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HomeMy WebLinkAbout1990/09/05 - Minutes September 5, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq A. CAT~T~ TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, September 5, 1990, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor Pro Tem Deborah N. Brown. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Pamela J. Wright, and Mayor Pro Tem Deborah N. Brown. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Shintu Bose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Dan James, Sr. Civil Engineer; Mike Olivier, Sr. Civil Engineer; Betty Miller, Associate Engineer; Brad Buller, City Planner; Otto Kroutil, Deputy City Planner; Larry Henderson, Principal Planner; Miki Bratt, Associate Planner; Tom Grahn, Assistant Planner; Anthea Hartig, Assistant Planner; Ingrid Blair, GIS Supervisor; Joe Schultz, Community Services Director; Jim Hart, Administrative Services Director; Jim Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Patty Riffel, Executive Assistant; Tony Russell, Records Clerk; Shirr'l Griffin, Records Clerk; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Mayor Dennis L. Stout. , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Recognizing Thomas Marich as "National Corrections Supervisor of the Year". Proclamation presented by Mayor Pro Tem Brown. , , , , , , City Council Minutes September 5, 1990 Page 2 (z) C. COMMUNICATIONS FROM THE PUBLIC Cl. Lewis Trout, 7861 Leucite, read a proclamation from the Sierra Club, San Gorgonio Chapter, supporting the completion of the North Etiwanda Specific Plan in Rancho Cucamonga. He also expressed his desire to be able to give his comments relative to item I9, that he could not be present at the October 3, 1990 meeting when it is being suggested to be continued to. C2. Mike Mitchell, 5271 Turquoise, Chamber of Commerce, requested the first reading of the Sprinkler Ordinance be continued to October 17, 1990. He stated he had just read the proposed Ordinance this date, and would like more time to study it before it goes before the City Council. Mayor Pro Tem Brown stated she understood this would be continued. , , , , , D. CONSENT CALENDAR D1. Approval of Minutes: July 18, 1990 (Wright absent) August 1, 1990 August 22, 1990 D2. Approval of Warrants, Register Nos. 8/8/90, 8/15/90, and 8/22/90 and Payroll ending 8/16/90 for the total amount of $4,199,264.04. D3. Approval of the advertising of the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Assessment Districts Numbers i and 5, to be funded by Account Numbers 40-4130-6027, 40- 4130-6028 and 44-4130-6027, 44-4130-6028 respectively. (0601-01 BID) RESOLUTION NO. 90-337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS NUMBERS 1 AND 5", · IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS ~D4. Approval of the advertising of the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for General Fund and Landscape Maintenance Assessment Districts 3a and 3b, to be funded by account numbers 01- 4647-6028, 42-4130-6027, 42-4130-6028 and 46-4130-6027, 46-4130-6028 respectively. (0601-01 BID) City Council Minutes September 5, 1990 Page 3 RESOLUTION NO. 90-338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR GENERAL FUND AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS 3A AND 3B", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of the advertising of the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for the Landscape Maintenance. Assessment Districts Numbers 2 and 4, to be funded by Account Numbers 41-4130- 6027, 41-4130-6028 and 43-4130-6027, 43-4130-6028 respectively. (0601-01 BID) RESOLUTION NO. 90-339 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS NUMBERS 2 AND 4," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to reject all bids for the Base Line Median, Phase I, located from Haven Avenue to Valencia Street. (0601-01 BID) D7. Approval of the establishment of Park and Recreation Commission Ad Hoc Advisory Committees. (0701-01 COMMITTEE) D8. Approval to destroy records which are no longer required as provided under Government Code Section 34090. (0304-00 REC MGMT) RESOLUTION NO. 90-340 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 D9. Approval of Parcel Map 11286, and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Parcel Map 11286, located on the east side of Milliken Avenue 600 feet north of Church Street, submitted by Lewis Development Company. (1002-09 MAP) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11286 (TENTATIVE PARCEL MAP NO. 11286) (3) (4) (s) (6) (7) City Council Minutes September 5, 1990 Page 4 (8) (9) (io) (ii) (i2) RESOLUTION NO. 90-342 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 PARCEL MAP 11286 D10. Approval of Parcel Map 12596 and Ordering the Annexation to Landscape Maintenance District No. 3°and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 12596, located at the northeast corner of Vineyard Avenue and Foothill Boulevard, submitted by OAS Investors. (1002-09 MAP) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 12596 (TENTATIVE PARCEL MAP NO. 12596) RESOLUTION NO. 90-344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 12596 Dll. Approval of Parcel Map 12781, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 12781, located at the southwest corner of Jersey Boulevard and Rochester Avenue, submitted by Stanton Jersey Partners. (1002-09 MAP) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 12781, (TENTATIVE PARCEL MAP NO. 12781) RESOLUTION NO. 90-346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 12781 City Council Minutes September 5, 1990 Page 5 D12. Approval to award and execute a Professional Services Agreement (CO 90- 135) for the preparation of traffic signal coordination timing plans for Foothill Boulevard to Herman Kimmel and Associates in the amount of $14,905.00 ($13,550.00 plus 10% contingency) to be funded from Redevelopment Agency, Account No. 16-503000. (0511-01 AWARD) (0602-01 CONTRACT) D13. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for CUP 88-46, located at the southwest corner of Base Line Road and Hellman Avenue submitted by Parkplace Cucamonga. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCPa4ONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL PERMIT USE NO. 88-46 RESOLUTION NO. 90-348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 6 FOR CUP 88-46 D14. Approval to execute Improvement Agreement, Improvement security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for DR 87-56, located on the southwest corner of Jersey Boulevard and Rochester Avenue, submitted by Stanton Jersey Partners, a California Limited Partnership. (0602-01 AGREE IMPR) (0401- 03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 87-56 RESOLUTION NO. 90-350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 87-56 D15. Approval to release Sewer and Water Bonds for Tract 13565 located on the northeast corner of Summit Avenue and Wardman-Bullock Road. (0602-01 BOND REL) Release: Faithful Performance Bond (Sewer) Faithful Performance Bond (Water) $333,000.00 $491,500.00 (is) (i7) City Council Minutes September 5, 1990 Page 6 (20) D16. Approval to Accept Improvements, Release of Bonds and Notice of Completion for Tract 13650 located on the southeast corner of Foothill Boulevard and Baker Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond $219,079.00 Accept: Maintenance Guarantee Bond $ 21,907.00 RESOLUTION NO. 90-351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13650 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Wright to approve the Consent Calendar. Motion carried unanimously, 4-0-1 (Stout absent). * * , , , "A' E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE REGULATING PUBLIC ENTRY AND OCCUPANCY OF POSTED CITY PROPERTY Duane Baker, Assistant to the City Manager, gave a brief update on this and stated this is the second reading of the Ordinance, and that staff recommends approval tonight. (0704-07 CODE ENFOR) Debra J. Adams, City Clerk, read the title of Ordinance No. 425. ORDINANCE NO. 425 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, REGULATING PUBLIC ENTRY AND OCCUPANCY OF POSTED CITY PROPERTY MOTION: Moved by Wright, seconded by Alexander to approve Ordinance No. 425. Motion carried unanimously, 4-0-1 (Stout absent). , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 90-01 - CITY OF RANCHO CUCANONGA - An ~endment to the Etiwanda Specific Plan pertaining to the proposed removal of existing Eucalyptus windrows as a result of the alignment of Summit Avenue west of Etiwanda Avenue and other street alignments. (Continued from August 15, 1990) Staff report presented by Otto Kroutil, Deputy City Planner. (0203-05 ETIW SP) City Council Minutes September 5, 1990 Page 7 Councilmember Wright asked why it would cost $1,600.00 for providing maintenance of the replacement trees. She questioned why some trees live and do not require extra water to survive. Otto Kroutil, Deputy City Planner, stated that some of the trees were older and did not need a lot of water. Be stated some trees got their water from the groves. He added the $1,600.00 per year amount was worked up by a formula, and that this was not the exact amount. Brad Buller, City Planner, added that with extra care for the trees, they would probably live a lot longer, and that since they are in the right-of-way, they needed the extra care. Mayor Pro Tem Brown opened the meeting for public hearing. Council was: Addressing the Larry Lewis, Watt Homes, stated they would like to save as many of the trees as possible. He stated the adjacent property owners also have a willingness to assist and cooperate. He stated if the Council wants him to replace the trees, he will do this and provide the irrigation, but he did not feel some of the surrounding property owners would want to have to pay for anything related to this. He suggested that on page 72, item B, if the Council considered this option, he would like to add a statement "or until the adjacent developer starts his construction, or if there is an existing home there, that they take over the maintenance". He did not feel he should have to be responsible for another developer if they are grading and cause damage to the trees or irrigation. There being no further response, the public hearing was closed. Councilmember Buquet stated there would be a lot of details that would need to be worked out with all the property owners. He stated if the details can't be worked out with Watt Industries, he suggested that rather than the City putting in replacement trees and setting up a maintenance program for that specific area, he felt it would be better to hold it until development comes in to include the tree replacement at that time. Councilmember Alexander stated he agreed. Councilmember Wright stated she felt some sort of agreement be required to be done now. Councilmember Alexander felt timing was the issue here. Councilmember Buquet stated he felt the costs to maintain the trees is very low. Councilmember Wright felt it should be required now and agreed with Councilmember Buquet as far as getting mature trees. Councilmember Wright felt the issue was should the trees be replaced immediately or perhaps on a timely basis as other development occurs. City Council Minutes September 5, 1990 Page 8 (zz) Otto Kroutil, Deputy City Planner, stated he felt the issue was should this developer replace the trees now or as soon as it is feasible, or by another developer that is adjacent to this property. Councilmember Buquet suggested if it couldn't be worked out with the current property owner, this should be handled through an in-lieu process. Mayor Pro Tem Brown stated she would like to see the trees be replaced as quickly as possible and for the City to get with the developer on this matter. Debra J. Adams read the title of Ordinance No. 424. ORDINANCE NO. 424 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 90-01, AMENDING FIGURE 5-13 OF THE ETIWANDA SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Buquet to waive full reading of Ordinance No. 424 and set second reading for September 19, 1990. Motion carried 3-1-1 (Wright voted no, Stout absent). F2. CONSIDERATION OF EXPRESS FINDINGS OF FACT FOR RESIDENTIAL AUTOMATIC FIRE SPRINKLERS BECAUSE OF LOCAL CONDITIONS - A resolution, when adopted, which will comply with the provision of the State of California Health and Safety Code Section 17958.7. (0807-01 CODE BLDG) MByor Pro Tem Brown suggested this be continued since the Mayor was not present, and she would not be present at the next Council meeting. She added there was also a request from the Chamber to continue the item. She asked that this come back in October, but would hear testimony of those that could not be present for the meeting the Council continues the item to. Councilmember Alexander stated his concern was that if this was continued, would there be a lot of people rushing in to take out permits before this is required. James Markman, City Attorney,'stated the whole process would take six weeks ~before it is approved once first reading occurs. Councilmember Buquet stated he would like to see the Chamber involved and felt they should be given the additional time to research this. Mayor Pro Tem Brown opened the meeting for public hearing and asked if there was anyone present tonight that would not be able to attend the meeting on October 17th. There was no response. City Council Minutes September 5, 1990 Page 9 RESOLUTION NO. 90-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CITY'S BUILDING CODE, AS ADOPTED BY ORDINANCE NO. 426 ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS CONSIDERATION OF AN ORDINANCE REOUIRING AUTOMATIC FIRE SPRINKLERS IN ALL RESIDENTIAL BUILDINGS AND CERTAIN RELATED ACCESSORY BUILDINGS (0807-01 CODE. BLDG) ORDINANCE NO. 426 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE STANDARDS NFPA 13D AND NFPA 13R, BOTH PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, REQUIRING THE INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN RESIDENTIAL OCCUPANCIES AND CERTAIN BUILDINGS ACCESSORY THERETO, WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTION TO SAID CODES MOTION: Moved by Wright, seconded by Buquet to continue the public hearing to the Council Chambers, located at 10500 Civic Center Drive, 7:00 p.m. on October 17, 1990. Motion carried unanimously, 4-0-1 (Stout absent). , , , , , F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14192 - HIX DEVELOPMENT - Appeal of the Planning Commission's decision to require the undergrounding of utilities and the construction of street and storm drainage improvements beyond the project boundaries for a residential subdivision of 65 single-family lots on 19.7 acres of land located south of 19th Street between Hellman Avenue and Amethyst Street in the Low Residential District - APN 202- 061-12, 14, 40 and 44. (0701-06 APPEAL) James Markman, City Attorney, asked if there was anyone from Hix Development to address this item. There was no response. James Markman, City Attorney, stated that for the record there was some correspondence, and that he spoke with R. Michael Joyce, Hix's attorney, this afternoon, who is requesting that this item be continued. He stated that on the basis that Hix requested this continuance, they have waived any time lines which would require a Council action prior to the date of continuance, including the (23) City Council Minutes September 5, 1990 Page 10 (24) time to conduct the hearing, any time under the subdivision map act. He wanted to make it very clear that this is a developer's request to move this matter in order to work out some of the problems with staff. With that in mind, he stated staff would recommend this item be continued to October 3, 1990. RESOLUTION NO. 90-353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A REQUEST TO DELETE FOUR CONDITIONS OF ' APPROVAL FOR TENTATIVE TRACT 14192 FOR A RESIDENTIAL SUBDIVISION OF 65 SINGLE FAMILY LOTS ON 19.7 ACRES OF LAND LOCATED SOUTH OF 19TH STREET BETWEEN HELLMAN AVENUE AND AMETHYST STREET IN THE LOW RESIDENTIALDISTRICTANDMAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wright to continue the item to October 3. Motion carried unanimously 4-0-1 (Stout). , , , , , F4. CONSIDERATION OF TIME EXTENSION FOR DESIGN REVIEW 88-03 - A.E. SMITH - An appeal of the Planning Commission's decision to add the standard school mitigation condition to the development of 20 apartment units on 1.08 acres of land in the Medium-High Residential District (14-24 dwelling units per acre), located at the end of Sierra Madre Avenue, west of Edwin Street - APN 207-251- 22. (0701-06 APPEAL) (0203-05 DES REV) RESOLUTION NO. 90-354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION FOR DESIGN REVIEW 88-03, AND DENYING THE APPEAL THEREOF, THE DEVELOPMENT OF 20 APARTMENT UNITS ON 1.08 ACHES OF LAND IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE), LOCATED AT THE END OF SIERRA MADRE AVENUE, WEST OF EDWIN STREET AND MAKING FINDINGS IN SUPPORT THEREOF Jack Lam, City Manager, stated there is a request by the applicant for the item to be removed from the agenda. , , , , , F5. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 89-03 - CITY OF RANCHQ CUCAMONGA - A request to amend the circulation element of the Industrial Specific Plan (Subarea 5) for the deletion of Seventh Street between Hermosa Avenue and Center Street - APN 209-261-09 and 30. Staff report presented by Tom Grahn, Assistant Planner. (0203-05 INDUS SP) Mayor Pro Tem Brown opened the meeting for public hearing. response, the public hearing was closed. There being no City Council Minutes September 5, 1990 Page 11 Debra J. Adams, City Clerk, read the title of Ordinance No. 427. ORDINANCE NO. 427 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 89-03, AMENDING FIGURE II-3 AND FIGURE IV-7, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buque~, seconded by Alexander to waive full reading of Ordinance No. 427 and set second reading to September 19, 1990. Motion carried unanimously, 4-0-1 (Stout absent). , , , , , , G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE RE-INSTATING PROVISIONS OF THE BROWN ACT RESCINDED BY THE STATE LEGISLATURE Staff report presented by Jack Lam, City Manager. (0701-06 LEG STATE) Mayor Pro Tem Brown opened the meeting for public hearing. Council were: Addressing the Jim Frost, City Treasurer, stated he liked the staff report by Duane Baker. He stated he did not agree with Section 3 because he felt the City Council should always listen to the people. He felt it was up to the City Council to let the people know they were interested in what the public has to say. Councilmember Alexander stated he agreed with what Jim Frost, City Treasurer, stated, but felt this Ordinance is a statement along with what he was saying. James Markman, City Attorney, stated this Ordinance is reinstating what the Brown Act says, and stated the City is putting in what the legislature took out. Councilmember Buquet brought up the fact that because of the Brown Act, it precludes the Council from acting on items under "Communications from the Public" on the night it is brought up at a Council meeting. Councilmember Brown stated that about a year ago the public had come forward and requested that the City Council add "Communications from the Public" an additional time on the agenda so that the residents would know that the City Council did want to hear from them, and that the Council did what was asked of them. Jacqueline Bolda, Caryn tract, commended what the City Council was doing by reinstating the Brown Act, and felt the City Council did welcome what the public had to say. There being no further response, the public hearing was closed. (26) City Council Minutes September 5, 1990 Page 12 Debra J. Adams, City Clerk, read the title of Ordinance No. 428. ORDINANCE NO. 428 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING NEW SECTIONS 2.12.030 AND 2.12,040 TO CHAPTER 2.12 OF TITLE 2 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, THEREBY REQUIRING POSTING OF AGENDAS AND PROVIDING OPPORTUNITIES FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL MOTION: Moved by Suquet, seconded by Alexander to waive full reading of Ordinance No. 428 and set second reading for September 19, 1990. Motion carried unanimously, 4-0-1 (Stout absent). , , , · , (27) H. CITY MANAGER'S STAFF REPORTS H1. REOUEST FROM MR. AND MRS. KATZ FOR FINAL INSPECTION AND RELEASE OF UTILITIES ON LOT 24, TRACT 13644 (0807-01 CODE BLDG) Rick Gomez, Community Development Director, stated Mr. and Mrs. Katz were present to ask the City Council to approve their request for final inspection and release of utilities on their home under construction. He stated staff feels there are a few possible homes to be released that would meet the City's requirements. He stated after Mr. and Mrs. Katz speak, they would like for the City Council to advise staff to work with the City Attorney's office to get more homes released. Councilmember Buquet stated he learned that Mr. and Mrs. Katz felt their house was going to be released in the original fifteen units to be released, but was disappointed that it was not. Mayor Pro Tem Brown opened the meeting for public input. Addressing the City Council were: Mrs. Katz had a diagram of the tract showing which homes had been released for move in. She stated that the developer will not finish her house until they know the City Council will release the home. Councilmember Wright asked if they would be happy to move in with the house not being finaled and all of the items not being corrected. Mrs. Katz stated she felt, per Jerry Grant, that the house was built well. Councilmember Buquet stated they would not be able to move into their house until it had a final inspection. City Council Minutes September 5, 1990 Page 13 Mrs. Katz stated all they were asking was that once their house is completed and got final inspection, that the City would release the house for them to move into. There being no further comments, the public input session was closed. Rick Gomez, Community Development Director, stated there are a few houses on Woodridge that are just about complete, and these are the homes they are asking for the City Council to give the release on. MOTION: Moved by Buquet, seconded by Brown for staff to work with the remaining houses on Woodridge that are near completion to try to move in as many people as possible that have gone through the City process. Councilmember Alexander stated he would go along with this, but asked the question as to where would the City stop at releasing houses. Motion carried unanimously, 4-0-1 (Stout absent). Mayor Pro Tem Brown called a recess at 8:34 p.m. The meeting was called back to order at 8:50 p.m. with all members of Council present (Stout absent). H2. CONSIDERATION OF ADOPTION OF WATER CONSERVATION RESOLUTION Staff report presented by Diane O'Neal, Management Analyst II. (1204-00 WATER) Mayor Pro Tem Brown opened the meeting for public input. response, the public input session was closed. There being no RESOLUTION NO. 90-355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, URGING ADOPTION OF CONSERVATION MEASURES TO MITIGATE THE EFFECTS OF THE 1990 CALIFORNIA DROUGHT MOTION: Moved by Wright, seconded by Buquet to approve Resolution No. 90-355. Motion carried unanimously, 4-0-1 (Stout absent). H3. REPORT ON IMPLEMENTATION OF FALSE ALARM ORDINANCE Staff report presented by Duane Baker, Assistant to the City Manager. (1301-03 ALARM SYS) Councilmember Wright asked for statistics comparing alarm calls of a year ago and now. City Council Minutes September 5, 1990 Page 14 (30) (31) Duane Baker, Assistant to the City Manager, stated he would get this information for her. Councilmember Buquet stated he felt the 70% reduction was excellent. Me added he felt the problem was the convenience stores. ACTION: Report received and filed. , , , , , , H4. CONSIDERATION OF LANDMARK DESIGNATION 90-02 - THE RED CHIEF MOTEL AND CAFE, LOCATED AT 8270 FOOTHILL BOULEVARD - A proposal to consider an application to deny a Landmark Designation for the Red Chief Motel and Cafe. Historic Preservation Commission also requests policy direction regarding a potential Landmark Designation for the Bear Gulch area which would include the Sycamore Inn, the significant trees, the Oso Bear statue and potential archaeological resources (the site of the proposed Sycamore Village project) but exclude the Red Chief Motel and Cafe - APN 207-101-17. Staff report presented by Anthea Hartig, Assistant Planner. (1402-06 HISTORY) Mayor Pro Tem Brown opened the meeting for public input. Addressing the City Council were: Richard Crane stated they want to do everything the City and Historic Preservation Commission wants them to do as far as preserving the Sycamore area as it is. He added he wants to be sure the grove is perpetuated for the next century to enjoy. Ken Hendrickson stated he felt the Sycamore was a very ordinary building, but did feel it was an important part of the City. He also felt the groves were very important and stated that he had planted one of the trees in 1939. He added he felt the grove should be perpetuated. Councilmember Alexander asked if they met the criteria to make this a landmark. James Markman, City Attorney, felt the criteria was there. Anthea Martig, Assistant Planner, added a designation could be worked out that had conditions on it. James Markman, City Attorney, stated that if the designation was made, he would legally'support it. Brad Buller, City Planner, stated that there would still be the review process by the Planning Con~nission whether it is made a landmark or not. Councilmember Wright stated she felt the Sycamore is a landmark because it is a part of the City's history. She felt the Commissioners would see to it that it is perpetuated, and would like to see it made a landmark by technicality. City Council Minutes September 5, 1990 Page 15 Mayor Pro Tem Brown clarified that the designation of a landmark would preserve this forever. Councilmember Buquet stated he felt this property was a treasure and would like to see everyone get in tune with what is to be done to this site. Councilmember Wright stated she liked the idea of the City making the designation, but with agreement by the property owners as to what is done there. She stated she would like for staff to work with the property owners and then have it come back to the City Council. Brad Bullet, City Planner, stated they needed 30 days. Councilmembers Wright and Buquet felt that was a long time and suggested all concerned get together and iron things out. Mr. Crane stated they have talked to staff as to what should be done at the site. He stated they want to move things along as quickly as possible. Brad Bullet, City Planner, stated they can bring back a report of the discussions at the next meeting. MOTION: Moved by Wright, seconded by Alexander to continue the Sycamore discussion to the September 19, 1990 meeting. Motion carried unanimously, 4-0- 1 (Stout absent). MOTION: Moved by Buquet, seconded by Alexander to support the Historic Preservation Commission's recommendation on the Red Chief Motel. Motion carried unanimously, 4-0-1 (Stout absent). H5. STATUS OF RECYCLING CENTERS IN SHOPPING CENTERS Staff report presented by Brad Bullet, City Planner, who stated there is a survey being done on the centers as to their adequacy, which should be completed near the end of the year. (1170-04 RECYCLE) ACTION: Report received and filed. H6. CONSIDERATION OF COUNTY REFERRAL 88-05 - UNIVERSITY CREST - Master Tentative Tracts, Final Development Plan Map, and various Tentative Tract Maps for 1,293 single family residential units, 6.3 acres of commercial, 4.56 acre park site, and 7.17 acre school site for University Crest Planned Development Proposal on 425.16 acres of land located north of Highland Avenue, south of utility corridor, east of Day Creek Channel, with portions west of Hanley Avenue (33) City Council Minutes September 5, 1990 Page 16 and portions west of Etiwanda Avenue within the City's Sphere of Influence. The proposal also includes the dedication as permanent open space of 675 acres located within the National Forest. Staff report by Miki Bratt, Associate Planner. (1503-01 SPHERE INF) (1504-00 CNTY SB) Mayor Pro Tem Brown stated her concern was how under the EIR, the Rock Crusher was addressed, as it relates to noise, traffic dust, etc. Mayor Pro Tem Brown opened the meeting for public input. Addressing the City Council were: Joe DiIorio, Caryn Company, stated he hoped this project would help stop the Rock Crusher. He also presented pictures of the project. He continued to point out things he disagreed with in the staff report which was in a letter that he provided copies of to Council. He concluded by saying he has not heard any objections from the people in the City about the Etiwanda North Specific Plan. He felt it would cost the City a lot of money to redo this. He stated he would like to see the City work with the County on this project. Lewis Trout, 7861 Leucite, invited Joe DiIorio for a hike on Saturday in this area. He felt it would further inform Mr. DiIorio and others about this area and how it relates to this project. Gary Kendrick, 7064 Selma, stated the hike on Labor Day was very informative. He felt the City needs to fight the County over this. Larry Henderson, Principal Planner, stated the entire Planning Commission has been on a tour of the Etiwanda North area. He added that the County is aware of seismic activity in this area. Councilmember Wright stated she hopes the City is pressing forward on ecological environmental impacts. She felt traffic issues were important, and felt the fact that the fault ran so close to a front yard or house concerned her. Brad Bullet, City Planner, stated that the County and the City see things very differently regarding this. Mayor Pro Tem Brown stated there are some areas that Just aren't buildable areas, and felt the County did not realize this. She asked if the County knows what the City's position is, and has this been put in a report. She also asked how theCounty was planning on serving this area if the City does not annex it. Brad Buller, City Planner, stated he would like for the subcommittee of Buquet and Stout to review the information that is going to the County. Councilmember Buquet stated he felt staff needs to keep conveying the City Council's concerns to the County. He stated he and Mayor Stout will work to get the County to let the City do the planning in this area. City Council Minutes September 5, 1990 Page 17 Councilmember Wright stated she felt Supervisor Jon Mikels should be fighting to get this area into the City of Rancho Cucamonga. She stated she felt the City needs to write Supervisor Mikels asking for his support of the City's position regarding this matter. Jim Frost, Zone One Flood Control Committee, suggested members of the City Council address any of their concerns relative to this Committee to them so they can give their input. Mayor Pro Tem Brown asked That Councilmember Wright's suggestion be included in a motion. Lewis Trout suggested that Congressman Jerry Lewis, and Senators Pete Wilson and Alan Cranston also be made aware of the City's position. Councilmember Wright felt that for now, she had faith in Supervisor Mikels' support that he would represent the City of Rancho Cucamonga, and did not feel it would need to go any further. MOTION: Moved by Wright, seconded by Alexander to direct staff to go to the September 20, 1990 County Planning Commission meeting to express support of the four issues as presented in the staff report and other issues as discussed by the Council, and to write a letter to Supervisor Mikels urging his support and urging his colleagues for the City's involvement in the planning of this particular land. Councilmembers Alexander and Buquet stated they felt uncomfortable with the confrontational mode the City is taking. Motion carried unanimously, 4-0-1 (Stout absent). Joe DiIorio, Caryn Company, stated he felt the City was closing the door to cooperation with the County by sending a letter to Supervisor Mikels asking for him to support the City's four points outlined in the staff report. Councilmember Wright stated she felt Mr. DiIorio was nailing the door shut. Joe DiIorio, Caryn Company, stated he just wants to do this thing right, and asked that the Council reconsider this action. Lewis Trout suggested that Mr. DiIorio sit down with the Chairman of the Geology Department at Chaffey College and with Professor Des Lauries to discuss this matter. H7. STATUS REPORT ON CENSUS RESULTS Staff report presented by Jack Lam, City Manager, who stated the City is working with the Census Bureau on this matter and will challenge the numbers given to the City. (1141-01 CENSUS) (34) City Council Minutes September 5, 1990 Page 18 (35) (36) (37) (38) (39) ACTION: Report received and filed. H8. GRADE SEPARATION AT FOOTHILL BOULEVARD AND SOUTHERN PACIFIC RAILROAD, COUNCIL DIRECTION TO PROCEED WITH FORMAL DESIGN FOR GRADE SEPARATION Staff report presented by Mike Olivier, Sr. Civil Engineer. (1110-10 BRIDGE PI) MOTION: Moved by Buquet, seconded by Alexander to approve staff's recommendation. Motion carried unanimously, 4-0-1 (Stout absent). I. COUNCIL BUSINESS 11. DISCUSSION OF BUS STOPS ON HAVEN AVENUE (Continued from August 15, 1990) Staff report presented by Paul Rougeau, Traffic Engineer. (1206-03 OMNITRANS) Councilmember Wright stated she appreciated staff's report. ACTION: The City Council concurred with staff's report. , , , , , I2. CONSIDERATION OF CONTRIBUTING $1,000.00 TO THE INLAND EMPIRE DESIGN INSTITUTE (0401-04 PAY AUTHOR) MOTION: Moved by Wright, seconded by Alexander to continue the item to October 3, 1990 so that the entire Council could be present to vote on this. , , , , , I3. DISCUSSION OF ENTERING INTO A CONTRACT WITH MCALLISTER DESIGN TO DEVELOP A GRAPHICS PACKAGE FOR RANCHO CUCAMONGA POLICE VEHICLES Staff report presented by Linda Daniels, Deputy City Manager. (0602-01 CONTRACT) MOTION: Moved by Alexander, seconded by Buquet to approve the contract with McAllister Design. Motion carried unanimously, 4-0-1 (Stout absent). , , , , , I4. DISCUSSION OF ENTERING INTO A CONTRACT WITH MCALLISTER DESIGN TO DEVELOP A GRAPHICS PACKAGE FOR A SEAL FOR THE CITY OF RANCHO CUCAMONGA Staff report presented by Linda Daniels, Deputy City Manager. (0602-01 CONTRACT) Councilmember Buquet questioned if it was really necessary to change the seal. MOTION: Moved by Alexander, seconded by Buquet to approve the contract with McAllister Design. Motion carried unanimously, 4-0-1 (Stout absent). , , , , , City Council Minutes September 5, 1990 Page 19 I5. CONSIDERATION OF A POLICY EXTENDING SALARY AND BENEFITS TO EMPLOYEES WHO ARE CALLED INTO ACTIVE MILITARY SERVICE AS A RESULT OF THE CONFLICT IN THE MIDDLE EAST (ORAL REPORT BY MAYOR STOUT) Staff report presented by Jim Hart, Administrative Services Director. (0502-04 SALARY) (0102-02 POLICY) MOTION: Moved by Buquet, seconded by Alexander to approve the policy. Motion carried unanimously, 4-0-1 (Stout absent). I6. DISCUSSION OF CONDUCTING COMMUNITY AWARENESS SEMINARS REGARDING GANGS AND DRUGS Staff report presented by Jack Lam, City Manager. (1402-03 COM PROG) Councilmember Buquet stated he has been approached by various parents asking for these types of programs to better inform them. MOTION: Moved by Buquet, seconded by Alexander to approve the conducting of community awareness seminars. Motion carried unanimously, 4-0-1 (Stout absent). I7. CONSIDERATION OF ADOPTING POLICY REGARDING USE OF CITY COUNCIL CHAMBERS, PLAZA CONFERENCE ROOM AND HAVEN CONFERENCE ROOM Staff report presented by Jack Lam, City Manager. (0102-02 POLICY) Mayor Pro Tem Brown stated she did not think there was a need for a policy, that she had faith in staff's judgment. She felt if the City Manager was uncertain about his decision, then it should come back to the City Council for their concurrence or recommendation. Councilmember Buquet felt there needed to be a policy. Councilmember Alexander concurred with Councilmember Buquet. Councilmember Wright stated she agreed with Mayor Pro Tem Brown. Jack Lam, City Manager, suggested that it be an administrative policy which he would follow instead of being a Council policy. ACTION: The Council concurred that this be an administrative policy to be followed. I8. DISCUSSION OF DATES AND ATTENDANCE OF SPECIAL COUNCIL MEETINGS WITH COMMISSIONS AND OTHER AGENCIES (0100-00 ADMIN) MOTION: Moved by Alexander, seconded by Buquet to continue the item to the September 19, 1990 meeting. Motion carried unanimously, 4-0-1 (Stout absent). (4o) (42) (43) City Council Minutes September 5, 1990 Page 20 (44) I9. DISCUSSION OF SCOPE OF ENVIRONMENTAL MANAGEMENT COMMISSION (Continue to October 3, 1990) (0701-01 COMMISSION) MOTION: Moved by Buquet, seconded by Brown to continue the item to the October 17, 1990 meeting. Motion carried unanimously, 4-0-1 (Stout absent). , , , , , J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Pro Tem Brown requested that at the October 3 meeting an item come back to consider a subcommittee of the City Council to interact with the Sports Council. , , , , , K. COMMUNICATIONS FROM THE PUBLIC NO communication was made from the public. , , , , , , L · ADJOURNMENT MOTION: Moved by Alexander, seconded by Buquet to adjourn to Executive Session to discuss personnel matters. Motion carried unanimously, 4-0-1 (Stout absent). The meeting adjourned at 11:45 p.m. It was announced at the conclusion of the Executive Session (12:05 a.m.) that the Council agreed to grant the City Manager a 6% merit increase. (0502-04 SALARY) City Clerk Approved: October 3, 1990