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HomeMy WebLinkAbout1990/10/17 - Minutes October 17, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES ReUular Meetinu A. C~T.T. TO ORDER A regular meeting of the Rancho Cucamonga City Council met on Wednesday, October 17, 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 7:04 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, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Larry Henderson, Principal Planner; Scott Murphy, Associate Planner; Shintu Bose, Deputy City Engineer; Robert Zetterberg, Public Works Maintenance Manager; Dan James, Sr. Civil Engineer; Joe Stofa, Associate Engineer; Jerry Grant, Building Official; Jim Hart, Administrative Services Director; Susan Neely, Finance Officer; Joe Schultz, Community Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Patty Riffel, Executive Assistant; Chief Dennis Michael and Chief Lloyd Almand, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. , , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Observing Red Ribbon Week, October 21-27, 1990. Mayor Stout read the Proclamation. B2. Jack Lam, City Manager, pointed out there was an addendum to the agenda entitled "Consideration of Resolution supporting the Repeal of SB 2557", which would be item number 3 under City Manager's Staff Reportsj B3. Jack Lam, City Manager, requested an Executive Session to discuss personnel matters. City Council Minutes October 17, 1990 Page 2 B4. Mayor Stout stated that this meeting would be adjourned in the memory of Sam Punter because of his recent death, and stated what a loss it will be for the City of Rancho Cucamonga. C. COMMUNICATIONS FROM THE PUBLIC Cl. Diane Williams, 7251Amethyst, stated that two weeks ago she hadquestioned the information that was put forth on an independent feasibility study regarding the Sports Complex, the economic soundness of the maintenance and operation of the stadium being built when the major source of income was anticipated to be from the sale of beer. She stated at that time she requested the Council to reconsider their action on the approval of this project. She stated on this agenda she sees an item on the agenda requested by Councilmember Buquet requesting the adoption of a cost analysis policy regarding public buildings. She felt this should be linked to the Sports Complex and asked for the Council to reconsider their decision on the Sports Complex until they have allowed this project the thorough public scrutiny it deserves. She also questioned if the copy of the study that she had received, and which had also been given to the Park & Recreation Commission, was a draft copy. She stated she had been told she could receive a copy of the corrected copy once it was ready, and had still not received a copy of it as of today. She asked what was the purpose of an independent feasibility study if it is altered by the City staff to meet the whim of the project. Jack Lam, City Manager, added that a revised version of the study had been distributed to the Council tonight and that he had a copy of it to give to Mrs. Williams tonight. D. CONSENT CALENDAR D1. Approval of Minutes: September 19, 1990 (Brown absent) D2. Approval of Warrants, Register Nos. 9/5/90 and 10/3/90; and Payroll ending 9/27/90 for the total amount of 1,898,521.62. D3. Approval to receive and file current Investment Schedule as of September 30, 1990. D4. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Rancho Thai B.B.Q., Nipa Tongchantra, Vatchara Sankosik, °Damrong Tarukachon, Keritsana Tarukachon, 9581 Foothill Boulevard. D5. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Above Board Deli, Jan and Robert Sotiros, 6614 Carnelian. City Council Minutes October 17, 1990 Page 3 D6. Alcoholic Beverage Application for Off-Sale Beer & Wine Type 20 for Smart & Final, SFA Corporation, 8675 Base Line Road. D7. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Cherony's Dell, Gregory Dale Giannamore and Robert Joseph Martin Jr., 9170 Haven Avenue, #102. DS. Approval to authorize the advertising of the "Notice Inviting Bids" for the Milliken Avenue Underpass Improvement Project, located between Sixth Street and Jersey Boulevard, to be funded from SB140 Account No. 35-4637-9030 and RDA Account No. 15-51000. (0601-01 BID) RESOLUTION NO. 90-397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "MILLIKEN AVENUE UNDERPASS IMPROVEMENT PROJECT", IN SAID CITY AND AUTHORIZINGAND DIRECTING THE CITY CLERK TOADVERTISE TO RECEIVE BIDS D9. Approval of Article 8 Claim Transportation Funds for Fiscal Year 1990/91. (0401-00 FUND) (1206-06 TRANSPORT) D10. Approval to Expend Asset Seizure Funds. (0401-21 FUND APPRO) Dll. Approval of Landmark Designation 90-04 - Roth's Store and Post Office, located at 7157 Amethyst, as an Historic Landmark - APN 202-151-01. (1402-06 HISTORY) RESOLUTION NO. 90-398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARKNO. 90-04, THEREBY DESIGNATING ROTM'S STORE AND POST OFFICE (KNOWN AS ERNIE'S PLACE), LOCATED AT 7157 AMETHYST AVENUE, RANCHO CUCAMONGA, AS AN HISTORIC LANDMARK D12. Approval for Vacation of a Temporary Easement for Retention Basin and Drainage Facilities - Tract 13425 -A request to summarily vacate a temporary easement for grading and construction of Retention Basin, Earthen Berms and Drainage Facilities, located on the southwest corner of Highland Avenue and 19th Street. (1110-18 VACATE ESM) RESOLUTION NO. 90-399 A RESOLUTION OF THE CITY COUNCIL OF THE dITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE TEMPORARY EASEMENT FORRETENTION BASINAND DRAINAGE FACILITIES ON TRACT 13425 (2) (3) (4) (5) City Council Minutes. October 17, 1990 Page 4 (6) (7) (8) (9) (ii) D13. Approval to award and authorization to execute contract (CO 90-143) for the Landscape and Irrigation Contract for Landscape Maintenance Districts Nos. 1 and 5 to Landscape West of Anaheim, California, in the amount of $97,752.00 to be funded by Landscape Maintenance Districts 1 and 5 - Account Nos. 40-4130- 6028 and 44-4130-6028, respectively. (0511-01 AWARD) (0602-01 CONTRACT) D14. Approval to award and authorization to execute contract (CO 90-144) for the Landscape and Irrigation Contract for Landscape Maintenance Districts Nos. 2 and 4 to Landscape West of Anaheim, California, in the amount of $236,331.00, to be funded by Landscape Maintenance Districts 2 and 4 - Account Nos. 41-4130- 6028 and 43-4130-6028, respectively. (0511-01 AWARD) (0602-01 CONTRACT) D15. Approval to award and authorization to execute contract (CO 90-145) for the Landscape and Irrigation Contract for Landscape Maintenance Districts Nos. 3A and 3B to Mariposa Horticultural Enterprises, Incorporated of South E1 Monte, California, in the amount of $95,731.00 to be funded by Landscape Maintenance Districts 3A and 3B - Account Nos. 01-4647-6028 and 42-4130-6028, respectively. (0511-01 AWARD) (0602-01 CONTRACT) D16. Approval to execute agreement (CO 90-146) with San Bernardino County Flood Control District for authorization of expenditure of Day Creek Project Funds and Approval to execute agreement (CO 90-147) with the Metropolitan Water District of Southern California (MWD) for Planning, Constructing, Maintaining and Using Drain Line Facilities extending from MWD site, which is located at the northwest corner of Etiwanda Avenue and Arrow Route, westerly, approximately one mile, to the Day Creek Channel. City share will be $545,000.00 of the total estimated project cost of $6,545,000.00 using funds already allocated for the work in this area from the Day Creek Project. (0602-01 CONTRACT) D17. Approval to execute a Professional Services Agreement (CO 90-148) with Bauer Environmental Services for the preparation of a subsequent Environmental Impact Report for Vesting Tentative Tract 14475 located north of Almond Street, west of Sapphire Street, not to exceed $39,905.00, with set amount to be reimbursed by the applicant. (0602-01 CONTRACT) D18. Approval to Release Lien Rights related to reimbursement Agreement for Frontage Improvements for Assessor Parcel Nos. 209-142-14, 209-142-15, 209-14- 17 and 209-142-34 located south of Arrow Highway, east of Utica Avenue submitted by Barton Development Company and Utica-Haven Associates. (0602-01 AGREE R I/L) RESOLUTION NO. 90-400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING LIEN RIGHTS RELATED TO REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS FOR ASSESSOR PARCEL NUMBERS 209-142-14, 209-142-15 AND 209-142-34 FROM BARTON DEVELOPMENT COMPANNYAND FOR ASSESSOR PARCEL NUMBER 209- 142-17 FROM UTICA-HAVEN ASSOCIATES City Council Minutes October 17, 1990 Page 5 D19. Approval to accept Real Property Improvement Contract and Lien Agreement from Lawrence E. and Cheryl Perdew for a single family residence, located on the west side of East Avenue, north of Highland Avenue. (0602-01 AGREE LIEN) RESOLUTION NO. 90-401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROMLAWRENCE E. AND CHERYL PERDEW AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D20. Approval to execute Improvement Agreement Extension for Parcel Map 5996, located on Cabrosa Place south of Wilson Avenue, submitted by Randolph and Sandra Davis. (0602-01 AGREE EXTN) RESOLUTION NO. 90-402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 5996 D21. Approval to execute Improvement Agreement Extension for Parcel Map 10295, located on Elm Avenue between Spruce Avenue and Church Street, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10295 D22. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 12969 located on the south side of Arrow Route at Edwin Court. (0602- 01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $113,000.00 Accept: Maintenance Guarantee Bond (Street) $ 11,300.00 RESOLUTION NO. 90-404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12969 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13270 Basin #2 located on the northwest corner of Church Street and Milliken Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) (i4) (is) (i6) City Council Minutes October 17, 1990 Page 6 (u) (m) (20) Release: Accept: Faithful Performance Bond (Street) Maintenance Guarantee Bond (Street) RESOLUTION NO. 90-405 $486,000.00 $ 48,600.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13270 BASIN #2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORN D24. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13823 located on the south side of Lemon Avenue between Barsac Place and Semillon Place. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $63,000.00 Accept: Maintenance Guarantee Bond (Street) $ 6,300.00 RESOLUTION NO. 90-406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13823 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval of Improvements, Release of Bonds and Notice of Completion for Tract 13425, located on the north side of 19th Street between Haven Avenue and Highland Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $623,000.00 Accept: Maintenance Guarantee Bond (Street) $ 62,300.00 RESOLUTION NO. 90-407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY" OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13425 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D26. Approval to release Maintenance Bond for Tract 13058 located on the west side of Fairmont Way south of Highland Avenue. (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $75,000.00 D27. Approval to accept Highland Avenue Improvement, from Hermosa Avenue to Mayberry Avenue, Contract No. 90-073, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) City Council Minutes October 17, 1990 Page 7 RESOLUTION NO. 90-408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE HIGHLAND AVENUE IMPROVEMENT PROJECT, FROM HERMOSA AVENUE TO MAYBERRY AVENUE, CONTRACT NO. 90-073, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Brown to approve the Consent Calendar, with Brown abstaining from voting on the minutes of September 19, 1990. Motion carried unanimously, 5-0. , · , , , E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 90-03 - CITY OF RANCHO CUCAMONGA - A proposed amendment to adjust the northern boundary of Subarea 8 on the west side of Rochester Avenue northerly 330 feet, westerly 1,065 feet, and southerly 330 feet to its present boundary with Subarea 7; delete the planned extension of Day Creek Boulevard between Rochester and Milliken Avenues; and realign a portion of Day Creek Boulevard east of Rochester Avenue. The purpose of this amendment is to accommodate the development of a City sports park at the northwest corner of Rochester Avenue and Arrow Highway - APN 229-011-05, 06, 24, 229-021-15, 20, 28, 34, 41, 42, 44, 45, 53, 54, and 55. The Planning Commission recommends issuance of a Negative Declaration. (0203-05 INDUS SP) Debra J. Adams, City Clerk, read the title of Ordinance No. 431. ORDINANCE NO. 431 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIALAREA SPECIFIC PLAN AMENDMENT NO. 90-03 TOADJUST THE NORTHERN BOUNDARY OF SUBAREA 8 ON THE WEST SIDE OF ROCHESTER AVENUE NORTHERLY 330 FEET, WESTERLY 1,065 FEET, AND SOUTHERLY 330 FEET TO ITS PRESENT BOUNDARY WITH SUBAREA 7; DELETION OF THE PLANNED EXTENSION OF DAY CREEK BOULEVARD BETWEEN ROCHESTER AND MILLIKEN AVENUES; AND THE REALIGNMENT OF A PORTION OF DAY CREEK BOULEVARD EAST OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Buquet to waive full reading and approve Ordinance No. 431. Motion carried unanimously, 5-0. , , , , , F. ADVERTISED PUBLIC HEARINGS City Council Minutes. October 17, 1990 Page 8 (22) F1. CONSIDERATION OF EXPRESS FINDINGS OF FACT FOR RESIDENTIAL AUTOMATIC FIRE SPRINKLERS BECAUSE OF LOCAL CONDITIONS - A resolution, when adopted, which will comply with the provision of the State of California Health and Safety Code Section 17958.7. (Continued from September 5, 1990) Staff report presented by Jerry Grant, Building Official. (0807-01 CODE BLDG) Mayor Stout asked if the Building Industry Association (BIA) and the Chamber of Commerce had been mailed notices for the Public Safety Commission public hearings. Jerry Grant, Building Official, stated they were present at the Public Safety Commission meeting, but had asked for a continuance the first time it had gone before the Public Safety Commission. Councilmember Alexander asked if there would need to be any changes for plan check fees if this Ordinance was approved. Jerry Grant, Building Official, felt the fees already established would be sufficient. Chief Michael, Fire District, stated the BIA and Chamber were notified of the public hearing before the Public Safety Commission. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Kent Crowley, Chamber of Commerce, stated that the Council has a Resolution before them approved by the Chamber, and added he applauded the City staff for their assistance on this matter. He stated he felt the Ordinance should include other methods of fire detection, i.e., smoke detectors. He felt geographic locations should be considered as far as those people who live below or above Highland. He added he felt the Ordinance was damaging to the economic growth of the City, and that the Chamber is opposed to it as currently proposed, and asked for further investigation by the City on this matter. Bill Conway, resident of Rancho Cucamonga and small business owner, presented a handout by the NFPA to the City Council which was also made a part of the record. Mr. Conway stated he did not feel a fire sprinkler system would help a smoldering fire, and did not feel fire sprinklers were the life savers people thought they would be. Mayor Stout asked Mr. Conway if he felt fire sprinklers would be beneficial in certain areas of the City. Mr. Conway did not think so. Councilmember Brown stated that all of the footnotes on the handout refer to 1982 and felt there were hopefully newer figures than those referred to in the handout. City Council Minutes October 17, 1990 Page 9 Mr. Conway felt the numbers were still fairly current. He continued to say that what he was trying to point out to the City Council was that fire sprinklers were old technology. Councilmember Alexander stated what he heard Mr. Conway and the Chamber of Commerce saying was that they wanted the City to go back and put smoke detectors in existing homes, which he felt would be very costly. He added he felt fire sprinklers would save lives. He added that if every resident was asked to replace a wood roof with tile that it would be very costly. Mr. Conway stated he agreed that fire sprinklers save lives, but that they were not worth the cost involved, that smoke detectors would still be effective. He felt this would be a better way with less cost to the homeowner. Bill Beatty, 10532 Acacia, passed out information to the City Council. Mayor Stout asked why this had not been brought forth sooner. Mr. Beatty continued to go through the information distributed to the City Council. He felt smoke alarms should be approved by the City Council with installation made mandatory City-wide. He stated an alarm system could be installed for approximately $400.00 in a small house. He also submitted a brochure to be made part of the record. Chief Almand, Fire District, stated that the Fire District supports the fire sprinkler ordinance which was before the City Council. He introduced Gary Turner, Fire Marshall of Montclair, and John Roberts, Fire Marshall of San Bernardino County, which covers Fontana, who would be presenting further information. Rodney Beavers did not feel the alarm system proposed to the City Council by Mr. Beatty was adequate. Gary Turner, Fire Marshal of Montclair, stated that they adopted a fire alarm and sprinkler ordinance last year which was more complex than what was before the City Council tonight. He stated that they also had the same reaction from the BIA as Rancho Cucamonga is having. Me stated that fire sprinklers have been 99% effective according to NFPA standards. Mayor Stout asked if they have experienced any breakage of pipes or any leaking pipes. Mr. Turner stated yes, but only because of vandalism. He added he has statistics that show only i in 16,000,000 sprinkler heads fail. John Roberts, Fire Marsbali of San Bernardino County for Fontana, stated the idea of fire sprinklers in Fontana was very receptive and successful, and that some of the merchants are using the installation as a selling point. City Council Minutes~ October 17, 1990 Page 10 Joe Oleson, Lewis Homes, stated they supported the Chambers letter that the City Council received. He felt the problem was with the limitations of the ordinance. He stated Lewis Homes would support a City-wide program for the installation of smoke detectors. He also added that Lewis Homes was present at the Public Safety Commission meetings when this was heard before them. He stated that on September 18, 1990 the State Legislature passed SB 1830 which dealt with the issue of fire sprinklers and the City and local agency abilities to legislate this. He stated the question to the Legislative Counsel was "if this were to become law, would an agency have the authority, except as required by the California Building Standards Code, to mandate automatic fire sprinkler systems in residential dwellings". He added the opinion offered by the Legislative Counsel was that an Agency would not have that authority of reverting back to the original opinion with respect to state pre-emption. He wanted this made a part of the record. Councilmember Brown asked if this had been signed by the Governor. Chief Michael, Fire District, stated it has been approved and chaptered along with an accompanying bill. There being no further response, the public hearing was closed. Councilmember Alexander stated that fire sprinklers save lives and that was the bottom line. He stated he did not know if retrofitring was the answer, and whether to go back and install these in homes already completed, but felt they should start being installed with new construction. Councilmember Brown stated she figured the loan amount for installing a sprinkler system, and that it would be cheaper than installing an alarm system by Emnet. She added there would also be an additional credit on homeowner's insurance. She stated for the record that it was essential that any new homes built in this City that are being subsidized by City funds by the taxpayers money should have sprinkler systems. She felt it would add to the cost of the homes, but the money that would be saved will, in the long run, go a lot further than in'the case of having one or two of these houses subsidized by the City burn down. She felt it was an issue of safety not economics. Councilmember Wright asked if this would cover rebuilds. Jerry Grant, Building Official, stated it would be for new housing only, not rebuilds. Councilmember Wright stated she would like rebuilding added to the ordinance and felt the fire sprinklers were well worth the money. Councilmember Buquet asked if the City was in a time crunch with the state on this. City Council Minutes October 17, 1990 Page 11 James Markman, City Attorney, stated there was not a time deadline, that there has been legislation passed that is ambiguous. Me stated the case has not been litigated. He felt if this ordinance is passed and challenged, the City could in good faith attempt to protect and defend it. Councilmember Buquet stated he is not opposed to the Council dealing with this issue or moving forward with some sort of provision of fire protection within the homes, but felt it should be communicated to those that deal with this issue in the future that it is there to assist other systems. Me wanted to keep the cost to a minimum for the initial construction and to make sure that it is something that is long term. He stated he would also like to see something to present homeowners that could benefit them to be able to afford this. Mayor Stout suggested that two ordinances be before the Council for approval, the first one be as was submitted to Council with the additional language of rebuilds included in it as Councilmember Wright suggested, and the second companion ordinance to be identical to that, but have an effective date of January 1, 1991 which includes the legislation recently signed. James Markman, City Attorney, suggested they take a short break so the necessary language could be added to the ordinance. Mayor Stout stated he felt tile roofs were a good idea. He stated he did not think cost was the issue regarding fire sprinklers. He reported on the demonstration that he, Councilmembers Brown and Alexander went through on fire sprinkler systems and that he was convinced that they do save lives. He did not feel Rancho Cucamonga should wait any longer, that the 50% of the City that is left to be built should have fire sprinklers. , , · , · Mayor Stout called a recess at 8:41 p.m. The meeting was called back to order at 9:00 p.m. with all members of Council present. , , · , , RESOLUTION NO. 90-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CITY'S BUILDING CODE, AS ADOPTED BY ORDINANCE NO. 426 ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS MOTIONz Moved by Brown, seconded by Wright to approve R~solution No. 90-352. Motion carried unanimously, 5-0. CONSIDERATION OF AN ORDINANCE REQUIRING AUTOMATIC FIRE SPRINKLERS IN ALL RESIDENTIAL BUILDINGS AND CERTAIN RELATED ACCESSORY BUILDINGS (0807-01 CODE BLDG) (23) City Council Minutes. October 17, 1990 Page 12 Debra J. Adams, City Clerk, read the title of Ordinance No. 426. James Markman, City Attorney, stated the next action would be to consider the adoption of two ordinances, one would be effective as usual and self-destruct at the end of 1990, and the other would be identical and take affect January 1, 1991 which would provide protection since there is language in the legislation which he felt was ambiguous. He stated the following should be added to page 117, as paragraph number three at the bottom which would state that Section 15.12.170 is added to said Uniform Building Code to read as follows: "Any existing structure of an occupancy referred to in Sections 15.12.166 and 15.12.168 of this code hereafter damaged as a result of fire, earthquake, or other disaster which requires substantially complete demolition and reconstruction of the structure in its entirety, shall have an approved automatic sprinkler system installed therein." He stated this would be in both ordinances. He stated Ordinance 426 should state it is effective until January 1, 1991, and that Ordinance 434 would be identical but would state the ordinance would take affect January 1, 1991. ORDINANCE NO. 426 (first 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 Wright, seconded by Alexander to waive full reading and set second reading of Ordinance No. 426 for November 7, 1990. Motion carried unanimously, 5-0. ORDINANCE NO. 434 ({Lrst reediog) AN ORDINANC= OF TR~ CITY COUNCIL OF'..T~ CXTY OF RANCHO CUeAMONG&, CALIFORNIA, M~I~ TITLN. 15~ 'MILDINS AND ~NSTRU~I~ OF ~ ~ C~A ~ICIPAL..~E AND ADORING BY ~Z~NCE ST~D~S NFPA'13~ M NFPA 13R, ~TH PUBLISHED BY ~ ~TXON~ FI~ M~XON ASS~IATXON, ~QU/~.~.I~ST~v-v-~TI~OF A~T~F~.SPR=N~R SYST~S IN ~SID~XaL ~Pa~ZES ~D ~RT~IN. BUI~I~S A~S~RY THEMTO, WI~ CERTAIN MND~TS, D~TIONS ~D EXCEPTION TO SAID CODMS City Council Minutes October 17, 1990 Page 13 MOTION: Moved by Brown, seconded by Alexander to add Ordinance No. 434 as stated above, waive full reading and set second reading for November 7, 1990. Motion carried unanimously, 5-0. Councilmember Buquet stated he felt this was a proactive step; however his support for this as it is presently written is contingent upon exploring various alternatives and incentives he previously discussed in dealing with existing housing stock in the City including retroactivity. Councilmember Alexander stated he agreed with this. , , , , , , ITEMS F2 AND F3 WERE CONSIDERED TO(~ETHER AT THE SAME TIME. F2. CONSIDERATION TO DESIGNATE MAI STREET AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE (Continued from October 3, 1990) Staff report presented by Dan James, Sr. Civil Engineer, who suggested both of these issues be forwarded to the Public Safety Commission to review, and then return to the City Council for further action. (1110-00 STREET) Councilmember Alexander added that the issue of public safety is important when it comes to the designation of private streets and rather than at the present time going to public hearing, he stated it was the recommendation of the Public Works Subcommittee to allow the Public Safety Commission to review and make comments on both of these issues and then come back to the Council. Councilmember Buquet stated there are a lot of private streets in the City that they were not even aware existed. He stated what the Subcommittee's concern was and the reason they felt it should be forwarded to the Public Safety Commission was because of the fact that someone needs to make a determination at what point should a private street no longer be a private street. Mayor Stout asked if there was anyone in the audience who wanted to speak about this issue that could not be present at the November 21st meeting. Addressing Council were: Gary Willjams, 9988 Almond, stated he wanted to build a wall on his property, but the City would not allow it unless there was an offer of dedication. James Markman, City Attorney, suggested the Mr. Willjams give the offer of dedication and if the Council makes this a private street, they could give it back to him. Randy Comstock, 4930 Mai, stated there is a fire hydrant at Mr. Williams corner for the Council's information. He felt it should be a private street. He also mentioned that Bob White is a neighbor of his and is also in favor of the private street. (24) City Council Minutes. October 17, 1990 Page 14 (25) (26) Councilmember Buquet stated the Subcommittee feels that because of the response coming in with these requests that a policy be formulated spelling out specific minimum standards prior to consideration of the City taking action or a position. He felt the situation should be checked out thoroughly and referred to the Public Safety Commission for their recommendation to come back to the Council. Councilmember Alexander stated he agreed with Councilmember Buquet. He felt the City Council Subcommittee and a representative from the Public Safety Commission should get together and report back to the City Council at the next meeting available. Councilmember Wright felt the City should take the offer of dedication and let Mr. Williams build the wall. Mayor Stout felt the public safety issue should be resolved before a final decision is made. MOTION: Moved by Buquet, seconded by Alexander to refer the item for public hearing before the Public Safety Commission on November 8, continue this public hearing to November 21, and for the Council Subcommittee to meet with the residents on other issues of concern prior to November 21. Motion carried unanimously, 5-0. , , , , , F3. CONSIDERATION TO DESIGNATE LA 'SENDA ROAD AND CAROL AVENUE AS PRIVATE STREETS AND EXEMPTING THE ABUTTING PROPERTIES FROM REOUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE (Continued from October 3, 1990) (1110-00 STREET) See Item F2 for discussion and motion. , , , , , F4. CONSIDERATION TO ORDER THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 8 FOR PARCEL MAP 12854, LOCATED ON THE WEST SIDE OF EAST AVENUE, BETWEEN CATALPA AND VICTORIA STREETS Staff report presented by Joe Stofa, Associate Engineer. (0401-03 ST LT MD) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 90-409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 8 AND ACCEPTING THE FINAL ENGIHEER'S REPORT FOR PARCEL MAP 12854 City Council Minutes October 17, 1990 Page 15 MOTION: Moved by Brown, seconded by Wright to approve Resolution No. 90-409. Motion carried unanimously, 5-0. , · , , , , FS. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 90-02 - CITY OF RANCHO CUCAMONGA - 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. Staff report presented by Scott Murphy, Associate Planner. (0203-05 VCP AMEN) Councilmember Brown asked if this includes any grandfathering. Scott Murphy, Associate Planner, stated since it was not mentioned in the ordinance, it was not included. Mayor Stout opened the meeting for public hearing. Addressing the Council were: Gary Luque, William Lyon Company, stated they are requesting that the projects that are currently in the process be excluded from the ordinance, in particular the project at the northeast corner of Milliken and Base Line by Lincoln Properties. Beverly Adamson, homeowner in Terra Vista area, stated that density is a great concern of the residents in Terra Vista and felt that the City Council should be voting on these matters instead of the Planning Commission. Mayor Stout stated these matters are voted on by both the Planning Commission and the City Council. Ms. Adamson felt she would like to see the two proposed properties, the one in Tetra Vista in particular, not grandfathered. Pat Dutton, 11405 Genova, stated he liked what he saw in the ordinance, and would like to see no grandfathering. Councilmember Wright asked Mr. Luque if he felt Lincoln should be grandfathered or not. Mr. Luque stated he did not feel Lincoln should be grandfathered in. Keith Durham, 7682 Wimbleton, stated he concurs with what is being proposed. He also inquired about the previous multi-family workshop discussions. Mayor Stout gave him information on what was discussed and invited him to participate in the next workshop. (27) City Council Minutes. October 17, 1990 Page 16 (28) Brad Buller, City Planner, stated that for the Lincoln Properties project, the scheduled hearing date before Planning Commission is November 14, and that if the Council carried out the scenario when this might reach final conclusion and when this ordinance would be in effect, 30 days after second reading, there would be a chance that if it is approved through the Planning Commission process, that this project may be approved before this ordinance becomes effective. Mayor Stout asked that the City Council's concerns be expressed to the Planning Commission about this project and give staff direction that the Council would like to see this project at Council level within the appeal period filed. Brad Bullet, City Planner, stated that would be possible. There being no further response, the public hearing was closed. Councilmember Wright felt this should be approved. Councilmember Brown stated this was brought to the City Council because it was brought up by a resident. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 432 and 433. ORDINANCE NO. 432 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 90-02, ENDING 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 CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 90-01 - CITY OF RANCHO CUCAMONGA - 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) ORDINANCE NO. 433 (first 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 COMITY PLAN TO REQUIRE CHANGES IN LAND USE DESIGNATIONS TO BE APPROVED BY CITY COUNCIL, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Brown to waive full reading and set second reading of Ordinance Nos. 432 and 433 for November 7, 1990. Motion carried unanimously, 5-0. City Council Minutes October 17, 1990 Page 17 Mayor Stout asked that staff convey the City Council's concerns to the Planning Commission. Brad Buller, City Planner, stated he would include them in his staff report to the Planning Commission. , , , , , G. PUBLIC HEARINGS No Items Submitted. , , , · · H, CITY MANAGER*S STAFF REPORTS H1. REPORT ON ACTIVITIES NEAR THE VICINITY OF THE LABOR CAMP Staff report presented by Duane Baker, Assistant to the City Manager. (0704-07 CODE ENFOR) Councilmember Buquet suggested that rather than conducting raids and scurrying everyone off, requiring more and more law enforcement attention, he suggested that the City possibly contact INS, or develop some type of a sting operation where the people who are loitering are picked up and then shipped out. Andy Carlmark, Principal of Bear Gulch School, reported about the individuals that are lingering around the school and did not feel the students should have to be subjected to these types of people because it was frightening them. He stated he has also contacted the Police on this matter. Councilmember Wright stated she was not sure the City has looked at every possible angle to deal with this problem, and felt another approach should be looked at. Mayor Stout asked James Markman to repeat what the Public Safety Commission had done. James Markman, City Attorney, talked about the loitering and trespassing issue. Jerry Fulwood, Deputy City Manager, went into more detail on this, but stated he felt probably the same problem as before was going on right now. Mayor Stout stated he has heard complaints about these people harassing women patrons of the Mobil Station. He also suggested the Police Department increase the patrol in this area. Jerry Fulwood, Deputy City Manager, stated staff could investigate Councilmember Buquet's suggestion and any others, and come back to the City Council with a report. (29) City Council Minutes. October 17, 1990 Page 18 Councilmember Buquet stated he felt the City should be innovative to take care of this problem instead of waiting for the INS. Jack Lam, City Manager, stated that at the League of California Cities Conference next week there would be a session on this particular sort of problem. He added the City will continue to do whatever they can to assist with this problem. Councilmember Wright stated she would like to see the Public Safety Commission get involved in developing a solid plan which would come back to the City Council for approval. Councilmember Alexander stated he would like to see something done in the meantime prior to the Public Safety Commission's comments coming back to the City Council. Capt. Zeiner, Police Department, suggested that possibly the children's bus stop could be changed. Mr. Carlmark asked if the City could do something to move the men away from the bus stop. Councilmember Buquet suggested there be a safe route to school program in that area so that the loitering individuals might get a lot of pressure and leave the area. Councilmember Brown felt the development of the labor camp project should also be considered by the Public Safety Commission. Councilmember Wright suggested that there be something positive done for these people so that they would have something to do other than drink and harass the children. James Markman, City Attorney, reported that a City in Orange County had the same type of situation and presented information on how they funded a Job program which helped their situation. Jack Lam, City Manager, added that the City of Los Angeles is also doing this same type of program. Councilmember Wright stated she would like to see the Public Safety Commission to look at this option also. ACTION: The City Council concurred to refer this to the Public Safety Commission to look at all possible options available. Mayor Stout asked Mr. Carlmark to participate in this. Mr. Carlmark stated he felt he could also get parents to work on this problem. City Council Minutes October 17, 1990 Page 19 Councilmember Brown suggested that the Citizen's Patrol get involved to hopefully stop some of this activity. , , , , , , H2. CONSIDERATION TO HOLD PUBLIC HEARING TO REPROGRAMCDBG FUNDS Staff report presented by Duane Baker, Assistant to the City Manager. (0203-04 CDBG) MOTION: Moved by Alexander, seconded by Wright to set the public hearing for November 21, 1990. Motion carried unanimously, 5-0. , , , , , , H3. CONSIDERATION TO REPEAL SB 2557 WHICH IMPOSES A BOOKING FEE ON CITIES Staff report presented by Jack Lam, City Manager. (0401-12 FEES) RESOLUTION NO. 90-410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE REPEAL OF SB 2557 AND SUPPORTING THE DEVELOPMENT OF ALTERNATIVES THAT PROVIDE ADEQUATE LONG TERM FUNDING FOR CITIES AND COUNTIES MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 90-410. Motion carried unanimously, 5-0. , , , , , I. COUNCIL BUSINESS I1. CONSIDERATION OF REFERRING THE TREE PRESERVATION ORDINANCE TO THE ENVIRONMENTAL MANAGEMENT COMMISSION FOR REVIEW (Oral Report) (0203-02 TREES) Councilmember Wright referred to a letter from the Inland Coalition and stated that with the focus on trees that has occurred, she felt the City was slightly off target. She stated she would like the Tree Ordinance to go back to the Environmental Management Commission and would like it to be looked at from an environmental view. Mayor Stout did not feel the Environmental Management Commission was the only commission involved with this issue. He stated he felt the Public Safety Commission should also be involved. He continued by suggesting that members from each of the City's commissions get together and work on this issue. ACTION: Jack Lam to arrange for two members of each Commission to work on the Tree Ordinance. , , , , , I2. CONSIDERATION TOADOPT A COST ANALYSIS POLICY REGARDING PUBLIC FACILITIES Staff report presented by Councilmember Buquet. (0102-02 POLICY) (30) (32) (33) City Council Minutes= October 17, 1990 Page 20 Councilmember Brown stated she agreed with Councilmember Buquet. ACTION: Information to come back November 7, 1990. I3. CONSIDERATION OF A REOUEST BY THE CITY OF FONTANA FOR THE CITY OF RANCHO CUCAMONGA TO TAKE A POSITION REGARDING THE REMOVAL OF EUCALYPTUS TREES ALONG INTERSTATE 10 (0203-02 TREES) Mayor Stout stated he received a letter from the Mayor of Fontana about the trees along Interstate 10 and added he urged the Council to support the request. MOTION: Moved by Alexander, seconded by Buquet to approve the request. Motion carried unanimously, 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLXC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn in the memory of Sam Punter to Executive Session regarding personnel matters. Executive Session to adjourn to a Joint meeting with the Park & Recreation Commission on October 24, 1990, 7:00 p.m. Motion carried unanimously, 5-0. The meeting adjourned at 10:50 p.m. Respectfully submitted, City Clerk Approved: November 21, 1990