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HomeMy WebLinkAbout1990/08/15 - Minutes AuguSt 15, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq A. CA*r.I*. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, August 15, 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 7:25 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Shintu Bose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Joe Stofa, Associate Engineer; Walt Stickhey; Associate Engineer; Brad Buller, City Planner; Otto Kroutil, Deputy City Planner; Larry Henderson, Principal Planner; Miki Bratt, Associate Planner; Kathy Sorensen, Recreation Superintendent; Ingrid Blair, GIS Supervisor; Jim Hart, Administrative Services Director; Susan Neely, Finance Officer; Jim Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Patty Riffel, Executive Assistant; Terah Reed, Secretary II; Chief Dennis Michael and Division Chief Lloyd Almand, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was Councilmember: Charles J. Buquet II. B. ANNOUNCEMENTS/PRESENTATIONS B1. Mayor Stout made a presentation to Jack Lam, City Manager, for the national award the City had received for its financial report for the Fiscal Year ending June 30, 1989. , , , , , , C. COMMUNICATIONS FROM THE PUBLIC Cl. Mike Benner, Vice Chairman of Residents Committee of Sycamore Mobile Home Park, stated they have had a problem with the owners of the park. He stated the problem has been the upkeep of the park. He reported they have City Council Minutes August 15, 1990 Page 2 had meetings with the owners on this matter and nothing gets done. He added the County is also going to be visiting their park on some of the matters that are of concern to them. He stated he had been told by Diane O'Neal that their pool decking was in good condition, and he did not agree with this. He stated they have had someone get hurt because of the problems with the decking. The residents had sent a notice to the owners, and nothing was done by them. He added he felt the owners wanted the residents to pay for the repairs of the pool decking and pool. He also informed the Council of the poor conditions of the streets. He added he did not feel their recourse was through the County. He mentioned an incident where their clubhouse had been locked up and the residents could not access it. He mentioned that fences are also falling down. In conclusion, he asked for help from the City Council to help get these problems resolved with the owners. Councilmember Brown stated that the Council Subcommittee has been at both of their meetings, and felt it was now time for the City Attorney to get involved to see where the City can go with this. Mayor Stout asked for alternatives to come back to the City Council at the September 5, 1990 meeting. C2. Jim Frost, City Treasurer, stated he felt recognition was due Jim Hart, Administrative Services Director, and Liz Stoddard, former Finance Manager, with regards to the award just presented to Jack Lam, City Manager, because of their contributions. He also suggested that a Resolution of Commendation be given to Liz Stoddard for her work on this. He also added he felt the liability insurance coverage for the Etiwanda Historical Society was omitted from the City's budget, and asked that this come back on the next agenda for approval. Jack Lam, City Manager, stated staff would look into this. C3. Jack Williams, 9800 Base Line and Chairman of RCMORE, stated he is in support of Mike Benner. He also gave some additional information on the Mobile Home Accord that was approved by the City Council. He stated the owners are not supposed to reduce amenities, services, etc., without reducing the rent as per the Mobile Home Accord. He continued to state the Mobile Home Accord was to be a good faith agreement, and that he did not feel the owners were showing good faith. C4. Lewis Trout, 7861 Leucite, commended Jack Lam, City Manager, and Debra Adams, City Clerk, for establishing a policy for sharing the City Manager's Weekly Report and the Commission agendas with all of the candidates. He also suggested that the City host frequent meetings to inform all the candidates on some of the more sensitive issues the City is involved in. City Council Minutes August 15, 1990 Page 3 D. CONSENT CALENDAR James Markman, City Attorney, stated that there is a confidential memorandum to go with item D7, and if the Council needs an Executive Session regarding that, they may do so. D1. Approval of Warrants, Register Nos. 6/30/90, 7/25/90 and 8/1/90; and Payroll ending 8/2/90 for the total amount of $1,654,050.04. D2. Approval to receive sand file current Investment Schedule as of July 31, 1990. D3. Approval to authorize the advertising the "Notice Inviting Bids" for the 19th Street Improvements, from Archibald Avenue to Haven Avenue, to be funded from System Development Funds Account No. 22-4637-8744. (0601-01 BID) RESOLUTION NO. 90-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "19TH STREET IMPROVEMENT PROJECT BETWEEN ARCHIBALD AVENUE AND HAVEN AVENUES", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to accept Installment Note in the amount of $33,224.36 from Western Waste Industries for delinquent franchise fees for the quarterly period 7/1/89 to 9/30/89. (0401-00 FRANCHISE) (1170-04 REFUSE) D5. Approval of Environmental Initial Study Parts I and II for the Proposed Railroad Crossing Widening and Improvements at the Atchison, Topeka and Santa Fe Crossing (PUC No. 2-96.7) on Haven Avenue and the Issuance of a Categorical Exemption therefor. (1403-06 EIS) (1110-09 RAILROAD) RESOLUTION NO. 90-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY PARTS I AND II AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED WIDENING AND IMPROVEMENTS TO THE ATCHISON, TOPEKA AND SANTA FE RAILROAD CROSSING (PUC NO. 2-96.7) ON HAVEN AVENUE NORTH OF 8TH STREET D6. Approval to authorize the Department of General Services of the State of California to purchase certain materials, supplies, and equipment on behalf of the City of Rancho Cucamonga. .(0600-00 PURCHASE) (2) (3) (4) City Council Minutes August 15, 1990 Page 4 (s) (6) (7) (8) (9) RESOLUTION NO. 90-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN MATERIALS, SUPPLIES, AND EQUIPMENT ON BEHALF OF THE CITY OF RANCHO CUCAMONGA D7. Approval of Settlement of Eminent Domain Action (CO 90-130); Rancho Cucamonga vs. Eda M. Ellena, Case No. RCV 053129. (1002-06 EM DOMAIN) (0602-01 CONTRACT) RESOLUTION NO. 90-327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE HAYOR TO EXECUTE SETTLEMENT DOCUMENTS RELATING TO EMINENT DOMAIN CASE NO. RCV 053129 (CITY OF RANCHO CUCAMONGA, ETC., V. EDA M. ELENA, ETC., ET AL.) AND DIRECTING THE CITY ATTORNEY TO PROCEED IN CONFORMITY THEREWITH D8. Approval to execute an operating agreement (CO 90-131) between Security Pacific National Bank and the City to provide lender services under the Home Improvement Program. (0602-01 CONTRACT) D9. Approval to award and execute a Professional Services Agreement (CO 90- 132) for preparation of an infrastructure phasing plan for the Etiwanda North Specific Plan area to Planning Network in the amount of $9,075.00 to be funded from Contract Services Account No. 01-4333-6028 (FY 89/90). (0602-01 CONTRACT) D10. Approval to award and execute letter amendment No. 3 to the Professional Services Agreement (89-041) for the preparation of the Etiwanda North Specific Plan Environmental Impact Report with Michael Brandman Associates in the amount of $46,019.00 of which $24,311.00 will be funded from Account No. 70-276-545 and $21,708.00 will be funded from Contract Services Account No. 01-4333-6028 (FY 89/90). (0602-01 CONT AMEN) Dll. Approval of Improvement Agreement and Improvement Security for Tract 13280, located north of Base Line Road between Milliken and Rochester Avenues submitted by The William Lyon Company. (0602-01 AGREE IMPR) RESOLUTION NO. 90-328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 13280 D12. Approval to vacate a public utility and drainage easement on a portion of Lot 5, Tract 10045, located at the terminus of Almond Street, west of Haven Avenue, approximately 20-feet wide and 285.22 feet long (APN 1074-121-21). (1110-18 VACATE ESM) City Council Minutes August 15, 1990 Page 5 RESOLUTION NO. 90-329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PUBLIC UTILITY AND DRAINAGE EASEMENT ON A PORTION OF LOT 5 OF TRACT 10045 D13. Approval to accept the Kenyon Park Project in the Victoria Planned (11) Community. (0704-18 NOT COMPLT) RESOLUTION NO. 90-330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS OF THE KENYON PARK PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D14. Approval to accept Improvements, Release of Bonds and Notice of Completion for: Tract 13445, located on the northwest corner of Victoria Park Lane and (12) Rochester Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $724,000.00 Accept: Maintenance Guarantee Bond (Street) RESOLUTION NO. 90-331 $ 72,400.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13445 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13810, located on the north side of Hillside Road at Ram Court (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $174,449.00 Accept: Maintenance Guarantee Bond (Street) RESOLUTION NO. 90-332 $ 17,445.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13810 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Parcel Map 11030 Underqroundinq, located on the east side of Haven Avenue between Foothill Boulevard and Deer Creek Channel (0602-01 BOND REL) (0704-18 NOT COMPLT) (i3) (i4) City Council Minutes August 15, 1990 Page 6 Release: Faithful Performance Bond (Street) $616,601.00 Accept: Maintenance Guarantee Bond (Street) $ 61,660.00 RESOLUTION NO. 90-333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11030 UNDERGROUNDING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Parcel MaD 11341 Traffic Signal, located at the intersection of Foothill Boulevard and Milliken Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $110,000.00 RESOLUTION NO. 90-334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11341 TRAFFIC SIGNAL AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D15. Approval to accept Improvements, release of Maintenance Guarantee Bond for Tracts 12650 and 12650-4, located at the southwest corner of Canistel Avenue and Deer Canyon Drive. (0602-01 BOND REL) Tract 12650 Maintenance Guarantee Bond (Street) $ 21,000.00 Tract 12650-4 Maintenance Guarantee Bond (Street) $ 36,000.00 MOTION: Moved by Wright, seconded by Alexander to approve the Consent Calendar. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 90-02 - CITY OF RANCHO CUCAMONGA - A request to amend the land use regulations for Subarea 5 to conditionally permit Automotive Fleet Storage. (0203-05 INDUS SP) Debra J. Adams, City Clerk, read the title of Ordinance No. 423. City Council Minutes August 15, 1990 Page 7 ORDINANCE NO. 423 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE INDUSTRIAL SPECIFIC PLAN TO AMEND THE LAND USE REGULATIONS FOR SUBAREA 5 TO CONDITIONALLY PERNIT AUTOMOTIVE FLEET STORAGE MOTION: Moved by Alexander, seconded by Brown to waive full reading and approve Ordinance No. 423. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF AMENDING MAPS FOR TRACT NOS. 13565, 13565-6 AND 13565-9, LOCATED NORTH OF SUMMIT AVENUE AND EAST OF WARDMAN-BULLOCK ROAD, SUBMITTED BY STANDARD PACIFIC OF ORANGE COUNTY Staff report presented by Joe Stofa, Associate Engineer. (1002-09 MAP) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 90-335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDING TRACT MAP NOS. 13565, 13565-6 AND 13565-9 MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 90-335. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , F2. CONSIDERATION OF VACATING A PORTION OF KINLOCK AVENUE, LOCATED SOUTH OF HIGHLAND AVENUE AND EAST OF HERMOSA AVENUE Staff report presented by Walt Stickney, Associate Engineer. (1110-18 VACATE ST) Mayor Stout 'stated that this was originally supposed to be a temporary access, and asked why the City didn't put some type of a retention or bonding mechanism to complete these improvements. Walt Stickney, Associate Engineer, stated this was done under the County and they have no record. Mayor Stout asked how much block wall was missing. Walt Stickney, Associate Engineer, stated approximately 50 feet. Councilmember Alexander asked why was the temporary access required to be put in. City Council Minutes August 15, 1990 Page 8 (20) Walt Stickney, Associate Engineer, stated it was for emergency purposes. Councilmember Alexander asked if there has been any comments from the Police Department or Fire District relative to the abandonment of this. Walt Stickney, Associate Engineer, stated they did not object because of the secondary access. Mayor Stout opened the meeting for public hearing. Addressing the Council were: William Renney, Kinlock and Heather, stated he concurred with the closing of the portion of Kinlock. Phillip Antion, resident in this area since 1985, stated when they moved in they were never told about the freeway going in. He also added he agreed with the street closure because he felt it would be safer for the children playing in their front yards. Carlos Gonzales, 6546 Kinlock, stated he agreed with the other speakers. He felt with the street being left open it was inviting vandalism, and with it closed that would eliminate a lot of these problems. There being no further response, the public hearing was closed. Mayor Stout stated he felt the City should pay for the 50 feet of block wall to finish off the cul-de-sac. RESOLUTION NO. 90-336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF KINLOCK AVENUE LOCATED SOUTH OF HIGHLAND AVENUE MOTION: Moved by Stout, seconded by Brown to approve Resolution No. 90-336 with the modification of the City paying for the 50 feet of block wall. Motion carried unanimously, 4-0-1 (Buquet absent). · , , , , F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 90-01 - CITY OF RANCHO CUCANONGA - An amendment to the Etiwanda Specific Planpertaining to the proposed removal of existing Eucalyptus windrows as a result of the alignment of Summit Avenue west of Etiwanda Avenue and other street alignments. Staff report presented by Otto Kroutil, Deputy City Planner. (0203-05 ETIW SP) Mayor Stout opened the meeting for public hearing. Addressing the Council were: City Council Minutes August 15, 1990 Page 9 Jim Frost, former Chairman of the Etiwanda Specific Plan Advisory Committee, stated the Committee had very definitely decided to have a phased replacement of the trees and as quickly as possible when needed. He added he would like to see the Council continue with this previously established policy. Councilmember Brown asked if when the Committee came up with this policy, was the thought at the time when trying to preserve the breaks, that there would be conflicts of removing structures to make sure the windbreaks were preserved. Jim Frost stated at the time this was done he had various staff members come to his house to get the feeling that Etiwanda provides its residents. He felt it was very special. Lewis Trout, 7861 Leucite, stated he agreed with what Jim Frost has stated, and as a member of the Sierra Club, he felt the oversight of preserving the trees by the City Council was an important function and should be kept with the City Council. There being no further response, the public hearing was closed. Mayor Stout stated there were two issues to be dealt with; 1) was the specific issue of the realignment of 24th Street, and 2) the general ordinance. He suggested the realignment of 24th Street be dealt with first. Councilmember Brown asked if there was any way to preserve the windrow that is healthy. Otto Kroutil, Deputy City Planner, stated there is no practical way that he sees as a planner and would have to rely on the traffic staff to determine how wide a street has to be, etc. He stated with the trees where they are, you would either lose the trees, the structures, or have a street that is not wide enough. He stated he did not know of any way to preserve the trees without reopening the entire issue of street alignment in this particular location. Councilmember Brown asked if there was any way of taking these trees out and relocate them to an area that would be healthy for them. Otto Kroutil, Deputy City Planner, stated eucalyptus trees do not relocate and live. Mayor Stout stated it is not the whole windrow, but only part of it. Otto Kroutil, Deputy City Planner, stated that is correct. Mayor Stout stated he did not want people to get the idea that the whole windrow is going to be removed, but that according to the report it is 31 trees for about 200 feet. City Council Minutes August 15, 1990 Page 10 Otto Kroutil, Deputy City Planner, stated the windrow would be eliminated from the Etiwanda Plan in its entirety as far as the designation as it is now proposed; however, if the Council's direction is to save as many of the trees as possible, they would certainly do this. He also stated as it is proposed right now, when the windrow is removed, it will not be replaced immediately because there will be no development adjacent to the windrow. He stated if it ie Council's direction to replace these in conjunction with Tract 13812, then Engineering would have to provide a method for watering and maintenance in the interim period. The Council discussed how they wanted to break these actions up as far as approving the Ordinance. Councilmember Alexander asked why this had to be broken down tonight, rather than wait until the next meeting so it can be looked at as it will be. Councilmember Brown asked if Figure 5-13 included immediate replacement. Otto Kroutil, Deputy City Planner, stated replacement will not occur until development is proposed on the adjacent property. He stated Figure 5-13 will allow staff the authority to issue a tree replacement permit subject to certain conditions. He stated replacement is not tonight's action, that it would be an administrative decision based on their action tonight. He suggested the Mayor let the developer speak since he was present. Larry Lewis, architect of Watt Industries, stated when they started working on this they had no idea there was an alignment problem on Summit Avenue. He stated that unfortunately, to go ahead with the project, some of the trees would need to be removed. He stated they are almost complete with the grading and this decision is holding them up. Councilmember Alexander stated he did not feel two or three weeks would destroy any project, and that he felt this was a very important action the Council would be taking. Councilmember Wright asked if the trees are on the Watt proposed property, and do they need to be removed in order for him to develop. Otto Kroutil, Deputy City Planner, stated the trees are on the property adjacent to the Watt property, and that in order for him to meet the conditions of approval, he would need to remove the trees. Councilmember Wright asked if it was customary for the developer to replace the trees. Otto Kroutil, Deputy City Planner, stated it is customary to require full street improvements, whatever that might be, including windrow trees, directly adjacent to the property. He stated if it is the Council's desire to do this, that the Engineering Department look into this, where there could be water lines run, which could be conditioned, the trees installed and maintained. He felt the maintenance would be part of an assessment district. City Council Minutes August 15, 1990 Page 11 Councilmember Wright suggested the City can require the replacement as a condition of development, and also condition a temporary maintenance of the trees until development occurs. Otto Kroutil, Deputy City Planner, suggested that if the City wants to go with this option, that they make sure the replacement is done now rather than a few years from now, and that this information or idea could be brought back to the Council. Councilmember Brown asked if they could condition a developer to produce an in- lieu fee that he would have to pay to replace the windrow, possibly not now, but in the future when the land is developed. James Markman, City Attorney, felt this matter could be worked out. Rick Gomez, Community Development Director, stated it would be the next developer who would be putting the trees in. Councilmember Wright stated this is her point, that she did not want to wait for the next developer, but that the trees should be replaced now. She did not want to see any gap in the replacement, even if it meant for this developer to put them in and have some kind of temporary maintenance, whether it meant an in-lieu fee or another kind of program. Otto Kroutil, Deputy City Planner, stated staff can come back with an Ordinance which would only change Exhibit 5-13, do away with all the language, which would take away the Council's authority, and give them an option on how the replacement could be done at this point with a condition on the tree removal permit, including pros and cons of this. The Council concurred that a report could come back at the September 5 meeting with the information requested by them. James Markman, City Attorney, stated the Planning Commission may need to look at the changes to the Ordinance. Otto Kroutil, Deputy City Planner, stated he understood that. ORDINANCE NO. 424 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AFa~NDMENT 90-01, AMENDING FIGURE 5-13AND SECTIONS 5.31,304(a) AND 5.41,201 OF THE ETIWANDA SPECIFIC PLAN PERTAINING TO THE PRESERVATION OF EUCALYPTUS WINDROWS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Wright to continue the item to September 5, 1990. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , , City Council Minutes August 15, 1990 Page 12 (22) O. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE REGULATING PUBLIC ENTRY AND OCCUPANCY OF POSTED CITY PROPERTY Staff report presented by Duane Baker, Assistant to the City Manager. (0704-07 CODE ENFOR) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 425. ORDINANCE NO. 425 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGULATING PUBLIC ENTRYAND OCCUPANCY OF POSTED CITY PROPERTY MOTION: Moved by Wright, seconded by Brown to waive full reading and set second reading of Ordinance No. 425 for September 5, 1990. Motion carried unanimously, 4-0-1 (Buquet absent). H. CI~/MANAGER'S STAFF REPORTS H1. CONSIDERATION TO APPROVE BANNER APPLICATIONS AND RECOMMENDATION TO AMEND THE BANNER POLICY Staff report presented by Kathy Sorensen, Recreation Superintendent. (0807-02 SIGNS) (0102-02 POLICY) Councilmember Wright felt two more banner locations needed to be added and approved. The two locations she suggested were Vineyard/Carnelian and on Base Line, east of Haven, possibly at Milliken and Base Line. She felt this would better inform the community of what was going on. Councilmembers Brown and Alexander concurred. Jack Lam, City Manager, stated if the City Council needs to add two more locations, they will need to find budget money for this, and that it would take some time to get the materials for the additional two banners. Brad Bullet, City Planner, stated they could also look at something where the banner wouldn't stretch completely across the street. MOTION: Moved by Brown, seconded by Alexander to approve the policy as proposed. Motion carried unanimously, 4-0-1 (Bucluet absent). MOTION: Moved by Alexander, seconded by Brown to approve the banner applications as submitted. Motion carried unanimously, 4-0-1 (Bucluet absent). Councilmember Wright stated she would like the two banner locations to come back at a later date for approval. City Council Minutes August 15, 1990 Page 13 Mayor Stout stated he did not want to limit the additional locations to just two. , , , , , Mayor Stout called a recess at 8:50 p.m. The meeting was called back to order at 9:10 p.m. with all members of Council present (Buquet absent). , , , , , H2. CONSIDERATION OF CONTRIBUTING $1,000.00 TO THE INLAND EMPIRE DESIGN (23) INSTITUTE Staff report presented by Jack Lam, City Manager. (0401-04 PAY AUTH) The City Council asked Jack Lam, City Manager, for his opinion on this matter. Jack Lam, City Manager, suggested the City Council contribute for the first year, and then reassess this to see if they wanted to do it again for the second year and thereafter. He also stated the Council might consider not participating if the other agencies do not come up with their portion. MOTION: Moved by Alexander, seconded by Stout to contribute $1,000.00 to the Inland Empire Design Institute. Motion tied as follows: AYES: Alexander, Stout NOES: Brown, Wright ACTION: Mayor Stout suggested this come back at the September 5, 1990 meeting in order to break the tie vote. , , , , , H3. CONSIDERATION TO DESIGNATE A VOTING REPRESENTATIVE AND AN ALTERNATE TO BE PRESENT AT THE BUSINESS SESSION OF THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE ON OCTOBER 23, 1990 Staff report presented by Jack Lam, City Manager. (0702-03 ELECTION) Mayor Stout-stated he will not be attending the conference. Councilmember Brown stated she will be attending. Councilmember Wright stated she will only be attending on Saturday, October 20. ACTION: Council concurred that Councilmember Brown would be the voting delegate with Councilmember Alexander as the alternate. (24) , , , , , City Council Minutes August 15, 1990 Page 14 (25) H4. CONSIDERATION TO INTRODUCE AND SET DATE FOR PUBLIC HEARING ON RESIDENTIAL FIRE SPRINKLER ORDINANCE - City Council introduction of the ordinance by reading of title and setting date of September 5, 1990 for public hearing on an ordinance requiring automatic fire sprinklers in all residential buildings and certain related accessory buildings. Staff report presented by Jack Lam, City Manager. (0807-01 CODE BLDG) Mayor Stout stated he would like the analysis of the Public Safety Commission included with this. Debra J. Adams, City Clerk, read the title of Ordinance No. 426 for introduction. ORDINANCE NO. 426 (Introduction) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA 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 Stout, seconded by Alexander to set the public hearing for September 5, 1990. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , H5. STATUS REPORT ON THE FOOTHILL BOULEVARD AND ROCHESTER AVENUE TRAFFIC SIGNAL Staff report presented by Paul Rougeau, Traffic Engineer. (1162-02 TRAF SIGNL) Mayor Stout questioned the information presented as far as the accident numbers being below average, which was explained by Paul Rougeau, Traffic Engineer. Mayor Stout felt that at this intersection, it was very difficult to estimate the speed of approaching vehicles. He added he felt the City has done everything possible to let Caltrans know the importance of this signal installation. Paul Rougeau, Traffic Engineer, stated how difficult it is to get things through Caltrans. Councilmember Brown asked why Mr. Johnson got a signal approved by Caltrans in two weeks, and if the City had inquired how he was able to do this. Paul Rougeau, Traffic Engineer, stated they have asked this and that the question was avoided in his conversations with Caltrans. City Council Minutes August 15, 1990 Page 15 Councilmember Alexander asked James Markman, City Attorney, if there is something the City can do to hold Caltrans accountable for accidents, etc., at that intersection because they have not given the City approval for the signal installation. James Markman, City Attorney, stated yes they are accountable. Councilmember Alexander stated he has visited the intersection and concurred with Mayor Stout's previous comments on the dangerous situation. Mayor Stout requested that City staff outline everything they have done on this project and that he would personally communicate with a couple of senators and assemblymen to inform them of the problem the City is having with Caltrans. Councilmember Brown suggested it go to Bill Leonard and his father who sits on the Transportation Commission also. Paul Rougeau, Traffic Engineer, stated he would have the information ready for the Mayor in a couple days for him to forward to the legislators. ACTION: The Mayor to correspond with local legislators on this issue. I. COUNCIL BUSINESS I1. DISCUSSION OF BUS STOPS ON HAVEN AVENUE (Continued from August 1, 1990) Staff report presented by Paul Rougeau, Traffic Engineer, who stated he would be getting with Omnitrans on Monday to try and work this out and would let the City Council know how the meeting turned out at the next meeting. (1206-03 OMNITRANS) , , , , · I2. CONSIDERATION OF ALL ZONING CHANGES BEING APPROVED BY THE CITY COUNCIL (0203-09 DEV DIST) Councilmember Brown stated she has asked for this item to be on the agenda so that the Victoria Specific Plan zone changes could be coming through the City Council. She added she did not feel it could be done with Tetra Vista. Mayor Stout felt it could. Rick Gomez, Community Development Director, concurred. James Markman, City Attorney, stated he would work on this with Rick Gomez, Community Development Director. Brad Bullet, City Planner, stated it would have to go to the Planning Commission to delete the provisions for Terra Vista and Victoria plans. (27) (28) City Council Minutes August 15, 1990 Page 16 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Brown stated that Riverside County may be pulling out of the Inland Empire Division and stated that other San Bernardino Counties were not in favor of this. She felt this should come back at a future Council meeting for discussion. J2. Mayor Stout stated he would like an Ordinance or Resolution relating to the new Brown Act amendments. Councilmembers Brown and Wright suggested an Ordinance would be more forceful. James Markman, City Attorney, stated he would prepare this for the September 5, 1990 meeting. , , , , , K. COMMUNICATIONS FROM THE PUBLIC K1. Lewis Trout, 7861 Leucite, stated the Council has taken a very strong position on a number of issues related to the annexation of the area north of Etiwanda that is currently unincorporated. In connection with that, and that in September the County is going to start holding hearings on the proposed specific plans for that area, he wold like to make a few requests: 1) that the staff prepare either a report or a seminar on that specific issue prior to the first scheduled hearing on the 13th of September so that members of the community could be made aware of what the issues are, and would have an opportunity to go to that hearing armed with some of the background information that has been accumulated by the City over this period of time, and 2) that on a regular basis information be made available to the community with regard to the specific hearing dates and times so that they can have an opportunity to attend them and support the Council in its efforts to insure that the standards of life for the development up there are the same as the City standards, so that there is compatibility there, and so that any sensitive environmental or other issues be brought to the awareness of the general public so that they can also comment on those. He stated that former professor Dickey suggested that a hike be conducted up there, at least for the members of the Council, staff and candidates so that as these issues are discussed, they can be discussed from first hand knowledge from the on-site investigation. Mr. Trout stated he is attempting to schedule a hike on Labor Day, September 3, for the purpose of familiarizing people who want to go with the issues there, which will be led by representatives from Chaffey College. He extended an invitation to the Council, to the City staff, and the members of the Planning Commission and the Environmental Management Commission to consider making that a part of their plans for Labor Day weekend. Councilmember Wright asked if he was specifically talking about the bog area. City Council Minutes August 15, 1990 Page 17 Lewis Trout stated the bog area and the Day Creek riparian habitat. Councilmen~er Brown stated that in addition to what Mr. Trout has said, and she felt it was a good idea since she noticed this issue is coming to LAFCO on an agenda rather quickly, that when the LAFCO hearings come up that the City also notify the residents in the City that have something to say as Mr. Trout does. Councilmember Wright stated she felt the real point is that the bog is sort of a hidden issue in this whole sphere idea and the public needs to know now about the endangering of the bog instead of after the County has already done something and made agreements with the developer about it. She felt Mr. Trout's point was very timely, and hoped that the whole issue of the bog comes to light now because it could be in jeopardy if the City does not pay some attention and get some public pressure in doing something about preserving it now. Lewis Trout stated Professor Dickey raises a broader issue and that is the presence of the Cucamonga fault and a 20 foot fault scarp from an earthquake within historic time. The potential development of that fault area means that any residents with dwellings on top of the fault face significant dangers in the event of any movement comparable to the 1787 earthquake that created the scarp that is up there now, and felt this was also another issue that should be looked. He stated he is the one that suggested that rather than making the bog a golf course, that the Alquist Preolo Zone should be considered to be made a golf course so that we don't put residents at peril because of earthquakes on that fault. He felt all those types of issues needed to be looked at. He stated he was not suggesting that post cards be sent out to the 150,000 residents of Rancho Cucamonga and surrounding communities, but perhaps a notice on the City Council bulletin listing upcoming events that citizens might want to pay attention to so that people who come in will see it when they pick one up, or a flier distributed at Council meetings could be done economically and still give the community the notice that they need. Councilmember Wright asked Mr. Trout if he could give them further information about the hike so she could meet him there. Councilmember Brown stated she would not be able to go that day because she will be on vacation; however, she would like to schedule another time when she could go up and look at it. Lewis Trout stated that one of the members of the Environmental Management Commission has the same problem, and that there is a possibility that the following Sunday afternoon might be an option to go look at it. Councilmember Brown stated she would be available to go then. Brad Buller, City Planner, stated recently the County processed through what is called its Development Review Committee a project called University Crest Project, which is asking for a density bonus of about 119 units. He stated the City stood in a position opposing quite a few aspects of the plans that were being processed by Joe DiIorio and the Caryn Company and the University. He City Council Minutes August 15, 1990 Page 18 stated there was a comment made at that meeting that the comments the City generated in its staff report on the project were those of staff, not of the Planning Commission or Council, and the City is taking the opportunity at next week's Planning Commission meeting to bring to them the comments that staff took to the County and then at the following Council meeting bring the same issue to the Council. He stated this does not deal with the issue of the bog, but is primarily the area adjacent to the quarry site that runs along the eastern edge of what is known as the 4th Street Rock Crusher project boundary, and runs between there and the Edison corridor. Mayor Stout stated this Council passed a policy some time back, and assumed the staff is adhering to that policy with respect to the City Council's stance on that area up there. Brad Buller, City Planner, stated that was correct. Mayor Stout asked if the City Attorney had been thoroughly briefed on issues that were discussed at that time. Brad Buller, City Planner, stated whenever a report has gone out they have been in contact with the Attorney's office. Mayor Stout felt if it becomes necessary, the City be prepared to take action on that because he felt the developers were trying to take action on this as quickly as possible. He stated that area is not ready yet and that the specific plan is not ready yet. He felt they were trying to jump the gun on these projects in order to get them through, knowing that they will be inconsistent with the City's specific plan. Brad Buller, City Planner, stated he felt staff would be able to demonstrate to the Council the precarious position that the County would find themselves in should they proceed with the adoption of the plan, and felt they would be digging themselves a hole, ae well as giving the City of Rancho Cucamonga something they do not care to have. Mayor Stout stated he knew the City was not happy with the traffic circulation consequences of that. He felt there were a lot of environmental issues and that the bog was Just one issue. He stated when you add 6,000 acres of development to an area that was previously undeveloped totally, it is going to have major impact to not only that area and the environment surrounding it, but also on this City, which is one of his major concerns. He felt the City should be ready. - Councilmember Wright asked if it was possible to have a report focussing on the natural environmental issues with regards to the riparian habitat and the bog area. She felt there were some experts available in this surrounding area that could update the Council on exactly what they are talking about in relation to those environmentally sensitive areas, and felt this might be good timing to get a report now so that if there is an issue, this would give the public an opportunity to have attention focused on it before the County actually does something to it. City Council Minutes August 15, 1990 Page 19 Brad Buller, City Planner, stated staff is proceeding ahead now with the development of its own specific plan of the area as well as the environmental impact report that goes along with it that will address those environmental issues Councilmember Wright is addressing. Councilmember Wright asked how soon Council would have that back. Brad Bullet, City Planner, stated it should be back in a couple of months to submit to the Council. He felt the first draft would be ready in September. Councilmember Wright asked if it would be jumping the gun to get a report on just those two things from maybe some experts in the area. Mayor Stout stated those reports have already been prepared. Brad Bullet, City Planner, stated there has been an environmental report on the bog for the first EIR. Councilmember Wright stated she wanted some public focus on it, for the public to have the opportunity to review it just before the County hearing and the City to make some comments so that the County cannot say they were not aware of the Council's concerns. Mayor Stout agreed that the City should have some sort of position on this, but felt it was a smoke screen. He stated this City staff is well aware of what the Council's policy has been on that area and it has been talked about for almost two years now. Councilmember Wright felt there should be some public awareness and concern voiced. She stated it is getting down to the wire and the County is going to do something fast. Mayor Stout stated he agreed with her that it should be done for that reason, not because a certain individual up there claims the City staff does not know what they are talking about. He stated he did not want anyone to get the idea that the Council does not have faith in the position they have taken, because the staff knows exactly what the Council wants and has been doing it for two years. Brad Buller, City Planner, stated environmentally they will present this to the Council at their first meeting in September. Councilmember Wright stated she knows Marlin Dickey is an expert in the area, and knows there are other experts from the university and from the college locally, and knows there are geologists and other people that are available to the City that can explain to the City exactly what the bog is, and would like this to be public, and not just in a report. She would like to know what the bog is, what is going to be destroyed, what development of a certain nature will do to that environment. She stated she knew this would be addressed later when they have the environmental hearing, but felt those hearings should not be heard in isolation. City Council Minutes August 15, 1990 Page 20 Mayor Stout stated University Crest is the project that is done in conjunction with the University of California and that the City has talked to their representatives before, and it was his impression that they were somewhat more sensitive to the City's concerns than the proponent who is pushing that project through. Brad Buller, City Planner, stated staff left the meeting thinking that same thing. Mayor Stout asked why the- City couldn't intervene with the trustees of the University of California, and have them explain to the City exactly what its position is directly. Brad Buller, City Planner, stated they were sent the City's comments. Mayor Stout stated comments were one thing, but they didn't have a document from this City Council stating they feel there is a real problem up there and asking them not to proceed with this until these issues are addressed. Councilmember Wright suggested it might be better for the Mayor to write the letter. Mayor Stout stated the way it was explained to him was that the individual that is representing them is a real estate type of individual and his purpose was to generate revenue for the University of California, not to specifically address environmental issues and so forth. He felt the trustees of that organization are a lot more sensitive to those issues. He felt the City needed to communicate directly with them that the issues were more important than simply selling a piece of ground and making money for their trust. Lewis Trout stated that Professor Dickey has said in the 1976-77 period, the University of California at Riverside (UCR) prepared a comprehensive evaluation of the bog and Day Creek habitat, and at that time recommended a park status for that particular area and proposed some sort of exchange to allow it to be preserved, fenced and protected from any kind of future development and trespass. He felt possibly the report could be found in the City's records, and on this report there would be the names of a number of people from the scientific community at UCR who would be the authors of it who would be the logical people to appear to present the case. Lewis Trout stated with regard to what Mrs. Wright stated about the local experts, Professor Dickey also said that the people involved in the fight with Lewis Homes in the 1977-78 period were Dr. Herbet from Cal Poly, the two Delorea brothers from the Life Sciences Department at Chaffey College, Professor Bixler from the Life Sciences Department at Chaffey, himself and Rodney Parcel from the Geology Department, and felt they were specific individuals that would be valuable resources of information from what went on then with Lewis Homes. City Council Minutes August 15, 1990 Page 21 Councilmember Brown stated she was recently talking to Jim Roddy and assumed since the City now has an application in to LAFCO, that he was getting all the information the Council was discussing, resolutions, etc. and where this Council was coming from regarding this annexation. He stated he has received nothing. She stated he was unaware the Council had passed a Resolution and taken a stand on that sphere of influence regarding what the Council would and would not do as far as annexation. She stated he has asked her to forward the resolutions that the Council has passed and all minutes or comments the Council has deliberated on to the LAFCO board so they can make that part of their record and part of their research. Mayor Stout stated he would also like the staff reports sent. Jack Lam, City Manager, stated Mr. Roddy has a meeting set up with him and the Planning staff for next week. Councilmember Brown asked that this information be gathered and given to them so they know where the City Council is coming from. Lewis Trout stated Mr. Buller had mentioned the Caryn Development Company as one of the principles in the pending proposal. He stated Caryn, according to federal regulators, has been in violation of a number of permits up there, specifically one from 1987 having to do with a dedication of acreage for habitat, unauthorized construction of berms, and that type of thing. He stated if Caryn is up there, their record is extremely irresponsible in terms of compliance with federal regulations and the City's desires in this matter. He agreed with Mayor Stout's comments as far as possible litigation or injunctions considering his position as a member of the Sierra Club. He commended the Council for their support. Mayor Stout asked him what organization has found them in noncompliance? Lewis Trout stated the U.S. Army Corp of Engineers. He stated the specific file number that they are in violation of is 87-242-LS, and the contact person is Mark Durham from the Regulatory Branch of the Army Corp of Engineers in Los Angeles at (213) 894-5606. He stated he has a meeting with him on Thursday at 5:00 p.m. to be briefed on the entire mess and the current status of the action. He stated Mr. Durham stated he would be willing to come and discuss this problem with the Council if they would like him to. , , , , , , L. ADJOURNMENT MOTION: Moved by Brown, seconded by Alexander to adjourn to Executive Session to discuss personnel matters. Executive Session to adjourn to a joint meeting City Council Minutes August 15, 1990 Page 22 with the Environmental Management Commission on August 22, 1990, 7:00 p.m. in the Haven Avenue Conference Room. Motion carried unanimously 4-0-1 (Buquet absent). The meeting adjourned at 9:56 p.m. City Clerk Approved: September 19, 1990