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HomeMy WebLinkAbout1985/03/06 - Minutes March 6, 1985 CITY OF RANCHO CUCAHONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, March 20, 1985, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikels. 2. ANNOUNCEMENTS/PRESENTATIONS 2A. Thursday, March 7, 1985, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION, Li- ons Park Community Center. 2B. Wednesday, March 13, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Com- munity Center. 2C. Wednesday, March 14, 1985, 6:00 p.m. - Day Creek Facilities Workshop (see last page). 2D. Mayor Mikels presented a Proclamation to Girl Scout Troop No. 76. 2E. Mayor Mikels presented a Proclamation to Barbara Wighard, American Associa- tion of University Women. 2F. Councilman Buquet reported that the Drainage Subcommittee met last week and was artended by most of the people with developments in the area. Another meeting is scheduled forM arch 8 at 10 a.m. 2G. Councilman King requested the meeting adjourn to a Closed Session to dis- cuss personnel matters. 2H. Mr. Wasgerman requested the deletion of Consent Calendar Item 't" and Staff Report Item 6B. 21. Councilman King requested that Consent Calendar Item 3N be removed for dis- cussion. 3. CONSENT CALENDAR 3A. Approval of Warrants, Register No's. 85-03-06 and Payroll ending 02/17/85 for the total amount of $621,231.00. 3B. Forward Claim (CL 85-05) against the City by Kimberly Dawn Schank, death due to personal injuries on July 18, 1984, on Foothill Boulevard, east of Turner Avenue. 3C. Forward Claim (CL 85-06) against the City by Howard F. Marshall, damage to truck due to falling tree on January 12, 1985, at 597 5 Hellman Avenue. 3D. Forward Claim (CL 85-07) a8ainst th& City by Gabriel Lopez, personal injuries on January 3, 1985. (1) (2) (3) City Council Minutes March 6, 1985 Page 2 (4) 3E. Forward Claim (CL 85-08) against the City by Connie Littell, personal injuries on October 14, 1984, at the Eancho Cucamonga Wine Festival, Haven & Arrow. (5) 3F. Approval of Parcel Map 8303 located at the northwest corner of Foothill Boulevard and Haven Avenue, submitted by C/A Limited. RESOLUTION NO. 85-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUC~ONCA, CAX-IFORNIA, APPROVING P~RCEL ~ NO. 830~, (TENTATIVE PARCEL MAP NO. 8303) (6) 3G. Approval of Parcel Map 9025 located on the west side of Etiwanda Avenue, north of Base Line Road, submitted by R.C. Land Company. RESOLUTION NO. 85-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 9025 (7) 3H. Approval of acceptance of Tract No. 12525, Bonds, Agreements and Summary Vacation of a portion of Center Avenue, located on the west side of Center Ave- nue between Arrow Highway and 26th Street, submitted by Deer Creek Partners. (s) RESOLUTION NO. 85-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCH0 CUCAI~ONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IM- PROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12525, 12739, 12740 AND 12741 (9) RESOLUTION NO. 85-60 A RESOLUTION OF THB CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF CENTER AVENUE IN CONNECTION WITH TRACT NO. 12525 (10) 31. Release of Bonds: TRACT 9589 - Located on Red Hill Country Club Drive, west of Carnelian; owner, The Deer Creek Company. Accept: Maintenance Guarantee Bond Release: Faithful Performance Bond $ 2,600.00 $26,000.00 RESOLUTION NO. 85-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCIt0 CUCAMONGA, CALIFORNIA, PUBLIC IMPROVEMENTS FOR TRACT 9589 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (11) 3J. Approval to release Real Property Improvement Contract and Lien Agreement and accept a replacement Lien Agreement in conjunction with the Virginia Dare Winery project located on the northwest corner of Haven Avenue and Foothill Boulevard, submitted by C/A Limited. RESOLUTION NO. 85-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED, FOR PARCEL MAP 8303 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME City Council Minutes March 6, 1985 Page 3 RESOLUTION NO. 85-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAIdONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED 3K. Approval of additional expenditure of $45,000.00 for the necessary repairs due to unanticipated unstable subgrade and the completion of San Bernardino Road between Malachite and Archibald on the San Bernardino Road/Church Street Improvement Project. 3L. Its resoved. Approval of Resolution supporting the amendment of Insurance Code Section 533, Evidence Code Section 352 and Government Code Sections 825 and 990 as they concern Punitive Damages. RESOLUTION NO. 85-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAHONGA, CALIFORNIA, SUPPORTING AND RECOMHENDING THE ANENIIiENT OF INSURANCE CODE SECTION 533, EVIDENCE CODE SEC- TION 352 AND GOVERNMENT CODE SECTIONS 825 AND 990 AS THEY CONCERN PUNITIVE DAMAGES (12) (13) 3M. Approval to submit applications for funding under the Roberti-Z'Berg Pro- gram for the Redevelopment of play areas at Beryl and Lions Parks. RESOLUTION NO. 85-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREA- TION PROGRAM 3N. Item removed for dlscusslem - see beloe. Approval by the City Council supporting Republic Health Corporation's application for a full service General Acute Hospital in the City of Rancho Cucamonga. RESOLUTION NO. 85-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING REPUBLIC HEALTH CORPORA- TION APPLICATION FOR CERTIFICATE OF NEED FOR THE STATE OF CALIFORNIA 30. Set public hearing for March 20, 1985, to consider the Preliminary state- ment of community objectives and projects proposed for Block Grant funding. 3P. Set public hearing for March 20, 1985, for Environmental Assessment and General Plan Amendment 85-01A. 3Q. set public hearing for March 20, 1985, for adoption of 1982 Uniform Housing Code. 3R. Set public hearing for April 3, 1985, for Environmental Assessment and Gen- eral Plan Amendment 85-01B, TAC Development. 3S. Set public hearing for April 3, 1985, for Environmental Assessment and De- velopment District Amendment 85-01, TAC Development. 3T. Set public hearing for April 3, 1985, for Environmental Assessment and De- velopment Review 85-01, TAC Development.. (14) (15) (16) (17) (20) (2~) City Council Minutes March 6, 1985 Page 4 (22) (23) 3U. Set public hearing for April 3, 1985, for Development AEreement, TAC Devel- opment. MOTION: Moved by Buquet, seconded by King to approve the Consent Calendar, mi- nus items '~" and '~". Motion carried unanimously 5-0. Discussion of Item N: Councilman King stated he was pleased there was interest to establish a hospital facility in Rancho Cucamonga by more than one group. Re did have a concern whether the community could handle two hospitals. There- fore, he felt the competition between the two groups would be good and would insure the residents of a top notch facility, Council should support the ap- plication process for Republic Health just as they had for National Medical En- terprise, Councilman Dahl stated that people wanted more information on the type of hos- pital proposed for Rancho Cucamonga, Some have the idea that it would be some- thing less than a full service hospital, MOTION: Moved by King, seconded by Dahl to wholeheartedly support the applica- tion of Republic Health Corporation, adopt Resolution No. 85-56, and waive full reading. Motion carried unanimously 5-0, Jim Barton, Barton Development, asked Council if it were possible that somewhere in the Resolution it could be stipulated that it is an approved site where all circulation patterns exist. Mr. Wasgerman stated the reason it was not included was he was trying to stay out of a contest between the two companies, He felt it was bordering on salesmanship of trying to pro- mote one site over another. Changes were made in the other firm's original to take out some of the same kinds of language. Councilman Buquet felt these issues were best addressed at the State level with the marketing peo- ple. Charles Mack, Director of Development for Republic Health, stated that Republic was the fifth largest hospital management company in the United States. They currently have 30 facilities currently in California. Neil Crowley, Vice President, Hospital Affiliates Development Corporation, stated they will be doing the design criteria and following through on the project management for Republic project, They would be happy to answer any questions regarding the process, 4. ADVERTISED PUBLIC HEARINGS 4A. APPEAL OF TREE REMOVAL PERMIT 85-05 - Property owners adjacent to Tracts 11609 & 9441 have appealed the approved Tree Removal Permit 85-05. Staff re- port presented by Rick Gomez, City Planner. Gary Richerda, Code Enforcement Officer, presented slides of the area. Mayor Mikels stated that in the presentation by the Appellants, the entire City Council wanted them to understand that they approved the ordinance preserving the eucalyptus trees so it would not be necessary to convince the Council that the trees are beautiful and should be preserved. Council will be placing a 15 minute time limit on the presentation; the presentation to conclude by 8:15. Mayor Mikels opened the meeting for public hearing to the appellants, Address- ing Council were: Phillip Yenovkian, 5835 Burgundy Avenue, stated they were present to dis- cuss the illegal removal of 75-100 trees, conditions made for replanting some of those trees, and the permit issued to a11o~ the further destruction of windrows in the area between Archibald and Hermosa, south of Wilson Ave- nue. City Council Minutes March 6, 1985 Page 5 Mr. Yenovkian made responses to Section 4 of Ordinance No. 37, entitled Permit Evaluation: a. Whether or not the trees could be preserved by pruning rather than removal: This has been preempted by the developer's bulldozer. b. Whether or not such trees constitutes a significant natural resource of the City of Rancho Cucamonga: these trees were a significant resource to the City, one which this area is widely known for. c. General condition and health of the trees: the general health of the trees was excellent, attested to by the fact that last year they withstood 100 mph winds. d. Incidence of any safety hazard to person's adjacent property or util- ity installations: there is no history of the trees along Wilson Avenue being a safety hazard, and the utilities are run underground. e. Proximity and number of other trees in the vicinity and the ability of the soil to adequately support existing vegetation: obviously the soil was able to support the trees. f. The effect of the tree removal on the public health and safety, and the general welfare and aesthetics of the area: all the neighbors in the area felt the trees served a purpose as a windbreak during heavy winds. Several people had stated that during the first heavy wind after protective trees were cut down, they lost their roofs and windows were blown in. During the last Santa Ana wind, which was not a severe one, one neighbor's windows were blown in. The first time it had happened to By the criteria set in the ordinance, every effort should have been made to preserve those trees. But it is now too late. The ordinance calls for a maximum penalty of $500 or 6 months in jail for each tree illegally de- stroyed. They were asking for: 1. That all the trees which the developer is required to replant be of the largest size available. He has been told by nurserymen and landscapers that the only advantage of using smaller tree is that it is cheaper and easier to plant. He could find no city policy set for the replacing of illegally removed trees, they were requesting that the largest possible tree be used in replanting and that the replanting and maintenance of those trees take place immediately. 2. That all the trees along Wilson Avenue between Archibald and Hermosa be preserved. He felt there was no valid reason why these trees had to be re- moved. The roadway lies to the north of these trees so if one blew down, it would not fall on the roadway since the Santa Ana winds blow from the northeast to the southwest. He suggested that the trees be pruned to re- duce the wind hazard. Underground utilities would not necessitate the re- moval of an entire windrow. If Council is convinced that the trees along Wilson would pose a hazard, then they requested that the windrow be replanted and maintained by the largest possible tree. 3. That City Council direct staff to actively enforce Ordinance No. 37 and to place a greater priority on quality issues rather than on speed of de- velopment in the City. Tod Hailey, 10949 Beechwood, student at Etiwanda High School and represen- tative of the students. He stated he had obtained over 300 signatures from students on this issue. City Council Minutes March 6, 1985 Page 6 Gordon Mitchell, 5825 Burgundy, stated that part of the windrow is now gone. He felt that if we plant trees, they should be also planted where they were missing. Since the appellant's fifteen minute time limit was over, Mayor Mikels closed the public hearing to the appellants, and opened the public hearing to those of opposing points of view. Addressing Council was: Richard Peterson, Crismar Development, pointed out that in 1984 Crismar ac- quired the recorded tracts of 9441 and 11609. On May 1st of 1984, their development proposal, specific plot plans, house elevations, etc. were presented to the Development Review Committee. During review of this proj- ect, the subject of tree removal was brought up. He had expressed at that time that Crismar Development Corporation had been named twice before in litigation as a result of existing blue gums falling on houses which they had built. On May 9th the Planning Commission reviewed the development design of the project. Before Council were the Conditions of Approval which were a re- sult of the May 9th meeting. On page 3, Section e - Landscaping-- No. 2 which states that existing trees shall be retained wherever possible. A master plan of existing trees showing their precise location, size, and type shall be submitted to and approved by the Planning Division prior to approval of the rough grading plan. Said plan shall take into account the proposed grading, what trees are to be retained, trimming methods, and where new trees will be planted for replacement of removed trees. That condition was not checked. Subsequent to the May 9th Planning Commission meeting, they submitted the grading plans for process which was issued. Therefore, he felt they were operating in good faith, believing that they had every right to remove those trees. As for the tree removal proposed, blue gum eucalyptus trees have proven to be a problem to them. The specific proposal before Council was to remove all trees on Wilson which lies in the City's right-of-way, which is consistent with City policy to remove eucalyptus trees where they fall within City right-of-way. Wilson Avenue will be improved to its full width with an equestrian trail being installed. On lots 1, 2, and 3 of Tract 9441 are in an area of significant fill in order to bring this to grade to match the existing and proposed grade of ~ilson Avenue. It will be impos- sible for them to move forward with the approved project without removal of those trees. As a mitigation, they propose to plant forty 15-gallon spotted eucalyptus trees, 8 feet on center along the boundary of the Alta Lema Channel. All other trees along the Alta Loma Channel, which is the far western boundary of the property, will be retained. To his knowledge no trees have been re- moved along that western boundary. They ceased all tree removal on January 22nd following Mr. Richard's citation. The existing trees at the rear of lots 7 through 9 of 11609 and lots 56 through 61 of 9441 must be removed to facilitate the grading balance of this particular project. They plan to replant 112 trees, 5 gallon size of spotted eucalyptus trees, 5 feet on center. Trees along the future right-of-way of Manzanita Avenue are intended to be removed as their present location falls in the middle of houses. Most of the other assorted trees, with the exception of the fruit trees which were preexistlng on the project, will remain. The fruit trees, according to City policy, have been re~oved. They requested that the appeal be denied. City Council Minutes March 6, 1985 Page 7 Upon hearing from both sides of the issue, Mayor Mikeis closed the public hear- ing. Councilman Dahl asked if there was enough room along Wilson Avenue to allow for the trail system. Mr. Comez responded that the trees within the right-of-way area have to be removed Because of the proximity of the roadway and the trail. That windrow would be located within the equestrian trail. The equestrian trail is between 12-15 feet. There are sidewalks, other street trees, lights, the wall, and the trail within that section from the curb south. Mayor Mikels asked why Condition No. 2 had not been checked on the conditions of approval since the trees were apparently healthy. Mr. Gomez responded that it was an error. The previous approvals did have that checked. When it was transposed into the new conditions for Crismar who assumed the Jensen tract, the previous developer, that item was not checked. This does not relieve the developer of the responsibility to obtain a tree removal permit because that is required regardless of whether that condition is checked. Mr. Gomez went on further to state that action has been filed with the prosecuting attorney, but the action has been stayed until the outcome of this meeting. ~ayor Mikels pointed out to Mr. Yenovkian that the ordinance does provide for a penalty, as does any misdemeanor ordinance does. It is not $500 now, it is $1000 now. However, that is not imposed by the Council, but is imposed by the court. It is unfortunate that those trees have been removed. Based upon some things he has heard, it looks like the other approved conditions of the map may have required their removal in any event. However, Council is going to make sure the policy of the City with respect to replanting is strictly adhered to. Councilman Dab1 asked if Crismar had furnished a detailed landscape and irriga- tion plan? Mr. Gomez stated that portion would have been for those areas that had the requirement which would have been for the areas along Wilson, and would not have provided for the trees, Those would have been under a separate plan which was the tree preservation plan which was submitted finally with the per- mit request after he was cited. The City required a permit for any remaining trees which had to be removed. Councilman Buquet asked if the tree removal permit was handled at the grading permit stage. Mr. Gomez stated normally we try to work out these requirements at the grading permit time. Because of miscommunications, this one went through without that. Discussion continued with concern expressed over cost of tree trimming of windrows, liability, the best type of street tree, and the size of tree to be used in replanting. Councilman Dahl expressed that the blue gum is not a good street tree. Howev- er, there are some areas where the blue gum should remain and preserved. He felt a fifteen-gallon size tree should be used instead of the five-gallon size proposed along the windrow areas which need to be replaced. Council concurred that the trees planned along Wilson Avenue should be a species designated as a good wind break and street tree. Councilwoman Wright did not feel she had the opportunity to have ample input from the people in the audience because of the time limit. Having talked to some of them before hand, there were issues that were not brought out because of the time limit, For example, she is sure there was a nurseryman in the au- dience ready to give some input regarding five gallon trees. City Council Minutes March 6, 1985 Page 8 Mayor MikeIs asked her to call him forward. Councilwoman Wright asked for the landscape contractor to come forward. She asked him for his input regarding the different size trees and ho~ they adapt to new environments. He responded that a specimen tree in a 24-inch box size or greater could be planted, but you have to break the root ball out; it can't just be set it in the ground. The idea of a five gallon tree is an insult. Even fifteen gallon trees can be root bound. Any size tree, including a specimen size, can be planted if done cor- rectly. Councilwoman Wright further stated that having gone through the tree issue for the first time as a Councilmomber, she has a little grasp of what has happened in the past when Ordinance No. 37 was been adopted. Obviously Ordinance No. 37 is not addressing what the people are identifying as their needs regarding the trees in the City. She proposed that the tree issue be looked at again, and for Council to try to address the issue of retaining the trees that are in the City· Councilman King stated that as much as everyone would like to see the trees stay, when you look in the pictures of the trees along Wilson and view the ul- timate width of Wilson, it is almost impossible and impractical to keep the ex- isting eucalyptus windrow. He felt the north/south replacements should be upgraded from the five gallon to the fifteen gallon size. The windrow along Wilson from a practical point of view would have to be replaced. Councilman Dahl asked Mr. Yenovkian if Council had satisfactorily addressed his concerns. Mr. Yenovkian stated he wanted the largest size possible which he felt was a thirty-inch box trees planted, A gentleman from the audience asked what affect will Council's approval of the permit have on the court case now pending on Crismar? Mr. Dougherty stated the approval of the permit would have no affect on a past illegal action. MOTION: Moved by Dahl, seconded by King to approve the Tree Removal Permit based on the following agreed upon conditions of approval with Crismar Homes: The submittal of a Tree Removal Permit indicating any additional trees to be removed, the need for their removal, and a plot plan showing the approximate location of all trees on site· Additionally, an overlay was to be provided indicating the proposed grading in order to deter- mine which trees could be selectively preserved. Preservation of all Eucalyptus trees along the western side of of Tracts 11609 and 9441, except those located on lot 1 of Tract 11609 {see condition 3). The eucalyptus trees along Wilson Avenue are to be removed according to the approved development project because of a twelve (12) foot wide bridle trail easement that will be located in this area along with a decorative block wall. Replanting of the northwest corner of Tracts 11609 and 9441, or wherever necessary, to enclose the windrow along the western side of the development. More specifically, this would include the replanting of the rear portion of lots 2 and 3 of Tract 11609 and lot 44 of Tract 9441. Replanting in this area is to be with 15-gallon spotted euca- lyptus, instead of the required 5-gallon. Replanting of the windrow at the rear portion of lots 7, 8, and 9 of Tract 11609 and lots 56-62 of Tract 9441 along the bridle trail ease- ment. Also, that the south side of Wilson Avenue be planted with a wind resistant street tree, and that fifteen-gallon size trees be planted throughout the cen- ter portion of that tract. City Council Minutes March 6, 1985 Page 9 Councilwoman Wright expressed that she will vote '~o" because she believed that we should go with the specimen size trees if for no other reason than the fact that the people have been harmed because some trees were taken down without a permit. It is a differing of opinion whether the specimen size trees would do better. Regarding the overall affect of Ordinance No. 37 throughout the City, she felt we should look at that, and this is another reason she does not want to adopt this. Also, the fact that by accepting this recommendation, we may be setting the precedent for other developers throughout the City to remove irreplaceable trees and replace them with $1900 worth of new trees. MOTION: Carried by the following vote: AYES: Buquet, Mikeis, Dahl, King NOES: Wright ABSENT: None ACTION: Council referred Ordinance No. 37 to the Planning Commission for re- view. And further, Council concurred to evaluate this further after the judgement with Crismar to see if there was any excess revenue after the attor- ney was paid and whether to dedicate the excess funds to bolstering up of the trees along the western border which would fortify it with additional trees for aesthetic purposes and for wind protection purposes. Council adjourned to a closed session to evaluate employment of public employ- ee. Meeting adjourned at 9:25 p.m. The Council reconvened at 9:50 p.m. with all members of the Council present. Councilman King, as a member of the City Attorney Search Subcommittee, an- (24) nounced that the Subcommittee had recommended to the City Council, and was ap- proved by the City Council, the company of James Markman of Brea to serve as the new City Attorney for Rancho Cucamonga. Mayor MikeIs announced that the appointment made was unanimous. Mr. Markman will be serving both as City Attorney at the City Council and Planning Commis- sion meetings until he gets accustomed to us before an assistant is brought on board, 4B. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 84-02 - HA- VEN AVENUE OVERLAY DISTRICT - Amendment of Part III of the Industrial Area Spe- cific Plan to establlsh a Raven Avenue Overlay District, located on both sides of Haven Avenue between Foothill Boulevard and 4th Street. Item continued from February 20, 1985 meeting. Staff report presented by Jack Lam, Community De- velopment Director. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearins was closed. City Clerk Authelet read the title of Ordinance No. 249. ORDINANCE NO. 249 (second reading) AM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, AMENDING PART III OF THE INDUSTRIAL AREA SPECIFIC PLAN TO ESTABLISH A HAVEN AVENUE OVERLAY DIS- TRICT LOCATED ON BOTH SIDES OF RAVEN AVENUE BETWEEN FOOTHILL BOULEVARD AND 4TH STREET MOTION: Moved by Wright, seconded by Buquet to waive full reading of Ordinance No. 249. Motion carried unanimously 5-0. City Council Minutes March 6, 1985 Page 10 MOTION: Moved by King, seconded by Buquet to adopt Ordinance No. 249 estab- lishing the Haven Avenue Overlay District, Motion carried unanimously 5-0. (26) 4C. ADOPTION OF 1982 UNIFORM MECHANICAL CODE - This adoption will enact the latest available edition of the nationally recognized Uniform Mechanical Code and fulfill State mandate for its adoption. Staff report by Jerry Grant, Building Official. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed, Title of Ordinance No. 252 was read by City Clerk Authelet. ORDINANCE NO. 252 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PANClIO CUCAMONGA, CALIFORNIA, ADOPTING THE 1982 EDITION OF THE UNI- FORM MECHANICAL CODE MOTION: Moved by King, seconded by Dahl to waive full reading of Ordinance No. 252. Mayor Mikels set second reading for Ordinance No. 252 for March 20, 1985. (27) 4D. ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 21 TRACT NOS. 12320, 12390, 11606-1, 10046. 10047. 12721 AND 9619 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. Staff report by Jack Lam, Community Development Director. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 85-67. RESOLUTION NO. 85-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO, 21 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12320, 12390, 11606-1, 10046, 10047, 12721 AND 9619 MOTION: Moved by Buquet, seconded by Wright to adopt Resolution No. 85-67 or- der the work in connection with Annexation No, 21 to the Landscape Maintenance District No, 1 and accepting the final Engineer's Report for said tracts, and waive full reading. Motion carried unanimously 5-0. ****** 4E. ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 8 AND ANNEXATION NO. 6 FOR TRACT NOS. 12390, 11606-1. 10046, 10047. 12490, 12790 AND 9619 TO STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND NO. 2. Staff report by Jack Lam, Com- munity Development Director. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed, City Clerk Authelet read the title of Resolution Nos. 85-68 and 85-69. City Council Minutes Harch 6, 1985 Page 11 RESOLUTION NO. 85-6 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION HITH ANNEXATION NO. 8 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEFa'S REPORT FOR TRACT NOS. 12320, 12490, 11606-1, 10046, 10047 AND 12721 RESOLUTION NO. 85-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION ~ITH ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12320, 11606-1, 10046, 10047 AND 9619 MOTION: Moved by Dahl, seconded by Ring to adopt Resolution No. 85-68 (order work in conenction with Annexation No, 8 to Street Lighting Haintenance Dis- trict No. 1) and Resolution No, 85-69 (order work in connection with Annexation No. 6 to Street Ligbting Maintenance District No. 2) and waive full reading, Motion carried unanimously 5-0. 4F. CITY OF RANCHO CUCAHONGA HOUSING POLICIES REPORT - Revi~ of a Housing Policies Report, as required by the Internal Revenue Code Section 103A, as said report relates to the housing policies which are to be used in conjunction with the City's Mortgage Revenue Bond Program. Staff report by Jack Lam, Community Development Director. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 85-70. RESOLUTION NO. 85-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HOUSING POLICY REPORT UNDER INTERNAL REVENUE CODE SECTION 103A AND DIRECTING ITS PUBLI- CATION MOTION: Moved by Buquet, seconded by Dahl to adopt Resolution No. 85-70 approving Housing Policy Report and waiving full reading. Motion carried unanimously 5-0. 4~. RL~DEVELOPNRNT AGENCY OF THE CITY OF RANCHO CUCAHONGA HOUSING POLICY RE- PORT- Revie~ of a Rousing Pollcies Report, as required by Internal Revenue Code Section 103A, as said report relates to the housing policies which are to be used in conjunction with the Redevelopsent A~ency's Mortgage Bond Program. Staff report presented by Jack Lam, Commnity Development Director. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 85-71. City Council Minutes March 6, 1985 Page 12 RESOLUTION NO. 85-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HOUSING POLICY REPORT OF THE REDEVELOPMENT ~ENCY OF THE CITY OF RANCHO CUCAMONGA, UNDER INTERNAL REVRNUE CODE SECTION 103A AND DIRECTING ITS PUBLICATION MOTION: Moved by Buquet, seconded by Wright to adopt Resolution No. 85-71 approving Housing Policy Report of the RDA and waiving full reading. Motion carried unanimously 5-0. (32) 5. NON-ADVERTISED HEARINGS 5A. ORDINANCE IMPOSING MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES. Staff report by Robert Dougherty, City Attorney. Mayor Mikels opened the meeting for public hearing. There being no further public response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 253. ORDINANCE NO. 253 (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO 1MPOSE A MORATORIUM ON THE ESTABLIS~NT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF MOTION: Moved by Buquet, seconded by Dahl to adopt Ordinance No. 253 estab- lishing a moratorium on Adult Businesses. Motion carried unanimously 5-0. Councilman Buquet suggested that a Subcommittee be formed to work on this. Mr. Dougherty suggested that a consultant be hired to work with the City in devel- oping an ordinance which would hold up in the courts. ACTION: Mayor MikeIs recommended that Councilwoman Wright and Councilman Buquet work on this. Council concurred and gave the direction that the sub- committee look into the necessity of hiring a consultant. 6. CITY MANAGER'S STAFF REPORTS (33) 6A. AWARD OF CONTRACT TO MATHIS ENVIRONMENTAL, INC., LOW BIDDER, FOR THE SOC- CER FIELD LIGHTING PROJECT AT BERYL PARK. Staff report presented by Lauren M. Wasserman, City Manager. (CO 85-025) MOTION: Moved by Dahl, seconded by Buquet to award the contract to Mathis En- viroumental for the Beryl Park soccer field lighting, in an amount not to ex- ceed $130,344.24. (AYSO will provide $50,000, and $80,344.24 from the City's Park Development Fund). Motion carried unanimously 5-0. (34) 6B. CONSIDERATION OF CHAFFEY-GARCIA HOUSE - Item was removed. City Council Minutes March 6, 1985 Page 13 6C. CONSIDERATION. OF AUTHORIZING THE SALE OF 1985 HOME MORTGAGE REVENUE BONDS AND DIRECTING THE CITY MANAGER TO EXECUTE AGREEMENTS. (Note: Item was heard after item 4A, out of Agenda sequence, since Bond Counsel, Scot Sollars, had to catch a plane). Staff report was presented by Lauren M. Wassex'man, City Manag- Scot Sollars, presented the process, and announced to Council that they had received a straight "A' bond rating. City Clerk Authelet read the title of Resolution No. 85-72. RESOLUTION NO. 85-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $53,727,000 PRINCIPAL ANOUNT OF HOME MORTCAGE REVENUE BONDS 1985 SERIES A, SUCH BONDS TO BE ISSUED PURSUANT TO A TRUST INDENTURE DATE AS OF MARCH 1, 1985, AUTHORIZING THE SALE OF SUCH BONDS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND AUTHORIZING THE EXECUTION OF AND APPROVING IMPLEMENTING ~REEMENTS, DOCUMENTS AND ACTIONS MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 85-72, authorizing the issuance of home mortgage revenue bonds, and waiving full read- ing. Motion carried unanimously 5-0. 7. COUNCIL BUSINESS No items submitted. 8. ADJOURNMENT Mayor Mikeis announced that they will make appointments to the Historical Pres- ervation Commission and Park Advisory Commission at the next meeting. MOTION: Moved by Buquet, seconded by Dahl to adjourn to Wednesday, March 13, 1985, 6:30 p.m., Neighborhood Center, for a Pre-Budget meeting. Motion carried unanimously. The meeting adjourned at 10:25 p.m. Respectfully submitted, Authelet/~-~'d'~ City Clerk