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HomeMy WebLinkAbout1990/04/04 - Minutes April 4, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Minutes A. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, April 4, 1990, at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:26 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; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Russ Maguire, City Engineer; Chuck Wachter, Sr. Public Works Inspector; Monte Prescher, Public Works Engineer; Cathy Becker, Public Works Inspector; Otto Kroutil, Deputy City Planner; Larry Henderson, Principal Planner; Nancy Fong, Sr. Planner; Brett Horner, Associate Planner; Jeff Gravel, Assistant Planner; Jerry Grant, Building Official; Jim Martin, Plan Check Coordinator; Joe Schultz, Community Services Manager; Ingrid Blair, GIS Supervisor; Jim Hart, Administrative Services Director; Susan Neely, Finance Manager; James Frost, City Treasurer; Duane Baker, Sr. Administrative Assistant; Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Bruce Zeiner, Rancho Cucamonga Sheriff's Station; and Debra J. Adams, City Clerk. , , , , · B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Declaring April 1990 as Census Month in RanchoCucamonga. Mayor Stout made the presentation to Nacho Gracia, Grace Jones and Maria Pagan. B2. Presentation of Proclamation Designating April as Recycling Month in Conjunction with Celebration of Earth Day 1990. Mayor Stout made the presentation to Grace Jones. City Council Minutes April 4, 1990 Page 2 B3. Presentation of Proclamation Declaring April 1990 as Earthquake Preparedness Month. Mayor Stout read the proclamation. B4. Mayor Stout presented a proclamation to Jerry Grant, Building Official, for being recognized as Building Official of the Year by the California Building Officials. B5. Jack Lam, City Manager, stated that Mayor Stout has been selected Mayor of the Year by WE TIP and will be presented with the award at their annual conference. B6. Councilmember Brown suggested staff attend an informational course to be held at the Clarion Hotel on May 31, 1990 dealing with entering unsafe buildings after an emergency. B7. Councilmember Brown reported that Caltrans has advised the lawsuit from 1985 involving an employees union, that the employees won, and informed that this could have affects on the City doing business with Caltrans. She suggested staff obtain a copy of the lawsuit from Wes McDaniel to look at this more closely. C. COMMUNICATIONS FROM THE PUBLIC C1. Request by Steve Martino, a potential resident of the Woodridge Estates, to discuss with the City Council the release of utilities for 15 homes in Tract 13644; discuss Building Division's inspections of Tract 13644; and discuss Engineering Division's review and acceptance of public improvements on Hermosa Avenue. Steve Martino, 10161 Woodridge, stated to Council what his request was which he had submitted in writing to the City Clerk's Office. He also distributed additional information to the City Council. He pointed out to Council the items on the list still left to be completed as required by Engineering. He felt different standards were being used for different projects, and felt that if it wasn't Nordic that was inquestion, that the people would be allowed to move in. He referred to the transcript of the August 16, 1989 City Council meeting, and various meetings he has had with staff and representatives from Nordic. He felt Nordic did not have the money to do further work because the City would not release utilities which was holding up escrows from closing. Mayor Stout asked Mr. Martino if he had final inspection on his house. Mr. Martino stated no. City Council Minutes April 4, 1990 Page 3 Mayor Stout suggested that if the street was capped, which he felt could be done this week, and if the west side drainage is corrected, he stated he would not mind releasing fifteen houses, and to re-evaluate the community trail situation if Nordic does not finish it. He felt this would protect the City also. He stated he would ask Rick Gomez, Community Development Director, to work on which fifteen houses should be released. Councilmember Buquet felt the City Council should be very cautious with this idea. The Council questioned the legality of them taking any action at this meeting. James Markman, City Attorney, stated the Council could add an action to the agenda by four-fifths vote and then act on it. The Council discussed the policy and procedures for releasing homes within this tract and expressed their concern for leverage with Nordic. James Markman, City Attorney, stated that if these homes were released as suggested by Mayor Stout, it does not eliminate what Engineering has stated in the record with regards to completing the trails and the hazard it could create. Jerry Grant, Building Official, suggested that the fifteen houses to be released be completed before this is done and utilities are turned on. He also brought up an emergency access road that has not been completed yet. Mike Robles stated he felt the City Council was misusing the information they have been receiving. He also stated he felt their stretch of Hermosa was not dangerous, but was, in fact, one of the best parts on that street. He added all he wanted was to be able to move into his house1894X. Councilmember Alexander stated he did not want the prospective homeowners to be punished, but did not want them to come back at a later date and say they were sorry that they ever moved in. He added he felt the City was at a point where they could start releasing homes. Mrs. Huggins of Woods I stated she has had meetings with Mr. Stranger who has made promises and not kept them. She added she has received a copy of Mr. Sullivan's report. She stated she felt the people before the Council tonight should be allowed to move into their homes, but felt they would have the smne problems she is having once they did move in. She asked for a solution now that the report has been made by Mr. Sullivan. She commended Jerry Grant, Building Official, for his award and for his efforts in helping them. Tom Kohl, Executive Director of the BIA, stated they want to help with the Nordic situation, and have had meetings with staff about this. He added they would do what the City Council would like them to do. City Council Minutes April 4, 1990 Page 4 (2) (3) MOTION: Moved by Stout, seconded by Alexander to declare an emergency addition to the agenda for the purpose of considering a modification to the resolution with respect to the subject tract. Motion carried unanimously, 5-0. MOTION: Moved by Stout, seconded by Alexander that if Nordic cap paves the last eight feet width of asphalt, and corrects the west side drainage issue, and the houses are in an acceptable condition like any other tract with respect to acceptance, that they release up to fifteen of these houses, the order to be determined, leaving twelve houses to be held, which could be considered depending on their progress on the equestrian trail. Motion carried unanimously, 5-0. , , , , , Mayor Stout called a recess at 8:56 p.m. The meeting was called back to order at 9:05 p.m. with all members of Council present. , , , , , D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 3/21/90 and 3/21/90; and Payroll ending 3/14/90 for the total amount of $2,764,465.44. D2. Alcoholic Beverage Application for Off Sale Beer & Wine, T & N Market & Deli, Nghia Thi and Tang Van Do, 9319 Foothill Boulevard, #1A. D3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for unnamed restaurant type business, Dan and Vanessa Ashton, 8671 Base Line Avenue. D4. Approval to authorize the Advertising of the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Assessment District No. 6 to be funded by Account Nos. 45-4130-6027 and 45-4120- 6028. (0601-01 BID) RESOLUTION NO. 90-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of Article 8 Claim Transportation Funds for Fiscal Year 1989/90. (0400-00 FINANCE) (1206-06 TRANSPORT) D6. Approval for the expenditure of $175.00 for an advertisement in the We- Tip Annual Conference program, to be funded from Account No. 01-4122-6028. (0507-03 CONFERENCE) (0401-21 FUND APPRO) City Council Minutes April 4, 1990 Page 5 D7. Approval to authorize destruction of City records which are no longer required under Government Code Section 34090. (0304-00 REC MGMT) RESOLUTION NO. 90-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICHARENO LONGERREQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 D8. Approval to adopt a resolution in support of state legislation to protect the ability of local government to adopt building standards which are more stringent than those adopted by the state fire marshal and state housing law. (0807-01 CODE BLDG) RESOLUTION NO. 90-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO SUPPORT SB 1830 (GREEN) AND AB 2666 (HANSEN) URGENCY LEGISLATION THAT WOULD ASSURE THE ABILITY OF CITIES, COUNTIES AND FIRE DISTRICTS TO ADOPT BUILDING STANDARDS WHICH ARE MORE STRINGENT THAN THOSE ADOPTED BY THE STATE FIRE MARSHAL AND STATE HOUSING LAW D9. Approval to designate the Stegmeier House, located at 7050 Etiwanda Avenue, Rancho Cucamonga, as an Historic Landmark (LD 90-01), APN 227-101-13. (1402-06 HISTORY) RESOLUTION NO. 90-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK 90-01 THEREBY DESIGNATING THE STEGMEIER HOUSE AND BARN, LOCATED AT 7050 ETIWANDA AVENUE, RANCHO CUCAMONGA, AS AN HISTORIC LANDMARK (4) (s) (6) D10. Approval of Parcel Map 13108, located south of 24th Street at Wardman (7) Bullock Road, submitted by Caryn Company (APN 226-111-02). (1002-09 MAP) RESOLUTION NO. 90-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 13108 Dll. Approval to annex Tract 13886 and Parcel Map 11394, located at the northwest corner of Base Line Road and Etiwanda Avenue, to Landscape Maintenance District No. 2, submitted by The Barmakian Company. (0702-02 ANNEXATION) (0401- 03 LONSCAPE MD) (8) City Council Minutes April 4, 1990 Page 6 (9) (ii) (i2) (i3) RESOLUTION NO. 90-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR TRACT 13886 AND PARCEL MAP 11394 D12. Approval of the Environmental Initial Study Parts I and II for the Carnelian Street Storm Drain, Street Rehabilitation and Widening from San Bernardino Road to north of Roberds Street. (1403-06 EIS) RESOLUTION NO. 90-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE CARNELIAN STREET STORM DRAIN AND STREET IMPROVEMENTS FROM SAN BERNARDINO ROAD TO NORTH OF ROBERDS STREET D13. Approval to award and authorization for execution of contract (CO 90-050) for Rochester Avenue Parkway Improvement Project, located 142 feet south of Chervil Street, to Bopark Enterprises for the amount of $331,114.00 ($315,346.50 plus 5% contingency), to be funded with Beautification Funds Account No. 21- 4647-8935 (FY 89/90 and FY 90/91). (0411-01 AWARD) (0602-01 CONTRACT) D14. Approval to award and authorization for execution of contract (CO 90-003) for Milliken Avenue Median and Gateway Improvement Project located from Fourth and Sixth Streets to Valley Crest Landscape for the amount of $434,590.00 ($413,895.18 plus 5% contingency), to be funded with Beautification Funds Account Nos. 21-4647-8814 and 21-4647-8719 (FY 89/90 and FY 90/91). (0511-01 AWARD) (0602-01 CONTRACT) D15. Approval to award and authorization for execution of contract (CO 90-051) for Amethyst Street Widening, Area II, Storm Drain, Phase I, Improvement Project located east of Amethyst Avenue, north of 19th Street to Highland Avenue to Kershaw Construction for the amount of $267,611.00 ($243,283.75 plus 10% contingency), to be funded from Drainage Fund Account No. 23-4637-8865 and TDA Article 8 Fund No. 12-4637-8905 (FY 89/90). (0511-01 AWARD (0602-01 CONTRACT) D16. Approval to award and execute a Professional Services Agreement (CO 90- 052) between the City of Rancho Cucamonga and Centennial Civil Engineers for the preparation of a Project Report for Foothill Boulevard Implementation Program, Phase I, from Grove Avenue to Lion Street, excluding the Southern Pacific Railroad Underpass. The not-to-exceed fee of $204,126.00 plus 10% contingency will be funded from Redevelopment Agency Funds, Account No. 13-50300. (0511-01 AWARD) (0602-01 CONTRACT) City Council Minutes April 4, 1990 Page 7 D17. Approval to execute the Construction and Maintenance Agreement (CO 90-053) between the City of Rancho Cucamonga and the Atchison, Topeka and Santa Fe Railway Company (A.T. & S.F. Co.) for the proposed Milliken Avenue Grade Separation at the A.T. & S.F. Railway Crossing designated PUC No. 2-95.6B north of Sixth Street. (0602-01 CONTRACT) RESOLUTION NO. 90-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND EXECUTING THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCANONGAAND THE ATCHISON, TOPEKAAND SANTA FERAILWAY COMPANY FOR THE PROPOSED MILLIREN AVENUE GRADE SEPARATION AT THE A.T. & S.F. RAILWAY CROSSING DESIGNATED PUC NO. 2-95.6B NORTH OF SIXTH STREET D18. Approval of the Mills Act Agreement 90-01 (CO 90-054), Rod Wright - A proposal to implement the use of the Mills Act to reduce property tax on the property located at 7050 Etiwanda Avenue, APN 227-101-13. (0401-00 REV & TAX) (0602-01 CONTRACT) RESOLUTION NO. 90-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT (ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR THE PROPERTY LOCATED AT 7050 ETIWANDA AVENUE D19. Approval to award and execute a Professional Services Agreement (CO 90- 055) between the City of Rancho Cucamonga and Jay Kim Engineers, Incorporated, to prepare design plans, specifications and estimates for Area IV Archibald Storm Drain, Phase 1A and 1B for a fee not to exceed $96,749.00 plus 10% contingency to be funded from Drainage Fund, Account No. 23-4637-8947 (1A), and 23-4637-8948 (1B). (0511-01 AWARD) (0602-01 CONTRACT) D20. Approval to execute Contract Change Order No. 1 (CO 87-164) with BSI Consultants, Incorporated, to provide additional engineering services for Etiwanda/San Sevaine Area Master Plan of Drainage. The Change Order is for the total amount of $18,748.86 to bring the contract total to $103,748.86 to be paid from the Etiwanda Drainage Fund, Account No. 19-4637-8766. (0602-01 CONT AMEN) D21. Approval of Summary Vacation of a portion of Liberty Street, Map, execution of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13898, located at the northwest corner of Lemon and London Avenues submitted by Bernie Mizrahi and Joseph Say. (1110-18 VACATE ACC) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) City Council Minutes April 4, 1990 Page 8 (18) (2o) (22) RESOLUTION NO. 90-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AGREEMENT FOR ENCROACHMENT INTO CITY EASEMENT OR RIGHT-OF-WAY, AND FINAL MAP OF TRACT NO. 13898 RESOLUTION NO. 90-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF LIBERTY STREET RESOLUTION NO. 90-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13898 D22. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for Tract 11428, located easterly of Center Avenue between Church Street and Foothill Boulevard submitted by QBM Companies. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 11428 RESOLUTION NO. 90-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR TRACT 11428 D23. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for CUP 88-38, located on the west side of Haven Avenue between Hillside Road and Carrari Street submitted by Hillside Community Church. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT NO. 88-38 City Council Minutes April 4, 1990 Page 9 RESOLUTION NO. 90-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1AND 6 FOR CONDITIONAL USE PERMIT 88-38 D24. Approval of a Supplement to a previously approved Improvement Agreement of Tract No. 13851, located north of Wilson Avenue, west of Deer Creek Channel, for Systems Fee Credit and Reimbursements for the Wilson Avenue Crossing Structure of Deer Creek Channel, submitted by Pacific International Development, Incorporated. (0602-01 AGREE IMPR) RESOLUTION NO. 90-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SUPPLEMENT FOR THE PREVIOUSLY APPROVED IMPROVEMENT AGREEMENT OF TRACT NO. 13851 D25. Approval to execute Improvement Agreement Extension for Tract 13270 located on the northwest corner of Church Street and Milliken Avenue, submitted by Western Properties. (0602-01 AGREE EXTN) RESOLUTION NO. 90-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13270 D26. Approval to execute Improvement Agreement Extension for Tract 13271 located on the northwest corner of Terra Vista Parkway and Milliken Avenue, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13271 D27. Approval to execute Improvement Agreement Extension for Tract 13273 located on the southeast corner of Milliken Avenue and Mountain View Drive, submitted by Western Properties. (0602-01 AGREE EXTN) RESOLUTION NO. 90-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13273 (23) (24) (25) (26) (27) City Council Minutes April 4, 1990 Page 10 (28) (29) (3o) (32) D28. Approval to execute Improvement Agreement Extension for Tract 13280 Landscape, located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue, submitted by William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13280 D29. Approval to execute Improvement Agreement Extension for Tract 13281 Landscape located on the northwest corner of Base Line Road and Rochester Avenue, submitted by William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281 D30. Approval to execute Improvement Agreement Extension for Tract 13444 located on the south side of Fairmont Way between Milliken Avenue and Kenyon Way, submitted by William Lyon Company. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER BUQUET. (0602-01 AGREE EXTN) RESOLUTION NO. 90-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13444 D31. Approval to execute Improvement Agreement Extension for Tract 13753 Landscape located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue, submitted by William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13753 LANDSCAPE D32. 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. 90-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10295 City Council Minutes April 4, 1990 Page 11 D33. Approval to execute Improvement Agreement Extension for Parcel Map 11030 located on the northeast corner of Foothill Boulevard and Haven Avenue, submitted by Lewis Development Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11030 D34. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 12870 Storm Drain, located on the north side of Highland Avenue between East Avenue and Etiwanda Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $774,000.00 Accept: Maintenance Guarantee Bond (Street) RESOLUTION NO. 90-158 $ 77,400.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12870 STORM DRAINAND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D35. Approval to accept Improvements, release of Maintenance Guarantee Bond for Tract 13059 located on the west side of Fairmont Avenue between Highland Avenue and Base Line Road. (0602-01 BOND REL) (33) (34) (3s) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ALTA LOMA STORM DRAIN (A.D. 84-2), CONTRACT NO. 89-025, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Maintenance Guarantee Bond (Street) $ 50,000.00 D36. Approval to accept Improvements, release of Maintenance Guarantee Bond for (36) Tract 13192 located on the north side of Tetra Vista Parkway, east of Spruce Avenue. (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $ 15,800.00 D37. Approval to accept Improvements for the Alta Loma Storm Drain (A.D. 84- (37) 2), Contract No. 89-025, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-159 City Council Minutes April 4, 1990 Page 12 (38) MOTION: Moved by Wright, seconded by Brown to approve the balance of the consent calendar with the exception of item D30. Motion carried unanimously, 5-0 DISCUSSION OF ITEM D30. Approval to execute Improvement Agreement Extension for Tract 13444 located on the south side of Fairmont Way between Milliken Avenue and Kenyon Way, submitted by William Lyon Company. Councilmember Buquet stated he had this removed for discussion because he thought this was a tract that had been granted a previous extension and wanted clarification on that, because at the time it was a potential for property ownership transfer and they needed additional time, and if this was the same tract he hoped it had been clearly communicated to the development interest that we don't want to continue granting extensions. Russ Maguire, City Engineer, stated he did not feel this is the one discussed at length, but if the Council wished, it could be pulled off and researched. Councilmember Buquet stated he did not want to do this, but felt the Council had given a previous extension to this tract, and that they were assured this would be handled before it would be necessary to grant any further extensions. RESOLUTION NO. 90-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13444 MOTION: Moved by Buquet, seconded by Brown to approve Resolution No. 90-154. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No Items Submitted. , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 90-01 - CITY OF RANCHO CUCAMONGA - A request to amend the Foothill Boulevard Specific Plan by adding pharmacy use in the Specialty Commercial District of Subareas 1, 2, and 3; clarifying the intent of wordings in several areas of the Specific Plan text for consistency purposes; clarifying the Development District and standards for the area at the end of San Bernardino Road in Subarea 2; and modifying the plant palette for the Foothill Boulevard landscaped median island. (CONTINUE TO APRIL 18, 1990) (0203-05) FOOTHIL SP) City Council Minutes April 4, 1990 Page 13 Jack Lam, City Manager, stated a continuance is being requested until April 18, 1990 due to further legal advertising requirements. MOTION: Moved by Buquet, seconded by Alexander to continue the item to April 18, 1990. Motion carried unanimously, 5-0. F2. CONSIDERATION OF AMENDMENT TO ENTERTAINMENT PERMIT ORDINANCE NO. 290 - CITY OF RANCHO CUCAMONGA - An amendment to Chapter 5.12 of the Municipal Code modifying regulations for entertainment permits. Staff report presented by Nancy Fong, Sr. Planner. (0203-05 ENTER PERM) 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. 290-A. ORDINANCE NO. 290-A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENDING TITLE 5, CHAPTER 5.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO MODIFY REGULATIONS CONCERNING ENTERTAINMENT PERMITS MOTION: Moved by Buquet, seconded by Wright to waive full reading and set second reading of Ordinance No. 290-A for the April 18, 1990 meeting. Motion carried unanimously, 5-0 (39) PUBLIC HEARINGS It should be noted that Rick Gomez, Community Development Director, left the room for the discussion of Item G1. G1. CONSIDERATION OF MEDIAN OPENINGS AND LANDSCAPING WITHIN MEDIANS IN THE TERHAVISTA PLANNED COMMUNITY - An appeal of the Planning Commission's decision to deny a median opening on Church Street between West Elm Avenue and Spruce Avenue; (Continued from March 21, 1990) (1110-05 MED/PKWY) (0701-06 APPEAL) Jack Lam, City Manager, stated there is a letter from a resident, Marnie B. Petrovick, to be included in the record, which will be kept on file in the City Clerk's Office. Mayor Stout asked that a copy be made for the City Council and be made part of the record for this item, and that he would share it with the Council tonight. Staff report presented by Brett Horner, Associate Planner. (40) City Council Minutes April 4, 1990 Page 14 Mayor Stout stated that according to the diagram on the wall, it has the orange dots that say those median breaks are to be deleted, and asked what that meant. Brett Horner, Associate Planner, stated that at the March 14 Planning Commission meeting, when the Planning Commission adopted the policy for the minimum median lengths, they also directed staff to correct some of the existing medians that do not meet the policy on Terra Vista Parkway and Church Street. Mayor Stout asked who would be responsible for paying to remove the medians and having them re-landscaped. Russ Maguire, City Engineer, stated that it would depend on the particular area and the development status of that area. Councilmember Brown asked how much the people will be paying for the renovation of the medians that do not meet the policy. Russ Maguire, City Engineer, stated he did not know the answer to this at the moment. Councilmember Buquet expressed concern for making someone go back and filling in the medians retroactively. Mayor Stout opened the meeting for public hearing. Addressing the Council were: Don Thompson, Lewis Homes, referred to a letter dated March 13, 1989, signed by Bill Silva, at that time the Deputy City Engineer, regarding the Church Street medians master plan which was approved prior to them starting the medians in Church Street, and stated because of this statement made in the letter, that is why they are appealing the Planning Commission's decision. He also referred to a meeting between Lewis Homes and City staff whereby they would be allowed one mid-block median break on Church and Terra Vista Parkway. He also referred to page 186 of the agenda which described Commercial/Mixed Use Access, which he felt was an important part of the Terra Vista Plan. He also expressed his concern about delays in the project because of this situation. Fred Aguire, expressed his opposition to the Planning Commission's decision. He later referred to a memo dated January 18 from Brad Bullet, City Planner, to Shintu Bose, Deputy City Engineer, regarding proposed denial of the median break as it relates to safety, and pointed this out to the City Council. Tom Dellaquill, Lewis Homes, stated he was the landscape architect for Lewis Homes, and explained he did not feel the deletion of some of the trees would ruin the aesthetics of the landscaping. There being no further response, the public hearing was closed. City Council Minutes April 4, 1990 Page 15 Mayor Stout stated that now with the master planned communities, the idea was to get these kinds of problems ironed out in the beginning and then design the project around it. He felt that now, for some reason, this is back, 50% through the process, and it was being decided that it was now not a good idea to do it that way anymore. He felt it was a good idea to change something if it related to public safety matters or something like that, but did not see that issue here. He stated it makes him think that the Planning Commission wasn't careful enough when they designed the project. He felt this hurts the creditability of the people who approved the project in the beginning, but added he would not approve this now as it was submitted then. Councilmember Buquet stated he felt when this project came before the Council it was their intent to take the traffic that normally ends up on the main streets, to bring it in as soon as you could to deal with all the traffic impacts and internalize the whole process. He stated he felt it bothered Tetra Vista and Victoria when there is a tendency to bring things back to the Council on the planned communities, which was well intended, but the Council should keep in mind there was a very large picture that was planned and for them not to sub-optimize too much. Councilmember Brown referred to the policy before them and the staff report dated February 14, page 3, where it was stated to the Planning Commission that they have three alternatives. She stated her preference was number 2, which states to continue to review proposed median openings on a project-by-project basis through the technical and design review committee process. Councilmember Alexander stated he felt the public safety issue previously brought up is important as they relate to median breaks. Councilmember Wright stated she did not think a maintenance district fee should be tagged on to some of these people. She felt maybe the Council should be looking at the Planning Commission's whole policy, not just one aspect of it. Mayor Stout pointed out the issues were: 1) Terra Vista median opening, 2) this specific appeal and policy affect as it relates to retrofitring, and 3) if the Council wants to become involved in the policy itself. He stated he did not feel the Council was competent to discuss the policy issue at tonight's meeting, and asked that it come back at a later time if the Council wants to look at it. He added he did not feel that strongly about it. MOTION: Moved by Wright, seconded by Buquet to uphold the appeal. carried unanimously, 5-0. Motion Mayor Stout pointed out that with the action the Council has taken, staff can take it as direction that they were not interested in closing the medians at this time. Russ Maguire, City Engineer, stated that based on the Council's action they would go back and amend the map to bring back to the next Council meeting to get their approval. City Council Minutes April 4, 1990 Page 16 (42) Mayor Stout felt the Planning Commission should be made aware of how the City Council feels about the median break issue. Russ Maguire, City Engineer, stated he understood the direction to be to set aside this plan and let it be project-by-project. Councilmembers Wright and Buquet felt if the policy issue became a problem, the Council could get involved at that time. Councilmember Wright stated she still felt the Council could end up being the appeal board on median breaks. Mayor Stout stated the Council is a very strong supporter of the Planning Commission and the job they are doing, but stated if he were sitting on the Planning Commission at this time, he would disagree with what the policy said. He did not want them to get the wrong idea what the Council felt about the policy. H. CITY MANAGER'S STAFF REPORTS H1. STATUS REPORT ON THE TRAFFIC SIGNAL AT FOOTHILL AND ROCHESTER (1162-02 TRAF SIGNL) RuSs Maguire, City Engineer, stated this is a permit project so that Caltrans' recent action should not affect this, and that it is on schedule. Mayor Stout asked if the staff could write a Resolution for the next agenda expressing to Caltrans how important this signal was to the City. Russ Maguire, City Engineer, stated staff could do this. Jack Lam, City Manager, stated they would have this back for the April 18 agenda. H2. REPORT ON FLOOD INSURANCE Manager. (0401-15 INSURANCE) Staff report presented by Jack Lam, City ACTION: Report received and filed. No Items Submitted. COUNCIL BUSINESS City Council Minutes April 4, 1990 Page 17 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Stout asked for the bounty and reward systems specialists to come back at the April 18 meeting. , , · , , , for graffiti K. COMMUNICATIONS FROM THE PUBLIC K1. Lewis Trout stated he had sent a letter to the City requesting other information be included in the report on the bounty and reward systems for graffiti. Mayor Stout stated he would also like to see information on minors involved in spray painting of graffiti, and the purchasing of aerosol paint cans. K2. Ron Hutton stated he would like to discuss at the next meeting the acquisition of 17 acres for a possible park site. Mayor Stout stated the Council does not like to talk about property acquisitions in public, but that Mr. Hutton could discuss this with staff, and suggested he contact Jack Lam, City Manager. K3. Mayor Stout informed the Council of the various details planned for the July 4th Civic Center/Public Safety Facility Dedication that have been worked out by the City Council Subcommittee and staff for this event. K4. Councilmember Buquet suggested a new plan of action regarding Nordic be worked up. , , , , · L. ADJOURNMENT MOTION: Moved by Brown, seconded by Alexander to adjourn to Executive Session regarding pending litigation of the property located at 12659 Base Line Road. Motion carried unanimously, 5-0. The meeting adjourned at 10:15 p.m. Respectfully submitted, D~~~ ~ City Clerk Approved: May 2, 1990