Loading...
HomeMy WebLinkAbout1984/06/06 - Minutes June 6, 1984 CITY OF PatriO CUCAMONGA CIT~ COUNCIL MINUTES Regular Meetin2 I. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, June 6, 1984 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:34 p.m. by Mayor Jon D. Mikels. Present were: Council members Pamela J. Wright, Charles J. Buquet II, Richard M. Dab1, Jeffrey King, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd aubbs; Cow~nunity Services Director, Bill Rolley; and Finance Director, Harry Empey. Approval of Minutes: Councilman Dahl stated he wasn't meeting of March 19th as indicated in the minutes, and record corrected. absent for the entire he wished to have the Motion: Moved by Dahl, seconded by Buquet to approve the March 19 minutes as amended. Motion carried 3-0-0-2 (Wright and King abstaining). Councilman Dahl requested that Section 4C of the May 19th minutes be expanded and to brought back to Council for approval. 2. ABNOUNC~MBNTS/PRESENTATIONS 2A. Presentation of City plaque to Beverly ~hite for her dedication and service while on the Historical Preservation Commission. 2B. Presentation of City plaque to Addie Juarez for her dedication and service while on the Planning Commission. 2C. Hr. Wasserman requested Consent Calendar item 3G be removed. 2D. Mayor Mikeis announced that Caltrans has indicated the Department's full support for commencement of the enviroemental work for the Foothill Freeway and work will start this summer. This is the last significant step prior to construction of that facility. 3. CONSENT C~LLENDAR Staff requested item G be removed. Councilmember Wright requested item C be pulled for discussion. 3A. Approval of Warrants, Register No's. 84-06-06 and Payroll ending 05/13/84 for the total amount of $301,442,18, 3B. Alcoholic Beverage Application No. AB84-12 for On-Sale Beer & Wine Eating Place License, Dut D. than, 9030 Foothill Boulevard,.~102. 3C. ITEM REMOVED FOR DISCUSSION: Alcoholic Beverage Application No. AB84-13 for Off-Sale Beer & Wine License, National Convenience Stores, Inc., 9718 Base Line Avenue. (I) (2) City Council Minutes June 6, 1984 Page 2 (3) (4) (5) (6) 3D. Alcoholic Beverage Application No. AB84-14 for Off-Sale Beer & Wine License, Pic N Save of California, Inc., 12322 4th Street. 3E. Alcoholic Beverage Application No. AB84-15 for On-Sale Beer & Wine Eating Place License, Daniel J. McConohy, 8800 Base Line Road. 3F. Approval of Improvement Extension Agreement for one year, submitted by Calvin and Rosemary Morgan for Parcel Hap 7646, located on the south side of Rillside Road, between Carnelian and Beryl. RESOLUTION NO. 84-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PaCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT FOR PARCEL MAP 7646 3G. ITEM REMOVED: Approval of Improvement Agreement and Improvement Security, submitted by Leonard Quatells for a single family residence, located at 7735 Calle Clarin. (7) RESOLUTION NO. 84-155 (Item removed, not adopted) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR A SINGLE FAMILY RESIDENCE AT 7735 CALLE CLARIN 3H. Approval of a Real Property Improvement Contract and Lien Agreement, submitted by James Previti for a lot line adjustment on the property located on the east side of Hellman Avenue, south of Base Line Road. RESOLUTION NO. 84-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVENENT CONTRACT AND LIEN AGREEMENT FROM JANKS PREVITI FOR LOT LINE ADJUSTMENT NO, 181 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (8) 31. Approval of Bonds and Agreement and Construction Improvement Agreement, submitted by Citation Builders for Tract Nos. 12238 and 12530, located on the west side of Hellman Avenue, on the north side of Church Street. RESOLUTION NO. 84-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCItO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, CONSTRUCTION IMPROVENENT AGREKHENT AND FINAL MAP OF TRACT NOS. 12238 AND 12530 (9) 3J, Approval of Bonds and Agreement, submitted by Edwards Construction Company for DR 83-08, located on the north side of Foothill Boulevard, east of Grove Avenue. RESOLUTION NO. 84-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPNENT REVIEW 83-08 (lO)3K. Release of Bonds: DR 81-22 - Located at 9120 Center Avenue; o~mer, Lord-Shobe Constructors, Inc. Faithful Performance Bond (Road) $ 8,500.00 City Council Minutes June 6, 1984 Page 3 RESOLUTION NO. 84-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 81-22 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE HORK 12919 Summit Avenue - Single Family Residence; owner, Richard T. French. Security Instrument $ 8,500.00 RESOLUTION NO. 84-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 12919 SUMMIT AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M.S. 72-0711 - Located on the west side of Vincent Avenue and the north side of Jersey; owner, Lucas Land Company. Surety Bond (Drainage) $12,000.00 Tract 12090 - Located at the northeast corner of Archibald and Feron; owner, USA Properties Fund, Ltd. Faithful Performance Bond (Road) $49,500.00 RESOLUTION NO. 84-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12090 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Parcel Map 5760 - Located on the northeast corner of Milliken & 6th Street; owner, O'Donnell, Brigham & Partners, Faithful Performance Bond (Road) $27,000.00 PIgSOLUTION NO. 84-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF tLANCHO CUC~ONCA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEIdENTS FOR PiNdCEL liAP 5760, PARCEL 7, AND AUTHORIZING THE FILING OF A NOTICE OF COMFLETION FOR THE WORK 3L. Approval of Replacement Bonds and Agreement for Tract No. 9539, submitted by Plaza Builders and release of previously accepted Agreement and Security from Brubaker, Davis & Person for the subject Tract, located on the west side of Sapphire Street at Jennet Avenue. Accept: Faithful Performance Bond Labor and Material Bond $ 92,900.00 $ 4~,450.00 Release: Improvement Security $174,000.00 Instrument RESOLUTION NO. 84-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING PREVIOUSLY ACCEFTED IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY AND APPROVING RKFLACEMENT IMPROVEMENT AGREEMENT AND SECURITY FOR TRACT NO. 9539 (xl) (~2) (~4) City Council Minutes June 6, 1984 Page 4 (16) (17) (18) (19) (2o) 3M. Approval of award of contract (CO84-22) for the construction of Beryl-Bellman Storm Drain and Beryl Street Improvements, Phase I, to the lowest qualified bidder, Riverside Construction, for the total contract amount of $889,904.50 plus a 10Z contingency; and acceptance of proposals from Bill Mann and Associates for the construction staking of the above project in the amount of $23,500.00; and from Richard Mills and Associates for the materials testing of the above project in the amount of $12,600.00. To be funded from Systems Development and Drainage Fees. 3N. Approval of $1,100 transfer from Community Development/Administration Travel and Meetings Account to City Facilities Equipment Account. 30. Approval of recommendation that the Engineering Services Contract Change Order for Contract CO84-06 to GPS Consulting Civil Engineers be approved for the completion of design services for the reconstruction of San Bernardino Road from Vineyard Avenue to Archibald Avenue. The contract amount will be increased by $4,840 to a new contract total of $24,740. 3P. Approval of Traffic Signal Maintenance Contract Supplement to Purchase Order No. 2588 in the amount of $50,100.00. 3Q. Approval of Resolution establishing those individuals who may sign small claims court documents. RESOLUTION NO. 84-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONGA, CALIFORNIA, NAMING THOSE INDIVIDUALS WHO WILL BE ALLOWED TO SIGN SMALL CLAIMS COURT DOCUMENTS RELATING TO BUSINESS LICENSES (21) 3R. Approval individuals codes. of Resolution to update the records and change the names of those who may enforce City ordinances and all primary and secondary (22) RESOLUTION NO. 84-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA/~CHO CUCAMONGA, CALIFORNIA, DESIGNATING CERTAIN CITY EMPLOYEES TO ENFORCE CITY ORDINANCES AND ALL PRIMARY AND SECONDARY CODES REFERRED TO THEREIN 3S. Approval of Agreement, CO84-23, for Engineering Services to C. G. Engineering for preparation of Plans, Specifications and Estimates for Archibald Avenue F.A.U. (street resurfacing and rehabilitation). This Agreement supersedes or otherwise replaces the existing Agreement with C. G. Engineering for the same workings. Contract amount not to exceed $13,900. MOTION: Moved by Dahl, seconded by King to adopt the Consent Calendar with the deletion of items C and G. M~tion carried unanimously 5-0. DISCUSSION OF ITEM C: Alcoholic Beverage Application AB84-13 for Off-Sale Seer & Wine Eating Place License, National Convenience Stores, Inc., 9718 Base Line Avenue. Councilmember Wright inquired about Section 10 which indicated they had violated provisions of the Alcoholic Beverage Control Act. She wanted the record show she did not approve of this license. Mayor Mikels explained that we are not actually approving the license. In cases of large chains such as these, there can be such violations. However, it does not apply to this particular store. In that case, Ms. Wright stated she would approve this. MOTION: Moved by Wright, seconded by King to approve Consent Calendar Item 3C. Motion carried unanimously 5-0. City Council Minutes June 6, 1984 Page 5 4. ADVERTISED PUBLIC HEARINGS 4A. TERRA VISTA PARK DEVELOPMENT AGREEMENT (CO84-28) BETI/EEN THE CITY OF RANCHO CUCAMONGAAIfl) LEWIS CONSTRUCTION COMPANY. INC.. k~STERI~ PROPERTIES. LEWIS HOMES OF CALIFORNIA AND LEWIS DEVELOPMENT COMPANY - Item continued from Hay 24, 198~ meeting. Ladten Wasserman, City Manager, presented brief staff report. Hayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 227. ORDINANCE NO. 227 (second reading) AN ORDINANCE OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT ENTITLED '~ERRAVISTA PARK DEVELOPMENTAGREEMENT NO. 1' BETWEEN THE CITY OF RA~CHO CUCAHONGA ON THE ONE HAND AND LEWIS CONSTRUCTION COMPANY, INC., WESTERN PROPERTIES, LEWIS HOMES OF CALIFORNIA AND LEWIS DEVELOPMENT COMPANY ON THE OTHER HAND MOTION: Moved by Dahl, seconded by Wright to waive full reading of Ordinance No. 227. Motion carried unanimously 5-0. MOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 227. Motion carried unanimously 5-0. 4B. ALTA LOMA CHANNEL ASSESSMENT DISTRICT 82-2 - City Council to conduct public hearing on the formation of an Assessment District to construct channel facilities between Archibald Avenue and Hermosa Avenue, north of Banyan Street. Item continued from March 21, 1984 meeting. Staff report presented by Lloyd Hubbs, City Engineer. Hayor MikeIs opened the meeting for public hearing. Addressing Council were: Pat Guerra, 8218 Kirkwood Court, member of First Assembly of God Church, Alta Loma. Expressed that this was a near-sighted situation. Felt that the church should not be assessed since the water flow comes further upstream; and further, they felt a church should not be taxed, Mr. Hubbs responded that churches are assessed just like single femily homes. There was a condition of approval that the church would participate in the assessments. Actually, there is more water running off from this property with the parking lots, Glen McClain, 8269 Halvern, expressed that by assessing buildings and new homes, this will increase the property value of homes and property around the project; therefore, increasing the prices of homes. He objected to this increase in property value that this would create, Sue Bradford, 7014 Ramona, was concerned about the history of water and children crossing the streets since this would not decrease the water flow. Mr. Hubbs responded there would be benefits in that there would be bridge crossings at major places. Reverend Lawrence Howard, 9540 Ironwoods pastor of First Assembly of God Church, expressed the unfairness of the assessment and that it would create a hardship on the church. There being no further public response, Hayor Mikels closed the public hearing. Mr, Hubbs stated that at this time we are only setting the boundaries for the District. Art Assessment Engineer would look at this matter of the assessments and take into consideration the different benefits. (23) City Council Minutes June 6, 1984 Page 6 City Clerk Authelet read the title of Resolution No. 84-166. (24) RESOLUTION NO. 84-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R~CHO CUCAMONGA, CALIFORNIA AIL%NDONING PROCEEDINGS AND REJECTING BIDS FOR THE CONSTRUCTION OF CERTAIN IN~ROVENENTS IN ASSESSMENT DISTRICT PURSUANT TO THE '~4UNICIPAL INPROVEMENT ACT OF 1913" MOTION: Moved by Dahl, seconded by Wright to adopt Resolution No. 84-166 abandoning Assessment District 82-2, rejecting all construction bids, and waive full reading. Hotion carried unanimously 5-0. City Clerk Authelet read the title of Resolution No. 84-167. RESOLUTION NO. 84-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REINITIATING SPECIAL ASSESSMENT DISTRICT PROCEEDINGS FOR THE CONSTRUCTION OF CERTAIN ALTA LOMA FLOOD CONTROL CHANNEL IKPROVEMENTS Councilmember Wright asked the City Attorney if allowing development knowing what we know about the proposed channel and the probability of at least five percent more runoff water would be filtered down an already hazardous area, would this make the city more vunerable and what would our legal liabilities be regarding that? Mr. Dougherty responded that any time you permit development, cities are not subject liability by approving private development projects. Whether this will change in the future based upon the Supreme Court, he cannot guess. There is a possibility that the City's exposure will be increased; whether or not there is an actual liability, he would not want to venture a guess. Mr. King stated that he was still unclear about the entire scope of the project. If we are only moving ahead with the establishment of a boundary line, that is one matter. If we are moving ahead with more specifics than just the boundaries, then that is another matter. Don Owen, consultant, briefed the Council regarding the steps involved in the formation of the Assessment District, MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 84-167 reinitiating proceedings on Assessment District 84-2, and approve contract changes with: Associated Engineers (Mills & Lill) for design work at $29,000 -- C0139 Don Owen and Associates as Assessment Engineer at 814,000 -- C083-04 And approve contracts with: Donald King and Associates for EIR work at $5,625 -- CO84-24 McKenzie Brown, Inc. for legal counsel services on a percentage fee basis of confirmed assessments -- CO84-25 and waive full reading. Hotion carried by the following vote: AYES: Buquet, MikeIs, Dahl, King NOES: Wright ABSENT: None (26)4C. PUBLIC REARING TO ORDER THE WORK IN CONNECTION WITH ANNEXATION NO. 18 TO LANDSCAPE NAINTENANCE DISTRICT NO. I FOR TRACTS 9399. 9400. 12414. 11915-1, 12362. 12026. 12027, 11663 AND DR 83-17, Staff report presented by Lauren Wasserman, City Manager. City Council Minutes June 6, 1984 Page 7 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. 84-168. RESOLUTION NO. 84-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 18 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 9399, 9400, 12414, 11915-1, 12362, 12026, 12027, 11663 AND DR 83-17 MOTION: Moved by Buquet, seconded by Wright to adopt Resolution No. 84-168 ordering the york in connection with Annexation No. 18 to Landscape Maintenance District No. 1 for Tract Nos 9399, 9400, 1214, 11915-1, 12362, 12026, 12027, 11663, DR 83-17; to approve Engineer's Report; and to waive full reading. Motion carried unanimously 5-0. 4D. PUBLIC HEARING TO ORDER THE WORN IN CONNECTION HITH ANNEXATION NO. 3 TO STP, EET LIGHTING MAINTENANCE DISTRICT NO. 1 AND NO. 2 FOR TRACTS 9399. 9400. 12414. 11915-1. 12362. 12026, 12027. AND DR 83-17 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. 84-169. RESOLUTION NO. 84-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 3 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 9399, 9400, 12414, 11915-1, 12362, 12026, 12027, AND DR 83-17 MOTION: Moved by Dahl, seconded by King to adopt Resolution No. 84-169 ordering the work in connection with Annexation No. 3 to Street Lighting Maintenance District No. 1 for Tract Nos. 9399, 9400, 12414, 11915-1, 12362, 12026, 12027, and DR 83-17; to approve Engineer's Report; and to waive full reading. Motion carried unanimously 5-0. Title of Resolution No. 84-170 was read by City Clerk Authelet. RESOLUTION NO. 84-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 3 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 9399, 9400, 12414 AND 11549-1 MOTION: Moved by Dahl, seconded by King to adopt Resolution No. 84-170 ordering the work in connection with Annexation No. 3 to Street Lighting Maintenance District No. 2 for Tract No. 9399, 9400, 1241 4, and 11549-1; to approve Engineer's Report; and to waive full reading. Motion carried unanimously 5-0. (27) (28) Mayor Mikeis called a recess at 8:57 p.m. The meeting reconvened at vith all members of Council and staff present. 9:15 p.m. 'ty Council Minutes June 6, 198~ Page 8 (29) 4E. ENVIRONMENTAL ASSESSHENT AND DEVELOPMENT DISTRICTS AHENDM~NT 84-01 - RICHI/OOD - A Developssent Districts Amendment from Hedium Residential (8-14 du/ac) to Low Medium Residential (4-8 du/ac) for 16.3 acres of land, located on the north side of 9th Street, between Baker Avenue and Madtone Avenue - APN 207-261-02 and 03, 207-132-01 through 37. Item continued from Nay 16, 1984 meeting. Staff report presented by Rick Comez, City Planner. Nayor Mikels opened the meeting for public hearin~. There being no response, the public hearing was closed. City Clerk Authelet read title of Ordinance No. 226. ORDINANCE NO. 226 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RKZONING ASSESSOR'S PARCEL NUMBERS 207-261-02 AND 03, AND 207-132-01 THROUGH 37, LOCATED ON T~E NORTH SIDE OF 9TH STREET, BETWEEN BAKER AND MADRORE AVENUES FROM MEDIUM RESIDENTIAL (8-14 DU/AC) TO LOH-MEDIUM RESIDENTIAL (~-8 DU/AC) MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance No. 226. Nation carried unanimously 5-0. Nayor MikeIs set second reading for June 20, 1 984. (30) 4F. APPEAL OF PLANNING COMMISSION DECISION APPROVING TENTATIVE TRACT 12532 - ARCHIBALD ASSOCIATES - The development of 111 zero lot line homes on 14.5 acres in the Low Medium Residential District, located between Archibald and Ramona Avenue at Monte Vista Street - APN 202-181-05, 06, 15, 16. Staff report by Dan Coleman, Assistant Planner. Nayor Hikeis opened the meeting for public hearing. Addressing Council was: Randy Poag, Pacer Homes, a partner with Archibald Associates. He reviewed the items in question such as narrow lots, narrow sidewalks/parkways, inadequate on-street parking, short backyards, inadequate garage setbacks from the street, streetscapes dominated by garages, and the rolled curb and gutters. Tom Bradford, 701Ramona, expressed that the developer has worked closely with them and felt this was a worthwhile project. Gall Watkins, 9713 Pleasant View Drive, spoke in opposition to the rolled curbs. The people living in the Brock Homes do not like them. You can't get cars over the rolled curb. Bruce Ann Hahn, 9910 Lion Street, spoke in opposition to the rolled curbs, and the small front yards that were all garages. Frank Kobacvic expressed that it was very easy to knock over light poles with rolled curbs and opposed the use of rolled curbs. There being no further public response, Nayor Mikeis closed the public hearing. After a lengthy discussion, Council made the following determinations for the project: Minimum 15 foot rear yards (not only for this project, but for all projects in the City Increase landscaping No roll curbs and gutters 36 foot wide street throughout the project City Council Minutes June 6, 1984 Page 9 Mitigate single family residences problem on north perimeter of the property (the Lighther tract) Requiring landscaping and additional architectural treatment along the rear of Lot 38 through Lot 44 Deletion of Plan 1 ACTION: Council concurred to continue matter to June 20 and directed staff to draft a Resolution incorporating the changes for consideration. Applicant concurred in coming back at the next Council meeting and working with staff to mitigate problems. Mayor Mikels called a recess at 10:45 p.m. The meeting reconvened at 11:05 p.m. with all members of Council and staff present. MOTION: Moved by King, seconded by Dahl for the matter of Tentative Tract 12532 by Archibald Associates be continued to June 20, 1984. Motion carried by the following vote: AYES: Mikeis, Dahl, King NOES: None ABSENT: Wright, Buquet 4G. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 83-07 ARCHIBALD ASSOCIATES - A Development Districts Amendment from Medium Residential (8-14 du/ac) to Low Medium Residential (4-8 du/ac) for 4.5 acres of land, located on Archibald, south of Victoria - APN 202-181-15. Developer consented to continuing this item along with the previous item. MOTION: Moved by Dahl, seconded by Buquet to continue item to June 20, 1984. Hotion carried unanimously 5-0. OKDINANCE NO. 228 (first reading) AN ORDINANCE OF TEE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-181-15, LOCATED ON TEE EAST SIDE OF ARCHIBALD, SOUTH OF VICTORIA FROM MEDIUM RESIDENTIAL (8-14 DU/AC) TO LOW MEDIUM RESIDENTIAL (4-8 DU/AC) 4H. APPEAL OF PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PEPailT 84-02 - HARP - A request to maintain a 350-400 bird aviary at 9110 Carrari Court in the Very Low Residential District - APN 1061-781-19. Staff report by Dan Coleman, Assistant Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Mr. Harp requested that the CUP not be denied. Virgina DeStefano, 9126 Carrari Court, stated the noise level was very high. Jackie Hutchins, 954 Carrari Court, stated the place is not kept very clean Albert DeStefano, stated the noise was worse around 5:00 a.m. Mr. King stated that it appears the noise level is one of the primary concerns. There are ways the noise could be stopped and if he is willing to pay the money to do that, then he should be given opportunity to do so. (32) City Council Minutes June 6, 1984 Page 10 Mr. Buquet stated that he had met with Mr. Harp near the end of last year. At that time, Mr. Harp was asking for one year in order to find another place to relocate. Mr. Buquet stated he has been in the neighborhood at other times also and was aware of the problem. The problem is that the birds are being heard and not seen which is an invasion of the neighbors rights. It has been reported that there needs to be a thorough cleaning and disinfecting of the area. He stated he could not support this. There being no further response from the public, the public hearing was closed. Hayor MikeIs stated that Mr. Harp exceeds the number of birds allowed in the Development Code. Mr. King stated that he was in support of this until after hearing Mr. Buquet. Since then, he has changed his mind. Mr. Dougherty stated that Mr. Harp is in violation and if the appeal is denied, he would be subject to immediate removal of excess birds. Council could, however, separately instruct staff not to start enforcing until a stated time. MOTION: Moved by Buquet, seconded by Dahl to deny the appeal of CUP 84-02 and uphold the Planning Commission's decision. Hotion carried unanimously 5-0. After further discussion, Council felt they should give Mr. Harp time to get his property in compliance. MOTION: Moved by King, seconded by Buquet to give Mr. Harp forty-five days to get his property in compliance with the City Codes. Motion carried unanimously 5-0. 5. NON-ADVERTISED HEARINGS <33) 5A. STATUS REPORT OF ACQUISITION OF TRAINING LEVEE FOR FLOOD CONTROL PURPOSES - R.C. LAND CO. - Construction of Training Levee providing Flood Protection for Tracts 11934, 12044, 12045, and 12046. Approval is recommended of agreement with R.C. Land Co. to cover all costs involved in the condemnation of lands required for the construction of a flood protection training levee. Mr. Wasset-man reported that it was staff's recommendation to remove item from the agenda. This is a situation between Williem Lyon Company and to other parties, and is felt that the matter will be resolved without the City. ACTION: Consensus of Council to remove item from the Agenda and to return the $3,000 deposit which was subemitted to the City for acquisition of property by eminent domain. 6. CITY MANAGER'S STAFF REPORTS (34) 6A. CITIZENS REQUEST REGALING THE OFFICE OF )IAYOR Charles West, 6311 Emerald Street, Alta Loma, presented Council with petitions requesting Council to consider putting on the November Ballot a measure to make the position of Hayor an elected position. They did not expect an answer this evening, but requested coming back for a decision. ACTION: Council concurred to bring the matter back at the July 5th meeting for consideration. City Council Minutes June 6, 1984 Page 11 REVISED ORDER OF AGENDA Because of the lateness of the hour, Council concurred in changing the order of the Agenda since some people had come to address certain issues. Items 6C and 7A were heard next; however, the minutes remain in order as originally set. 6B. CABLE TELEVISION MATTERS - Development of minimum requirements for Cable Television Service proposals (RFP), and setting of interim minimum system design standards for present Cable Television operators within the City. Staff report by Robert Rizzo, Assistant to City Manager. Carl Pilnick, Telecom=unications Inc., was present to answer questions of Council. Mayor MikeIs opened the meeting for public comment. Addressing Council were: Ulla Bauers, 8357 Bella Vista, expressed we needed time to go over the proposal. Clayton Graham, General Manager for Cable T.V. of Alta Loma, 9950 Roberrs Court, expressed concern over the interim Resolution. He requested a briefing as to what this would do since he did have some concerns. Jim Monroe stated that they will be expanding, but what they are constructing exceeds the standards reconnnended by the City. ACTION: Council concurred to continue the item to a special workshop on Thursday, July 26, 1984 - 7:00 p.m. in the Lions Park Convmunity Center. City Clerk Authelet read the title of Resolution No. 84-171. RESOLUTION NO. 84-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, ESTABLISHING INTERIM MINIMUM SYSTEM DESIGN AND CAPACITY STANDARDS FOR CABLE TELEVISION SERVICE WITHIN THE CITY LIMITS OF RANCHO CUCAMONGA MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. waive full reading. Motion carried unanimously 84-171 and 6C. RENEI/AL OF ANIMAL CONTROL SERVICE CONTRACT (C084-26) - The City Council will consider approval of Animal Control Service Contract with the Public Health Department of San Bernardino County. Pat English, Program MAnager for San Bernardino County Animal Control Services, was present to answer questions of Council. Mayor MikeIs expressed that he wanted to have Rancho Cucamonga pets that are picked up and are licensed to be kept in Rancho Cucamonga. He felt we had several veterinarians who have contacted him that they were willing and ready to assist in this way. Mayor MikeIs opened the meeting for public comment. There being no response, the public portion of the meeting was closed. MOTION: Moved by Buquet, seconded by Dahl to approve contract with the San Bernardino County Public Health Department, Animal Control Services for animal control for 1984--85 fiscal year. Motion carried unanimously City Council Minutes June 6, 1984 Page 12 (37) 6D. AHARD OF CONSTRUCTION CONTRACT (C084-27) TO LOWEST Pa~SPONSIBLE BIDDER, R & R GENERAL CONTRACTORS. FOR THE 3600 SQUARE FOOT ADDITION TO THE RANCRO CUCAMONGA NEIGHBORHOOD CENTER. Staff report by Bill Rolley, Community Services Director. NOTION: Moved by Dahl, seconded by Buquet to accept construction bids for the Neighborhood Center expansion, and award the construction contract to the lowest responsible bidder, R & R General Contractors, for the base bid of $399,990 to include Alternate 1 for $7,645 and Alternate 2 for $7,159, for a total contract award price of $414,794.00. Motion carried unanimously 5-0. Mayor Mikels called a recess at 12:35 p.m. p.m. with all members of Council and staff continue Items 6E and 6F. The meeting reconvened at 12:47 present. Council concurred to (38) 6E. DESIGNATION OF FOOTHILL FREEWAY INTERCHANGE AT DAY CREEK BOULEVARD AND EAST (39) AVENUE AND APPROVAL OF CONTRACT (C084-29) - Recommend approval of resolution requesting Caltrans to designate and protect rights-of-way to construction Route 30 Freeway interchange at Day Creek Boulevard and East Avenue and to eliminate the interchange designation at Etiwanda Avenue. (Item continued) RESOLUTION NO. 84-172 (continued) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCHO CUCAMONGA, CALIFORNIA REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION DESIGNATION OF FREEWAY INTERCHANGE ON ROUTE 30 AT DAY CREEK BOULEVARD AND EAST AVENUE (40) 6F. BASE LINE MEDIAN DESIGN - Landscape and construction design concept for the Base Line Median, east of Raven Avenue. (Item continued) (41) 6G. BLOCK GRANT FUNDING FOR FISCAL YEAR 1984-85 - Due to reduction in CDBG funding in Fiscal Year 1984-85, the Council will consider reducing the contingency by $12,000. Staff report presented by Otto Kroutil, Senior Planner. Meeting opened for public comment. Addressing Council was: James Frost wanted to be sure that the was shown from the contingency and assured him it would not be overlooked. money for the Charley Carcia Rouse would not be overlooked. Council There being no further public response, the public portion of the meeting was closed. City Clerk Authelet read the title of Resolution No. 84-173. RESOLUTION NO. 84-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING PROGRAM FUNDING FOR THE COMMUNITY DEVKLOFMENT BLOCK GRANT PROGRAM FUR FISCAL VEAR 1984-85 City Council Minutes June 6, Page MOTION: Moved by Dahl. seconded by Wright to adopt Resolution No. 84-173 mending the program funding for the City's Block Grant allocation for fiscal year 198~-85 which reduces the allocation by $12,000 and to waive full reading. Notion carried unanimously 5-0. 6H. ADOPTION OF CONMUNITY DEVELOPMENT PLAN - The City Council to consider adoption of a Community Development Plan as required by Block Grant regulations. Staff report presented by Otto Kroutil, Senior Planner. City Clerk Authelet read title of Resolution No. 84-174. RESOLUTION NO. 84-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCHO CUCAHONGA, CALIFORNIA APPROVING THE CITY'S COMMUNITY DEVELOPHENT PLAN MOTION: Moved by Buquet, seconded by King to adopt Resolution No. 84-174 approving the Community Development Plan and waive full reading. Notion carried unanimously 5-0, 61. CONSIDERATION OF CHANGING JULY 4, 1984 CITY COUNCIL MEETING DATE IN OBSERVANCE OF INDEPENDENCE DAY HOLIDAY ACTION: Council concurred to set meeting for July 5, 1984 at 7:30 p.m. 7. COUNCIL BUSINESS ADDED ITEM- FLY PROBL~H Addressing Council was a resident, Regina Seivers, who had requested time on the Agenda, The neighborhood she lives in is having an unusual problem with flies. She requested Council to draft an ordinance establishing control over poultry ranches in order to reduce flies. ACTION: Council directed the City Attorney to investigate vector control ordinances in other communities such as Chino and check to see what is provided through the County, Council directed staff to investigate what other issues needed to be looked at should the City wish to get into vector control and to bring back some alternatives for consideration. 7B. Nr. Doughstry reported that the case between Lewis Homes and County of San Bernardino regarding the property north of the City is moot since the adoption of the Foothill Plan. He recon~ended that the case be dismissed. MOTION: Moved by King, seconded by Wright to authorize the City Attorney dismiss the lay suit with Lewis Homes. Notion carried unanimously 5-0. (45~ City Council Minutes June 6, 1984 Page 14 8. ADJOURNMENT MOTION: Moved by Buquet, seconded by Dahl to adjourn to a Closed Session to reconvene on June 14 at 6:00 p.m. for a Budget Meeting. Motion carried unanimously 5-0, The meeting adjourned at 1:30 a.m. Respectfully submitted, Beverly A. Authelet City Clerk