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HomeMy WebLinkAbout1993/01/20 - Minutes January 20, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CAI,!, TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 20, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:14 p.m. by Mayor Dennis L. Stout Present were Councilmembers: William J. Alexander, Rex Gutierrez, Diane Williams, and Chub'man Dennis L. Stout. Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director, Brad Bullet, City Planner; Dan Coleman, Principal Planner; Larry Henderson, Principal Planner; Beverly Nissen, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer, Paul Rougeau, Traffic Engineer; Dan James, St. Civil Engineer; Jo Lynne Russo-Pereyra, Integrated Waste Coordinator; Bob Dominguez, Administrative Services Director; Bob Trammel, Data Processing Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. Absent was Councilmember: Charles J. Buquet II. B. ANNOUNCEMENTS/PRESENTATIONS No announcements or presentations were made. C. COMMUNICATIONS FROM THE PIJB!,IC No communication was made from the public. D. CONSENT CAI.ENDAR DI. Approval of Warrants, Register Nos. 12/23/92, 12/30/92 and 1/6/93, and Payroll ending 12/17/92 and 12/30/92, for the total amount of $910,705.43. D2. Approval to receive and file current Investment Schedule as of December 31, 1992. City Council Minutes January 20, 1993 Page 2 (i) (2) (3) (4) (s) (6) (7) (8) D3. Approval to adopt a Resolution in support of locating a Department of Defense Accounting Center at the site of Norton Air Force Base in San Bernardino County. (0401-00 ACCOUNTING) RESOLUTION NO. 93-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING LOCATION OF A DEPARTMENT OF DEFENSE ACCOUNTING CENTER AT THE SITE OF NORTON AIR FORCE BASE IN SAN BERNARDINO, CALIFORNIA D4. Approval of Founders Day Parade Evaluation and Modification Review Process. ITEM PULLED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. (1180-09 PARADE) D5. Approval to display the Park and Recreation Commission's 2nd Place trophy from the Annual Founder's Day Parade in the showcase south of the Council Chambers as recommended by the Park and Recreation Commission. (1180-09 PARADE) (0701-01 COMMISSION) D6. Approval to destroy records and documents which are no longer required as provided under Government Code Section 34090. (0304-00 REC MGMT) RESOLUTION NO. 93-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 D7. Approval to declare as surplus two G.E. handi-talkie radios and chargers, and to donate same to the Inland Empire West Chapter of the American Red Cross. (1205-01 RADIO COM) D8. Approval to extend Comcast Cable T.V.'s franchise. (1205-01 CATV) RESOLUTION NO. 91-012K A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA D9. Approval of request by Rancho Cucamonga Chamber of Commerce to waive City fees in conjunction with the annual Business and Community Expo. (1180-02 CHAMBER) D10. Approval of revisions updating the existing San Bernardino County permit for the Mid-Valley Sanitary Landfill. (1170-04 REFUSE) City Council Minutes January 20, 1993 Page 3 RESOLUTION NO. 93-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REVISIONS UPDATING THE EXISTING SAN BERNARDINO COUNTY PERMIT FOR THE MID-VALLEY SANITARY LANDFILL D11. Approval to execute a Reimbursement Agreement (CO 93-001) with certain property owners in South Etiwancla to cover consultant costs associated with a proposed assessment district as requested by property owners. (0602-01 AGREE REIM) (9) D12. Approval to execute Settlement Agreement (CO 93-002) with County of San Bemardino regarding (10) Municipal Court Fines. (0602-01 AGREE SETL) RESOLUTION NO. 93-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, THE COUNTY OF SAN BERNARDINO, THE TREASURER OF SAN BERNARDINO COUNTY, AND THE AUDITOR OF SAN BERNARDINO COUNTY, APPROVING SETTLEMENT AGREEMENT REGARDING MUNICIPAL COURT FINES D13. Approval to execute Professional Service Agreements with Fieldman, Rolapp & Associates (CO 93-003), Willdan (CO 93-004), and Brown, Diven& Hentschke (CO 93-005) in relation to a request by property owners in South Etiwanda to form an assessment district. (0602-01 CONTRACT) D14. Approval to award and execute the agreement (CO 93-006) for the maintenance contract for General Fand and Landscape Maintenance District No. 1 Parks and Landscape sites for Mariposa Horticultural Enterprises, Incorporated, of Irwindale, California, for the amount of $59,410.00, to be funded by the General Fund and Landscape Maintenance District No. 1, Account Numbers 01-4647-6028 and 40-4130-6028, respectively. (0602-01 CONTRACT) DI5. Approval to award and authorization for execution of contract (CO 93-007) for Siena Madre Avenue street improvements from Ninth Street to Chaffey Alley, a Community Development Block Grant (CDBG) program 100% federally funded improvement project, to Eastland Construction, Incorporated for the amount of $98,762.00 ($89,783.70 plus 10% contingency). (0602-01 CONTRACT) D16. Approval to execute Improvement Agreement Extension for CUP 88-18, located on the east side of Haven Avenue between Lemon Avenue and Highland Avenue, submitted by Diversified Properties. (0602-01 AGREE EXTN) RESOLUTION NO. 93-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR CLIP 88-18 D17. Approval to execute Improvement Agreement Extension for Tract 13566-3 located on the Southwest comer of Summit Avenue and San Sevaine Avenue, submitted by Century American. (0602-01 AGREE EXTN) (ll) (i2) (i3) (x4) (is) City CouncilMinutes January20,1993 Page 4 (xg) RESOLUTION NO. 93-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13566-3 D18. Approval to execute Improvement Agreement Extension for Tract 13717 located on the Northeast comer of Church Street and Spruce Avenue, submitted by Lewis Homes. (0602-01 AGREE EXTND RESOLUTION NO. 93-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13717 D19. Approval to execute Improvement Agreement Extension for the Church Street Improvements, located between Elm Avenue West and Spruce Avenue, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 93-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR THE CHURCH STREET IMPROVEMENTS D20. Approval to execute Improvement Agreement Extension for Tracts 14379 and 14380 located on the Northwest comer of Etiwanda Avenue and 241h Street, submitted by Watt Inland Empire, Inc. (0602-01 AGREE EXTN) RESOLUTION NO. 93-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 14379 AND 14380 D21. Approval to execute Improvement Agreement, Improvement Security and Ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for Conditional Use Permit 90-18, located on the west side of Santa Anita Avenue North of 4th Street, submitted by Martin J. Jaska, Incorporated. (0602-01 AGREE IMPR) (0802-02 CUP) (0~01-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 93-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 90-18 City Council Minutes January 20, 1993 Page 5 RESOLUTION NO. 93-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CONDITIONAL USE PERMIT 90-18 D22. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13759 located on the west side of Haven Avenue, north of the Southern Pacific Railroad, submitted by Fu Mai Limited Parmership. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 93-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 13759, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 93-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13759 D23. Approval to accept Hellman Aveline Street Irrrprovements into the maintained slxeet system, and reduction of the Performance Bond from $759,085 to $75,900 for Tract 14192-1. (0602-01 BOND REL) Release: Faithful Performance Bond (Streets) $759,085.00 Accept: Reduced Faithful Performance Bond (Streets) 75,900.00 MOTION: Moved by Willjams, seconded by Alexander to approve all staff recommendations contained in the staff reports of the Consent Calendar with the exception of Item No. I)4. Motion carried unanimously, 4-0-1 (Buquet absent). DISCUSSION OF Review Process. ITEM D4. Approval of Founders Day Parade Evaluation and Modification Councilmember Williams stated she would like to add language to be included on pages 17 and 18 of the agenda packet. She stated that direction is being given to send letters to judges for the parade, and felt more than one service provider should be discussed and considered. She felt information should be obtained through City-Link by not only the City of Fullerton as mentioned, but by other cities that produce in-house so that input may be obtained from them. MOTION: Moved by Williams, seconded by Alexander to amend pages 17 and 18 to include her previous comments. Motion carried unanimously, 4-0-1 (Buquet absent). (20) City Council Minutes January 20, 1993 Page 6 No items were submitted. E. CONSENT ORDINANCES (22) F. ADVERTISED PUBLIC HEARINGS F 1. CONSIDERATION OF LANDMARK DESIGNATION 92-02 - Approval of an application to designate the Pearson Filling Station and Garage, located at 12912 Foothill Boulevard, Rancho Cucamonga, as an Historic Landmark - APN: 1100-061-02. (Continued from December 16, 1992) (1402-06 HISTORY) CONSIDERATION OF ENVIRONMENTAL ASSESSM~.NT OF DEMOLITION REOUEST FOR THE PEARSON FILLING STATION AND GARAGE (A POTENTIAL LOCAL LANDMARK. STATE LANDMARK. AND NATIONAL REGISTER ELIGIBLE STRUCTURE) - A request to demolish a portion of the Pearson Filling Station and Garage, located at 12912 F! ~othill Boulevard, Rancho Cucamonga - APN: 1100-061-02. The Historic Preservation Commission recommends the preparation of a focussed Environmental Impact Report (ERR) in order to best assess the adverse impact to this resource. Other options that could be considered include the issuance of a Mitigated Negative Declaration. (Continued from December 16, 1992) Staff reportpresented by Larry Henderson, Principal Planner. He also mentioned that a fax was received today from the State Department of Parks and Recreation and commented on this (copy on file in the City C!erk's office). (1402-06 HISTORY) Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Barrye Vantiger felt the National Registry Status was unlikely because of information he has obtained. He requested that the canopy be dem. olished and defer the designation of landmark status until such time as development of the property .is considered. Councilmember Alexander asked how Mr. Vantiger felt about the designation of historic landmark with removal of the canopy. Mr. Vantiger stated the full impact of historic landmark designation has not yet been explored by him at this time, but preferred not to do this at this time. Councilmember Alexander asked Mr. Vantiger if it was his intent to leave the remainder of the structure up and protected. Mr. Vantiger stated that was one option available. Councilmember Alexander asked if it was his intent to demolish the remainder of the building even if removal of the canopy might occur. Mr. Vantiger stated it was not his intent to demolish his building. There being no further response, the public hearing was closed. Councilmember Gutierrez stated after looking at this site, he felt it to be dangerous as was stated in the Building Official's report, which he read excerpts from. He stated he did not feel this is a historical building. He did not think the city would get National Regisu'y status from the State. City Council Minutes January 20, 1993 Page 7 Mayor Stout stated he concurred with Councilmember Gutierrez's comments. He did not think the City would get National Registry status because that is a very difficult thing to obtain. He stated he does feel it has some historical significance. He felt the Council should go with Option 2. Councilmember Alexander stated he would like to go on with the demolition right now. Larry Henderson, Principal Planner, stated that once an application is made, no demolition permit can be issued until an action is taken on that application by the City Council. Brad Buller, City Planner, stated a local landmark designation simply says it is of local significance to this community. Councilmember Gutierrez felt the Council should give the owner of the property the opportunity to draw specifications, photograph and maybe rebuild a little farther back if he would like to build at some time. Andy Arczynski, Assistant City Attorney, stated what is before them is an application to designate as a local historic landmark. He stated what that really does is place an impediment in the path of a property owner who wishes to significantly alter a building or demolish it. He stated typically if the owner of a building comes to the Building Department for a permit to demolish it, they check the plans and make sure it is all okay, and he can then knock it down. He stated this draws attention as to should this be demolished or modified. He stated the applicant has indicated no present intention of development of the property, although they do have options they are presenfiy studying. He stated development of this property would require some type of environmental analysis, and possibly an EIR if there is a landmark designation for the property. He stated this would not preclude the Council in the future, after proper hearings and review, of wiping out that designation if it is deemed in the best interest of the City to do so. He did not think it created a permanent impediment to the property owner's potential goals of the property, but it does, however, fortify their representation that they don't have any present intent of knocking the structure down. He stated if designating this as a historical structure will somehow preclude anybody's ability to work with in the future, he did not believe this was correct. Mayor Stout stated the Resolution does not specifically refer to local landmark, because the Council can only designate at the local level. Councilmember Alexander stated that by allowing demolition of the canopy area this would clear the area for any signalization that needs to be done at that corner, and asked if this would restrict the removal of the main body of that structure. Larry Henderson, Principal Planner, stated this would require an additional review if the applicant requested it, and they would then have to go through the demolition process again. RESOLUTION NO. 92-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION 92-02, THEREBY DESIGNATING THE PEARSON FILLING STATION AND GARAGE, LOCATED AT 12912 FOOTHILL BOULEVARD, AS AN HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-061-02 MOTION: Moved by Stout, seconded by Williams to approve Resolution No. 92-267 with the HABS drawing requirement for the canopy only, not for the entire structure and canopy. Motion carried unanimously, 4-0-1 (Buquet absent). City Council Minutes January 20, 1993 Page 8 (24) F2. - ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 92-18 - SMITHS - An appeal of the Planing Commission's decision denying the development of a commercial shopping center consisting of a 75,000 square foot grocery store, two satellite buildings of 3,500 square feet each, and a drive-thru pad of 4,800 square feet on 10.6 acres of land in the Community Commercial District (Subarea 2 of the Foothill Boulevard Specific Plan, located at the northwest comer of Foothill Boulevard and Vineyard Avenue - APN: 207-102-03, 5, 8, 15, 20, 21, and 49. Associated with this project is Tree Removal Permit 92-17. Staff report presented by Beverly Nissen, Associate Planner. (0701-06 APPEAL) (0802-02 CUP) Councilmember Alexander inquired as to what prompted the archeological and geological reports. Beverly Nissen, Associate Planner, stated the archeological report was requested by the Historic Preservation Commission, and the geological report was done because of the earthquake fault in the area. Councilmember Alexander asked who paid for the archeological study. Beverly Nissen, Associate Planner, stated Smith's did. Councilmember Gutierrez asked if it would be impossible to get the building to face Vineyard Avenue. Beverly Nissen, Associate Planner, stated this would be very hard to achieve. Mayor Stout stated he was not comfortable with deciding on this matter tonight and suggested there be a subcommittee to work on this entire matter. He stated he would like to be one of the subcommittee members. Councilmember Wi!liams offered to be the other subcommittee member. Mayor Stout stated they could study this further and bring back a recommendation to the entire Council to make a decision. RESOLUTION NO. 93-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 92-18, THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER CONSISTING OF A 75,000 SQUARE FOOT GROCERY STORE, TWO SATELLITE BUILDINGS OF 3,500 SQUARE FEET EACH, AND A DRIVE-THRU PAD OF 9,800 SQUARE FEET ON 10.6 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-102-03, 5, 8, 15, 20, 21, AND 49 MOTION: Moved by Stout to form a subcommittee of he and Councilmember Williams to further study this matter and to continue the item until February 17. Wynn Furth, Best, Best and Krieger stated they would be agreeable to this being continued, and hoped that it can be done in two weeks. Mayor Smut stated they really need four weeks, and asked if that would be acceptable. City Council Minutes January 20, 1993 Page 9 Ms. Furth stated they would go with the four weeks. MOTION: Moved by Stout, seconded by Alexander to appoint of a Subcommittee of Stout and Williams to further study this matter, and continue it to February 17, 1993. Mayor Stout opened the public hearing for those that could not be present at the February 17 City Council meeting. Addressing the City Council was: Ed Combs, 8008 Vineyard, asked if the property owners would be able to attend the Subcommittee meetings. Mayor Stout stated yes. Motion carried unanimously, 4-0-1 (Buquet absent). Mayor Stout called a recess at 8:03 p.m. Council present (Buquet absent). The meeting was called back to order at 8:35 p.m. with all members of F3. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14116 WILLIAM LYON COMPANY - An appeal of the Planning Commission's decision approving a residential subdivision of 19 single family lots on 4.09 acres of land in the Low Medium Residential District (4-8 dwelling units per acre), located south of Highland Avenue, west of the Deer Creek Channel - APN: 1076-61-03. Associated with this application is Tree Removal Permit 91-28. Staff report presented by Beverly Nissen, Associate Planner. (0701-06 APPEAL) Councilmember Gutierrez asked what other cities show for lengths of cul-de-sacs. Chief Michael, Fire District, stated that Councilmember Gutierrez had requested him to check with surrounding cities for what they show for lengths of cul-de-sacs. He stated of the eight he checked with, six of them go by 600 feet length cul-de-sacs or less. He stated they later talked with an additional five cities and that Fullerton had a length of 750 feet, but the other four were at 500 feet or less. He stated for the west end cities, Montclair was the only city that had in excess of 600 feet, and they are at 1000 feet. Councilmember Gutierrez referred to page 282 and made comments about the nor~ern portion of the map. He also referred to the design configuration on Santa Clara Court. He did not think there was consistency within this area for the streets. He felt there should be an amendment or consideration given for this area with regards to the cul-de-sac length. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Jerry Jacobsen, 10935 Santa Barbara Place, stated when he bought his house in 1988 he felt there would be a cul-de-sac and did not want his street to loop around to San Matco. He asked the City Council to leave the area as originally proposed. City Council Minutes January 20, 1993 Page 10 Philip Talure, 10961 Santa Clara, stated there was a petition passed around by he and Councilmember Gutierrez and that all the residents were in agreement with his position. He stated he is opposed to three houses on the street as is his neighbor. The petition read as follows: "We the residents of San Marco Place, Santa Barbara Place and Santa Clara Court, attach our signature hereto in illustration of our opposition to the proposed development. The development of the triangular parcel adjacent to our homes is of great concern to us. We are opposed to the proposed street configuration of San Marco and Santa Barbara. We are in favor of cul-de-sacs for both San Mateo and Santa Barbara. We are also in favor of limiting the number of homes added to Santa Clara to two. These characteristics of development as we have requested them best serve our neighborhood and safety traffic and consistency. Please take our opinions into consideration. Signed residents of Rancho Cucamonga." He stated the Planning Commission mentioned to him that instead of putting three homes in, that possibly two homes could be put in with a shared driveway. He felt that was categorically inconsistent with the rest of the neighborhood. He asked for the Council's help. Joe Custano, 10968 Santa Clara, stated he supported the appeal of the Planning Commission's decision. He did not like the idea of the three homes in the cui-de-sac, and that he would lose part of what he thought was his property. He stated he supported what other residents have stated. He asked for the Council to support the residents' concems. Mayor Stout pointed out that the property on the side of Mr. Custano's property was owned by the City and felt he should have been told at the time he bought the property who the actual owner was. He made a suggestion (on the overhead map) for the street design which he felt might be a solution to this. He stated he would like Engineering to look at this. Brian Austin, William Lyon Company, stated it is their desire to go with the 3 cul-de-sacs as originally submitted. He stated he was concerned with Mayor Stout's suggestion because he felt it would take away too much of their property. Mayor Stout felt the public safety aspect of this was very important. He stated he did not like the shared driveway idea because of the potential for neighbors that do not get along. Brad Buller, City Planner, stated they could come back in two weeks to prepare different options for the Council's consideration. Councilmember Williams stated she is willing to look at options, but felt strongly about the 600 foot cul-de-sacs. Councilmember Alexander stressed the importance of public safety, and the fact that everyone cannot live in a cul-de- saC. Councilmember Gutierrez stated he is willing to look at the Mayor's suggestion on paper. Brian Austin, William Lyon Company, clarified that the cul-de-sac was an option in response to a desire to somehow reduce the number of lots on Santa Clara. He pointed out that the loop configuration that is being proposed is something they can live with as discussed with staff. He stated his engineer pointed out to him that his tract boundary is 600 feet from the street so that the cul-de-sac would have to be developed to meet the criteria for the existing neighborhood configuration. City Council Minutes January 20, 1993 Page 11 RESOLUTION NO. 93-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT 14116, A RESIDENTIAL SUBDIVISION OF 19 SINGLE FAMILY LOTS ON 4.09 ACRES OF LAND IN THE LOW MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED SOUTH OF HIGHLAND AVENUE, WEST OF DEER CREEK CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1076-61-03 MOTION: Moved by Stout, seconded by Gutierrez for staff to explore the options as he previously suggested and to continue this to the February 3, 1993 meeting. Motion carried unanimously, 4-0-1 (Buquet absent). G. PUBLIC HEARINGS G1. RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON KENYON WAY FROM MII.LIKEN AVENUE TO VICTORIA PARK LANE: A SPEED LIMIT OF 45 MPH ON TERRA VISTA PARKWAY FROM CHURCH STREET TO MILLIKEN AVENUE AND CHURCH STREET FROM HAVEN TO MII .l .IKEN AVENUE: AND A SPEED LIMIT OF 45 MPH ON ETIWANDA AVENUE FROM SUMMIT AVENUE TO 24TH STREET Staff report presented by Paul Rougeau, Traffic Engineer. (1141-10 SPEED LIM) Mayor Stout asked if on Church, at the four-way stop at Church and Spruce, would it be inappropriate now to consider a four-way stop sign at the next intersection north of that where the park is because there is a regional trail that goes across there. Paul Rougeau, Traffic Engineer, stated they have looked at that intersection in the past, and because of the fact that Elm is only a collector street, and Spruce being a more major sireel, that it did not look appropriate. He stated that in the next few years they hoped to get a traffic signal at Church and Spruce to replace the four-way stop. Mayor Stout stated he is concemed about having a regional trail at this area because it is hard for a pedestrian to cross on Spruce. Paul Rougeau, Traffic Engineer, stated that with the increased use of the trail and the change in the Milliken Underpass, that is information that is different than what was looked at before, and felt it would be appropriate to look at this again. Jack Lain, City Manager, agreed that this could be looked at again. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 506. ORDINANCE NO. 506 (Ca'st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS (26) City Council Minutes January 20, 1993 Page 12 (27) MOTION: Moved by Williams, seconded by Alexander to waive full reading and set second reading for February 3, 1993. Motion carried unanimously, 4-0-1 (Buquet absent). G2. CONSIDERATION OF DEVELOPMENT REVIEW 92-11 - DAVIS - Appeal of Planning Commission's decision to require a Community Trail in conjunction with the construction of a single family house totaling 7,600 square feet on 16.6 acres of land in the Open Space District and Very Low Residential District (up to 2 dwelling units per acre), located at 9400 Almond Street - APN: 1061-491-01. Staff report presen. ted by Dan Coleman, Principal Planner. (1002-08 DEV REV) (0701-06 APPEAL) Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Charles Doskow, Attorney representing the Davis', felt the application deals only with the construction of a home, that the application did not deal with the trails. He stated the intent is to demolish the existing house and build a new one in its same location. He stated his client has agreed as a condition of processing the application to dedicate land for the trail once it has been determined where it goes. He did not feel this should be before the Council at this time. He stated there is no nexus between this discussion and the application before the Council. He continued to highlight some of the comments made at the Planning Commission meeting. He stated he did not think the trail issue needed to be decided now, and he felt the proper idea would be to wait until this property is subdivided or the property to the west is developed. He stated his clients did not object to dedicating the property at this time, but it made more sense to wait until the proper alignment has been decided on. He felt it was unfair to hold up the house because of the trail issue. Mayor Stout asked him if he had studied the precedent set for requesting trail construction on single-family detached homes. Mr. Doskow stated no, but that all the trails he is familiar with go across the back of the house except for Deer Creek. He stated he felt this property was unique. Councilmember Gutierrez asked if the Davis' agreed to do this as a part of the approval they received to build the barn. Mr. Doskow stated yes. Brad Buller, City Planner, stated when the applicants came in requesting approval to build a barn, City staff indicated the trail would be required. He stated staff did receive a letter from the Davis' indicating they did not oppose the trail, and they stated they would be willing to dedicate the trail prior to issuance of building permits for the house. Mayor Stout asked that a copy of this be made pan of the record. Don Terry, President of the Alta Loma Riding Club, stated they support the equestrian activities in the City, but also feel the trail completion implementation plan should be followed. He felt the City Council should insist on the trail development now. Gary Beck commented there would not be fences allowed in Rancho Cucamonga that would be tall enough to keep someone on a horse from seeing over.. it. He asked that the City Council go along with the City Plan and have the Ixail completed at the same time the house is being built. City Council Minutes January 20, 1993 Page 13 Greg Pilcher showed the Council a map of the trail. He asked that the Council continue with the trail plan as the Planning Commission suggested. Jerry Nort, member of Alia Loma Riding Club and SherifFs Equestrian Patrol, felt the trails were a safety measure for residents. Jan Statton, 8760 Golden, felt the trail should be constructed at this time. Pam Henry, 9013 Caballero, showed photos to the Council and referred to a packet of information the Riding Club had delivered to the Council. She felt the nil should be constructed now. She felt this was an important link for the trail system and did not feel these people should be exempt from putting in the trail. She stated there has been a lot of time and interest put into the trail system and felt the trail should go on as planned. She asked that people from the audience stand up that were in favor of the trail going in. Kitty Nutt, 7966 Thoroughbred, felt it was wonderful to have the trail system that the City has. She hoped the Council would ask the Davis' to go ahead with the trail system now. Greg Rambo felt the trails should be kept open and useable. Randy Davis, owner of property, stated he had called the City to find out if there were any conditions when he purchased the property. He stated they don't have a problem with the trail going in, only going down the middle. He stated his insurance company also has a problem with this. He did not feel the map shown by staff was accurate as to the design of the property. He stated it would cost him $50,000.00 to put the trail in and that it was just another added cost that they have not figured at this time. Suzanne Chitiea, 7943 Appaloosa, stated she did not agree with the Davis' suggestion of a zig-zag trail. She felt the trail should accommodate all riders. She felt the proposed trail would least impact the property. Mr. Doskow felt the Davis' were giving people and felt unfair things had been said. He stated he felt the City should keep their word when the letter dated July 9, 1992 was signed. He stated his clients want to build the trail when it is the proper time to develop iL He asked that the Council not direct this to be done until it is the proper time to do so. Tara Cuningham expressed concern if the trail would be closed if it is developed. Mayor Stout stated it is his understanding that it is closed. Ms. Cuningham felt safety should be considered when riding. There being no further response, the public hearing was closed. Councilmember Alexander stated he felt an implied agreement was made to put in the trail and that he is willing to support the Planning Commission's finding. Mayor Stout felt the City has a responsibility to build the trail as safe as possible. He felt the trail should be put in preferred condition as shown on Exhibit J and that it should be constructed prior to occupancy. He felt the trail should be put in now. He felt a Resolution should come back stating this at the next meeting. Councilmember Williams stated she concurred. She did not feel access should be denied to the trail, and felt it should be done now. City Council Minutes January 20, 1993 Page 14 (28) Councilmember Gutierrez stated he concurred with the rest of the Council and felt it should be done now. Brad Buller, City Planner, stated Option 3 from page 323 answered the Mayor's question on the trail being done at the time of occupancy. MOTION: Moved by Stout, seconded by Alexander to bring back a Resolution for the February 3, 1993 meeting referring to Option 3 as the preferred alternate specified for the trail. Motion carried unanimously, 4-0-I (Buquet absent). H. CITY MANAGER'S STAFF REPORTS H1. LIPDATE ON STATE BUDGET PROPOSALS (ORAL REPORT) (0205-01 BUDGET) Jack Lain, City Manager, stated that the Governor is proposing things which will make the City lose money for the City, Re, development Agency and Fire District. He mentioned the money the RDA lost last year, and that the City now stands to lose $4 million if the Governor's proposal goes through. He stated that whatever the loss, it will affect Rancho Cucamonga. He suggested the City take the following defensive measures because of the Governor's proposal: Delay the start-up of the new animal care facility. Do not bid for fire station #3. Any new acquisitions out of housing set aside funds be delayed. He stated these are defensive measures because of the Governor's proposal and that it would affect all cities and counties and districts. MOTION: Moved by Stout, seconded by Gutierrez to approve the City Manager's recommendations. Councilmember Alexander suggested that these types of matters be more definitive on an agenda in case there are residents that would like to comment or obtain information relative to this matter. Motion carried unanimously, 4-0-1 (Buquet absent). No items were submitted. .I. IDENTIFICATION No items were identified for the next meeting. COUNCIl. BUSINESS OF ITEMS FOR NEXT MEETING City Council Minutes January 20, 1993 Page 15 No communications were made from the public. COMMUNICATIONS FROM THE PUBLIC ADJOURNMENT MOTION: Moved by Williams, seconded by Alexander to adjourn to Executive Session to discuss personnel matters. Motion carried unanimously, 4-0-1 (Buquet absent). The meeting adjourned at 10:52 p.m. Respectfully submitted, City Clerk Approved: February 17, 1993