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HomeMy WebLinkAbout1989/12/06 - Minutes December 6, 1989 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinu A, CTXT.T. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, December 6, 1989, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:30 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; Ralph Hanson, Deputy City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Larry Henderson, Principal Planner; Richard Alcorn, Code Enforcement Supervisor; Russ Maguire, City Engineer; Jerry Grant, Building Official; Jim Martin, Plan Check Coordinator; Paul Quintana, Plan Checker; Joe Schultz, Community Services Manager; Jim Frost, City Treasurer; Duane Baker, St. Administrative Assistant; Diane O'Neal, Administrative Analyst; Suean Mickey, Administrative Aide; Chief Lloyd Almand, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. , , , , · , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of 10-year Service Pin to Paul Quintana. Presentation was made to Paul Quintana by Mayor Stout. B2. Mayor Stout referred to the letter from Lewis Homes Development Corporation asking that their appeal be withdrawn (Item F1 on the agenda). , , , · , , C. COMMUNICATIONS FROM THE PUBLIC Cl. A homeowner from the Nordic tract (who did not identify herself from her chair) asked that the Nordic item (Item I2 on the agenda) be moved forward on the agenda for discussion. City Council Minutes December 6, 1989 Page 2 Mayor Stout responded they try not to do this, but stated he felt they would not have to wait very long before their item came up. , , , , , C2. Councilwoman Brown read a letter from Charles Haynes, President, Caryn Homeowner's Association, commending the City Council and City staff for their efforts in the Rock Crusher matter. "December 5, 1989 Honorable Mayor Stout, City Council, and City Staff: The residents from the Caryn Community would like to express our sincere thanks for your leadership and support in helping to defeat the quarry and minning (sic) operation behind our community. This has been a long hard fought battle and without your continued efforts we would have surly (sic) lost. Special acknowledgment must be given to Mr. Brad Bueller (sic) for his exceptional testimony on Monday, December 4th before the board of Supervisors- The entire fight has taken a team effort from 1986 when the Victoria Community first spoke out. We later joined forces to become part of that team- From the support of the supervisors to the City of Rancho Cucamonga to the residents, working together has shown its rewards. We are aware this may not be over but for now we can return to our lives and the city can get on with other duties. This is a wonderful Christmas gift from the city to the residents, and we thank you. Sincerely, CARYN HOMEOWNERS ORGANIZATION Charles Haynes, President" , , , , , , C3. Chuck Haynes, President, Caryn Homeowner's Association, 11360 Mount Willis Court, stated he wanted to correct the interpretation of the letter he had sent to The Daily Report regarding thanking them for the protection he had received by the Sheriff's Department, and added this letter was strictly a personal note of appreciation and was not intended to refer to anypolitical sanction as to the police study now being done by the City of Rancho Cucamonga- He further stated he did not approve of the way the City Council handled Mark Gutglueck at the last meeting- He added he did not approve of Councilman Buquet's attitude, and felt he owed Mr. Gutglueck an apology- Councilman Buquet felt Mr. Haynes made a cheap shot at him, and added if someone has something to discuss it should be agendized- City Council Minutes December 6, 1989 Page 3 Jacquelyn Bolda stated she concurred with Mr. Haynes' comments regarding Mr. Buquet's attitude at the last meeting. , , , , , D. CONSENT CALENDAR D1. Approval of Minutes: 11-01-89 11-14-89 11-15-89 D2. Approval of Warrants, Register Nos. 11/15/89, 11/22/89, and 11/29/89; and Payroll ending 11/9/89 and 11/22/89 for the total amount of $3,361,750.31. D3. Approval to receive and file current Investment Schedule as of November 29, 1989. D4. Alcoholic Beverage Application for Off Sale General for Haven Wine & Liquor Company, Dominic, Karen and Frank Borra, 9401 Haven Avenue. DS. Approval to authorize the advertising of the "Notice Inviting Bids" for the "Parks Maintenance Retrofit Project" to be funded from Maintenance Account No. 01-4647-7043 and the "Parks Capital Retrofit Project" to be funded from Park Development Fund Account No. 20-4532-7043. (0601-01 BID) RESOLUTION NO. 89-569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCARONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "PARKS MAINTENANCE RETROFIT PROJECT" AND THE "PARKS CAPITAL RETROFIT PROJECT", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to reject all bids for the Haven Avenue Gateway Entry Monument, located on the northeast corner of Fourth Street and Haven Avenue, as non- responsive to the needs of the City and authorize staff to re-bid this project. (0601-01 BID) D7. Approval to award the West Beryl Park Improvement Project to Hondo Company, Santa Aria, California, for the amount of $1,591,834.00 plus 10% contingency to be funded from Park Development Fund 20-4532-8015. (0511-01 AWARD) DS. Approval of updated disposition report for acquired properties at 10005 through 10095 Arrow Route. (1002-07 PROP 4P) D9. Approval to certify municipal election results held on November 7, 1989 as it relates to Measure P - Use or Discharge of Safe and Sane Fireworks Within the City of Rancho Cucamonga. (0702-03 ELECTION) (2) (3) (4) (s) City Council Minutes December 6, 1989 Page 4 (6) (7) (8) (9) RESOLUTION NO. 89-570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF RANCHO CUCAMONGA ON NOVEMBER 7, 1989, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW D10- Approval for the City to contribute $175.00 to help sponsor the publishing of a prevention manual on "Gangs, Groups, and Cults", to be funded from Account 01-4122-6028. (1402-03 COM PROG) (1130-03 DONATION) Dll. Approval of Environmental Assessment and Tentative Tract Map, Number 14263 - E.G.M. Development - confirming a City Council decision made on November 15, 1989, for an appeal of Planning Commission conditions for a residential subdivision and design review of 32 condominium units on 3.35 acres of land, located On the west side of Carnelian Street at Vivero Street - APN 207-022-54 and 64. (0701-06 APPEAL) RESOLUTION NO. 89-571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A TENTATIVE TRACTMAP, NUMBER 14263, TO PERMIT A RESIDENTIAL SUBDIVISION OF 32 CONDOMINIUM UNITS ON 3.35 ACRES OF LAND IN THE MEDIUMRESIDENTIALDISTRICT AND LOCATED ON THE WEST SIDE OF CARNELIAN STREET AT VIVERO STREET, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF D12. Approval of Annexation 89-03 Homestead Development - a request to approve an annexation of approximately 25 acres of San Bernardino County unincorporated area located at the northeast corner of Highland and Rochester Avenues - APN 225- 152-01, 02, 03, 04, and 18. (0702-02 ANNEX) RESOLUTION NO. 89-572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AppROVINGANNEXATION 89-03 (LAFCO 2547) HOMESTEAD DEVELOPMENT, AND ORDERING TERRITORY ANNEXED TO THE CITY OF RANCHO CUCAMONGA GENERALLY LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF D13. Approval of a Resolution regarding projects benefitting the project area and making certain findings in regard thereto. (0203-06 RDA) City Council Minutes December 6, 1989 Page 5 RESOLUTION NO. 89-573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO D14. Approval to establish an amount required of a development as a contribution in lieu of the construction of Median Island Landscaping on Milliken Avenue between 4th Street and 6th Street. (1130-03 DONATION) (1110-05 MED/PKWAY) RESOLUTION NO. 89-574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AND ADOPTING A CONTRIBUTION AMOUNT PERTAINING TO THE CONSTRUCTION OF MEDIAN ISLAND LANDSCAPING ON MILLIKEN AVENUE BETWEEN 4TH STREET AND 6TH STREET IN THE CITY OF RANCHO CUCAMONGA D15. Approval to execute Professional Services Agreement (CO 89-199) with Don Greek and Associates, Incorporated to prepare plans, specifications and estimate for the Area VI - Highland Avenue Storm Drain from Archibald Avenue to the Upper Alta Loma Channel for a fee not-to-exceed $35,710.00 to be funded from the City- wide Storm Drain Fees, Account No. 23-4637-8949. (0602-01 CONTRACT) RESOLUTION NO. 89-575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DON GREEKAND ASSOCIATES, INCORPORATED OF RANCHO CUCAMONGA, CALIFORNIA TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATE FOR AREA VI - HIGHLAND AVENUE STORM DRAIN PROJECT FROM ARCHIBALD AVENUE TO THE UPPER ALTA LOMACHANNEL D16. Approval to execute Contract (CO89-012) Change Order Nos. i and 2 for the Amethyst Street at 19th Street Intersection Improvement Project, to be funded from City Wide Drainage Fund Account No. 23-4637-8749 and Systems Development Fund Account No. 22-4638-8749. (0602-01 CONT AMEN) (lo) (ii) (i2) D18. Approval to execute a Grant of Easement (CO 89-201) with Cucamonga County (14) Water District through East and West Beryl Parks. (1001-01 EASEMENT) D17. Approval to execute a Grant of Easement (CO 89-200) with Southern (13) California Edison for electrical service to Old Town Park. (1001-01 EASEMENT) City Council Minutes December 6, 1989 Page 6 (is) (16) (17) RESOLUTION NO. 89-576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR GRANTING OF EASEMENT THROUGH EAST AND WEST BERYL PARKS TO CUCAMONGA COUNTY WATER DISTRICT FOR SANITARY SEWER LINE INSTALLATION D19. Approval to execute an Agreement for Acquisition (CO 89-202) of off-site property, security, deposit and the related changes to Parcel Map 11838 located approximately 800 feet west of Victoria Park Lane and north of Base Line Road, submitted by Hughes/Lyon/Victoria Associates- (0602-01 CONTRACT) RESOLUTION NO. 89-577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT, SECURITY, DEpOSIT ANDRELATED CHANGES TO PARCEL MAP 11838 FROM HUGHES/LYON/VICTORIA ASSOCIATES AND AUTHORIZING THE MAYORAND CITY CLERK TO SIGN SAME D20. Approval to adopt resolutions approving agreements with Caltrans (CO 89- 203) and with Western Land Properties (CO 89-204) and the City of Rancho Cucamonga to provide project administration and inspection of public improvement to be installed on Foothill Boulevard from Deer Creek Channel to Rochester Avenue. (0602-01 CONTRACT) RESOLUTION NO. 89-578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING COOpERATIVEAGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF RANCHO CUCAMONGA, FOR THE ADMINISTRATION OF CONSTRUCTION OF STATE HIGHWAY IMpROVEMENTSALONG STATE HIGHWAY ROUTE 66 (FOOTHILL BOULEVARD) BETWEEN DEER CREEK CHANNEL AND ROCHESTER AVENUE IN THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. 89-579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENT BETWEEN WESTERN LAND pROPERTIES AND THE CITY OF RANCHO CUCAMONGA FOR THE WIDENING OF FOOTHILL BOULEVARD BETWEEN DEER CREEK CHANNEL AND ROCHESTER AVENUE IN THE CITY OF RANCHO CUCAMONGA D21. Approval to order the annexation of DR 88-29, located at the southwest corner of Milliken Avenue and 5th Street to Landscape Maintenance District 3 and Street Lighting Maintenance District Nos. 1 and 6. (0401-03 ST LT MD) (0401-03 LNSCAPE MD) City Council Minutes December 6, 1989 Page 7 RESOLUTION NO. 89-580 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 DR 88-29 D22. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. I and 6 for DR 88-32, located on the east side of Hyssop Drive, north of 4th Street, submitted by Hyssop Properties, a California General Partnership. (0602-01 AGREE IMP) (0401-03 ST LTMD) (0401-03 LNSCAPE MD) RESOLUTION NO. 89-581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 88-32 RESOLUTION NO. 89-582 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. I AND 6 FOR DR 88-32 D23. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Street Lighting Maintenance District Nos. i and 3 for Tract No. 14121, located at the southwest corner of Highland and Milliken Avenues, submitted by The William Lyon Company. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 ST LT MD) RESOLUTION NO. 89-583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 14121 RESOLUTION NO. 89-584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 FOR TRACT NO. 14121 D24. Approval of 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 Parcel Map 9431, located on the east side of Beryl Street, south of Hillside Road, submitted by James Bice. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) (2o) City Council Minutes December 6, 1989 Page 8 (22) (23) (24) (26) (27) RESOLUTION NO. 89-585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 9431, (TENTATIVE PARCEL MAP NO. 9431), IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 89-586 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. 1AND 2 FOR PARCEL MAP 9431 D25. Approval to execute Improvement Agreement Extension for Tract 12642, 12935- 44 Landscape, located on the southeast corner of Banyan Street and Milliken Avenue, submitted by Kaufman & Broad. (0602-01 AGREE EXTN) RESOLUTION NO. 89-587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12642, 12935-44 LANDSCAPE D26. Approval to execute Improvement Agreement Extension for Tract 13644, located on the southeast corner of Hermosa Avenue and Vista Grove Court, submitted by Woodridge Estates, Ltd. (0602-01 AGREE EXTN) RESOLUTION NO. 89-588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13644 D27. Approval to execute Improvement Agreement Extension for CUP 87-26, located on the northeast corner of Vineyard Avenue and Foothill Boulevard, submitted by OAS Investors. (0602-01 AGREE EXTN) RESOLUTION NO. 89-589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR CUP 87-26 D28. Approval to execute Improvement Agreement Extension for 6737 East Avenue submitted by Gerald Hesslet. (0602-01 AGREE EXTN) City Council Minutes December 6, 1989 Page 9 RESOLUTION NO. 89-590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 6737 EAST AVENUE D29. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 9192, Street Improvements, Storm Drain and Block Walls; and Approval to execute Improvement Agreement and Securities for Parcel Map 9192, Landscape, located on the northwest corner of Highland Avenue and Rochester Avenue, submitted by Marlborough Development. (0602-01 BOND REL) (0704-18 NOT COMPLT) (0602-01 AGREE IMPR) Release: Accept: Faithful Performance Bond (Street Improvement) Faithful Performance Bond (Storm Drain) Faithful Performance Bond (Block Walls) Maintenance Guarantee Bond (Street Improvement) Maintenance Guarantee Bond (Storm Drain) Maintenance Guarantee Bond (Block Walls) RESOLUTION NO. 89-591 $1,019,356.00 $ 674,482.00 $ 534,555.00 $ 101,936.00 $ 67,448.00 $ 53,456.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9192 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK RESOLUTION NO. 89-592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY FOR PARCEL MAP 9192 LANDSCAPE D30. Approval to accept Improvements, Release of Bonds, and Notice of Completion for: (28) (29) Release: Faithful Performance Bond (Street) $ 510,000.00 Tract 9649, located on the southwest corner of Wilson Avenue and Hermosa (30) Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) City Council Minutes December 6, 1989 Page 10 (3i) (32) (33) RESOLUTION NO. 89-593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9649 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13443 located on the southwest corner of Victoria Park Lane and Fairmont Way (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) RESOLUTION NO. 89-594 $ 487,503.00 $ 48,750.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13443 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13642 located on the east side of Beryl Street between 19th Street and Hamilton Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful performance Bond (Street) $ 210,000.00 Accept: Maintenance Guarantee Bond (Street) $ 21,000.00 RESOLUTION NO. 89-595 MOTION: Motion carried unanimously, 5-0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13642 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Moved by Wright, seconded by Brown to approve the Consent Calendar. , , * , , , E. CONSENT ORDINANCES El. ENVIRONMENTAL ASSESSMENT AND TERRAVISTA COMMUNITY pLAN AMENDMENT 89-01 - WESTERN pROPERTIES - A request to change various school, trail and park site designations; to allow the establishment of auto service stations subject to the Conditional Use Permit process along selected major arterials; to delete a portion of Orchard Avenue; and to update the Landscape Design Guidelines and land use maps to reflect previous project approvals and "as-built" conditions - APN 227-151-08, 13, and 14; 1077-421-01, 16 and 18; and 1077-091-36- (0203-05 TVCP AMEN) City Council Minutes December 6, 1989 Page 11 ORDINANCE NO. 407 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TERRA VISTA COMMUNITY PLAN AMENDMENT 89-01, TO CHANGE VARIOUS SCHOOL, TRAIL AND PARK SITE DESIGNATIONS; TO ALLOW THE ESTABLISHMENT OF AUTO SERVICE STATIONS SUBJECT TO THE CONDITIONAL USE PERMIT PROCESS ALONG SELECTED MAJOR ARTERIALS; TO DELETE A PORTION OF ORCHARD AVENUE; AND TO UPDATE THE LANDSCAPE DESIGN GUIDELINES AND LAND USE MAPS TO REFLECT PREVIOUS PROJECT APPROVALS AND "AS-BUILT" CONDITIONS, AND MAKING FINDINGS IN SUPPORT THEREOF Debra J. Adams, City Clerk, read title of Ordinance 407. MOTION: Moved by Buquet, seconded by Alexander to waive full reading and approve Ordinance No. 407. Motion carried unanimously, 5-0. , , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF CONDITIONAL USE PERMIT 88-12 - MODIFICATION - WESTERN PROPERTIES - A request to appeal the conditions of approval imposed by the Planning Commission requiring a pedestrian passageway through Building K, within the Terra Vista Towne Center, located at the northeast corner of Haven Avenue and Foothill Boulevard - APN 1077-421-05, 06, and 13. (Continued from November 15, 1989) (0701-01 APPEAL) (0802-02 CUP) RESOLUTION NO. 89-541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING A CONDITION REQUIRING A PEDESTRIAN WALKWAY THROUGH BUILDING K AS IMPOSED BY THE PLANNING COMMISSION FOR THE APPROVAL OF MODIFICATION TO CONDITIONAL USE PERMIT 88-12 WITHIN THE TERRA VISTA TOWNE CENTER, LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-05, 06, AND 13. ITEM WITEDRAWNBYWESTERNPROPERTIES. (See letter distributed to City Council} , , , , , G. PUBLIC HEARINGS G1. APPROVAL OF TRESPASSING ORDINANCE RECOMMENDED TO THE CITY COUNCIL BY THE PUBLIC SAFETY COMMISSION - Ordinance prohibiting trespassing on private property. Staff report presented by Duane Baker, St. Administrative Assistant. (0704-07 CODE ENFOR) Mayor Stout stated he is in receipt of a memo from Clyde A. Boyd, Chairman of the Public Safety Commission, which he felt answered his questions. (34) (33) City Council Minutes December 6, 1989 Page 12 (36) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. ORDINANCE NO. 408 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.18 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW SECTION 9.18.012 ENTITLED "TRESPASSES UPON PRIVATE PROPERTY PROHIBITED" Debra J- Adams, City Clerk, read the title of Ordinance No. 408. MOTION: Moved by Wright, seconded by Brown to waive full reading of Ordinance No. 408 and set second reading for December 20, 1989. Motion carried unanimously, 5-0. , , , , , G2. MINOR DEVELOPMENT REVIEW 89-22 - GEIVETT - An appeal of the Planning Commission's decision to deny without prejudice a request for a carport addition to an existing automotive repair at 8517 North Grove Avenue. APN 207-220-05- (1002-08 DEV REV) (0701-06 APPEAL) Brad Buller, City Planner, stated the applicant was not present and asked that the City Council allow him the opportunity to call Mr. Geivett to see if there was a scheduling misunderstanding. Mayor Stout suggested the item be trailed until later in the meeting in case Mr. Geivett did show up, and for staff to try to contact him right away to see if he was planning on attending this meeting. RESOLUTION NO. 89-596 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY WITHOUT pREJUDICE MINOR DEVELOPMENT REVIEW NO. 89-22, LOCATED ON THE SOUTHEAST CORNER OF ARROW HIGHWAY AND GROVE AVENUE IN THE GENERAL COMMERCIALDISTRICTANDMAKING FINDINGS IN SUPPORT THEREOF Brad Buller, City Planner, stated they have made a call to Mr. Geivett and were unsuccessful in reaching him, and suggested this be continued to the December 20, 1989 meeting. MOTION: Moved by Brown, seconded by Alexander to continue Item G2 until the December 20, 1989 meeting so that staff can notify Mr. Geivett to be in attendance- Motion carried unanimously, 5-0. , , , , , City Council Minutes December 6, 1989 Page 13 H. CITY MANAGER*S STAFF REPORTS H1. SELECTION OF CONSULTANT TO CONDUCT LAW ENFORCEMENT STUDY - Recommendation of consultant based on evaluation of Law Enforcement Subcommittees. Staff report presented by Jack Lam, City Manager. (1301-00 SHERIFF) Councilman Alexander stated there was a lot of evaluation done to make this decision and felt Hughes, Heiss & Associates was very qualified. MOTION: Moved by Brown, seconded by Alexander to approve Hughes, Heiss & Associates. Motion carried unanimously, 5-0. , , , , , H2. CONSIDERATION OF FALSE ALARM ORDINANCE AS RECOMMENDED TO THE CITY COUNCIL BY THE PUBLIC SAFETY COMMISSION Staff report presented by Duane Baker, St. Administrative Assistant. (1301-03 AL~a~M SEP) Councilwoman Wright asked if the Chamber of Commerce knew this was being discussed. Duane Baker, Sr. Administrative Assistant, stated they had not thus far, but depending on the action Council took tonight, staff would know whether or not to discuss this with the Chamber. Jack Lam, City Manager, suggested that first reading be delayed until the Chamber can give their input for this Ordinance. Mayor Stout suggested that in view of the holidays, this be continued to the first meeting in February so the Government Relations Subcommittee of the Chamber of Commerce can give their input to the Ordinance. ORDINANCE NO. 409 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.26 ENTITLED "SERVICE CHARGES FOR FALSE ALARMS" AND PROVIDING FOR SERVICE CHARGES TO DEFRAY THE COSTS OF FALSE POLICE ALARMS MOTION: Moved by Wright, seconded by Alexander to continue the item to February 7, 1990. Motion carried unanimously, 5-0. , , , · , H3. ANIMAL CONTROL OPTIONS Jack Lam, City Manager, gave background on this item and informed the Council why it was brought before them. A more detailed staff report was presented by Duane Baker, Sr. Administrative Assistant, who presented slides. (1150-01 ANIMAL CON) (37) (38) (39) City Council Minutes December 6, 1989 Page 14 Mayor Stout stated the report was put together well. He mentioned that he and Councilman Buquet are the Subcommittee for this issue and reported on the problems the City has had with the County. Councilman Buquet stated he felt this concept would be a better dollar value for the City. Councilwoman Wright stated she is appreciative of the City Council Subcommittee and the staff report, and felt it was a very complete report. Mayor Stout commended Jack Lam, City Manager, for his management of this. Councilman Buquet commended Duane Baker, St. Administrative Assistant. Councilman Alexander felt this was an expensive way to go, but was in favor of it 100%. MOTION: Moved by Alexander, seconded by Wright to adopt staff's recommendation to establish a City operational animal control program. Motion carried unanimously, 5-0. , , , , , (4o) N4. RECOMMENDED REGIONAL MALL PROGRAM FOR DEVELOPMENT Staff report presented by Rick Gomez, Con~nunity Development Director- (0203-05 SHOP CNTR) Councilwoman Wright expressed her concerns for the Council being able to give input as to the design. Mayor Stout recommended a Regional Mall Subcommittee be established to be responsible to the Council for reviewing matters with staff on an as-needed basis, and that if there were any concerns by the subcommittee they be reported to the Council. Councilman Buquet stated what he would like the Council to accomplish is a role where the City Council is highly visible to make sure things stay on track. Councilwoman Wright stated she did not want this to delay things, but stated things could be delayed at the end if things weren't as the Council wanted them to be. Mayor Stout stated he would like to serve on the Subcommittee because of his previous involvement with the project. Councilwoman Brown suggested Councilman Buquet also serve on this Subcommittee- Mayor Stout concurred. Mayor Stout asked Jack Lam, City Manager, to set up the mechanism for the Council Subcommittee's involvement with this project- City Council Minutes December 6, 1989 Page 15 , , , , · I. COUNCIL BUSINESS I1. REPORT ON AIR TRAFFIC TRAINING OVER RESIDENTIAL AREAS (Oral Report) (Continued from November 15, 1989) (1160-00 TRAFFIC) (0507-02 TRAIN PROG) Councilman Buquet stated he has asked for this to be placed on the agenda because of his own concern and concerns expressed by residents. He stated the area north of Highland has been used for flight training purposes. He suggested that a Resolution come back asking appropriate agencies and entities to restrict this type of activity over the City of Rancho Cucamonga. Mayor Stout asked that this Resolution come back at the December 20, 1989 meeting. , , , , , , I2. UPDATE REPORT ON NORDIC WOODS (Oral Report) Staff report presented by Jerry Grant, Building Official, who stated at their last meeting the homeowners felt things were not getting done as fast as they should. He stated on November 22 another meeting was scheduled with Messrs. Keto and Stranger, which included the City Attorney, to attempt to work out some of these problems. He gave further information on what still needed to be corrected. (0807-01 CODE BLDG) Councilwoman Brown stated the Subcommittee and staff have met with Nordic residents to get things taken care of. She stated things were getting better, but that recently things have not been. She stated she is hearing there are also other tracts of Nordic's with the same problems. Councilman Buquet stated he felt there had been some progress made, but added that at their meeting with Messrs. Keto and Stranger, he was told things would be taken care of. He stated the residents were present tonight to speak and felt they should be given that chance. Councilwoman Brown stated that Jim Markman, City Attorney, is looking at every legal alternative as to what the City can do to correct this problem. Mayor Stout asked if the Nordic street work on Hillside and Sapphire (the street patch) could be repaired because it was dropping. Russ Maguire, City Engineer, stated he would have it on the list for repair tomorrow. Mayor Stout opened the meeting for public input. Addressing the Council were the following who expressed to the Council the problems they were having with Nordic Development: (4i) (42) City Council Minutes December 6, 1989 Page 16 Jan Wilder, Stratton Court Mr. White, 5565 Eastwood, Alta Estates Carl Mills, 5512 Eastwood June Raye, 5558 Eastwood Rebecca Oliver, Stratton Court Don Speerback, 10078 Iron Mountain Court Curt McClendon, 5578 Eastwood Pete Alexakus, Iron Mountain Court There being no further response, the public input session was closed. Councilman Buquet stated he would like to see the City Council move forward and continue to work on this. He added he was disappointed to hear of the Eastwood situation- Councilwoman Brown stated it is frustrating to hear of all the problems, but felt the Subcommittee had accomplished some of the things. She stated she had a problem with the City only being able to do so much with a poor builder. She asked that this be taken up the ladder to someone in Sacramento. Councilman Alexander asked if the BIA could get involved with this. Jerry Grant commented staff could approach the BIA on this, and felt they would support what the City might want to do as far as going up the ladder to get things resolved. Councilman Buquet felt legal counsel should bring back alternatives on what the City can do to get things resolved. Councilwoman Brown concurred. Mayor Stout suggested a letter be written to the State Contractor's License Board outlining to them the situation with Nordic Development. Larry Wilder, Stratton Court, stated there has been complaints filed with the Contractor's License Board and that they do not seem very responsive. Rick Gomez, Community Development Director, stated there is a meeting scheduled to talk with the State Contractor's License Board. Mayor Stout stated he wanted the State Contractor's License Board to have something in writing from the City of Rancho Cucamonga about the problems with Nordic, and wanted copies to go to the City's elected legislators- Mayor Stout asked if pressure could be put on the tract at Hillside and Sapphire to get improvements completed- City Council Minutes December 6, 1989 Page 17 Russ Maguire, City Engineer, stated the Council had done something similar tonight through an improvement agreement extension on Hermosa, and that if he was given direction, would not allow occupancy on the Hillside/Sapphire tract until all the improvements were complete. Mayor Stout asked that direction be given for the City Engineer to do this. The Council concurred. MOTION: Moved by Alexander, seconded by Wright to send written correspondence to the State Contractor'e License Board in Sacramento, with a copy to the Colton office regarding the problems with Nordic Development, and with written correspondence to the City's elected officials on consumer protection legislation with a copy of the State Contractor's License Board letter attached to this. All back-up information on this subject is to be included in these letters. A copy should also be sent to the County's Consumer Affairs Division. Motion carried unanimously, 5-0. Mayor Stout asked that the Subcommittee continue working on this also. Councilmembers Brown and Buquet set the next meeting with the homeowners for Friday, December 8 at 10:00 a.m. at the Lions Park Community Center. , , , , , J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilwoman Brown stated that West Covina has an ordinance, and that under nuisance abatement can evict members of gangs, drug users, etc., from condominiums and apartments, and would like it discussed at the next meeting. She asked for staff to get a copy of that ordinance for discussion of same. Councilman Buquet suggested staff obtain Pomona's ordinance also. Mayor Stout suggested Los Angeles be checked out also, and that if it was acceptable with Councilwoman Brown, that this go to the Public Safety Commission first, and that Jack Lam, City Manager, see that this is put on their agenda. , , , , , , K. COMMUNICATIONS FROM THE PUBLIC K1. Donald Hale stated he did not get to speak earlier, but informed the Council about the problems he is having with Nordic Development. , , , , · · City Council Minutes December 6, 1989 Page 18 L. ADJOURNMENT MOTION: Moved by Brown, seconded by Buquet to adjourn to Executive Session regarding property acquisition, and for the Executive Session to adjourn to the December 12, 1989 meeting with the Cucamonga County Water District. Motion carried unanimously, 5-0. Meeting adjourned at 9:40 p.m. lA~submitted' City Clerk Approved: January 3, 1990