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HomeMy WebLinkAbout1989/01/04 - Minutes January 4, 1989 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, January 4, 1989, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:32 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles J. Buquet II, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, Acting City Manager; James Markman, City Attorney; Brad Bullet, City Planner; Russell Maguire, City Engineer; Jim Hart, Administrative Services Director; Duane A. Baker, Administrative Assistant; Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; Jerry Fulwood, Resource Services Director; Alan Warren, Associate Planner; Beverly Nissan, Assistant Planner; Paul Rougeau, Senior Civil Engineer; Marti Higgins, Disaster Preparedness Coordinator; and Debra J. Adams, Deputy City Clerk. , , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Proclamation was presented to the Bonnere by Mayor Stout in recognition of their accomplishment at the Marlboro Country Showdown National Competition in Nashville, Tennessee. , , , , , , C. CONSENT CALENDAR Cl. Approval of Warrants, Register No'B. 12/21/88 and 12/28/88 and Payroll ending 12/22/88 for the total amount of $1,513,849.06. C2. Approval to receive and file current Investment Schedule as of December 26, 1988. C3. Alcoholic BeverageApplication for Off Sale General for Warehouse Liquors, Tony R. Lin and Wun-Ping Wu, 10277 Foothill Boulevard. City Council Minutes January 4, 1989 Page 2 (i) (2) (4) (5) (6) (7) C4. Approval of Park and Recreation Commission Recommendations for Appointment of eleven Red Hill Community Residents to serve on the Creekside Park Community Design Committee. PULLED BY COUNCILWOMAN WRIGHT FOR DISCUSSION (0701-01 APOINT COM) C5. Approval of recommendation that the City permit the County of San Bernardino to defend the lawsuit of Los Angeles SMSA Ltd. Partnership, etc., et al. v. State Board of Equalization, etc., et al. on behalf of the City of Rancho Cucamonga. (0703-01 LITIGATION) C6. Approval to declare an Apple IIe computer surplus and authorize the sale of the computer. (0604-02 SURPL PROP) C7. Approval of application for the per capita grant program under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 for the acquisition of land for the North East Community Park as recommended by the Park and Recreation Commission. (1404-06 PK DEVEL) (1002-00 PROPERTY) RESOLUTION NO. 89-001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION ACT OF 1988 FOR ACQUISITION OF LAND FOR THE NORTH EAST COMMUNITY PARK C8. Approval of the inclusion of five new projects into the Fiscal Year 1988/89 Capital Improvement Program. The new projects are: the design of traffic signals at the intersections of Archibald and Lemon Avenues and at Haven Avenue and Seventh Street; the design of parkway landscape improvements on the east side of Rochester Avenue between Base Line Road and Highland Avenue; the design of median island landscape improvements on Monte Vista Street east of Eastwood Avenue; and the City-wide Beautification Master Program Review and Fee Nexus Study. (0806-0 CIP) C9. Approval to order the annexation of certain territory to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for DR 87-17, located on the northeast corner of Haven and Highland Avenues. (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 89-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3AND STREET LIGHTINGMAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 87-17 Cl0. Approval to execute the Agreement (CO 89-001) for the design of the addition of a loop on-ramp to the Foothill Boulevard - Route 15 Interchange to Parsons, Brinckerhoff, Quade and Douglas, Incorporated, for a maximum of City Council Minutes January 4, 1989 Page 3 $171,500 plus a 10% contingency. The project is funded through the 1988/89 Redevelopment Agency Budget, Account No. 13-50300. (0602-01 CONTRACT) Cll. Approval to execute Professional Services Agreement (CO 89-002) with Landscape and Water Management Consultants for design and operations training for the Red Hill Lake Biosystem Modifications, and approve the inclusion of a 10% contingency fee, for a total not to exceed $17,000.00. Project to be funded by account number 25-4285-7043. This is a Fiscal Year 1988/89 budgeted appropriation. PUT3~D FOR DISCUSSION BY COUNCILWOMANWRIGHT (0602-01 CONTRACT) C12. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for DR 87-19 and DR 87-20, located on the northeast corner of Sixth Street and Turner Avenue, submitted by Indumar Investments, Inc. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 89-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 87-19 AND 87- 20 RESOLUTION NO. 89-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 87-19 AND DR 87-20 C13. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District NoB. 1 and 2 for Tract 13063, located on the east side of East Avenue at Catalpa Street, submitted by Citation Builders. (1002- 09 MAP FINAL) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 89-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13063 RESOLUTION NO. 89-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13063 (8) (9) (io) (ii) (i2) City Council Minutes January 4, 1989 Page 4 (u) C14. Approval to execute Improvement Agreement and Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. i and 6 for MDR 88-19, located on the south side of Arrow Route, east of Haven Avenue and west of White Oak Avenue. (0602- 01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 89-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR MINOR DEVELOPMENT REVIEW NO. 88-19 RESOLUTION NO. 89-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3, AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MINOR DEVELOPMENT REVIEW NO. 88-19 C15. Approval of Map, exccuti~l of Ialp~ov{..{nt A~ccm~nt, I..Fr~em{nt Security and OMe:in9 th~ Annexation to Landscap~ Maintenance District No. I and St~cct Li9htin9 Maint~.ancc District Nos. 1 and 2 for Tract 12332 2, located on the cast sid~ of Haven Av{nu~, north of Hillsid{ Channel, suh,,itted by M.J. D~ock and Sons, Inco:Foratcd. (1002-09 MAP FINAL) (0401-03 LNSCAPE MD) (0401-03 ST LTMD) RESOLUTION NO. 09 009 A RESOLUTION OF TIIE CITY COUNCIL O~ TIIE CITY OF RAN~IO CUCAMONOA, CALIFORNIA, APPROVIN~ IMPROVEMENT AOREE~NT, IMPROVEmeNT SECURITY, AND FINAL ~P OF TRACT NO. 12332 2 RESOLUTION NO. 09 010 A RESOLUTION O~ TIIE CITY COUNCIL OF TI~ CITY OF RANCIIO CUCAMONOA, CALIFORNIA, ORDERINO TIlE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE b~INTENANCE DI3TRICT NO. 1 AND 3TREET LIOI~INO ~INTENANCE DISTRICT NOO. 1 M{D 2 FOR TRACT 12332 2 ITEM C15 PULLED BY M.J. BROCK & SONS. MEETING. ITEM TO COME BACK AT JANUARY 18, 1989 C16. Approval to Release Real Property Improvement Contract and Lien Agreement (CO 89-003) releasing Parcel 1 of Parcel Map 8100, located on the northeast corner of Ramona Avenue and Foothill Boulevard, submitted by First American Title Insurance Company. (0602-01 AGREE R I/L) City Council Minutes January 4, 1989 Page 5 RESOLUTION NO. 89-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM FARMER JACK'S NURSERY LAND COMPANY C17. Approval to accept Improvements, Release of Bonds and file a Notice of (18) Completion for Tract 12319 Pedestrian Bridge, located on the northwest corner of Tetra Vista Parkway and Spruce Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT ) Faithful Performance Bond (Street) $ 28,500.00 RESOLUTION NO. 89-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12319 PEDESTRIAN BRIDGE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C18. Approval of Emergency Management Assistance Signature Resolution amending (19) Resolution 87-536 as required by State Office of Emergency Services to facilitate Rancho Cucamonga's request to participate in Funding Assistance program. (0201-00 DISASTER) (0100-00 ADMIN) RESOLUTION NO. 87-536A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, NAMING INDIVIDUALS WHO ARE AUTHORIZED TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE CITY OF RANCHO CUCAMONGA C19. Approval of a Subordination Agreement (CO 89-004) from Booker T. Laster (20) and Migdalia E. Laster for their property located at 443 Crooked Creek Drive. (0602-01 AGREE SUB) RESOLUTION NO. 89-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A SUBORDINATION AGREEMENT FROM BOOKER T. LASTER AND MIGDALIA E. LASTER AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME MOTION: Moved by Brown, seconded by Alexander to approve the Consent Calendar, less items C4, Cll and C15. Motion carried unanimously, 5-0. , , , , , City Council Minutes January 4, 1989 Page 6 DISCUSSION OF ITEM C4. Approval of Park and Recreation Commission Recommendations for Appointment of eleven Red Hill Community Residents to serve on the Creekside Park Community Design Con~nittee. Councilwoman Wright stated she had pulled this item because she did not feel Bill Holley should be included on the list, because of his previous work on this Committee. Councilman Buquet felt that as a resident, Bill Holley should be able to work with this group, and felt that his background in this area would assist the Committee. Councilman Alexander mentioned the fact that because there were eleven people to be on this Committee, he did not feel one person could override whatever was trying to be accomplished. MOTION= Moved by Wright, seconded by Brown to approve the following individuals submitted with the exception of Bill Holley= 1. Richard Clements 2. Ron Holdridge 3. 'Bill Holley 4. Gail Marlow 5. Frank Perri 6. Tom Subt 7. Mrs. Bonnie Quaintance 8. Mr. & Mrs. Steven Scholl 9. Walter Todorov 10. Hugo Valrinek 11. Matthew & Valeria Wilson 7717 Buena Vista 8441 Via Ladera 7515 Valle Vista 8287 Calle Del Prado 8373 Camino Sur 8480 Camino Sur 7440 Buena Vista 7354 Alta Cuesta 7450 Valle Vista 7599 Buena Vista 7516 Valle Vista Motion carried, 3-2 (Alexander, Buquet no). , , , , , DISCUSSION OF ITEM C11. Approval to execute Professional Services Agreement (CO 89-002) with Landscape and Water Management Consultants for design and operations training for the Red Hill Lake Biosystem Modifications, and approve the inclusion of a 10% contingency fee, for a total not to exceed $17,000.00. Project to be funded by account number 25-4285-7043. This is a Fiscal Year 1988/89 budgeted appropriation. Councilwoman Wright stated she had pulled Item Cll so that she could ask the question, as she does whenever there is an item regarding Red Hill Park, would the City be reimbursed at some time for the cost of this, once all of the lawsuits have been settled. Russell Maguire, City Engineer, stated yes. City Council Minutes January 4, 1989 Page 7 James Markman, City Attorney, stated this particular contract does not relate to any pending litigation, just to clarify Councilwoman Wright's question. Councilwoman Wright then asked if this relates to a better technology. James Markman, City Attorney, said possibly, and that they will possibly find corrections, and that there may be design errors in the fist place. He did not say for certain if a pending case would pay for this unless there is an error found, and that would probably be a different lawsuit. Councilwoman Wright stated that she would like Council to give direction to staff to let the Council know if this is for better technology, or if there are any design or construction errors, and for this information to come back to the Council. MOTION: Moved by Wright, seconded by Alexander to approve Item Cll. Motion carried unanimously, 5-0. D. CONSENT ORDINANCES Deputy City Clerk Debra Adams read the titles of Ordinance Nos. 383, 386 and 387. Councilwoman Wright asked if Items D1 and D2 related to each other. James Markman, City Attorney, stated they do relate, but that they didn't both have to be approved in order to make one effective. Councilwoman Wright asked that Items D1 and D2 be pulled. Fred Deaux asked for Item D3 to be pulled. DI.' GRAFFITI ORDINANCE (1110-18 VANDALISM) ORDINANCE NO. 383 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.24 PROVIDING A PROGRAM FOR THE REMOVAL OF GRAFFITI AND OTHER INSCRIBED MATERIALS FROM WALLS AND STRUCTURES ON BOTH PUBLIC AND PRIVATE PROPERTY Councilwoman Wright asked when Ordinance No. 383 was first introduced. James Markman, City Attorney, stated it was probably around October or November of 1988. City Council Minutes January 4, 1989 Page 8 Councilwoman Wright stated that she had asked for a financial impact report on this 60 days ago, and was supposed to have received the information at the next meeting and did not, but was told that it would be forthcoming later. She stated that she got the financial impact report on December 7, 1988, which completely changed her point of view about the Ordinance. She said after receiving the financial impact report, she was confused about this Ordinance, and why it was going to cost $91,000.00 to remove the graffiti from public property for the 1989/90 fiscal year. She said that this was not counting the $35,000.00 that it is going to cost to remove the graffiti from the private property. She felt this information made the whole thing seem completely different, and had she had this information before, she didn't think this would have gone to second reading. She felt the graffiti on public property should be removed first, and then the graffiti on the private property would look less abundant. She said it was also telling her the service level was only covering gang and obscene graffiti. She said that ties in with another report she has asked for, and that is the gang activity in the City. She said she was told there was no gang activity in the City, yet she is being told there is $91,000.00 worth of graffiti that needs to be removed. She said she would like for it to be investigated on other sources of funding to get the graffiti removed like other cities are doing, such as by fining, and would like to find out about this before she goes ahead and approves the Ordinance, to see if there is some way to regain this $91,000.00 that it will cost for this program. She also felt there were problems in the funding of the Ordinance as it was presented tonight, and felt that the public property should be taken care of first, and her reason for that was because she got the information so late. Councilwoman Brown asked if staff had asked for a cost analysis from other cities. Jack Lam, Acting City Manager, informed the Council of the request he had received, and the steps taken to compile the information that was in the Ordinance, and what has been given to Council so far in reports. James Markman, City Attorney, added that this is an enabling Ordinance, and that it isn't a budgeted item. He informed the Council that you usually don't catch anyone who is creating a graffiti problem, and that the City probably would not get any money back on this. Councilman Buquet added that the City is currently removing the graffiti, and that they are already spending money for this. He felt that if this is on public property, it should be removed. He still felt the enabling factor should be there. Councilman Alexander stated that he would like to see the Sheriff's report on gang activity. He also felt that something needed to be done about the graffiti problem. He also asked staff if there was a way to collect the money from people who own the private property where the graffiti was located. City Council Minutes January 4, 1989 Page 9 James Markman, City Attorney, stated if the City removed graffiti from private property, they could charge the owner for this. Mayor Stout questioned the figures in the report° Russell Maguire, City Engineer, said the final figures have not yet been made available. Councilwoman Brown stated, again, that she would like to have a cost analysis on what other cities are paying as far as public and. private removal. Councilwoman Wright said she is a big advocate of graffiti removal, but that her concern was using good fiscal sense. She said she would like this to be discussed in detail at the time the budget is discussed. D2. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA - An amendment to Title 8 of the Rancho Cucamonga Municipai Code by adding a new Chapter 8.23, identifying and providing a remedy for public nuisances when found to exist on property within the City. (1110-18 VANDALISM) ORDINANCE NO. 386 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.23, IDENTIFYING AND PROVIDING A REMEDY FOR PUBLIC NUISANCES WHEN FOUND TO EXIST ON PROPERTY WITHIN THE CITY D3. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA - An amendment to Title 8 of the Rancho Cucamonga Municipal Code by adding a new Chapter 8.25, providing a program for the removal of abandoned, wrecked, dismantled or inoperative vehicles from private property or public property not including highways. (1301-01VEH ABAN) ORDINANCE NO. 387 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCNO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.25 PROVIDING A PROGRAM FOR THE REMOVAL OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGHWAYS Addressing Council was: Fred Deaux, 11036 Shaw Street, asked many questions of the City Attorney about this Ordinance. (22) (23) City Council Minutes January 4, 1989 Page 10 MOTION: Moved by Wright, seconded by Alexander to waive full reading of Ordinance Nos. 383, 386 and 387 and approve all three Ordinances. Motion carried unanimously, 5-0. (24) (25) E. ADVERTISED PUBLIC HEARINGS NOTE: ITEMS E1 AND E2 WERE HANDLED TOGETHER El. MASTER ENVIRONMENTAL ASSESSMENT {MEA) AND ENVIRONMENTAL IMPACT REPORT {EIR) FOR THE RANCHO CUCAMONGA GENERAL PLAN TECHNICAL UPDATE - A comprehensive study to identify the environmental characteristics and constraints of the General Plan area. As an MEA, the document will provide a central source of current environmF-.tal information to assist in identifying long range, area wide, and cumulative impacts of individual projects proposed in the General Plan area. Continued from 12-7-88. Staff report presented by Alan Warren, Associate Planner. (0203-03 GEN PLAN) (1403-06 EIR) RESOLUTION NO. 88-700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CERTIFICATION OF THE MASTER ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN TECHNICAL UPDATE, AND MAKING FINDINGS IN SUPPORT THEREOF E2. GENERAL PLAN TECHNICAL UPDATE - CITY OF RANCHO CUCAMONGA - The project is the preparation, review, and adoption of a technical update of the General Plan consisting of statistical information and implementation measures, and revisions to the Community Design section of the Land Use and Development Element. Continued from 12-7-88. Staff report presented by Alan Warren, Associate Planner. (0203-03 GEN PLAN) RESOLUTION NO. 88-701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ADOPTION OF THE GENERAL PLAN TECHNICAL UPDATE, AND MAKING FINDINGS IN SUPPORT THEREOF Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilwoman Brown stated she had a problem with Resolution No. 88-700 for the following reason: On Attachment Two, about halfway down, it says, "In order to determine to what extent General Plan Land Use policies would need to be modified so City Council Minutes January 4, 1989 Page 11 as not to contribute to the cumulative impact on air quality, a more extensive General Plan study would be required than the simple statistical and administrative update on which this document is based." She felt that was in order, and based on that, could not vote for this. MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 88- 700. Motion carried 4-1, (Brown, no) MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 88- 701. Motion carried unanimously, 5-0. E3. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 88-03 - WHEELER AND WHEELER ARCHITECTS - Appeal of the Planning Commission's decision approving the development of a retail center and service station totaling 4,416 square feet on a 0.63 acres of land in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN 208-192-06. (0701-06 APPEAL) RESOLUTION NO. 89-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 88-03 FOR THE DEVELOPMENT OF A RETAIL CENTER AND SERVICE STATION TOTALING 4,416 SQUARE FEET ON 0.63 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF ENVIRONMENTAL ASSESSMENT AND VARIANCE 88-09 - WHEELER AND WHEELER ARCHITECTS - Appeal of the Planning Commission's decision approving a request to reduce the required parking setback along Foothill Boulevard from 50 feet to 40 feet and along Vineyard Avenue from 50 feet to 43 feet for a retail center and service station in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN 208-192-06. (0701-06 APPEAL) RESOLUTION NO. 89-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 88-09 TO REDUCE THE REQUIRED PARKING SETBACK ALONG FOOTHILL BOULEVARD FROM 50 FEET TO 40 FEET AND ALONG VINEYARD AVENUE FROM 50 FEET TO 43 FEET FOR A RETAIL CENTER AND SERVICE STATION IN THE COMMUNITY (26) (27) City Council Minutes January 4, 1989 Page 12 (28) COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF Mayor Stout stated there was a letter asking for a continuance on this item. Brad Buller, City Planner, said he has talked to representatives from Wheeler and Wheeler about the continuance, and they do agree. MOTION: Moved by Alexander, seconded by Wright to continue the item to January 18, 1989. Motion carried unanimously, 5-0. E4. MODIFICATION TO CONDITIONAL USE PERMIT 87-19 - SIERRAVISTA BAPTIST CHURCH - Appeal of the Planning Commission's decision regarding a request to delete certain conditions pertaining to landscaping along Base Line Road for a previously approved church facility located at the southwest corner of Jasper Street and Lomita Court - APN 202-026-13. Staff report presented by Scott Murphy, Associate Planner. (0701-06 APPEAL) RESOLUTION NO. 89-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DENYING AREQUEST TO DELETE A CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT 87-19 PERTAINING TO LANDSCAPING ALONG BASE LINE ROAD FOR A PREVIOUSLY APPROVED CHURCH FACILITY LOCATED AT THE SOUTHWEST CORNER OF JASPER STREET AND LOMITA COURT Mayor Stout opened the meeting for public input. Addressing Council was: Dr. John Marshall, pastor of Sierra Vista Baptist Church, stated he felt the landscaping conditions should be delayed. He went through the events that had taken place, and why he wanted to appeal the Planning Commission's decision. He said they are not asking that the condition be deleted, but that the condition be postponed. He said the Church did not have the $11,400.00 to do this landscaping at this time. He also brought up the fact that the Water District did not want them to go on their land unless they were to go before the Water District Board, but further stated that in a discussion with the Water District this date, they did agree to the Church coming on their land. He said they are willing to do the work, but that there is no plan, which he just learned of tonight. He said he had originally been told the plan would be available in six weeks. He said he was told they could put the money in trust until the work was done. He stated they were willing to go ahead with the Water District's property's landscaping when the plan is completed, but would like to be able to occupy their building now. City Council Minutes January 4, 1989 Page 13 Clark Lewis, 856 Berkeley Court, Ontario, stated that he is being told there is no plan, but they would like to go ahead and move into their building, and will put in the landscaping once the plan is completed. Councilman Buquet felt there seemed to be confusion by the appellant as to the availability of the landscaping plan. Russell Maguire, City Engineer, explained what had happened in the Engineering Department, as far as their plan. Councilwoman Wright asked a question on Number 10 on the Planning Commission Resolution 87-128 A. Russell Maguire, City Engineer, explained this to Councilwoman Wright. Councilwoman Wright asked if the Church were to install the landscaping themselves, what kind of timeline would they be looking at for occupancy. Russell Maguire, City Engineer, stated over two weeks. Councilwoman Wright asked if they were to pay the in-lieu fees tonight, could they occupy now. Russell Maguire, City Engineer, stated yes. Mayor Stout asked Mr. Lewis who had drawn their plans. Mr. Lewis responded Matlock. Councilman Buquet felt that instead of going back and forth on this item, that occupancy be granted by setting a timeframe to work out the plans, get the Water District approval and hold this until the next phase of the project. There being no further input, the public hearing was closed. Brad Buller, City Planner, said the Council could modify Planning Commission Condition 10 by changing the language. MOTION: Moved by Buquet, seconded by Brown to change Planning Commission Condition No. 10 by saying: The issuance of Building Permits for Phase II for the Church Master Plan Conditional Use Permit, that the landscaping out on Base Line shall be installed consistent with the City of Rancho Cucamonga's Base Line Beautification Plan, but installation is not required until Phase II is completed. Motion carried unanimously, 5-0. A recess was taken at 9:27 p.m. The meeting reconvened at 9:45 p.m. with all members of Council present. City Council Minutes January 4, 1989 Page 14 (29) E5. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 88-06 - MERCY AMBULANCE - A request to add ambulance services as a conditionally permitted use within the Office/Professional District of the Etiwanda Specific Plan. Staff report presented by Beverly Nissan, Assistant Planner. (0203-05 ETIW SP) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. ORDINANCE NO. 388 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 88-06, ADDING AMBULANCE SERVICES AS A CONDITIONALLY PERMITTED USE WITHIN THE OFFICE/PROFESSIONAL DISTRICT Deputy City Clerk Debra Adams read the title of Ordinance No. 388. MOTION: Moved by Buquet, seconded by Brown to waive full reading and set second reading for January 18, 1989. Motion carried unanimously, 5-0. (30) F. PUBLIC HEARINGS F1. MINOR DEVELOPMENT REVIEW 87-71 - COMMERCIAL CARRIERS, INC. - An appeal of the conditions of approval for the grading and paving of approximately 12 acres of land for outdoor storage within the Minimum Impact/Heavy Industrial Specific Plan (Subarea 9) located on the south side of Jersey Boulevard between Utica and Vincent Avenues. Continued from 12-7-88. Staff report presented by Otto Kroutil, Deputy City Planner. (0701-06 APPEAL) RESOLUTION NO. 88-704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING ANAPPEAL OF MINOR DEVELOPMENT REVIEW NO. 87-71 LOCATED AT 10807 JERSEY BOULEVARD IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) OF THE INDUSTRIAL SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF Mayor Stout opened the meeting for public hearing. Addressing Council was: Grant Becklund, Commercial Carriers, stated he would like a continuance on this item in order to work with staff on some compromises. He felt that after reading the staff report, they could work things out. City Council Minutes January 4, 1989 Page 15 Councilman Buquet felt that at this point in time, they should have been further along with this than they are now. Mayor Stout said he had no problem with a two week continuance, if something good could come out of it. MOTION: Moved by Alexander, seconded by Buquet to continue the item to January 18, 1989. Motion carried unanimously, 5-0. F2. RECOMMENDATION TO ESTABLISH SPEED LIMITS - It is recommended that a speed limit of 35 MPH be established on Hillside Road from Haven Avenue to Canistel Avenue, 45 MPH on Base Line Road from Haven Avenue to Spruce Avenue, 45 MPH on Haven Avenue from 4th Street to Wilson Avenue, and 45 MPH on Etiwanda Avenue from Highland Avenue to 24th Street. Staff report was presented by Paul Rougeau, Senior Civil Engineer. (1141-10 SPEED LIM) Mayor Stout felt that in the daytime most motorists drive about 45 MPH on Haven Avenue, but that most of the time they do drive 55 MPH. He asked how Paul Rougeau, Senior Civil Engineer, felt about that, and if he felt the residents would be bothered by having the speed reduced to 45 MPH. Paul Rougeau, Senior Civil Engineer, felt there could be some adverse reaction to it, but that it would depend on the enforcement program. He felt they should probably hold on the 45 MPH speed limit, and leave it unposted until it was necessary to change this. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. ORDINANCE NO. 389 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS Deputy City Clerk Debra Adams read the title of Ordinance No. 389. MOTION: Moved by Alexander, seconded by Buquet to waive full reading, and set second reading for January 18, 1989. Motion carried unanimously, 5-0. CITY MANAGER'S STAFF REPORTS There were none. City Council Minutes January 4, 1989 Page 16 (32) H. COUNCIL BUSINESS H1. REPORT ON SHERIFF'S PERSONNEL TO STAY IN RANCHO CUCAMONGA IN THE EVENT OF A DISASTER (Brown) Staff report presented by Jack Lam, Acting City Manager. (1301-00 SHERIFF) (0201-00 DISASTER) Councilwoman Brown stated she had asked this to be placed on the agenda because she was made aware, after attending CSTI, that Rancho Cucamonga was not ready for a major disaster or emergency. She stated that she and Councilwoman Wright had met with Lauren Wasserman, City Manager, to discuss what was in the staff report tonight. Mr. Wasserman, City Manager, said that he would have to meet with the Sheriff's Department to see if something like this could be provided. She further stated that back in May of 1987, the Public Safety Commission had asked questions on this, asking the same questions that she and Councilwoman Wright were asking. Then on June 12, 1987, she received a report from Mr. Wasserman, City Manager, saying that he assumed the City would be protected under the circumstances. The fact is, though, under the County Disaster Plan, the Commander does not have the authority to deploy Sheriff's personnel at his discretion. In other words, we loose control in emergencies. She stated that on June 30, 1987, the office of James Markman, City Attorney, had responded to the questions presented by the Public Safety Commission, stating very concisely that the City would loose control in an emergency. She stated this is why it was being brought up today and stated that she and Councilwoman Wright had met with Lauren Wasserman, City Manager, in February of 1988, and in September of 1988 they had received a memo from Lauren Wasserman, City Manager, and he had gone back to the Sheriff's Department to see if we could negotiate some kind of percentage that would remain in Rancho Cucamonga in the event of an emergency. She asked if 50% is the maximum amount the Board would allow. Jack Lam, Acting City Manager, stated this is what he understands, and this is what was approved in the amendment to the contract in November of 1988, which was approved by the Sheriff's Department and the County Board of Supervisors. Councilwoman Brown stated the 50% was not discussed with Council, and that they had no say in this matter. She felt the City should know exactly how many personnel would remain in the City in the event of an emergency. Mayor Stout asked if this contract was good, since Lauren Wasserman, City Manager, had signed it instead of the Mayor. James Markman, City Attorney, stated he could not answer that at this time. Councilwoman Wright felt that when this comes up again, there should be an agreeable number, and she felt all of these things need to be worked out in to the next contract. ACTION: Report received and filed. City Council Minutes January 4, 1989 Page 17 H2. DISASTER PREPAREDNESS INFORMATION REGARDING PRIVATE PROPERTY DAMAGE DURING DISASTERS (Wright) Staff report presented by Marti Higgins, Disaster Preparedness Coordinator. (0201-00 DISASTER) Councilwoman Wright asked what kind of State assistance would be given to the private property owner in the case of a disaster, Marti Higgins, Disaster Preparedness Coordinator, stated it would depend on the requirements as far as the damage assessment and by someone not having the resources to repair themselves. Councilwoman Wright asked when the final disaster plan would be completed. Marti Higgins, Disaster Preparedness Coordinator, stated within two months. ACTION: Report received and filed. H3. APPROVAL OF OPTIONS FOR RECRUITMENT FOR A CITY MANAGER (Wright) Staff report presented by Jim Hart, Administrative Services Director. (0502-02 PERSONNEL) James Markman, City Attorney, added that a suggestion for a contact would be the Mayor or his office. Councilwoman Brown stated she felt the Council should have an Executive Session to discuss this first. James Markman, City Attorney, stated they could appoint anyone, anytime they wanted to. Councilman Alexander asked the exact termination date of Lauren Wasserman, City Manager. James Markman, City Attorney, stated that would not be decided until February 15, 1989. Councilman Alexander asked do they need to appoint a City Manager now or could it wait until Lauren Wasserman was officially gone, since they already have an Acting City Manager. Councilwoman Wright asked James Markman, City Attorney, to describe the notice that was given to Lauren Wasserman, City Manager. James Markman, City Attorney, said in the Notice of Intent, they gave Lauren Wasserman, City Manager, until February 15, 1989 for his suspension period. (33) City Council Minutes January 4, 1989 Page 18 (34) (35) (36) Councilman Buquet felt that nothing should be done until after February 15, 1989. Councilwoman Brown asked did they or did they not receive a confidential memo regarding the City's credit rating, that we should get the ball rolling and get on with the program. Jack Lam, Acting City Manager, stated that it would be prudent in this case, to calm jittery financial markets, and the public side, that there is management and political stability in the City as well as fiscal stability. He stated there are questions in those markets, and it is recommended that when the new City Manager is selected, that it be appropriate to make presentations to the institutional bond holders, to the rating agencies and the insurance agencies, in which we purchase the insurance. He stated it was not intended to indicate that one should slow or speed up the process. Councilwoman Wright stated that with Lauren Wasserman, City Manager, not coming back, that the Council needs to get on with it. Mayor Stout felt that the Council should go with an executive search firm. MOTION: Moved by Stout, seconded by Brown to send out Requests for Proposals to the five suggested search firms. Councilman Alexander said he did not agree to get rid of Lauren Wasserman, City Manager, but he felt the process should get started by going outside to look for a new City Manager. He also wanted any additional firms to get the Request for Proposal if staff felt they would be suitable to handle this request. Motion carried 4-1 (Buquet, no). · · , , , H4. UPDATE ON ANIMAL CONTROL (Stout) Staff report presented by Duane Baker, Administrative Assistant. (1150-01 ANIMAL CON) ACTION: Report received and filed. H5. PLANNING COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE PLANNING COMMISSION (0701-01APOINT PC) MOTION: Moved by Alexander, seconded by Brown to reappoint Bruce Emerick and Suzanne Chitiea to the Planning Commission. Motion carried unanimously, 5-0. , , , , , H6. ADVISORY COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE ADVISORY COMMISSION (0701-01 APOINT AC) City Council Minutes January 4, 1989 Page 19 (37) (38) MOTION: Moved by Stout, seconded by Alexander to reappoint Grace Jones, Tiina Ross, and Stephen Barras, and to appoint Patricia Geye to fill the vacancy created by the resignation of Bob Thomas. Motion carried unanimously, 5-0. H7. PUBLIC SAFETY COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE PUBLIC SAFETY COMMISSION (0701-01 APOINT PSC) MOTION: Moved by Alexander, seconded by Stout to appoint George Yankovich to fill the unexpired term created by the resignation of William Alexander. Motion carried unanimously, 5-0. H8. CONSIDERATION OF APPOINTMENT TO THE RANCHO CUCAMONGA COMMUNITY FOUNDATION BOARD OF DIRECTORS Staff report presented by Susan Mickey, Administrative Aide. (0701-01 APOINT CF) MOTION: Moved by Alexander, seconded by Buquet to appoint Tiina Ross to fill the unexpired term created by the resignation of Steve Sensenbach. Motion carried unanimously, 5-0. Mayor Stout asked what the chances were to separate the Rancho Cucamonga Community Foundation from the City. James Markman, City Attorney, stated the Rancho Cucamonga Community Foundation does not feel this is necessary. Councilwoman Brown suggested the Council sub-committee for the Foundation meet with them, and also John Francis, to discuss this. Councilwoman Wright would like to review the original process in setting up the Foundation. I. IDENTIFICATION OF ITEMS FOR NEXT MEETINO I1. Councilwoman Brown stated she would like to develop a Growth Management Task Force as was done in the City of Carlsbad, so that this could be put on the ballot. I2. Mayor Stout requested an update on the lighting situation at Red Hill and Heritage Parks. · , , , , , City Council Minutes January 4, 1989 Page 20 J. COMMUNICATIONS FROM THE PUBLIC Jack Williams, 9800 Base Line Road, said that just because the community may disagree with what the City Council has done in regards to the termination of Lauren Wasserman, City Manager, he felt the community should band together. He stated that although there is a group out there establishing a recall, that there is also a group that does not support the recall. He is not in favor of the recall himself. Fred Deaux, 11306 Shaw Street, stated he supports Councilwoman Deborah Brown on the Task Force for Growth Management issue. He also stated he is in support of what the Council has done with the termination of Lauren Wasserman, City Manager, and he is not in support of the recall. K. ADJOURNMENT MOTION: Moved by Alexander, seconded by Buquet to adjourn to Executive Session for purposes of discussing land acquisition. Motion carried unanimously, 5-0. Meeting adjourned at 11:35 p.m. Res ectfully submitted, Debra J. Adams Deputy City Clerk Approved: March 1, 1989