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HomeMy WebLinkAbout1988/11/16 - Minutes November 16, 1988 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. C~T.T. TO ORDER A regular meeting of the City Council of tb? City of Rancho Cucamonga met on Wednesday, November 16, 1988, 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: Deborah N. Brown, Charles J. Buquet II, Jeffrey King, Pamela J. Wright (arrived at 7:35 p.m.), and Mayor Dennis L. Stout. Also present were: City Manager, Lauren M. Wasserman; City Clerk, Beverly A. Authelet; Deputy City Attorney, Andrew Arczynski; City Engineer, Russell Maguire; Senior Civil Engineer, Mike Olivier; Associate Civil Engineer, Joe Stofa; Senior Planner, Larry Henderson; Administrative Analyst, Diane O'Neal; Disaster Prepardness Coordinator, Marti Higgins; Building Official, Jerry Grant. B. ANNOUNCEMENTS/PRESENTATIONS B1. Mr. Wasserman requested that Item G7 be moved forward because there were some people present who had a 9:00 p.m. airplane to catch. C. CONSENT CALENDAR Cl. Approval of Minutes: October 19, 1988. C2. Approval of Warrants, Register NoB. 11/2/88 and 11/9/88, and Payroll ending 10/27/88 for the total amount of $1,758,828.64. C3. Alcoholic Beverage Application for On-Sale Beer & Wine Eating Place for Jersey Deli, Aleksan A. Bedrosian, 10700 Jersey Boulevard, #100. C4. Approval to execute Improvement Agreements Extension for Tract 12944 located on the east side of Milliken Avenue north of Hillside Road submitted by Marlborough Development. (AGREE EXTN 0602-01) RESOLUTION NO. 88-665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12944 (1) City Council Minutes November 16, 1988 Page 2 (2) (3) (4) & (5) C5. Approval of Improvement Agreement and Improvement Security for Tract 10210 located on the north side of Almond Avenue, east of Sapphire Street submitted by Nordic Development Company, a General Partner of Skyline I, Limited; and release of Improvement Agreement and Improvement Security accepted by City Council on September 4, 1985 submitted by Forecast Mortgage Company. (0602-01 AGREE IMPR) RESOLUTION NO. 88-628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY FOR TRACT 10210 AND RELEASING THE IMPROVEMENT AGREEMENT AND SECURITY PREVIOUSLY ACCEPTED C6. Approval of Improvement Agreement, Improvement Security, and Monumentation cash deposit for Tract 13441 located at the northeast corner of Victoria Park Lane and Kenyon Way submitted by Grupe Development Company, Southern California; and release of previously submitted Improvement Agreement and Security, and Monumentation deposit accepted by City Council. (0602-01 AGREE IMPR) RESOLUTION NO. 88-666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 13441 AND RELEASING THE IMPROVEMENT AGREEMENT AND SECURITY PREVIOUSLY ACCEPTED BY CITY COUNCIL ON DECEMBER 16, 1987 C7. Approval of Map, Improvement Agreement, Improvement Security, and ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance Districts Nos. 1 and 2 for Tract 13367 located on the north side of Highland Avenue between Amethyst Street and Hellman Avenue submitted by Homecoming Partners, Ltd. (1002-09 MAP FINAL) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 88-667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13367 RESOLUTION NO. 88-668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. i AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13367 City Council Minutes November 16, 1988 Page 3 C8. Approval of Parcel Map 10783 and ordering the annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District Nos. 1 and 2 located at the northwest corner of Archibald Avenue and Hillside Road submitted by Peter Tolstoy. (1002-09 MAP PARCEL) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 88-669 A RESOLUTION OF THE CITY COUNCIl'OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCELMAP NUMBER 10783 (TENTATIVE PARCEL MAP NO 10783) RESOLUTION NO. 88-670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPEMAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR PARCEL MAP 10783 C9. Approval of a Subordination Agreement (CO 88-188) for street improvements at 12720 Amber Lane submitted by Richard L. Batson and Sharon Phillips. (0602- 01 AGREE SUB) RESOLUTION NO. 88-671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM RICHARD L. BATSONAND SHARON PHILLIPSAND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME C10. Approval of a contract (CO 88-189)' with San Bernardino County Flood Control District for funding of the Day Creek Phase 2A improvements from Base Line Road to approximately 1.5 miles north of Highland Avenue in an amount not to exceed $10.5 million to be funded from Day Creek construction fund Account No. 86-4637-6028. (0602-01 CONTRACT) C11. Approval to accept for maintenance the Haven Avenue Median Improvements Phase I from Arrow Route to 19th Street as complete, release bonds, authorize the City Engineer to file a Notice of Completion. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RAVEN AVENUE MEDIAN IMPROVEMENTS, PHASE I, FROM ARROW ROUTE TO 19TH STREET AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (6) & (7) (8) (9) (lo) City Council Minutes November 16, 1988 Page 4 (n) (12) (13) (14) C12. Approval to accept for maintenance the Haven Avenue Median Improvements Phase II from 4th Street to Arrow Route as complete, release bonds, authorize the City Engineer to file a Notice of Completion. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-673 A RESOLUTION OF THE CITY COUNCIb OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE HAVEN AVENUE MEDIAN IMPROVEMENTS, PHASE II, FROM 4TH STREET TO ARROW ROUTE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE C13. Approval to accept for maintenance the Base Line Road Widening Improvement Project from Archibald Avenue to Hellman Avenue as complete, release bonds, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $312,713.00. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE BASE LINE ROAD WIDENING IMPROVEMENT PROJECT FROM ARCHIBALD AVENUE TO HELLMAN AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C14. Approval to accept the Archibald Avenue Entry Monument Project at 4th Street (CO 88-056) as complete, release bonds, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $132,856.45. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ARCHIBALD AVENUE ENTRY MONUMENTS AT 4TH STREET AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C15. Approval to accept the Lion Street Improvement Project, south of 9th Street (CO 88-093) as complete, release bonds, and authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $57,161.71. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 88-676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE LION STREET, SOUTH OF 9TH STREETAND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes November 16, 1988 Page 5 C16. Approval to assign an Adult Crossing Guards at: (1402-03 CROS GUARD) The corner of 19th Street and Hermosa Avenue for Deer Canyon Elementary School. The corner of Hermosa Avenue and Wilson Avenue for Hermosa Elementary School. C17. Approval of an agreement (CO 88-190) ~ith San Bernardino County Library for fiscal year 1988/89 to expand hours of operation for the R. C. Branch Library and to enhance the book collection. (0602-01 CONTRACT) (1601-06 LIBRARY) C18. Approval of intention to construct the Alta Loma Storm Drain between Alta Loma Basin No. 3 and Hermosa Avenue within Assessment District 84-2 and call for bids for said storm drain construction, Assessment District No. 84-2 (Alta Loma Storm Drain) - Bid No. 2, to be funded from Account No. 80-4637-6028. (0401-03 AL STRM DR) RESOLUTION NO. 88-677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CHANGES AND MODIFICATIONS IN THE WORE IN A SPECIAL ASSESSMENT DISTRICT AND SETTING PUBLIC HEARING RESOLUTION NO. 88-678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS C19. Approval to repay the Reimbursement Agreement between the Alta Loma Channel Capital Improvement Fund and the Reserve Fund in the amount of $65,000. (040104 PAY AUTH) C20. Approval to execute the contract (CO 88-191) for the landscape maintenance contract for: General Fund Parkways (various locations); Landscape Maintenance Assessment District No. I (city wide); Landscape Maintenance Assessment District No. 3 (Hyssop); Landscape Maintenance Assessment District No. 5 (26th and Hermosa) to Landscape West, Inc. of Los Angeles for the amount of $219,480 to be funded from Engineering/Maintenance Contract Service Account Nos. 01-4647- 6028, 40-4130-6028, 42-4130-6028, and 44-4130-6028. (0602-01 CONTRACT) C21. Approval to execute the contract (CO 88-192) for landscape maintenance contract for Landscape Maintenance Assessment Districts No. 2 (Victoria) and No. 4 (Terra Vista) to Landscape West, Inc. of Los Angeles for the amount of $203,652 to be funded from Account Nos. 41-4130-6028 and 43-4130-6028. (0602- 01 CONTRACT). (15) (16) (~7) ('~8) (19) (2O) City Council Minutes November 16, 1988 Page 6 (2i) (22) (23) (24) C22. Approval and execution of Change Order No. 1 (CO 88-051) for Professional Services Agreement with John Cutler and Associated, Inc. to perform relocation services for Arrow Route Widening from Archibald to Hermosa. Contract to be expanded by $7,000 to bring contract total to $41,000 to be paid from Account No. 22-4637-8618. (0602-01 CONT AMEN) C23. Approval to release cash deposit to: (0602-01 BOND REL) Republic Development Company in the amount of $2,500 for model home sales office for Tract 13059. Warmington Homes in the amount of $2,500 for model home sales office for Tract 13022. MOTION: Moved by King, seconded by Buquet to adopt the Consent Calendar. Motion carried 4-0-1 (Wright absent). D. CONSENT ORDINANCES D1. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT 88-01 - CITY OF RANCHO CUCAMONGA - Various amendments to the Sign Ordinance regarding neon signs and window signs. (0807-02 SIGN) City Clerk Authelet read the title of Ordinance No. 358. ORDINANCE NO. 358 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 88-01, ENDING TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO MODIFY REGULATIONS FOR NEON AND WINDOW SIGNS MOTION: Moved by Buquet, seconded by King to approve the the Consent Ordinance No. 358 and to waive further reading. Motion carried 4-0-1 (Wright absent). (* * Councilwoman Wright arrived at 7:35 p.m. * *) Item G7 was moved forward and heard at this point on the Agenda, however, the minutes will remain in printed Agenda format. , , , , , E. ADVERTISED PUBLIC HEARINGS El. ENVIRONMENTAL ASSESSMENT AND VARIANCE 88-16 - PULSAR - Appeal of Planning Commission's decision approving a request to reduce the minimum lot depth from 100 feet to 94 feet and 95 feet for two lots in conjunction with a residential subdivision of 154 single family lots on 71.33 acres of land located west of City Council Minutes November 16, 1988 Page 7 Etiwanda Avenue between Summit and Highland Avenues - APN 225-161-35, 36, 37, 38, 49, 53, 55, 61 and 225-171-01, 09, 10, 17. Continued from October 5, 1988 agenda. (0701-06 APPEAL) ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 13812 - PULSAR - Appeal of the Planning Commission's decision approving a residential subdivision of 154 single family lots on 71.33 acres of land in the Very Low Residential District (1-2 dwelling units per acre) of the EtiWanda Specific Plan and the Low Residential General Plan Designation (2-4 dwelling units per acre). Continued from October 5, 1988 agenda. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Brown, seconded by Buquet to continue the item to December 7, 1988. Motion carried unanimously 5-0. , , , E2. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 13738 - RODINE COMPANY - Appeal of 6 conditions of approval pertaining to utility undergrounding, street dedications and improvements, emergency access, and storm drain facilities for a residential subdivision of 18 single family lots on 12.88 acres of land in the Very Low Residential District of'Sapphire Street, south of Almond Street - APN 1061-091-03. Staff report presented by Joe Stofa, Associate Civil Engineer. (0701-06 APPEAL) Mayor Stout opened the meeting for public hearing. Addressing Council was: Alan Donally, General Counsel representing Rodine, stated that the City Ordinance states that there are 15 days for an appeal, but they were told they only had 10 days to appeal. Councilman King stated that because of a possible conflict and litigation on some property on Almond, he would remove himself from discussion on this issue. (* * Councilman King left the Council Chambers * *) Mayor Stout pointed out that he felt uncomfortable without the expertise and comments from Planning Commission and felt this should go back to the Planning Commission for consideration. Mr. Arczynski stated that if the applicant concurs, then the City Council can defer this back to the Planning Commission. He also stated that Council should close the public hearing and refer back to the Planning Commission if that is their desire. RESOLUTION NO. 88-679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AREQUEST FOR TENTATIVE TRACT 13738, TO PERMIT DEVELOPMENT OF AN 18-LOT RESIDENTIAL SUBDIVISION OF 12.88 ACRES OF LAND IN THE (25) City Council Minutes November 16, 1988 Page 8 (26) (27) VERY LOW RESIDENTIAL DISTRICT AND LOCATED SOUTH OF ALMOND STREET AND WEST OF SAPPHIRE STREET - APN 1061- 091-03 MOTION: Moved by Wright, seconded by Brown to close the public hearing and refer the item back to the Planning Commission. Motion carried 4-0-1 (King absent). (* * Councilman King returned to the Council Chambers , *) E3. ENVIRONMENTAL ASSESSMENTAND CONDITIONAL USE PERMIT 88-28 - PERRY - Appeal of Planning Commission's decision denying the development of a 5,915 square foot retail building on .52 acres of land within an existing shopping center in the Community Commercial District of the Foothill Specific Plan, located on the southwest corner of Foothill Boulevard and Malachite Avenue - APN 208-261-20. (0701-06 APPEAL) MOTION: Moved by Buquet, seconded by Wright to continue the Item to December 7, 1988 at the request of the applicant. Motion carried unanimously 5-0. · , , (NOTE: Item G2 - Annexation 88-04 - was considered along with this Item, but the minutes will remain in Agenda order.) E4. ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT (CO 88-193) 88-04 - AHMANSON DEVELOPMENT, INC. - A request to approve an Annexation Agreement. Staff report was presented by Larry Henderson, Senior Planner. (0602-01 AGREE ANEX) Mayor Stout opened the meeting for public hearing. Addressing Council was: Craig Page, Ahmanson Development, stated he was available to answer any questions of Council. There being no further public response, Mayor Stout closed the public hearing. (* * Councilman Buquet left the Council Ckambers * ,) RESOLUTION NO. 88-680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 88-04, (AHMANSON DEVELOPMENTS, INC.), FOR DEVELOPMENT AND ANNEXATION OF APPROXIMATELY 53 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUEAND 25TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes November 16, 1988 Page 9 MOTION: Moved by King, seconded by Stout to approve Resolution No. 88-680. Motion carried 4-0-1 (Buquet absent). DEVELOPMENT AGREEMENT (CO 88-194] 88-03 - AHMANSON DEVELOPMENTS, INC. - A request to approve a Development Agreement. (0602-01 AGREE DEV) ORDINANCE NO. 377 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 88-03 (AHMANSON DEVELOPMENTS, INC.) FOR APPROXIMATELY 53 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND 25TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 88-07 - AHMANSON DEVELOPMENTS, INC. - A request to pre-zone approximately 53 acres of vacant land located at the southwest corner of Etiwanda Avenue and 25th Street to Low Density Residential (2-4 dwelling units per acre) - APN 225-082-01. (0203-09 DD AMEN) City Clerk Authelet read the title of Ordinance Nos. 377 and 378. ORDINANCE NO. 378 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 88-07 (AHMANSON DEVELOPMENTS, INC.), A PRE- ZONE OF APPROXIMATELY 53 ACRES OF VACANT LAND LOCATED AT THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND 25TH STREET TO LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by King, seconded by Wright to waive full reading of said Ordinance Nos. 377 and 378 and to set second reading for December 7, 1988. Motion carried 4-0-1 (Buquet absent). (* * Councilman Buquet returned to Council Chambers * *) , , E5. ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT (CO 88-195 AND 88-196) 88-03 - CARYN COMPANY (ETIWANDA HIGHLANDS) - A request to approve an Annexation Agreement (includes reimbursement agreement). Staff report presented by Larry Henderson, Senior Planner. (0602-01 AGREE ANEX) Mayor Stout opened the meeting for public hearing. Addressing Council was: Joe DiIorio, Caryn Company, stated the property involved has two tracts, and the design standards are up to City standards. The maps will record this month, but the design questions will go through the City. (28) (29) (30) & (31) City Council Minutes November 16, 1988 Page 10 (32) (33) There being no further public response, Mayor Stout closed the public hearing. RESOLUTION NO. 88-681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREEMENT 88-03, (CARYN COMPANY - ETIWANDA HIGHLANDS)'-FOR DEVELOPMENT AND ANNEXATION OF APPROXIMATELY 282 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF 24TH STREET (SUMMIT AVENUE) AND WARDMAN BULLOCK ROAD (INCLUDING A REIMBURSEMENT AGREEMENT) MOTION: Moved by King, seconded by Buquet to adopt Resolution No. 88-681. Motion carried unanimously 5-0. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT ~CO 88-199) 88-02 - CARYN COMPANY - A request to approve a Development Agreement for the Etiwanda Highlands Planned Community. (0602-01 AGREE DEV) City Clerk Authelet read the title of Ordinance No. 379. ORDINANCE NO. 379 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 88-02 (CARYN COMPANY) FOR THE ETIWANDA HIGHLANDS PLANNED COMMUNITY CONSISTING OF APPROXIMATELY 546 DWELLINGUNITS ON APPROXIMATELY 282 ACRES OF VACANTLAND LOCATED AT THE NORTHEAST CORNER OF 24TH STREET (SUMMIT AVENUE) AND WARDMAN BULLOCK ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by King, seconded by Buquet to waive full reading of said Ordinance 379 and to set second reading for December 7, 1988. Motion carried unanimously 5-0. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 88-04 (PRE- ZONE) - CARYN COMPANY [ETIWANDA HIGHLANDS) - A request to pre-zone approximately 546 dwelling units on about 282 acres of vacant land located at the northeast corner of 24th Street (Summit Avenue) and Wardman Bullock Road to the Etiwanda Highlands Planned Community - APN 226-082-16 and 24-27. (0203-09 DD AMEN) City Clerk Authelet read the title of Ordinance No. 380. ORDINANCE NO. 380 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DDA 88-04 CARYN COMPANY, A PRE-ZONE FOR APPROXIMATELY 282 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF 24TH STREET (SUMMIT AVENUE) AND WARDMAN BULLOCK ROAD TO PLANNED COMMUNITY, AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes November 16, 1988 Page 11 MOTION: Moved by King, seconded by Buquet to waive full reading of said Ordinance and set second reading for December 7, 1988. Motion carried unanimously 5-0. ENVIRONMENTAL ASSESSMENT AND ANNEXATION 88-03 - CARYN COMPANY {ETIWANDA HEIGHTS) - A request to annex approximately 303 acres of land located at the northeast corner of 24th Street (Summit Avenue) and Wardman Bullock Road (LAFCO 2505) - APN 226-082-16, 24-27. (0702-02 ANE. X_) MOTION: Moved by Buquet, seconded by King to continue this to January 18, 1989. Motion carried unanimously 5-0. , , , E6. DEVELOPMENT AGREEMENT (CO 88-197) 83-01 - HERITAGE PARK APARTMENTS - A request by the City to amend Section 18, Maintenance Guaranty, of an existing Development Agreement for the senior housing project located on Lomita Court, west of Archibald Avenue - APN 202-152-34. Staff report presented by Larry Henderson, Senior Planner. (0602-01 AGREE DEV) (1402-03 SR CITIZEN) ORDINANCE NO. 381 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NUMBER 2 REGARDING MAINTENANCE GUARANTY, TO AN EXISTING DEVELOPMENT AGREEMENT FOR HERITAGE PARK APARTMENTS, A SENIOR HOUSING PROJECT DEVELOPMENT AGREEMENT (CO 88-198) 85-01 - RUDOLPH HENDRICKSON SENIOR APARTMENTS - A request by the City to amend Section 22, Maintenance Guaranty, of an existing Development Agreement, for the senior housing project located on the west side of Amethyst Avenue, north of I9th Street - APN 201-232-24. (0602- 01 AGREE DEV) (1402-03 SR CITIZEN) ORDINANCE NO. 382 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NUMBER 1, REGARDINGMAINTENANCE GUARANTY, TO DEVELOPMENT AGREEMENT 85-01 (RUDOLPH HENDRICKSON SENIOR APARTMENTS), A SENIOR HOUSING PROJECT Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilwoman Wright stated she had talked with Wilma Brenner who had stated she did not want Council to change this, she felt that to change this would be to break away from the original intention. Mayor Stout asked if we could add a section in the Development Code on maintenance for senior citizen projects. (34) (35) (36) City Council Minutes November 16, 1988 Page 12 (37) (38) After further discussion Council took the following action. MOTION: Moved by Wright, seconded by Buquet to continue the Item to December 21, 1988 to work on concerns presented. Motion carried unanimously 5-0. , , E7. ENVIRONMENTAL ASSESSMENT AND ANNEXATION 88-02 - T.P. MELCHER {ETIWANDA HEIGHTS) - A request for change of organization (annexation) of approximately 96 acres of land located at the northwest corner of 24th Street and the current extension of Etiwanda Avenue (LAFCO 2504) - APN 225-071-65. Staff report presented by Larry Henderson, Senior Planner. (0702-02 ANNEXATION) Mayor Stout opened the meeting for public hearing. Addressing Council was: Gary Mitchell, Consultant for the property owner, stated he was pleased to answer any questions, but they were anxious for the property to become part of the City. There being no further public response, Mayor Stout closed the public hearing. RESOLUTION NO. 88-682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A CHANGE OF ORGANIZATION (ANNEXATION) OF APPROXIMATELY 96 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF 24TH STREET AND THE CURRENT EXTENSION OF ETIWANDA AVENUE (LAFCO 2504) MOTION: Moved by King, seconded by Stout to adopt Resolution No. 88-682. Motion carried unanimously 5-0. , , , , , , F. PUBLIC HEARINGS F1. EMINENT DOMAIN ACTION TO ACOUIRE PUBLIC RIGHT-OF-WAY - Acquisition of public right-of-way for the Base Line Road Widening Project and the Day Creek Channel Project from the property located at future Day Creek Boulevard extension for construction of street improvements across the Base Line Road frontage of said property - APN 227-161-21. Staff report presented by Mike Olivier, Senior Civil Engineer. (1002-06 EM DOMAIN) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 88-683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY City Council Minutes November 16, 1988 Page 13 LOCATED ON BASE LINE ROAD AT FUTURE DAY CREEK BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Brown to adopt Resolution No. 88-683. Motion carried unanimously 5-0. , , F2. CONSIDERATION OF GRAFFITI ORDINANCE - First discussed November 2, 1988. (0704-07 VANDALISM) Report was presented by Mayor Stout who stated he did not feel this was acceptable because he did feel the property owner should have to pay for it. Councilman King stated that he was not sure exactly what graffiti was and thought there was a fine dividing line between free speech. Mayor Stout stated we should get closer to the City of Redlands Ordinance. Mr. Arczynski stated the next Ordinance will be different because it will deal with a nuisance portion. Councilwoman Wright wanted to have included that it was the intent to remove graffiti any where and any place where it occurs in the City. Mayor Stout concurred and felt it should be included in the beginning. ORDINANCE NO. 383 (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 8.24 PROVIDING A PROGRAM FOR THE REMOVAL OF GRAFFITI AND OTHER INSCRIBED MATERIALS FROM WALLS AND STRUCTURES ON BOTH PUBLIC AND PRIVATE PROPERTY MOTION: Moved by Wright, seconded by King to continue Ordinance No. 383 to December 7, 1988 for modifications. Motion carried unanimously 5-0. , , (* * Mayor Stout called a recess at 9:25 p.m. The meeting reconvened at 9:40 p.m. with all members of Council present , *) , , , F3. PROHIBITION OF CHLOROFLUOROCARBON PROCESSED PACKAGING - Consideration of prohibiting chlorofluorocarbons (CFC's) in processed food packaging. Staff report presented by Diane O'Neal, Administrative Assistant. (1403-00 ENVIRON) (39) (40) City Council Minutes November 16, 1988 Page 14 (41) Mayor Stout opened the meeting for public hearing. Addressing Council was: Mike Mitchell, 10494 Kingston, representing the Chamber, felt this was another fine example of how the City and Chamber were working together. There being no further public response, Mayor Stout closed the public hearing. City Clerk Authelet read the title of Ordinance No. 371. ORDINANCE NO. 371 (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 8.22 ENTITLED "PROHIBITION OF CHLOROFLUOROCARBON PROCESSED PACKAGING" MOTION: Moved by Brown, seconded by Buquet to waive full reading of said Ordinance and set second reading for December 7, 1988. Motion carried unanimously 5-0. *** F4. CITY-WIDE SMOKING ORDINANCE - Consideration of an Ordinance permitting smoking in certain facilities and areas in the City. Staff report presented by Diane O'Neal, Administrative Assistant. (1403-00 ENVIRON) Mayor Stout opened the meeting for public hearing. Addressing Council was: Mike Mitchell, 10459 Kingston, expressed he was not fully in support of this Ordinance. There being no further public response, Mayor Stout closed the public hearing. Mr. Arczynski, City Attorney, recommended that in Section 8.20.170 the sum of $50.00 be dropped and replace it with a fee adopted by City Council. Councilman King felt the Ordinance was backwards and did not feel he should have to post a sign for smoking allowed. Councilwoman Brown expressed that 40% was over the national average and she would like to see this at 30%. City Clerk Authelet read the title of Ordinance No. 384. ORDINANCE NO. 384 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ADDING CHAPTER 8.20 TO TITLE 8 OF THE RANCHO CUCANONGA MUNICIPAL CODE REGULATING SMOKING WITHIN THE CITY OF RANCHO CUCAMONGA City Council Minutes November 16, 1988 Page 15 MOTION: Moved by King, seconded by Brown to waive full reading of said Ordinance and set second reading for December 7, 1988. Motion carried unanimously 5-0. , , , , , CITY MANAGER'S STAFF REPORTS G1. APPOINTMENT OF A PARK AND RECREATION ~VIEW TASK FORCE - Continued from October 19, 1988 meeting. (0701-01 APOINT TF) Mayor Stout stated he had received a letter from the Park and Recreation Commissioner declining to serve on this task force. MOTION: Moved by Brown, seconded by Stout to approve the following members of the task force. Motion carried 3-0-2 (Buquet and King - no). Rosie Macobb Margi Goldstein Jackie Amsler Scott Burke Andtea Blair Wilma Brenner Deborah Humphreys Norman Guith Becky Hardy Catherine Bridge Councilman Buquet stated he felt we should keep all ten who were recommended, which included Jeffery Seranka, and also add Catherine Bridge to the list. , , G2. ANNEXATION 88-04 - AHMANSON DEVELOPMENT - A request to approve the Tax Revenue Exchange for annexation proceedings (LAFCO 2518) between County of San Bernardino and City of Rancho Cucamonga for approximately 53 acres of vacant land located at the southwest corner of Etiwanda Avenue and 25th Street - APN 225-082-01. (0401-00 REV & TAX) RESOLUTION NO. 88-684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF THE PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2518 MOTION: Moved by King, seconded Wright to approve Resolution No. 88-684. Motion carried 4-0-1 (Buquet absent). , , G3. MISSION STATEMENT FOR EMERGENCY PREPAREDNESS - A Mission Statement for Emergency Preparedness as the City's intention before, during, and after a major emergency. Staff report presented by Marti Higgins, Disaster Preparedness Coordinator. (0201-00 DISASTER) (42) (4~) (44) City Council Minutes November 16, 1988 Page 16 (45) (46) (47) (48), (49) , (5O) & (51) MOTION: Moved by Wright, seconded by Brown to approve the Statement with the removal of the word "cost". Motion carried 4-0-1 (Buquet - no). , , G4. CONSIDERATION OF RED HILL LAKE FENCING ISSUE. Staff report presented by Lauren Wasserman, City Manager. (1404-06 PK DEVEL) Councilman King stated we needed to put in a fence and change the edge of the lake. MOTION: Moved by King to modify the lake to include a fence around the edge. Motion failed for a lack of second. Mr. Wasserman stated that staff would try to be sure that someone was on duty at the park at all times. G5. STATUS REPORT OF PUBLIC SAFETY COMMISSION INOUIRY INTO TRAFFIC SAFETY ISSUES REGARDING THE SAPPHIRE STREET COMMUNITY TRAIL. (1404-08 TRAILS) (1162- 02 TRAFFIC) ACTION: City Council received and filed the report. , , G6. STATUS ON WORK REMAINING FOR TRACT 13059, LOCATED ON THE WEST SIDE OF FAIRMONT AVENUE BETWEEN HIGHLAND AVENUE AND BASE LINE ROAD, AND TRACT 13060, LOCATED ON THE SOUTHWEST CORNER OF MILLIREN AVENUE AND FAIRMONT AVENUE, SUBMITTED BY WILLIAM LYON COMPANY. Continued from November 2, 1988 meeting. Staff report presented by Russell Maguire, City Engineer. (0602-01 AGREE EXTN) MOTION: Moved by Buquet, seconded by Wright to grant The William Lyon Company a 90-day extension for both bonds. Motion carried unanimously 5-0. , , G7. AUTHORIZING AND DIRECTING THE EXECUTION OF DOCUMENTS RELATING TO THE PURCHASE OF THE NORTHEAST COMMUNITY PARK SITE AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT. (0602-01 CONTRACTS - Contract Nos. CO 88-202 Fieldman & Rolapp; CO 88-203 Trust Agree; CO 88-204 Site Agree; CO 88-205 Lease Agree; CO88-206 Assign Agree; CO 88-207 By Laws) Addressing Council was Brian Quint of Jones, Hill, Hall and White, who went over the procedure for the purchase of the Northeast Community Park site. RESOLUTION NO. 88-685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A City Council Minutes November 16, 1988 Page 17 PURCHASE AGREEMENT, APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO MOTION: Moved by King, seconded by Buquet to adopt Resolution No. 88-685. Motion carried unanimously 5-0. Mayor Stout adjourned the City Council me~eing at 7:36 p.m. to the Rancho Cucamonga Public Improvement Corporation. For information regarding this item, see minutes of the Rancho Cucamonga Public Improvement Corporation dated November 16, 1988. , , , , , H. COUNCIL BUSINESS H1. DISCUSSION OF THE PROHIBITION OF DISPLAY OF X-HATED VIDEO COVERS. (0203- 05 ADULT BUS) Councilwoman Wright stated she wanted to know the state of things in our City, and for staff to bring back a report-of what we could do by the second week in December. Mayor Stout suggested that a survey be done and what measures have been taken to eliminate this problem. Councilwoman Wright asked if this could also include magazines. Mayor Stout stated we needed to find out if this was a problem, and what options were available. Councilman Buquet suggested that the Citizens Advisory Commission be included in this, and perhaps we could get the Chamber of Commerce involved. ACTION: Council concurred to bring the item back on December 7, 1988 for Citizens Advisory Commission concepts. , , H2. STATUS REPORT ON BUILDING INSPECTION ACTIVITIES AND COORDINATION. Staff report preeented by Jerry Grant, Building Official. (0807-01 CODE BLDG) ACTION: Council received and filed the report. , , , , , I. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilwoman Brown requested a report on the street sweeping schedule. (52) (53) City Council Minutes November 16, 1988 Page 18 J. COMMUNICATIONS FROM THE PUBLIC Mike (no last name), 12833 Carissa Court in Victoria, asked why Caltrans would not give permits to schedule traffic lights. Mr. Wasserman responded that the City Manager's in the area will be meeting with the Director of Caltrans, they do have a new Director, and that all cities in the area are experiencing the same problems. Mark Gutglueck, Etiwanda, addressed the Council regarding recent encounters with the Sheriff's Department. , , , · , K. ADJOURNMENT MOTION: Moved by King, seconded by Brown to adjourn the meeting. carried unanimously 5-0. The meeting adjourned at 12:00 midnight. Respectfully submitted, City Clerk Approved: February 1, 1989 Motion