HomeMy WebLinkAbout1989/01/18 - Minutes January 18, 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, January 18, 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, Charles
J. Buquet II, Pamela J. Wright, and Mayor Dennis L. Stout.
Also present were: Jack Lam, Acting City Manager; Beverly A. Authelet, City
Clerk; James Markman, City Attorney; Russell Maguire, City Engineer; Brad Buller,
City Planner; Otto Kroutil, Deputy City Planner; Joe Schultz, Community Services
Manager; Scott Murphy, Associate Planner; Arlene Banks, Associate Duane A.
Baker, Administrative Assistant; and Susan Mickey, Administrative Aide.
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B. ANNOUNCEMENTS/PRESENTATIONS
B1. Proclamation presented to Deputy Alvarez of the Rancho Cucamonga Sheriff's
Station commending him for his efforts in the cat burglar case.
B2. Jack Lam, Acting City Manager, stated that there was a memo before Council
with changes in the Consent Calendar on Items C13, C18, and C19. He also stated
that Item H3 was to be deleted from Agenda.
Councilwoman Brown stated that she had received her Letter of Intention for
Recall and read the letter for public record: (0702-03 ELECTION)
NOTICE OF INTENT TO RECALL DEBORAH BROWN
We the undersigned registered voters of Rancho Cucamonga, having lost
confidence in Deborah Brown's ability to represent our interests as
residents of this community, do hereby give notice of our intention to
recall Deborah Brown as a member of the city council of Rancho Cucamonga
for reasons which include the following:
Apparent disrega;d for the intent of the Brown Act which serves to
protect the public from secrecy in government
City Council Minutes
January 18, 1989
Page 2
Lack of disclosure of a private agenda regarding major community
issues
Abuse of elective power by improper and unauthorized direction to
city employees
Usurping the City Manager's authority and demoralizing the city
staff
Circumventing full City Council discussion of public policy
* Violation of the public trust by misuse of taxpayers' money
Promoting personal projects which result in excessive and needless
city expenditures
Callous insensitivity to citizens' concerns and inability to manage
disagreement and conflict in a mature manner
Citizens' loss of confidence in her ability to serve the public good
over her own personal ambitions
RANCHO CUCAMONGA DESERVES BETTER GOVERNMENT
YOUR SIGNATURE ON THE PETITION FOR RECALL HELPS ENSURE THAT THE
VOTING PUBLIC WILL HAVE THE OPPORTUNITY TO REVIEW THE FACTS AND
DECIDE THE ISSUE
Sandy Oerly, 5652 Emerald Street, 91701
Catherine Bridge, 8715 Banyan Street, 91701
Steve Barden, 8926 Yew Street, 91730
Mary Harkins, 8140 La Senda Road, 91701
David Quinn, 9015 Foothill Blvd #A-40, 91730
Councilwoman Brown then made the following brief statement for the record:
This recall attempt, in my opinion, has nothing to do with the concern for
the City, nor the termination of Lauren Wasserman. This recall is nothing
more than an attempt to achieve power by those individuals who wish to
achieve power to further their own interests. Some charges in the letter
of intent are merely a rehash of the charges brought against Mayor Stout
by Councilman Buquet in the November election. There were no facts to
support those vague charges against Mayor Stout then, and there are no
facts to support these charges against me now. To bring vague charges
against me or anyone else unsupported by facts is clearly the act of
desperate people.
City Council Minutes
January 18, 1989
Page 3
C. CONSENT CALENDAR
C1. Approval of Minutes: December 7, 1988.
C2. Approval of Warrants, Register No's. 1/4/89 and 1/11/89 and Payroll ending
12/22/88 and 1/5/89 for the total amount of $1,800,399.90.
C3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
Mama Leone's Italian Restaurant, Manuel and Kimberly Batista, 9155 Archibald
Avenue, Unit C.
C4. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
Togo's Eatery, Brenmar, Ltd., 7900 Haven Avenue, #24.
C5. Approval to award the 19th Street and Haven Avenue Intersection Improvement
Project to Powell Constructors for the amount of $496,045.00 to be funded from
Systems Development Fund Account No. 22-4637-8746 and SB 325/TDA, Account Number
12-4637-8823. (0601-01 BID)
C6. Approval to execute contract (CO 89-010) with Kamine, Steiner & Ungerer
for assistance in defending the lawsuit of American Insurance Company v. City
of Rancho Cucamonga, etc., et al. (0602-01 CONTRACT)
C7. Approval to execute Professional Services Agreement (CO 89-011) with Ramco
Consultants to prepare Right-of-Way Acquisition Services for the Improvement of
19th Street from Hermosa Avenue to Cartilla Avenue. The maximum fee is
$17,300.00 plus escrow fees, updated title reports, litigation guarantees, etc.,
to be paid from Systems Development Fund, Account No. 22-4637-8744o (0602-01
CONTRACT)
C8. Approval to execute contract (CO 89-012) for the Amethyst Street
Reconstruction, Storm Drain and Traffic Signal Improvement Project at 19th Street
awarded to Mobassaly Engineering, Incorporated, for the amount of $468,000.00
($425,258.00 plus 10% contingency) to be funded from Systems Development Fund
22-4637-8729 and SB 325/TDA Fund 12-4637-8606. (0602-01 CONTRACT)
C9. Approval to execute contract (CO 89-013) for the Haven Avenue Median
Improvement Project Phase III, north of Highland Avenue to north of Wilson
Avenue, awarded to Moulder Brothers, Incorporated, for the amount of
$1,165,000.00 ($1,109,703.38 plus 5% contingency) to be funded from
Beautification Funds Account No. 21-4647-8794. (0602-01 CONTRACT)
C10. Approval to execute contract (CO 89-014) documents with Mariposa Landscape
for landscape maintenance of Haven Avenue Median Islands and San Bernardino
County Flood Control Wash Ends, for the amount of $99,000.00. Project to be
funded by account numbers 01-4647-6028, 43-4647-6028 and 46-4647-6028. (0602-
01 CONTRACT)
Cll. Approval to award and execute Professional Services Agreement (CO 89-015)
for the construction staking for the Haven Avenue Median Phase III Improvement
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January 18, 1989
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Project to Associated Engineers for the amount of $15,324.00 to be funded from
Account No. 23-4647-8794. (0602-01 CONTRACT)
C12. Approval of a Subordination Agreement (CO 89-016) for Lot 19 of Tract
7176, located at 8406 Orchard Street, submitted by Roland L. and Carolyn A.
Taylor. (0602-01 AGREE SUB)
RESOLUTION NO. 89-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, APPROVING A SUBORDINATION AGREEMENT FROM ROLAND L.
AND CAROLYN A. TAYLORAND AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN SAME
C13. Approval to release a Real Property Improvement Contract and Lien
Agreement (CO 89-017) releasing Parcel 4 of Parcel Map 9079, located on the
northeast corner of Base Line Road and Archibald Avenue submitted by Sycamore
Investments. (0602-01 AGREE R I/L)
RESOLUTION NO. 89-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEMENT FROM SYCAMORE INVESTMENTS
C14. Approval of Map, execution of Improvement Agreement, Improvement Security
and Ordering the Annexation to Landscape Maintenance District No. 1 and Street
Lighting Maintenance District Nos. 1 and 2 for Tract 12332-2, located on the
east side of Haven, north of Hillside Channel, submitted by M.J. Brock and Sons,
Incorporated. Continued from January 4, 1989 meeting. (1002-09 MAP FINAL)
(0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12332-2
RESOLUTION NO. 89-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 12332-2
C15. Approval of Map, execution of Improvement Agreement, Improvement Security
and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and
3 for Tract 13280, located north of Base Line Road between Milliken Avenue and
Rochester Avenue, submitted by The William Lyon Company. (1002-09 MAP FINAL)
(0401-03 ST LT MD)
City Council Minutes
January 18, 1989
Page 5
RESOLUTION NO. 89-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13280
RESOLUTION NO. 89-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXAfION OF CERTAIN
TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. i AND
3 FOR TRACT 13280
C16. Approval of Map, execution of Improvement Agreement, Improvement Security
and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and
3 for Tract 13753, located at the northeast corner of Base Line Road and
Milliken Avenue, submitted by The William Lyon Company. (1002-09 MAP FINAL)
(0401-03 ST LT MD)
RESOLUTION NO. 89-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13753
RESOLUTION NO. 89-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND
3 FOR TRACT 13753
C17. Approval of Map, execution of Improvement Agreement, Improvement Security
and Ordering the Annexation to Street Lighting Maintenance District Nos. 1 and
3 for Tract 13281, located at the northwest corner of Base Line Road and
Rochester Avenue, submitted by The William Lyon Company. (1002-09 MAP FINAL)
(0401-03 ST LT MD)
RESOLUTION NO. 89-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13281
RESOLUTION NO. 89-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND
3 FOR TRACT 13281
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January 18, 1989
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C18. Approval to execute Improvement Agreement, Improvement Security, Drainage
Acceptance Agreements and Ordering the Annexation to Landscape Maintenance
District No. 3 and Street Lighting Maintenance District NOs. 1 and 6 for DR 87-
51, located on the south side of Arrow Route, west of Etiwanda Avenue, and east
of the Southern California Edison Utility Easement, submitted by Fontana Steel,
Incorporated. (0401-03 LNSCAPE MD) (0401-03 ST LT MD) (0602-01 AGREE IMPR)
RESOLUTION NO. 89-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND DRAINAGE ACCEPTANCE AGREEMENTS FOR
DEVELOPMENT REVIEW NO. 87-51
RESOLUTION NO. 89-026
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 DEVELOPMENT
REVIEW NO. 87-51
C19. Approval to execute Improvement Agreement, Improvement Security and
Ordering the Annexation to Landscape Maintenance District No. 3 and Street
Lighting Maintenance District Nos. 1 and 6 for DR 88-28, located on the south
side of Red Oak Street at Spruce Avenue, submitted by Rancho Cucamonga Medical
Partners. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD)
RESOLUTION NO. 89-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 88-28
RESOLUTION NO. 89-028
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 88-28
C20. Approval to execute 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. 89-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY OF TRACT NO. 11734
City Council Minutes
January 18, 1989
Page 7
C21. Approval to execute Improvement Agreements and additional Improvement
Security of Tracts 13748, 13857 and 13858, located at the southwest corner of
Banyan Street and Milliken avenue, submitted by M.J. Brock and Sons. (0602-01
AGREE IMPR)
RESOLUTION NO. 89-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS AND
ADDITIONAL IMPROVEMENT SECURITY OF TRACT NOS. 13748, 13857
AND 13858
C22. Approval to accept Improvement Agreement and Improvement Security and
release of Time Certificate of Deposit for CUP 87-26, located on the northeast
corner of Vineyard Avenue and Foothill Boulevard, submitted by OAS Investors.
(0602-01 BOND REL)
RESOLUTION NO. 89-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY AND RELEASE OF TIME CERTIFICATE OF
DEPOSIT FOR CUP 87-26
C23. Approval to authorize City Engineer to approve Contract Change Order No.
3 for the 8th Street and Grove Avenue Improvement Project, being a cooperative
project of the City of Rancho Cucamonga and the City of Ontario, and approval
of additional funding in the amount of $15,000.00 to be added to Systems
Developmenn Fund No. 22-4637-8751. Half this amount will be shared by the City
of Ontario. (0602-01 CONT AMEN)
C24. Approval to accept Improvements, Release Bonds and file a Notice of
Completion for DR 87-43 located on the north side of Victoria Windrows Loop east
of Victoria Park Lane. (0602-01 BOND REL) (0704-18 NOT COMPLT)
Faithful Performance Bond (Street)
$34,000.00
RESOLUTION NO. 89-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
DR 87-43 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
C25. Approval to accept Improvements, release of Maintenance Guarantee Bond for
Tract 12801 located on the south side of Banyan Street between Beryl Street and
Carnelian Street. (0602-01 BOND REL)
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Maintenance Guarantee Bond (Street) $23,000.00
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January 18, 1989
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C26. Approval to release cash deposits in the amount of: (0602-01 BOND REL)
$2,500.00 to Ahmanson Developments, IncorDorated for Subdivision Sales
Trailer for Tract 13748.
$2,500.00 to WDS Development for Model Home Sales Office for Tract 13475.
$2,500.00 to Lewis Homes for Subdivision Sales Trailer for Tract 12671-3.
$2,500.00 to Lewis Homes for Subdivision Sales Trailer and $628.00 for
Subdivision SiQn for Tract 10046.
C27. Approval to establish an amount required of a development as a
contribution in-lieu of the construction of median islands on Haven Avenue from
south of Lemon Avenue to north of Wilson Avenue. (1110-05 MED/PKWAY)
RESOLUTION NO. 89-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING AND ADOPTING A
CONTRIBUTION AMOUNT PERTAINING TO THE CONSTRUCTION OF THE
HAVEN AVENUE MEDIANS FROM SOUTH OF LEMON AVENUE TO NORTH OF
WILSON AVENUE IN THE CITY OF RANCHO CUCAMONGA
C28. Approval of Annexation 88-04, Ahmanson Developments, Incorporated,
approximately a 54 acre portion of San Bernardino County unincorporated area
located at the southwest corner of Etiwanda Avenue and 25th Street, APN 225-92-
01. (0702-02 ANNEXATION)
RESOLUTION NO. 89-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVINGANNEXATION 88-04 (LAFCO 2518)
AHMANSON DEVELOPMENTS, INCORPORATED AND ORDERING TERRITORY
ANNEXED TO THE CITY OF RANCHO CUCAMONGA GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND 25TH STREET, AND
MAKE FINDINGS IN SUPPORT THEREOF
C29. Approval of Environmental Assessment and Conditional Use Permit 88-35 and
Tentative Parcel Map 11838 - Hughes Investments - to modify the landscaped
parkway and median island within Victoria Park Lane (a linear park) to
facilitate the development of a shopping center at the northwest corner of Base
Line Road and Victoria Park Lane (APN 227-111-28, 34 and 35), (approval includes
all conditions of the Planning Commission and the Park and Recreation
Commission). (0802-02 CUP) (1110-05 MED/PKWAY)
RESOLUTION NO. 89-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AREQUEST TO MODIFY A PORTION
OF VICTORIA PARK LANE FOR TENTATIVE PARCEL MAP 11838 AND CUP
City Council Minutes
January 18, 1989
Page 9
88-35, TO PERMIT DEVELOPMENT OF A NEIGHBORHOOD SHOPPING CENTER
ON 10.0 ACRES OF LAND IN THE VILLAGE COMMERCIAL CENTER LOCATED
AT THE NORTHWEST CORNER OF BASE LINE ROAD AND VICTORIA PARK
LANE, APN 227-111-28, 34, AND 35
MOTION: Moved by Wright, seconded by Alexander to approve the Consent
Calendar as amended. Motion carried unanimously, 5-0.
D. CONSENT ORDINANCES
City Clerk Authelet read the titles of Ordinance Nos. 388 and 389.
D1. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 88-06 -
MERCY AMBULANCE - A request to add ambulance services as a conditionally
permitted use within the Office/Professional District of the Etiwanda Specific
Plan. (0203-05 ETIW SP)
ORDINANCE NO. 388 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 88-06, ADDING AMBULANCE SERVICES AS A CONDITIONALLY
PERMITTED USE WITHIN THE OFFICE/PROFESSIONAL DISTRICT
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D2. RECOMMENDATION TO ESTABLISH SPEED LIMITS - It is recommended that a speed
limit of 35 MPH be established on Hillside Road from Haven Avenue to Canistel
Avenue, 45 MPH on Base Line Road from Haven Avenue to Spruce Avenue, 45 MPH on
Haven Avenue from 4th Street to Wilson Avenue, and 45 MPH on Etiwanda Avenue
from Highland Avenue to 24th Street° (1141-10 SPEED LIM)
ORDINANCE NO. 389 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE
RANCHO CUCAMONGA CITY CODE, REGARDING PRIMAFACIE SPEED LIMITS
ON CERTAIN CITY STREETS
MOTION: Moved by Buquet, seconded by Alexander to waive full reading of
Ordinance Nos. 388 and 389 and to approve Consent Ordinances. Motion carried
unanimously, 5-0.
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E. ADVERTISED PUBLIC HEARINGS
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January 18, 1989
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El. ENVIRONMENTAL ASSESSMENT AND ANNEXATION 88-03 - CARYN COMPANY (ETIWANDA
HEIGHTS) - A request to annex approximately 303 acres of land located at the
northeast corner of 24th Street (Summit Avenue) and Wardman Bullock Road (LAFCO
2505) - APN 226-082-16, 24-27. Continued from November 16, 1988. Staff report
presented by Brad Buller, City Planner. (0702-02 ANNEXATION)
Councilwoman Wright asked where is the proposed park going to be in this area
which would serve the current Caryn Project as well as the 303 acres? Is this
project contributing to our park fees, and if so, where is the proposal for the
park? Is there one to serve the Caryn Project as well as this project?
Brad Buller, City Planner, responded that there are several park sites in the
Etiwanda North area. The closest park designation is the community park within
Etiwanda. There are no local parks proposed within this project. There is some
excess flood control land to the East border of this project and is reserved
open space.
Councilwoman Wright asked if this is in keeping with the Master Plan we had for
the park system for neighborhood parks.
Brad Buller, City Planner, stated there are a whole collection of various parks
which will be occurring in conjunction with the North Etiwanda Specific Plan.
He was not sure if there has been a determination where the neighborhood park
would be for this development.
Joe Schultz, Community Services Manager, responded that the only park he has
seen so far is the 53 acre northeast community park. That will serve that area
as the Red Hill and Heritage Parks do in their areas. He had seen the Northeast
Etiwanda Specific Plan recently that meets the City standards of 5 acres per
1,000 population.
Councilwoman Wright further asked if there was a neighborhood park within the
distance that has been set to serve the Caryn and this new area?
Joe Schultz, Community Services Manager, responded that from the plans he has
seen, there will be neighborhood parks all around that area. He further stated
that the Caryn project designated fees in lieu of parks in this area. With
that, the City will buy land for a park in the northern area.
Jack Lam, Acting City Manager, stated that the first Caryn Project did have a
small park in it which was negotiated through the County process. However, the
topography did not work out well and the school district stated they wanted more
land after the fact. So in order to accommodate the school district and to
contribute to the City's park program, Caryn Company liquidated their plans
through the park fees. So those park fees are contributed back to the City for
its overall parks program.
He stated that what Mr. Schultz, Community Services Manager, has referred
to as plans for the area deals with future planning which lays out potential
other parks in that northern sphere. This particular proposal before Council
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January 18, 1989
Page 11
has agreed to pay park fees even if the County does not have park fees. In that
respect there is a contribution to the park system, and these fees will come
into the City to help pay for the Etiwanda Park which is on the drawing board.
He further stated that other neighborhood parks are on the drawing boards
for this sphere area. This area is under County control, and there is some talk
about a community plan for a much larger area. That is intended to deal with
some further park planning for the sphere area. So far with all of the
developments in the County area which have been annexed to the City, we have
been able to negotiate a minimum of the park fees which are consistent with the
City standards.
Councilwoman Wright stated that we must be sure we are continuing to collect the
same kind of park fees for these annexations as we are for City development as
well as keep in mind that we have not provided space for a neighborhood park in
that area.
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
RESOLUTION NO. 89-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVINGANNEXATION 88-03 (LAFCO 2503)
CARYN COMPANY, AND ORDERING TERRITORY ANNEXED TO THE CITY OF
RANCHO CUCAMONGA GENERALLY LOCATED AT THE NORTHEAST CORNER OF
24TH STREET AND WARDMAN BULLOCK ROAD AND MAKE FINDINGS IN
SUPPORT THEREOF
MOTION: Moved by Alexander, seconded by Wright to approve Resolution No. 89-
036. Motion carried unanimously, 5-0.
E2. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 88-03 - WHEELER AND
WHEELER ARCHITECTS - Appeal of the Planning Commission's decision approving the
development of a retail center and service station totaling 4,416 square feet
on a 0.63 acres of land in the Community Commercial District (Subarea 2) of the
Foothill Boulevard Specific Plan, located at the southeast corner of Foothill
Boulevard and Vineyard Avenue - APN 208-192-06. Continued from January 4, 1989
meeting. Staff report presented by Scott Murphy, Associate Planner. (0701-06
APPEAL)
RESOLUTION NO. 89-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
88-03 FOR THE DEVELOPMENT OF A RETAIL CENTER AND SERVICE
STATION TOTALING 4,416 SQUARE FEET ON 0.63 ACRES OF LAND IN
THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL
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January 18, 1989
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BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF
FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND RAKING FINDINGS
IN SUPPORT THEREOF
ENVIRONMENTAL ASSESSMENT AND VARIANCE 88-09 - WHEELER AND WHEELER
ARCHITECTS - Appeal of the Planning Commission's decision approving a request
to reduce the required parking setback along Foothill Boulevard from 50 feet to
40 feet and along Vineyard Avenue from 50 feet to 43 feet for a retail center
and service station in the Community Commercial District (Subarea 2) of the
Foothill Boulevard Specific Plan, located at the southeast corner of Foothill
Boulevard and Vineyard Avenue - APN 208-192-06. Continued from January 4, 1989
meeting. Staff report presented by Scott Murphy, Associate Planner.
RESOLUTION NO. 89-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING VARIANCE NO. 88-09 TO REDUCE
THE REQUIRED PARKING SETBACK ALONG FOOTHILL BOULEVARD FROM 50
FEET TO 40 FEET AND ALONG VINEYARD AVENUE FROM 50 FEET TO 43
FEET FOR ARETAIL CENTER AND SERVICE STATION IN THE COMMUNITY
COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD
SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL
BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT
THEREOF
Mayor Stout opened the meeting for public hearing. Addressing Council were:
Barrie Chase, real estate consultant representing Mr. Alex and Mr.
Davenport, partners in the liquor store, 2564 Navarro Drive, Rancho La
Costa, or P.O. Box 1519, Carlsbad, 90028, felt the Planning Department had
done an excellent job in trying to mitigate all the problems, but have not
covered it adequately to protect his principals' interests. Regarding the
driveway and parking lot reconstruction, the appellants are stating they
have full control over the property and will not grant the right-of-entry
for the improvements to be done. The issue of who has control over the
driveway and parking lot reconstruction between the property owner and the
lease holder is not appropriate for the City to decide. It should be
resolved by the two parties.
Regarding the responsibility of the applicant to obtain the
necessary agreements to complete the work, his letter of appeal states
that they do have control which is not reflected in the Resolution. He
felt that his clients as lease-holders have a form of ownership and should
be mentioned in Section 7 of Resolution 89-014.
Regarding traffic, there is a concern for insurance. His clients
would have to bear the cost of any claims. The developer should include
his clients in their settlement before obtaining any building permits.
City Council Minutes
January 18, 1989
Page 13
Their lease does call for an ingress and egress from Vineyard Avenue
for six years and is defined where it is. He felt it was being taken
away.
Norman Meeder, attorney for the applicant, 18400 Von Karmann, Suite 600,
Irvine, CA 92715. He did not feel that the appellant raised any new
issues with respect to the findings of the Planning Commission. They
assert that they are a property owner, but they are not; they are a lease-
holder. He did not feel their comments regarding the lease were
appropriate, but he did refer to the following section of the lease:
"Attendant further agrees to cooperate with all such other tenants to
their mutual advantage to permit free passage across the lease premises
and to erect no obstructions thereon. And also that the parking to be
provided by tenants shall be used in common with any and all adjacent
tenants which may hereafter occupy the adjacent parcels of land personally
owned by lessor." The current owner of their property sold our parcel to
us, just as they did to In-and-Out Burger.
There being no further public input, Mayor Stout closed the public hearing.
Mayor Stout felt that corner has been an eyesore for a long time. There are
three large billboard signs, and this plan eliminates those. There are
considerable traffic problems on the corner which this project helps to
alleviate. It was once appealed by the residents on the south side, and the
driveway was modified in order to mollify the residents to move it away from
their residences. The improvements being placed across the Red Hill Liquor
Store frontage are improvements required by the Foothill Specific Plan. As far
as the jurisdictional issue, it's between the landowners and is not the
jurisdiction of the City to decide.
MOTION: Moved by Stout, seconded by Wright to approve Resolution Nos. 89-
014 and 89-015 which will deny the appeal, sustain the action of the Planning
Commission and establish the conditions. Motion carried unanimously, 5-0.
E3. AN APPEAL OF THE CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 17378 - RODINE
COMPANY - An appeal of five (5) conditions of approval pertaining to utility
undergrounding, street dedications and improvements, emergency access and storm
drain facilities required by the Planning Commission for a residential
subdivision of 18 single family lots on 12.88 acres of land in the Very Low
Residential District (1-2 dwelling unites per acre), located west of Sapphire
Street, south of Almond Street (APN 1061-091-03). (0701-06 APPEAL)
Mayor Stout stated that additional information had been placed before City
Council this evening, entitled "Tentative Tract 17378 Second Supplement to
Appeal from Decision of Planning Commission" consisting of seven pages dated
January 18, 1989.
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City Council Minutes
January 18, 1989
Page 14
James Markman, City Attorney, stated that Council had two options. One, they
could take a recess and read the material, or two, since it was filed at 7:30
p.m., and Council had not had a chance to read the material, the Council could
continue the item.
Councilwoman Wright stated it was her practice not to make a decision on
something if she hadn't read all the material.
Council elected to recess to read the material.
Mayor Stout called a recess at 8:15 p.m. The meeting reconvened at 8:38 p.m.
with all five Councilmembers present.
Staff report was presented by Barrye Hanson, Senior Civil Engineer.
Mayor Stout opened the meeting for public hearing. Addressing Council were:
Allan Donnelley, general counsel for Rodine Company. Mr. Donnelley went
over a new law, Government Code Section 66001. This section talks about
such fees, and about the requirements that any local agency has when they
do pass a fee. A fee established by a Planning Commission policy is not
appropriate. In-lieu fees for undergrounding of utilities must be set by
City Council ordinance; therefore, he feels that the requirement to pay
in-lieu fees is improper and to require actual undergrounding along the
east side of Sapphire, and along the north side of Almond Street is also
improper.
Mr. Harris, lives at the southeast corner where this tract will be going
in, had a concern that they would be putting in earthen culverts which
would not take long to wear out, and because he was at the end, it would
affect him, since that is where the water would go.
James Markman, City Attorney, stated that this type of in-lieu fee is one that
a developer or homeowner puts up as their fair share of the job. In his
opinion, all the criteria set forth in AB 1600 are easily met in this case.
There being no further public input, Mayor Stout closed the public hearing.
MOTION: Moved by Brown, seconded by Alexander to deny the appeal and to add
the following finding:
In any action imposing a fee as a condition of approval of a development
project by local agency on or after January 1, 1989, the local agency
shall determine how there is a reasonable relationship between the amount
of the fee and the cost of the public facility, or portion of the public
facility attributable to the development on which the fee is imposed.
City Council Minutes
January 18, 1989
Page 15
Motion carried unanimously, 5-0.
F. PUBLIC HEARINGS
F1. RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 45 MPH ON 19TH STREET FROM
HAVEN AVENUE TO SAN BENITO AVENUE. Staff report presented by Paul Rougeau,
Senior Civil Engineer. (1141-10 SPEED LIM)
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
City Clerk Authelet read the title of Ordinance No. 390.
ORDINANCE NO. 390 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE
RANCHO CUCAMONGA CITY CODE REGARDING PRIMAFACIE SPEED LIMITS
ON CERTAIN CITY STREETS
MOTION: Moved by Buquet, seconded by Alexander to waive full reading of
Ordinance No. 390 and set second reading for February 1, 1989. Motion carried
unanimously, 5-0.
, , , , ,
F2. MINOR DEVELOPMENT REVIEW 87-71 - COMMERCIAL CARRIERS, INC. - An appeal of
the conditions of approval for the grading and paving of approximately 12 acres
of land for outdoor storage within the Minimum Impact/Heavy Industrial Specific
Plan (Subarea 9) located on the south side of Jersey Boulevard between Utica and
Vincent Avenues. Continued from January 4, 1989. (0701-06 APPEAL)
RESOLUTION NO. 88-704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF MINOR DEVELOPMENT
REVIEW NO. 87-71 LOCATED AT 10807 JERSEY BOULEVARD IN THE
MINIMUM IMPACT/HEAVY INDUSTRIAL DISTRICT (SUBP~REA 9) OF THE
INDUSTRIAL SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT
THEREOF
MOTION: Moved by Alexander, seconded by Buquet to continue this item to
February 1, 1989. Motion carried unanimously, 5-0.
, , , , ,
G. CITY MANAGER'S STAFF REPORTS
(3s)
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City Council Minutes
January 18, 1989
Page 16
(37)
G1. REVIEW OF COMMUNITY TRAIL IMPROVEMENTS ALONG THE WEST SIDE OF SAPPHIRE
STREET, SOUTH OF BANYAN STREET (Referred to them at the October 19, 1988
meeting) Staff report presented by Scott Murphy, Associate Planner. (1404-08
TRAILS)
Mayor Stout opened the meeting for public comments. Addressing Council were:
Linda Valenti, 6278 Marble Street, stated the issue was one of public
safety, and presented petitions signed by 90 people. She also presented
a video of various trails around the City.
Ray Felcher, president of the Alta Loma Riding Club, also presented a
video. He stated the 90 signatures had been received before the fence had
been removed. It was his opinion the fence helped to secure both children
and bikers from the traffic.
Vicki Jackson expressed this was a much safer situation with a fence, that
it was far safer for a child to be bumped by a horse than to be thrown
into the traffic.
Mary Beth Hagenan, wanted the fence to come down for safety reasons.
Mike Haines asked if the City could make a video regarding safety on the
trails, and make it available to the public.
Adrian Young, 8151 Rosebud, stated that as an outsider who did not own a
horse, he felt the comments over alarming.
There being no further public comments, Mayor Stout closed the public hearing.
Councilman Buquet expressed the fences were necessary, but he would like to see
the visibility open up at the intersections.
Councilman Alexander expressed that he had strong feelings about the height of
the fence. He felt it should be lowered, and that the issue could not be
resolved tonight, but felt there could be some compromises made.
Councilwoman Brown agreed with both Councilman Alexander and Councilman Buquet
about lowering the fence and making greater breakpoints. She felt the trails
are appropriate for the area, and felt something could be worked out.
Mayor Stout stated he has seen horses bolt into the street, and felt we needed
to keep the horses on the trail. He felt the Public Safety Commission made a
good recommendation, but felt we should hold off and examine other alternatives
which have been mentioned, and look at this for 120 days to see if the problems
are real or imagined, and to explore other alternatives. He felt that this
should come back to Council at the end of that time.
Councilman Buquet asked if we could compromise to 60 days to allow staff to work
on this.
City Council Minutes
January 18, 1989
Page 17
Councilwoman Wright expressed that she felt this should go to the Trails
Commission, and to the Public Safety Commission for further consideration°
ACTION: Council directed staff to work with residents on this issue; to look
at fence heights and break points; to have the Public Safety Commission review
and present a report back to Council in 60 days.
G2. A PROPOSAL TO DESIGNATE THE BEVERLY HILLS HOUSE, 9786 ARROW HIGHWAY, AS
A LANDMARK - The house is a good example of Spanish Colonial Revival
Architecture typical in Southern California in the 1920's and 30's. It was
moved in 1958 from Beverly Hills to Cucamonga. Staff report presented by Arlene
Banks, Associate Planner. (1402-06 HISTORY)
Mayor Stout opened the meeting for public comments. Addressing Council was:
Jan Graber, owner of the house, stated she was present to answer any
questions.
There being no further public comments, Mayor Stout closed the public hearing.
RESOLUTION NO. 89-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DESIGNATION OF THE BEVERLY
HILLS HOUSE LOCATED AT 9786 ARROW HIGHWAY AS A LANDM/~RK
MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 89-
037. Motion carried unanimously, 5-0.
G3. A PROPOSAL TO DESIGNATE THE ALTA LOMA HEIGHTS CITRUS ASSOCIATION PACKING
HOUSE, 7125 AMETHYST AVENUE, AS A POINT OF HISTORIC INTEREST - Buildings
constructed in 1929 and 1914 were used as a lemon packing house and should be
recognized as having historical importance to the City. Staff report presented
by Arlene Banks, Associate Planner. (1402-06 HISTORY)
Mayor Stout opened the meeting for public comments. Addressing Council was:
Christina Sierra, attorney representing American National Can Company,
expressed that they were not interested in the designation.
There being no further public comments, Mayor Stout closed the public hearing.
(38)
(39)
City Council Minutes
January 18, 1989
Page 18
(4o)
(42)
(43)
RESOLUTION NO. 89-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DESIGNATION OF THE ALTA LOMA
HEIGHTS CITRUS ASSOCIATION PACKING HOUSE LOCATED AT 7125
AMETHYST AVENUE AS A POINT OF HISTORIC INTEREST
MOTION: Moved by Alexander, seconded by Wright to approve Resolution No. 89-
038. Motion carried unanimously, 5-0.
G4. CONSIDERATION TO SUPPORT "WE TIP SCHOOL BULLETIN BOARD" PROGRAM
report presented by Jack Lam, Acting City Manager, and Duane A.
Administrative Assistant. (1180-00 PS RELAT)
Staff
Baker,
MOTION: Moved by Stout, seconded by Buquet to authorize an expenditure of
$300.00 for the project. Motion carried unanimously, 5-0.
G5. DISCUSSION OF CITY OF CARLSBAD'S GROWTH MANAGEMENT PLAN (Brown) (0203-05
GROW MGMT)
Councilwoman Brown stated she had brought this up because it was a crucial time
in the City, that the maintenance of the City should be addressed.
Mayor Stout stated he was overwhelmed when he read the plan. He agreed that we
have a growth management plan, but we have never tied it to services.
Councilwoman Wright stated that one of the major themes during the election was
traffic. She did like the Carlsbad plan because the people could vote on it.
ACTION:
workshop.
Staff to come back with some suggested dates and contents for a
G6. UPDATE ON SPORTS FIELD LIGHTING AT HERITAGE AND RED HILL COMMUNITY PARKS
Staff report presented by Joe Schultz, Community Services Manager. (1404-05
PARK)
ACT ION:
The report was received and filed.
H. COUNCIL BUSINESS
Hi. PARK AND RECREATION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS
TO THE PARK AND RECREATION COMMISSION (0701-01 APOINT P&R)
City Council Minutes
January 18, 1989
Page 19
MOTION: Moved by Alexander, seconded by Buquet to re-appoint the incumbents,
Sam Punter, Molly Mitchell and Pam Henry. Motion carried unanimously, 5-0.
H2. DISCUSSION REGARDING THE RANCHO CUCAMONGA COMMUNITY FOUNDATION Staff
report presented by Jack Lam, Acting City Manager° (0701-01 FOUNDATION)
Mayor Stout stated that there was a discussion in the beginning that the
Foundation would temporarily need some assistance from the City. Since that was
1-1/2 years ago, there should be some point in time where the City determines
whether we are going to continue to provide that assistance.
Mayor Stout opened the meeting for public comments. Addressing Council was:
John Francis, attorney, stated his concept was that while the Foundation
had to have a separate legal identity, he did not perceive the
organization as independent as the Council was talking about.
The City's name is on the Foundation; to separate from the City,
they will have to find another name. The purpose clause in the Articles
identifies that their only purpose is to serve the City. It should be the
Council's agenda which determines if that service is appropriate.
The dissolution clause states that if they dissolve, the City
Council selects the successor to whom the assets would go. He had the
feeling that if you have an organization which is designed to be
supportive of the City, it ought to be supportive of the City° The
concept of having the City Council appoint the Directors is an integral
component of the process. He felt that perhaps he should talk with the
Foundation as to what his perception is of how the organization should
relate to the City.
After considerable discussion, the following action was taken:
ACTION: Mayor Stout suggested that Councilmembers Wright and Alexander talk
to the Foundation about ways to strengthen the Foundation's suppor't of their
original goals on their part and the Council's support on helping them do that
on our end.
(44)
II3. CONSIDERATION OF POTENTIAL ACQUI3ITION OF LAND NORTH OF ARROW ROUTE, WEST
SIDE OF ROCHESTER ITEM H3 PULLED FROM AGENDA.
· , , , , ,
I. IDENTIFICATION OF ITEMS FOR NEXT MEETING
I1. Councilman Buquet requested a report regarding soil control in wind
conditions.
City Council Minutes
January 18, 1989
Page 20
I2. Councilman Buquet requested a report on getting the library hooked into
the City's alarm system.
I3. Councilwoman Wright requested a report on having the Labor Camp graded for
safety reasons.
There were none.
COMMUNICATIONS FROM THE PUBLIC
K. ADJOURNMENT
MOTION: Moved by Brown, seconded by Alexander to adjourn.
unanimously, 5-0. Meeting adjourned at 11:35 p.m.
Motion carried
Respectfull~.su~
~ Au~helet
City Clerk
Approved: March 15, 1989