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HomeMy WebLinkAbout1986/02/05 - Minutes February 5 CITY OF R~CBO CUCA/4ONGA CITY COONCIL MINUTES Re.2ular Meeting CALL TO ORDER A regular meeting of the City Council of the City of Rancbo Cucamonga met on Wednesday, February 5,198~, in the Lions Park Conmmnity Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: Pamela J. Wright, Richard M. Dahl, Jeffrey King, and Mayor Jon D. Mikeis. Also present were: City Manager, Lauren M. Wassermen; City Clerk, Beverly A. Authelet; City Attorney, James Markman; Assistant City Manager, Robert Rizzo; Comm, nity Development Director, Jack Lam; City Engineer, Lloyd Hubbe; Community Services Director, Bill HUlley; and Jim Hart, Administrative Services Director. Absent: Charles J.' Buquet II (out of town on business). Approval of Minutes: MOTION: Moved by King, seconded by Dahl to approve the minutes of December 4, 1985, December 18, 1985, January 2,198~, and January 15,198~. Motion carried unanimously 5-0. 2. ANNOONCEM~eTS/PRESENT~TIONS 2A. Thursday, February 6,198~ - 7:00 p.m. - HISTORIC PRESERVATION COMMISSION- Lions Park Com~-,nity Center, 9161 Base Line Road. 2B. Wednesday, February 12,198~ - 7:30 p.m. - PLAI~NING COMHISSIO!e - Lions Park Community Center, 916 1 Base Line Road. 2C, Thursday, February 20, 198~ - 7:30 p.m. - PARK DEVELOPMENT COMMISSION - Lions Park Commanity Center, 9161 Base Line Road. 2D. Thursday, February 27,198~ - 7:30 p.m. - JOINT ADVISORY COmMISSION/CITY COUNCIL - Lions Park Community Center, 9161 Base Line Road. 2E. Mr. Wasserman, City ~anager, announced that the City has no liability insurance although we were trying to find insurance. 2F. Councilnmn Dahl requested addition of three items: (1) Fourth Street Rock Crushing problem; (2) Proposed Resolution of Intent; (3) Progress report on the library. 3. CONSENT C~x. ENDAR Mr. Wasserman requested that Consent items 31 and 3M be removed. Mayor Mikels requested that Consent item 3W be removed for discussion. 3A. Approval of Warrants, Register No's. 2-05-8~ and Payroll ending 1-19-8~ for the total amount of $2,288,636.78. 3B. Approval to receive and file current Investment Schedule as of January 198~. 3C. Alcoholic Beverage Application NO. ABB~-O1 for On-Sale Beer & Wine Bating Place License, Rocky's New York Pizzeria, Mosyedi-Nia, Mahmoud and Mosyedoddin, a. Saeed, ~15 Foothill Boulevard. (0~09-04 ALCOHOL) (~) City Council Minutes February 5, 1986 Page 2 (2) 3D. Approval to forward Claim (CL86-08) against the City by Southern Pacific Transportation Company for an automobile/train accident at the railroad crossing on East Avenue betveen Victoria and Base Line Avenues to insurance carrier. (0704-06 CLAIM) (3) (4) (s) 3E. Approval to forward Claim (CL86-09) against the City by Jack Carpenter for automobile damage on Foothill Boulevard to insurance carrier. (0704-06 CLAIM) 3F. Approval of Street FrontaSe Improvement A~reement between Clara Sundland and the City of Rancho Cucamonga for street and frontage improvements at 7407 Vineyard Avenue. (0602-01 AGREE IMPROVEMENT) 3G, Approval to adopt a resolution releasing the Street Frontage Lien Agreement between the City of Rancho Cucamonga and Cbristine L. Steiger as all conditions for said agreemeat have been fulliliad. (0602-01 AGREE LIEN) RESOLUTIO~ NO. 86-05 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF RANCEO CUCANONCA, CALIFORNIA, RELEASING A STREET FRONTAGE CONSTRUCTIO~ LIEN AGREENENT BETWEEN CRRISTINE L. STEICER AND T~R CITY OF RANCHO CUCANO~CA (6) 3 H, Approve additional $16,500,00' for hompletion of the Carnelian Avenue Eeautification Project (CO85-088, Artistic Landscape). Additional monies to come out of Beautification Fend. (0602-01 CONTRACT) 3I. Approval of Tract Map, Improvement Agreement and Improvement Security for Tract Eo, 11~26, located on the north side of Almond Street at Beryl Street subsitted by John W. MotEs Incorporated. (Item removed to be discussed after itmm 4F). RESOLUTION NO. 86-06 (7) (s) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL NAP OF TRACT NO. 11626 3J. Approval of Joint Os~Agreement between Southern Callfornia Edison Company (CO86-05) and the City of Rancho Cucamenga in conjunction with undergrounding of overbad utilities of Base Line, east of Archibald. (0602-01 AGREE JOINT USE) RESOLUTION NO. 8~-07 A RESOLUTION OF TEE CITY COUNCIL OF THB CITY OF RANClIO CUCANONGA, CALIFORNIA, APPROVINC A JOINT USE AGREEMENT BETWEEN TlIE CITY AND TEE SOUTHERN CALIFORNIA EDISON COMPANY (9) (lO) 3K. Approval (~) of Professional Services Contract (C086-06) with Willdan Associates to complete Assessment Engineering on Annexation 86-1 to Comsmnity Facilities District No. 84-1 (Day Creek). Contract not to exceed $16,598 to be funded from District funds. (0602-01 CONTRACT) (0401-03 CON FAt DISTRICT) 3L. Approval of Tract Maps, Improvement Agreements and Improvement Securities for Tract 12802, -1, -2, -3, -~, -5 and -6 located in Tetra Vista Planned Comtmnity submitted by Lewis Homes of California, a general partnership. (0602-01 AGREE IMPROVEMENT) (1002-09 MAP TRACT) RESOLUTION NO. 86-08 A RESOLUTION OF TlIE CITY COUNCIL OF THE CITY OF RAHCSO CUCANONGA, CALIFOENIA, APPROVINC IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND FINAL HAP OF TRACT NOS. 12802, -1 THRU -6 3M. Approval of Tract Map, Improvement Agreement and Improvement Security for Tract No. 10827-1 located between Hermosa Avenue and Haven Avenue, south of Wilson Avenue submitted by First Nationwide Network Mortgage Company. (Item reinroved), City Council Minutes February 5, 1986 Page 3 RESOLUTION NO. 86-09 A RESOLUTION OF TaR CITY COUNCIL OF TNE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 10827-1 3N. Approval of Improvement Extension Aareement and Improvement Security for Tract No. 10045 located on the northwest corner of Bidden Farm Road and Haven Avenue. (0602-01 AGREE IMPROVEMENT) RESOLUTION NO. 86-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANGNU CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 10045 30. Approval of Tract Map, Improvemen= A~reement and Improvement Security for Trac~ 12673 located at ~be nortbeast corner of Church Screet and Terra Vista Parkway submitted by Western Proper=ies, a general partnership. (0602-01 AGREE IMPROVEMENT) (1002-09 MAP TRACT) RESOLUTION NO. 86-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCBO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVENENT SECURITY AND FINAL MAP OF TRACT NO. 12673 3P, Approval of Improvemen~ Extension A~reement Parcel Map 5795 located on ~be south side of AGREE IMPROVENENT) and Improvement Security for Wilson at Mayberry. (0602-01 RESOLUTION NO. 86-12 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 5795 3Q* Approval to advertise for construction bids for both Turner Avenue and Nortb Town - Phase IV Improvements and to set a public hearing date for possible Reprogrsmming of existing unallocated Community Development Block Gran~ Funding. (0601-01 BID) (0203-04 CDBG) RESOLUTION NO. 86-13 A RESOLUTION OF TEE CITY COUNCIL OF TBB CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR BOTH **TURNER AVENUE AND NORTH TOWN PHASE IV IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 3R. Approval of resolution to approve the Plans and Specifications for Phase I of the 1985-86 Residential Street Rehabilicacion (slurry seal) Program and authorizing and directing the City Clerk to advertise to receive bids. (0601-01 BID) RESOLUTION NO. 86-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCBO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR **RESIDENTIAL STREET REHABILITATION, 1985-86, (PHASE I)", IN SAID CITY AND AUTHORIZING AND DIRECTING CITY CLERK TO ADVERTISE TO RECEIVE RIDS 3S. Approval of Parcel Map 9020 located on the south side of Seventh Street and the west side of Archibald Avenue submitted by Leland Scheu. (1002-09 MAP PARCEL) (13)(1, (~6)(1~ (18) (~9) City Council Minutes February 5, 1986 Page 6, (2o) (21) (22) (23) (24) RESOLUTION NO. 86-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCSO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 9020 (TENTATIVE PARCEL NAP NO. 9020) 3T. Approval to release bonds and file a Notice of Completion for the following: (0602-01 BOND RELEASE) Ora~2ewood Townhouse J~partr-nts (D.R. 83-18) Faithful Performance Bond (Road) $14,000.00 RESOLUTION NO. 86-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D. R. 83-18 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Crls--r Develnp~nt Corporation (Tract 9434} Faithful Performance Bond (Wall) $ 5,000.00 Sueco Plastics Faithful Performance Bond $ 3,500.00 Lewis DeveloRS-n~ Co. (Parcel M%p 8063. Parcel 2) Faithful Performance Bond (Road) $13,000.00 3U, Approval of amendsent to Deferred Compensation Plan (CO191), Glendale Federal Savings and Loan) appointing Administrative Services Director of serve as Administrator. (0602-01 CONTRACT) RESOLUTION NO. 79-79C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCBO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 79-7 9 AN EMPLOYEES DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGF~ZBMENTS RELATED TO SAID PLAN (25) 3V. Approval of resolution urging the legislature to enact legislation requiring seat belts for school buses. (0701-01 LEGISLATION) (26) (27) RESOLUTION NO. 86-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, URGING TEAT THE CALIFORNIA LEGISLATURE ENACT LRGISLATION RF~UIRING THE INSTALLATION AND USE OF SEAT BELTS IN SCHOOL BUSES AND BUSES HIRED TO TRANSPORT STUDENTS Approval to seek proposals for the Master Plan Design Program for Rancho Cucasonga City Park. (Item tesswee far discusmiss) 3X. Approval of intention to annex Tract 12650-1 to Landscape Maintenance District No. I as Annexation No. 27 and setting the date of Public Hearing for March 5, 1986. (0401-03 LANDSCAPE MD) RESOLUTION NO. 86 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENCINBBR°S REPORT FOR ANNEXATION NO. 27 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 86-19 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 City Council Minutes February 5, 1986 Page 5 ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 27 TO LANDSCAPE MAINTENANCE DISTRICT NO. I; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR REARING OBJECTIONS THERETO 3Y. Approval of intention to annex Tracts 12590, 12670, -1 and -4, 12672 and 12319, -1 tbru -8 (Tetra Vista Planned Commnity) to Landscape Maintenance District No. 4 as Annexation No. 2 and to Street Lighting Maintenance District No. 4 as Annexation No. 2 and setting the date of public hearing for February 19, 1986. (0401-03 LANDSCAPE MD) (0401-03 ST LItliT MD) RESOLUTION NO. 86-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA OF PRELIMINARY APPROVAL OF CITY RNCINEER'S REPORT FOR ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. ~ (TERRA VISTA PLANNED COMMUNITY) RESOLUTION NO. 8~-21 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. 4 (TEIIRA VISTA PLANNED COMMUNITY), AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 8~-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA OF PRELIMINARY APPROVAL OF CITY ENGINEER°S REPORT FOR ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERBA VISTA PLANNED COMMUNITY) RESOLUTION NO. 86-23 A RESOLUTION OF ~ THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 4; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 3Z. Approval of intention to Annex Tracts 12830, 10210, 12801-2, 12914, 12922, 11853 to Landscape Maintenance District No. 1 as Annexation No. 26 and setting the date for public bearing for March 5, 1986. (0401-03 LANDSCAPE MD) RESOLUTION NO. 86-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY RNGINEKR'S REPORT FOR ANNEXATION NO. 26 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 86-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 26 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 City Council Minutes February 5, 1986 Page 6 (34) (35) (36) (37) (38) (39) (4o) 3AA. Approval of intention to Annex Tract Nos. 11853, 12922, 12801-2, 12650-1, D.R. 84-51 and Parcel Hap 9318 and 9204 to Street Lighting Maintenance District No. 1 as Annexation No. 14 and Tract Nos. 12922, 12801-2 12650-1, D.R. 84-51 and Parcel Map 9318 to Street Lighting District No. 2 as Annexation No. 12 and setting the public bearing for March 5, 1986. (0401-O3 ST LIG ET MD) RESOLUTION N0.86-26 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOBIqlA, OF PRELIMINARY APPROVAL OF CITY ENCINEER'S REPORT FOR ANNEXATION N0. 14 TO STREET LIGHTING MAINT~qANCE DISTRICT NO. I RESOLUTION NO. 8~-27 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCSO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGRTI]qG MAINTENANCE DISTRICT NO. I, AN ASSESSMBlqT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 14 TO STREET LIGHTING MAINTBlqASCE DISTRICT NO. 1; PURSUANT TO TEE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR NEARING OBJECTIONS TEERETO RESOLUTION NO. 8~-28 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF SANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINSKR'S REPORT FOR ANNEXATION NO. 12 TO STREET LIGHTING MAINTESANCE DISTRICT NO. 2 RESOLUTION NO. 8~-29 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF KANCEO CUCAMONGA, CALIFORNIA, DECLARING ITS INTESTION TO ORDER TEE ANNEXATION TO STREET LIGHTING MAINTESANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR SEARING OBJECTIONS THERETO 3BE. Approval of Annexation No. 86-1 (Caryn Planned CommunitT) to Community Facilities District 84-1 (Day Creek Drainage System) - Staff recommends adoption of various resolutions to order a public bearing to annex tbe Caryn Planned Community Area into Day Creek Community Facilities. Set public hearing date for March 19, 1986. (0401-03 CON FAC DIST) RESOLUTION NO. 86-30 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF R~NCHO CUCAMONCA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING COMMUNITY FACILITIES DISTRICT RESOLUTION N0.8~-31 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCSO CUCAMONCA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 86-32 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF RANCEO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A "REPORT" FOR ANNEXATION TERRITORY TO A COMMUNITY FACILITIES DISTRICT 3CC. Set public hearing for February 19, 1986 - Environmental Assessment and Victoria Planned Commnity Amendment 8~-01 - The William Lyon Company. (0203-05 PLANNED COMMUNITY) City Council Minutes February 5, 1986 Page 7 3DD. Set public hearing for February 19, 1986 -Bnvironmental Assessment and General Plan Amendment 86-01A- Hawkins (0203-03 GP AHENDMENT) 3BE. Set public hearing for February 19, 1986 - Amendment to Annexation and Development A~reements between City of Rancho Cucamonga and the Caryn Development Company, Kaufmen and Broad Land Company, and Marlborough Development Corporation. (0702-02 ANNEXATION) 3FF. Approval of contract (CO86-07) for facility use between City and Citrus Little League. (Two baseball diamonds known as Lou Rose Memorial Fields). (0602-01 CONTRACT) MOTION: Moved by King, seconded by Dahl to approve the Consent Calendar with the deletion of items 31, 3M, and 3I/. Motion carried unanimously 4-0-1 (Buquet absent). Discussion of Item 31/: Approval to seek proposals for the Master Plan Design Program for Rancho Cucamonga City Park. (1404-05 PARK) Councilwomen asked what this would do? 1/ould the philosophy for the use of the park be different: such as a total public park as opposed to quasi-public use?. 1/ould this make a difference in the plan? Should we have this direction first? Mr. aolley responded that a Park Plan of the General Plan is somewhat guided by the philosophy that it is authorized to go forward with. The type of program they envision for the design of the 99 acre park is to bring various interest groups together in order to find out what should be included in the 99-acre park. MOTI(Xq: Moved by Wriaht, seconded by Dabl to approve unanimously 4-0-1 (Buquet absent). Item 3W. Motion carried ~'. ~nVBRTISEn PUBLIC nRARIIqGS 4A. B~VlRONMvaeTAv. ~RSESSME~T AND DEVR~.OPM~T CODE AMa~DME~T 85-04 - CITY OF ~ANC80 CUC~MONGA - An amendment to the Development Code of the City of Rancho Cucamonga Ordinance 211 to revise Sections 17.08.04OF and 17.08.0~0I, pertaining to the landscaping and slope planting, respectively. (0203-05 DC ANEBDMERT) Mayor MikeIs opened the meeting for public hearing. Addressing Council was: Michael Vairin, 6 981 Opal Street, Alta Lome, addressed the slope planting section of the revised ordinance with regards to size trees planted on a slope. Currently the condition requires 5 gallon trees, one for every 250 square feet, the new one requires 15 gallon trees. Re feels this is a mistake from the point of view that most slopes are 2-1 slopes. It is very difficult to get a tree on it, to maintain it, and raise it. The larger the tree that you put on a slope, the more difficult it becomes. There being no further public response, Mayor MikeIs closed the public bearing. City Clerk Authelet read title of Ordinance No. 2lIB. ORDINANCE NO. 211B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOI~IA AN!~DING THE DEVELOPMENT CODE OF THE CITY OF RANCaO CUCAMONGA, ORDINANCE 211, TO REVISE SECTIONS 17.08.04OF AND 17.08.0401 PERTAINING TO LANDSCAPINC AND SLOPE PLANTING, RESPECTIVELY (46) City Council Minutes February 5, 1 986 Page 8 (47) (48) MOTION: Moved by King, seconded by Wright to waive full reading of Ordinance No. 211B. Motion carried unanimously 4-0-1 (Buquet absent). MOTION: Moved by Dahl, seconded by King to approve Ordinance No. 211B. Motion carried 4-0-I (Buquet absent). 4B. ENVIRONMBNT~x. ~SESSM~NT AND DEVELOPMFNT CODE AMENDMENT 85-06 - CITY OF RANC~O CUCAMONGA - An amendment to Section 17.02.130 of the Development Code pertaining to non-conforming use. Report by Ladten Wasserman, City Manager. (0203-05 De AMENDMENT) Mayor MikeIs opened the meeting for public bearing. There the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 285. being no response, MOTION: No. 285. ORDINANCE NO. 285 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, SECTION 17.02.130 OF THE DEVELOPMENT CODE, REG~LRDING NON-CONFORMING USE Moved by Dahl, seconded by Wright to waive full reading of Ordinance Motion carried 4-0-1 (Buquet absent). MOTION: Moved by Dahl, seconded by Wright to adopt Ordinance No. 285. carried by the following vote: Wright, MikeIs, Dahl Hone Buquet, King (King briefly left the Council Chamber) Hone AYES: NOES: ABSENT: ABSTAIN: Motion 4C. APpeAr OF PLANNING qgMMISSION CONDITIONS OF APPROVAL - DEVELOPMENT REVIEW 85-28 - HAVIm AVX~UE FOOD COURT. Appeal by applicant of Planhie8 Commission conditions of approval for the development of a one-story retail/restaurant (10,000 sq. ft.) building located within the Virginia Dare Center at the northwest corner of Foothill and Haven on approximately 13 acres in the General Commercial (GC) District - APN 1077-401-027. Staff report by Brad Bullet, City Planner. (0701-06 APPEAL) Mayor MikeIs opened the meeting for public hearing. Mdressing Council were: Glenn Cellatly, architect, requested that Council not concur with the Planning Commission's decision regardinE the loading zone. Donald Christisen, developer, felt the six parking spaces were very important. It was not necessary to hsvea loading dock for fast food type restaurants since deliveries are made through the front door. He also felt =he three sides of the historical building should be more visible and not screened with shrubbery. There being no further public response, Mayor MikeIs closed the public hearing. Council had received letters from each member of the Historical Preservation Con~nission supporting the Planning Commission's decision. Councilwoman Wright asked Mr. Christisen if the Grape Crushing Building had an appeal where people might drive in and park in one of those parking spaces specifically to enter from the south side of the building and go directly into the Grape Crushing Building? Mr. Christisen responded that it would have that kind of appeal. There will be a plaque there and an old grape crushing piece of equipment that City Council Minutes February 5, 1986 Page 9 will be stationed there. This was an agreement with the Historical Commission that everyone who drove up could view it in its entireCy. Councilwoman asked if the doors would be specifically for an entrance into the buildinS and people would know that is the entrance. Mr. Cbristisen responded yes. There would be a sidewalk right on into the buildins· MOTION: Moved by MikeIs, seconded by Dahl to uphold the appeal, but eliminate one of the parking spaces, Motion carried 4-0-1 (Buquet absent). Mr. Markman, the City Attorney, stated that we would have to write a Resolution that sustains the motion and make the cbanSes. It will come back at the next meeting on the Consent Calendar. 4D. TREE PRESERVATION ORDINANCE AM~DMR~T. Proposed amendments to Chapters 17.08 and 19.08 of the Rancbo CucamonSa Municipal Code pertaining to the preservation of trees on private propertT. Continued from January 15, 1986 meeting. Staff report by Dan Coleman, Senior Planner. (0203-02 TREE) Mayor MikeIs opened the meetins for public hearing. Addressins Council were: Tom Cole, Building Industry Association, stated for the record that they had been misrepresented in the past. The builders are in no way anti-tree; they were "pro" the tree preservation ordinance if it serves the purpose for which Council was aiming for. The intent of the ordinance was to retain trees if they were consistent with the protection of the blue gums. The blue gums are one of the most dangerous trees as far as the limbs breaking in the wind, the sap is highly flamehie, and is a threat to the people. If preservins the blue Sums that are away from public access and buildings is fine. 8owevet, they would prefer to plant the spotted gums. Kevin Eggleston, Teak Way, stated all of the concerns he has bad in the past has been addressed, and he urged Council to pass this ordinance. Michael Vairin, suggested that in Section 19.08,050 to strike the words, "non discretionary". There beins no further public response, Mayor Mikels closed the public hearins. City Clerk Authelet read the title of Ordinance No. 275. ORDINANCE NO. 275 (first reading) AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF RA~CHO CUCAMONCA, CALIFORNIA, AMENDING CSAFTER 17.08 OF THE RANCEO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY MOTION: Moved by Dahl, seconded by King to waive full reading of Ordinance No. 275. Motion carried 4-0-1 (Buquet absent) Mayor Mikels set second resding for February 19, 1986. City Clerk Authelet read the title of Ordinance No. 276. ORDINANCE NO. 276 (first readins) AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ANRNDINC CBAPTER 19.08 OF THE RANCRO CUCAMONGA MUNICIPAL CODE, PERTAINING TO TEE PRESERVATION OF TREES 08 PRIVATE PROPERTY City Council Minutes February 5,198~ Page 10 (so) (s~) MOTION: Moved by King, seconded by Wright ~o waive full reading No. 276. Motion carried 4-0-1 (Buquet absent) Mayor Mikels set second reading for February 19, 1986. of Ordinance 4E. ENVIROBMRNTAT. ARSESSM~NTAND DEVELOPMRNT CODE AMENDMENT 85-03 CITY OF PAleCHO CUCAMONGA. An amendment to Title 17, Revisions/Modifications, Section 17.02.O7OB, Development Review, Section 17.06.O10(; and 17.06.O20C regarding language changes and additions. Staff report by Nancy Fong, Associate Planner. (0203-05 DC AMENDMENT) Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 284. ORDINAlICE NO. 284 (first reading) AN ORDINANCE OF TgE CITY COUNCIL OF THE CITY OF RABCHO CUCAMONCA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 85-03 , Pa4ENDINC TITLE 17, REVISIONS/MODIFICATIONS SECTION 17.020.070B AND N~ APFLICATIONS FOLLOWING DENIAL OF SECTIONS 17.060.010C AND 17.060.020C, OF THE MUNICIPAL CODE MOTION: Moved by Dahl, seconded by Wright to waive full readin~ of Ordinance No. 28~. Motion carried 4-0-1 (Buquet absent). Mayor Mikeis set February 19, 1986 for second reading. 4F. O~nERING TH~ VACATION OF ~ PORTION OF ~x.MOND STRRET BETHKErn BERYL STREET AND AMETHYST ~VENUE. Continued from January 15, 1986 meeting. Staff report by Lloyd Hubbs, City Engineer. (1110-18 VACATION STREET) Councilmen King stated ~he bad expressed his concerns before and would vote o . Mayor MikeIs opened the meeting for public bearing. There the public hearing was closed. City Clerk Autbelet read the title of Resolution No. 86-33. being no response, RESOLUTION NO. 86-33 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF R~CHO CUC~a4ONGA, COUNTY OF SAN BERNABDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED A PORTION OF ALMOND STREET BETWEEN BERYL STREET AND AMETHYST AVENUE MOTION: Moved by Dahl, seconded by Wright to approve Resolution waive full reading. Motion carried by following vote: AYES: Wright, MikeIs, Dahl NOES: King ABSENT: Buquet ABSTAIN: None No. 86-33 and (s2) Consideration of Item No. 3I: Approval of Tract Map, Improvement Agreement and Improvement Security for Tract No. 11626, located on the north side of Almond Street at Beryl Street submitted by John W. Motz, Incorporated. (1002-08 MAP TRACT) City Clerk Autbelet read the title of Resolution No. 86-06. City Council Minutes February 5, 1986 Page 11 RESOLUTION NO. 86-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVIIQG IMFROVENENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11626 MOTION: Moved by King, seconded by King to approve Resolution waive full reading. Motion carried 4-0-1 (Buquet absent). No. 86-06 and ~C. APpRaL OF PLANNING COMMISSION DECISION - DEVKI. OPMK~qT REVIEW 85-22 - EDWA~nS T~ATBR - An appeal by the applicant of the Planning Commission#s decision regarding the development of a six-plex movie theater of 25,188 square feet on 13 acres of land located at the northwest corner of Foothill and Haven (Virginia Dare Center) in the General Commercial (CC) District - APN 1077-104-01, 03. (Appeal withdrawn) (0701-06 APPEAL) 5. NON-~nVNRTISgD HEA~INGS 5A, STORM DRAIN FEE ORnIN,4JICE iQJ4RNDNRNT - The proposed Ordinance amends the Storm Drain Fee Ordinance to split the City in~o drainage areas wi~b fees co vary with the area. The Ordinance makes other miscellaneous modifications. Staff report by Lloyd Hubbs, City Engineer. (1170-08 FLOOD CONTROL) Mayor MikeIs opened the meeting Ear public hearing. Addressing Council was: Jim Barton, 8409 Utica, expressed that the 201 fee increase appeared to be a large percentage that would be given out on a per acre basis for roadways. He did not normally figure 201 in a normal development road syates. He figured closer to 10-11l. He questioned how the 201 figure came about. Mr. Hubbs responded that this was s good number when you consider arterial streets, .-% Mr. Barton stated that in certain areas you have property which is already dedicated. In the 60 acres south of Arrow, he has only about 8I for streets. When you are dealing with a residential base where there are all small lots, ~hen the 201 is realistic. But when dealing with a larger lot size which starts to approach the acre sise, then you are not giving up 20I. In the heavy distribution centers where you are talking about 8 to 10 acre parcels, your percentage might be down to Mr. eubbs scared that Council would not be acting on the fee tonight, so we can research this, work with Mr. Barton, and bring back mere specific information at the next meeting. There being us further public response, Mayor M/kale closed the public bearing. City Clerk Authelet read the title of Ordinance No. 286. ORDINANCE NO. 286 (~irst reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AMENDING CHAPTER 13.08 OF THE RANCRO COCAMONGA MUNICIPAL CODE PERTAINING TO STORM DRAINAGE FLANS MOTION: Moved by Dahl, seconded by KinK to waive full reading of Ordinance No, 286. MaNion carried 4-0-1 (Buquet absent). Mayor MikeIs set second reading of Ordinance No. 286 for February 19, 1986 wi~h Resolution No. 86-34 to come back at that time for consideration. (s4) City Council Minutes February 5, 1986 Page 12 (55) RESOLUTION NO. 86-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING AIqD ADOPTING A FEE SCHEDULE PERTAINING TO THE CONSTRUCTION OF PLANNED DRAINAGE FACILITIES WlTHIN THE CITY OF RANCHO CUCAHONGA 6. CITY MANAGER°S ST~FF REPORTS 6A. ~DVISORY COMNISSIOII RECONNX~D~TIONS FOR FIREWORKS ORDINAI~CE. Staff report by Mark Lorimer, Administrative Analyst. (1302-09 FIREWORK) Mayor MikeIs opened the meeting for public input. AddressinS Council were: Lowell Comes, 8772 Rivero Street, Chairman of the Ad Hoc Committee, requested that Council consider ~wo additional items which the Committee recommended: (1) prohibit the sale of sparklers; and (2) decrease the length of time for sale of firevorks. Dennis Michael, Fire Chief, Foothill Fire Prevention District, stated on behalf of the District's Board of Directors that Council approve the four recoesendations. 8e further encouraged Council that if they did not want to prohibit the sale of sparklers, then at least consider the sale of the bamboo-core sparkler instead of the wire-core. There being no further public response, Mayor Mikels closed the public portion of the meeting. Council took the following actions: (1) Sale of fireworks: ACTION: Concurrence with sale period of 12:00 p.m. June 30 to 12:00 a.m., July 5. (2) Discharge of flre~orks: ACTION: Concurrence with discharge only between midnight July 3 to midnight July 4. (3) Mini--,m ~2e of purchase: ACTION: Concurrence to amend ordinance to allow sale of fireworks to individuals 18 years of age and older with proof of identification. (4) Sale of sparklers: ACTION: Concurrence to abolish the sale of sparklers. Councilman Dahl stated that he had requested information regarding the fire related costs from fireworks in the cities of Ontario and Upland since they had banned fireworks. Councilman King stated that there has been some discussion regarding the 2 1/21 issue; it should not be included in Council's action. Mayor MikeIs concurred that if the District could collect the fee independently of the City and have the authority to do so, then there was no reason to include ACTION: Changes and requests to come back in an Ordinance for consideration. (56) 6B. ~PPOINTMxNT OF CULTUP,Ix- CF~TER ~DVISORY COMMITTEE. Mayor Mikeis read the list of name recommended by each Councilmember: (0701-01 CULTURAL CENTER tOM) Jean Barton Catherine BridSe Bruce Chitiea Joe Dilorio Bob Dutton Paul Grigsby Don Hardy Richard Herringer Nancy Kettle Randall Leeis Sandra Oerly Sam Naloof ~yrna Patrick Florence Ricca David Richardson Carl Smith Marge Stamm Ralph Strane Peter Tolstoy Diane Williams City Council Minutes February 5, 1986 Page 13 MOTION: Moved by MikeIs, seconded by Dabl to appoint the t~enty persons named above to the Cultural Center Advisory Committee. Motion carried 4-0-1 (Buquet absent). ACTION: Council concurred that the Cosmittee shouZd select their own chairperson. Mayor MikeIs called a recess at 10:20 p.m. The meeting reconvened p.m. with all Councilsesbers except Charles Buquet present. at 10:45 7. COUNCIL BUSINESS 7A. REOUEST FROM COUNCILMx~BER DAm. TO DISCUSS N~4ORANDUM OF 1-24-86 FROM D. CRAIG Fox. DEPUTY CITY ~TYORN~Y. R~G/RnlNG R~UL~TION OF ~TKRTAINN~T ACTIVITIES FOR POSSIBLE CO~CIL DIRXCTI~. (0203~5 ~ULT BUSINESS) ACTI0]: Council concurred that a draft ordinance be prepared regarding regulation of entertainment activities through a licensing process. 7B. CITY ATYORREY RESEARCH INTO LEG~V. N~TYERS O~ 4TE STREET ROCK CRUSHIN6 ACTIVITIES. Councilman Dabl stated he wanted Council to so direct the City Attorney. (0704-00 LEGAL) Mr. Markman stated that if the County approves the project, then the City has 30 days within which to file an environmental challenge, assuming they file a Notice of Determination the next day. In addition, staff has already analyzed the Environmental Report. The City Attorney felt confident that the City is capable of reacting within the 30-day period. ACTION: None. Wait to see if the County approves this. 7C. SET MARCH 5 FOR RESOLUTIO~ SSTIRLIS~TNG POLICY FOR t~SESSMENT DISTRICT ELECTIONS. (O~01-0J ASSESSMUT DISTRICT) Councilman Dahl stated that since some of the constituents have a mistrust for all elected officials and though Council has stated they will not entertain any additional assessments other than street light and maintenance districts which are isposed on ne~ housing developments and Mello-Roos which is voted on by property owners at their request, it appears that some assurances are desired. Therefore, he requested that a Resolution be drafted for Council approval for March 5th which will state that any future major assessments be placed on the ballot as an advisory vote requiring simple majority for passage. Discussion followed regarding the validity of the petitions received to put an Initiative on the ballot by the Cucamonga Citizens Coalition and bow to obtain that validation. ACTION: Have the City Attorney investigate to see if there is some way the City could make the validation procedures work. 7D. REOUEST O~BINANCE NO. 105D BE CONTINUED FROM FEBRUARY 19TH TO ~ARCH 5. An Ordinance relative to park and recreational land dedication requirements. (I~04-05 PARK) MOTION: Moved by Dahl, seconded by Wright to continue Ordinance No. 1OSD to March 5, 1986. Motion carried 4-0-1 (Buquet absent). (as) (sg) (6o) City Council Minu~es February 5, 1 Page 14 (6~) 7E. COUNCILMEh~ER DAm- PRESEIeTED REPORT ON MEETING R~A~DII~ LIBI~ARY. (1601-06 LIBRARy) Mr. Dab1 reported on a meetin8 with Supervisor Col McElwain, Councilwoman Wright, County Counsel Betsey Hanah, Pam Henry, Bill Holley, Diane Williams of Friends of ~he Library, Charles Miller who is President of Friends of the Library, Lauren Wassermon, A1 Cunningham of Friends of the LibrafT, and himself. The Supervisor fel~ the need was here for a librar~ and was prepared to move in any direction Cbe CiCy wishes as far as the CounCy can go with financial aid. ACTIOn: Council received and filed the report, 8. ADJOU~MM~T MOTION: Moved by Wright, seconded by Dahl to adjourn to a Closed Session reSardinR properCy acquisition--properCy which presenCly consticutes proposed dedicated parkland in the Dilorio CarIn ProjecC. Notion carried 4-0-1 (Buquet absent). Meeting adjourned aC 11:35 p.m. Respectfully submitCed, Bevarly A. Authelet City Clerk Approved: March 20, 1986