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HomeMy WebLinkAbout1989/06/21 - Minutes June 21, 1989 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, June 21, 1989, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:36 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles J. Buquet II (arrived at 9:45 p.m.), Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; Linda D. Daniels, Deputy City Manager; Jerry Fulwood, Deputy City Manager; Debra J. Adams, Deputy City Clerk; Andrew Arczynski, Assistant City Attorney; James C. Frost, City Treasurer; Brad Buller, City Planner; Otto Kroutil, Deputy City Planner; Dan Coleman, Senior Planner; Brett Horner, Assistant Planner; Russell Maguire, City Engineer; Shintu Bose, Senior Civil Engineer; Walt Stickney, Associate Civil Engineer; Jerry Grant, Building Official; and Joe Schultz, Community Services Manager. , , , · , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Beverly Authelet, City Clerk, wishing her good luck in the City of Chula Vista. B2. Presentation by Cucamonga County Water District. B3. A presentation was given to Elizabeth Stoddard for the Finance Department's Achievements. , * , * * C. COMMUNICATIONS FROM THE PUBLIC No communications were made. , , , , , D. CONSENT CALENDAR City Council Minutes June 21, 1989 Page 2 (i) (2) (3) (4) (5) (6) (7) D1. Approval of Warrants, Register Nos. 6/7/89 and 6/14/89 and Payroll ending 6/8/89 for the total amount of $2,143,037.71. D2. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Street Improvements from East Avenue to Etiwanda High School to be funded from Systems Development funds - Account No. 22-4637-8853 (FY 88/89 Budget Item). (0601-01 BID) RESOLUTION NO. 89-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "VICTORIA STREET IMPROVEMENTS FROM EAST AVENUE TO ETIWANDA HIGH SCHOOL", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval to authorize the advertising of the "Notice Inviting Bids" for Beryl and Lions Park improvements to be funded from Park Development Fund #20r 4532-8006 and the 1988 and 1989 Park Bond Act Fund #29-4532-8610 and 8810. (FY 88/89 Budget Item). (0601-01 BID) RESOLUTION NO. 89-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RENOVATION OF BERYL AND LIONS PARKS TO INCLUDE TENNIS COURTS AND OTHER RELATED IMPROVEMENTS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE AND RECEIVE BIDS D4. Approval of Memorandums of Understanding with employee groups for Fiscal Year 1989/90. (0502-02 PERSONNEL) D5. Approval of annual loan transaction between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. (0203-06 RDA) D6. Approval to purchase vehicle lifts and adapters from Sefac Lift and Equipment Corporation of Columbia,'Maryland, for the amount of $28,365.18 to be funded from Account Number 25-4285-7043. (FY 88/89 Budget Year) (0600-00 PURCHASE) D7. Approval to purchase electronic diagnostic engine analyzer form Sun Electric Corporation of Santa Ana, California, for the amount of $26,677.95 to be funded from Account Number 01-4647-7044 and I.G.S. (FY 88/89 Budget Year) (0600-00 PURCHASE) D8. Approval to award the Feron Boulevard Improvement Project from Ramona Avenue to Hermosa Avenue for the amount of $69,828.60, to be funded from CDBG funds - Account No. 28-4333-8194. (FY 88/89 Budget Year) (0511-01 AWARD) City Council Minutes June 21, 1989 Page 3 D9. Approval to award the Traffic Signals and Safety Lighting Improvement Project at the intersection Base Line Road and Ramona Avenue (Account No. 12- 4637-8826), Base Line Road and Valencia (Account No. 12-4637-8827), and Haven Avenue and Victoria Street (Account No. 12-4637-8832) for the amount of $179,605.00 to be funded with TDA Article 8 Funds. (0511-01 AWARD) D10. Approval to award the Old Town Park improvement project to Martin J. Jaska, Incorporated, for the amount of $912,252.00 plus 10% contingency to be funded from Park Development Fund No. 20-4532-8611 and Community Block Grant Funds Account No. 28-4333-8181. (FY 88/89 Budget Year) (0511-01 AWARD) Dll. Approval to award and execute a Professional Service Agreement (CO 89-092) for design services relating to the Beautification and Arts Study and Nexus to J.F. Davidson Associates, Incorporated for the amount of $37,000.00 to be funded from Beautification Funds, Account Number 21-4647-8871. (FY 88/89 Budget Year) (0511-01 AWARD) (0602-01 CONTRACT) D12. Approval of a Subordination Agreement (CO 89-093) for Parcel 1 of Parcel Map 3298, located on 10010 Almond Street, submitted by Wen-Da Hsu and Chang Li- Hua Hsu. (0602-01 AGREE SUB) (0602-01 CONTRACT) RESOLUTION NO. 89-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM WEN-DA HSU AND CHANG LI-HUA HSU AND AUTHORIZING THE RAYOR AND CITY CLERK TO SIGN SAME D13. Approval of Cooperative Agreement (CO 89-094) with Department of Transportation, State of California (CALTRANS) for the Improvements of State Route 66 (Foothill Boulevard) located between the Deer Creek Channel and Rochester Avenue, submitted by CALTRANS. (0602-01 AGREE COOP) (0602-01 CONTRACT) RESOLUTION NO. 89-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, STATE OF CALIFORNIA (CALTRANS) FOR IMPROVEMENTS OF STATE ROUTE 66 (FOOTHILL BOULEVARD) D14. Approval of 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 88-25, located on the south side of Sharon Circle, east of Hermosa Avenue, submitted by Indumar Investments, Incorporated. (0602-01 AGREE IMPR) (0702-02 ANNEXATION) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) (8) (9) (ii) (i2) City Council Minutes June 21, 1989 Page 4 (is) (i6) (i7) (i8) RESOLUTION NO. 89-275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 88- 25 RESOLUTION NO. 89-276 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 88-25 D15. Approval of Improvement Agreement and Improvement Security for Tract 13728, located on the northwest corner of Sapphire Street and Hillside Road, submitted by Hillside/Sapphire Venture. (0602-01 AGREE IMPR) RESOLUTION NO. 89-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R/~NCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY OF TRACT NO. 13728 D16. Approval of Improvement Agreement and Improvement Security for Tract 11734, located on the northwest corner of Vineyard Avenue and Arrow Highway, submitted by Lewis Homes of California. (0602-01 AGREE IMPR) RESOLUTION NO. 89-278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY OF TRACT NO. 11734 D17. Approval of Improvement Agreement Extension for Tract 13715 located on the northeast corner of Jennet Street and Exeter Court, submitted by Walton Construction Company. (0602-01 AGREE EXTN) RESOLUTION NO. 89-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13715 D18. Approval of Improvement Agreement Extension for 6809 Hellman Avenue located on the east side of Hellman Avenue, north of 19th Street, submitted by Laslo Vass. (0602-01 AGREE EXTN) City Council Minutes June 21, 1989 Page 5 RESOLUTION NO. 89-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 6809 HELLMAN AVENUE D19. Approval of Improvement Agreement Extension for Tract 13644, located on the southeast corner of Hermosa Avenue and Vista Grove Court, submitted by Woodridge Estates Limited. (0602-01 AGREE EXTN) RESOLUTION NO. 89-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13644 D20. Approval of Improvement Agreement Extension for DR 87-26, located on the southeast corner of Arrow Highway and Rochester Avenue, submitted by Watson Land Company. (0602-01 AGREE EXTN) RESOLUTION NO. 89-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 87-26 D21. Approval to accept Improvements, Release of Bonds, and file Notice of Completion for: DR 85-06, located on the north side of Arrow HiqhwaV between Haven Avenue and Center Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Faithful Performance Bond (Street) $ 318,190.00 RESOLUTION NO. 89-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 85-06 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DR 85-31, located on the northeast corner of Haven Avenue and 4th Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Faithful Performance Bond (Street) Faithful Performance Bond (Storm Drain) $ 156,000.00 $ 107,000.00 (20) (21) (22) City Council Minutes June 21, 1989 Page 6 (23) (24) (25) RESOLUTION NO. 89-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 85-31 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13058 located on the west side of Fairmont Way south of HiGhland Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 750,000.00 Accept: Maintenance Guarantee Bond (Street) $ 75,000.00 RESOLUTION NO. 89-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE Tracts 12650 and 12650-4 located on the southwest corner of Canistel Avenue and Deer Canyon Drive. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release (Tract 12650): Faithful Performance Bond (Street) $ 210,000.00 Accept (Tract 12650): Maintenance Guarantee Bond (Street) $ 21,000.00 Release (Tract 12650-4): Faithful Performance Bond (Street) $ 360,000.00 Accept (Tract 12650-4): Maintenance Guarantee Bond (Street) $ 36,000.00 RESOLUTION NO. 89-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NOS. 12650 AND 12650-4 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D22. Approval to accept Improvements and release Maintenance Guarantee Bond for Tract 12362 located on the south side of Base Line Road between Hellman Avenue and Lion Street. (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $ 16,000.00 City Council Minutes June 21, 1989 Page 7 D23. Approval to accept the Archibald Avenue Widening, from north of Highland Avenue to south of Lemon Avenue, Contract No. 88-162, as complete, release bonds and authorize the City Engineer to File a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 89-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ARCHIBALD AVENUE WIDENING, FROM NORTH OF HIGHLAND AVENUE TO SOUTH OF LEMON AVENUE, CONTRACT NO. 88-162, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D24. Approval to accept the Hillside Road Improvements and Storm Drain, from Malachite Avenue to Archibald Avenue, Contract No. 88-092, as complete, release bonds and authorize the City Engineer to File a "Notice of Completion". (0602- 01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 89-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE HILLSIDE ROAD AND STORM DRAIN, FROM MALACHITE AVENUE TO ARCHIBALD AVENUE, CONTRACT NO. 88-092, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to accept the Hellman Avenue Storm Drain, from the Southern Pacific Railroad Crossing to Monte Vista Street, Contract No. 88-164, as complete, release bonds and authorize the City Engineer to File a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 89-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE HELLMAN AVENUE STORM DRAIN, FROM THE SOUTHERN PACIFIC RAILROAD CROSSING TO MONTE VISTA STREET, CONTRACT NO. 88-164, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Brown to approve the Consent Calendar. Motion carried unanimously, 4-0-1 (Buquet absent). E. CONSENT ORDINANCES (26) (27) (28) No Items Submitted. City Council Minutes June 21, 1989 Page 8 (29) (3O) F. ADVERTISED PUBLIC MEARINGS F1. APPEAL OF PLANNING COMMISSION DECISION 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. Staff report presented by Otto Kroutil, Deputy City Planner. (0701-06 APPEAL) (1002-08 DEV REV) (1002-02 VARIANCE) Mayor Stout opened the meeting for public hearing. Addressing the Council were: Lloyd Shockley, Commercial Carriers, stated their biggest concern was giving up some of the parking area in front of their business and at the rear of the property. Mayor Stout asked if the number of trucks which were intended to be at their facility had increased. Mr. Shockley stated no. Councilman Alexander asked if it would be a problem to eliminate only the parking spaces in the front of the building. Mr. Shockley stated it would take away a lot of their parking spaces. Jim Barton, Barton Development, stated he was representing the property owners to the north of the appellant's property. He felt that Commercial Carriers should have to comply with City standards like everyone else does, and felt they should have to comply with what the City was asking them to do. Jim Roundtree, Barton Development Partner, felt the variance should be denied. He stated they have polled their tenants, and they felt Commercial Carriers should comply with the City's standards. He submitted a petition which the tenants had signed to be included as part of the record. Fred Beckwin, Ryder Trucking Company, stated back in 1985 the City required them to do certain things and they had complied with this. He gave history of the various appeals that have gone through the City, and felt they have always compromised with Rancho Cucamonga. He also submitted a plan to be included as part of the record. Dave Wadley, resident and tenant of the Business Park, stated the City Council should deny the appeal, because he felt the plan that had been established was a good one. City Council Minutes June 21, 1989 Page 9 Larry'McNiel, 7482 Alta Cuesta, felt there had been enough compromise and that the City would be losing if they compromised anymore. He felt the appeal should be denied. There being no further public response, Mayor Stout closed the public hearing. Councilman Alexander stated he felt that if this was an existing development, the City should not be able to make Commercial Carriers change things. He also felt this should be a quality looking development, but he did not agree with the Planning Commission's decision. Councilwoman Wright stated she supported the Planning Commission's decision. Councilwoman Brown stated she also agreed with the Planning Commission's decision. Mayor Stout stated he felt the Planning Commission was correct and supported them. MOTION: Moved by Wright, seconded by Brown to uphold the Planning Commission's decision and deny the appeal. Motion carried unanimously, 4-0-1 (Suquet absent)° Andrew Arczynski, Assistant City Attorney, stated a resolution would come back at the next meeting confirming this decision. F2. CONSIDERATION OF AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR PRIVATE STREET DESIGNATION AND EXEMPTION FROM STREET DEDICATION AND CONSTRUCTION REOUIREMENTS. Staff report presented by Walt Stickney, Associate Civil Engineer. (1110-00 STREET) Councilwoman Wright asked if a street is under County jurisdiction and improvements are made, who would be paying for this. Jack Lam, City Attorney, stated that when there is a private street and improvements are needed, it is because the residents want the City to make the improvements. Councilwoman Wright asked who's responsibility is it. Andrew Arczynski, Assistant City Attorney, stated the City has no liability if it is a private street, and that the City will only take it over after it becomes a public street. Mayor Stout opened the meeting for public hearing. Addressing the Council were: City Council Minutes June 21, 1989 Page 10 Vern Woodring, of Bella Vista and Sapphire, stated he signed the petition and concurred with staff's decision, except for the section of the Ordinance which stated that the sale price of such abandon and excess right-of-way will be $1 plus all costs of the transfer. He felt this should be removed. Greg Fontana, Bellavista, stated he would like to keep the street private. Councilman Alexander stated his concern was for the access of emergency vehicles. Paul Carney, Bella Vista, stated that when they recently had made improvements at his home, he had to give up approximately 9,000 square feet of land to the City in order to be able to make his improvements. He felt the exemption should be adopted. Elaine Carney, Bella Vista, felt the amendment should be approved also. Barbara Conrad, 1617 Bella Vista, felt the exemption should be approveS. There being no further public response, Mayor Stout closed the public hearing. Councilwoman Wright asked what the costs were to transfer property. Walt Stickney, Associate Civil Engineer, stated that $125 and the time to process the documents. Mayor Stout asked if there could be something put in the Ordinance to waive the fees. Andrew Arczynski, Assistant City Attorney, read the following to be included as part of the Ordinance: "Provided, however, that said costs of transfer may be waived by the City Council on a case-by-case basis." Debra J. Adams, Deputy City Clerk, read the title of Ordinance No. 58-C. ORDINANCE NO. 58-C (first 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 MOTION: Moved by Alexander, seconded by Brown to waive full reading and set seconded reading for the July 5th meeting with the changes as submitted by Andrew Arczynski, Assistant City Attorney. Motion carried unanimously 4-0-1, (Buquet absent). City Council Minutes June 21, 1989 Page 11 F3. 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. Staff report presented by Dan Coleman, Senior Planner. (1002-08 SUBDIVIS) Dan Coleman, Senior Planner, stated the Planning Commission has recommended approval. Mayor Stout 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. 28-C. ORDINANCE NO. 28-C (first 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 Alexander, seconded by Brown to waive full reading and set second reading for July 5th. Motion carried unanimously 4-0-1 (Buquet absent). Mayor Stout called a recess at 9:06 p.m. The meeting reconvened at 9:25 p.m. with all members of Council present (Suquet absent). F4. 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. Staff report was presented by Brett Horner, Assistant Planner. (0203-05 INDUS SP) Mayor Stout 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. 396. ORDINANCE NO. 396 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO 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" (33) City Council Minutes June 21, 1989 Page 12 (34) (3s) (36) (37) MOTION: Moved by Alexander, seconded by Brown to waive full reading and set second reading for July 5th. Motion carried unanimously, 4-0-1 (Buquet absent). , , , , , F5. CONSIDERATION OF AMENDING TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ALLOWING EXCLUSION OF THE CONSTRUCTION OF SIDEWALKS ON RESIDENTIAL STREETS. Staff report presented by Walt Stickney, Associate Civil Engineer. (1110-10 SIDEWALK PI) Mayor Stout asked for the intention of this Ordinance to be added and to continue the first reading until all appropriate language was added to the Ordinance. ORDINANCE NO. 58-D (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 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 Brown to continue the first reading to July 5th with the intention included in the Ordinance. Motion carried unanimously, 4-0-1 (Buquet absent). F6. CONSIDERATION TO APPROVE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT (85PD). (0401-03 PARK AD) (0401-00 REV & TAX) F7. CONSIDERATION TO APPROVE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5 & 6 FOR FISCAL YEAR 1989/90. (0401-00 REV & TAX) (0401-03 ST LT MD) F8. CONSIDERATION TO APPROVE ANNUAL ENGINEER'S REPORTS AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5 & 6 FOR FISCAL YEAR 1989/90. (0401-00 REV & TAX) (0401-03 LNSCAPE MD) Staff report for Items F6, FT, and F8 were presented by Jerry Fulwood, Deputy City Manager. , , , , , Councilman Buquet arrived at 9:45 p.m. Mayor Stout opened the meeting for public hearing. public hearing was closed. There being no response, the City Council Minutes June 21, 1989 Page 13 Mayor Stout felt there should be a conscious effort to get some of the areas that needed landscape maintenance improvements taken care of. Jerry Fulwood, Deputy City Manager, stated staff would do this and report back to the City Council. Councilwoman Brown stated she was under the impression that the entry monuments were paid by beautification fees. Councilwoman Wright stated she was also under this impression and that the entire City Council had been led to believe this. Councilwoman Brown stated she did not feel that Landscape Maintenance District No. 1 should have to be the only district to pay for cost of the monuments, that it should be shared straight across the board. Mayor Stout asked if the $120,000 could be put on hold for the entry monuments, and to be possibly used for something else. Jerry Fulwood, Deputy City Manager, stated yes, that City Council could direct staff to use those dollars for capital improvements, but that staff could come back to the City Council before any of the dollars are spent. Mayor Stout asked if the decision could be made at the time staff brings the information back to them, and that the City Council is not committing these dollars to this project. Jerry Fulwood, Deputy City Manager, stated they are committing the dollars to be spent, but that Council would have to give direction as to where they wanted the money spent. Andrew Arczynski, Assistant City Attorney, stated that what the Council is really approving is the levy to generate the revenue, that the actual expenditure would not occur until later. Councilman Buquet stated that something he would like to see is a break down of what the anticipated revenues from the beautification funds would be. He thought that maybe consideration of a proportionate cost sharing, for the sake of equity, that the assessment district could participate in and that would not be a significate chunk, and yet would still be something that is equitable. He suggested that maybe this item could be brought back. RESOLUTION NO. 89-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARKAND RECREATION IMPROVEMENT DISTRICT 85PD (HERITAGE AND RED HILL COMMUNITY PARKS) City Council Minutes June 21, 1989 Page 14 RESOLUTION NO. 89-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5 & 6 FOR FISCAL YEAR 1989/90 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 IN CONNECTION WITH STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5&6 RESOLUTION NO. 89-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5 & 6 FOR FISCAL YEAR 1989/90 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5 & 6 MOTION: Moved by Alexander, seconded by Buquet to approve Resolution Nos. 89- 291, 89-292 and 89-293. Motion carried unanimously, 5-0. F9. CONSIDERATION TO FORM COMMUNITY FACILITIES DISTRICT NO. 88-2, AUTHORIZING THE LEVY OF A SPECIAL TAX, AUTHORIZATION TO FINANCE CERTAIN CAPITAL FACILITIES, AND ESTABLISHING POLICY ON ANNEXATION OF ALL FUTURE DEVELOPMENT INTO THE LAW ENFORCEMENT PORTION OF THE DISTRICT. (Continued from June 7, 1989 meeting) Staff report presented by Jerry Fulwood, Deputy City Manager. (0403-01COM FAC DI) (0401-00 REV & TAX) (0702-02 ANNEXATION) (1301-00 SHERIFF) Jerry Fulwood, Deputy City Manager, introduced Mr. Warren Diven, who is the Bond Counsel for this project. Mr. Diven referred to the Community Facilities District report which was part of the agenda packet. He also noted that there was a change in the election date which was noted in Resolution No. 89-262. The corrected date should be June 27th instead of June 13th. Mr. Diven introduced Loretta Sanchez, who also presented information on this project. Mayor Stout opened the meeting for public hearing. Addressing Council was: James Frost, City Treasurer, stated that in the recommendation of the staff report, it is suggesting that the City Council adopt the policy that all future development within the City of Rancho Cucamonga be conditioned to annex to the law enforcement portion of the district. He asked if all new development would be paying its own way for law enforcement services, as opposed to the rest of the City that does not. City Council Minutes June 21, 1989 Page 15 Mayor Stout responded yes that all new developed areas would be responsible for paying for their own law enforcement. Councilwoman Wright asked for further clarification of this, as far as newly developed land in an area being responsible for law enforcement services. Jerry Fulwood, Deputy City Manager, stated that as this district forms, there are three tracts of vacant land and that other undeveloped properties in this City, as maps are recorded, they would be conditioned to be a part of the police community facilities district. He stated they will be paying their fare share of the police costs. Councilwoman Wright suggested that possibly the law enforcement portion of this should be handled in another public hearing. Councilwoman Brown stated she had a problem with raising the taxes in an assessment district by a majority vote of the City Council, and instead thought it should be by a vote of the people. Mr. Lam stated that the issue of additional taxes for law enforcement was not something that Mr. Fulwood had thought up. Mayor Stout stated we are going to have to figure out a way to pay for general fund types of services, and felt that the law enforcement issue relating to this should be a separate issue. He stated that the City Council should go ahead with voting on this, but discuss the other matter of law enforcement at another meeting date. RESOLUTION NO. 89-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED VOTERS OF A COMMUNITY FACILITIES DISTRICT THE PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICTAND GIVING NOTICE THEREON, AND ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING AN ELECTION RESOLUTION NO. 89-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS (38) City Council Minutes June 21, 1989 Page 16 (39) RESOLUTION NO. 89-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE RESOLUTION OF INTENTION AND PROCEEDINGS RELATING TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 89-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN PRELIMINARY FINDINGS AND PASSING UPON PROTESTS MOTION: Moved by Alexander, seconded by Stout to approve Resolution Nos. 89- 262, 89-263, 89-264, 89-265. Motion carried unanimously, 5-0. F10. ORDERING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 7 FOR TENTATIVE TRACT 13556-1 AND -3, LOCATED SOUTH OF 24TH STREET, WEST OF CHERRY AVENUE. Staff report presented by Shintu Bose, Senior Civil Engineer. (0401- 03 LNSCAPE MD) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 89-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND ACCEPTING THE FINAL ENGINEER'S REPORT MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 89-290. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS G1. APPEAL OF NOTICE AND ORDER OF BUILDING OFFICIAL - DANGEROUS BUILDING - 9768 CENTER. - An appeal hearing before the City Council, acting as the Board of Appeals, requested by the owner of property located north of Foothill Boulevard on the east side of Center Street, requesting that the Notice and Order of the Building Official for Abatement of a Dangerous Building, at that location, be set aside or modified. (Continued from June 7, 1989 meeting - Since that date, the building has been abated.) (0701-06 APPEAL) (1002-06 D PROPERTY) City Council Minutes June 21, 1989 Page 17 Jerry Grant, Building Official, stated since the building has been abated, he suggested that it be removed from the agenda. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF CONCEPT FOR A XERISCAPE ORDINANCE. presented by Dan Coleman, Senior Planner. (1204-00 WATER) Staff report Councilman Alexander stated he wanted to make sure that the recommendations of consultants are considered in this Ordinance. Councilwoman Wright asked if the Cucamonga County Water District would be involved in this. Dan Coleman, Senior Planner, stated yes. Brad Buller, City Planner, stated that Jaymie Foote and George Blanchard from Cucamonga County Water District have read the report and are in concurrence with it. Councilman Buquet stated he liked the direction they were going with this and felt they should proceed. ACTION: Proceed with Ordinance preparation. 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. (1404-05 PARK) Jack Lam, City Manager, stated staff recommends this item be continued to the July 5th meeting so that the actual program information can be distributed to the City Council for their review prior to their discussion of this item. ACTION: Continue to July 5th meeting. H3. STATUS REPORT ON THE ISSUE OF SIDEWALK IMPROVEMENTS IN CONJUNCTION WITH DEVELOPMENT OF DON TAPIA PARK (CREEKSIDE PARK) - Regarding improvement of sidewalks on Valle Vista and Alta Cuesta Drives with development of Don Tapia Park. Staff report presented by Joe Schultz, Community Services Manager. (1404-06 PK DEVEL) (1110-10 SIDEWALK PI) Councilwoman Wright stated she felt the idea of the sidewalks was a good one, but because of the cost, she felt that was a problem. (42) (43) (44) City Council Minutes June 21, 1989 Page 18 (46) Councilman Buquet felt there should be a sidewalk, but that options for paying for it should be checked out. The City Council asked Joe Schultz, Community Services Manager, if the staff has checked into getting a sidewalk grant. Russ Maguire, City Engineer, added this could be investigated. Councilman Alexander asked if a "rural look" for a sidewalk could be looked into which might cost less. Jack Lam, City Manager, added that an asphalt sidewalk was a possibility also. Councilman Alexander felt that this be held off until more investigation was done. ACTION: No action taken at this time until further information can be given to the City Council. H4. PRESERVATION OF HISTORIC GRAPE VINEYARDS. Staff report presented by Joe Schultz, Community Services Manager. (0203-05 HISTORY) Mayor Stout stated it would be a good idea to take samples from all of the vineyards and plant them in a general area as a landmark. Joe Schultz, Community Services Manager, stated he would check into this with the Historical Society. ACTION: Staff to continue with the preservation of significate historical plant material. H5. PRESERVATION OF THE EXISTING RAILROAD RIGHT-OF-WAYS FOR ALTERNATIVE CIRCULATION CORRIDORS. (1110-09. RAILROAD) Councilwoman Brown stated that all the cities that have the railway running through them are making a statement about the railroad right-of-way, and that she would be taking a copy of this Resolution, if approved, to her next meeting regarding the subject. RESOLUTION NO. 89-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE PRESERVATION OF THE EXISTING RAILROAD RIGHT-OF-WAYS FOR ALTERNATIVE CIRCULATION CORRIDORS City Council Minutes June 21, 1989 Page 19 MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 89-294. Motion carried unanimously, 5-0. H6. CONSIDERATION OF INCLUDING AN INDEPENDENT STUDY OF LAW ENFORCEMENT OPTIONS IN FY 1989/90 BUDGET. Staff report presented by Jack Lam, City Manager. (1301- O0 SHERIFF) Mayor Stout asked Captain Gilmore, Sheriff's Department, if he had a discussion with the Sheriff regarding the study. Captain Gilmore, Sheriff's Department, stated he has and that the Sheriff has no problem with the study being conducted. Mayor Stout stated the intent of this is to have a model of law enforcement on a long term basis. He felt the study needs to be done to determine what law enforcement needs are for the City of Rancho Cucamonga. Jim Bookout, 5961 Layton Street, felt $60,000.00 was a lot of money. He stated that the California Peace Officers Standards and Training Post would do a study for nothing. Mayor Stout stated the City would not be the lead agency on this, because they are not a member of the POST and that the Sheriff is a member of this organization, which might be a conflict. Councilman Buquet felt that different avenues needed to be investigated and felt it was a lot of money, and that something could be done without paying this much through POST. Mr. Bookout asked if insurance costs was included in this. Mayor Stout asked Jerry Fulwood, Deputy City Manager, if the City has included this cost. Jerry Fulwood, Deputy City Manager, stated yes. Councilman Buquet stated he liked the possibility of using POST, and would like it to be checked out with more definite cost information provided. Councilwoman Brown stated she felt the City needed to set standards for what they wanted in terms of law enforcement. She felt the study needed to take place. Councilwoman Wright had no problem with this being included in the budget. Councilman Alexander felt POST should be checked out for their participation, but felt the study should take place. ACTION: To be included in the budget. (47) City Council Minutes June 21, 1989 Page 20 (48) (49) (so) I. COUNCIL BUSINESS I1. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION. (Oral Report) (0701-01 APOINT PC) Councilwoman Wright stated that the caliber of the applicants was excellent. She further stated that the subcommittee was recommending Betsy Weinberger be appointed as the new Planning Commissioner. MOTION: Moved by Stout, seconded by Brown to appoint Betsy Weinberger. Motion carried unanimously 5-0. I2. CONSIDERATION OF APPOINTMENT TO FILL THE UNEXPIRED TERM OF CITY CLERK. (Oral Report) (0701-01 APOINT CLK) Jack Lam, City Manager, stated that with the resignation of Beverly A. Authelet that he is recommending the Deputy City Clerk be appointed to the position of City Clerk. MOTION: Moved by Stout, seconded by Alexander to appoint Debra J. Adams to the position of City Clerk. Motion carried unanimously 5-0. I3. DISCUSSION OF SOIL CONSERVATION AND THE PLANNING PROCESS. (Oral Report by Chuck Buquet) (1403-00 ENVIRON) Councilman Buquet stated he would request that this item be continued until another meeting, and that he would bring it back when he was ready to present the information. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING Mayor Stout stated he would like an update on the Morrow lawsuit. Andrew Arczynski, Assistant City Attorney, stated he could do this in Executive Session for a partial update and provide the City Council with a memorandum by the end of the week for the full status. Mayor Stout stated that was fine and that it did not need to be agendized for the next meeting. City Council Minutes June 21, 1989 Page 21 K. COMMUNICATIONS FROM THE PUBLIC K1. Catherine Bridge, 8715 Banyan, who thanked Councilwoman Wright for bringing up the monument cost situation. She also pointed out that Mayor Stout had made a comment that residents are not aware of what their assessment bills include. She stated that she is an exception to that, and that is what got her started in government against the County. She also stated she was glad to see that Jerry Fulwood, Deputy City Manager, was paying attention to the assessment districts. She also added she felt that some people cannot afford to pay for sidewalks and hope that something could be worked out so that these people could get them° , , , , , L. ADJO~NT MOTION: Moved by Brown, seconded by Buquet to adjourn to Executive Session to discuss personnel matters and the Edwards Cinema case. They adjourned to the Executive Session at 12:00 midnight. The Council reconvened at 12:40 a.m. and directed the City Attorney to file an appeal regarding the Edwards Cinema case. Motion carried unanimously, 5-0. The meeting adjourned at 12:45 a.m. to the June 29, 1989 meeting to adopt the City's budget. Respectfully submitted, Deputy City Clerk Approved: July 19, 1989