driveway, and would be willing to work with staff in order to postpone construction until Phase Two. He also wanted to clarify that in regards to construction of the Vintner's Walk, their intent was to put in the sidewalk and access facilities for the public, and that their request was to delay installation of the trellis and artwork until consauction was near completion. He slated the Masi's have always felt this was a public/private project, and they have voluntarily planned improvements above and beyond the normal required items, and asked that the City be aware of the current economic state. There being no further comments, the public hearing was closed. Connciimember Buquet asked what was the timeline for completing Phase One and Phase Two. Brad Butler, City Planner, stated that at the Planning Commission meeting the applicant indicated Phase Two would follow within three months of Phase One. Mr. Masi stated they anticipated starting consauction of Phase One in January of 1993 with completion scheduled for June or July. He stated Phase Two was scheduled to begin in April of 1993, with completion anticipated six months later. Councilmember Buquet asked for clarification on the comment made about the traffic signal not being required by the City. Joe O'Neil, City Engineer, stated the signal would have been required if the developer had not volunteered to have one installed. Mayor Stout stated he would like to go over each of the items under the Analysis section of the staff report and come to a determination. He stated in regards to Item 1 of the Analysis, Final Approval of the "Vintner's Walk," he did not know what it was the consultant was supposed to do. He asked what kind of consultant did the Commission have in mind. Brad Buller, City Planner, stated the consultant would act in an advisory capacity, having expertise in the setting up of displays of both art and history and coordinating with all involved in the project to make sure all the different components were harmonious. Councilmember Alexander asked ff there was anyone on staff that would be qualified to do that Brad Buller, City Planner, stated staff did a similar function with the Thomas Winery project, working closely with the Planning and Historic Preservation Commissions. Mayor Stout stated whatever concept the applicant came up with ultimately had to be approved by the City, so he felt they should submit the ~nalized conceptual plans, and if it was not acceptable and they felt they needed a consultant to help them, they could hire one at that time. City Council Minutes August 19, 1992 Page 9 Councilmember Alexander felt they did not need a consultant He felt staff and the Commissions would be able to work with the applicant on the design. Councilmember Buquet felt they should do what has been done in the past and let the developer make a presentation before saying they have to have a consultant. John Mannerino stated the Council passed a resolution stating the Historic Preservation Commission was to approve the proposed statues, that the concept and general placement of the statues has been approved, but the Commission would approve the aesthetic nature of the statues. Mayor Stout stated his intention when they passed that resolution was that the Historic Preservation Commission should review it to insure it was consistent with the goals of preservation within the community, but not necess~ily the aesthetics of the artwork itself. He stated the concept on how it would fit into the public improvements and design of the center itself should be decided by the Planning Commission. The Council concurred they should not require the appellant to hire a consultant, and that the Planning Commission should make the final decision with comments from the Historic Preservation Comments. The Council then discussed the Deferral of "Vintner's Walk" Installation. Mayor Stout stated he understood the applicant's point of view, but has seen improvements like this and the resistance to installing them when mo much other construction is allowed. He felt that since the phasing was going to be so close together a substantial portion could be done during Phase One to the point where it would not overburden the rest of the project if it was not done. He felt it was strictly a protection for the City, and did not feel it would hun the appellant since their phasing was scheduled to occur so close together. Councilmember Buquet agreed that the City has been burned many times before in the past, and felt there should be a way to put some type of phasing together on this project for the improvements. He felt things like the landscaping and curbs and sidewalks needed to go in right away, but things like the ~rellis could be delayed until construction started on Phase Two. Brad Buller, City Planner, clarified if Council 's instruction was to defer the construction of the Vintoer's Walk and accompanying artwork to Phase Two if permits for Phase Two and substantial construction of Phase Two has begun before request of occupancy of Phase One, because if there was an overlap, they conld not request occupancy of Phase One until the Vintner's Walk was under construction. Council concurred that would be a reasonable request Mayor Stout then moved to Item No. 3, the Chaffey-Garcia Barn Contribution. He stated they had already reduced this amount to $10,000.00 from the original amount of $25,000.00, and the project was just approved tonight to go out to bid. He stated the intention of the Council when the reduction was made was to allow the developer to put the $15,000.00 difference into their project, so he felt their request was already granted when Council reviewed it previously. Mayor Stout stated that in regards to Item No. 4, Approval of Uniform Sign Program, he did not see why the Planning Commission could not review it since they were the ones who delegated staff review in the fast place. Councilmember Buquet stated he did not understand what would be the difference between staff review or Commission review, since staff normally reviews signs except for retail shopping centers. Mayor Stout felt with some of the changes that have been approved in the project, it was starting to resemble a retail center, plus it was located on Foothill in a very high profile area. City Council Minutes August 19, 1992 Page 10 Councilmember Buquet agreed, but felt that staff would be sensitive to the signage issue since they deal with it on a regular basis. He stated he would be comfortable with staff reviewing it first, and then the Planning Commission could review it if they were not happy with staffs decisions. Councilmember Willtams asked if the signs had already been reviewed during the Design Review process. Brad Bullet, City Planner, stated in Design Review they just present illustrations showing where signs would be located, but they ate not detailed drawings. Councilmember Willtams stated she would be confident in staff conducting the review of the sign program. Councilmember Buquet asked for clarification of the difference between a staff review and Planning Commission review of a sign program. Brad Buller, City Planner, stated staff usually handles sign reviews over the counter once a program has been established, but in this instance the Commission has found it is important to see the overall sign program. He stated it was based on a center by center hasis as to what the differences would be. Councilmember Alexander stated he also felt staff could handle the sign review. Council concurred to allow shaft to handle the sign review. Mayor Stout then referred to Item No. 5, Foothill Boulevard Median and North Side Pavement Construction. He felt the median should be installed and the center should not be allowed to open unless there was a median. Councilmember Buquet stated a comment had been made about median installation to the east of the project, and stated even in these hard economic times the City was facing their responsibility and installing the median for safety reasons, and felt the developer should install the median at this time and have a reimbursement agreement set up so they could be reimbursed when the north side of Foothill was developed. He felt there would be a lot of traffic conflicts if they did not install the median to control traffic. Mayor Stout stated the City spent approximately $800,000.00 to improve the intersection at Foothill and Rochester, which normally this project would have paid for if it had developed prior to the City finding it necessary to improve the intersection for safety reasons. He stated the City was also improving Rochester to benefit the sports complex, but it will also benefit this project, so he felt the City has assisted this project monetarily. He stated the need for the median was a safety issue, not one of aesthetics. Councilmember Alexander asked if the median would have to be changed when the north side of the street was developed by Lewis since their plans were so different. Joe O'Neil, City Engineer, stated he did not think that would happen because the plans that Lewis had Madole draw up are not approved plans, so they would be required to match their plans to the ones submitted for this project. Councilmember Buquet stated if the Council allowed them to postpone construction of the median, he would strongly recommend they do not allow access into Phase Two from Foothill Boulevard. Mayor Stout stated that in regards to Item No. 6, the Interim Drainage Improvements, he understood that when Lewis completed their project on the north side of Foothill, the old pipe would be unnecessary anyway. Joe O'Neil, City Engineer, stated that was correct. City Council Minutes August 19, 1992 Page 11 Councilmember Buque~ asked for clarification about the maintenance, who would be responsible for maintaining it. Joe O'Neil, City Engineer, stated it would be the City's responsibility to maintain. He stated the condition was in there for the developer to do the original work in repairing and cleaning out the old line to a maintainable condition, and then the City would maintain it until the new facilities were built. The Council conctttred to accept staffs recommendation on this point. The Council then discussed Item No. 7, Deletion of Traffic Signal "In-Lieu" Fees. Councilmember Buquet stated he felt it was just a misunderstanding, that the developer thought they were offering something above and beyond what the City required, but the City would have required that intersection to be signalized as a condition of the project. Mayor Stout asked for clarification on the request for reimbursement. Joe O 'Neff, City Engineer, stated the question of reimbursement had to do with the fact that this signal was not in the transportation fee program, because the systems fee was set up to include signals that have a community benefit. He stated this signal would be strictly for the benefit of the adjacent property owners. He stated the systems fee was carefully set up to conform to the legal guidelines that are required for a system fee of this type. He stated the BIA was involved with the development of this fee, and the City has followed the legal guidelines, and he felt that inclusion of signals like this would taint the process. Mayor Stout asked if it was a requirement of the project, can they require a signal without it being a pan of the City- wide system without having to pay a reimbursement Joe O'Neil, City Engineer, stated yes. He stated if Caltrans did not allow them to install it at this time, staff is recommending that the developer put up an in-lieu fee for their haft of the signal. Mayor Stout felt if the developer was allowed to install the signal, it was a moot point, but if they cannot, then maybe the City can defer the in-lieu fee and trigger it by some other method than issuance of building permits for Phase One. Maybe when they apply for occupancy for Phase One. Councilmember Buquet felt the occupancy of Phase One would be the best approach. He stated they could try to work with Caltrans to get approval for the signal. Councilmember Alexander asked if they could defer the fee until they were ready for occupancy for Phase Two, since that would be when they have the most traffic. Mayor Stout felt it would be a problem if they were to start deferring too many things into Phase Two, if something were to happen that they would not be able to complete the whole project, it would be less likely that they would install the signal. He stated if they did not collect the fee and that area was found to be a safety hazard, the City would be liable for paying for the signal with no contribution from the developer. John Mannerino stated Mr. Masi would like to propose a compromise in that the incident that would trigger the installation of the Vintoer's Walk and the payment of the in-lieu fee be when they ask for the occupancy permit of the last building of Phase One. Mayor Stout stated he could see a problem with that in that the lease for one of the pads might fall through and the final development would not he completed for a long time, and that Phase Two might be completed before the final pad of Phase One was complete. City Council Minutes August 19, 1992 Page 12 Councilmember Buquet felt they should do everything they can to assist with getting the approval from Caltrans for the installation of the signal, and then the fall back position would be that if they cannot get approval, then they would take an in-lieu fee. Rick Gomez, Community Development Director, suggested they could lake the in-lieu fee prior to the release of the first occupancy of Phase One. The Council concurred with Rick Gomez's suggestion. The Mayor asked staff to return with a resolution covering all the decisions made tonight, that they could not take final action ai this meeting. Ralph Hanson, Deputy City Attorney, stated that since it was an appeal, they would need findings for those matters which they have not changed, and would recommend the Council direct staff to bring a resolution back on the Consent Calendar incorporating all of the changes made tonight. Councilmember Buquet stated he was unhappy that they spent so much time at this meeting discussing this item and then were unable to take final action. He felt staff should have presented appropriate resolutions and options that they could have modified if necessary, and had it over with. MOTION: Moved by Alexander, seconded by Williams to bring back a resolution with the modifications on the Consent Calendar at the September 2, 1992 meeting. Motion carried 4-0-1 (Wright absen0. G. PUBI.IC HEARINGS G1. CONSIDRRATION OF AN ORDINANC1R. ESTABI.ISHING RI~GUI.ATIONS AND PERMIT REOUIREM~NTS FOR TAXICAB SERVICE (Continued from August 5, 1992) (1206-06 TRAI~ISF'ORT) Mayor Stout stated there was a request to continue this item since the information requested at the August 5th meeting was still being compiled and suggested they continue this item to the next meeting. Mayor Stout re-opened the public hearing for the purpose of continuing Item G1 to the September 2, 1992 meeting. ORDINANCE NO. 501 (f'ffst 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 8.30 ENTITLED "I'AXICAB SERVICE," THEREIN REGULATING AND PERMITTING THE OPERATION OF TAXIS MOTION: Moved by Alexander, seconded by Williams to continue Item G 1 to the September 2, 1992 meeting. Motion carried unanimously, 4-0- I (Wright absent). City Council Minutes August 19, 1992 Page 13 H. CITY MANAGER'S STAFF REPORTS HI. DISCUSSION ON ALTERNATIVES TO ASSESSMENT DISTRICTS (0401-03 ASS DIST) Mayor Stout stated this item was requested by Councilmember Wright, and suggested it be continued as she could not be present this evening due to medical reasons. MOTION: Moved by Stout, seconded by Williams to continue Item HI to the September 2, 1992 meeting. Motion carried unanimously, 4-0-1 (Wright absent). No items were submitted. J. No items were identified. I. COUNCIl. BUSINESS IDENTIFICATION OF ITEMS FOR NEXT MEETING COMMUNICATIONS FROM THE PUBI.IC No communications were made from the public. I.. ADJOURNMENT MOTION: Moved by Williams, seconded by Alexander to adjourn to Executive Session to discuss pending litigation, Wood v. City of Rancho Cucamonga. Motion camed unanimously, 4-0-1 (Wright absent). The meeting adjourned at 8:50 p.m. Respectfully submined, (xs) Jan Sutton Deputy City Clerk Approve& October 7, 1992