HomeMy WebLinkAbout1992/09/02 - Minutes September 2, 1992
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CAI,I, TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, September 2, 1992, in the
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The
meeting was called to order at 8:38 p.m. by Mayor Dennis L. Stout.
Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Diane Williams (arrived 8:45 p.m.),
Pamela J. Wright, and Mayor Dennis L. Stout.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City
Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones,
Sr. RDA Analyst; Jan Reynolds, Asst. RDA Analyst; Tarry Smith, Park Planning/Development Superintendent;
Brad Buller, City Planner;, Larry Henderson, Principal Planner; Nancy Fong, Sr. Planner; Steve Hayes, Associate
Planner;, Beverly Nissen, Associate Planner; Joe O'Neil, City Engineer; Cindy Hackett, Associate Engineer; Walt
Stickney, Associate Engineer; Barbara Krall, Assistant Engineer; Jerry Grant, Building Official; Duane Baker,
Assistant to the City Manager; Diane O'Neil, Management Analyst II; Susan Mickey, Management Analyst I; Chief
Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police
Department; and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B 1. Presentation to Fire Captain George W. Cox Recognizing his Retirement after 20 years of Dedicated
Service to the People of Rancho Cacamonga.
Proclamation presented by Mayor Stout to George Cox.
B2. Presentation to the Alta Loma Arsenal Soccer Club for winning the National Cup Championship of the
United States Youth Soccer Association.
Mayor Stout presented the proclamation to Pete Gundy and Betty Williams, and recognized the achievement of the
soccer club by asking the audience to stand and applaud them.
Pete Gundy continued by introducing the players of the soccer club.
City Council Minutes
September 2, 1992
Page 2
(1)
(2)
B3. Presentation of Proclamations to Steve Wilkerson (Pop Wamer), Jeff Duval (Summit Grading and Paving),
Sam Alarcon (Alarcon Sons, Inc.), and Paul Wiley (C.E. Wiley Construction) for Community Effort to Create a
Dirt Parking Lot at Chaffey College.
Mayor Stout presented the proclamations to all those in attendance except Paul Wiley and Eric Myers.
Councilmember Williams arrived at 8:46 p.m.
C, COMMUNICATIONS FROM THF. PUBI.IC
C 1. Gary Kendrick commented on the negative comments he has beard from City officials regarding the Wise
Oak School. He felt the Alta Loma School District is also non-compliant and the City has not done
anything about their situation. He hoped the Planning Commission would allow them to open their school
when it comes before them.
C2. Forrest Hindley, Pastor of Willows Community Church, asked the City Council to encourage the Planning
Commission to work with them so the Wise Oak School could open.
C3. Millie Glenney, 6580 Etiwanda, stated they are having a neighborhood picnic in the Windrows area on
Sunday, 9/13/92, and asked ff the fee for the sound monitor could be waived.
Mayor Stout stated the Council could not act on this item tonight because it was not on the agenda as required by
state law, but asked that this be placed on the next agenda for the Council to consider.
D, CONSENT CALENDAR
Jack Lam, City Manager, stated for record keeping purposes, Resolution No. 92-230 should be changed to
Resolution No. 92-241.
Mr. Mike Scandifio asked that Item No. D4 be removed for discussion.
DI. Approval of Warrants, Register Nos. 8/12/92 and 8/19/92; and Payroll ending 8/13/92 for the total amount
of $4,002,767.91.
D2. Approval to Adopt
RAILROAD)
D3.
a Resolution in SupDon of Proposition 156 - The Rail Bond Measure. (1110-09
RESOLUTION NO. 92 230 241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, IN SUPPORT OF PROPOSITION 156
Approval of Street Banner Applications. (0102-02 POLICY)
City Council Minutes
September 2, 1992
Page 3
134. Approval of an Appeal of Conditional Use Permit 91-24 and Tentative Parcel Map 13845 - Masi - An
appeal of certain Engineering and Planning Division Conditions of Approval for Conditional Use Permit 91-24, the
development of 32 buildings totaling approximately 268,907 square feet and comprised of a mix of industrial, multi-
tenant, office, and restaurant uses, and Tentative Parcel Map 13845, a subdivision of 30.2 acres of land into 31
parcels int he Industrial Park District (Subarea 7) of the Industrial Area Specific Plan, located at the southwest comer
of Foothill Boulevard and Rochester Avenue - APN: 229-011-10, 19, 21, 26, 27, and 28. (ITEM REMOVED
FOR DISCUSSION BY MR. MIKE SCANDIFIO) (0802-02 CUP) (0701-06 APPEAL)
RESOLUTION NO. 92-23 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE
PARCEL MAP NUMBER 13845, LOCATED AT THE SOUTHWEST CORNER OF
FOOTHILL BOULEVARD AND ROCHESTER AVENUE, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 229-011-10, 19, 21, 26, 27, AND 28
RESOLUTION NO. 92-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 91-
24 FOR THE DEVELOPMENT OF 32 BUILDINGS TOTALING APPROXIMATELY
268,907 SQUARE FEET AND COMPRISED OF A MIX OF INDUSTRIAL, MULTI-
TENANT, OFFICE, AND RESTAURANT USES IN THE INDUSTRIAL PARK
DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN,
LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND
ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 229-011-10, 19, 21, 26, 27, AND 28
D5. Approval to Award and Authorize Execution of Contact (CO 92-061) for the Haven Avenue Rehabilitation
Project, from Fourth Street to Foothill Boulevard for the Amount of $866,872.36 ($788,065.78 plus 10%
contingency), to be funded from Systems Development Fund, Account No. 224637-8936 and FAU Fund, Account
No. 244637-8838. (0511-01 AWARD) (0602-01 CONTRACT)
D6. Approval to execute Construction Cooperative Agreement Number 8-787 (CO 92-062) with Caltrans for
the Improvement of Nineteenth Street from Carnelian Street to Amethyst StreeL (0602-01 CONTRACT)
RESOLUTION NO. 92-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONSTRUCTION COOPERATIVE
AGREEMENT NO. 8-787 WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE IMPROVEMENT OF NINETEENTH STREET
FROM CARNELIAN STREET TO AMETHYST STREET AND AUTHORIZING THE
SIGNING THEREOF BY THE MAYOR
D7. Approval to authorize the Mayor to execute the Proposal (CO 92-059) from Terry Wolfe of Terry's
Fireplace to parchase bulk wastewood from the City of Rancho Cucamonga. (Continued from August 19,
1992) (0602-01 CONTRACT)
D8. Approval to execute Improvement Agreement Extension for Tract 13565-I thtu 4, located on the northeast
comer of Summit Avenue and Wardman Bullock Road, submitted by Standard Pacific. (0602-01 AGREE EXTN)
(3)
(4)
(5)
(6)
(7)
City Council Minutes
September 2, 1992
Page 4
(8)
RESOLUTION NO. 92-234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13565-1 THROUGH
D9. Approval to accept Improvements, Release of Bonds and Notice of Completion for the West Greenway Trail
extending on from West Greenway Park to Elm Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT)
Release: Faithful Performance Bond
$137,000.00
RESOLUTION NO. 92-235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
THE WEST GREENWAY TRAIL AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
MOTION: Moved by Buquet, seconded by Williams to approve the Consent Calendar with the exception of Item
No. EM. Motion carried unanimously, 5-0.
DISCUSSION OF ITEM NO. D4. Approval of an Appeal of Conditional Use Permit 91-24
and Tentative Parcel Map 13845 - Masi - An appeal of certain Engineering and Planning
Division Conditions of Approval for Conditional Use Permit 91-24, the development of 32
buildings totaling approximately 268,907 square feet and comprised of a mix of industrial,
multi-tenant, office, and restaurant uses, and Tentative Parcel Map 13845, a subdivision of
30.2 acres of land into 31 parcels int he Industrial Park District (Subarea 7) of the Industrial
Area Specific Plan, located at the southwest corner of Foothill Boulevard and Rochester
Avenue - APN: 229-011-10, 19, 21, 26, 27, and 28.
Mr. Scandifio stated them was one point in the Resolution and as mentioned in the staff report, it was their
understanding that the sign program was to be reviewed by staff and felt that part of their appeal had been
granted. He also mentioned that next week the Cowgirl would be coming down.
Mayor Stout agreed with Mr. Scandifio's observation with regard to their appeal.
Councilmember Alexander stated he also felt Mr. Scandi~o was correct.
Councilmember Buquet silted he had no preference either way.
Brad Buller,.City Planner, stated this is worded as Condition H on page 24DU and stated the wording could be
changed so that it states: "f'mal approval of this uniform sign program is appropriate with staff or shall be subject to
staff review and approval".
City Council Minutes
September 2, 1992
Page 5
RESOLUTION NO. 92-231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE
PARCEL MAP NUMBER 13845, LOCATED AT THE SOUTHWEST CORNER OF
FOOTHILL BOULEVARD AND ROCHESTER AVENUE, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 229-011-10, 19, 21, 26, 27, AND 28
RESOLUTION NO. 92-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 91-
24 FOR THE DEVELOPMENT OF 32 BUILDINGS TOTALING APPROXIMATELY
268,907 SQUARE FEET AND COMPRISED OF A MIX OF INDUSTRIAL, MULTI-
TENANT, OFFICE, AND RESTAURANT USES IN THE INDUSTRIAL PARK
DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN,
LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND
ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 229-011-10, 19, 21, 26, 27, AND 28
MOTION: Moved by Alexander, seconded by Williams to approve Resolution Nos. 92-231 and 92-241 as corrected.
Motion carried unanimously, 4-0-0-1 (Wright abstained due to being absent at the last meeting this was discusseA).
No items were submitted.
CONSENT ORDINANCES
F. ADVERTISED PUBI,IC HEARINGS
F1. CONSIDERATION OF AN APPEAl. TO VARIANCE 92-02 - SII.VA - An appeal of the Planning
Commission's decision to deny the request to reduce the required interior side yard setback from 5 feet to 6 inches
from the property line for a single family home in the Low Residential District (2-4 dwelling units per acre), located
at 10077 Ironwood Street - APN: 1077-041-64. Staff report presented by Nancy Fong, St. Planner. (0701-06
APPEAL) (1002-02 VARIANCE)
Mayor Stout opened the meeting for public hearing. Addressing the City Council were:
Mr. and Mrs. Silva, 10077 Ironwood, presented their viewpoint of the chronology of events and why they
should be granted the variance to grant their appeal. They stated their neighbors do not object to them
receiving the variance.
Councilmember Alexander stated he did not want to set a precedent by approving this.
Ron Nichols, 10092 Ironwood, neighbor of the Silva's, stated he has no problem with allowing the
variance. He stated his wife also had no problem with allowing this.
There being no further response, the public hearing was closed.
(9)
City Council Minutes
September 2, 1992
Page 6
Councilmember Wright stated according to the chronology, the homoowners were allowed to continue with the
project for twenty months before somoone told them it was not being done according to standards. She did not think
it was right to make them go back and change things after the City had once told them it was okay.
Councilmember Williams stated she had gone to the site and looked at the situation. She stated she agreed with
Councilmember Wright's comments. She also mentioned she noticed the same situation at a neighbor's house. She
did not think this would set a precedent.
Councilmember Alexander questioned if this could be approved without setting a precedent, although he did not think
this would set a precedent. He felt the Silva's were the victim and should not be punished.
Councilmember Buquet felt the Planning Commission was correct in their action. He felt this lot was a peculiar
shape.
Mayor Stout stated he agreed wi~h what was stated previously. He stated what concerns him is that there is no record
of the original approval. He felt this was an administrative error and did not want this to set a precedent and should
be made part of the record that it is not setting precedent.
RESOLUTION NO. 92-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO DENY VARIANCE NO. 92-02, A
REQUEST TO REDUCE THE REQUIRED INTERIOR SIDE YARD SETBACK
FROM 5 FEET TO 6 INCHES FROM THE PROPERTY LINE FOR A SINGLE
FAMILY HOME IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS
PER ACRE), LOCATED AT 10077 IRONWOOD STREET, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077-4341-64
MOTION: Moved by Stout, seconded by Alexander to grant the appeal and to allow the variance with certain
conditions. The conditions of the variance being that the mitigation measures as proposed by the City staff and as
discussed earlier be constructed, that is the fife wall and the enclosure in the front, that it specifically state in the
variance not only the unusual location of the poles, but the administrative error, so it is made clear this is not a
precedent and that the City be more sensitive to these types of situations where there is a difference between what the
Planning setback allows and what the Building Inspectors are doing out in the field. He felt they should be a little
more sensitive to this.
Councilmember Alexander asked Mr. Markman if it would be better to go forward with the motion stated above or
deny the variance, upholding the Planning Commission action and allow some other form of action to occur. He
stated he was mentioning this because of the precedent setting.
James Markman, City Attorney, stated they should act on the variance with direction to prepare a Resolution to
bring back .to the Council. He felt it should state that the purpose the Silva's want to use the sideyard is made
difficult because of the utility facility. He stated there would probably not be many examples of this type of
situation in the City.
Mayor Stout stated he wanted the administrative error finding to be included in the Resolution.
Motion carried unanimously, 5-0.
City Council Minutes
September 2, 1992
Page 7
James Markman, City AUorney, stated this is not a final action until the Resolution comes back before the Council
at the next meeting.
F2. CONSIDERATION OF AN APPEAI. OF ETIWANDA SPFCIFIC PI.AN AMF. NDMI~-NT 89-03 - U.S.
HOMF-S CORPORATION - An appeal of the Planning Commission's decision recommending denial of a request to
amend certain development standards within the Etiwanda Specific Plan (Continued from June 3, 1992) Stuff
report presented by Steve Hayes, Associate Planner. (0701-06 APPEAL) (0203-05 ETIW SP)
Mayor Stout commented that the park land as shown on page 65 of the agenda packet was too small to be useful.
Mayor Stout opened the meeting for public hearing. Addressing the City Council were:
Charles Schultz, Reid & Hellyer, representing U. S. Homes, asked that the City Council approve the plan
amendment allowing 8500 square foot lots. He continued to give background information on the project.
Keith Dagastino, 1565 Cambridge, Redlands, stated they have been working on this project for the last
couple of months to get the kind of project that the City wants. He stated they want one minor change to
the specific plan by making a variation to the lot size.
Elvira Perez did not agree with lowering the lot sizes.
Mayor Stout gave background information on the development of the Etiwanda Specific Plan. He explained that this
area is being down-zoned from what was originally in the Etiwanda Specific Plan.
Mike Perez, 13245 Victoria, stated he was in favor of lower density.
Brad Buller, City Planner, gave background information about this project getting its approval and how the 8500
square foot lots were arrived at.
Paul Anchor asked if this would make all the Etiwanda area 8500 square foot lots or just a small portion.
Mayor Stout stated this is only a small area if the City Council approves it.
Charles Schultz asked that the City Council approve the Specific Plan amendment.
There being no further response, the public hearing was closed.
Mayor Stout stated he was not in favor of this when it came before the Council the first time and still is not in favor
of it now.
Councilmember Alexander stated he still does not have any problems with this project.
Councilmember Wright stated she felt with this project being so close to the freeway, it does not present the type of
image the City wants because the lots are too small. She did not agree with lowering the lot sizes and does not feel
it follows the intent of the Etiwanda Specific Plan.
Councilmember Williams stated she agrees with Councilmember Wright and felt lots should be left at 10,000 square
feel
City Council Minutes
September 2, 1992
Page 8
(ii)
Councilmember Buquet felt U.S. Homes has proceeded in the way they were directed from the previous meeting. He
felt they have done what the City wanted them to do and now the Council is saying something else.
Mayor Stout stated he was not in agreement with this project from the beginning.
ORDINANCE NO. 491 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 89-03, A REQUEST TO AMEND THE MINIMUM AVERAGE LOT
SIZE REQUIREMENT FROM 10,000 TO 8,500 SQUARE FEET FOR 81.2 ACRES
OF LAND ZONED LOW-MEDIUM RESIDENTIAL GENERALLY LOCATED
BETWEEN ETIWANDA AND EAST AVENUES, NORTH OF FOOTHILL
BOULEVARD AND EAST OF ETIWANDA AVENUE, NORTH OF MILLER
AVENUE WITHIN THE ETIWANDA SPECIFIC PLAN AREA, AND MAKING
FINDINGS INS SUPPORT THEREOF- APN: 1100-041-09, 1100-081-12, 1100-171-
01 AND 13, 1100-181-01, 1100-141-01 AND02, AND 1100-191-01
ORDINANCE NO. 492 (furst reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 89-03. A REQUEST TO AMEND THE MINIMUM AVERAGE LOT
SIZE REQUIREMENT FROM 10,000 TO 8,500 SQUARE FEET FOR ALL
PROPERTIES ZONED LOW-MEDIUM RESIDENTIAL SOUTH AND EAST OF THE
DEVORE FREEWAY WITHIN THE ETIWANDA SPECIFIC PLAN AREA, AND
MAKING FINDINGS IN SUPPORT THEREOF
RESOLUTION NO. 92-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING ETIWANDA SPECIFIC PLAN
AMENDMENT 89-03, A REQUEST TO AMEND CERTAIN DEVELOPMENT
STANDARDS WITHIN THE ETIWANDA SPECIFIC PLAN, AND MAKING
FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Wright, seconded by Williams to approve Resolution No. 92-070. Motion camed 3-2
(Buquet and Alexander voted no).
CONSIDg-RATION OF APPEAl. OF VESTING TENTATIVP TRACT 14211 - U.S. HOMES
CORPORATION - An appeal of the Planning Commission's decision denying the proposed Tentative Tract Map and
Design Review of the development of 226 single family lots on 81.2 acres of land within the Etiwanda Specific Plan
in the Low-Medium Residential District (4-8 dwelling units per acre), located on the east side of Etiwanda Avenue,
south of the Devore Freeway, and west of East Avenue - APN: 1100-041-09, 1100-081-02, 1100-171-01 and 13,
1100-181-01, 1100-141-01 and 02, and 1100-191-01. Related File: Etiwanda Specific Plan Amendment 89-03.
(Continued from June 3, 1992) (0701-06 APPEAL)
City Council Minutes
September 2, 1992
Page 9
RESOLUTION NO. 92-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING VESTING TENTATIVE TRACT NO.
14211, A RESIDENTIAL SUBDIVISION OF 226 SINGLE FAMILY LOTS ON 81.2
ACRES OF LAND WITHIN THE ETIWANDA SPECIFIC PLAN IN THE MEDIUM
AND LOW MEDIUM RESIDENTIAL DISTRICTS (8-14 AND 4-8 DWELLING
UNITS PER ACRE, RESPECTIVELY), LOCATED ON THE EAST SIDE OF
ETIWANDA AVENUE, SOUTH OF THE DEVORE FREEWAY AND WEST OF
EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-
041-09, 1100-081-12, 1100-171-01 AND 13, 1100-181-01, 1100-141-01 AND -02, AND
1100-191-01
RESOLUTION NO. 92-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE DESIGN REVIEW OF VESTING
TENTATIVE TRACT NO. 14211, THE DESIGN REVIEW OF A RESIDENTIAL
SUBDIVISION OF 226 SINGLE FAMILY LOTS ON 81.2 ACRES OF LAND
WITHIN THE ETIWANDA SPECIFIC PLAN IN THE MEDIUM AND LOW MEDIUM
RESIDENTIAL DISTRICTS (8-14 AND 4-8 DWELLING tINITS PER ACRE,
RESPECTIVELY), LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE,
SOUTH OF THE DEVORE FREEWAY AND WEST OF EAST AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-041-09, 1100-081-12,
1100-171-01 AND-13, 1100-181-04, 1100-141-01 AND -02, AND 1100-0191-01
MOTION: Moved by Wright, seconded by Williams to approve Resolution Nos. 92-071 and 92-072. Motion
carried 3-2 (Buquet and Alexander voted no).
F3. CONSIDERATION OF ESTABLISHING AN IMPROVEMF. NT AREA WITHIN COMMUNITY
FACII.ITIF. S DISTRICT 91-I (VICTORIA COMMUNITY) AND 'AUTHORIT. ATION TO I.F. VY AN
ADDITIONAl. SPECIAL TAX Staff report presented by Linda Daniels, Deputy City Manager. (0403-01 COM
FAC DI)
Mayor Stout asked the City Clerk if the Notice of Intention and Notice of Hearing were on f'de.
Debra J. Adams, City Clerk, answered yes.
Mayor Stout opened the meeting for public hearing for those to speak in protest of this matter.
No response was made.
Mayor Stout opened the meeting for public hearing for those in favor of this matter. Addressing the City Council
was.'
Dan FeUx, Hahn Company - general parmer, HEA Associates (developer of shopping center), stated they are
in complete concurrence with the recommendation before the City Council. He stated he would be happy to
answer any questions.
City Council Minutes
September 2, 1992
Page 10
Mayor Stout asked staff for a presentation of any protest count of registered voters or owners.
Linda Daniels, Deputy City Manager, stated there has been no written protests received by staff.
There being no further response, the public hearing was closed.
RESOLUTION NO. 92-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING CERTAIN PRELIMINARY FINDINGS,
PASSING UPON PROTESTS AND APPROVING FINAL REPORT
MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 92-237. Motion carried 4-0-1
(Buquet absent).
RESOLUTION NO. 92-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING AND ESTABLISHING AN
IMPROVEMENT AREA WITHIN AN EXISTING COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF AN ADDITIONAL
SPECIAL TAX WITHIN SUCH IMPROVEMENT AREA TO THE QUALIFIED
ELECTORS
MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 92-238. Motion carried 4-0-1
(Buquet absent).
Mayor Stout called a recess at 10:43 p.m. in order for the City Clerk to conduct the election for CFD 91-1. The
meeting reconvened ~ 10:52 p.m.
Mayor Smut asked for the City Clerk to read the election results.
Debra J. Adams, City Clerk, stated there were 93 yes votes for Propositions A and B.
RESOLUTION NO. 92-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF A "MELLO-
ROOS" COMMUNITY FACILITIES ACT OF 1982 SPECIAL ELECTION
MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-239. Motion carried
unanimously, 5-0.
Debra J. Adams, City Clerk, read the title of Ordinance No. 502.
City Council Minutes
September 2, 1992
Page 11
ORDINANCE NO. 502 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX
IN AN IMPROVEMENT AREA OF AN EXISTING COMMUNITY FACILITIES
DISTRICT
MOTION:
No. 502 for September 16, 1992. Motion carried unanimously, 5-0.
Moved by Williams, seconded by Alexander to waive full reading and set second reading of Ordinance
G. PUBI,IC HEARINGS
G1. CONSIDERATION OF AN ORDINANCE ESTABI.ISHINO
Rg. GULATIONS AND PERMIT
REOUIRF. M~.NTS FOR TAXICAB SERVICF:. (Continued from August 19, 1992) Staff report presented
by Duane Baker, Assistant to the City Manager. (1206-06 TRANSPORT)
Councilmember Wright suggested that a sex offender be Founds for revocation or denim of a taxi cab permit.
Duane Baker, Assistant to the City Manager, suggested this be added under Section 8.030.090 "Grounds for Denial
or Revocation of Taxi Cab Driver's Permit (see page 160 of agenda packet).
Councilmember Buquet stated after reviewing the survey on page 155, he would suggest modification of changing
the liability insurance limit to $1,000,000.00 and increasing the property to $1,000,000.00 as is consistent with
other cities.
Mayor Stout gave information relating to this matter from discussions of the last meeting.
Mayor Stout opened the meeting for public hearing. Addressing the City Council was:
Gene Stallings, President of Yellow Cab Company, presented information on taxi-cab services. He did not
think the Ordinance complied with SB944 and did not think the City Council was receiving all the
information he had been giving to staff.
Councilmember Buquet stated he felt th~ cab companies were playing one against the other to get what they wanted.
He stated all he wants to do is put the City in compliance with regulations.
Mr. Stallings felt if the Council left the Ordinance as it is now, there would not be cab sexyice available in
the yean to come.
Councilmember Buquet felt there was plenty of time in the future to change the Ordinance if down the line changes
needed to be made.
Mayor Stmut agreed with Councilmember Buquet.
Councilmember Alexander felt possibly more time should be taken to look at the information Mr. Stallings was
presenting and that possibly the item should be continued for a couple of weeks.
There being no response, the public hearing was closed.
City Council Minutes
September 2, 1992
Page 12
(i4)
Debra J. Adams, City Clerk, read the title of Ordinance No. 501.
James Markman, City Attorney, reminded the Council there were the two amendments to the Ordinance as presented.
ORDINANCE NO. 501 (ftrst 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 8.30
ENTITLED "TAXICAB SERVICE," THEREIN REGULATING AND PERMITTING
THE OPERATION OF TAXIS
MOTION: Moved by Wright, seconded by Williams to waive full reading. Motion can'ied unanimously, 543.
MOTION: Moved by Wright, seconded by Wi!liams to set second reading of Ordinance No. 501 for September 16,
1992. Motion carried 4-1 (Alexander no).
Mayor Stout asked that updates come back to the Council as any problem occurs, complaints are received, etc.
G2, CONSIDERATION OF PROPERTY OWNER RF. OUEST TO FORM AN ASSF.,~iSMR. NT DISTRICT IN
SOUTH F. TIWANDA Staff report presented by Duane Baker, Assistant to the City Manager. He pointed out letters
had been submitted by Jack Schrader, who was in favor of the formation of the Assessment District, and Joe and
Beve~y White, who opposed the formation of the Assessment District. (0401433 ASS DIST)
Mayor Stout opened the meeting for public hearing. Addressing the City Council were:
Jim Clark, 6862 Etiwanda Avenue, did not feel he could afford the assessment increase because he is a
farmer with twenty acres and does not have the income to pay for iL
Elvira Perez stated she was against the Assessment District and did not want to be included in the area. She
stated she owns 2.5 acres.
Kathy Wheafiey Solovia informed the Council about the mechanics of Assessment Districts that had been
formed in Santa Ana and Fullerton, and how they related to the proposed Assessment District in Rancho
Cucamonga.
Mike Robbins, 7576 Etiwanda, Myohoji Temple, felt the Assessment District would not benefit his
organization, only the big developers.
Mike Perez, 13245 Victoria, stated his property is not in the proposed Assessment District area, but felt the
City Council should be careful and advised the Council about other Assessment Districts he had been
involved in.
Steve Wheadey, 10601 Civic Center Drive, stated they are asking the Council to allow them to spend their
money to front the initial assessment engineer consultant for the Assessment District.
John Seibel, representing Loveland Church, stated they ate in favor of the Assessment District.
Alfonso Hughes, of Loveland Church, stated they ate in favor of the Assessment District.
City Council Minutes
September 2, 1992
I:~age 13
Phyllis Bonshire, southeast comer of Base Line and Efiwanda, stated she could not afford the assessment
herself.
There being no further response, the public hearing was closed.
Mayor Stout stated he did not want to put someone out of their property, but suggested something could be
developed where those that are interested in the Assessment District pay for it. He stated hc wanted to know the
number of alternatives available in setting this up to be included in the Engineer's Report.
MOTION: Moved by Buquet, seconded by Alexander to authorize staff to continue with the proceeding, prepare an
RFP or RFQ in order to get an assessment engineer on board, and to authorize staff to prepare the necessary
reimbursement agreement(s) with the property owners to use their money to pay for the consultants.
Councilmember Buquet wanted to add the provision that the City insures that as part of the process that the issues
raised as far as deferrats and impacts on the property owners that could not afford the assessment be considered.
Motion carried unanimously, 5-0.
No items were submitted.
H. CITY MANAGER'S STAFF REPORTS
I. COUNCIl. BUSINESS
II. DISCUSSION ON AI.TERNATIVES TO ASSESSMENT DISTRICTS (Continued from August
19, 1992) Staff report presented by Joe O'Neil, City Engineer. (0401-03 ASS DIS'I)
Mayor Stout suggested that the Public Works Subcommittee study this and then come back to the entire City
Council with their analysis in approximately 60 days.
MOTION: Moved by Stout, seconded by Wright to refer this matter to the Public Works Subcommittee for further
analysis and for the information to come back to the Council at a later date. Motion earned unanimously, 5-0.
I2. CONSIDFRATION TO ADOPT LIBRARY MASTER PLAN AND IMPI F. MENTATION PI.AN Staff
report presented by Linda Daniels, Deputy City Manager, who stated there is a meeting on September 15 with Harry
Mays of the County on the Library matter. (1601-06 LIBRARY)
Councilmember Buquet felt the City needed to start conversations with the County regarding the take-over of the
library and get more aggressive.
MOTION: Moved by Stout, seconded by Buquet to adopt the Library Master Plan and Implementation Plan as
prepared by Ray Holt and Associates. Motion carried unanimously, 5-0.
City Council Minutes
September 2, 1992
Page 14
.I. IDENTIFICATION
No items were identified for the next meeting.
OF ITEMS FOR NEXT MEETING
No communication was made from the public.
COMMUNICATIONS FROM THE PUBI,IC
ADJOURNMENT
MOTION: Moved by Alexander, seconded by Buquet to adjourn to Executive Session to discuss property
negotiations regarding the Sports Complex. Motion carried unanimously, 5-0. The meeting adjourned to Executive
Session at 12:16 a.m. not to reconvene.
R_e.~ecffull bmi
City Clerk
Approved: October 7, 1992