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HomeMy WebLinkAbout1989/07/05 - Minutes July 5, 1989 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. C7~T.T. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Tuesday, July 5, 1989, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:30 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: City Manager, Jack Lam; Deputy City Manager, Linda D. Daniels; Deputy City Manager, Jerry Fulwood; City Attorney, James Markman; Community Services Manager, Joe Schultz; Administrative Analyst, Diane O'Neal; and Deputy City Clerk, Debra J. Adams. Absent was Councilmember: Charles J. Buquet. , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation stating July as Parks and Recreation Month. Presentation was made to Joe Schultz, Community Services Manager. , , , B2. Presentation of Proclamation commending Bruce Emerick for his service on the Planning Commission. Presentation was made to Bruce Emerick who commended the City and the staff for what they have accomplished, and also thanked them for his presentation. , , , , , C. COMMUNICATIONS FROM THE PUBLIC Cl. George Bennet, 5167 Silvermountain Way (the Woods Development), stated he wanted to set up a meeting with the City Council and some of the residents from the Woods Development so that they could discuss some of their City Council Minutes July 5, 1989 Page 2 problems and concerns regarding their development. He stated there is a horse trail in their area that does not have a rain gutter system, and also stated they have had problems with the street cleaning services being conducted regularly and correctly by the City. He further complained about the inconsistency with the City Inspectors in there actions and decisions. He mentioned they have also had problems with the Sheriff°s Department, and would like the City to have their own police department. He specifically referred to the Cucamonga Canyon problem, stating he did not feel that the residents got any action from the Sheriff's Department on this problem. Mayor Stout suggested that this matter come before the City Council at their August 16, 1989 meeting, and further asked Mr. Bennet to please put his concerns in writing and address it to the City Council. C2. Cheryl Pearson, 9639 Whirlaway, stated that the City Council, of a couple of years ago, was going to conduct a study on opening horse trails. She asked if she could have the results of this study. Jack Lam, City Manager, stated that Brad Buller, City Planner, and Russ Maguire, City Engineer, could talk with her at the break or after the meeting and could answer her questions, but that if they could not answer her questions, the item could be put on a subsequent agenda. Ms. Pearson also stated her concerns about keeping motorcyclists off of the trails. D. CONSEN~ CaLENDaR (Items D17, D20, and D27 were removed from the Consent Calendar for discussion) D1. Approval of Minutes: May 3, 1989; May 17, 1989; June 7, 1989. D2. Approval of Warrants, Register Nos. 6/21/89 AND 6/28/89 and Payroll ending 6/22/89 for.the total amount of $8,478,948.62. D3. Approval to receive and file current Investment Schedule as of June 28, 1989. D4. Alcoholic Beverage Application for On Sale General Eating Place for The Cub, Kathy and Michael Hayes and Jolene Kirby, 8411 Foothill Boulevard. D5. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for the Sassy Steer, AleJandro and Ana Shimabukuro, 8030 Vineyard Avenue. D6. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Cherony's, Waddab Subhi Quadi, 9170 Haven Avenue #102. City Council Minutes July 5, 1989 Page 3 D7. Alcoholic Beverage Application for Off-Sale Beer & Wine, Malik M. and Mohammad Tabel, 9879-A Foothill Boulevard. D8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Sapphire Parkway Renovation and Retrofit (Banyan Street to north of Jennet Street) Improvement Project, to be funded from Beautification Funds, Account No. 21-4647-8723 (FY 88/89). (0601-01 BID) RESOLUTION NO. 89-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "SAPPHIRE PARKWAY RENOVATION AND RETROFIT" (BANYAN STREET TO NORTH OF JENNET STREET), IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D9. Approval to authorize the advertising of the "Notice Inviting Bids" for Traffic Signal and Safety Lighting at the intersections of Haven Avenue and 7th Street and Archibald Avenue and Lemon Avenue, to be funded from SB 325 T.D.A. Fund, Account Numbers 12-4637-8873 and 12-4637-8872, respectively (FY 89/90). (0601-01 BID) RESOLUTION NO. 89-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTIONS OF HAVEN AVENUE AND 7TH STREET AND ARCHIBALD AVENUE AND LEMON AVENUE", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D10. Approval to authorize the expenditure of redevelopment funds on certain public improvements associated with the development of a Sears Consolidated Credit Center. (0401-21 FUND APPRO) (0203-06 RDA) RESOLUTION NO. 89-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING A PROJECT BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO Dll. Approval to award and execute Professional Services Agreement (CO 89-103) with BSI Consultants, Incorporated to provide Park Construction Administration and Inspection services for a sum not to exceed $96,000.00 to be funded from Park Development Account No. 20-4532-8006 ($16,000), 8007 ($16,000), 8015 ($32,000), and 8611 ($32,000) for renovation of East Beryl and Lions Park and construction of Old Town Park (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT) (i) (2) (3) (4) City Council Minutes July 5, 1989 Page 4 (6) (7) (8) (9) (lo) (ii) (i2) D12. Approval to execute contract (CO 89-104) for Hillside Road, east of Hermosa Avenue, awarded to JEG Construction for the amount of $95,100.00 ($86,404.87 plus 10% contingency) to be funded from Fund 09, Gas Tax 2107 Account No. 09-4637-8813 (FY 89/90 - Awarded 6-7-89). (0602-01 CONTRACT) D13. Approval to execute contract (CO 89-105) for the Feron Boulevard Improvement Project, from Ramona Avenue to Hermosa Avenue, awarded to Laird Construction for the amount of $76,811.00 ($69,828.60 plus 10% contingency) to be funded from Community Development Block Grant Funds, Account No. 28-4333-8194 (FY 88/89 - Awarded 6-21-89). (0602-01 CONTRACT) D14. Approval to execute contract (CO 89-106) for the Sierra Madre and Placida Court Improvement Project located from Arrow Highway to Via Carrillo Drive awarded to Heritage Construction for the amount of $180,742.00 ($164,311.00 plus 10% contingency) to be funded from Community Development Block Grant Funds, Account No. 28-4333-8811 (FY 88/89 - Awarded 6-07-89). (0602-01 CONTRACT) D15. Approval to execute contract (CO 89-107) for the Blurry Seal Program 1988/89, Phase I, various street locations, awarded to Doug Martin Contracting Company for the amount of $134,524.00 ($131,385.00 plus 10% contingency) to be funded from Gas Tax 2107 Account No. 09-4637-8816 (FY 88/89) and the amount of $84,253.00 ($76,593.86 plus 10%) to be funded from Gas Tax 2107 (New Account) (FY 89/90) - Awarded 6-07-89. (0602-01 CONTRACT) D16. Approval to execute contract (CO 89-108) for the Old Town Park improvements with Martin J. Jaska, Incorporated for the amount of $911,181.00 plus 10% contingency, to be funded from Park Development Account No. 20-4532- 8611 and Community Block Grant Account No. 28-4333-8181 (FY 89/90 - Awarded 6- 21-89). (0602-01 CONTRACT) D17. Approval to execute contract (CO 89-109) with TeleQuestions, Incorporated in the amount of $15,000.00 for negotiation, agreement development and purchase of a telephone switch and voice and data cabling for the Civic Center and Public Safety Facility, including oversight and installation of same through cut-over. Funding one-half from Fund 01-4245-7044 and one-half from RDA 13-51700. ITEM REMOVED FOR DISCUSSION (0602-01 CONTRACT) D18. Approval of a one year extension of existing Traffic Signal Maintenance Contract (CO 87-086) with the adjustment of monthly service cost with Computer Service Company to be funded from Gas Tax, Account No. 09-4637-6028, Contract Services (FY 89/90). (0602-01 CONT AMEN) D19. Approval of a one year extension of existing Street Striping Contract (CO 87-07) with the adjustment of three price schedule categories, with Orange County Striping Service, Incorporated to be funded from Gas Tax, Account No. 09- 4637-6028, Contract Services (FY 89/90). (0602-01 CONT AMEN) D20. Approval of Map, Improvement Agreement, Improvement Security, Drainage and Maintenance Agreements, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District NoB. i and 6 for Parcel City Council Minutes July 5, 1989 Page 5 Map 11891 located on the south side of Arrow Route, north of the A.T. & S.F. railroad tracks and west of Rochester Avenue. ITEM REMOVED FOR DISCUSSION (1002-09 MAP) (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 89-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11891, (TENTATIVE PARCEL MAP NO. 11891), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 89-302 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 11891 D21. Approval of Improvement Agreement Extension for: Tract 12832, located on proPosed Day Creek Boulevard between Hiqhland Avenue and Victoria Park Lane, submitted bv The William Lyon Company (0602-01 AGREE EXTN) RESOLUTION NO. 89-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12832 (DAY CREEK BOULEVARD) Tract 13318, located on the southeast corner of Hermosa Avenue and Manzanita Drive, submitted bv Mavflower-Bavoun (0602-01 AGREE EXTN) RESOLUTION NO. 89-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13318 Parcel MaD 10185, located on the southwest corner of Hiqhland Avenue and Milliken Avenue, submitted bv William Lvon Company (0602-01 AGREE EXTN) RESOLUTION NO. 89-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10185 (z5) City Council Minutes July 5, 1989 Page 6 Tract 12650-4 Storm Drain, located on the southwest corner of Canistel Avenue and Deer Canyon Drive, submitted by The Deer Creek Company (0602-01 AGREE EXTN) RESOLUTION NO. 89-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12650-4 STORM DRAIN (19) Tract 13117, located on the east side of Haven Avenue between Banyan Street and Chaffer College submitted by Paragon Homes (0602-01 AGREE EXTN) RESOLUTION NO. 89-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13117 (20) D22. Approval of Improvement Agreement Extension for Tract Nos. 13279 Storm Drain; and 13279 Detention Basin; 13279 Victoria Park Lane; 13279 Streets, located on the south side of Highland Avenue, between Rochester Avenue and Milliken Avenue submitted by William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 89-308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 13279 STORM DRAIN; 13279 DETENTION BASIN; 13279 VICTORIA PARK LANE; 13279 STREETS D23. Approval to accept Improvements, Release of Bonds, and Notice of Completion for: DR 86-42 located on the north side of Arrow Hiuhwav between White Oak Avenue and Maple Place (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 62,000.00 RESOLUTION NO. 89-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 86-42 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes July 5, 1989 Page 7 DR 87-60, located on the west side of Red Oak Street, between Arrow Hiqhwav and Jersey Boulevard (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 69,000.00 RESOLUTION NO. 89-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-60 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13248 located on the south side of Hiqhland Avenue between Archibald Avenue and Hermosa Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 150,000.00 Accept: Maintenance Guarantee Bond (Street) $ 15,000.00 RESOLUTION NO. 89-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13248 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13060 located on the southwest corner of Milliken Avenue and Fairmont Way (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful. Performance Bond (Street) $ 480,000.00 Accept: Maintenance Guarantee Bond (Street) $ 48,000.00 RESOLUTION NO. 89-312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13060 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract Nos. 12590, 12590-2; and Tract Nos. 12590-3, and 12590-4 located on the northeast corner of Base Line Road and Valencia Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Tract 12590: Release: Faithful Performance Bond (Street) $ 133,000.00 Accept: Maintenance Guarantee Bond (Street) $ 13,300.00 (22) (23) (24) (25) City Council Minutes July 5, 1989 Page 8 Tract 12590-2: Release: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) Tract Nos. 12590-3 & -4: Release: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) RESOLUTION NO. 89-313 $ 18,000.00 $ 1,800.00 (26) D24. Approval to accept Improvements, Release of Maintenance Guarantee Bond for Tract 12490 located at 8167 Vineyard Avenue south of Foothill Boulevard. (0602- O1 BOND REL) Maintenance Guarantee Bond (Street) $ 2,310.00 (27) D25. Approval of the Environmental Initial Study, Parts I and II, for the proposed Hidden Farm Road Culvert, located 1100 feet east of Carnelian Street north of Hillside Road and issuance of a Categorical Exemption therefor. (1403- 06 EIS) RESOLUTION NO. 89-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED HIDDEN FARM ROAD CULVERT (28) D26. Approval of Environmental Assessment and Issuance of a Categorical Exemption for the proposed Sapphire Parkway Renovation and Trail Retrofit, ~ between Banyan Avenue to north of Jennet Street. (1404-08 TRAILS) RESOLUTION NO. 89-315 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED SAPPHIRE PARKWAY RENOVATION AND TRAIL RETROFIT $ 25,500.00 $ 2,550.00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 12590; 12590-2; 12590-3 AND 12590-4 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes July 5, 1989 Page 9 D27. Approval of Resolutions to deny Variance 89-04 and Minor Development Review 87-71, Commercial Carriers - A request to grade and pave approximately 12 acres of land and a request to reduce the parking setback from 25 feet to 8 feet and the landscape setback from 35 feet to 8 feet in the Minimum Impact/ Heavy Industrial District (Subarea 9), located on the south side of Jersey Boulevard, between Utica and Vincent Avenues - APN 209-143-07, 08, & 09. ITEM REMOVED FOR DISCUSSION (1002-02 VARIANCE) (1002-08 DEV REV) RESOLUTION NO. 89-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 89-04 TO REDUCE THE PARKING SETBACK FROM 25 FEET TO 8 FEET AND REDUCE THE LANDSCAPE SETBACK FROM 35 FEET TO 8 FEET FOR 12 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF JERSEY BOULEVARD BETWEEN UTICA AND VINCENT AVENUES IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9), AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-143- 07, 08, & 09 RESOLUTION NO. 89-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING MINOR DEVELOPMENT REVIEW NO 87-71, LOCATED AT 10807 JERSEY BOULEVARD IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) OF THE INDUSTRIAL SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-143-07, 08 & 09 D28. Approval to set Public Hearing for July 19, 1989 for Refuse Rate Adjustment. (1170-04 REFUSE) MOTION: Moved by Wright, seconded by Alexander to approve the Consent Calendar with the exception of Items D17, D20, and D27. Motion carried unanimously, 3- 0-2 (Brown and Buquet absent). DISCUSSION OF ITEM D17. Approval to execute contract (CO 89-109) with TeleQuestions, Incorporated in the amount of $15,000.00 for negotiation, agreement development and purchase of a telephone switch and voice and data cabling for the Civic Center and Public Safety Facility, including oversight and installation of same through cut-over. Funding one-half from Fund 01-4245-7044 and one-half from RDA 13-51700. Item pulled by: Mr. David Snow, 2448 So. Holmes, Ontario, California, who was also representing Butler Tech Communications. He asked the City Council if there could be a break down on materials and labor for this project to be able to compare it to the three top bidders. (29) (30) City Council Minutes July 5, 1989 Page 10 Mayor Stout referred this question to City Attorney Jim Markman. James Markman, City Attorney, stated this was an RFP situation and that the vendor had not been selected at this time. He stated there will be a negotiation between the consultant and staff. He suggested that Mr. Snow talk with Administrative Assistant Joan Kruse, of the City's Purchasing Department, regarding some of his questions. Mr. Markman further added that if Mr. Snow is one of the three included in the selection process, that staff will take the recommendation of the consultant who is to do the work. MOTION: Moved by Alexander, seconded by Wright to approve Item D17. Motion carried unanimously, 3-0-2 (Brown and Buquet absent). DISCUSSION OF ITEM D20. Approval of Map, Improvement Agreement, Improvement Security, Drainage and Maintenance Agreements, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 11891 located on the south side of Arrow Route, north of the A.T. & S.F. railroad tracks and west of Rochester Avenue. Jack Lam, City Manager, stated that the item was being pulled so that it could be acted on separately, because it was being recommended to the City Council to conditionally approve the project by withholding recordation of the map until the drainage and maintenance agreements have been approved by the City Attorney. RESOLUTION NO. 89-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11891, (TENTATIVE PARCEL MAP NO. 11891), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 89-302 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. i AND 6 FOR PARCEL MAP 11891 MOTION: Moved by Alexander, seconded by Wright to approve Item D20 as recommended by City Manager Jack Lam. Motion carried unanimously 3-0-2, (Brown and Buquet absent). DISCUSSION OF ITEM D27. Approval of Resolutions to deny Variance 89-04 and Minor Development Review 87-71, Commercial Carriers - A request to grade and pave approximately 12 acres of land and a request to reduce the parking setback from 25 feet to 8 feet and the landscape setback from 35 feet to 8 feet in the City Council Minutes July 5, 1989 Page 11 Minimum Impact/Heavy Industrial District (Subarea 9), located on the south side of Jersey Boulevard, between Utica and Vincent Avenues - APN 209-143-07 08, & 09. , Councilman Alexander stated that tonight the City Council had received new correspondence on this and felt it should be continued until the next meeting in order to allow Council time to read this new correspondence and consider it. Mayor Stout concurred with this suggestion. RESOLUTION NO. 89-316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO. 89-04 TO REDUCE THE PARKING SETBACK FROM 25 FEET TO 8 FEET AND REDUCE THE LANDSCApE SETBACK FROM 35 FEET TO 8 FEET FOR 12 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF JERSEY BOULEVARD BETWEEN UTICA AND VINCENT AVENUES IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9), AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-143- 07, 08, & 09 RESOLUTION NO. 89-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING MINOR DEVELOPMENT REVIEW NO 87-71, LOCATED AT 10807 JERSEY BOULEVARD IN THE MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBAREA 9) OF THE INDUSTRIAL SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF - APN 209-143-07, 08 & 09 MOTION: Moved by Alexander, seconded by Wright to continue Item D27 to July 19, 1989. Motion carried unanimously, 3-0-2 (Brown and Buquet absent). E. CONSENT ORDINANCES El. CONSIDERATION OF AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR PRIVATE STREET DESIGNATION AND EXEMPTION FROM STREET DEDICATION AND CONSTRUCTION REQUIREMENTS (1110-10 STREET) Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 58-C. ORDINANCE NO. 58-C (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION 12.08,055 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN EXEMPTION FOR PRIVATE STREETS FROM STREET DEDICATIONAND CONSTRUCTION REQUIREMENTS City Council Minutes July 5, 1989 Page 12 MOTION: Moved by Wright, seconded by Alexander to waive full reading and to approve Ordinance No. 58-C. Motion carried unanimously, 4-0-1 (Buquet absent). (32) E2. ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA - Various amendments to Title 16, the Subdivision Ordinance, regarding appeal periods, approval periods, and extensions. (1002-0-8 SUBDIVIS) Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 28-C. ORDINANCE NO. 28-C (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SUBDIVISIONS MOTION: Moved by Wright, seconded by Alexander to waive full reading and to approve Ordinance No. 28-C. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , (33) E3. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 89-02 - CITY OF RANCHO CUCAMONGA - An amendment to the land use definition of "Building Maintenance Services" to include small operation contractors which meet certain criteria. (0203-05 INDUS SP) Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 396. ORDINANCE NO. 396 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCMO CUCAMONGA, CALIFORNIA, AMENDING THE INDUSTRIAL SPECIFIC PLAN TO INCLUDE SMALL OPERATION BUILDING CONTRACTORS WHICH MEET CERTAIN CRITERIA IN THE LAND USE DEFINITION OF "BUILDING MAINTENANCE SERVICES" MOTION: MoVed by Wright, seconded by Alexander to waive full reading and to approve the Ordinance No. 396. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , , F. ADVERTISED PUBLIC HEARINGS (34) F1. CONSIDERATION OF AMENDING TITLE 12 OF THE RANCHO CUCANONGA MUNICIPAL CODE ALLOWING EXCLUSION OF THE CONSTRUCTION OF SIDEWALKS ON RESIDENTIAL STREETS Continued from June 21, 1989 meeting (1110-10 SIDWALK PI) City Council Minutes July 5, 1989 Page 13 Mayor Stout stated that he had asked for this Ordinance to come back for a first reading with the intent of the Ordinance added. He opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 58-D. ORDINANCE NO. 58-D (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ADDING SECTION 12.08.040(A) TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN EXEMPTION FROM THE CONSTRUCTION OF SIDEWALKS ON CERTAIN RESIDENTIAL STREETS MOTION: Moved by Alexander, seconded by Wright to waive full reading and set second reading of Ordinance No. 58-D for July 19, 1989. Motion carried unanimously, 4-0-1 (Buquet absent). G. PUBLIC HEARINGS G1. CONSIDERATION TO APPROVE RESOLUTIONS DECLARING RESULTS OF ELECTION, AUTHORIZING PRELIMINARY ISSUANCE OF BONDS, AND LEVYING ANNUAL SPECIAL TAX AND FIRST READING OF ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT 88-2 (0702-03 ELECTION) (0403-01 COM FAC DI) (0401-00 REV & TAX) Jack Lam, City Manager, stated that the election has taken place on this Community Facilities District since the last meeting, and that it is being recommended that the Resolutions and Ordinance be approved by the City Council. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilwoman Wright asked Warren Diven, Bond Counsel for this project, what was the maximum amount of property tax that could be raised under Proposition 13. Warren Diven, Bond Counsel, stated the maximum amount to be increased under Proposition 13 is 2%, but stated under this Community Facilities District the Council has the authority to increase the property taxes to 4% which included the law enforcement services. Mayor Stout asked if this could conceivably be more than 4%. Warren Diven, Bond Counsel, stated yes. City Council Minutes July 5, 1989 Page 14 (35) RESOLUTION NO. 89-318 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 TAX AND BOND AUTHORIZATION ELECTION MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-318. Councilwoman Wright asked for discussion on this matter, and further stated that what they were trying to do bothered her. She stated she felt that the Council is trying to approve something that is going beyond what the tax payers really want. She further added that the people that voted for this are not even the people that are going to be living in this area, and did not feel this was fair for the people that would be moving into this area, because they would not have a say in this matter. She felt this was the reason why the Council has not heard anyone opposing this, and stated that was why she would be voting no. Mayor Stout asked if there were increases would there be a public hearing to approve them. Warren Divert, Bond Counsel, stated that there would not necessarily have to be a public hearing unless the City Council wanted it done that way. He said each year the Council would have to levy the taxes for the coming year. Mayor Stout asked Councilwoman Wright if she would feel better about this if the increases were handled through a public hearing. Councilwoman Wright stated no. James Markman, City Attorney, stated when a first time home buyer goes to buy a house, that this property tax situation would be explained to them, which would be required by law. He further added that this may not be so with the second and third property owners. Councilwoman Brown stated her concern is not one assessment district fee, but the multiple fees that may go into place that would be incumbering the new residents moving in. Councilwoman Wright further added her concern was that the Council, by a 3-2 vote, could increase property taxes at any given time on top of all of the other taxes that people are already assessed for. She reiterated her concern for the 4% increase of taxes where Proposition 13 only allows for 2%, and stated again she feels this is where the Council is crossing the line. Councilman Alexander asked if there was a way to be able to reverse this decision that the Council was going to make. Warren Divert, Bond Counsel, stated that there are provisions to do this. City Council Minutes July 5, 1989 Page 15 MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-318. Motion carried unanimously, 4-0-1 (Buquet absent). Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 397. ORDINANCE NO. 397 (first 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 Wright, seconded by Brown to waive full reading of Ordinance No. 397. Motion carried unanimously, 4-0-1 (Buquet absent). MOTION: Moved by Alexander, seconded by Brown to set second reading of Ordinance No. 397 for July 19, 1989. Motion carried, 3-1-1 (Wright voted no, Buquet absent). RESOLUTION NO. 89-319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING PRELIMINARY ISSUANCE OF BONDS OF A COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 89-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX FOR A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Alexander, seconded by Brown to approve Resolution Nos. 89- 319 and 89-320. Motion carried, 3-1-1 (Wright voted no, Buquet absent). Councilwoman Brown stated her yes vote is for the annexation for outside the City limits, she did not approve it within the City limits. , , , , , H. CITY MANAGER'S STAFF REPORTS HI. PRESENTATION BY SANBAG STAFF REGARDING PROPOSAL FOR COUNTY-WIDE BALLOT MEASURE FOR TRANSPORTATION PURPOSES (Oral Report) (1206-06 TRANSPORT) Mayor Stout stated that it is being requested this item be continued to July 19, 1989, since the Resolution was not available for the City Council to consider. (36) (37) (37) (38) , , , , , City Council Minutes July 5, 1989 Page 16 (39) (4o) H2. CONSIDERATION OF ESTABLISHING PARK WATCH PROGRAM. - PARKS WATCH is a crime prevention program which enlists the active participation of citizens in cooperation with law enforcement to reduce crime within the City of Rancho Cucamonga. Continued from June 21, 1989 meeting. Staff report was presented by Jack Lam, City Manager. (1404-05 PARK) Councilwoman Brown asked if the telephone number for the Sheriff's Department could be added to the bottom of Page 206 in the Agenda packet. Mayor Stout opened the meeting for public comments. the public comments were closed. There being no response, MOTION: Moved by Brown, seconded by Alexander to authorize the expenditure of $5,000 for this program. Motion carried unanimously, 4-0-1 (Buquet absent). H3. CONSIDERATION OF NAME CHANGE FOR DON TAPIA PARK TO DON TIBURCIO TAPIA PARK. Staff report was presented by Joe Schultz, Community Services Manager. (1404-05 PARK) MOTION: Moved by Wright, seconded by Brown to change the name of Don Tapia Park to Don Tiburcio Tapia. Motion carried unanimously, 4-0-1 (Buquet absent). H4. ANNEXATION 89-03 - BLACKMON HOMES, INC. - A request to approve the Tax Revenue Exchange for the annexation proceedings (LAFCO 2547) between the County of San Bernardino and the City of Rancho Cucamonga for approximately 25 acres of vacant land located at the northeast corner of Highland and Rochester Avenues - APN 225-152-01, 02, 03, 04, and 18. Staff report was presented by Jack Lam, City Manager. (0702-02 ANNEXATION) Mayor Stout opened the meeting for public comments. There being no response, the public comments were closed. RESOLUTION NO. 89-321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN ANDAMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO NO. 2547 MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-321. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , City Council Minutes July 5, 1989 Page 17 I. COUNCIL BUSINESS I1. SOLID WASTE/RECYCLING UPDATE - Council Subcommittee for Solid Waste/Recycling recommends adopting a Resolution establishing waste reduction goals and endorsing a comprehensive solid waste reduction strategy; Subcommittee is also recommending establishing a local environmental quality/resource recovery committee. Staff report was presented by Diane O'Neal, Administrative Analyst. (1170-09 WASTE SOL) (1170-04 RECYCLE) Councilwoman Wright informed the City Council about the things she had learned at their recycling conference, and of the things she had been made aware of.. She also informed the City Council about the duties of the Technical Committee that the subcommittee was recommending. She added that this Technical Committee would be an ongoing committee that would be giving reports back to the City Council. Councilwoman Brown stated that it is a lot of work to do this, and that both the City Council and staff needs assistance to work on this program. Councilman Alexander felt this committee might be a substitution for the Citizens Advisory Commission. Councilwoman Brown felt the City Council should approve the concept to form the committee, and for staff to come back to the City Council after they have talked with the Advisory Commission and other commissions to see who would be interested in working on this program. Mayor Stout felt this would be something like a task force. Councilwomen Wright and Brown concurred. RESOLUTION NO. 89-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING WASTE REDUCTION GOALS AND ENDORSING A COMPREHENSIVE SOLID WASTE REDUCTION STRATEGY MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 89-322 and to establish the concept of the task force with this information coming back to the City Council at the July 19, 1989 meeting. Motion carried unanimously, 4-0-1 (Buquet absent). I2. DISCUSSION ON INITIATING A DEVELOPMENT CODE AMENDMENT TO ESTABLISH (43) STANDARDS FOR CAR WASHES (0203-03 DE AMEND) Brad Bullet, City Planner, stated at a Planning Commission meeting a month ago, the matter of car washes in neighborhood commercial centers was discussed by them for potential code amendments. During the discussion, the Commission (42) City Council Minutes July 5, 1989 Page 18 considered whether code amendments were necessary right now, or whether they would take it under advisement and direct staff to prepare a study for possible code amendments to address car washes in neighborhood commercial centers. He stated the Planning Commission took action at that meeting that it was important to study the matter, and asked this be placed on the work program, but in the interim they requested that a Memorandum of Understanding as to policies of car washes and the review of those car washes be worked up. The Planning Commission found car washes to be appropriate uses within neighborhood commercial centers, subject to a Conditional Use Permit. The Conditional Use Permit gives the Commission and the Councilsfull discretion of the review of those proposals to set any standards so the standards could be increased. He added it is still subject to the Conditional Use Permit with a Memorandum of Understanding, and will be going back to the Commission this month. Mayor Stout stated he thought, when this was discussed at the Council level, that Mr. Bullet indicated there could be a performance criteria developed that would eliminate this from occurring in certain types of shopping centers. He referred to the shopping center located on Lemon and Haven that seemed to be so small, in his estimation, it does not really qualify what was considered to be a neighborhood/commercial type center. He stated that when he hears the words "Conditional Use Permit" he always gets the impression that there are conditions that can be written for this particular type of use, that it is just a matter of finding out what they are, instead of saying in certain situations that it is just not appropriate. Brad Bullet, City Planner, stated it is still the direction of the Commission to do the study, and in the interim they would prepare the Memorandum of Understanding as far as policies for review under the Conditional Use Permit. Mayor Stout stated the problem is that there are probably only one or two situations where this is going to arise in the whole City, and if we do not do something about it now, 50% of those opportunities are going to be gone. Brad Buller, City Planner, stated the Commission did discuss that, but they said that the Conditional Use Permit process does give the Commission and Council the discretion to say no. Councilwoman Wright stated that as she understands it, the reason this was on the Council agenda is because the people had gone to the Planning Commission, but that the Commission stated they did not have time at the present to change this policy. The Developer has received another proposal for a car wash at Lemon and Haven, and in order for the Council to develop that criteria to apply to him, the Planning Commission has to do something now. She said that is the reason she had it brought on to this agenda so that the Council could instruct the Planning Commission to do something immediately. Mayor Stout stated the Developer has resubmitted, he is going to go back through the same process, and waste everybody's time again. He thought the Council had made it perfectly clear to the Developer that they were not real receptive to the use of that location. City Council Minutes July 5, 1989 Page 19 Councilwoman Wright stated the Developer is resubmitting and they are upset now. Brad Buller, City Planner, stated the Developer has resubmitted, and that the Planning Department can come up with some criteria, but that the Developer's proposal will probably beat the processing of the amendment by timing, because the amendment needs to go through both the Planning Commission Public Hearing, and City Council. Councilwoman Wright stated that Dan Coleman told the residents the other day that it would not. Brad Buller, City Planner, stated that it would be awfully close. James Markman, City Attorney, asked if Mr. Buller would do a full EIR? He stated that if the Planning Department had to do a full EIR, it would take a lot of time. Mayor Stout concurred. MOTION: Moved by Stout, seconded by Wright for staff to proceed with preparation of criteria for reviewing car washes within neighborhood commercial districts. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Stout stated he had asked for an update on the Morrow lawsuit at the last meeting, and that he had not received anything on this. James Markman, City Attorney, stated there was correspondence that had been written approximately three weeks prior to that request, and that the Council probably just had not received it yet. He further added this may be something the Council may want to discuss in Executive Session. Mayor Stout stated he would still like this to come back on the City Council Agenda, and if he felt it needed to be discussed in Executive Session, he would do so. J2. Councilwoman Brown stated she had two Resolutions pertaining to SANBAG to come back on the next agenda. , , , , · K. COMMUNICATIONS FROM THE PUBLIC K1. Cheryl Pearson, 9639 Whirlaway, stated she is in favor of the task force for the recycling issue, and felt the community was ready for this type of a program. She stated she was interested in serving on the committee. , , , , , , City Council Minutes July 5, 1989 Page 20 L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Wright to adjourn to July 11, 1989 at 7:00 p.m. at the Lions Park Community Center for a joint meeting of the City Council and School Districts. Mayor Stout stated he would like to add an item to that agenda titled "Recycling and Education Efforts". Motion carried unanimously, 4-0-1 (Buquet absent). Approved: August 2, 1989 Respectfully submitted, Deputy City Clerk