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HomeMy WebLinkAbout1992/04/01 - Minutes April 1, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, April 1, 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 7:02 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II (arrived 7:04 p.m.), Diane Williams, 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; Brad Buller, City Planner; Larry Henderson, Principal Planner; Miki Bratt, Associate Planner; Steve Hayes, Associate Planner; Anthea Hartig, Associate Planner; Joe O'Neil, City Engineer; Paul Rougeau, Traffic Engineer; Mike Olivier, Sr. Civil Engineer; Betty Miller, Associate Engineer; Jim Martin, Plan Check Coordinator; Jim Schroeder, Building Inspector Supervisor; Jim Thomas, Building Inspector Supervisor; Phil Mosley, Counter Plans Examiner; John Thomas, Sr. Plans Examiner/Fire; Jim Hart, Administrative Services Director; Marti Higgins, Disaster Preparedness Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was Councilmember: Pamela J. Wright, who was recuperating from surgery. * , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Designating April 1992 as "Prevent a Litter Month" in Rancho Cucamonga. Mayor Stout presented the Proclamation to Valerie Card, President of Rancho Cucamonga Friendship for Animals. B2. Presentation of Proclamation Designating April 1992 as "California Earthquake Preparedness Month." Mayor Stout presented the Proclamation to Marti Higgins, Disaster Preparedness Manager. City Council Minutes April 1, 1992 Page 2 Ms. Higgins mentioned there would be an emergency drill to take place this coming Saturday at 1:00 p.m. in the 6200 block of Opal Avenue. She invited anyone interested to attend. B3. Presentation of Proclamation to Declare April 13 through April 17, 1992 as "Rancho Cucamonga Building Safety Week." Mayor Stout presented the Proclamation to John Thomas, Jim Thomas and Phil Mosley of the Fire Safety and Building and Safety Departments. The staff invited everyone to come to "Building and Safety Day" to be held at City Hall on April 15 at 6:00 p.m. B4. Presentation of Proclamation proclaiming April as "Community Services Month." Mayor Stout presented the Proclamation to Joe Schultz, Director of Community Services. B5. Presentation of Proclamation to the Environmental Management Commission Chairman designating the Month of April as "Recycle Month and Earth Month." Mayor Stout presented the Proclamation to Jack Williams, Chairman, Environmental Management Commission. B6. Jack Lam, City Manager, requested that Item G1 be continued to the April 15 meeting, but asked that when this item comes up on the agenda that the public hearing be opened and continued. He stated with respect to Item G2, that this matter has been resolved with the property owner and asked that the item be removed from the agenda. He asked that there be an Executive Session in order to approve an agreement on Item G2. James Markman, City Attorney, felt Item G1 could be resolved prior to the next meeting. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. , , , , , , D. CONSENT CALENDAR D1. Approval of Minutes: February 19, 1992 (Buquet absent) March 4, 1992 D2. Approval of Warrants, Register Nos. 3/18/92 and 3/25/92; and Payroll ending 3/12/92 for the total amount of $932,894.66. City Council Minutes April 1, 1992 Page 3 D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Rochester Avenue Street Improvements, located from Victoria Park Lane to Highland Avenue, and Traffic Signal and Safety Lighting Installation Project at the intersection of Highland and Rochester Avenues, to be funded from the following Accounts: TDA, Article 8, 12-4637-9101; TDA, Local Measure I, 32-4637-9111; Systems, 22-4607-9108; and RDA, 11-50100. (0601-01 BID) RESOLUTION NO. 92-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ROCHESTER AVENUE STREET IMPROVEMENTS, LOCATED FROM VICTORIA PARK LANE TO HIGHLAND AVENUE, AND TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION PROJECT AT THE INTERSECTION OF HIGHLAND AVENUE AND ROCHESTER AVENUES IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of appropriations within the Special Districts funds for a total of $43,360.00. (0401-21 FUND APPRO) D5. Approval of Resolution authorizing issuance of 1992 Refunding Special Tax Bonds applicable to Day Creek Community Facilities District 84-1. (0405-02 BOND/SALE) (0403-01 COM FAC DI) RESOLUTION NO. 92-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ISSUANCE OF 1992 REFUNDING SPECIAL TAX BONDS, DELEGATING TO THE CITYMANAGER AUTHORITY TO DETERMINE THE FINAL PRICING OF THE BONDS, AND APPROVING THE FORM OF THE BONDS, BOND INDENTURE, AND RELATED DOCUMENTS PERTAINING TO THE SALE AND DELIVERY OF THE BONDS ALL ON BEHALF OF COMMUNITY FACILITIES DISTRICT NO. 84-1, AND AUTHORIZING A RESTATED AND AMENDED LOAN AND PLEDGE AGREEMENT RELATED THERETO D6. Approval to execute contracts with Bruce Hull and Associates (CO 92-018) for Appraisals and Joseph Janczyk Evans of Empire Economics (CO 92-019) for Market Absorption Study related to Community Facilities District 91-1. (0602-01 CONTRACT) D7. Approval to execute Contract Change Order No. 1 for Professional Services Agreement with Norris-Repke, Incorporated (CO 91-058), Haven Avenue Improvements, Foothill Boulevard to Base Line Road, to be funded from Measure I, Account No. 32-4637-9027 for $22,520.00. (0602-01 CONT AMEN) D8. Approval of Map, execution of Improvement Agreement, Improvement Securities, Agreement for Postponement of Recordation of Covenants, Conditions and Restrictions, Summary Vacation of a Drainage Easement and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting (2) (3) (4) (s) (6) City Council Minutes April 1, 1992 Page 4 (7) Maintenance District Nos. 1 and 4 for Tract Map 13298, located on the southwest corner of Milliken Avenue and Mountain View Drive, submitted by Lewis Development Company. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 92-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND FINAL MAP OF TRACT NO. 13298 RESOLUTION NO. 92-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE AGREEMENT WITH LEWIS DEVELOPMENT COMPANY FOR POSTPONEMENT OF APPROVAL OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 13298 RESOLUTION NO. 92-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT NO. 13298 RESOLUTION NO. 92-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A DRAINAGE EASEMENT D9. Approval of Map, execution of Improvement Agreement, Improvement Securities, Agreement for Postponement of Recordation of Covenants, Conditions and Restrictions and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map 14486, located at 9874 and 9892 Arrow Route, east of Archibald Avenue, submitted by Cedar Villas, a California Limited Partnership. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 92-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND FINAL MAP OF TRACT NO. 14486 RESOLUTION NO. 92-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE AGREEMENT WITH CEDAR VILLAS, A CALIFORNIA LIMITED PARTNERSHIP FOR POSTPONEMENT OF APPROVAL OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 14 City Council Minutes April 1, 1992 Page 5 RESOLUTION NO. 92-086 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 NO. 14486 D10. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract 14365 located south of Mountain View Drive and West of Milliken Avenue, submitted by Lewis Development Company. (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 92-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 14365 RESOLUTION NO. 92-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT NO. 14365 Dll. Approval to execute Improvement Agreement Extension for Tract 10246, located on the southwest corner of Haven Avenue and Hillside Road, submitted by JCR Development. (0602-01 AGREE EXTN) RESOLUTION NO. 92-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 10246 D12. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13351-1, located on the southwest corner of Milliken Avenue and Terra Vista Parkway. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 9,900.00 Accept: Maintenance Guarantee Bond (Street) $ 900.00 RESOLUTION NO. 92-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13351-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (9) City Council Minutes April 1, 1992 Page 6 D13. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13738, located at the southwest corner of Sapphire and Almond Streets. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) Faithful Performance Bond (Storm Drain) $ 474,000.00 $ 588,000.00 Accept: Maintenance Guarantee Bond (Street) $ 47,400.00 Maintenance Guarantee Bond (Storm Drain) $ 58,800.00 RESOLUTION NO. 92-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13738 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Alexander to approve the Consent Calendar. Motion carried unanimously, 4-0-1 (Wright absent). E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENTAND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 92-01 - CITY OF RANCHO CUCAMONGA - A proposal to amend Figure II-7, and Figures IV-1 through IV-19, regarding certain trail locations. (0203-05 INDUS SP) Debra J. Adams, City Clerk, read the title of Ordinance No. 488. ORDINANCE NO. 488 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIALAREA SPECIFIC PLAN AMENDMENT 92-01, AMENDING FIGURE II-7, AND FIGURES IV-1 THROUGH IV-19, REGARDING CERATIN TRAIL ROUTES AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to waive full reading and approve Ordinance No. 488. Motion carried unanimously, 4-0-1 (Wright absent). , , 'A' , , E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 92-01 - CITY OF RANCHO CUCAMONGA - A proposal to amend Figure 5-18 and Figures 5-20 through 5-40 regarding certain trail locations and to amend Article 5.33.200 regarding Community Trails. (0203-05 ETIW SP) Debra J. Adams, City Clerk, read the title of Ordinance No. 489. City Council Minutes April 1, 1992 Page 7 ORDINANCE NO. 489 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 92-01, AMENDING FIGURE 5-18, AND FIGURES 5-20 THROUGH 5-40, REGARDING CERTAIN TRAIL ROUTES AND AMENDING ARTICLE 5.33.200 REGARDING COMMUNITY TRAILS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to waive full reading and approve Ordinance No. 489. Motion carried unanimously, 4-0-1 (Wright absent). E3. CONSIDERATION OF ACTIONS RELATING TO COMMUNITY FACILITIES DISTRICT 91-1 (0403-01 COM FAC DI) Debra J. Adams, City Clerk, read the title of Ordinance No. 490. ORDINANCE NO. 490 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Buquet, seconded by Alexander to waive full reading and approve Ordinance No. 490. Motion carried unanimously, 4-0-1 (Wright absent). F. i~DVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF APPEAL OF ETIWANDA SPECIFIC PLAN AMENDMENT 89-03 - U.S. HOMES 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 March 18, 1992) Staff report presented by Steve Hayes, Associate Planner. (0701-06 APPEAL) (0203-05 ETIW SP) Mayor Stout re-opened the meeting for public hearing. Council was: Addressing the City Charles Schultz, Reid & Hellyer, stated they are requesting the City Council approve the Plan Amendment as proposed by staff, but that the Vesting Tentative Map go back to the Planning Commission for further analysis. Councilmember Williams asked if there was any time frame for this project, and would they come back with a redesign. Mr. Schultz stated they would if the Plan Amendment was approved. stated they do realize they will have to come back with a redesign. He (i4) (is) City Council Minutes April 1, 1992 Page 8 There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 491 and 492. 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 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 8.12 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 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 ORDINANCE NO. 492 (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 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 MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading of Ordinance Nos. 491 and 492 for April 15, 1992. Councilmember Williams stated that two weeks ago she was willing to reduce the parcel size. She stated she did not think U.S. Homes would be willing to change the design of the project. She added that after further investigation on her part, she does not see a good faith move on the developer's part, and was taking away her support for the smaller lot sizes. Mayor Stout stated he is not in favor of this amendment. Councilmember Alexander stated he supports the approval of the project. Councilmember Buquet stated he is still in favor of the amendment, but realized there were still a number of issues to resolved. He stated he appreciated U.S. Homes honesty about informing the Council that they will eventually sell the project. He felt a quality project can still come out of this. City Council Minutes April 1, 1992 Page 9 Mayor Stout stated his position has still not changed since the last meeting. He asked the City Attorney how to proceed with this matter since it was apparent there was a tie vote on this matter. James Markman, City Attorney, stated unless the developer waives some time lines on the map, there would be some problems with time running out on the Vesting Tentative Map. He felt if the developer would waive the time lines, it would allow the fifth Councilmember to listen to the tapes regarding this matter and then come back for a vote for all five Councilmembers. He stated unless the developer will waive the time lines, he would suggest the Council deny the appeal. Mr. Schultz, Reid and Hellyer, stated they would waive the time limits in order to wait for Councilmember Wright to return, but would also like to make a presentation when she returns. Mayor Stout stated that in the meantime, they go back and work on the Vesting Tentative Map and do the things they say they would like to do. James Markman, City Attorney, suggested that it be part of the record that the developer is waiving time limits presently to act on the Vesting Map as it is now presented to the Council, that they intend to take it back to the Commission with the Council's direction, that the Council continue the hearings on the Ordinances before them to 7:00 p.m., on June 3, 1992 in the Council Chambers, and direct the Vesting Map be sent back to the Planning Commission with modifications agreeable to the developer, and hopefully to come back at the same time. MOTION: Moved by Stout, seconded by Buquet that the Etiwanda Specific Plan Amendment be continued to June 3, 1992 to be heard in the Council Chambers. Motion carried unanimously, 4-0-1 (Wright absent). CONSIDERATION OF APPEAL OF VESTING TENTATIVE TRACT 14211 - U.S. HOMES CORPORATION - An appeal of the Planning Commission's decision denying the proposed tentative tract map and design review for 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 12, and 1100-191-01. Related File: Etiwanda Specific Plan Amendment 89-03. (Continued from March 18, 1992) Staff report presented by Steve Hayes, Associate Planner. (0701-06 APPEAL) See above portion of item for public hearing discussion. 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 City Council Minutes April 1, 1992 Page 10 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 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, ll00-171-01AND -13, 1100-181-01, 1100-141-01 AND -02, AND 1100-191-01 MOTION: Moved by Stout, seconded by Buquet that the Vesting Tentative Tract Map be returned to the jurisdiction of the Planning staff and Planning Commission for appropriate consultation and negotiation, and for this item also to appear on the June 3, 1992 agenda. Motion carried unanimously, 4-0-1 (Wright absent). F2. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT FOR SPECIFIC PLAN 90-01 AND GENERAL PLAN AMENDMENT 90-03B - CITY OF RANCHO CUCAMONGA - A public hearing to comment on the draft final environmental impact report prepared for the Etiwanda North Specific Plan and General Plan Amendment 90-03B to prezone approximately 6,840 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single-family dwelling units on 2,112 acres of vacant land, 28 acres of neighborhood commercial use, 4 schools, 5 parks, an equestrian center, and preservation of 4,442 acres of open space generally located north of Highland Avenue (State Route 30), south of the San Bernardino National Forest, west of the City of Fontana, and east of Milliken Avenue. Staff report presented by Larry Henderson, Principal Planner. (1403-06 EIR) (0203-03 GPAMEN) (0203-05 SPCF PLN) Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Marlene Trunnel, 10112 Bel Air, Montclair, from San Bernardino Sage Friends and Pomona Valley Greens, stated they support Rancho Cucamonga's annexation of North Etiwanda and will work towards that goal. She added she thinks the EIR is fragmented. They asked for the preservation of all habitat north of the utility corridor. She also presented a letter which is on file in the office of the City Clerk which contains her comments. City Council Minutes April 1, 1992 Page 11 Joe Decist, 28516 Wisteria Lane, Highland, stated it is his understanding that this area is on an earthquake fault. He felt there should be an in- depth study regarding seismic conditions that might exist in this area. Stacy Thompson, 133 Brooks, Claremont, stated it is apparent that the County does not care to preserve this area that is in the Rancho Cucamonga Sphere of Influence. She continued to quote various information from the EIR. She also entered a written statement as part of the record which is on file in the office of the City Clerk. Dan Culney, 6729 Hermosa, commented on the fault zones for this area. He also commented on the need for open space and stated he supported this matter. Don Stahlin, 5 Park Plaza, Irvine, stated he was an owner of property in this area and that because of economic conditions, it is stopping their project from going forward approving their final map and building their homes in the area. Greg Corub, 13926 San Dimas, felt if someone does not want the property to be developed, they should purchase it and not develop it. Leeona Klippstein, commended Miki Bratt for her work on this project. They asked that the City take measures to preserve the land. She also presented a map to be included as part of the record and made comments about it. She continued to comment on the endangered species and how they should be preserved. Her written comments are on file in the office of the City Clerk. Michael Phillips of Laguna Beach, stated he would like to encourage that the land be preserved and asked that the City Council consider this. Glenn Black, 1644 Humbolt, Ontario, commented on .the letter the City Council received today from the Department of Fish and Game, and read various portions from it. He stated he did not approve of staff's recommendation of the documents. Billy Schwarz, 1051 E. 4th #20, Ontario, stated she supported the work that Stacy Thompson is doing. She felt the sage should be preserved. Scott Rittenhouse, 1550 N. Hobart #112, Los Angeles, stated he is a Planner in the Los Angeles area and made comments on the EIR. He did not feel this was in compliance with CEQA. He also presented written material which is on file in the office of the City Clerk. Mayor Stout questioned his figures and the information he presented. Councilmember Buquet also questioned the information he presented and pointed out that he and Mayor Stout are very sensitive to this area. Mr. Rittenhouse continued to give his comments against this plan. City Council Minutes April 1, 1992 Page 12 Councilmember Alexander stated even though annexation probably won't occur, the City would still like to have a plan in place that is a good plan. Brad Buller, City Planner, stated this EIR is consistent with CEQA regulations. Mayor Stout called a recess at 9:00 p.m. The meeting was called back to order at 9:20 p.m. with all Councilmembers present (Wright absent). Richard DuCurtis felt this should go back to the County. Mike Daniels, of Fontana, felt the City Council should go on record and set an example by stopping the rape of the land. Dunkle Stepkey, of Claremont, agreed with Stacy Thompson's comments. He felt whatever can be preserved should be preserved. He felt the annexation should occur. Jim Clark, 6826 Etiwanda Avenue, stated residents were concerned about this even before the City was a City. He stated his family owns a portion of this land. Chris Pauls, 34 Executive Park, Irvine, Caryn Company, felt Rancho Cucamonga should not go forward with this plan. He mentioned various correspondence he entered into the record. He specifically mentioned the University Crest project and stated they would continue to work with the City on this project, but asked that modifications be made to the plan. Debra Webster, 14786 Summit, stated she feels strongly when someone tells her what she can or cannot do with her property. Richard Douglas, Landmark Company, read a statement into the record which is on file in the office of the City Clerk. Cynthia O'Lare, of Pomona, member of the Greens, stated she did not think it was acceptable to approve the plan. Robert Foot, 621 Berlin, Ontario, felt the City Council should show concern for Cucamonga Canyon. There being no further response, the public hearing was closed. Councilmember Alexander stated he supported staff. Mayor Stout mentioned all the worked that staff has put into this project, including commission meetings and all the responses that have been prepared to the letters the City has received. He felt staff has done an excellent job. He felt this plan should be approved, but stated that like any plan, an amendment can be made to it. City Council Minutes April 1, 1992 Page 13 Councilmember Williams felt this was a good plan to attempt to do what the City wants to accomplish for this area. RESOLUTION NO. 92-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ETIWANDA NORTH SPECIFIC PLAN AND ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-092. Motion carried unanimously, 4-0-1 (Wright absent). CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLANAMENDMENT 90-03B - CITY OF RANCHO CUCAMONGA - A request to recommend approval of a General Plan Amendment to provide consistency with the draft Etiwanda North Specific Plan, prezoning approximately 6,840 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single-family dwelling units on 2,112 acres of vacant land, 28 acres of neighborhood commercial use, 4 schools, 5 parks, an equestrian center, and preservation of 4,442 acres of open space generally located north of Highland Avenue (State Route 30), south of the San Bernardino National Forest, west of the City of Fontana, and east of Milliken Avenue. Staff report presented by Larry Henderson, Principal Planner. (0203-03 GP AMEN) See above portion of item for public hearing discussion. RESOLUTION NO. 92-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 90-03B, AMENDING THE LAND USE AND CIRCULATION MAPS, AND REVISING VARIOUS MAPS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 92- 093. Motion carried unanimously, 4-0-1 (Wright absent). CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND SPECIFIC PLAN 90-01 - CITY OF RANCHO CUCAMONGA - A request to recommend approval of the Etiwanda North Specific Plan, prezoning approximately 6,840 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single-family dwelling units on 2,112 acres of vacant land, 28 acres of neighborhood commercial use, 4 schools, 5 parks, an equestrian center, and preservation of 4,442 acres of open space generally located north of Highland Avenue (State Route 30), south of the San Bernardino National Forest, west of the City of Fontana, and east of Milliken Avenue. Staff report presented by Larry Henderson, Principal Planner. (0203-05 SPCF PLN) (19) City Council Minutes April 1, 1992 Page 14 (20) See above portion of item for public hearing discussion. Debra J. Adams read the title of Ordinance No. 493. ORDINANCE NO. 493 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN 90-01, THE ETIWANDA NORTH SPECIFIC PLAN MOTION: Moved by Buquet, seconded by Stout to waive full reading and set second reading of Ordinance No. 493 for the April 15, 1992 meeting. Motion carried unanimously, 4-0-1 (Wright absent). F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED HAVEN AVENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PROJECT BETWEEN FOOTHILL BOULEVARD AND CHURCH STREET Staff report presented by Mike Olivier, Sr. Civil Engineer. (1110-10 STORM DR) (1110-10 STREET PI) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 92-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~MONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED RAVEN AVENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PROJECT BETWEEN FOOTHILL BOULEVARD AND CHURCH STREET MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-094. Motion carried unanimously, 4-0-1 (Wright absent). F4. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED RAVEN AVENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PROJECT BETWEEN CHURCH STREET AND BASE LINE ROAD AND BASE LINE ROAD EAST AND WEST OF RAVEN AVENUE Staff report presented by Mike Oliver, Sr. Civil Engineer. (1110-10 STORM DR) (1110-10 STREET PI) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes April 1, 1992 Page 15 RESOLUTION NO. 92-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED HAVEN AVENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PROJECT BETWEEN CHURCH STREET AND BASE LINE ROAD AND BASE LINE ROAD EAST AND WEST OF HAVEN AVENUE MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-095. Motion carried unanimously, 4-0-1 (Wright absent). F5. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - FISCAL YEAR 1992/93 AND RELATED AMENDMENTS TO THE CHAS - The adoption of the Preliminary Statement of Community Development Objectives and the Projected Use of Funds for the Community Development Block Grant Application for Fiscal Year 1992/93, based on a grant of $551,000.00, and related Amendments to the Comprehensive Housing Strategy to allow the Funding of Public Service Activities. (THIS ITEM TO BE CONTINUED TO APRIL 15, 1992) (0203-04 CDBG) MOTION: Moved by Buquet, seconded by Alexander to continue the item to April 15, 1992. Motion carried unanimously, 4-0-1 (Wright absent). PUBLIC HEARINOS G1. CONSIDERATION OF EMINENT DOMAIN ACTION TO ACOUIRE PUBLIC RIGHT-OF-WAY FOR LARK DRIVE FROM ITS EXISTING EASTERLY TERMINUS TO ROCHESTER AVENUE - Public hearing of protests regarding eminent domain action to acquire public right-of- way for Lark Drive from its easterly terminus to Rochester Avenue at the property commonly known by Assessors Parcel Number 227-011-13 (a vacant lot) for the construction of street improvements across the south property line of said property. (Continued from March 18, 1992) (1002-06 EM DOMAIN) Mayor Stout opened the meeting for public hearing. RESOLUTION NO. 92-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Williams to continue the public hearing to April 15, 1992. Motion carried unanimously, 4-0-1 (Wright absent). (22) City Council Minutes April 1, 1992 Page 16 (24) (25) (26) G2. CONSIDERATION OF EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR LARK DRIVE FROM IT'S EXISTING EASTERLY TERMINUS TO ROCHESTER AVENUE AND THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND ROCHESTER AVENUE - Public hearing of protests regarding eminent domain action to acquire public right-of-way for Lark Drive from its easterly terminus to Rochester Avenue and the southwest corner of Highland Avenue and Rochester Avenue at the property located at 11881 Highland Avenue (APN 227-011-09) for the construction of street improvements across the south property line of said property. (Continued from March 18, 1992) (1002-06 EM DORAIN) James Markman, City Attorney, asked for an Executive Session to discuss the purchase of the property described as listed for this item. The Council recessed to Executive Session at 9:54 p.m. The meeting was called back to order at 10:00 p.m. James Markman, City Attorney, stated there is an Easement Acquisition Agreement which settles the matter for Item G2, and along with that a letter dated April 1, 1992 to DeVito Francesco clarifying the agreement. RECOLUTION NO. 92 07~ A RESOLUTION OF TME CITY COUNCIL OF THE CITY OF RA~CHO CUCAMONCA, CALIFOFe]IA, DECLARINC TIlE PUBLIC NEED A~D NECESSITY TO CONDEFa] DORTIONC OF CERTAIN REAL PROPERTY LOCATED IN TIIE CITY OF RA}~CHO OUCANONCA A~D MAKINC FINDINCE IN SUPPORT THEREOF (RESOLUTION NOT NEEDED) MOTION: Moved by Stout, seconded by Buquet to approve the Acquisition Agreement. Motion carried unanimously, 4-0-1 (Wright absent). , · , , , , H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO EXECUTE A FINAL DISPOSITION AGREEMENT (CO 92-020), FLOOD INSURANCE FUND DEPOSIT AGREEMENT (CO 92-021), AND FLOOD WALL CONSTRUCTION DEPOSIT AGREEMENT (CO 92-022) WITH CARYN DEVELOPMENT REGARDING BOND SALE FOR 88-2 DRAINAGE COMMUNITY FACILITIES DISTRICT (0602-01 CONTRACT) (0405-02 BOND/SALE) MOTION: Moved by Buquet, seconded by Alexander to continue Item Hi to April 15, 1992. Motion carried unanimously, 4-0-1 (Wright absent). , , , , , H2. CONSIDERATION OF PILOTADOPT-A-WALL (ANTI-GRAFFITI) PROGRAMAND APPLICABLE POLICY Staff report presented by Jerry Fulwood, Deputy City Manager. (0102-02 POLICY) (0704-07 VANDALISM) Mayor Stout opened the meeting for public comments. Addressing the City Council were: City Council Minutes April 1, 1992 Page 17 Cynthia Shelley, 7988 Henbane, stated she had read an article in the Los Angeles Times about Adopt-A-Wall, which gave her the idea of how to cut costs to have graffiti removed so that it would free up money to go towards something else. She stated she would like to keep Rancho Cucamonga clean. She stated they will take a small area first and then expand the program to go throughout the City. Liz Salazar, 7978 Henbane, designed T-Shirts to be worn while the people are removing the graffiti. She also presented a poster for advertising the program. Councilmember Williams stated she is impressed with the program and felt it would take off throughout the City. RESOLUTION NO. 92-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPLEMENTATION OF ANTI- GRAFFITI PROGRAM REFERRED TO AS RANCHO CUCAMONGA'S ADOPT-A- WALL PROGRAM MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-096. Motion carried unanimously, 4-0-1 (Wright absent). I. COUNCIL BUSINESS I1. UPDATE ON MOBILE HOME ORDINANCE AND AUTHORIZATION TO EXECUTE LETTER OF AUTHORIZATION (CO 92-097) WITH AGAJANIAN AND ASSOCIATES Staff report presented by Diane O'Neal, Management Analyst II. (0704-01 MOBILHOME) (0602-01 CONTRACT) MOTION: Moved by Buquet, seconded by Alexander to approve the agreement with an Ordinance to come back at the May 6, 1992 meeting. Motion carried unanimously, 4-0-1 (Wright). I2. DISCUSSION OF LIBRARY MASTER PLAN (1601-06 LIBRARY) Councilmember Williams stated that April 5 - April 11 is Library Week and that was why she brought this up. Linda Daniels, Deputy City Manager, gave a brief history of the development of the Master Plan. Mayor Stout opened the meeting for public comment. public comments were closed. There being no response, (2s) City Council Minutes April 1, 1992 Page 18 Councilmember Williams stated that at some point, the City needed to withdraw from the County system and set up a municipal system. Further discussion took place as to taxes that are paid into the County system and the service the City receives from them. Councilmember Williams felt the City needed to "grow up" and help to provide the service to the residents that they deserve. Councilmember Buquet felt it would be best not to totally withdraw from the County system, but to figure out the per capita tax that is being generated that is currently going to the County from Rancho Cucamonga, and then approach the County and tell them we want to put that money directly into services in Rancho Cucamonga, and that if they can't provide that amount of service, to turn the money back to the City and we will provide the service. He felt this would lead to an orderly transition. Mayor Stout stated he agreed with Councilmember Buquet's approach and then move on with other measures. He stated the City needs to know what the County's plans are for future services to Rancho Cucamonga. He felt it was time that the City run the Library itself. Councilmember Buquet agreed. Mayor Stout suggested the City Manager draft correspondence to the Library in accordance with the direction that the City wants a financial accounting and that we want to know what their plans are for provision of services in Rancho Cucamonga for the future, that the City wants to know if they plan on increasing the services to the amount of revenue collected from Rancho Cucamonga residents, and to let them know the Council will be discussing this further at its meeting of May 6 and needed their input by that date. Jackie Bolda suggested there be an assessment charge for a better library in order to help out. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Buquet announced the City Council would be getting a memo about today's Caltrans/Omnitrans meeting shortly. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes April 1, 1992 Page 19 L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Williams to adjourn. Motion carried unanimously, 4-0-1 (Wright absent). The meeting adjourned at 10:44 p.m. Respectfully submitted, CMC City Clerk Approved: May 6, 1992