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HomeMy WebLinkAbout1989/02/15 - Minutes February 15, 1989 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ A. CAT.v. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, February 15, 1989, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:35 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles J. Buquet II, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, Acting Manger; Beverly A. Authelet, City Clerk; James Markman, City Attorney; Brad Buller, City Planner; Russell Maguire, City Engineer; Jim Hart, Administrative Services Director; Jerry Fulwood, Resource Services Director; Joe Schultz, Community Services Manager; Elizabeth Stoddard, Finance Manager; Miki Bratt, Associate Planner; Bill Silva, Deputy City Engineer; Paul Rougeau, Senior Civil Engineer; Larry Henderson, Senior Planner; Dan Coleman, Senior Planner; Arlene Banks, Associate Planner; Richard Alcorn, Code Representative Supervisor; Diane O'Neal, Administrative Analyst; and Susan Mickey, Administrative Aide. , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Ten-Year Service Pins to Paul Rougeau, Senior Civil Engineer, and Monte Prescher, Public Works Engineer. D2. Presentation of cha~k to 3unrizc Rotar~ Club for pe:tlci~ating in the City's Voluntar~ Residentlal RecyclinG pLo~f~. Jack Lain, Acting City Manager, requested that Item B2 be removed from the agenda, and postponed to another meeting. , , , , , B3. James Markman, City Attorney, stated there was a decision regarding the Rock Crusher, and requested a four-fifths vote of Council to add to the agenda for discussion. (0703-01 LITIGATION) MOTION: Moved by Stout, seconded by Buquet, to add the item to the agenda for consideration. Motion carried unanimously, 5-0. City Council Minutes February 15, 1989 Page 2 (2) (3) (4) (s) (6) (7) James Markman, City Attorney, suggested a motion of the Council to direct the legal staff to pursue petition for re-hearing on the decision rendered by the Court of Appeals, and if that is not successful, to take the matter to the California Supreme Court. MOTION: Moved by Buquet, seconded by Brown, to authorize the City Attorney to do the above. Motion carried unanimously, 5-0. C. CONSENT CALENDAR Cl. Approval of Warrants, Register No's. 02/01/89 and 02/08/89 and Payroll ending 01/29/89 for the total amount of $1,712,582.10. C2. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Soup Plantation, Brooke & Mack, Inc., 8916 Foothill Blvd., Suite A. C3. Approval of 1988-89 Mid-Year Budgetary Adjustments. (0205-01 BUDGET) C4. Approval to execute documents (CO 89-030) to grant G.T.E. all rights, title, and interest in telephone facilities located in Lion Street south of Ninth Street. (0602-01 CONTRACT) (1601-04 CITY FAC) C5. Approval to execute contract (CO 89-031) for the 19th Street and Haven Avenue Intersection Improvement project awarded to Powell Constructors for the amount of $520,850.00 ($496,045.00 plus 5% contingency) to be funded from Systems Development Account No. 22-4637-8746 and SBA 325 TDA, Account No. 12-4637-8823. (0602-01 CONTRACT) C6. Approval to execute a Professional Services Agreement (CO 89-032) with J. William Murphy to perform street right-of-way appraisals for Base Line Road Widening Projects between Interstate Route 15 and Victoria Park Lane for a fee not to exceed $44,000.00 ($40,000.00 plus 10% contingency) to be paid from the Systems Development Fund, Account No. 22-4637-8730 and 8731. (0602-01 CONTRACT) C7. Approval to execute a Professional Services Agreement (CO 89-033) with J.F. Davidson, Incorporated, to prepare design plans, specifications and estimates for Arrow Bridge Widening at Cucamonga Creek for a fee not to exceed $36,560.00 to be paid from Systems Development Fund, Account No. 22-4637-8738 and FAU Funds (86%), Account No. 24-4637-8775. (0602-01 CONTRACT) C8. Approval to accept the Etiwanda StormDrain, Phase I, Contract No. 88-096, Improvement Project as complete, release bonds, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $603,405.00. (0704-18 NOT COMPLT) (0602-01 BOND PaL) City Council Minutes February 15, 1989 Page 3 RESOLUTION NO. 89-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ETIWANDA STORM DRAIN, PHASE I, CONTRACT NO. 88-096, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C9. Approval to accept Improvements, Release Bonds, and file Notice of Completion for: (0602-01 BOND REL) (0704-18 NOT COMPLT) DR 87-21 located on the south side of 6th Street north of Lucas Ranch Road Faithful Performance Bond (Street) $100,000.00 RESOLUTION NO. 89-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-21AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 12832 located on the southwest corner of Victoria Park Lane and Victoria Windrows LooD Release: Faithful Performance Bond (Street) $355,000.00 Accept: Maintenance Guarantee Bond (Street) $ 35,500.00 RESOLUTION NO. 89-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12832 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13022 Ma~or Streets and 13022 East, located at the northwest corner of Fairmont Way and Milliken Avenue Release: Faithful Performance Bond (Street) -- TR 13022 Major Street TR 13022 East $1,296,000.00 606,000.00 Accept: Maintenance Guarantee Bond (Street) -- TR 13022 Major Street $ TR 13022 East 129,600.00 60,600.00 (8) (9) City Council Minutes February 15, 1989 Page 4 (ii) (i2) (13) (i4) (is) RESOLUTION NO. 89-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13022 MAJOR STREETS AND 13022 EAST AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C10. Approval to accept the Slurry Seal Program (87-88), Phase I, Contract No. 88-069, as complete, release bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $98,932.92. (0704-18 NOT COMPLT) RESOLUTION NO. 89-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR SLURRY SEAL PROGRAM (87-88), PHASE I, CONTRACT NO. 88-069, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Cll. Approval to accept the Slurry Seal Program (87-88), Phase II, Contract 88- 091, as complete, release bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $69,139.32. (0704-18 NOT COMPLT) RESOLUTION NO. 89-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR SLURRY SEAL PROGRAM (87-88), PHASE II, CONTRACT NO. 88-019, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C12. Approval to accept Improvements, Release of Maintenance Guarantee Bond for Tract 12801-2 located on the south side of Banyan Street east of Carnelian Street. (0602-01 BOND REL) C13. Approval to accept Improvements, Release of Maintenance Guarantee Bond for Tract 12650-1 located on the east side of Haven Avenue north of Hillside Road. (0602-01 BOND REL) Maintenance Guarantee Bond (Street) $57,100.00 C14. Approval to authorize the advertising of the "Notice Inviting Bids" for the Base Line Road Parkway Beautification Improvements from the West City Limits to Carnelian Street, to be funded from Beautification Fund, Account No. 21-4647- 8793. The Engineer's Estimate if $84,000.00. (0601-01 BID) City Council Minutes February 15, 1989 Page 5 RESOLUTION NO. 89-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASE LINE ROAD PARKWAY BEAUTIFICATION IMPROVEMENTS", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS C15. Approval to authorize the advertising of the "Notice Inviting Bids" for the Carnelian Street East Side Parkway Beautification Improvements from Vineyard Avenue to Base Line Road, to be funded from Beautification Fund, Account No. 21- 4647-8046. The Engineer's Estimate is $102,000.00. (0601-01 BID) RESOLUTION NO. 89-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CARNELIAN STREET EAST SIDE PARKWAY BEAUTIFICATION IMPROVEMENTS FROM VINEYARD AVENUE TO BASE LINE ROAD", IN SAID CITY AND AUTHORIZINGAND DIRECTING THE CITY CLERK TOADVERTISE TO RECEIVE BIDS C16. Approval to accept Improvement Agreement and Improvement Security for Tract 13753, located at the northeast corner of Base Line Road and Milliken Avenue, submitted by the William Lyon Company. (0602-01 AGREE IMPR) RESOLUTION NO. 89-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY OF TRACT NO. 13753 C17. Approval to accept Improvement Agreement and Improvement Security for Tract 13280, located north of Base Line Road between Milliken Avenue and Rochester Avenue, submitted by The William Lyon Company. (0602-01 AGREE IMPR) RESOLUTION NO. 89-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY, OF TRACT NO. 13280 C18. Approval to accept Improvement Agreement and Improvement Security for Tract 13281, located at the northwest corner of Base Line Road and Rochester Avenue, submitted by The William Lyon Company. (0602-01 AGREE IMPR) (1002-09 MAP FINAL) City Council Minutes February 15, 1989 Page 6 (2o) (22) (23) (24) RESOLUTION NO. 89-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13281 C19. Approval to accept Improvement Agreement and Improvement Security for West Greenway Corridor (parcel 1 of parcel Map 10295), located on Elm Avenue, east of Spruce Avenue submitted by Lewis Homes of California. (0602-01 AGREE IMPR) RESOLUTION NO. 89-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY FOR PARCEL MAP 10295 C20. Approval to accept Improvement Agreement Extension for Tract 12873 located on the east side of Haven Avenue between Lemon Avenue and Banyan Street, submitted by Paragon Homes. (0602-01 AGREE EXTEN) RESOLUTION NO. 89-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12873 C21. Approval of Parcel Map and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 10981, located between 7th and 8th Streets, east of Hellman Avenue, submitted by Golden West Equity Properties. (1002-09 MAP PARCEL) (0401- 03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 89-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 10981, (TENTATIVE PARCEL MAP NO. 10981) RESOLUTION NO. 89-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, 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 10981 C22. Approval to accept an offer of dedication of a drainage easement offered to the City of Rancho Cucamonga on Tract No. 9590 located east of Archibald Avenue and south of Almond Avenue. (1001-01 EASEMENT) City Council Minutes February 15, 1989 Page 7 RESOLUTION NO. 89-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A DRAINAGE EASEMENT DEDICATION ON TRACT NO. 9590 LOCATED EAST OF ARCHIBALD AVENUE AND SOUTH OF ALMOND AVENUE C23. Approval to set public hearing for March 15, 1989 - Vacation of a portion of Almond Avenue - Caryn Company -a request to vacate a portion of Almond Avenue, located south of 24th Street and west of Cherry Avenue in the Etiwanda area, approximately 23 feet wide and 1,812 feet long - APN 226-111-01. (1110- 18 VACATE ST) RESOLUTION NO. 89-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF ALMOND AVENUE, LOCATED SOUTH OF 24TH STREET AND WEST OF CHERRY AVENUE, IN THE ETIWANDAAREA, APPROXIMATELY 23 FEET WIDE AND 1,812 FEET LONG - APN 226-111-01 C24. Approval to set public hearing for March 15, 1989 - Vacation of Juneberry Drive - Fontana Steel, Inc. - A request to vacate Juneberry Drive, located south of Arrow Route and west of Etiwanda Avenue, approximately 60 feet wide and 710 feet long - APN 229-121-35 (1110-18 VACATE ST) RESOLUTION NO. 89-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE JUNEBERRY DRIVE, LOCATED SOUTH OF ARROW ROUTE AND WEST OF ETIWANDA AVENUE, APPROXIMATELY 60 FEET WIDE AND 710 FEET LONG - APN 229-121-35 MOTION: Moved by Alexander, seconded by Wright to approve the Consent Calendar as submitted. Motion carried unanimously, 5-0. D. CONSENT ORDINANCES There were none. (25) (26) E. ADVERTISED PUBLIC HEARINGS El. DEVELOPMENT AGREEMENT {CO 88-197) 83-01 - HERITAGE PARK APARTMENTS - A request by the City to amend Section 18, Maintenance Guaranty, of an existing Development Agreement for the senior housing project located on Lomita Court, (27) City Council Minutes February 15, 1989 Page 8 (28) west of Archibald Avenue - APN 202-152-34. Continued from December 21, 1988. Staff report presented by Larry Henderson, Senior Planner. (0602-01 AGREE DEV) (1402-03 SR CITIZEN) Mayor Stout opened the meeting for public hearing. Addressing Council was: Wilma Brenner, a senior citizen, who stated that regarding the walkways and the poor drainage, if Council went out there to the third floor between buildings A and B, they would see the water was quite deep. A large plank had been placed from the top of the stairs to the doorway for the seniors to walk on. She felt this was dangerous because someone might fall and get hurt. Also regarding the trash that sits under the balcony, one of the tenants had dumped their ashtrays into a bag and put it in the trash bins. It caught fire. Had it not been for one of the seniors who saw it when he was dumping his trash and put it out, it could have become a serious fire. There being no further public input, Mayor Stout closed the public hearing. Mayor Stout asked if it would be possible to get an update on the items they were working on. He felt especially the drainage problem was serious. Brad Buller, City Planner, stated that they could determine the water was a nuisance, then something could be done about it under the nuisance ordinance. Councilwoman Wright stated she felt uncomfortable with the recommendation taken. She would like to have a creation of some kind of standards in the City. She felt that developers were getting something from the City for development of the senior projects, and felt the City needs to have some standards also, and felt we needed to look at this issue. She further recommended that the item go back to the Planning Commission for review, and to have the seniors included in the discussion. ORDINANCE NO. 381 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVINGAMENDMENTNUMBER 2 REGARDING MAINTENANCE GUARANTY, TO ANEXISTING DEVELOPMENT AGREEMENT FOR HERITAGE PARK APARTMENTS, A SENIOR HOUSING PROJECT DEVELOPMENT AGHEEHENT (CO 88-198~ 85-01 - RUDOLPH HENDRICKSON SENIOR APARTMENTS - A request by the City to amend Section 22, Maintenance Guaranty, of an existing Development Agreement, for the senior housing project located on the west side of Amethyst Avenue, north of 19th Street - APN 201-232-24. Continued from December 21, 1988. (0602-01 AGREE DEV) (1402-03 SR CITIZEN) City Council Minutes February 15, 1989 Page 9 ORDINANCE NO. 382 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVINGAMENDMENT NUMBER 1, REGARDING MAINTENANCE GUARANTY, TO DEVELOPMENT AGREEMENT 85-01 (RUDOLPH HENDRICKSON SENIOR APARTMENTS), A SENIOR HOUSING PROJECT SENIOR HOUSING OVERLAY DISTRICT GUIDELINES - CITY OF RANCHO CUCAMONGA - Staff request to amend the maintenance section of the guidelines for the purpose of consistency. (NOTEs This is part of above, but was not advertised.) (1402- 03 SR CITIZEN) RESOLUTION NO. 89-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE MAINTENANCE SECTION OF THE SENIOR HOUSING OVERLAY DISTRICT GUIDELINES City Clerk Authelet read the titles of Ordinance Nos. 381 and 382. MOTION: Moved by Alexander, seconded by Buquet to waive full reading of Ordinance Nos. 381 and 382, and set second reading for March 1, 1989, and to approve Resolution No. 89-069. Motion carried unanimously, 5-0. Mayor Stout recommended that staff be directed to prepare a scope of work for review of the Senior Housing Overlay District Ordinance, to come back before Council in two weeks. · , , , , E2. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 89-01 - CITY OF RANCHO CUCAMONGA - A request to modify the local street circulation pattern within subarea 8, located north of Arrow Route, between the 1-15 Freeway and Etiwanda Avenue, necessitated by a proposed MWD power generating plant at the northwest corner of Etiwanda Avenue and Arrow Route. Staff report presented by Paul Rougeau, Senior Civil Engineer. (0203-05 INDUS SP) Mayor Stout opened the meeting for public hearing. There was no response. Mayor Stout asked if there would be any objections to continuing this item for two weeks, so the Fire District could look at this. Tom Carneby, 8520 Summerdale Road, #25, San Diego, stated they would like to see a solution of this since they have been trying for three years to get this approved. After further discussion, Council concurred with continuing the item to March 1, 1989. (29) (3o) City Council Minutes February 15, 1989 Page 10 (32) ORDINANCE NO. 391 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 89-01, REQUESTING TO MODIFY THE LOCAL STREET CIRCULATION PATTERN WITHIN SUBAREA 8, LOCATED NORTH OF ARROW ROUTE, BETWEEN THE 1-15 FREEWAY AND ETIWANDA AVENUE, NECESSITATED BY A PROPOSED MWD POWER GENERATING PLANT AT THE NORTHWEST CORNER OF ETIWANDA AVENUE AND ARROW ROUTE IN RANCHO CUCAMONGA, CALIFORNIA ENVIRONMENTAL ASSESSMENT AND FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 89-01 - CITY OF RANCHO CUCAMONGA - A request to modify the Regional Related Commercial land use option from APN 229-021-59 and 229-031-15, and show access points for the block bounded by Foothill Boulevard on the north, Arrow Route on the south, 1-15 Freeway on the west, and Etiwanda Avenue on the east, necessitated by a proposed MWD power generating plant at the northwest corner of Etiwanda Avenue and Arrow Route. (0203-05 FOOTHIL SP) RESOLUTION NO. 89-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSHENTAND FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 89-01, REQUESTING TO MODIFY THE REGIONALRELATED COMMERCIAL LAND USE OPTION FROM APN 229-021-59 AND 229-021-15, AND SHOW ACCESS POINTS FOR THE BLOCK BOUNDED BY FOOTHILL BOULEVARD ON THE NORTH, ARROW ROUTE ON THE SOUTH, 1-15 FREEWAY ON THE WEST, AND ETIWANDA AVENUE ON THE EAST, NECESSITATED BY A PROPOSED MWD POWER GENERATING PLANT AT THE NORTHWEST CORNER OF ETIWANDA AVENUE AND ARROW ROUTE IN RANCHO CUCAMONGA, CALIFORNIA MOTION: Moved by Alexander, seconded by Wright to continue the item to March 1, 1989, and leave the public hearing open. Motion carried unanimously, 5-0. , , , , , E3. ENVIRONMENTAL ASSESSMENTAND GENERAL PLAN AMENDMENT 89-01B - WILLIAM LYON COMPANY - A request to amend two sites of the land use map of the General Plan within the Victoria Groves (west of Milliken on 9.3 acres) and Victoria Vineyards (east of Milliken on 12.9 acres) Villages of the Victoria Community Plan located on the southeast and west corners of Nighland and Milliken Avenues. The request proposes the changing of designations from Medium-High Residential (14-24 dwelling units per acre) to Neighborhood Commercial on the east site and Neighborhood Commercial to Low-MediumResidential (4-8 dwelling units per acre) on the west site - APN 227-011-22, 202-211-48. Staff report presented by Larry Henderson, Senior Planner. This item was considered along with Item E4. (0203- 03 GP AMEN) City Council Minutes February 15, 1989 Page 11 RESOLUTION NO. 89-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 89-01B, ENDING THE GENERAL PLAN LAND USE MAP FROM MEDIUM- HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 12.9 ACRES AT THE SOUTHEAST CORNER OF MILLIKEN AND HIGHLAND AVENUES AND NEIGHBORHOOD COMMERCIAL TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 9.3 ACRES AT THE SOUTHWEST CORNER OF MILLIKEN AND HIGHLAND AVENUES, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF E4. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 89-01 - WILLIAM LYON COMPANY - A request to amend the land use designations within the Victoria Groves (west of Milliken on 9.3 acres) and Victoria Vineyards (east of Milliken on 12.9 acres) Villages of the Victoria Community Plan located on the southeast and west corners of Highland and Milliken Avenues. The request proposes the changing of land use designations from Medium-High Residential (14- 24 dwelling units per acre) to Neighborhood Commercial on the east site and Neighborhood Commercial to Low-Medium Residential (4-8 dwelling units per acre) on the west site - APN 227-011-22, 202-211-48. Staff report presented by Larry Henderson, Senior Planner. (0203-05 VCP AMEN) Mayor Stout opened the meeting for public hearing. Addressing Council were: (33) Jim Bailey, manager of William Lyon Company, stated he felt the residents were right, and encouraged Council's approval. John Potter, Hughes Development, 2 Corporate Plaza, Newport Beach, reported they have received approval from a real estate committee of a major tenant for a drugstore and a grocery store. They also had the community's support and encouraged Council's support. David Alvera, confirmed that the proposal was approved and supported by all the residents. There being no further response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 392. ORDINANCE NO. 392 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT NO. 89-01, AMENDING THE VICTORIA COMMUNITY PLANLAND USE MAP FROM MEDIUM-HIGHRESIDENTIAL (14-24 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL, FOR 12.9 ACRES AT THE SOUTHEAST CORNER OF MILLIKEN AND HIGHLAND AVENUES AND City Council Minutes February 15, 1989 Page 12 (34) (3s) NEIGHBORHOOD COMMERCIAL TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 9.3 ACRES AT THE SOUTHWEST CORNER OF MILLIKEN AND HIGHLAND AVENUES, RANCHO CUCANONGA, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 89- 071, and waive full reading of Ordinance No. 392 and set second reading for March 1, 1989. Motion carried unanimously, 5-0. , , , , , E5. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 89-01C - THE CITY OF RANCHO CUCAMONGA - A request to amend a total of 10 parcels (approximately 10 acres) of the General Plan land use map from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) those parcels located on the south side of Lemon extending approximately 1,100 feet east of Archibald Avenue and the parcel on the north side of Highland and extending 780 feet east of Archibald Avenue - APN 201-252-01, 03, 04, 21, 22, 39, 40, 41, 42 and 43. Staff report presented by Larry Henderson, Senior Planner. (0203-03 GP AMEN) Mayor Stout opened the meeting for public hearing. Addressing Council was: Lawrence Gafski, 6393 Jadeite, stated he supported Resolution No. 89-050 There being no further response, the public hearing was closed. RESOLUTION NO. 89-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 89-01C, AMENDING THE GENERAL PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) THOSE PARCELS LOCATED ON THE SOUTH SIDE OF LEMON EXTENDING APPROXIMATELY 1,100 FEET EAST OF ARCHIBALD AVENUE AND THE PARCEL ON THE NORTH SIDE OF HIGHLAND AND EXTENDING 780 FEET EAST OF ARCHIBALD, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 89- 050. Motion carried unanimously, 5-0. , , , , , E6. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 88-05 - WILLIAM LYON COMPANY - A revision to land use and circulation affecting approximately 130 acres of Phase One of the Village of Victoria Lakes South, bounded by Base Line Road to the north, Miller Avenue to the south, the easterly boundary of the Victoria Planned Community to the east, and the Southern California Edison corridor to the west; and various amendments to land use and City Council Minutes February 15, 1989 Page 13 circulation to reflect "as-built" conditions within the Windrows, Vineyards and Groves. Staff report presented by Dan Coleman, Senior Planner. (0203-05 VCP AMEN) After asking several questions regarding the water as it comes to the mall, Mayor Stout suggested that when we start formalizing the regional, we take a look at the south side of Miller to make sure there is some logical or visual connection between the two, since there is a great distance from Miller and where the formal fountain starts. Originally the idea was that they were to be linked together. Councilwoman Brown asked Jerry Fulwood, Resource Services Director, if the Landscape Maintenance District in Victoria would be paying for the maintenance of this project. Jerry Fulwood, Resource Services Director, responded yes. In addition, Councilwoman Brown asked if staff had done an analysis of the cost of the maintenance of this project. Jerry Fulwood, Resource Services Director, responded no. Dan Coleman, Senior Planner, stated that the developer is to submit these estimates concurrent with the first tract submitted in this village. Councilwoman Brown further stated she was part of the sub-committee, along with along with Jeff King, former Councilman, and they were not in favor of having boats or fishing within the lake. It was her impression it was to be a passive lake. One of her concerns was the liability on the City's part. She asked who would be picking up the cost of the liability insurance if boating and fishing were allowed. Jack Lam, Acting City Manager, responded the City of Rancho Cucamonga would be responsible for any liability. Jim Hart, Administrative Services Director, stated that if you have a City owned facility, the City would assume liability. The insurance premium would be based on exposure, plus any claims. He further stated that if a concessionaire operated boats on the lake, then the City would require him to provide a liability policy naming the City as additionally insured. Councilwoman Brown stated she wanted to go on record in opposition to paddleboats and fishing within that lake. Councilwoman Wright asked if the depth and grade of the lake had been determined. Russell Maguire, City Engineer, responded that the final design was under consideration by the William Lyon Company consultant right now. City Council Minutes February 15, 1989 Page 14 Councilwoman Wright asked if this Council would ever have the opportunity to have input in regards to grade ratios and overall lake depth. James Markman, City Attorney, responded that consideration by the Council would be automatic, because Council will have to accept this as a public improvement. He stated there had better be input regarding all facets of safety of this facility, with Engineering opinions backing it up before the Council should accept this. Russell Maguire, City Engineer, suggested that Council adopt a Resolution to establish a sub-committee to review the final designs of this facility, then the sub-committee could report to the full City Council. In this way, there would be no question regarding a facility of this nature. Councilwoman Wright requested that Council have complete input on the facility before it was too late. Included in that study should be use of the lake, and to review the estimated cost of maintenance. She also requested that the safety agencies look at this to be assured of adequate access, and that detailed Engineering specifications be provided and for an outside consultant to review them for the City. Mayor Stout asked that since this was going to the Parks Commission this week for conceptual approval, and then on to the City Council Consent Calendar for conceptual approval, was it possible that the review process could occur between those two events. Dan Coleman, Senior Planner, responded yes. Mayor Stout opened the meeting for public hearing. Addressing Council were: Jim Bailey, stated he felt this was a jewel of the Victoria Project and wanted to do it right, and was willing to work with staff and any sub- committee to make it right. Fred Deaux, Shaw Street, responded to Mr. Bailey's comment about changing the church site designation to an RV storage area. He stated he would support changing this as long as another site was selected for a church. He further stated regarding the lakes project he opposed any active use of the lake. Keyin Eggleston, did not want Council to preclude any activities at this lake. There being no further public input, Mayor Stout closed the public hearing. Councilwoman Brown stated William Lyon Company needs to provide 25% of build- out for recreational vehicle storage. She would like to see, however, another site large enough approximately 5 acres for a church. City Council Minutes February 15, 1989 Page 15 ACTION: Council concurred to come back with a Resolution setting up a sub- committee for review of this facility. ORDINANCE NO. 393 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING VICTORIA COMMUNITY PLAN AMENDMENT 88-05, A REVISION TO LAND USE AND CIRCULATION AFFECTING 130 ACRES FOR PHASE ONE OF THE VILLAGE OF VICTORIA LAKES SOUTHAND VARIOUS AMENDMENTS TO LAND USE AND CIRCULATION TO REFLECT "AS BUILT" CONDITIONS WITHIN THE VILLAGES OF WINDROWS, VINEYARDS, AND GROVES ACTION: Council concurred that in Section 2.2 of the Ordinance, the word "shall" be changed to "may". City Clerk Authelet read the title of Ordinance No. 393. MOTION: Moved by Buquet, seconded by Alexander to waive full reading of Ordinance No. 393 as modified, and set second reading for March 1, 1989. Motion carried unanimously, 5-0. Mayor Stout called a recess at 9:50 p.m. The meeting reconvened at 10:10 p.m. with all members of Council present. F. PUBLIC HEARINGS Flo REPORT OF THE PARK AND RECREATION FACILITIES REVIEW TASK FORCE - A report of the Park and Recreation Facilities Review Task Force assessing long-term park and facility needs, reviewing recreational standards, and recommending priorities for future park and facility development within the City of Rancho Cucamonga. Staff report presented by Joe Schultz, Community Services Manager. (1404-06 PARK DEV) Mayor Stout opened the meeting for public hearing. Addressing Council were: Dom Rosso, expressed disagreement with the Task Force report. Roger Reynolds, 790 Malachite. Mike Reynolds, 6320 Red Canyon Road. There being no further public input, Mayor Stout closed the public hearing. ACTION: Council received and filed the report, and directed staff to come back in 30 days with a scheme of action. City Council Minutes February 15, 1989 Page 16 (37) (38) (39) CITY MANAGER'S STAFF REPORTS G1. CONSIDERATION OF AMENDMENT TO CITY COUNCIL ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT POLICY STATEMENT. Staff report presented by Jerry Fulwood, Resource Services Director. (0102-02 POLICY (0401-03 COM FAC DI) MOTION: Moved by Stout, seconded by Alexander to approve the policy amendment to include law enforcement in community facility districts. Motion carried unanimously, 5-0. , , , , · , G2. CARYN (VINTAGE HIGHLANDS) FENCING - Discussion of possible fencing off cul-de-sac streets from the paseo trail system. Staff report presented by Dan Coleman, Senior Planner. (0203-05 PLAN COM) (1404-08 TRAILS) Mayor Stout opened the meeting for public input. Addressing Council were: Ron Herman, 11157 Mammoth Peak, presented a video. Linda Standen, 91158 Mammoth Peak. Victor Sherback, representing Marlborough Development. There being no further discussion, Mayor Stout closed the public hearing. MOTION: Moved by Wright, seconded by Alexander to temporarily close off Banyan, approve Option 3 which states, "take no action at this time, but defer any action until the entire Caryn Vintage Highlands Planned Community is built and occupied. This would allow the residents of the Planned Community the chance to experience the paseo trail system as it was approved before any changes are made." Motion carried unanimously, 5-0. , , , , , Mayor Stout called a recess at 12:00 midnight. The meeting reconvened at 12:10 a.m. with all members of the Council present. , , , , , G3. COMMUNICATION FROM FOOTHILL FIRE DISTRICT TO PROHIBIT THE SALE OF SAFE & SANE FIREWORKS IN RANCHO CUCAMONGA. Report presented by Dennis Michael, Chief of the Foothill Fire District, Kevin Eggleston, President of the Foothill Fire District Board of Directors, and Mr. Matsuno, a member of the Board of Directors. (1302-09 FIREWORK) Councilwoman Wright stated she had been monitoring this and has not seen this as a safety problem. City Council Minutes February 15, 1989 Page 17 Mayor Stout suggested that we should place this on the November ballot. MOTION: Moved by Stout, seconded by Brown to take necessary action to put this on the November 1989 ballot as an initiative. Motion carried 4-1, Buquet no. G4. A PROPOSAL TO DESIGNATE THE ALTA LOMA FIRE HALL, 9493 LOMITA DRIVE, AS A LANDMARK - APN 202-083-05 - The Fire Hall was built in 1938 entirely with private funds. It was used as a social hall and fire station for many years and remains as an integral part of old Alta Loma. Staff report presented by Arlene Banks, Associate Planner. (1402-06 HISTORY) Mayor Stout opened the meeting for public input. There being no comments, the public hearing was closed. RESOLUTION NO. 89-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGNATION OF THEALTA LOMA FIRE HALL LOCATED AT 9493 LOMITA DRIVE AS A LANDMARK MOTION: Moved by Alexander, seconded by Wright to approve Resolution No. 89- 072 designating the Alta Loma Fire Hall as a historic landmark. Motion carried unanimously, 5-0. G5. UPDATE ON DISPLAY OF ADULT VIDEOS. Staff report presented by Duane Baker, Administrative Assistant. (0203-05 ADULT BUS) Councilwoman Wright read a letter presented by Lynn Rivera, 9142 Cielito Street, that she wanted in the record since she had to leave early. "I would once again would like to thank the Council for the prompt response to the public on this issue. I would like to request that the City consider conducting random reviews of businesses to see of voluntary compliance remains. I'd like to see all new businesses as they are licensed receive a written 'policy statement' indicating the Council's position on this. Once again, thanks." ACTION: Council received and filed the report. H. COUNCIL BUSINESS (4o) City Council Minutes February 15, 1989 Page 18 (42) (43) (44) (45) (46) H1. STATUS OF PARK DEVELOPMENT CAPITAL PROJECTS - Update on current park development projects in the City, including Old Town Park and West Beryl Park. (Stout) (1404-06 PK DEVEL) Mayor Stout felt that based on what happened earlier, that these parks move ahead quickly. ACTION: Council received and filed the report. H2. STATUS REPORT ON CODE ENFORCEMENT AT 9266 CALLE VEJAR (Wright) Staff report was presented by Richard Alcorn, Code Representative Supervisor. (0704-07 CODE ENFOR) ACTION: Council received and filed the report. H3. CITY COUNCIL DISCUSSION FOR WAYS TO IMPROVE COMMUNICATION WITH VARIOUS COMMISSIONS AND OTHER AGENCIES (Wright) (0100-00 ADMIN) ACTION: Council concurred to continue the item to March 1, 1989 meeting. , , , , , H4. CONSIDERATION OF A MOTION TO TERMINATE THE CITY MANAGER PERSONNEL) (0502-02 MOTION: Moved by Wright, seconded by Stout to terminate Lauren Wasserman as City Manager. Motion carried by the following vote: AYES: Stout, Brown, Wright NOES: Buquet, Alexander , , , , , H5. CONSIDERATION TO SELECT CONSULTANT TO CONDUCT A CITY MANAGER RECRUITMENT Staff report presented by Jim Hart, Administrative Services Director. (0502-02 PERSONNEL) Councilman Buquet requested an Executive Session before going any further. , , , , , Council adjourned to an Executive Session at 1:10 a.m. Council reconvened at 1:15 a.m. , , , , , City Council Minutes February 15, 1989 Page 19 MOTION: Moved by Buquet, seconded by Stout to enter into negotiations with Jack Lam as City Manager. Motion carried by the following vote: AYES: NOES: Buquet, Alexander, Stout, Brown, Wright None I. IDENTIFICATION OF ITEMS FOR NEXT MEETING I1. Councilwoman Brown requested an item be placed on the agenda regarding allocation of funds for the Pilot Residential Recycling Program. J. COMMUNICATIONS FROM THE PUBLIC J1. Darla Haston, requested an accounting on the time and expenditures on the recall. ACTION: Mayor Stout directed staff to put that information on the March 1, 1989 agenda. , , , , , J2. Fred Deaux, requested Council consider approving an Ordinance preventing the purchase of certain types of weapons. , , , , , K · ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 1:20 a.m. Respectfully submitted, Authelet City Clerk Approved: April 5, 1989