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HomeMy WebLinkAbout1990/11/07 - MinutesNovember 7, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A, C~V.V. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, November 7, 1990 in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:07 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Larry Henderson, Principal Planner; Nancy Fong, Senior Planner; Miki Bratt, Associate Planner; Steve Hayes, Associate Planner; Lori Moore, Assistant Planner; Vince Bettoni, Assistant Planner; Shintu Bose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Mike Olivier, St. Civil Engineer; Joe Stofa, Associate Engineer; Betty Miller, Associate Engineer; John Martin, Associate Engineer; Ingrid Blair, GIS Supervisor; Jim Hart, Administrative Services Director; Paula Pachon, Management Analyst II; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was Councilmember: Deborah N. Brown. , , , , , B, ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Youth Drug Free Pledges. Paula Pachon, Management Analyst II, made a presentation to the City Council which consisted of a basket of pledges from students who promised to stay drug free. B2. A Proclamation to recognize the week of November 18 - 25, 1990 as Rancho Cucamonga Family Week. City Council Minutes. November 7, 1990 Page 2 Mayor Stout presented proclamations to representatives from the St. Peter and St. Paul Catholic Church and the Rancho Cucamonga Stake of the Church of Jesus Christ of Latter-Day Saints. B3. Presentation to Bettymaryee Hill for over twenty years of service as a crossing guard in Rancho Cucamonga. Proclamation read by Mayor Stout to recognize Bettymaryee Hill (she was not present to accept the proclamation). C. COMM13NICATIONS FROM THE PUBLIC No communication was made from the public. (i) (z) (3) D. CONSENT CALENDAR Mayor Stout asked the if amount for Item No. 6 was correct at $650,000. Jack Lam, City Manager, stated yes. D1. Approval of Minutes: September 26, 1990 October 3, 1990 D2. Approval of Warrants, Register Nos. 10/10/90, 10/17/90, 10/24/90, and 10/31/90 and Payroll ending 10/11/90 for the total amount of $2,767,819.24. D3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Soup Plantation, Brooke & Mack, Incorporated P-12 San Diego, 8966 Foothill Boulevard, Suite A. D4. Approval of the Storage Area Allocation Procedure and Fee Matrix as approved by the Park and Recreation Commission. (1404-05 PARK) D5. Approval to adopt a cost analysis policy regarding public facilities. (Continued form October 17, 1990) (0102-02 POLICY) (1601-04 CITY FAC) RESOLUTION NO. 90-411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A POLICY REQUIRING THE PREPARATION OF AN OPERATIONAL COST ANALYSIS PRIOR TO THE APPROVAL OF ANY NEW PUBLIC FACILITY D6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Traffic Signal and Street Improvements on Rochester Avenue and Foothill Boulevard, to be funded from Systems Development Fund, Account No. 22-4637-8942. (0601-01 BID) City Council Minutes November 7, 1990 Page 3 RESOLUTION NO. 90-412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "TRAFFIC SIGNAL AND STREET IMPROVEMENTS ON ROCHESTER AVENUE AND FOOTHILL BOULEVARD", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval of a Professional Services Agreement for library related needs. (0602-01 CONTRACT) (1601-06 LIBRARY) DS. Approval for additional funding to be added to Contract No. 90-095, Cucamonga Elementary School Field Improvement Project, Sunrise Landscape Company, Incorporated, for Change Orders exceeding the original 10% contingency, Account No. 20-4532-9013. (0602-01CONT AMEN) D9. Approval to award and execute Letter Amendment No. i to the Professional Services Agreement (CO 90-108) for the preparation of the Etiwanda North Specific Plan with C.M. Engineering in the amount of $5,593.10 which will be funded from contract services account No. 01-4333-6028 (FY 89/90). (0602-01 CONT AMEN) D10. Approval to award and execute Letter Amendment No. 2 to the Professional Services Agreement (CO 90-108) for the preparation of the Etiwanda North Specific Plan with C.M. Engineering in the amount of $12,900 which will be funded from contract service account No. 01-4333-6028 (FY 89/90). (0602-01 CONT AMEN) Dll. Approval to execute Contract Change Order No. i (CO 90-028) with J. F. Davidson Associates, Inc., to provide additional engineering services to prepare preliminary construction cost estimates for the Trails Implementation Plan. The change order is for the total amount of $4,490 to bring the contract total to $17,470 to be paid from contract services, account No. 01-4333-6028-3453. (0602- 01 CONTAMEN) D12. Approval to destroy records and documents which are no longer required as provided under Government Code Section 34090. (0304-00 REC MGMT) RESOLUTION NO. 90-413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICHARENO LONGERREQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 D13. Approval of Map, execution of Improvement Agreement,'Improvement Security and Ordering the Annexation to Landscape Maintenance District 3 and Street Lighting Maintenance District Nos. I and 6 for Parcel Map 13125, located on the southwest corner of Trademark Street and Center Avenue, submitted by Burke Commercial Development. (1002-09 MAP} (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) (4) (6) (7) (8) (9) City Council Minutes. November 7, 1990 Page 4 RESOLUTION NO. 90-414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 13125 (TENTATIVE PARCEL MAP NO. 11940) IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 90-415 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 PARCEL MAP 13125 D14. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. i and 6 for Parcel Map 11940 located on the southeast corner of White Oak Avenue and Elm Avenue, submitted by Sahama Development Company, Incorporated. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) RESOLUTION NO. 90-416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11940 (TENTATIVE PARCEL MAP NO. 11940), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 90-417 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 PARCEL MAP 11940 D15. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. i and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 11473, located on the south side of Hamilton Street, east of Hermosa Avenue submitted by Bruce Wei. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) RESOLUTION NO. 90-418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11473, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY City Council Minutes November 7, 1990 Page 5 RESOLUTION NO. 90-419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 11473 D16. Approval of a Grant of Easement between Southern California Edison Company and the City of Rancho Cucamonga for the purpose of providing electrical service to residential property located north of Base Line Road between Milliken Avenue and Rochester Avenue. (1001-01 EASEMENT) RESOLUTION NO. 90-420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A GRANT OF EASEMENT BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY AND THE CITY OF RANCHO CUCAMONGA FOR THE PURPOSE OF PROVIDING ELECTRICAL SERVICE TO RESIDENTIAL PROPERTY LOCATED NORTH OF BASE LINE ROAD BETWEEN MILLIKEN AVENUE AND ROCHESTER AVENUE D17. Approval to accept improvements, release of bonds and file a Notice of Completion for Parcel 1 of Parcel Map 6937 located at 13425 Victoria Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Certificates of Deposit $3,410.00 $1,000.00 RESOLUTION NO. 90-421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL I OF PARCEL MAP 6937 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D18. Approval to accept improvements, release of bonds and file a Notice of Completion for Tract 14150 (formerly Tract 13271) located on the northwest corner of Terra Vista Parkway and Milliken Avenue. (0602-01 BOND HEL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) Tract 14150 Milliken Ave./Mt. View to Base Line Milliken Ave./Foothill to Mt. View $ 78,500.00 $153,600.00 $653,000.00 (is) (17) (i8) City Council Minutes November 7, 1990 Page 6 (20) (22) Accept: Maintenance Guarantee Bond (Street) Tract 14150 Milliken Ave./Mt. View to Base Line Milliken Ave./Foothill to Mt. View $ 7,850.00 $ 15,360.00 $ 65,300.00 RESOLUTION NO. 90-422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14150 (FORMERLY TRACT 13271) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to release Faithful Performance Bond and Labor & Material Bond for the landscaping of Tract 13565-1 thru -4, located at the northeast corner of Summit Avenue and Wardman Bullock Road. (0602-01 BOND REL) Release: Faithful Performance Bond $976,000.00 Labor & Material Bond $488,000.00 D20. Approval to accept improvements, release of bonds and file a Notice of Completion for 13235 Victoria Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 13235 VICTORIA STREET AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept Parks Maintenance and Retrofits construction at various City parks, (Contract No. 90-022), as complete, release bonds and authorize the City Engineer to file a Notice of Completion. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PARKS MAINTENANCE AND RETROFITS AT VARIOUS CITY PARKS, CONTRACT NO. 90-022, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D22. Approval to execute Improvement Agreement Extension for DR 88-14 located on the northwest corner of Archibald Avenue and 8th Street submitted by Nollau Development Company, Inc. (0602-01 AGREE EXTN) RESOLUTION NO. 90-425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 88-14 City Council Minutes November 7, 1990 Page 7 D23. Approval to execute Improvement Agreement Extension for Parcel Map 11838, located on the northwest corner of Base Line Road and Victoria Park Lane, submitted by The William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11838 D24. Approval to execute Improvement Agreement Extension for DR 87-34, located on the west side of Archibald Avenue south of Base Line Road, submitted by ARCM, Ltd. (0602-01 AGREE EXTN) RESOLUTION NO. 90-427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 87-34 D25. Approval to execute Improvement Agreement Extension for Tract 10246, located on the southwest corner of Hillside Road and Haven Avenue, submitted by JCR Development. (0602-01 AGREE EXTN) RESOLUTION NO. 90-428 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 10246 MOTION: Moved by Alexander, seconded by Buquet to approve the Consent Calendar. Motion carried unanimously, 4-0-1 (Brown absent). , · , , , , E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE REOUIRING AUTOMATIC FIRE SPRINKLERS IN ALL RESIDENTIAL BUILDINGS AND CERTAIN RELATED ACCESSORY BUILDINGS (0807-01 CODE BLDG ) Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 426 and 434. ORDINANCE NO. 426 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCANONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE STANDARDS NFPA 13D AND NFPA 13R, BOTH PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, (23) (24) (2s) (26) City Council Minutes. November 7, 1990 Page 8 (27) (28) REQUIRING THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN RESIDENTIAL OCCUPANCIES AND CERTAIN BUILDINGS ACCESSORY THERETO, WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTION TO SAID CODES ORDINANCE NO. 434 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCANONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE STANDARDS NFPA 13D AND NFPA 13R, BOTH PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, REQUIRING THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN RESIDENTIAL OCCUPANCIES AND CERTAIN BUILDINGS ACCESSORY THERETO, WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTION TO SAID CODES MOTION: Moved by Alexander, seconded by Wright to waive full reading and approve Ordinance Nos. 426 and 434. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMEUNITY PLAN AMENDMENT 90-02 - CITY OF RANCHO CUCANONGA - A request to amend the density provisions of the Victoria Community Plan to require changes in land use designations to be approved by City Council. (0203-05 VCP AMEN) Debra J. Adams, City Clerk, read the title of Ordinance No. 432. ORDINANCE NO. 432 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 90-02, AMENDING THE DENSITY PROVISIONS OF THE VICTORIA COMMUNITY PLAN TO REQUIRE CHANGES IN LAND USE DESIGNATIONS TO BE APPROVED BY CITY COUNCIL, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Wright to waive full reading and approve Ordinance No. 432. Motion carried unanimously, 4-0-1 (Brown absent). , , · , , CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 90-01 - CITY OF RANCNO CUCANONGA - A request to amend the density provisions of the Terra Vista Community Plan to require changes in land use designations to be approved by City Council. (0203-05 TVCP AMEN) Debra J. Adams, City Clerk, read the title of Ordinance No. 433. City Council Minutes November 7, 1990 Page 9 ORDINANCE NO. 433 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT 90-01, AMENDING THE DENSITY PROVISIONS OF THE TERRA VISTA COMMUNITY PLAN TO REQUIRE CHANGES IN LAND USE DESIGNATIONS TO BE APPROVED BY CITY COUNCIL, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Wright to waive full reading and approve Ordinance No. 433. Motion carried unanimously, 4-0-1 (Brown absent). , · , , , F. ADVERTISED PUBLIC HEARINGS F1. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14192 - HIX DEVELOPMENT - Appeal of the Planning Commission's decision to require the undergrounding of utilities and the construction of street and storm drainage improvements beyond the project boundaries for a residential subdivision of 65 single-family lots on 19.7 acres of land located south of 19th Street between Hellman Avenue and Amethyst Street in the Low Residential District - APN 202-061-12, 14, 40 and 44. (Continued from October 3, 1990) Staff report presented by Betty Miller, Associate Engineer. (0701-06 APPEAL) Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Ernest Hix, President of Hix Development, stated he appreciated staff working with his company over this long period of time. He stated there is a project to improve 19th Street which includes a portion of storm drain, and that if this goes in before his project starts, his project in that section would be put in with the 19th Street improvements and he would be improving north and south of 19th Street, and wanted this clarified to the City Council. He stated that on the work to the north everyone was in accord, and the fact that one way of handling it would be to handle a 10 year storm to dry up that intersection. He stated their main concern was the undergrounding of utilities because it was about a $200,000.00 item compared to about $20,000.00 to just move four poles, and did not feel this cost should be his burden. Mayor Stout reiterated Mr. Hix's position by stating that 1) on the Hellman widening, although he did not agree with it, he would go ahead and do this depending on what the Council does on the utility undergrounding issue, 2) he stated that he would go ahead with the Mignonette reconstruction, 3) the Amethyst Street storm drain situation he was in agreement with staff's recommendation, and 4) the only real issue was the utility undergrounding. Mr. Hix stated this was correct. There being no further response, the public hearing was closed. (29) City Council Minutes. November 7, 1990 Page 10 (30) Councilmember Alexander stated he felt it was the City's intent to do the undergrounding. Rick Gomez, Community Development Director, stated that Mr. Hix agrees to do the main undergrounding, that it was only the part outside the tract that the developer was appealing. Councilmember Buquet stated he would like to see some of the additional undergrounding, but would like to see some reimbursement to Hix Development also. Councilmember Wright felt the undergrounding was a good idea, but did not agree with the 320 feet because it was over and above what the City normally would ask a developer to be responsible for. Councilmember Alexander felt full undergrounding should occur, but did not think it should necessarily be the responsibility of this developer to have to pay for everything. Councilmember Buquet stated he felt the 460 feet additional was a little too much. He added he would like to see some type of reimbursement agreement worked out on this. MOTION: Moved by Buquet, seconded by Alexander for a Resolution to come back at the next meeting which would state that Hellman should be widened, delete the 460 feet of undergrounding to the south, accept the Mignonette reconstruction as submitted by staff, and with regards to the Amethyst Street reconstruction, that this be deleted and condition No. 4 be modified to add the language on page 115 of the staff report. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , , F2. CONSIDERATION OF AN APPEAL OF CONDITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - A request An appeal of the Planning Commission's decision to extend the hours of operation for an existing bar and restaurant located at the northwest corner of Carnelian and 19th Street in the Neighborhood Commercial District - APN: 201-811-56, 58, 59, 60. Staff report presented by Nancy Fong, Senior Planner. (0701-06 APPEAL) (0802-02 CUP) Mayor Stout stated he is the appellant on this item. He stated this restaurant location was approved in 1979, and that alcohol was allowed to be served. He continued by stating that shortly after the problems started at the Boar's Head in 1985, certain conditions were placed on the restaurant and that alcohol would not be served after 11:00 p.m. because the restaurant was in a residential area, that this type of activity would only be allowed in a commercial area. Councilmember Wright stated she was appealing this for the same reasons as Mayor Stout. She stated she was appealing the use, not the user. City Council Minutes November 7, 1990 Page 11 Mayor Stout asked if a new buyer coming in would have any previous conditions continued to be in effect. James Markman, City Attorney, stated yes. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: John Mannerino, 9333 Base Line, Suite 110, stated he felt the types of activity that went on prior to 1985 were what caused the 11:00 p.m. time limit to be placed on this location. He felt the lounge was an important part of the business to make money. He added he did not feel this was in a total residential area and clarified this is a restaurant/lounge in a residential/commercial shopping center and felt the appeal should be denied. Councilmember Buquet asked if the property owner has any problem with this use. Mr. Mannerino stated no. Mike Mitchell, President of the Chamber of Commerce and business owner, and a resident at 5271 Turquoise, stated he is present in defense of the Pellegrinos because he did not feel problems existed. He felt this was an opportunity for the City Council to show they supported small businesses. He stated this situation is what is giving Rancho Cucamonga the image of being difficult to do business here. Rance Clouse, 5634 Dresden, real estate broker, and Chairman of the Economic Development Committee for the Chamber of Commerce, felt the appeal was unfair and should be denied. There being no further response, the public hearing was closed. Councilmember Alexander stated he felt inconsistency was the issue, and that if this is allowed in other locations, it should also be allowed in this instance. Councilmember Buquet stated that he felt Councilmember Wright and Mayor Stout's appeal was valid, but did not see this business as being like the Boar's Head. He suggested the following conditions be added to those in the Planning Commission Resolution: 6. No live entertainment. That the Conditional Use Permit amendment be revoked upon transfer of ownership. John Mannerino stated that No. 6 is a moot point because live entertainment is already not allowed. City Council Minutes. November 7, 1990 Page 12 Councilmember Buquet felt No. 7 should be added. He felt a trial period of six months should be given and then have it come back to the City Council for review. Councilmember Wright asked if this could be done legally. James Markman, City Attorney, stated he could not advise the Council that this could be done. He thought it would be worth a try, but was not sure it would work legally. Councilmember Wright stated she felt Sam's Place has good intentions, but felt the appeal should be upheld. Mayor Stout stated he did not like the Chamber's insinuation that the City is anti-business because they are not. He stated that the owner, when he bought the business knew of the conditions, and wanted that point made. Me stated no matter what type of use was wanting to stay open until 2:00 a.m., he would not approve it. James Markman, City Attorney, stated if there was a tie vote, it would need the full City Council to break the appeal, and added that Councilmember-Elect Diane Willjams was in the audience, and if this matter could wait until she is sworn in, it could be decided then. MOTION: Moved by Stout, seconded by Wright to grant the appeal. Motion tied, 2-2-1 (Buquet, Alexander no; Brown absent). Councilmember Alexander suggested they be allowed to be open until 12:00 a.m. which would give the owners the opportunity to prove themselves. Councilmember Wright stated she did not agree with this because it is adjacent to a residential neighborhood. MOTION: Moved by Alexander, seconded by Buquet to extend the hours of operation by one hour and that the Planning Commission standards would still apply with this exception. Motion tied, 2-2-1 (Stout, Wright no; Brown absent). Mayor Stout suggested that the public hearing be continued to December 5 and re- opened for any further discussion or questions by Councilmember-Elect Diane Willlame. MOTION: Moved by Wright, seconded by Buquet to continue the public hearing to December 5, 1990. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , , F3. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 90-01A - SHERWOOD - A request to amend the General Plan Land Use Map from Flood Control/Utility Corridor to Low Residential (2 - 4 dwelling units per acre) for 1.92 acres contained within two parcels of land located north and south of an extension of Highland Avenue, adjacent to the east and west sides of the Cucamonga Creek City Council Minutes November 7, 1990 Page 13 Channel. The City Council will also consider Open Space and Very Low Residential (less than 2 dwelling units per acre) as possible land use alternatives. The Planning Commission recommends approval of Very Low Residential and issuance of a Negative Declaration. APN= 201-200-37 and 1062- 640-57 and 58. Staff report presented by Vince Bertoni, Assistant Planner. (0203-03 UP AMEN) Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Paul Peterson, Associated Engineers, stated he is in agreement with the Planning Commission's recommendation. Sherry Haywood, 6528 Peridot, stated they agreed with the VL designation, but asked that they only be single story buildings. She stated they did not agree with horses being allowed because she felt it would lower the value of her home and that she had bought the home thinking horses would not be allowed. Mayor Stout stated the square footage and the number of stories involved is not the issue, but asked her to come back when this was brought up at another meeting. Ms. Haywood stated she would. There being no further response, the public hearing was closed. The City Council stated they agreed with the land use designation. Brad Buller, City Planner, added they could not condition a land use designation. Councilmember Buquet felt there should be compatibility between this project and existing properties. Councilmember Wright stated she felt the property value would increase if this was made horse property. Mayor Stout stated he agreed with Councilmember Buquet and added that there were areas in Alta Loma and Etiwanda where horses could be allowed. Councilmember Wright suggested that possibly the Planning Commission needed to study this further. Mayor Stout felt the Planning Commission had already addressed this issue. Brad Buller, City Planner, suggested that a deed restriction be placed on this property to work out this issue. Councilmember Wright stated she would like this studied further. City Council Minutes November 7, 1990 Page 14 (32) (33) RESOLUTION NO. 90-429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90- 01A TO AMEND THE GENERAL PLAN LAND USE MAP FROM FLOOD CONTROL/UTILITY CORRIDOR TO VERY LOW RESIDENTIAL (LESS THAN 2 DWELLING UNITS PER ACRE) FOR TWO PARCELS CONSISTING OF 1.92 ACRES OF LAND LOCATED NORTH AND SOUTH OF AN EXTENSION OF HIGHLAND AVENUE ADJACENT TO THE EAST SIDE OF THE CUCAMONGA CREEK CHANNEL), AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Wright, seconded by Buquet to approve Resolution No. 90-429. Motion carried unanimously, 4-0-1 (Brown absent). ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 90-01 - SHERWOOD - A request to amend the Development Districts Map from "FC" Flood Control to "L" Low Residential (2 - 4 dwelling unit per acre) for 1.92 acres contained within two parcels of land located north and south of an extension of Highland Avenue, adjacent to the east and west sides of the Cucamonga Creek Channel. The City Council will also consider "OS" Open Space and "VL" Very Low Residential (less than 2 dwelling units per acre) as possible land use alternatives. The Planning Commission recommends approval of Very Low Residential and issuance of a Negative Declaration. APN: 201-200-37 and 1062- 640-57 and 58. (0203-09 DD AMEN) Debra J. Adams, City Clerk, read the title of Ordinance No. 435. ORDINANCE NO. 435 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 90-01, AMENDING THE DEVELOPMENT DISTRICTS MAP FROM "FC" (FLOOD CONTROL) TO "VL" (VERY LOW RESIDENTIAL) FOR TWO PARCELS CONSISTING OF 1.92 ACRES OF LAND LOCATED NORTH AND SOUTH OFAN EXTENSION OF HIGHLAND AVENUE ADJACENT TO THE EAST SIDE OF THE CUCAMONGA CREEK CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Buquet to waive full reading and set second reading of Ordinance No. 435 for November 21, 1990. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , F4. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 89-06 - THE JANES GROUP - A request to amend the Development District Map from no zoning designation to Low Residential (2 - 4 dwelling units per acre) for 7.94 acres of land located at the southeast corner of Milliken Avenue and Vintage Drive - APNz 225-251-47. Staff recommends issuance of a Negative Declaration. Staff report presented by Steve Hayes, Associate Planner. (0209-09 DD AMEN) City Council Minutes November 7, 1990 Page 15 Mayor Stout opened the meeting for public hearing. Addressing the City Council was: David Lawrence, project coordinator for Janes Group, stated they supported the Planning Commission's recommendation. Mayor Stout asked if there had been neighborhood meetings. Mr. Lawrence stated yes. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 436. ORDINANCE NO. 436 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT NO. 89- 06, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM NO ZONING DESIGNATION TO LOW RESIDENTIAL (2 - 4 DWELLING UNITS PER ACRE) FOR 7.94 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND VINTAGE DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading of Ordinance No. 436 for November 21, 1990. Motion carried unanimously, 4-0-1 (Brown absent). , · · , · F5. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 90-02A - CITY OF RANCHO CUCANONGA - A request to amend the Public Facilities Element of the General Plan, in conformance with California's Health and Safety Code Section 25135.7(c), to incorporate by reference the San Bernardino County Hazardous Waste Management Plan, as approved by the California Department of Health Services June 15, 1990. Staff report presented by Lori Moore, Assistant Planner. (0203-03 GP AMEN) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Buquet stated he served on the task force with the County and stated that most of the impact would be in the industrial area, and felt it was headed in the same direction as the City's existing plan. RESOLUTION NO. 90-430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90- 02AAMENDING THE GENERAL PLAN TO INCORPORATE BY REFERENCE THE APPROVED SAN BERNARDINO COUNTYHAZARDOUS WASTEMANAGEMENT PLAN City Council Minutes. November 7, 1990 Page 16 (35) (CHWMP) INTO THE PUBLIC FACILITIES SECTION OF THE LAND USE AND DEVELOPMENT ELEMENT FOR RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 90- 430. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , Mayor Stout called a recess at 8:58 p.m. The meeting was called back to order at 9:20 p.m. with all members of Council present (Brown absent). , , , , , , F6. ENVIRONMENTAL ASSESSMENTAND SPECIFIC PLAN 89-01 - CONSORTIUM OF ETIWANDA NORTH LANDOWNERS - A request to approve Planning Commission's recommendation to deny a Specific Plan for 5,080 dwelling units, 9.6 acres of commercial, and related school, park, and open space uses on 6,754 acres of land generally located north of 24th Street with portions north of Highland Avenue, south of the National Forest Boundary with portions within the National Forest, east of the extension of Milliken Avenue, and west of the Fontana City limit. Planning Commission recommends denial without prejudice. Staff report presented by Miki Bratt, Associate Planner. (0203-05 SPECF PLN) Mayor Stout opened the meeting for public hearing. Addressing the City Council was~ Gary Mitchell, 10722 Arrow Route, felt it was good the City was taking steps to do its own plan for the area. There being no further response, the public hearing was closed. Mayor Stout stated that just recently the City had a meeting with the County and that everyone seems to be coming to an agreement and would be able to work out the problems for this area. Councilmember Buquet stated he felt significant progress had been made. added he felt Rancho Cucamonga should have jurisdiction in that area. He RESOLUTION NO. 90-431 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE, SPECIFIC PLAN 89-01, GENERALLY LOCATED NORTH OF 24TH STREET WITH PORTIONS NORTH OF HIGHLAND AVENUE, SOUTH OF THE NATIONAL FOREST BOUNDARY WITH PORTIONS WITHIN THE NATIONALFOREST, EAST OF THE EXTENSION OF MILLIKEN AVENUE, AND WEST OF THE FONTANA CITY LIMIT MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 90- 431. Motion carried unanimously, 4-0-1 (Brown absent). City Council Minutes November 7, 1990 Page 17 , , , , , PUBLIC HEARINGS G1. CONSIDERATION TO REDUCE THE SPEED LIMIT ON ROCHESTER AVENUE BETWEEN FOOTHILL BOULEVARD AND BASE LINE ROAD Staff report presented by Paul Rougeau, Traffic Engineer. (1141-10 SPEED LIM) Mayor Stout opened the meeting for public hearing. Addressing the Council was: William Odom, 7649 Fennel Road, in the Rochester Tract, stated the residents appreciated a recent meeting and the results that came out of it. He stated the residents would like a 40 m.p.h. speed limit and 25 m.p.h. when children are around. Mayor Stout stated the 25 m.p.h. has not gone before the Public Safety Commission and that the Council would only be considering the 40 m.p.h. limit. Councilmember Wright suggested that the school bus stop could be moved if that would help matters. Councilmember Buquet asked if someone from staff could contact the school district about this. There being no further response, the public hearing was closed. Councilmember Alexander felt the 40 m.p.h. speed limit should be approved. Mayor Stout stated he agreed with the 40 m.p.h. speed limit on Rochester. Debra J. Adams, City Clerk, read the title of Ordinance No. 437. ORDINANCE NO. 437 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SECTION 10.20.020 OF THE RANCHO CUCANONGA CITY CODE, REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN CITY STREETS MOTION: Moved by Alexander, seconded by Buquet to waive full reading and set second reading of Ordinance No. 437 for November 21, 1990 with the speed limit on Rochester to be set at 40 m.p.h. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , ITEMS G2, G3, AND G4 WERE CONSIDERED AT THE SAME TIME. (36) City Council Minutes. November 7, 1990 Page 18 (37) (38) G2. PUBLIC HEARING OF PROTESTS REGARDING EMINENT DOMAIN ACTION TO ACOUIRE PUBLIC RIGHT-OF-WAY FOR THE SIGNAL AND INTERSECTION IMPROVEMENT FOR ROCHESTER AVENUE AT FOOTHILL BOULEVARD AT THE PROPERTY LOCATED AT 11929 FOOTHILL BOULEVARD {APN: 229-021-17) FOR THE INSTALLATION OF TRAFFIC SIGNALS AND IMPROVEMENTS TO THE INTERSECTION AT SAID PROPERTY Staff report presented by Mike Olivier, St. Civil Engineer. (1002-06 EM DOMAIN) Mayor Stout stated he was in receipt of a letter regarding item G2. Mayor Stout opened the meeting for public hearing. There being no response the public hearing was closed. RESOLUTION NO. 90-432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-432. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , G3. PUBLIC HEARING OF PROTESTS REGARDING EMINENT DOMAIN ACTION TO ACOUIRE PUBLIC RIGHT-OF-WAY FOR THE SIGNAL AND INTERSECTION IMPROVEMENTS FOR ROCHESTER AVENUE AT FOOTHILL BOULEVARD AT THE PROPERTIES LOCATED AT 8171 ROCHESTER AVENUE AND 11941 FOOTHILL BOULEVARD (APN: 229-021-31, 32 RESPECTIVELY1 FOR THE INSTALLATION OF TRAFFIC SIGNALS AND IMPROVEMENTS TO THE INTERSECTION AT SAID PROPERTY Staff report presented by Mike Olivier, St. Civil Engineer. (1002-06 EM DOMAIN) RESOLUTION NO. 90-433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-433. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , City Council Minutes November 7, 1990 Page 19 G4. PUBLIC HEARING OF PROTESTS REGARDING EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR THE SIGNAL AND INTERSECTION IMPROVEMENTS FOR ROCHESTER AVENUE AT FOOTHILL BOULEVARD AT THE PROPERTY LOCATED AT 11871 FOOTHILL BOULEVARD fAPN: 229-011-10) FOR THE INSTALLATION OF TRAFFIC SIGNALS AND IMPROVEMENTS TO THE INTERSECTION AT SAID PROPERTY Staff report presented by Mike Olivier, St. Civil Engineer. (1002-06 EM DOMAIN) RESOLUTION NO. 90-434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-433. Motion carried unanimously, 4-0-1 (Brown absent). , , , , , H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF A RESOLUTION SUPPORTING THE CREATION AND USE OF AN "INLAND EMPIRE" POSTMARK Staff report presented by Jack Lam, City Manager. (1205-09 POST SERV) RESOLUTION NO. 90-435 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO INSTITUTE THE INLAND EMPIRE POSTMARK MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 90- 435. Motion carried unanimously, 4-0-1 (Brown absent). · , · · · H2. GENERAL PLAN AMENDMENT 90-03B - CITY OF RANCHO CUCAMONGA - A request to adopt a Resolution of Intent for various changes in the land use, circulation, and public facilities elements of the General Plan to provide consistency between the Etiwanda North Specific Plan and the General Plan, as well as changes in other elements as may be needed to provide internal consistency within the General Plan, for the area generally located within the Etiwanda North Specific Plan, portions north of Highland Avenue, south of the National Forest Boundary (with portions within the National Forest), east of the extension of Milliken Avenue, and west of the Fontana City limit. Staff report presented by Miki Bratt, Associate Engineer. (0203-03 GP 7~MEN) Jack Lam, City Manager, added that this is not the adoption of the changes, only to continue through the channels of the process. (39) (4o) (4i) City Council Minutes November 7, 1990 Page 20 (42) RESOLUTION NO. 90-436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA~ OF INTENT TO PREPARE AMENDMENTS TO THE GENERAL PLAN INCLUDING VARIOUS CHANGES IN THE LAND USE, CIRCULATION, AND PUBLIC FACILITIES ELEMENTS TO PROVIDE CONSISTENCY BETWEEN THE ETIWANDA NORTH SPECIFIC PLAN AND THE GENERAL PLAN, AS WELL AS CHANGES IN OTHER ELEMENTS AS MAY BE NEEDED TO PROVIDE INTERNAL CONSISTENCY WITHIN THE GENERAL PLAN MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 90- 436. Motion carried unanimously, 4-0-1 (Brown absent). , , · , , H3. CONSIDERATION OF PUBLIC SAFETY COMMISSION'S RECOMMENDATION TO INITIATE SCHOOL PARKING ENFORCEMENT PROGRAMAND NEW PARKING ENFORCEMENT PROCEDURES Staff report presented by Duane Baker, Assistant to the City Manager. (1163-01 PK & TRAF) (1405-03 SCHOOLS) Mayor Stout suggested the amount of the fines be looked at because he felt they were low, and possibly they could change them before the citations were printed. Councilmember Wright asked if the City would have any liability for the proctors acting as an agent for the City. Duane Baker, Assistant to the City Manager, stated that this has not come up but could be checked into. Councilmember Wright stated she would like a legal opinion if the City would be liable for the proctors acting as an agent for the City. Councilmember Buquet stated he has problems with the contract service provisions. He did not see them as being a facilitator, only to collect money. He felt it should be done through a city standpoint. He felt the schools should be cautioned about the proctors issuing citations. He stated he likes the concept, but is only questioning this being done through the proctors. Duane Baker, Assistant to the City Manager, stated he is looking for approval to enter into a contract with a vendor, printing of the citations and training of the proctors. He continued to state he can get the questions answered the Council has and come back to the City Council with the information before he moves forward. ACTION: Further information to come back at the November 21, 1990 meeting. I. COUNCIL BUSINESS NO items submitted. City Council Minutes November 7, 1990 Page 21 , · , , , J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. · · · , , , K. COMMUNICATIONS FROM THE PUBLIC K1. Lewis Trout, 7861 Leucite, thanked the City staff for how they handled the election and candidates. He felt the issue of the Mayor's term should be put to a vote of the people to be considered for a four year term, and should be synchronized with the City Council terms. He asked that this be discussed at the next meeting. · , , , , L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn. Motion carried unanimously, 4-0-1 (Brown absent). The meeting adjourned at 10:06 p.m. (The Redevelopment Agency met in Executive Session) Respectfully submitted, ~~ CMC City Clerk Approved: December 5, 1990