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HomeMy WebLinkAbout1993/02/17 - Minutes • February 17, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetine A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 17, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive,Rancho Cucamonga,California. The meeting was called to order at 7:11 p.m.by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Rex Gutierrez, Diane Williams, and Chairman Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Beverly Nissen, Associate Planner; Anthea Hartig, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Dan James, Sr. Civil Engineer; Suzanne Ota, • Community Services Manager; Kathy Sorensen, Recreation Superintendent; Bob Dominguez, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael,Rancho Cucamonga Fire Protection District;Capt.Bruce Zeiner,Rancho Cucamonga Police Department;and Debra J. Adams,City Clerk. Absent was Councilmember: Charles J.Buquet II. B. ANNOUNCEMENTS/PRESENTATIONS B1. Jack Lam,City Manager,introduced Suzanne Ota as the City's new Community Services Manager. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. CONSENT CALENDAR D1. Approval of Minutes: January 6, 1993 January 20, 1993(Buquet absent) • D2. Approval of Warrants,Register Nos. 1/27/93 and 2/3/93; and Payroll ending 1/28/93 for the total amount of$1,635,117.89. City Council Minutes February 17, 1993 Page 2 D3. Approval to receive and file current Investment Schedule as of January 31, 1993. • D4. , Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Rancho Cucamonga Professional Baseball Club,Valley Baseball Club Incorporated,8408 Rochester Avenue. D5. Alcoholic Beverage Application for Off-Sale Beer & Wine, Conditional 7, for Ramona Market, Sameer Deeb,9550 W.Foothill Boulevard,Units A& B. D6. Alcoholic Beverage Application for Off-Sale General for Town & Country Liquor, Elia and Issa Tony Hawara, 12962-64 Foothill Boulevard. 1� D7. Approval of a resolution amending the Five-Year Capital Improvement Program and Twenty-Year Transportation Plan for Local Measure I Projects to include the "Haven Avenue Rehabilitation - 4th Street to Foothill Boulevard". (0806-01 CIP) (1206-06 TRANSPORT) RESOLUTION N0.93-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND TWENTY-YEAR TRANSPORTATION PLAN FOR THE EXPENDITURE OF MEASURE I FUNDS 2� D8. Approval to appropriate $125,000.00 from Fund 32 - "Measure I Gas Tax" and approval to appropriate $370,000.00 from Fund 24 - "State Transportation Program"for the construction and administration of the"Haven Avenue Rehabilitation-4th Street to Foothill Boulevard". (0401-21 FUND APPRO) • 3� D9. Approval to authorize the advertising of the"Notice Inviting Bids"for Haven Avenue from Civic Center to Foothill Boulevard Street Improvements and Traffic Signal Modification,to be funded from Fund 32,Measure 1,Gas Tax,Account No. 32-4637-9112 and Fund 24,Account No.244637-8838. (0601-01 BID) RESOLUTION NO.93-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE FROM CIVIC CENTER TO FOOTHILL BOULEVARD STREET IMPROVEMENTS AND TRAFFIC SIGNAL MODIFICATION' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS �4) D10. Approval to authorize the advertising of the "Notice Inviting Bids" for the Chaffey-Garcia Barn Construction Project,to be funded from Account No.070-0276-0528. (0601-01 BID) RESOLUTION NO.93-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING PLANS AND SPECIFICATIONS FOR THE "CHAFFEY-GARCIA BARN CONSTRUCTION PROJECT," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE AND RECEIVE BIDS • City Council Minutes February 17, 1993 Page 3 • D11. Approval to authorize the advertising of the"Notice Inviting Bids"for the Milliken Avenue Bike Route and (5 Base Line Road Bike Lane,Phase I,(from west City limits to Day Creek),Improvement Project,to be funded from Administrative Air Quality Improvement Grant Fund,Account No. 14-4158-6028. (0601-01 BID) RESOLUTION NO.93-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING PLANS AND SPECIFICATIONS FOR THE "MILLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD BIKE LAND, PHASE I" (FROM WEST CITY LIMITS TO DAY CREEK) IMPROVEMENT PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D12. Approval to adopt a resolution authorizing submittal for the Household Hazardous Waste Grant Application (6) to the California Integrated Waste Management Board. (1170-09 WASTE HAZ)(0402-05 GRANT) RESOLUTION NO.93-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING SUBMITTAL OF THE 1992/93 HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD D13. Approval for the Lease Purchase of(1) three axle, 10-wheel dump, front end loader sweeper truck from (7) • Inland Empire White-GMC of Riverside, California, in the amount of$24,071.33 a year, for five (5) years, to be funded from Gas Tax Account 09-4647-7045. (0600-00 PURCHASE) D14. Approval of Landmark Designation 93-01 and approval to execute Mills Act Contract 93-01 -Jan and Dale (8) Sutton - An application to designate the Emory Allen House, located at 9441 Lomita,Rancho Cucamonga, as an Historic Landmark and a proposal to implement the use of the Mills Act to reduce the property tax on said property- APN: 202-082-13. (1402-06 HISTORY) RESOLUTION NO.93-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION 93-01, THEREBY DESIGNATING THE EMORY ALLEN HOUSE, LOCATED AT 9441 LOMITA DRIVE,RANCHO CUCAMONGA,AS AN HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 202-082- 13 D15. Approval of Landmark Designation 93-03 and approval to execute Mills Act Contract 93-02- Wayne and (9) Vanessa Smith -An application to designate the Hoppe House, located at 6155 East Avenue,Rancho Cucamonga, as an Historic Landmark and a proposal to implement the use of the Mills Act to reduce the property tax on said property-APN: 225-191-16. (1402-06 HISTORY) • City Council Minutes February 17, 1993 Page 4 • RESOLUTION NO.93-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION 93-03,THEREBY DESIGNATING THE HOPPE HOUSE,LOCATED AT 6155 EAST AVENUE, RANCHO CUCAMONGA, AS AN HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 225-191- 16 (10) D16. Approval of application and execution of permit(CO 93-017) for use of school facilities between the City of Rancho Cucamonga and Alta Loma School District for use of the multi-purpose room at Carnelian Elementary School for the City's Summer Day Camp Program. (0602-01 CONTRACT) (11) D17. Approval of Map and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Districts Nos. 1 and 6 for Parcel Map 14318, located at the southwest corner of Base Line Road and Hellman Avenue, submitted by Pioneer Bank. (1002-09 MAP) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) RESOLUTION NO.93-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING PARCEL MAP 14318 RESOLUTION NO.93-030 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 6 FOR PARCEL MAP 14318 (12) D18. Approval to accept Improvements,Release of Bonds and Notice of Completion for Tract 13273 -Milliken Avenue Pedestrian Undercrossing, located on Milliken Avenue south of Mountain View Drive. (0602-01 BOND REL)(0704-18 NOT COMPLT) Release: Faithful Performance Bond $ 338,281.00 Accept: Maintenance Guarantee Bond 33,828.00 RESOLUTION NO.93-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13273 - MILLIKEN AVENUE PEDESTRIAN UNDERCROSSING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (13) D19. Approval to accept Improvements, Release of Bonds and Notice of Completion for the East Greenway Corridor which extends from Milliken Park,east to Terra Vista Parkway. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond $ 421,000.00 • City Council Minutes February 17, 1993 Page 5 • RESOLUTION NO.93-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE EAST GREENWAY CORRIDOR AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to release Maintenance Guarantee Bond for Tract 12820, located on the south side of Highland (14) Avenue between Carnelian Street and Jasper Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 41,200.00 D21. Approval to release Maintenance Guarantee Bond for Tract 13248,located on the south side of Highland (15) Avenue between Archibald Avenue and Hermosa Avenue. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 15,000.00 D22. Approval to release Maintenance Guarantee Bond for Tract 13318 -Landscape, located on the southeast (16) comer of Hermosa Avenue and Manzanita Drive. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 9,500.00 D23. Approval to release Maintenance Guarantee Bond for Tract 13367, located on the east side of Hellman (17) Avenue at Highland Avenue. (0602-01 BOND REL) • Release: Maintenance Guarantee Bond(Street) $ 29,882.00 D24. Approval to release Maintenance Guarantee Bond for Tract 13621,located on the northeast corner of Hillside (18) Road and Hermosa Avenue. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 39,000.00 D25. Approval to release Maintenance Guarantee Bond for Tract 13644, located on the southeast corner of (19) Hermosa Avenue and Vista Grove Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 49,600.00 D26. Approval to release Maintenance Guarantee Bond for Tract 13813, located on the west side of Hellman (20) Avenue,900 feet south of 19th Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 7,600.00 D27. Approval to release Maintenance Guarantee Bond for Tract 13873,located on northwest corner of Atwood (21) Street and Victoria Park Lane. (0602-01 BOND REL) Release: Maintenance Guarantee Bond(Street) $ 7,200.00 D28. Approval to accept the Haven Avenue Rehabilitation from Fourth Street to Civic Center Drive, Contract (22) No. 92-061, as Complete, Release the Bonds and Authorize the City Engineer to file a "Notice of Completion." • (0602-01 BOND REL)(0704-18 NOT COMPLT) City Council Minutes February 17, 1993 Page 6 • RESOLUTION NO.93-033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,ACCEPTING THE PUBLIC IMPROVEMENTS FOR HAVEN AVENUE REHABILITATION FROM FOURTH STREET TO CIVIC CENTER DRIVE,CONTRACT NO. 92-061, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander,seconded by Williams to approve all staff recommendations in the staff reports of the Consent Calendar. Motion carried unanimously,4-0-1 (Buquet absent). E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS (23) Fl. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 92-18-SMITHS -An appeal of the Planning Commission's decision denying the development of a commercial shopping center consisting of a 75,000 square foot grocery store, two satellite buildings of 3,500 square feet each,and a drive-thru pad of 4,800 square feet on 10.6 acres of land in the Community Commercial District (Subarea 2) of the Foothill Boulevard • Specific Plan,located at the northwest corner of Foothill Boulevard and Vineyard Avenue-APN:207-102-03,5,8, 15, 20, 21, and 49. Associated with this project is Tree Removal Permit 92-17. (Continued from January 20, 1993) Staff report presented by Brad Buller,City Planner. (0802-02 CUP) (0701-06 APPEAL) Joe O'Neil,City Engineer,also stated they are in agreement with the traffic study performed and that they have no concerns with the traffic situation at this time. Mayor Stout asked if Smith's is being asked to do the improvements necessary to help make Foothill a six lane highway. Joe O'Neil,City Engineer,stated yes. Mayor Stout asked if any improvements on Foothill have to be approved by Caltrans. Joe O'Neil,City Engineer,stated yes. Councilmember Gutierrez expressed concerns about traffic traveling down Vineyard approaching Foothill and turning into the Smith's parking lot. Joe O'Neil,City Engineer, felt there was enough room for cars to be able to turn into the parking lot and that the survey showed cars are slowing down as they near that intersection. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: • City Council Minutes February 17, 1993 Page 7 • Appellant's comments: Wynne Furth,Best,Best and Krieger in Ontario and representing Smith's Food and Drug,stated they have worked to make this a good project and something the City would be proud of and something good for Smith's. She stated they have reviewed the material presented to the City in opposition to the project and also the petition submitted. She stated she feels they have met the City's standards and asked that the City Council approve the project. Bob White, Sr. Project Manager, thanked the City Council and Council Subcommittee for working with them on this project to try to come to a solution. He felt this store met design standards. Comments from those op sing the pEQject: Ray Lavangie,6123 Peridot,asked that the City Council deny the project. He stated after hearing Smith's was going to appeal the Planning Commission's decision, he started looking at other stores to see how their loading docks were positioned. He did not agree with the design of the loading docks as it relates to how they are positioned. He also stated he did not agree with Joe O'Neil's comments on the speed of traffic going down Vineyard. He felt Smith's should have to go along with the regulations that everyone else has to abide by and not get any exceptions. He submitted photos for the record. Ed Combs,417"B"N. Central,Upland,submitted a photo of the west loading dock area and asked where the east loading dock went which was for the smaller trucks after it was redesigned. He felt the project would affect his property in a negative way. He asked that the project go back for further study on some of the concerns mentioned. He referred to the information he had distributed to the City Council and also the • City Clerk and commented on it. He felt there were other issues that were not addressed at the subcommittee meetings which he had attended. He stated he did not agree with the Master Plan and did not think it addressed the issues. He stated he hoped Joe O'Neil's evaluation of the traffic study was correct. He did not want the City Council to come back to him asking for his property if the Council approved the project. Mayor Stout corrected a comment made by Mr.Combs by telling him that parking would not be behind the Smith's store. Mr. Combs felt the new plan had not changed very much from the original one that the Planning Commission denied. He asked if there would be truck traffic on San Bernardino Road. James Markman,City Attorney, clarified the public hearing process for Mr. Combs by advising him that it is not up to Mr.Combs to quiz the City Council at this time. He was supposed to be presenting his viewpoint. Mr. Combs felt there would be traffic problems around the center, not only the truck traffic, but for the public access as well. Wes Pringle,680 Langsdorf,Fullerton,Traffic Engineer for Ed Combs,stated they still have concerns with the right turn lane on Vineyard. He mentioned reducing the speed limit approaching Foothill. He stated they were concerned about truck turns into this project. He stated he had concerns with cars turning left into the project from Vineyard also. Joe Piscioneri, 221 Tenneson, Upland, stated his concerns for this project, which were submitted in writing and are on file in the office of the City Clerk. • Councilmember Alexander asked if the plans have been reviewed by the Fire District. City Council Minutes February 17, 1993 Page 8 • Chief Michael,Fire District,stated they have been reviewed. Mr.Piscioneri stated it is not noted on the current plan. Chief Michael,Fire District,stated it would be in the final plan. Richard Reishelt, 1729 Palm, Upland, stated he is opposed to the development as submitted. He felt by approving this it would set a precedent for other projects. He still felt loading docks were at the front of the building and should be reconsidered. He also felt traffic around this project would be unsafe. He did not agree with access on San Bernardino Road. He felt a new design should be done for this project. Patrick Maguire, 6192 East Ave., did not think this project fit this location. He felt Smith's should go back and redesign it. Tom Jacobsen, Attorney in San Bernardino,representing some of the property owners on San Bernardino Road,asked for the City Council to listen to the public's feelings for this project. He felt the parking lot was unsafe as it related to the loading docks. He did not feel the loading docks should be where they are proposed. He did not agree with the mixing of a residential neighborhood as an entrance to the store. He felt this should be continued to be worked on with the concerned residents and the Smith's people so that everyone would be happy. Oscar Lopez,9957 Langston, felt the intersection of Vineyard and Foothill was not very good and would get worse after the Smith's store went in. He stated his concern was the safety at this intersection. He felt some questions should be answered before the City Council makes a decision. • John Moe, 10632 Monte Vista,felt there were more accidents on Carnelian/Vineyard than any other major street because of the hair pin turns on Vineyard above Foothill. He asked that the City Council vote no for this project. Susan Teran, 8248 Onyx Court, stated she feels the Council's minds are made up and asked them if she could change their minds to make this work. She felt this would be a disservice to the City. She felt the Council would be setting a precedent if they approve this tonight. She did not feel just because the Council was hurting for money they should approve the project. She added she did not like the location of the loading docks. She asked that the General and Specific Plans prevail and asked for the Council to deny the project. Ron Edwards asked that the Council not compromise their position by approving this project. He stated he did not agree with the loading dock design. He felt smaller businesses would go out of business because of the large store Smith's is proposing. He asked that the Council not approve this project as designed. He asked that the Council listen to the people that have spoken. Carl Pestark stated he hoped that the Council can see what this would do to negatively impact the City and felt it should be built to the City's standards. Dan Whitehurst, 8217 Onyx wondered if the City needed more small business outlets in the City when there are so many that are vacant at the present time. He felt this was a necessary evil. Elizabeth Steues, 8762 Calle Quebrada, stated she is concerned about the safety of her kids at this intersection. She asked that the Council take into consideration the people's comments while making their decision. • City Council Minutes February 17, 1993 Page 9 • Donna Whitehurst commented on the vacant GEMCO building,that it is now a ghost town. She wondered if this could be used for the Smith's Store. Bill Scott,7870 Arroyo Vista, stated he is concerned about the traffic at this intersection. He felt this was unsafe and that there would be too much traffic. He felt Smith's might put some of the smaller stores out of business like Gemmel Pharmacy. Hugh Walker,8167 Vineyard felt this project would increase the traffic problem at this intersection. He felt they should build a smaller store because he did not feel this belonged in Rancho Cucamonga. Dielich Misterick,owner of Sunrise Pharmacy,did not think there needed to be more shopping centers in Rancho Cucamonga because there are so many vacant ones that exist now. He felt there would be too much traffic created because of this project going in. He was concerned that Smith's would fail and the building would be vacant. Rebuttal Comments from Smiths Wynne Furth, Best, Best and Krieger, gave background on the reputation of Smith's. She stated they are concerned about the safety of the people visiting their stores. She stated they have 100%success rate. She stated traffic is a concern to them also, but felt the intersection would be better once the project is completed and operating. She stated Smith's wants to come to Rancho Cucamonga to do business to add something to the City. She asked that the City Council approve the project. There being no further comments,the public hearing was closed. • Mayor Stout asked Chief Michael to comment on the fire safety for this project. Chief Michael,Fire District,commented on the City's regulations for approving the fire safety aspect of a project. He felt there was adequate turn around space for a hammerhead. He stated the Fire District's requirements are met. He also added that the building would be full sprinklered and alarmed. He felt all fire issues have been fully addressed. Mayor Stout asked Joe O'Neil for his comments. Joe O'Neil, City Engineer, stated he was disheartened to hear some of the resident's comments. He stated there would be substantial improvement at this intersection for better traffic flow around this area. He stated there would be underground utilities and a storm drain put in, and added the total cost for the improvements would be about $1,000,000. He felt this project was designed adequately. He added there would not be trucks allowed on San Bernardino Road. It will only be used as access for in and out of the site. Mayor Stout asked Brad Buller for his comments. Brad Buller, City Planner, stated staff felt the project was consistent with the General and Foothill Specific Plans. He stated with regards to access from San Bernardino to the Smith's site and access down to Foothill Boulevard,he felt it should be noted that Mr.Combs, when his property was approved for development, had to do a master plan which called for a driveway very similar to that proposed for this project which was approved by the City back then. He stated with regards to building of buildings out at the front setback to reduce the amount of parking or to put parking at the rear of the buildings,there is a provision within the Foothill Specific Plan that specifically deals with this issue and says in parcels that are as deep as this one is,it would be impractical to put parking to the rear of the • buildings,and in this case would not be appropriate. He stated regarding loading docks, the Foothill Specific Plan states "orient screen, all auto related facilities, i.e., working bays, storage, etc., from public view", which means City Council Minutes February 17, 1993 Page 10 whether it is by orientation,or screening is all that is required,it does not prohibit loading docks from being viewed or visible from Foothill. He stated the turn around access was made clear by the Fire District that this will be requirbd. He pointed out that because of the haste needed to put together this plan on the wall for tonight's meeting, it does not reflect how the project will exactly be laid out. He stated with respect to handicap parking spaces and bicycle lockers that are near the loading facility on the west side,staff has listened to that concern tonight,and that if this is an area the Council feels is something they would like to address, it would be staff's recommendation that those handicap spaces be moved to the new parking spaces along the Vineyard frontage,which is the east elevation of the building,and that the bicycle parking be moved to the front part of the store. Mayor Stout asked Mr.Buller if he felt this particular plan meets the legal requirements of the General Plan and the Foothill Boulevard Specific Plan. Brad Buller,City Planner,stated very much so,yes. Mayor Stout asked Rick Gomez if he felt this project meets the provisions,policies and legal requirements of the Foothill Boulevard Specific Plan. Rick Gomez,Community Development Director,stated yes. Mayor Stout asked Jack Lam if had reviewed the plans. Jack Lam,City Manager,stated yes. Mayor Stout asked Jack Lam if he remembered a conversation both of them had with Smith's when they asked the • City to assist them with this project. Jack Lam,City Manager,stated yes he remembers the conversation and that both he and the Mayor objected to this. Mayor Stout asked Jack Lam if he felt this project met the provisions of the City's General Plan and Foothill Boulevard Specific Plan. Jack Lam,City Manager,stated after reviewing the process and the changes that have been made,he felt it did meet the standards and was an approvable project. Mayor Stout stated he was involved in the development of the Foothill Boulevard Specific Plan and that he had asked for it to be done. He stated if he ever hears comments from outside the City,it is always that the Fire Department is tough on people. He stated he realizes this intersection is congested, but that Smith's is going to do the improvements to make it better. He felt the improvements would make traffic better for the residents. He felt the design of the project was better than any other Smith's. He stated he liked the suggestion of the hammerhead turn around space and moving the handicap parking spaces. He felt the location of the loading dock was better where it is than moving it to the back. He felt the improvements that he and Councilmember Williams came up with were good. He felt the Resolution, which includes all of the modifications that have been suggested since this went to the Planning Commission,should be approved. James Markman, City Attorney,pointed out a letter received from Corin Kahn on behalf if Mr.Teran. He stated there is a misunderstanding on one of the points in his letter regarding the negative declaration process relating to an investigation of historical use of the site in question. He felt the condition has also created a misunderstanding or confusion as to what the developer would have to do and how this would fit into the negative declaration process. He stated the way this is looked at you have a present existing development that obviously is in disrepair that would be replaced by another development with very little or insubstantial changes in grading. He stated because of this he • did not think it represents, under the California Environmental Quality Act, an archeological investigation with City Council Minutes February 17, 1993 Page 11 digging holes and trenching which would produce something that could turn around a decision on the project. He stated he would suggest a modification to the Resolution to clear up exactly what the process will be, which does not represent an investigation into an adverse environmental impact and historical investigation. He suggested that on page 2, subsection F, the word"historically"be inserted before the word"significant"on the first line,and that the last sentence be changed to read, "the cultural resource study will determine the significance of these items as well as recommend measures to memorialize the history of the site." He also suggested that condition No. 1 on page 200 of the packet, be modified so that it reads as follows,"the study concerning historical monumentation of the site shall be presented to and reviewed by the Historic Preservation Commission and then forwarded together with suggested methods of monumentation to the Planning Commission. The Planning Commission shall finally prescribe required historical monumentation prior to the issuance of a certificate of occupancy for the project." RESOLUTION NO.93-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 92-18, THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER CONSISTING OF A 75,000 SQUARE FOOT GROCERY STORE, TWO SATELLITE BUILDINGS OF 3,500 SQUARE FEET EACH, AND A DRIVE-THRU PAD OF 4,800 SQUARE FEET ON 10.6 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE,AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 207-102-03, 5, 8, 15,20, 21, AND 49 • RESOLUTION NO.93-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 92-18, THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER CONSISTING OF A 75,000 SQUARE FOOT GROCERY STORE, TWO SATELLITE BUILDINGS OF 3,500 SQUARE FEET EACH, AND A DRIVE-THRU PAD OF 4,800 SQUARE FEET ON 10.6 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 207-102-03, 5, 8, 15, 20, 21, AND 49 MOTION: Moved by Stout,seconded by Alexander to incorporate all of the suggestions into Resolution 93-034. Councilmember Alexander stated he is still concerned about trucks having to back into the stalls instead of pulling into them. Joe O'Neil,City Engineer,stated he thinks the backing up would still work. Justin Farmer, who conducted the traffic study for the project, stated they felt a truck could enter the site without conflicting with traffic and back into the site easily. Councilmember Alexander also expressed concerns about safety for the public because of drivers backing up. City Council Minutes February 17, 1993 Page 12 Justin Farmer stated that the people who would be patronizing Smith's would be parking south of the entrance and that the only people who would be parking around where the trucks would be backing up would be the employees. Councilmember Alexander asked if most of the truck traffic would be during certain hours or throughout the day. Mr.Farmer stated Smith's is a little different than most markets because all their deliveries are made with their own trucks so you don't have a separate company coming in for bread, soft drinks, etc. He stated Smith's would have the upper hand if there were problems because of deliveries. Councilmember Williams stated she felt the loading dock needed to be moved from Vineyard because that is where the pedestrian access is and that was a main concern of hers. She felt having the loading docks where they are presently would be better for the residents. She stated the City Council did not go out and ask Smith's to come into the City, that Smith's looked up Rancho Cucamonga. She did not feel Smith's would put something in that was unsafe so that people would decide not to come to their store. Councilmember Gutierrez stated that unfortunately the City does not have control over private enterprise with regards to land that is purchased for a project. He stated he feels he has to go along with Mayor Stout because of his experience. He stated he has faith that Smith's will be a good neighbor to the community. He felt Smith's deserved a chance. Motion carred 4-0-1 (Buquet absent). Mayor Stout called a recess at 9:52 p.m. The meeting was called back to order at 10:18 p.m. with all members of Council present(Buquet absent). (24) F2. CONSIDERATION TO AMEND THE RANCHO CUCAMONGA MUNICIPAL CODE SECTION 12.08 BY ADDING SECTION 12 08 025 TO PROVIDE EXEMPTIONS TO THE REQUIREMENTS OF RIGHT-OF- WAY DEDICATION FOR SPECIFIC TYPES OF BUILDING PERMITS Staff report presented by Dan James,Sr. Civil Engineer. (1001-01 RT OF WAY)(0807-01 CODE BLDG) Mayor Stout asked if the City was setting up exemptions that were automatic if they meet the criteria. Dan James,Sr.Civil Engineer,stated yes. Mayor Stout stated his intention was if there were exceptions, they would come back and make a request and be granted by some type of hearing. He stated he did not feel comfortable granting this to everybody that has this condition. Dan James, Sr. Civil Engineer, stated the primary exemptions are for single family residences, that there are no exemptions for commercial or industrial buildings. He stated primarily they came before the Council to exempt certain improvements from constructing natural public improvements, and that at that time there is no need for the City to obtain the street dedication and right-of-way because there is no public improvements going in. • City Council Minutes February 17, 1993 Page 13 Mayor Stout asked if this could be done on a case-by-case basis. Couneilmember Alexander stated he agreed with how this is written but stated there is a section that mentions the City Engineer,and could something be added so the City Engineer could flag an unusual or unique situation. Mayor Stout suggested that a provision be added that stated unless the City Engineer determines that there is a nexus between the improvements. James Markman,City Attorney,suggested the following language be added at the end of E,"the City Engineer may require dedication, notwithstanding the above exceptions, if the City Engineer determines there is a specific connection between the project and the need for street dedication. Any such decision of the City Engineer shall be appealable to the City Council pursuant to all procedures which are applied to Conditional Use Permit appeals." Mayor Stout opened the meeting for public hearing. There being no response,the public hearing was closed. Debra J.Adams,City Clerk,read the title of Ordinance 507. ORDINANCE NO.507(first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION 12.08.025 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO EXEMPTION OF STREETS AND HIGHWAYS DEDICATION • MOTION: Moved by Stout,seconded by Alexander to waive full reading and set second reading of Ordinance No. 507 for March 3, 1993 as amended. Motion carried unanimously,4-0-1 (Buquet absent). F3. CONSIDERATION OF PROPOSED FEES RELATED TO: A)100%COST RECOVERY FOR LIGHTS (25) IN ALL NEW PARKS: B) SPORTS COMPLEX TO NAMENT FEES: AND—C) REVIEW OF CITY' EXISTING LIGHT FEE COST RECOVERY POLICY Staff report presented by Suzanne Ota, Community Services Manager,and Kathy Sorensen,Recreation Superintendent. (0401-12 FEES) Mayor Stout suggested that when a matter is considered by another Commission that those minutes be included in the staff report package that goes in the Council agenda. Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Bob Olari,9637 Manzanita,stated he wished lights could not be charged for,but realized why it needed to be done. He added he agreed with the recommendations in the staff report,but asked that there be an annual review process in case the economy does turn around. There being no further response,the public hearing was closed. • City Council Minutes February 17, 1993 Page 14 RESOLUTION NO.93-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, THAT UPON ACCEPTANCE BY THE CITY OF NEW PARKS IN RANCHO CUCAMONGA, A USE FEE OF 100% OF FULL LIGHT COST WILL BE IMPLEMENTED. THIS FEE TO INCLUDE ELECTRICAL USAGE AND DEMAND CHARGES AS OUTLINED BY SOUTHERN CALIFORNIA EDISON RATE POLICIES. THIS USE FEE WILL BE UPDATED ANNUALLY OR AS RATE POLICIES BY SOUTHERN CALIFORNIA EDISON ARE AMENDED RESOLUTION NO.92-223-B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 92-223 TO INVOLVE USER FEES FOR TOURNAMENT RENTALS AT THE SPORTS COMPLEX RESOLUTION NO.92-223-C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 92-223 REGARDING FIELD LIGHT FEES MOTION: Moved by Williams,seconded by Alexander to approve Resolution Nos.93-035,92-223B and 92-223C. • Motion carried unanimously,4-0-1 (Buquet absent). G. PUBLIC HEARINGS No items were submitted. H CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS No items were submitted. r IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. City Council Minutes February 17, 1993 Page 15 K. COMMUNICATIONS FROM THE pUBLIC• No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Alexander to adjourn to an Executive Session to discuss personnel matters. Motion carried unanimously,4-0-1 (Buquet absent). The meeting adjourned at 10:43 p.m. Respectfully submitted, 44x-a- '�- "---Y ._ Debra J. Adams,CMC City Clerk Approved: March 17, 1993 • •