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HomeMy WebLinkAbout1988/03/02 - Minutes March 2, 1988 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, March 2, 1988, in the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:40 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: Charles J. Buquet II, Jeffrey King, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: City Manager, Lauren M. Wasserman; City Attorney, James Markman; City Clerk, Beverly A. Authelet; Assistant City Manager, Robert A. Rizzo; Community Development Director, Jack Lam; City Planner, Brad Buller; City Engineer, Russell Maguire; Building Official, Jerry Grant; Deputy City Engineer, Bill Silva; Senior Planner, Dan Coleman; Associate Civil Engineer, Joe Stofa; Senior Civil Engineer, Paul Rougeau. Absent was Councilmember: Deborah N. Brown. B. ANNOUNCEMENTS/PRESEMEATIONS B1. Presentation of a Proclamation proclaiming March 6 - 12 as Girl Scout Week. B2. Presentation of a 10-Year Service Award to Lauren M. Wasserman, City Manager. C. CONSKME CALEI~DAR C1. Approval of Warrants, Register No's. 2/17/88 and 2/24/88 and Payroll ending 2/18/88 for the total amount of $844,699.94. C2. Approval to receive and file current Investment Schedule as of February 25, 1988. C3. site, DEVEL) Approval to solicit appraisals for the future North East Community Park a General Plan designation located in the Etiwanda area. (1404-06 PK (~) City Council Minutes March 2, 1988 Page 2 (2) C4. Deny appeal of the Planning Commission's decision Assessment and Tentative Tract 13579, Richard Ayoub, and Council action of a public hearing held February 17, 1988, for Environmental confirm the City (0701-06 APPEAL) RESOLUTION NO. 88-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO LUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE TENTATIVE TRACT NO. 13579, AN APPLICATION TO APPROVE A MULTI-FAMILY RESIDENTIAL DEVELOPMENT COMPRISE OF NINE UNITS ON .69 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT AND LOCATED ON THE EAST SIDE OF HELLMAN AVENUE, 325 FEET NORTH OF NINETEENTH STREET, RANCliO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF (3) C5. Approval of a proposal to designate the Schowalter House, located at 5495 Hermosa Avenue (northeast corner of Hermosa Avenue and Hillside Road), as Historic Landmark Designation No. 27 - APN 201-101-04. (1402-06 HISTORY) RESOLUTION NO. 88-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION NO. 27 TO DESIGNATE "THE SCHOWALTER HOUSE" LOCATED AT 5495 HERMOSA AVENUE (4) C6. Approval to declare as surplus equipment and authorize sale of vehicles through public auction a 1981 Jeep Cherokee and a 1979 Chevrolet 3/4 ton truck, (0604-02 SURPLS PRP) (5) C7. Approval to accept the Turner Avenue Street Improvements and Area VII Storm Drain Phase I Improvement Project as complete, release bonds, authorize the City Engineer to file a "Notice of Completion", and approve the final contract amount of $955,406.44. (0602-01 BOND REL) (0704-18 NOT COMFLT) Release: Faithful Performance Bond Retention Labor & Materials Bond $885,165.90 $ 95,593.84 $442,582.95 (6) Accept: 10% Maintenance Bond $ 95,600.00 RESOLUTION NO. 88-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TURNER AVENUE STREET IMPROVEMENTS AND AREA VII STORM DRAIN, PHASE I AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes March 2, 1988 Page 3 C8. Approval to award the bid for the Arrow Route Reconstruction Phase I (7) Improvement Project located between Turner Avenue and Archibald Avenue to Fontana Paving, Incorporated for the amount of $243,900 to be funded from the Systems Fund, account number 22-4637-8735. (0601-01 BID) C9. Approval to authorize the advertising of a "Notice Inviting Bids" for the (8) Slurry Seal Program Phase I Fiscal Year 1987-88 Improvement Project, located in areas 1 through 9 to be funded from SB 300 Funds, account number 15-4637-8050. (0601-01 BID) RESOLUTION NO. 88-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA~ APPROVING PLANS AND SPECIFICATIONS FOR THE "SLURRY SEAL PROGRAM, PHASE I, F.Y. 1987-88", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS C10. Approval to award and execute the Professional Services Agreement (CO (9) 88-026) for the Contract Inspection Services for the Arrow Route Reconstruction Phase I project to NBS/Lowry, Incorporated, for the amount of $13,700 to be funded from the Systems Fund, account number 22-4637-8735. (0602-01 CONTRACT) Cll. Approval to award and execute Professional Services Agreement (CO 88-027) with J. William Murphy and Associates Consulting Appraisers for an amount not to exceed $25,000 to be paid from various project funds for appraisal services. (0602-01 CONTRACT) (lo) C12. Approval to execute Contract Change Order No. 4 (CO 87-020) with Don (11) Greek and Associates to perform additional design reports for Alta Lema Basins, west of Haven Avenue, north of Highland Avenue; to expand their contract by $2,500 to bring contract total to $19,752. (0602-01CONT AMEN) C13. Approval of an amendment (CO 88-002) to an Agreement for Public (12) Improvement and Dedication with the City of Rancho Cucamonga and Erma Dennis for the Base Line Road Widening Project from Archibald Avenue to Hellman Avenue, to clarify future street improvement requirements for Base Line Road. (0602-01 AGREE IMPRV) C14. Approval of the Environmental Assessment Initial Study and Issuance of a (13) Negative Declaration for the proposed Base Line Road Phase I Rehabilitation, Widening, and Storm Drain Improvements from 1-15 to Etiwanda Avenue. (1110-10 STREET PI) RESOLUTION NO. 88-101 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF RANCHO CUCAMONGA, CALIFORNI~ APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED BASE LINE ROAD PHASE I REHABILITATION, WIDENING, AND STORM DRAIN IMPROVEMENTS FROM 1-15 TO ETIWANDA AVENUE City Council Minutes March 2, 1988 Page 4 (14) (15) (17) (18) C15. Approval to release cash deposits for: (0602-01 BOND REL) Tract 12914/Barossa Place - to Pannon Design & Development, Inc. Model Home Sales Office Monument Sign Permit $2,500 $ 5oo Tract 12238 - Citation Builders. Model Home Sales Office $2,500 Tract 12830 - Citation Builders. Subdivision Identification Sign $ 628 C16. Approval to Quitclaim Lot 8, Tract No. 12942, located within the Caryn Planned Community, to Kaufman and Broad Land Company. (1002-02 QUITCLAIM) RESOLUTION NO. 88-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE QUITCLAIMED LOT B, TRACT NO. 12942 C17. Approval to accept Improvements, Release of Bonds, and filing Notices of Completion for: (0602-01 BOND REL) (0704-18 NOT COMPLT) DR 86-07 - located on the northeast corner of 6th Street and Haven Avenue. Faithful Performance Bond (Utility Undergrounding) $60,000 RESOLUTION NO. 88-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 86-07 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C18. Approval of Improvement Agreement and Improvement Security for DR 87-31, located on the west side of Lucas Ranch Road, north of Fourth Street, submitted by Turner/Lucas Rancho Road Partners. (0602-01 AGREE IMPR) RESOLUTION NO. 88-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 87-31 City Council Minutes March 2, 1988 Page 5 C19. Approval of Improvement Agreement and Improvement Security for Elm Avenue (19) from Church Street northeasterly to Spruce Avenue, submitted by Lewis Homes of California as part of the Tetra Vista Planned Community. (0602-01 AGREE IMPR) RESOLUTION NO. 88-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR ELM AVENUE C20. Approval of Improvement Agreement Extension for DR 84-12, located on the (20) northeast corner of Arrow Route and Etiwanda Avenue, submitted by Patscheck- Hackbarth. (0602-01 AGREE EXTN) RESOLUTION NO. 88-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 84-12 C21. Approval of Improvement Agreement Extension for Tract 10035, located on (21) the southeast corner of Red Hill Country Club Drive and Calle Corazon, submitted by Rancho Associates. (0602-01 AGREE EXTN) RESOLUTION NO. 88-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 10035 C22. Approval of Map, Improvement Agreement, and Improvement Security for (22) Parcel Map 9192 located in The Caryn Planned Community, submitted by Marlborough Development Company. (1002-09 MAP PARCEL) (0602-01 AGREE IMPR) RESOLUTION NO. 88-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 9192, (TENTATIVE PARCEL MAP NO. 9192), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY C23. Approval of Map, Improvement Agreement, and Improvement Security for (23) Tracts 13557, 13559, and 13562 located on the west side of Rochester Avenue, north and south of Vintage Drive, submitted by Marlborough Development Corporation and Kaufman and Broad. (1002-09 MAP PARCEL) (0602-01 AGREE IMPR) RESOLUTION NO. 88-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTS AGREEMENTS, IMPROVEMENT SECURITY, AND FINAL MAPS OF TRACT NOS. 13557, 13559, AND 13562 City Council Minutes March 2, 1988 Page 6 (24) C24. Approval to execute contract (CO 88-028) for the Improvement of Archibald Avenue at the Southern Pacific Railroad Crossing Project, located north of Base Line Road previously awarded to Riverside Construction Company, Incorporated for the amount of $112,456 to be funded from Federal Section 203 Fund, account number 17-4637-8777, and the Systems Fund, account number 22-4637-8750. (0602-01 CONTRACT) (25) C25. Set public hearing for April 6, 1988 - Approval to Annex Dr 87-31, located north of 4th Street and west of Lucas Ranch Road to Landscape Maintenance District No. 3 as Annexation No. 16. (0401-03 LNSCAPE MD) RESOLUTION NO. 88-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 RESOLUTION NO. 88-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3, AND ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO. 3; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO (26) C26. Set public hearing for April 6, 1988 - Approval to Annex Tract Nos. 13557, 13562, and 13559 (Caryn) to Landscape Maintenance District No. 6 as Annexation No. 2. (0401-03 LNSCAPE MD) RESOLUTION NO. 88-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 6 RESOLUTION NO. 88-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 6, AND ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 6; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO (27) C27. Set public hearing for April 6, 1988 - Approval to Annex DR 87-31, Tract 13557, 13562 and 13559 to Street Lighting Maintenance District No. 1 as Annexation No. 39. (0401-03 ST LT MD) City Council Minutes March 2, 1988 Page 7 RESOLUTION NO. 88-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER' S REPORT FOR ANNEXATION NO. 39 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 88-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 39 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C28. Set public hearing for April 6, 1988 - Approval to Annex DR 87-31, (28) located north of 4th Street and west of Lucas Ranch Road, to Street Lighting Maintenance District No. 6 as Annexation No. 12. (0401-03 ST LT MD) RESOLUTION NO. 88-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6 RESOLUTION NO. 88-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C29. Set public hearing for April 6, 1988 - Approval to Annex Tract 13557, 13562, and 13559 (Caryn) to Street Lighting Maintenance District No. 5 as Annexation No. 2. (0401-03 ST LT MD) (29) RESOLUTION NO. 88-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANG"dO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER' S REPORT FOR ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 5 Gity Council Minutes March 2, 1988 Page 8 (3o) (31) (32) RESOLUTION NO. 88-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 5, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 5; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C30. Set public hearing for April 6, 1988 - Approval to amend Map Tract No. 10827-2 located south of Wilson Avenue between Haven and Hermosa Avenues, 'submitted by U.S. Homes, Incorporated. (1002-09 MAP AMEN) RESOLUTION NO. 88-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AMENDING MAP, TRACT 10827-2 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO MOTION: Moved by King, seconded by Wright to adopt the Consent Calendar. Motion carried 4-0-1. (Brown absent) D. CONSENT ORDINANCES City Clerk Authelet read the titles of Ordinances 340 and 70-F. D1. CONSIDERATION OF ESTABLISHMENT OF A SPEED LIMIT - Recommendation to establish a 45 MPH and a 40 MPH speed limit on Hermosa Avenue between Base Line Road and Sun Valley Drive; a 40 MPH speed limit on Ninth Street between Baker Avenue and Archibald Avenue; and a 50 MPH speed limit on Rochester Avenue between Foothill Boulevard and Base Line Road. (1141-10 SPEED LIM) ORDINANCE NO. 340 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN STREETS D2. CONSIDERATION OF A MODIFICATION TO ORDINANCE NUMBER 70 - An amendment to increase criminal penalties and adding civil remedies. (1402-06 HISTORY) City Council Minutes March 2, 1988 Page 9 ORDINANCE NO. 70-F (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.24.210 OF, AND ADDING A NEW SECTION 2.24.220 'TO, CHAPTER 2.24 OF THE RANCliO COCAMONGA MUNICIPAL CODE, THEREBY INCREASING CRIMINAL PENALTIES AND ADDING CIVIL REMEDIES Councilwoman Wright requested item D1 be removed for discussion. Councilman King requested item D2 be removed for discussion. Discussion of item D1. CONSIDERATION OF ESTABLISHMENT OF A SPEED LIMIT - Recommendation to establish a 45 MPH and a 40 MPH speed limit on Hermosa Avenue between Base Line Road and Sun Valley Drive; a 40 MPH speed limit on Ninth Street between Baker Avenue and Archibald Avenue; and a 50 MPH speed limit on Rochester Avenue between Foothill Boulevard and Base Line Road. Councilwoman Wright asked if the public hearing was still open. Jim Markman, City Attorney, responded no. Councilwoman Wright stated she had four areas of concern, and they had to do with the area on the north end above Hermosa School where the speed limit will be 40 mph. 1) The residents asked that the Council be made aware that there is additional development scheduled for that area, and they are concerned this will generate more traffic that will impact students walking to Hermosa School. 2) Asked what the time line is for improving the walkway. 3) Is it possible to get information from Upland on how they are doing a lower speed limit than what their surveys indicated and going with a speed limit they feel is more appropriate. 4) Would like to refer entire issue of safe access to Hermosa School to Public Safety Commission. Russell Maguire, City Engineer, stated the school was already under review by the PSC on access and walking including this area and that is what generated the review of sidewalks and the basic request for considering the grading work that we are trying to improve. Paul Rougeau, Sr. Civil Engineer, stated that some of that work for improving the walk has already been done, and the rest is being done now. Councilwoman Wright asked if there is a brief report of what further safety measures we will be providing. Paul Rogeau, St. Civil Engineer, responded that the PSC's recommendations were to grade and smooth out the roadside leading from the north on Hermosa, on the west side of Hermosa, and on the north side of Wilson where there are no sidewalks since those are the only two areas where children have to walk. On the other approaches where there are houses, there are either sidewalks or roadside improvements have already been made. City Council Minutes March 2, 1988 Page 10 Councilwoman Wright stated she is aware of several instances in Upland where their speed limits are set lower than the State allows, and she was wondering how they do that. Paul Rougeau, Sr. Civil Engineer, responded that he had talked to the traffic engineer in Upland. He was told that Upland was not doing anything unusual. Mr. Rougeau pointed out the law does allow for speed limits to be set below the prevailing speed if you have special conditions, but that these conditions do not exist in this particular area. Councilwoman Wright wished to amend the ordinance for the north end of Hermosa from 40 mph to 35 mph. Councilman Buquet was in support of that but did not see any way we can make it 35 mph and make it stick in court. Mayor Stout stated if the speed limit is not justified by the traffic engineer's report, then you cannot use radar. In this particular area, it would be impossible to use pacing; and the courts are real picky on this. Although he was in support of the 35 mph, without a way to enforce it, he felt the speed limit should be reduced to 40 mph so we can use radar. ORDINANCE NO. 340 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN STREETS MOTION: Moved by King, seconded by Buquet to waive full reading of Ordinance 340. Motion carried 4-1 (Brown absent). MOTION: Moved by King, seconded by Buquet to adopt Ordinance 340 with direction for staff to re-review in 12-18 months. Motion carried 3-1-1 (Wright no, Brown absent). Discussion of item D2. CONSIDERATION OF A MODIFICATION TO ORDINANCE NUMBER 70- An amendment to increase criminal penalties and adding civil remedies. Councilman King requested this item be pulled for discussion, so he could vote no on it. ORDINANCE NO. 70-F (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, A/~NDING SECTION 2.24.210 OF, AND ADDING A NEW SECTION 2.24.220 TO, CHAPTER 2.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, THEREBY INCREASING CRIMINAL PENALTIES AND ADDING CIVIL REMEDIES City Council Minutes March 2, 1988 Page 11 MOTION: Moved by King, seconded by Wright to waive full reading of Ordinance No. 70-F. Motion carried 4-1 (Brown absent). MOTION: Moved by Wright, seconded by Buquet to adopt Ordinance No. 70-F. Motion carried 3-1-1 (King no, Brown absent). K. ADVERTISED PUBLIC HEARINGS El. APPEAL OF CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 13727 - THE PACIFIC SOUTHWEST CONFERENCE OF THE EVANGELICAL COVENANT CHURCH - Appeal of the Planning Commission's decision requiring payment of an in-lieu fee for future undergrounding of existing overhead utilities along Carnelian Street for a proposed residential subdivision located at the southwest corner of Carnelian Street and Highland Avenue - APN 201-214-11. Staff report by Joe Stofa, Associate Civil Engineer. (0701-06 APPEAL) Councilmember King asked what the cost would be? Staff responded $6,400 per acre or $23,000 and $47,000 to the center line of the freeway. Councilmember Wright asked how soon would the undergrounding be done? Joe Stofa, Associate Civil Engineer, responded that there was no way to know at this time, but that it would not be in the near future. Mayor Stout asked if there were other occasions where we had charged these fees? Joe Stofa, Associate Civil Engineer, responded that fees had been charged for Hellman and Amethyst and Highland and Etiwanda. Mayor Stout questioned that this fee was for only half of the undergrounding costs. Staff responded "yes". Councilmember Wright asked if the freeway does go through, does the under- grounding have to be done? Russell Maguire, City Engineer, responded that at this particular area the undergrounding would not be required. Mayor Stout open the public hearing. Addressing Council were: Eugene Lowell, attorney representing The Pacific Southwest Conference of the Evangelical Covenant Church, requested Council examine the language of the policy statement on Exhibit "E" paragraph 5A. They felt that paragraph was being improperly applied to their situation. He stated that the proposed freeway is not an adjacent street and that their property is not a corner. They felt the land south of us is owned by Caltrans and since they are the abutting owner, they are the ones who should pay for the 227 feet. (33) City Council Minutes March 2, 1988 Page 12 (34) Mayor Stout closed the public hearing. Councilwoman Wright asked how continuous have our collections been along this corridor? James Markman, City Attorney, stated we have no methodology in collecting undergrounding fees or requiring Caltrans when they build the freeway to go along with an undergrounding program or any other public entity that owns right way. There is no way of requiring the developer to create the aesthetic condition other than to go to the centerline of the street. That is Planning Commission policy. Russell Maguire, City Engineer, stated we have received a letter from Edison informing us that the fees are being lowered. James Markman, City Attorney, stated figures may drop even further because of an IRS ruling that when undergrounding is strictly aesthetic and required by the City, then Edison will not be taxed on it. Mayor Stout asked what the affect would be on other projects that have paid this fee. Referring to change in policy, would those people be entitled to a refund. James Markman, City Attorney, responded that those people could come back and amend the conditions. MOTION: Moved by King to grant the appeal. Motion failed for lack of a second. MOTION: Moved by Buquet, seconded by Wright to deny the appeal. carried 3-1-1 (King no, Brown absent). Motion E2. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 88-01 - CITY OF RANCHO CUCAMONGA - A proposal to amend the Victoria Community Plan text to require a Conditional Use Permit for shopping centers and certain commercial uses. Staff report by Dan Colaman. (0203-05 VCP AMEND) ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 88-01 - CITY OF RANCHO CUCAMONGA - A proposal to amend the Terra Vista Community Plan text to require a Conditional Use Permit for shopping centers and certain commercial uses. (0203-05 TVCP AMEN) Mayor ~tout asked if the intent was to bring these areas into conformance with the rest of the City? Brad Buller, City Planner, stated yes and that he had spoken with Lewis Homes, and they were supportive. City Council Minutes March 2, 1988 Page 13 Mayor Stout opened the public hearing. Addressing Council was: Steven McCord, William Lyon Company, expressed their support. Mayor Stout closed the public hearing. City Clerk Authelet read the titles of Ordinances 341 and 342. ORDINANCE NO. 341 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING VICTORIA PLANNED COMMUNITY AMENDMENT 88-01 TO MODIFY THE COMMUNITY PLAN TEXT TO REQUIRE A CONDITIONAL USE PERMIT FOR SHOPPING CENTERS AND CERTAIN USES IN THE COMMERCIAL STANDARDS SECTION OF THE VICTORIA COMMUNITY PLAN ORDINANCE NO. 342 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ADOPTING TERRA VISTA COMMUNITY PLAN AMENDMENT 88-01, TO MODIFY THE COMMUNITY PLAN TEXT TO REQUIRE A CONDITIONAL USE PERMIT FOR SHOPPING CENTERS AND CERTAIN USES IN THE OFFICE AND COMMERCIAL STANDARDS SECTION OF THE TERRAVISTA COMMUNITY PLAN MOTION: Moved by Wright, seconded by Buquet to waive full reading of Ordinances 341 and 342 and set the second reading for March 17, 1988. Motion carried 4-1 (Brown absent). E3. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88-01B - CITY OF RANCHO CUCAMONGA - A request to amend the Circulation Element of the General Plan for the purposes of accomplishing the realignment of Hillside Road to replace the double intersection of Hillside Road and Amethyst Avenue with a single intersection at Amethyst Avenue and a reverse curve to future Klusman Avenue. Staff report by Paul Rougeau, Sr. Civil Engineer. (0203-03 GP AMEN) Mayor Stout stated Wilson will eventually be four lanes and that Hillside is also a collector street that will be two lanes ending at Deer Creek. Would that jog create a tendency for people to go down to Amethyst rather than jog. Paul Rougeau, avoid the jog. Sr. Civil Engineer, agreed that people would go to Wilson to Mayor Stout opened the meeting for public hearing. Addressing Council were: (35) City Council Minutes March 2, 1988 Page 14 John Powers, attorney representing Nottingham Limited, stated Council should have received a letter outlining their concerns. He turned the meeting over to his engineers. Larry Spake, Spake Engineering, distributed a letter for City Clerk to receive and file. He stated that the "S" curve would go through the middle of this property and thus limits what can be developed on this property. The general plan has this area listed as residential, and he felt this realignment would change this from a minor intersection to a major intersection. This change doubles the amount of public improvements required, and he felt this would be an excessive economic burden. Neal McNiel, who lived just south of Hillside, stated he was originally against any change because he and the other residents near him originally wanted corner lots. However, after hearing the number of cars expedited on this street, he no longer wished to be a corner lot. He stated he would like to see the old Hillside made into a bridle trail with the wall taken down. Mayor Stout closed the public hearing. Councilman King stated he was against the "S" curve and felt the City had made a decision to make Wilson the main thoroughfare and should discourage traffic on Hillside. He wanted to see the intersection left as it is which he felt would move the traffic to Wilson. Councilwoman Wright felt the street needed to be made as safe as possible and that traffic has been determined as the number one priority of the residents and Council. She felt a need to develop both Hillside and Wilson. Councilman Buquet felt he would prefer to have traffic rerouted. uncomfortable with how the old Hillside would be vacated and its supported the realignment. He was uses but Mayor Stout supported realignment and felt it was an advantage in helping Amethyst. RESOLUTION NO. 88-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 88-01B AMENDING THE CIRCULATION ELEMENT OF THE RANCliO CU CAMONGA GENERAL PLAN MOTION: Moved by Wright, seconded by Buquet to approve Resolution No. 88-121. Motion carried 3-1-1 (King no, Brown absent). City Council Minutes March 2, 1988 Page 15 E4. CONSIDERATION OF AMENDING MAP FOR TRACT NO. 13058 - PULTE HOME (36) CORPORATION, A MICHIGAN CORPORATION - A request to amend the map of Tract 13058 located south of Highland Avenue, between Fairmont Way and the Deer Creek Channel. Staff report by Bill Silva, Deputy City Engineer. (1002-09 MAP AMEN) Mayor Stout opened the public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 88-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING AMENDING MAP OF TRACT NO. 13058 MOTION: Moved by King, seconded by Wright to approve Resolution No. 88-122. Motion carried 3-2 (Buquet, Brown absent). E5. ORDERING THE WORK IN CONNECTION WITH: A. ANNEXATION NO. 10 FOR PARCEL MAP NO. 11236 LOCATED BETWEEN LAUREL (37) STREET AND SPRUCE AVENUE, NORTH OF RED OAK, TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6. (0401-03 ST LT MD) RESOLUTION NO. 88-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 10 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR PARCEL MAP NO. 11236 B. ANNEXATION NO. 25 FOR TRACT NO. 13275 LOCATED 1200' EAST OF RAVEN (38) AVENUE, NORTH SIDE OF HIGHLAND AVENUE, TO STREET LIGHTING MAINTENANCE DISTRICT ~0. 2. (0401-03 ST LT MD) RESOLUTION NO. 88-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 25 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NO. 13275 C. ANNEXATION NO. 42 FOR TRACT NO. 13275, LOCATED 1200' EAST OF HAVEN, NORTH SIDE OF HIGHLAND AVENUE, TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. (0401-03 LNSCAPE MD) (39) City Council Minutes March 2, 1988 Page 16 (4o) (41) (42) RESOLUTION NO. 88-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 42 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER' S REPORT FOR TRACT NO. 13275 D. ANNEXATION NO. 14 FOR PARCEL MAP NO. 11236 LOCATED BETWEEN LAUREL STREET AND SPRUCE AVENUE NORTH OF RED OAK STREET, TO LANDSCAPE MAINTENANCE DISTRICT NO. 3. (0401-03 LNSCAPE MD) RESOLUTION NO. 88-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 14 TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR PARCEL MAP NO. 11236 E. ANNEXATION NO. 37 FOR TRACT NO. 13275 AND PARCEL MAP NO. 11236 (VARIOUS LOCATIONS THROUGHOUT THE CITY) TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1. (0401-03 ST LT MD) RESOLUTION NO. 88-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 37 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NO. 13275 AND PARCEL MAP NO. 11236 Mayor Stout opened the public hearing. There being no response, hearing was closed. the public MOTION: Made by King, seconded by Wright to approve Resolution Nos. 88-123. 88-124, 88-125, 88-126, 88-127. Motion carried 3-2 (Buquet, Brown absent). F. P~BLIC HEARINGS No items submitted. G. CITY MANAGER'S STAFF REPORTS G1. CONSIDERATION OF STAFF'S DENIAL OF APPLICATION FOR PERMIT TO CONSTRUCT DRIVE APPROACH ON SOUTH SIDE OF HILLSIDE AVENUE, WEST OF MORNING CANYON WAY, BLAKELY RESIDENCE, 5514 MORNING CANYON WAY. (Continued from February 17, 1988) Continued to Marc~ 16, 1988 at request of Blakely. (0802-01 PERMIT) City Council Minutes March 2, 1988 Page 17 G2. DISCUSSION OF TELEPHONE SITUATION IN RANCHO CUCAMONGA. (Continued from February 17, 1988) (Buquet). Staff report presented by Lauren Wasserman, City Manager. (1200-00 P UTILITY) ACTION: Staff to prepare draft of letter to General Telephone for considera- tion on March 16, 1988 agenda. G3. CONSIDERATION OF ESTABLISHING A SCHEDULING POLICY FOR NIGHT ~PARKS. Staff report by Kathy Sorenson, St. Recreation Assistant. DEVEL) LIGHTED CITY (1404-06 PK Mayor Stout asked if keeping lights aligned was a continuing problem. Kathy Sorenson, Sr. Recreation Assistant, continue to shift lights. Staff is working fixed permanently. responded that the windstorms with the contractor to get these Mayor Stout asked if anyone else has this type of light. Lauren Wasserman, City Manager, stated he believed no one else had these "state of the art" lights. Councilman Buquet felt is was taking a very long time to resolve this issue, and he would like to see it expedited. He was uncomfortable with the lights always being left on but would like to have them on when needed. Councilw~nan Wright felt the complaint was that the lights are being left on when no one was using the property and that a way needed to be found for the lights to be on only when the fields were in use. Mayor Stout opened the meeting for public hearing. Addressing Council were: George Guidera, 7363 Garnet, stated he loves the parks during the day, but that the lights are very bright. He was upset that none of the residents had been notified about these meetings. Dr. Tom Stldohay, felt possibly some type of f iel ds. the area needed some relief from these light hood that would keep the lights pointing at the Mr. Johnson, who lived directly across from the park, was concerned about the time the lights are turned off. When the lights go off at 10:00 p.m., the noise continues for at least an hour. Frequently the lights seem to be on to 1:00 a.m. He would have no problemwith the weekend lighting but that the noise would still be a problem. (43) (44) City Council Minutes March 2, 1988 Page 18 (45) (46) John Rose, 7072 Jasper, associated with Citrus Little League, Expressed he would like to see the groups using the lights be able to turn them off and that the lights stay on until 10:00 p.m. Monday through Saturday. Other- wise, the number of teams able to play would he seriously impacted. Jim Langlos, Alta Loma Little League, recognized there is a problem with the light being on, and no one using the parks. He stated that Alta Loma Little League would act responsibly in turning off the lights. Mr. Belnap, 8979 Alder, stated the people responsible for turning the lights off are not doing so. The other problem is the high school parking on the streets. He would like to see the parking lot reopened for high school students. Mayor Stout closed the public hearing. After discussion, the following motion was made: MOTION: Moved by King, seconded by Wright to direct staff to have an independent engineer check ways to hood the lights and establish timing procedures so lights will not remain on when park is not in use. Lights to remain on to 10:00 p.m., Monday through Saturday -- Sunday use only by special permit. Staff also directed to do a study regarding parking at Alta Loma High School and to report back to Council when completed. Motion carried 3-1-1 (Buquet no, Brown absent). A recess was called at 10:30 p.m. The meeting reconvened at 10:48. H. COUNCIL BUSINESS H1. DISCUSSION OF SCHEDULE FOR FINALIZATION AND ACCEPTANCE OF NEW STREET CONSTRUCTIONS. (Buquet) (1110-10 STREET PI) ACTION: To be discussed at goals meeting on March 12, 1988. H2. CONSIDERATION OF REALIGNMENT OF RED HILL COUNTRY CLUB DRIVE. (Buquet) (1110-10 STREET PI) Councilmember Buquet stated that meetings have been held with residents in the area and numerous concerns were addressed. He was no longer sure it was worth the problems that the realignment is going to generate. He requested this item be sent back to the Planning Commission to explore other options. City Council Minutes March 2, 1988 Page 19 Mayor Stout felt that no one was comfortable with the alignment, but it appeared to be the only solution. He suggested that San Antonio Community Hospltal's application be accepted with the understanding that they are requesting an amendment to the specific plan, and that the specific plan amendment go through the Planning Commission process with an independent traffic engineer hired to do a study to determine if there are other alternatives available. There were three things he would like to see: 1) maximize traffic safety on Foothill Blvd. 2) minimize traffic on Red Hill. 3) realize the parcel the hospital owns is important. Councilmember Buquet would llke the City to work more with Upland on this issue and open some doors for future issues. Councilmember Wright had a problem with sending the issue back to the Planning Commission. She felt it should be dealt with by the Council. James Markman, City Attorney, stated that by law this issue is required to go back to the Planning Commission. It is an amendment to the general plan, and therefore must go back to the Planning Commission. Councilmember Buquet stated the reason he brought this issue back to Council was that he wanted an opportunity to review this situation, obtain new information, have additional input from the residents in the area, and then have that information available before a commitment is made. ACTION: Refer item to Planning Commission for an amendment to the General Plan. I. IDENTIFICATION OF ITK!4S None submitted. J. COI~4UNICATIONS FRONT HE PUBLIC Diane Willjams, 7251 Amethyst, stated that the Friends of the Library are currently conducting a library needs assessment. She asked that the City conduct the needs assessment since they would have more clout with the County. Mayor Stout requested a follow-up letter from her stating what needed to be done, and for the item to be on the next agenda. City Council Minutes March 2, 1988 Page 20 MOTION: Moved by King, seconded by Wright to adjourn to March 12, 1988, Clarion Hotel, 8:30 a.m. - 5:00 p.m., for Goals Workshop. Motion carried 4-1 (Brown absent). The meeting adjourned at 11:15 p.m. Respectfully submitted, Linda N. Rogers Acting Clerk Approved: April 6, 1988