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HomeMy WebLinkAbout1988/02/03 - Minutes February 3, 1988 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular MeetinR A. ~T.T. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, February 3, 1988, in the Lion's 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: Deborah N. Brown, Charles J. Buquet II, Jeffrey King, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: City Manager, Lauren M. Wasserman; City Attorney, James Markman; City Clerk, Beverly A. Authelet; Assistant City Manager, Robert A. Rizzo; Community Development Director, Jack Lam; City Planner, Brad Bullet; City Engineer, Russell Maguire; Building Official, Jerry Grant; Assistant Civil Engineer, Barbara Krall; Associate Planner, Debra Meier; Assistant Planner, Greg Gage; Community Code Representative Supervisor, Richard Alcorn. B. ANNO~N~RM~NTS/P~ESENTATIONS B1. Mr. Wasserman requested that Consent Calendar Item C21 be continued to February 17, 1988, at the request of the developer, and Item F1 to be considered at the same time as Item E4. B2. Mayor Stout requested that Consent Calendar Item 11 be removed for discussion. C. CONSENT ~AT~NDA.R C1. Approval of Warrants, Register No's. 1/20/88 and 1/27/88 and Payroll ending 1/21/88 for the total amount of $1,051,083.45. C2. Approval to receive and file current Investment Schedule as of January 26, 1988. C3. Alcoholic Beverage Application for Off Sale Beer and Sine, Mohawk Seafood Co., Robert Camell, 10013 E. 8th Street, Suite A. City Council Minutes February 3, 1988 Page 2 (i) (2) (3) (4) (5) (6) (7) (8) CA. Approval of the funding source for participation in the 800 MHZ Radio Frequency Feasibility Study as account number 01-4124-6028. (1205-01 RADIO COM) C5. Approval of the name of the park facility located on Feron, west of Turner, to be "Old Town Park". (1404-06 PARK DEVEL) C6. Approval to name the existing Beryl Park facility as "Beryl Park East" and the ten acre expansion to the facility as "Beryl Park West". (1404-06 PARK DEVEL) C7. Approval for boxing and storage of three (3) mature Olive Trees from the "La Mission" Labor Camp site. Trees to be planted in a future Terra Vista Development park. The park design will incorporate the trees to commemorate the historical past served by the labor camp. (0203-02 TREES) C8. Approval to award and execute Professional Services Agreement (CO 88-11) to prepare plans and contract documents for White Alder Tree Removals in Tract 11934 (Victoria Planned Community) to RJM Design Group. The amount, not to exceed $5,000.00 is to be funded from Landscape Maintenance District No. 2 with a loan from the Beautification Fund. (0602-01 CONTRACT) C9. Approval of Map, Improvement Agreement and Improvement Security for Tract 12902 located at the southwest corner of Hermosa Avenue and Almond Street, submitted by Nordic Woods 11 Ltd., a California Limited Partnership. (0602-01 AGREE IMPR) (1002-09 MAP FINAL) RESOLUTION NO. 88~}41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12902 C10. Approval of Improvement Agreement and Improvement Security for a Traffic Signal located at the intersection of Milliken Avenue and Base Line Road, submitted by Lewis Development Company. (0602-01 AGREE IMPR) (1162-02 TRAF SIGNL) RESOLUTION NO. 88{42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AlPPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRAFFIC SIGNAL AT THE INTERSECTION OF MILLIKEN AVENUE AND BASE LINE ROAD Cll. Approval of the development of an 8.2 acre integrated shopping center consisting of four (4) retail buildings totaling 87,581 square feet in the Community Commercial (CC) District, located at the southeast corner of Foothill City Council Hinutes February 3, 1988 Page 3 Boulevard and Hellman Avenue - APN 208-261-58. ITEM REMOVED FOR DISCUSSION AS REQUESTED BY NAYOR DENNIS L. STOUT. (0203-05 COM DEVEL) RESOLUTION NO. 88~43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 87-16 FOR THE DEVELOPMENT OF AN 8.2 ACRE INTEGRATED SHOPPING CENTER, CONSISTING OF 4 RETAIL BUILDINGS TOTALING 87,581 SQUARE FEET ON PROPERTY WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN, COMMUNITY COMMERCIAL DISTRICT, AND LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND HELLMAN AVENUE IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF C12. Approval to award the bid for the Base Line Road Widening Improvement Project between Archibald Avenue and Hellman Avenue to J.E.G. Construction Company, Incorporated, for the amount of $264,307.15; to be funded from the Systems Fund. (0601-01 BID) C13. Approval of Improvement Agreement and Security and Real Property Improvement Contract and Lien Agreement (CO 88-12) for CUP 86-02, located on the northwest corner of Beryl and 19th Streets, submitted by Community Baptist Church of Alta Loma. (0602-01 AGREE I/L) RESOLUTION NO. 88-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM COMMUNITY BAPTIST CHURCH AND AUTHORIZING THE NAYOR AND CITY CLERK TO SIGN THE SAME RESOLUTION NO. 88~45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 86-02 C14. Approval to accept Real Property Improvement Contract and Lien Agreement (CO 88-13) from Neal S. and Rebecca A. Weeks for a single family residence, located on the west side of Crooked Creek Drive, south of Hillside Road. (0602-01 AGREE I/L) RESOLUTION NO. 88-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT (9) (~o) (~1) City Council Minutes February 3, 1988 Page 4 (15) (~6) CONTRACT AND LIEN AGREEMENT FROM NEAL S. AND REBECCA WEEKS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME C15. Approval to summarily vacate certain drainage easements within the future freeway corridor north of Highland Avenue between Milliken and Rochester Avenue. (1110-18 VACATE ESM) RESOLUTION NO. 88~47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF CERTAIN UNNEEDED EASEMENTS FOR DRAINAGE PURPOSES NORTH OF HIGHLAND AVENUE AND WEST OF ROCHESTER AVENUE C16. Approval of a Subordination Agreement (CO 88-14) 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. 88-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FOR ROLAND L. AND CAROLYN A. TAYLOR AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME C17. Approval to accept Improvements, Release of Bonds and file a Notice of Completion for Tract 13203 located on the northwest corner of Arrow Route and Center Avenue. (0602-01 BOND EEL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $58,000 Accept: Maintenance Guarantee Bond (Street) $ 5,800 RESOLUTION NO. 88~49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13203 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C18. Approval of Revocation, Release Satisfaction and Cancelation of Agreement for Postponement of CC&R's for Tracts 13057 and 13058. (1002-09 CC&R) RESOLUTION NO. 88-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR POSTPONEMENT OF APPROVAL OF CC&R'S FOR TRACTS 13057 AND 13058 City Council Minutes February 3, 1988 Page 5 C19. Approval of Improvement Agreement Extension for Parcel Map 8617 located on the east side of Milliken Avenue north of Highland Avenue, submitted by Marlborough Development. (0602-01 AGREE EXTN) RESOLUTION NO. 88~51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 8617 C20. Approval of Map, Improvement Agreement and Improvement Security for Tract 13275 located between Lemon and Highland Avenues, east of Haven Avenue, submitted by Oxford Development Corporation. (0602-01 AGREE IMPR) RESOLUTION NO. 88~52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13275 C21. Approval of Parcel Map 10972 located between Highland Avenue and Banyan Street and between Milliken Avenue and the Deer Creek Channel, submitted by Ahmanson Developments, Incorporated. (1002-09 MAP PARCEL) ITEM CONTINUED TO FEBRUARY 17, 1988 CITY COUNCIL MEETING AT REQUEST OF DEVELOPER. RESOLUTION NO. 88-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 10972 (TENTATIVE PARCEL MAP NO. 10972) C22. Approval of Parcel Map 11236 located on the north side of Red Oak Street, between Laurel Street and Spruce Avenue and submitted by Barton Development. ( 1002-09 MAP PARCEL) RESOLUTION NO. 88~54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11236 (TENTATIVE PARCEL MAP NO. 11236) C23. Set public hearing for March 2, 1988 - Approval for Amending Map, Tract No. 13058, located south of Highland Avenue, between Fairmont Way and the Deer Creek Channel, submitted by Pulte Home Corporation; a Michigan Corporation. (1002-09 MAP TRACT) (17) (~8) (~9) (20) (21) City Council Minutes February 3, 1988 Page 6 (22) (23) RESOLUTION NO. 88-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AMENDING MAP, TRACT 13058 AND OFFERING A TIME AND PLACE FOR REARING OBJECTIONS THERETO C24. Set public hearing for March 2, 1988 - Approval to Annex Tract No. 13275, located 1200' east of Haven, north side of Highland Avenue, to Landscape Maintenance District No. 1 as Annexation No. 42. (0401-03 LNSCAPE HD) RESOLUTION NO. 88.056 A RESOLUTION OF TRE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 42 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 88.057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 42 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C25. Set public hearing for March 2, 1988 - Approval to Annex Parcel Map 11236 located between Laurel Street and Spruce Avenue north of Red Oak Street to Landscape Maintenance District No. 3 as Annexation No. 14. (0401-03 LNSCAPE MD) RESOLUTION NO. 88-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 14 TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 RESOLUTION NO. 88-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER TRE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 14 TO LANDSCAPE MAINTENANCE DISTRICT NO. 3; PURSUANT TO TRE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO City Council Minutes February 3, 1988 Page 7 C26. Set public hearing for March 2, 1988 - Approval to Annex Tract No. 13275 and Parcel Map No. 11236 (various locations throughout the City) to Street Lighting Maintenance District No. 1 as Annexation No. 37. (0401-03 ST LT MD) RESOLUTION NO. 88~60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 37 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 88~)61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 37 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C27. Set public hearing for March 2, 1988 - Approval to Annex Tract No. 13275 located 1200' east of Haven Avenue, north side of Highland Avenue to Street Lighting Maintenance District No. 2 as Annexation No. 25. (0401-03 ST LT MD) RESOLUTION NO. 88~)62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 25 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 88~)63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 25 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C28. Set public hearing for March 2~ 1988 - Approval to Annex Parcel Map No. 11236 located between Laurel Street and Spruce Avenue, north of Red Oak, to Street Lighting Maintenance District No. 6 as Annexation No. 10. (0401-03 ST LT MD) (24) (25) (26) City Council Minutes February 3, 1988 Page 8 RESOLUTION NO. 88~64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 10 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6 RESOLUTION NO. 88~65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 10 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO MOTION: Moved by Buquet, seconded by King to approve the balance of the Consent Calendar minus Items CI1 and C21. Motion carried unanimously 5-0. Discussion of Item Cll. Approval of the development of an 8.2 acre integrated shopping center consisting of four (4) retail buildings totaling 87,581 square feet in the Community Commercial (CC) District, located at the southeast corner of Foothill Boulevard and Hellman Avenue - APN 208-261-58. (0203-05 COM DEVEL) RESOLUTION NO. 88~43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 87-16 FOR THE DEVELOPMENT OF AN 8.2 ACRE INTEGRATED SHOPPING CENTER, CONSISTING OF 4 RETAIL BUILDINGS TOTALING 87,581 SQUARE FEET ON PROPERTY WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN, COMMUNITY COMMERCIAL DISTRICT, AND LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND HELLMAN AVENUE IN THE CITY OF RANCHO CUCANONGA AND MAKING FINDINGS IN SUPPORT THEREOF Mr. Markman stated staff had prepared a Resolution as directed by Council at the conclusion of the public hearing held at the previous meeting. Mr. Markman further stated that on Page 9 of the Resolution Item 6 should be deleted and Item 7 should be changed to 6 and the paragraph should read, "The City Clerk is hereby directed to certify to the adoption of this Resolution". He reminded Council that the hearing had been closed, and the hearing had not been re- advertized; therefore~ the Council could not hear any further testimony. The only thing before Council for consideration tonight was the Resolution per Council's direction. City Council Minutes February 3, 1988 Page 9 Councilman King stated he had read the transcript of the minutes since he was not at the hearing, and he did not see any reason to re-notice and open up the public hearing unless there was going to be further new input. Councilman Buquet stated this was consistent with past Council actions where Council directed staff to bring back a Resolution confirming Council's position. MOTION: Moved by Buquet, seconded by Brown to approve Resolution No. 88-043. Motion carried by the following vote: AYES: NOES: Brown, Buquet, Stout King, Wright D. CONSENT ORDINANCES City Clerk Authelet read the titles of Ordinance Nos. 335, 336 and 337. D1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 87-10 - CITY OF RANCHO CUCAMONGA - A request to amend the Development District Map from Low Density Residential (2-4 dwelling units per acre) and Medium High Density Residential to General Industrial, Subarea 1, for 4.31 acres of land, located north of 8th, east of Grove Avenue and west of Baker Avenue - APN 207-541-60 and 207-251-12. (0203-09 DD AMEN) ORDINANCE NO. 335 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT CHANGE NO. 87-10, REQUESTING A CHANGE IN THE DISTRICT DESIGNATION FROM MEDIUM-HIGH AND LOW RESIDENTIAL TO INDUSTRIAL SPECIFIC PLAN LOCATED NORTH OF 8TH STREET, EAST OF GROVE AVENUE AND WEST OF BAKER AVENUE - APN 207-541-60 & 207-251-12 ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 87-03- CITY OF RANCHO CUCAMONGA - A request to amend the Industrial Specific Plan to expand Subarea 1 to include 4.31 acres of land generally located east of Grove Avenue, north of 8th Street and west of Baker Avenue - APN 207-541-60 and 207- 251-12. (0203-05 SP AMEND) ORDINANCE NO. 336 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 87-03, REQUESTING AN ADDITION TO SUBAREA ONE LOCATED NORTH OF 8TH STREET, EAST OF GROVE AVENUE AND WEST (27) (28) City Council Minutes February 3, 1988 Page 10 (29) OF BAKER AVENUE - APN 207-541-60 & 207-251-12 D2. CONSIDERATION OF ESTABLISHMENT OF A SPEED LIMIT - Recommendation to establish a 35 MPH speed limit on Lemon Avenue between Sapphire Street and Archibald Avenue. (1141-10 SPEED LIM) ORDINANCE NO. 337 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 10.20.010 AND 10.20,020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN CITY STREETS Councilwoman Wright requested Item number D1 be removed for discussion. MOTION: Moved by King, seconded by Buquet to waive full reading of Ordinance 337 and approve said Ordinance. Motion carried unanimously 5-0. Discussion of Item D1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 87-10 - CITY OF RANCHO CUCAMONGA - A request to amend the Development District Map from Low Density Residential (2-4 dwelling units per acre) and Medium High Density Residential to General Industrial, Subarea 1, for 4.31 acres of land, located north of 8th, east of Grove Avenue and west of Baker Avenue- APN 207-541-60 and 207-251-12. Staff Report presented by Brad Bullet, City Planner. (0203-09 DD AMEN) ORDINANCE NO. 335 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT CHANGE NO. 87-10, REQUESTING A CHANGE IN THE DISTRICT DESIGNATION FROM MEDIUM-HIGH AND LOW RESIDENTIAL TO INDUSTRIAL SPECIFIC PLAN LOCATED NORTH OF 8TH STREET, EAST OF GROVE AVENUE AND WEST OF BAKER AVENUE - APN 207-541-60 & 207-251-12 ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 87-03- CITY OF RANCHO CUCAMONGA - A request to amend the Industrlal Specific Plan to expand Subarea 1 to include 4.31 acres of land generally located east of Grove Avenue, north of 8th Street and west of Baker Avenue - APN 207-541-60 and 207- 251-12. (0203-05 SP AMEND) ORDINANCE NO. 336 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 87-03, REQUESTING AN ADDITION TO SUBAREA ONE LOCATED NORTH OF 8TH STREET~ EAST OF GROVE AVENUE AND WEST City Council Minutes February 3, 1988 Page 11 OF BAKER AVENIlE - APN 207-541-60 & 207-251-12 Mayor Stout opened the meeting for public comment. Addressing Council was: Carolyn Krouse, 8351 Chaffey Street, Rancho Cucamonga, representing a majority of the residents in the neighborhood. They did not feel the City showed enough interest in the residents in the southwest portion of the City. They were concerned with the buildlng design and permitted uses, landscape which would compllment the residential area, visual quality of the streetscapes, and the problem of grafflti. They wanted to have included in the permitted uses the following: Administrative Offices; Professlonal and Design Services; Financlal~ Insurance, and Real Estate Services; Personal Services; Business and Support Services; Recreational Facilities; and Professlonal Offices. There being no further public input, Mayor Stout closed the meeting. Councilman Buquet suggested that we consider only the portions owned by the City have staff do the necessary work to put in place the restrictions which were discussed early, and notify the private property owners that we did not consider their parcel as part of the change. He stated further we can then invite them, if they wish to pursue this, to come in and talk with staff; with the idea in mind that a Development Agreement be entered into on those sites. Councilman King stated he felt more comfortable, at the present time, if we dropped this for now. If someone was interested at a later time, then we could enter into a Development Agreement at that time. Councilwoman Wright expressed that we should deal with the issue now because the current zoning was not acceptable. The area did need to be changed~ and it needs to be done while we have the input and the interest of the citizens of that area. There was concern because the neighbors were not aware that the property to the east had been zoned industrial. Since they are now aware and want to give their input, we need to act on it now. She was in favor of listing the permitted uses in the CC&R*s with the input of the neighborhood residents. She further concurred the property should be split. Councilwoman Brown expressed she did not feel the property should be split. It would not be a saleable piece of property and if too many restrictions were placed on it, it might not sell. Mayor Stout felt something should be done now. Mr. Bullet, City Planner, suggested the item return to the Planning Commission for an evaluation of the resident's proposal since the Planning Commission did not consider splitting the properties. City Council Minutes February 3, 1988 Page 12 (30) Mr. Markman, City Attorney, read the amended titles of Ordinance Nos. 335 and 336 for a new first reading. ORDINANCE NO. 335 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~ANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT CHANGE NO. 87-10, REQUESTING A CHANGE IN THE DISTRICT DESIGNATION FROM MEDIUM-HIGH AND LOW RESIDENTIAL TO INDUSTRIAL SPECIFIC PLAN LOCATED NORTH OF 8TH STREET AND WEST OF BAKER AVENUE- APN 207-541-60 ORDINANCE NO. 336 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 87-03, REQUESTING AN ADDITION TO SUBAREA ONE LOCATED NORTH OF 8TH STREET AND WEST OF BAKER AVENUE -APN 207-541-60 MOTION: Moved by King, seconded by Buquet to waive full reading of the amended Ordinance Nos. 335 and 336, and set second reading for February 17, 1988. Motion carried unanimously 5-0. Mayor Stout called a recess at 8|15 P.M. with all members of the Council present. The meeting reconvened at 8:25 P.M. E. ADVERTISED PUBLIC HEARIN~ El. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 87-05 - APPEAL - CROSS AND CROWN LUTHERAN CHURCH - An appeal with respect to the use of roof tile and the completion of Vista Street with a temporary cul-de-sac, for the development of a 4,900 square foot sanctuary building and a 2,300 square foot office and classroom building on 5 acres of land in the Very Low Residential District (less than 2 dwelling units per acre) of the Etiwanda Specific Plan, located at 6723 Etiwanda Avenue - APN 227-061-03. (Continued from January 6, 1988.) Staff reports presented by Debra Meier, Associate Planner, regarding the roof tile and by Barbara Krall, Assistant Civil Engineer, regarding Vista Street. (0701-06 APPEAL) Mayor Stout opened the meeting for public hearing. Addressing Council were: William Ryan of William Ryan, Inc., designer of the church, stated they were appealing the use of roof tile because they felt that wood shake would City Council Minutes February 3, 1988 Page 13 fit the architectural design better. He presented a compromise material for roofing material called "talehake" which was a cement product which had the appearance of the woodshake. Councilman Buquet asked if staff could look at this materlal and give an evaluation. Mr. Bullet, City Planner, stated the Planning Connission had not seen this and it had not been used in the City before. Councilman King asked what the difference in the financial impact would be if Vista Street were curved. Staff responded probably a few hundred dollars. Dave Long, 13021 Vista Street, owner of the house adjacent to the church property, stated he had no objections to having the street finished as the church wanted. He did have some concerns, however, if a wall were installed at the end of the street. There was a windrow there and if the wall were built in such a way to create a space in between which would collect trash, he would have objections. There being no further public input, Mayor Stout closed the public hearing. Discussion followed by the Council regarding the Calshake material. Grant~ Building Official, was present and answered questions by Council. Jerry MOTION: Moved by Buquet, seconded by King to do the cul-de-sac section with the church providing the cost of the street curb and refer the matter of the roofing material to Design Review. If the material is not approved by Design Review then they could come back to the City Council for consideration. Motion carried unanimously 5-0. E2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 86-27 - CALIFORNIA FINISHED METALS - Appeal of the Planning Commnission's decision requiring undergroundlng of existing overhead utilities along 7th Street for a proposed warehouse addition in the General Industrial District (Subarea 5) located on the southeast corner of Center Avenue and 7th Street - APN 209-262-13. (Continued from January 20, 1988.) ITEM HAD BEEN WITHDRAWN BY THE APPLICANT. (0701-06 APPEAL) E3. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 88-01 - CITY OF RANCHO CUCAMONGA - An amendment to Section 17.10.030G2 of the Development Code pertaining to parking lot and sidewalk sales. Staff report presented by Richard Alcorn, Community Code Representative Supervisor. (0203-03 DC AMEND) (32) City Council Minutes February 3, 1988 Page 14 (33) (34) 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. 338. ORDINANCE NO. 338 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTION 17.10.030G2 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO PARKING LOT AND SIDEWALK SALES MOTION: Moved by King, seconded by Wright to waive full reading of Ordinance No. 338 and set second reading for February 17, 1988. Motion carried unanimously 5-0. E4. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 87-04- GENERAL DYNAMICS - An amendment to the Access/Circulation Plan for the Industrial Area Specific Plan (Subarea 10) to eliminate Cleveland Avenue, north of 7th Street - APN 209-272-02. Staff report presented by Greg Gage, Assistant Planner. (0203-05 SP AMEND) 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. 339. ORDINANCE NO. 339 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN (I.S.P.) AMENDMENT 87-04 REQUESTING THAT CLEVELAND AVENUE (NORTH OF 7TH STREET) BE DELETED FROM THE INDUSTRIAL SPECIFIC PLAN MOTION: Moved by King, seconded by Brown to waive full reading of Ordinance No. 339 and set second reading for February 17, 1988. Motion carried unanimously 5-0. E5. ORDERING THE WORK IN CONNECTION WITH: Wasserman~ City Manager. Staff report presented by Lauren As ANNEXATION NO. 35 FOR TRACT NOS. 13440, 13441, 13442, 13445, PARCEL MAP 10617, DR 87-21, DR 87-15 AND DR 87-09 (VARIOUS LOCATIONS City Council Minutes February 3, 1988 Page 15 THROUGHOUT THE CITY) TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1. (0401-03 ST LT MD) RESOLUTION NO. 88.866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 35 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13440, 13441, 13442, 13445, PARCEL MAP 10617, DR 87-21, DR 87-15 AND DR 87-09 ANNEXATION NO. 7 FOR TRACT NOS. 13440, 13441, 13442, 13444, AND 13445, (VICTORIA) TO STREET LIGHTING MAINTENANCE DISTRICT NO. 3. (0401-03 ST LT MD) RESOLUTION NO. 88.867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 7 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13440, 13441, 13442, TR 13444 AND 13445 ANNEXATION NO. 8 FOR PARCEL MAP 10617, DR 87-21, DR 87-15 AND DR 87-09 (VARIOUS LOCATIONS THROUGHOUT THE CITY) TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6. (0401-03 ST LT M1)) RESOLUTION NO. 88-868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 8 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 6 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR PARCEL MAP 10617, DR 87-21, DR 87-15, AND DR 87-09 ANNEXATION NO. 12 FOR PARCEL MAP 10617, DR 87-21, DR 87-15 AND DR 87- 09 AND MDR 86-24 (INDUSTRIAL COMMERCIAL) TO LANDSCAPE MAINTENANCE DISTRICT NO. 3. (0401-03 LNSCAPE MD) RESOLUTION NO. 88.869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN (35) (36) (37) City Council Minutes February 3, 1988 Page 16 (38) (39) (4o) CONNECTION WITH ANNEXATION NO. 12 TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR PARCEL MAP 10617, DR 87-21, DR 87-15 AND DR 87-09 AND MDR 86-24 MOTION: Moved by King, seconded by Stout to approve Resolution Nos. 88-066, 88- 067, 88-068 and 88-069. Motion carried unanimously 5-0. F. PUBLIC ltEARI. NC_~ FI. SUMMARY VACATION OF CLEVELAND AVENUE BETWEEN 7TH STREET AND THE A.T. & S.F. RAILROAD (V-069) - located between Milllken Avenue and Haven Avenue, in connection with Amendment (87-04) to the Access/Circulation Plan for the Industrial Area Specific Plan to eliminate Cleveland Avenue. Staff report presented by Greg Gage, Assistant Planner. (1110-18 VACATE ST) RESOLUTION NO. 88~)70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF CLEVELAND AVENUE BETWEEN 7TH STREET AND THE A.T. & S.F. RAILROAD Mr. Markman, City Attorney, pointed out the Resolution needed to be changed and become effective thirty (30) days after the adoption of Ordinance No. 339. MOTION: Moved by Stout, seconded by King to continue for further consideration to February 17, 1988 to be heard along with Environmental Assessment and Industrial Specific Plan Amendment 87-004 - General Dynamics. Motion carried unanimously 5-0. C. CITY MAMACEil' S STAFF RKPOETS G1. FOLLOW UP REPORT ON DUST CONTROL ISSUES - Northview Drive, Tetra Vista. (Continued from January 20, 1988.) (1403-01 DUST COME) Staff report presented by Jerry Grant, Building Official. ACTION: Council directed the City Attorney to send a letter to the Dust Control Board regarding our removal from the district. G2. STATUS REPORT ON CITY "IN HOUSE" RECYCLING. (1170-04 RECYCLE) report presented by Diane O'Neal, Administrative Intern. Staff City Council M_inutes February 3, 1988 Page 17 ACTION: Council received and filed report. G3. STATUS REPORT ON ASSET FORFEITURES IN DRUG RELATED CASES. SHERIFF} Staff report presented by Lauren Wasserman, City Manager. (1301-00 Mr. Wasserman stated that he should meet with the Sheriff regarding the funds. We were close to an agreement, but details still need to be worked out. ACTION: Council concurred and received and filed report, H; COUNCIL BUSINESS H1. ADVISORY COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE ADVISORY COMMISSION. {0701-01 COMMISSON) MOTION: Moved by King, seconded by Stout to approve the Subcommittee's recommendations of: James Campbell, representing Alta Loma, term expiring 12/89 George Leimann, representing Cucamonga, term expiring 12/89 Andy Solorzano, representing Etiwanda, term expiring 12/89 Ray McIlvain, at large, term expiring 12/89 Patricia Gearhart, at large, term expiring 12/89: Filling an unexpired term was: Tiina Ross, at large, term expiring 12/88. Motion carried unanimously 5-0. H2. HISTORIC PRESERVATION COMMISSION SUBCOMMITTEE TO MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION. {0701-01 COMMISSION) MOTION: Moved by King, seconded by Buquet to approve the foll owing appointments: Bob Schmidt Melicent Arner Marsha Banks Alan Haskvitz to fill the unexpired term of Maxine Strane. Motion carried unanimously 5-0. *** *** (4~) (42) (43) City Council Minutes February 3, 1988 Page 18 <44) H3. STATUS REPORT ON WEST END COALITION BY BROWN (0701-01 COMMITTEE) ACTION: Council received and filed report: IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilwoman Brown requested that the responsibility for Disaster Preparedness be placed on the February 17, 1988 Agenda for consideration transferring the responsibility from the Public Safety Commission to the City Council. THERE WERE NONE. *** *** COMMUNICATIONS FROM THE PUBLIC K: ADJOURNNENT MOTION: Moved by King, seconded by Buquet to adjourn to a joint meeting with the Planning Commission on Tuesday, February 16, 1988 at the Magic Lamp. Motion carried unanimously 5-0. Meeting adjourned at 9:50 P.M. Respectfully ~.mi~ ' B~Authj1 et City Clerk Approved: February 17, 1988 mCERTIFIED COURT REPORTERS Barrett, Dawson · Meiman CERTIFIED COPY CITY OF RANCHO CUCAMONGA CITY COUNCIL ADOPTION OF RESOLUTION 88-043 Date: Wednesday, February 3, 1988 Time: 7:30 p.m. Location: Lions Park Community Center Council Chambers 9161 Base Line Road Ran~ho Cucamonga, California Reporter.: Mary Neal., Certified Shorthand Reporter Certificate No, 6346 1630 E. Palm Street Santa Arm, CA 92701 '"!4) 558-9400 -3) 637-3550 APPEARANCES RANCHO CUCAMONGA CITY COUNCIL: DENNIS L. STOUT, Mayor PAMELA J. WRIGHT, Mayor Pro Tem DEBORAH J. BROWN, Councilmember CHARLES J. BUQUET, Councilmember JEFFREY KING, Councilmember STAFF: LAUREN M. WASSERMAN, City Manager JAMES L. MARE, City Attorney BRAD BULLER, City Planner JACK LAM, Community Development Director RUSSELL H. MAGUIRE, City Engineer DEBBIE ADAMS, Deputy City Clerk (714) 558-9400 (213) 637-3550 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wednesday, February 3, 1988 Rancho Cucamonga, California MAYOR STOUT: Item 11. MR. MARKMAN: On Item 11, per the Council's direction,.Staff has prepared proposed Resolution 88-043 following the conclusion of the NuWest hearing. I do want to indicate that Paragraph 6 of the proposed Resolution ought to be removed, as that statute of limitations provision does not apply in this situation. Paragraph 7 would become 6. I should hand this to the City Clerk -- this is by directive -- to certify it as the adoption of this Resolution. The rest of that interrelates with the removed paragraph. Other than that, I'd like to remind the Council that the hearing has been closed. The testimony is in. The hearing has not been readvertised. It would be improper to take further testimony. This has been prepared per the Council direction so that you can discuss the conditions that were added and either keep them as is or not at your direction. MAYOR STOUT: You've indicated that the public hearing is closed, and there can be no further testimony? MR. MARKMAN: That is correct. We have closed the hearing. It hasn't been readvertised or renoticed. No (714) 558-9400 (213) 637-3550 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR PRO TEM WRIGHT: Does the fact that it was advertised as part of the consent calendar then not make a difference? MR. MARKMAN: No. As I said, the action item is the presentation to the Council of the Resolution you directed on the three/one vote the last time. So the item to consider is the Resolution as is or as you would wish to amend it. The item on the agenda is not further public testimony on this project. That's why I'm indicating we have a complete record of all the input, oral and written, on this item at a properly noticed hearing. We want to keep it that way. That would be the procedure any time you have closed the hearing and simply directed the preparation of the resolution. Other types of items on the consent calendar that really aren't hearing items, you can discuss or not discuss or take input as you would. MAYOR PRO TEM WRIGHT: Thank you. COUNCILMEMBER BUQUET: Just for clarification, it appears to me what you're saying is that if this were an ordinance, it would be listed under our consent ordinances; but I guess by virtue of it being a Resolution or otherwise, it was listed on the consent calendar rather than under the consent ordinance category. MR. MARKMAN: Yes, it is not an ordinance, first of (714) 558-9400 (213) 637-3550 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one is on notice that it would be reopened or the people could give you more input prior to making your decision. The only thing before you is the action on the Resolution per your directire as you want to discuss and amend the conditions or leave it as is. MAYOR STOUT: All right. MAYOR PRO TEM WRIGHT: I have a question about that. MAYOR STOUT: Yes. MAYOR PRO TEM WRIGHT: Does that pertain to this kind of an item individually on our consent agenda or merely because it's on the consent calendar? MR. MARKMAN: It pertains to any item that was previously a noticed, advertised public hearing where people came and testified. The hearing was closed. It wasn't readvertised. It wasn't left open and continued for a discussion on the Resolution. It wasn't the fact that it is on the consent calendar. That probably was an error. It's the fact that there was a hearing. It was advertised and noticed. People were heard. It was closed rather than continued. The point being that somebody who may have wanted to give other input had no notice that there would be any other input to be received by way of testimony, if you follow me. ~FIED COURT REPORTERS (714) 558-9400 (213) 637-3550 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 renoticed, readvertised and started all over again in essence. So the hearing was closed. When it's closed, it's closed. You can reopen, but not tonight. You'd have to start all over again with the notice proceeding, if you felt the need to do that. MAYOR STOUT: What is the desire of the Council? COUNCILMEMBER KING: I have looked through the transcript. I did not sit through all of the public input last time. If there is going to be new and additional input -- I don't agree with the Resolution we have before us, but I don't see any sense in necessarily going forward and reopening the whole thing for public input again if there's not going to be some new and additional input other than what we have before us. So although I don't agree with the Resolution and intend to vote against it, I don't want to necessarily move that we readvertise for a public hearing just for the sake of delaying or for some other purpose. I was not here for the last three hours or four hours that the Council sat through the public input. Whether or not the Council feels as a whole that new testimony can be generated, I don't know. There's no reason to open it up again and go through the same process again if we're not going to get some new stuff. (714) 558-9400 (213) 637-3550 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all. What it probably should have been would have been a new business item to consider the Resolution only. It's not proper to take information that should have come in at a hearing which was closed where everybody could have notice and the opportunity to speak again or prepare for rebuttal or however you want to look at it. It's just like a trial closing. The two parties rest, then deliberation and a decision. That's where we are at at this point in this process. COUNCILMEMBER BUQUET: In the event that the Council were to take public testimony at this time, what could be the problem with that? MR. MARKMAN: The problem with that is we have a record leading to your decision. Your decision has to be supported by findings, which in turn are supported by the evidence presented at the hearing. If you take other input and then make the decision, and it wasn't input generated through the hearing process before the hearing was closed, then it's difficult to establish the basis of your decision being those matters on the record. If reviewed in court, the court is limited in the type of proceeding to reviewing the record before the Council. The record would be muddied seriously certainly if further testimony were taken tonight without having C~RTIFIED COURT- REPORTERS (714) 558-9400 (213) 637-3550 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MARKMAN: I would ask you to take a roll-call vote, because the court reporter cannot transcribe a voice MAYOR STOUT: Will the Clerk call the roll. TEE CLERK: Brown. COUNCILMEMBER BROWN: Aye. THE CLERK: Buquet. COUNCILMEMBER BUQUET: Aye. TEE CLERK: Stout. MAYOR STOUT: Aye. TEE CLERK: King. COUNCILMEMBER KING: No. TEE CLERK: Wright. MAYOR PRO TEM WRIGHT: No. MAYOR STOUT: Record the vote as given. (END OF COUNCIL PROCEEDING.) vote. CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR STOUT: DO you want to take action on the Resolution tonight? COUNCILMEMBER BUQUET: I believe it's consistent with cases in the past where we have held a public hearing and the Council has directed Staff to bring back a Resolution for a Council action after a consensus was reached or a determination was made. I don't see where this is significantly different from those other circumstances. I concur, in essence, with what Councilman King alluded to as far as not wanting to reopen it just for the sake of rehashing the issue. The public hearing was the last meeting. It's all on record. A direction was made by the Council, and we are here to review the Resolution and either make approval of or disapproval of that Resolution. I think that is actually the matter that is before us tonight. MAYOR STOUT: Does someone care to make a motion on the Resolution? COUNCILMEMBER BUQUET: I move approval of Resolution 88-043. COUNCILMEMBER BROWN: Second. MAYOR STOUT: It's been moved by Buquet, seconded by Brown to approve Resolution 88-043. All those in favor? CERTIFIED COURT REPORTERS (714) 558-9400 (213) 637-3550 8 1 2 3 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REPORTER' S 'CERTIFICATE 5 6 I, 3~ ~i , a Certified 7 Shorthand Reporter and a Notary Public of the State of 8 California with principal office in the County of Orange, do 9 hereby certify that the foregoing proceeding was written by ]0 me in Stenotypy, and transcribed into typewriting and that the foregoing is a true and correct copy of my shorthand notes thereof. ated: FFR 8 198 BM CERTIFIED COURT REPORTERS Ilffltt, Dirtmeet · Ilelmmt 1630 Eat PiIm Street · Santa Ana, California 92701 (714) 558~ · (213)