HomeMy WebLinkAbout1989/07/05 - Minutes July 5, 1989
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. C7~T.T. TO ORDER
A regular meeting of the City Council of the City of Rancho Cucamonga met on
Tuesday, July 5, 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, Pamela J.
Wright, and Mayor Dennis L. Stout.
Also present were: City Manager, Jack Lam; Deputy City Manager, Linda D.
Daniels; Deputy City Manager, Jerry Fulwood; City Attorney, James Markman;
Community Services Manager, Joe Schultz; Administrative Analyst, Diane O'Neal;
and Deputy City Clerk, Debra J. Adams.
Absent was Councilmember: Charles J. Buquet.
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B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Proclamation stating July as Parks and Recreation Month.
Presentation was made to Joe Schultz, Community Services Manager.
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B2. Presentation of Proclamation commending Bruce Emerick for his service on
the Planning Commission.
Presentation was made to Bruce Emerick who commended the City and the staff for
what they have accomplished, and also thanked them for his presentation.
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C. COMMUNICATIONS FROM THE PUBLIC
Cl.
George Bennet, 5167 Silvermountain Way (the Woods Development), stated he
wanted to set up a meeting with the City Council and some of the residents
from the Woods Development so that they could discuss some of their
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July 5, 1989
Page 2
problems and concerns regarding their development. He stated there is a
horse trail in their area that does not have a rain gutter system, and also
stated they have had problems with the street cleaning services being
conducted regularly and correctly by the City. He further complained about
the inconsistency with the City Inspectors in there actions and decisions.
He mentioned they have also had problems with the Sheriff°s Department,
and would like the City to have their own police department. He
specifically referred to the Cucamonga Canyon problem, stating he did not
feel that the residents got any action from the Sheriff's Department on
this problem.
Mayor Stout suggested that this matter come before the City Council at their
August 16, 1989 meeting, and further asked Mr. Bennet to please put his concerns
in writing and address it to the City Council.
C2. Cheryl Pearson, 9639 Whirlaway, stated that the City Council, of a couple
of years ago, was going to conduct a study on opening horse trails. She
asked if she could have the results of this study.
Jack Lam, City Manager, stated that Brad Buller, City Planner, and Russ Maguire,
City Engineer, could talk with her at the break or after the meeting and could
answer her questions, but that if they could not answer her questions, the item
could be put on a subsequent agenda.
Ms. Pearson also stated her concerns about keeping motorcyclists off of
the trails.
D. CONSEN~ CaLENDaR
(Items D17, D20, and D27 were removed from the Consent Calendar for discussion)
D1. Approval of Minutes: May 3, 1989; May 17, 1989; June 7, 1989.
D2. Approval of Warrants, Register Nos. 6/21/89 AND 6/28/89 and Payroll ending
6/22/89 for.the total amount of $8,478,948.62.
D3. Approval to receive and file current Investment Schedule as of June 28,
1989.
D4. Alcoholic Beverage Application for On Sale General Eating Place for The
Cub, Kathy and Michael Hayes and Jolene Kirby, 8411 Foothill Boulevard.
D5. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
the Sassy Steer, AleJandro and Ana Shimabukuro, 8030 Vineyard Avenue.
D6. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
Cherony's, Waddab Subhi Quadi, 9170 Haven Avenue #102.
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July 5, 1989
Page 3
D7. Alcoholic Beverage Application for Off-Sale Beer & Wine, Malik M. and
Mohammad Tabel, 9879-A Foothill Boulevard.
D8. Approval to authorize the advertising of the "Notice Inviting Bids" for
the Sapphire Parkway Renovation and Retrofit (Banyan Street to north of Jennet
Street) Improvement Project, to be funded from Beautification Funds, Account No.
21-4647-8723 (FY 88/89). (0601-01 BID)
RESOLUTION NO. 89-298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE "SAPPHIRE PARKWAY RENOVATION AND
RETROFIT" (BANYAN STREET TO NORTH OF JENNET STREET), IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS
D9. Approval to authorize the advertising of the "Notice Inviting Bids" for
Traffic Signal and Safety Lighting at the intersections of Haven Avenue and 7th
Street and Archibald Avenue and Lemon Avenue, to be funded from SB 325 T.D.A.
Fund, Account Numbers 12-4637-8873 and 12-4637-8872, respectively (FY 89/90).
(0601-01 BID)
RESOLUTION NO. 89-299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE "TRAFFIC SIGNALS AND SAFETY
LIGHTING AT THE INTERSECTIONS OF HAVEN AVENUE AND 7TH
STREET AND ARCHIBALD AVENUE AND LEMON AVENUE", IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
D10. Approval to authorize the expenditure of redevelopment funds on certain
public improvements associated with the development of a Sears Consolidated
Credit Center. (0401-21 FUND APPRO) (0203-06 RDA)
RESOLUTION NO. 89-300
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REGARDING A PROJECT BENEFITING
THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN
FINDINGS IN REGARD THERETO
Dll. Approval to award and execute Professional Services Agreement (CO 89-103)
with BSI Consultants, Incorporated to provide Park Construction Administration
and Inspection services for a sum not to exceed $96,000.00 to be funded from
Park Development Account No. 20-4532-8006 ($16,000), 8007 ($16,000), 8015
($32,000), and 8611 ($32,000) for renovation of East Beryl and Lions Park and
construction of Old Town Park (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT)
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July 5, 1989
Page 4
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D12. Approval to execute contract (CO 89-104) for Hillside Road, east of
Hermosa Avenue, awarded to JEG Construction for the amount of $95,100.00
($86,404.87 plus 10% contingency) to be funded from Fund 09, Gas Tax 2107
Account No. 09-4637-8813 (FY 89/90 - Awarded 6-7-89). (0602-01 CONTRACT)
D13. Approval to execute contract (CO 89-105) for the Feron Boulevard
Improvement Project, from Ramona Avenue to Hermosa Avenue, awarded to Laird
Construction for the amount of $76,811.00 ($69,828.60 plus 10% contingency) to
be funded from Community Development Block Grant Funds, Account No. 28-4333-8194
(FY 88/89 - Awarded 6-21-89). (0602-01 CONTRACT)
D14. Approval to execute contract (CO 89-106) for the Sierra Madre and Placida
Court Improvement Project located from Arrow Highway to Via Carrillo Drive
awarded to Heritage Construction for the amount of $180,742.00 ($164,311.00 plus
10% contingency) to be funded from Community Development Block Grant Funds,
Account No. 28-4333-8811 (FY 88/89 - Awarded 6-07-89). (0602-01 CONTRACT)
D15. Approval to execute contract (CO 89-107) for the Blurry Seal Program
1988/89, Phase I, various street locations, awarded to Doug Martin Contracting
Company for the amount of $134,524.00 ($131,385.00 plus 10% contingency) to be
funded from Gas Tax 2107 Account No. 09-4637-8816 (FY 88/89) and the amount of
$84,253.00 ($76,593.86 plus 10%) to be funded from Gas Tax 2107 (New Account)
(FY 89/90) - Awarded 6-07-89. (0602-01 CONTRACT)
D16. Approval to execute contract (CO 89-108) for the Old Town Park
improvements with Martin J. Jaska, Incorporated for the amount of $911,181.00
plus 10% contingency, to be funded from Park Development Account No. 20-4532-
8611 and Community Block Grant Account No. 28-4333-8181 (FY 89/90 - Awarded 6-
21-89). (0602-01 CONTRACT)
D17. Approval to execute contract (CO 89-109) with TeleQuestions, Incorporated
in the amount of $15,000.00 for negotiation, agreement development and purchase
of a telephone switch and voice and data cabling for the Civic Center and Public
Safety Facility, including oversight and installation of same through cut-over.
Funding one-half from Fund 01-4245-7044 and one-half from RDA 13-51700. ITEM
REMOVED FOR DISCUSSION (0602-01 CONTRACT)
D18. Approval of a one year extension of existing Traffic Signal Maintenance
Contract (CO 87-086) with the adjustment of monthly service cost with Computer
Service Company to be funded from Gas Tax, Account No. 09-4637-6028, Contract
Services (FY 89/90). (0602-01 CONT AMEN)
D19. Approval of a one year extension of existing Street Striping Contract (CO
87-07) with the adjustment of three price schedule categories, with Orange
County Striping Service, Incorporated to be funded from Gas Tax, Account No. 09-
4637-6028, Contract Services (FY 89/90). (0602-01 CONT AMEN)
D20. Approval of Map, Improvement Agreement, Improvement Security, Drainage and
Maintenance Agreements, and Ordering the Annexation to Landscape Maintenance
District No. 3 and Street Lighting Maintenance District NoB. i and 6 for Parcel
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July 5, 1989
Page 5
Map 11891 located on the south side of Arrow Route, north of the A.T. & S.F.
railroad tracks and west of Rochester Avenue. ITEM REMOVED FOR DISCUSSION
(1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER
11891, (TENTATIVE PARCEL MAP NO. 11891), IMPROVEMENT
AGREEMENT, AND IMPROVEMENT SECURITY
RESOLUTION NO. 89-302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORy TO LANDSCAPE MAINTENANCE DISTRICT NO.
3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND
6 FOR PARCEL MAP 11891
D21. Approval of Improvement Agreement Extension for:
Tract 12832, located on proPosed Day Creek Boulevard between Hiqhland
Avenue and Victoria Park Lane, submitted bv The William Lyon Company (0602-01
AGREE EXTN)
RESOLUTION NO. 89-303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12832 (DAY
CREEK BOULEVARD)
Tract 13318, located on the southeast corner of Hermosa Avenue and
Manzanita Drive, submitted bv Mavflower-Bavoun (0602-01 AGREE EXTN)
RESOLUTION NO. 89-304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13318
Parcel MaD 10185, located on the southwest corner of Hiqhland Avenue and
Milliken Avenue, submitted bv William Lvon Company (0602-01 AGREE EXTN)
RESOLUTION NO. 89-305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10185
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July 5, 1989
Page 6
Tract 12650-4 Storm Drain, located on the southwest corner of Canistel
Avenue and Deer Canyon Drive, submitted by The Deer Creek Company (0602-01
AGREE EXTN)
RESOLUTION NO. 89-306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12650-4
STORM DRAIN
(19) Tract 13117, located on the east side of Haven Avenue between Banyan
Street and Chaffer College submitted by Paragon Homes (0602-01 AGREE EXTN)
RESOLUTION NO. 89-307
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13117
(20) D22. Approval of Improvement Agreement Extension for Tract Nos. 13279 Storm
Drain; and 13279 Detention Basin; 13279 Victoria Park Lane; 13279 Streets,
located on the south side of Highland Avenue, between Rochester Avenue and
Milliken Avenue submitted by William Lyon Company. (0602-01 AGREE EXTN)
RESOLUTION NO. 89-308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 13279
STORM DRAIN; 13279 DETENTION BASIN; 13279 VICTORIA PARK
LANE; 13279 STREETS
D23. Approval to accept Improvements, Release of Bonds, and Notice of
Completion for:
DR 86-42 located on the north side of Arrow Hiuhwav between White Oak
Avenue and Maple Place (0602-01 BOND REL) (0704-18 NOT COMPLT)
Release: Faithful Performance Bond (Street)
$ 62,000.00
RESOLUTION NO. 89-309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR DR 86-42 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
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July 5, 1989
Page 7
DR 87-60, located on the west side of Red Oak Street, between Arrow
Hiqhwav and Jersey Boulevard (0602-01 BOND REL) (0704-18 NOT COMPLT)
Release: Faithful Performance Bond (Street) $ 69,000.00
RESOLUTION NO. 89-310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR DR 87-60 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
Tract 13248 located on the south side of Hiqhland Avenue between Archibald
Avenue and Hermosa Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT)
Release: Faithful Performance Bond (Street) $ 150,000.00
Accept: Maintenance Guarantee Bond (Street) $ 15,000.00
RESOLUTION NO. 89-311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 13248 AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
Tract 13060 located on the southwest corner of Milliken Avenue and
Fairmont Way (0602-01 BOND REL) (0704-18 NOT COMPLT)
Release: Faithful. Performance Bond (Street) $ 480,000.00
Accept: Maintenance Guarantee Bond (Street) $ 48,000.00
RESOLUTION NO. 89-312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 13060 AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
Tract Nos. 12590, 12590-2; and Tract Nos. 12590-3, and 12590-4 located on
the northeast corner of Base Line Road and Valencia Avenue (0602-01 BOND REL)
(0704-18 NOT COMPLT)
Tract 12590:
Release: Faithful Performance Bond (Street) $ 133,000.00
Accept: Maintenance Guarantee Bond (Street) $ 13,300.00
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July 5, 1989
Page 8
Tract 12590-2:
Release: Faithful Performance Bond (Street)
Accept: Maintenance Guarantee Bond (Street)
Tract Nos. 12590-3 & -4:
Release: Faithful Performance Bond (Street)
Accept: Maintenance Guarantee Bond (Street)
RESOLUTION NO. 89-313
$ 18,000.00
$ 1,800.00
(26) D24. Approval to accept Improvements, Release of Maintenance Guarantee Bond for
Tract 12490 located at 8167 Vineyard Avenue south of Foothill Boulevard. (0602-
O1 BOND REL)
Maintenance Guarantee Bond (Street) $ 2,310.00
(27) D25. Approval of the Environmental Initial Study, Parts I and II, for the
proposed Hidden Farm Road Culvert, located 1100 feet east of Carnelian Street
north of Hillside Road and issuance of a Categorical Exemption therefor. (1403-
06 EIS)
RESOLUTION NO. 89-314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL
INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION
FOR THE PROPOSED HIDDEN FARM ROAD CULVERT
(28) D26. Approval of Environmental Assessment and Issuance of a Categorical
Exemption for the proposed Sapphire Parkway Renovation and Trail Retrofit,
~ between Banyan Avenue to north of Jennet Street. (1404-08 TRAILS)
RESOLUTION NO. 89-315
A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL
ASSESSMENT INITIAL STUDY AND ISSUANCE OF A CATEGORICAL
EXEMPTION FOR THE PROPOSED SAPPHIRE PARKWAY RENOVATION
AND TRAIL RETROFIT
$ 25,500.00
$ 2,550.00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACTS 12590; 12590-2; 12590-3 AND 12590-4 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
City Council Minutes
July 5, 1989
Page 9
D27. Approval of Resolutions to deny Variance 89-04 and Minor Development
Review 87-71, Commercial Carriers - A request to grade and pave approximately
12 acres of land and a request to reduce the parking setback from 25 feet to 8
feet and the landscape setback from 35 feet to 8 feet in the Minimum Impact/
Heavy Industrial District (Subarea 9), located on the south side of Jersey
Boulevard, between Utica and Vincent Avenues - APN 209-143-07, 08, & 09.
ITEM REMOVED FOR DISCUSSION (1002-02 VARIANCE) (1002-08 DEV REV)
RESOLUTION NO. 89-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 89-04 TO
REDUCE THE PARKING SETBACK FROM 25 FEET TO 8 FEET AND
REDUCE THE LANDSCAPE SETBACK FROM 35 FEET TO 8 FEET FOR
12 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF JERSEY
BOULEVARD BETWEEN UTICA AND VINCENT AVENUES IN THE
MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9),
AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-143-
07, 08, & 09
RESOLUTION NO. 89-317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING MINOR DEVELOPMENT REVIEW
NO 87-71, LOCATED AT 10807 JERSEY BOULEVARD IN THE
MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) OF
THE INDUSTRIAL SPECIFIC PLAN AND MAKING FINDINGS IN
SUPPORT THEREOF - APN 209-143-07, 08 & 09
D28. Approval to set Public Hearing for July 19, 1989 for Refuse Rate
Adjustment. (1170-04 REFUSE)
MOTION: Moved by Wright, seconded by Alexander to approve the Consent Calendar
with the exception of Items D17, D20, and D27. Motion carried unanimously, 3-
0-2 (Brown and Buquet absent).
DISCUSSION OF ITEM D17. Approval to execute contract (CO 89-109) with
TeleQuestions, Incorporated in the amount of $15,000.00 for negotiation,
agreement development and purchase of a telephone switch and voice and data
cabling for the Civic Center and Public Safety Facility, including oversight and
installation of same through cut-over. Funding one-half from Fund 01-4245-7044
and one-half from RDA 13-51700.
Item pulled by:
Mr. David Snow, 2448 So. Holmes, Ontario, California, who was also
representing Butler Tech Communications. He asked the City Council if
there could be a break down on materials and labor for this project to be
able to compare it to the three top bidders.
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July 5, 1989
Page 10
Mayor Stout referred this question to City Attorney Jim Markman.
James Markman, City Attorney, stated this was an RFP situation and that the
vendor had not been selected at this time. He stated there will be a
negotiation between the consultant and staff. He suggested that Mr. Snow talk
with Administrative Assistant Joan Kruse, of the City's Purchasing Department,
regarding some of his questions. Mr. Markman further added that if Mr. Snow is
one of the three included in the selection process, that staff will take the
recommendation of the consultant who is to do the work.
MOTION: Moved by Alexander, seconded by Wright to approve Item D17. Motion
carried unanimously, 3-0-2 (Brown and Buquet absent).
DISCUSSION OF ITEM D20. Approval of Map, Improvement Agreement, Improvement
Security, Drainage and Maintenance Agreements, and Ordering the Annexation to
Landscape Maintenance District No. 3 and Street Lighting Maintenance District
Nos. 1 and 6 for Parcel Map 11891 located on the south side of Arrow Route,
north of the A.T. & S.F. railroad tracks and west of Rochester Avenue.
Jack Lam, City Manager, stated that the item was being pulled so that it could
be acted on separately, because it was being recommended to the City Council to
conditionally approve the project by withholding recordation of the map until
the drainage and maintenance agreements have been approved by the City Attorney.
RESOLUTION NO. 89-301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER
11891, (TENTATIVE PARCEL MAP NO. 11891), IMPROVEMENT
AGREEMENT, AND IMPROVEMENT SECURITY
RESOLUTION NO. 89-302
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 PARCEL MAP 11891
MOTION: Moved by Alexander, seconded by Wright to approve Item D20 as
recommended by City Manager Jack Lam. Motion carried unanimously 3-0-2, (Brown
and Buquet absent).
DISCUSSION OF ITEM D27. Approval of Resolutions to deny Variance 89-04 and
Minor Development Review 87-71, Commercial Carriers - A request to grade and
pave approximately 12 acres of land and a request to reduce the parking setback
from 25 feet to 8 feet and the landscape setback from 35 feet to 8 feet in the
City Council Minutes
July 5, 1989
Page 11
Minimum Impact/Heavy Industrial District (Subarea 9), located on the south side
of Jersey Boulevard, between Utica and Vincent Avenues - APN 209-143-07 08, &
09. ,
Councilman Alexander stated that tonight the City Council had received new
correspondence on this and felt it should be continued until the next meeting
in order to allow Council time to read this new correspondence and consider it.
Mayor Stout concurred with this suggestion.
RESOLUTION NO. 89-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 89-04 TO
REDUCE THE PARKING SETBACK FROM 25 FEET TO 8 FEET AND
REDUCE THE LANDSCApE SETBACK FROM 35 FEET TO 8 FEET FOR
12 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF JERSEY
BOULEVARD BETWEEN UTICA AND VINCENT AVENUES IN THE
MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9),
AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-143-
07, 08, & 09
RESOLUTION NO. 89-317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING MINOR DEVELOPMENT REVIEW
NO 87-71, LOCATED AT 10807 JERSEY BOULEVARD IN THE
MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) OF
THE INDUSTRIAL SPECIFIC PLAN AND MAKING FINDINGS IN
SUPPORT THEREOF - APN 209-143-07, 08 & 09
MOTION: Moved by Alexander, seconded by Wright to continue Item D27 to July 19,
1989. Motion carried unanimously, 3-0-2 (Brown and Buquet absent).
E. CONSENT ORDINANCES
El. CONSIDERATION OF AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
FOR PRIVATE STREET DESIGNATION AND EXEMPTION FROM STREET DEDICATION AND
CONSTRUCTION REQUIREMENTS (1110-10 STREET)
Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 58-C.
ORDINANCE NO. 58-C (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING SECTION 12.08,055 TO THE
RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN
EXEMPTION FOR PRIVATE STREETS FROM STREET DEDICATIONAND
CONSTRUCTION REQUIREMENTS
City Council Minutes
July 5, 1989
Page 12
MOTION: Moved by Wright, seconded by Alexander to waive full reading and to
approve Ordinance No. 58-C. Motion carried unanimously, 4-0-1 (Buquet absent).
(32) E2. ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT - CITY OF RANCHO
CUCAMONGA - Various amendments to Title 16, the Subdivision Ordinance, regarding
appeal periods, approval periods, and extensions. (1002-0-8 SUBDIVIS)
Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 28-C.
ORDINANCE NO. 28-C (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE REGARDING SUBDIVISIONS
MOTION: Moved by Wright, seconded by Alexander to waive full reading and to
approve Ordinance No. 28-C. Motion carried unanimously, 4-0-1 (Buquet absent).
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(33) E3. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 89-02 -
CITY OF RANCHO CUCAMONGA - An amendment to the land use definition of "Building
Maintenance Services" to include small operation contractors which meet certain
criteria. (0203-05 INDUS SP)
Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 396.
ORDINANCE NO. 396 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCMO
CUCAMONGA, CALIFORNIA, AMENDING THE INDUSTRIAL SPECIFIC
PLAN TO INCLUDE SMALL OPERATION BUILDING CONTRACTORS
WHICH MEET CERTAIN CRITERIA IN THE LAND USE DEFINITION
OF "BUILDING MAINTENANCE SERVICES"
MOTION: MoVed by Wright, seconded by Alexander to waive full reading and to
approve the Ordinance No. 396. Motion carried unanimously, 4-0-1 (Buquet
absent).
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F. ADVERTISED PUBLIC HEARINGS
(34) F1. CONSIDERATION OF AMENDING TITLE 12 OF THE RANCHO CUCANONGA MUNICIPAL CODE
ALLOWING EXCLUSION OF THE CONSTRUCTION OF SIDEWALKS ON RESIDENTIAL STREETS
Continued from June 21, 1989 meeting (1110-10 SIDWALK PI)
City Council Minutes
July 5, 1989
Page 13
Mayor Stout stated that he had asked for this Ordinance to come back for a first
reading with the intent of the Ordinance added. He opened the meeting for
public hearing. There being no response, the public hearing was closed.
Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 58-D.
ORDINANCE NO. 58-D (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, ADDING SECTION 12.08.040(A) TO
THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN
EXEMPTION FROM THE CONSTRUCTION OF SIDEWALKS ON CERTAIN
RESIDENTIAL STREETS
MOTION: Moved by Alexander, seconded by Wright to waive full reading and set
second reading of Ordinance No. 58-D for July 19, 1989. Motion carried
unanimously, 4-0-1 (Buquet absent).
G. PUBLIC HEARINGS
G1. CONSIDERATION TO APPROVE RESOLUTIONS DECLARING RESULTS OF ELECTION,
AUTHORIZING PRELIMINARY ISSUANCE OF BONDS, AND LEVYING ANNUAL SPECIAL TAX AND
FIRST READING OF ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES FOR COMMUNITY
FACILITIES DISTRICT 88-2 (0702-03 ELECTION) (0403-01 COM FAC DI) (0401-00 REV
& TAX)
Jack Lam, City Manager, stated that the election has taken place on this
Community Facilities District since the last meeting, and that it is being
recommended that the Resolutions and Ordinance be approved by the City Council.
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
Councilwoman Wright asked Warren Diven, Bond Counsel for this project, what was
the maximum amount of property tax that could be raised under Proposition 13.
Warren Diven, Bond Counsel, stated the maximum amount to be increased under
Proposition 13 is 2%, but stated under this Community Facilities District the
Council has the authority to increase the property taxes to 4% which included
the law enforcement services.
Mayor Stout asked if this could conceivably be more than 4%.
Warren Diven, Bond Counsel, stated yes.
City Council Minutes
July 5, 1989
Page 14
(35)
RESOLUTION NO. 89-318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A
"MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982" SPECIAL
TAX AND BOND AUTHORIZATION ELECTION
MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-318.
Councilwoman Wright asked for discussion on this matter, and further stated that
what they were trying to do bothered her. She stated she felt that the Council
is trying to approve something that is going beyond what the tax payers really
want. She further added that the people that voted for this are not even the
people that are going to be living in this area, and did not feel this was fair
for the people that would be moving into this area, because they would not have
a say in this matter. She felt this was the reason why the Council has not
heard anyone opposing this, and stated that was why she would be voting no.
Mayor Stout asked if there were increases would there be a public hearing to
approve them.
Warren Divert, Bond Counsel, stated that there would not necessarily have to be
a public hearing unless the City Council wanted it done that way. He said each
year the Council would have to levy the taxes for the coming year.
Mayor Stout asked Councilwoman Wright if she would feel better about this if
the increases were handled through a public hearing.
Councilwoman Wright stated no.
James Markman, City Attorney, stated when a first time home buyer goes to buy
a house, that this property tax situation would be explained to them, which
would be required by law. He further added that this may not be so with the
second and third property owners.
Councilwoman Brown stated her concern is not one assessment district fee, but
the multiple fees that may go into place that would be incumbering the new
residents moving in.
Councilwoman Wright further added her concern was that the Council, by a 3-2
vote, could increase property taxes at any given time on top of all of the other
taxes that people are already assessed for. She reiterated her concern for the
4% increase of taxes where Proposition 13 only allows for 2%, and stated again
she feels this is where the Council is crossing the line.
Councilman Alexander asked if there was a way to be able to reverse this
decision that the Council was going to make.
Warren Divert, Bond Counsel, stated that there are provisions to do this.
City Council Minutes
July 5, 1989
Page 15
MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-318.
Motion carried unanimously, 4-0-1 (Buquet absent).
Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 397.
ORDINANCE NO. 397 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL
TAX IN A COMMUNITY FACILITIES DISTRICT
MOTION: Moved by Wright, seconded by Brown to waive full reading of Ordinance
No. 397. Motion carried unanimously, 4-0-1 (Buquet absent).
MOTION: Moved by Alexander, seconded by Brown to set second reading of
Ordinance No. 397 for July 19, 1989. Motion carried, 3-1-1 (Wright voted no,
Buquet absent).
RESOLUTION NO. 89-319
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING PRELIMINARY ISSUANCE
OF BONDS OF A COMMUNITY FACILITIES DISTRICT
RESOLUTION NO. 89-320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX
FOR A COMMUNITY FACILITIES DISTRICT
MOTION: Moved by Alexander, seconded by Brown to approve Resolution Nos. 89-
319 and 89-320. Motion carried, 3-1-1 (Wright voted no, Buquet absent).
Councilwoman Brown stated her yes vote is for the annexation for outside the
City limits, she did not approve it within the City limits.
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H. CITY MANAGER'S STAFF REPORTS
HI. PRESENTATION BY SANBAG STAFF REGARDING PROPOSAL FOR COUNTY-WIDE BALLOT
MEASURE FOR TRANSPORTATION PURPOSES (Oral Report) (1206-06 TRANSPORT)
Mayor Stout stated that it is being requested this item be continued to July 19,
1989, since the Resolution was not available for the City Council to consider.
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(37)
(37)
(38)
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City Council Minutes
July 5, 1989
Page 16
(39)
(4o)
H2. CONSIDERATION OF ESTABLISHING PARK WATCH PROGRAM. - PARKS WATCH is a crime
prevention program which enlists the active participation of citizens in
cooperation with law enforcement to reduce crime within the City of Rancho
Cucamonga. Continued from June 21, 1989 meeting. Staff report was presented
by Jack Lam, City Manager. (1404-05 PARK)
Councilwoman Brown asked if the telephone number for the Sheriff's Department
could be added to the bottom of Page 206 in the Agenda packet.
Mayor Stout opened the meeting for public comments.
the public comments were closed.
There being no response,
MOTION: Moved by Brown, seconded by Alexander to authorize the expenditure of
$5,000 for this program. Motion carried unanimously, 4-0-1 (Buquet absent).
H3. CONSIDERATION OF NAME CHANGE FOR DON TAPIA PARK TO DON TIBURCIO TAPIA
PARK. Staff report was presented by Joe Schultz, Community Services Manager.
(1404-05 PARK)
MOTION: Moved by Wright, seconded by Brown to change the name of Don Tapia Park
to Don Tiburcio Tapia. Motion carried unanimously, 4-0-1 (Buquet absent).
H4. ANNEXATION 89-03 - BLACKMON HOMES, INC. - A request to approve the Tax
Revenue Exchange for the annexation proceedings (LAFCO 2547) between the County
of San Bernardino and the City of Rancho Cucamonga for approximately 25 acres
of vacant land located at the northeast corner of Highland and Rochester Avenues
- APN 225-152-01, 02, 03, 04, and 18. Staff report was presented by Jack Lam,
City Manager. (0702-02 ANNEXATION)
Mayor Stout opened the meeting for public comments. There being no response,
the public comments were closed.
RESOLUTION NO. 89-321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF
PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN ANDAMONG
THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO
CUCAMONGA RESULTING FROM THE JURISDICTIONAL CHANGE
DESCRIBED BY LAFCO NO. 2547
MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-321.
Motion carried unanimously, 4-0-1 (Buquet absent).
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City Council Minutes
July 5, 1989
Page 17
I. COUNCIL BUSINESS
I1. SOLID WASTE/RECYCLING UPDATE - Council Subcommittee for Solid
Waste/Recycling recommends adopting a Resolution establishing waste reduction
goals and endorsing a comprehensive solid waste reduction strategy; Subcommittee
is also recommending establishing a local environmental quality/resource
recovery committee. Staff report was presented by Diane O'Neal, Administrative
Analyst. (1170-09 WASTE SOL) (1170-04 RECYCLE)
Councilwoman Wright informed the City Council about the things she had learned
at their recycling conference, and of the things she had been made aware of..
She also informed the City Council about the duties of the Technical Committee
that the subcommittee was recommending. She added that this Technical Committee
would be an ongoing committee that would be giving reports back to the City
Council.
Councilwoman Brown stated that it is a lot of work to do this, and that both the
City Council and staff needs assistance to work on this program.
Councilman Alexander felt this committee might be a substitution for the
Citizens Advisory Commission.
Councilwoman Brown felt the City Council should approve the concept to form the
committee, and for staff to come back to the City Council after they have talked
with the Advisory Commission and other commissions to see who would be
interested in working on this program.
Mayor Stout felt this would be something like a task force.
Councilwomen Wright and Brown concurred.
RESOLUTION NO. 89-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING WASTE REDUCTION
GOALS AND ENDORSING A COMPREHENSIVE SOLID WASTE
REDUCTION STRATEGY
MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-322
and to establish the concept of the task force with this information coming back
to the City Council at the July 19, 1989 meeting. Motion carried unanimously,
4-0-1 (Buquet absent).
I2. DISCUSSION ON INITIATING A DEVELOPMENT CODE AMENDMENT TO ESTABLISH (43)
STANDARDS FOR CAR WASHES (0203-03 DE AMEND)
Brad Bullet, City Planner, stated at a Planning Commission meeting a month ago,
the matter of car washes in neighborhood commercial centers was discussed by
them for potential code amendments. During the discussion, the Commission
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City Council Minutes
July 5, 1989
Page 18
considered whether code amendments were necessary right now, or whether they
would take it under advisement and direct staff to prepare a study for possible
code amendments to address car washes in neighborhood commercial centers. He
stated the Planning Commission took action at that meeting that it was important
to study the matter, and asked this be placed on the work program, but in the
interim they requested that a Memorandum of Understanding as to policies of car
washes and the review of those car washes be worked up. The Planning Commission
found car washes to be appropriate uses within neighborhood commercial centers,
subject to a Conditional Use Permit. The Conditional Use Permit gives the
Commission and the Councilsfull discretion of the review of those proposals to
set any standards so the standards could be increased. He added it is still
subject to the Conditional Use Permit with a Memorandum of Understanding, and
will be going back to the Commission this month.
Mayor Stout stated he thought, when this was discussed at the Council level,
that Mr. Bullet indicated there could be a performance criteria developed that
would eliminate this from occurring in certain types of shopping centers. He
referred to the shopping center located on Lemon and Haven that seemed to be so
small, in his estimation, it does not really qualify what was considered to be
a neighborhood/commercial type center. He stated that when he hears the words
"Conditional Use Permit" he always gets the impression that there are conditions
that can be written for this particular type of use, that it is just a matter
of finding out what they are, instead of saying in certain situations that it
is just not appropriate.
Brad Bullet, City Planner, stated it is still the direction of the Commission
to do the study, and in the interim they would prepare the Memorandum of
Understanding as far as policies for review under the Conditional Use Permit.
Mayor Stout stated the problem is that there are probably only one or two
situations where this is going to arise in the whole City, and if we do not do
something about it now, 50% of those opportunities are going to be gone.
Brad Buller, City Planner, stated the Commission did discuss that, but they said
that the Conditional Use Permit process does give the Commission and Council the
discretion to say no.
Councilwoman Wright stated that as she understands it, the reason this was on
the Council agenda is because the people had gone to the Planning Commission,
but that the Commission stated they did not have time at the present to change
this policy. The Developer has received another proposal for a car wash at
Lemon and Haven, and in order for the Council to develop that criteria to apply
to him, the Planning Commission has to do something now. She said that is the
reason she had it brought on to this agenda so that the Council could instruct
the Planning Commission to do something immediately.
Mayor Stout stated the Developer has resubmitted, he is going to go back through
the same process, and waste everybody's time again. He thought the Council had
made it perfectly clear to the Developer that they were not real receptive to
the use of that location.
City Council Minutes
July 5, 1989
Page 19
Councilwoman Wright stated the Developer is resubmitting and they are upset now.
Brad Buller, City Planner, stated the Developer has resubmitted, and that the
Planning Department can come up with some criteria, but that the Developer's
proposal will probably beat the processing of the amendment by timing, because
the amendment needs to go through both the Planning Commission Public Hearing,
and City Council.
Councilwoman Wright stated that Dan Coleman told the residents the other day
that it would not.
Brad Buller, City Planner, stated that it would be awfully close.
James Markman, City Attorney, asked if Mr. Buller would do a full EIR? He
stated that if the Planning Department had to do a full EIR, it would take a lot
of time.
Mayor Stout concurred.
MOTION: Moved by Stout, seconded by Wright for staff to proceed with
preparation of criteria for reviewing car washes within neighborhood commercial
districts. Motion carried unanimously, 4-0-1 (Buquet absent).
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J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J1. Mayor Stout stated he had asked for an update on the Morrow lawsuit at the
last meeting, and that he had not received anything on this.
James Markman, City Attorney, stated there was correspondence that had been
written approximately three weeks prior to that request, and that the Council
probably just had not received it yet. He further added this may be something
the Council may want to discuss in Executive Session.
Mayor Stout stated he would still like this to come back on the City Council
Agenda, and if he felt it needed to be discussed in Executive Session, he would
do so.
J2. Councilwoman Brown stated she had two Resolutions pertaining to SANBAG to
come back on the next agenda.
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K. COMMUNICATIONS FROM THE PUBLIC
K1.
Cheryl Pearson, 9639 Whirlaway, stated she is in favor of the task force
for the recycling issue, and felt the community was ready for this type
of a program. She stated she was interested in serving on the committee.
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City Council Minutes
July 5, 1989
Page 20
L. ADJOURNMENT
MOTION: Moved by Alexander, seconded by Wright to adjourn to July 11, 1989 at
7:00 p.m. at the Lions Park Community Center for a joint meeting of the City
Council and School Districts. Mayor Stout stated he would like to add an item
to that agenda titled "Recycling and Education Efforts". Motion carried
unanimously, 4-0-1 (Buquet absent).
Approved:
August 2, 1989
Respectfully submitted,
Deputy City Clerk