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HomeMy WebLinkAbout1995/11/01 - Minutes November 1, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 1, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:03 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Brad Buller, City Planner; Miki BraE, Associate Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Susan Stark, Finance Officer; Suzanne Ora, Community Services Director; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcements or presentations were made. C. COMMUNICATIONS FROM THE PUBLIC C1. Buck Page, Empire Lakes Golf Course, stated he understood the issue of the golf course came up at the previous meeting and would be happy to answer any questions the Council had about it. Councilmember Biane asked what the opening date was. Mr. Page stated January 15, 1996, and that theclub house is targeting for December 8, 1995. Mayor Alexander inquired about any PGA tournaments. Mr. Page explained how these tournaments are scheduled. Councilmember Gutierrez stated he had brought this up at the previous meeting because some people were concerned about the cost for golfing at the new course. He added Mr. Page has been very helpful in answering his questions about this matter and that people would be able to afford to play golf there. He felt this would be a wonderful amenity to the City. City Council Minutes November 1, 1995 Page 2 C2. Diane Price stated she is the co-owner of the Red Hill BBQ and that they would be celebrating their one year anniversary very soon. She had a letter from the Code Enforcement Department as to what she would be allowed to have at their site for the restaurant. She told about their business and the service they provide to the community. She stated they would like to keep the service they are now providing and hoped they could keep their business. Councilmember Gutierrez asked where it was located. Ms. Price stated at Foothill and Grove. D. CONSENT CALENDAR DI. Approval of Minutes: August 28, 1995 September 20, 1995 October 4, 1995 D2. Approval of Warrants, Register Nos. 10/1/95, 10/18/95 and 10/25/95; and Payroll ending 10/5/95 for the total amount of $1,913,899.38. D3. Approval of Map, execution of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 12659-2, located at the southwest corner of Etiwanda Avenue and 24th Street, submitted by Beal Banc, S.A. RESOLUTION NO. 95-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659-2, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 95-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 12659-2 D4. Approval to execute Improvement Agreement and Security for the Entry Monument located at the northwest corner of Milliken Avenue and Fourth Street (a condition of Parcel Map 14647), submitted by Environmental Golf, Incorporated. RESOLUTION NO. 95-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND SECURITY FOR THE ENTRY MONUMENT LOCATED AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND FOURTH STREET (A CONDITION OF PARCEL MAP 14647) City Council Minutes November 1, 1995 Page 3 D5. Approval to accept the Calaveras Avenue Street Improvement Project, located from Arrow Route to Ninth Street, Contract No. 95-026, as Complete, Release the Bonds and Authorize the City Engineer to file a "Notice of Completion", approve the final contract amount of $151,214.07. RESOLUTION NO. 95-152 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CALAVERAS AVENUE STREET IMPROVEMENT PROJECT, LOCATED FROM ARROW ROUTE TO NINTH STREET, CONTRACT NO. 95-026, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar with Curatalo abstaining from voting on the September 20 and October 4, 1995 minutes. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENTAND GENERAL PLAN AMENDMENT 95- 02A - WOHL/RANCHO PARTNERS - Consideration of a request for a land use change from Industrial Park to Community Commercial for 14.45 acres generally located on the south side of Foothill Boulevard between Spruce and Elm Avenues - APN: 208-352-62 through 69. Staff recommends issuance of a Negative Declaration. Related File: Industrial Area Specific Plan Amendment 95-02. RESOLUTION NO. 95-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 95-02A, A REQUEST TO AMEND THE LAND USE MAP OF THE GENERAL PLAN FOR 14.45 ACRES OF LAND GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD AND EAST OF SPRUCE AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-35-62 THROUGH 69 CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-02 - WOHL/RANCHO PARTNERS - Consideration of a request to amend the Industrial Area Specific Plan to create a Community Commercial designation for 14.45 acres generally located on the south side of Foothill Boulevard between Spruce and Elm Avenues - APN: 208-352-62 through 69. Staff recommends issuance of a Negative Declaration. Related File: General Plan Amendment 95-02A. City Council Minutes November 1, 1995 Page 4 RESOLUTION NO. 95-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-02, A REQUEST TO AMEND THE INDUSTRIAL AREA SPECIFIC PLAN MAP FOR 14.45 ACRES OF LAND GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD AND EAST OF SPRUCE AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-352-62 THROUGH 69 Staff report presented by Miki Bratt, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Peter DeForge, partner of Rancho Partners, stated they would like to think of this center as an entertainment center. He pointed out what is planned for the site. He continued to explain the project and why they are attracting the tenants they have attracted so far. He felt this project would bring the City $400,000 to $500,000 in sales tax revenue. He stated the issue is what retail uses are allowed on the south side of Foothill. He stated they felt the plan was compatible with surrounding neighbors and that the project should be approved. He added they felt they could make their project very attractive. Councilmember Williams asked if the Wohl Company would be building these units. Mr. DeForge stated they would be selling the property to each business so they could build their own structure. Councilmember Williams asked if they have any signed tenants. Mr. DeForge stated yes they did. Brad Kay, Real Estate Manager for the Good Guys, stated he felt there was a good market for their store in Rancho Cucamonga because of its proximity to entertainment activities in the City. He felt they would do better business because of the competition they would have. He felt they would have good visibility from Foothill and stated they liked the tenants that are planned for the center. He added he felt the zoning was compatible with what was around them. He told about the differences between their store and other stores that sell electronics. Councilmember Biane asked where they thought their sales would be if they opened in Rancho Cucamonga. Mr. Kay stated they are projecting $20,000,000 to $25,000,000 within five years. Councilmember Williams asked if this was 100% leased. Mr. Kay stated the key anchor slots are very interested, but that the restaurants are not. He added it is too early to have it 100% leased. Greg Wohl, partner with Peter DeForge, stated they are currently in escrow with Good Guys. He added they are working on the deal with the bookstore. He stated he felt it would be a very positive step to change the General Plan. He stated they think they have excellent compatibility with the Heritage Inn and that it would generate approximately $400,000 to $500,000 in tax revenue to the City. He asked for the Council's support. City Council Minutes November 1, 1995 Page 5 Brad Buller, City Planner, stated staff has not seen the new plan as was distributed tonight to the Council, but that he could work with the Council through the process for this project. Fred Doe, Shaw Street, stated the question is should the General Plan Amendment be made for this project, that it was not to approve the project. He stated the question was should the marketing studies be brought to the Council before a decision is made on this matter. He stated the issue before the Council tonight is should the General Plan be changed. He stated he felt this project should be stopped. Gary Kendrick stated he was here because he heard this was a slam dunk vote, just like the sprinkler ordinance was. He stated he did not think this center was needed. Brad Umansky, 7269 Thermal Place, stated he did not think the project was dealt with fairly at the Planning Commission meeting. He stated he felt there was a need for this project and felt the General Plan Amendment would be good for the City and should be changed. Charles Buquet, Charles Joseph Associates, stated he was hired by the proponent to work with the City on this matter. He pointed out how this same type of situation occurred with the Terra Vista Town Center as far as zone changes. He talked about the other centers he sees throughout Southern California and the types of stores you see. He stated even though the General Plan is a plan, it is subject to change and felt this should be done for this project. He stated he likes the plan that has been revised, but agreed there was still some work that needed to be done on it. He asked if the Council was willing to step out and take a risk with this project because that is why Rancho Cucamonga is a leader in the area. Debbie Daniels, 10970 Deer Canyon, stated she welcomed the idea of having choices where to go to eat or shop in Rancho Cucamonga. She stated she liked what they are proposing and would like to see this happen. Gina Martinez, 10656 Grand View stated she felt more large stores were needed to provide income to the City so property taxes won't continue to increase. She stated she welcomed this concept. She did not think the revenue should be taken out of the City and given to another community, and stated she did not like paying taxes. Andrew Hall, Manager of Best Western Heritage Inn, stated he just now saw the plan for this center. He stated he thought the new plan would be better for his hotel guests than the old one. He stated he is still concerned that Good Guys is the driving force for the project. He stated he likes the idea of more restaurants in the City and that he would have to take Mr. Wohl's word that he is committed to the project. He felt the new plan would be an indication of being a good neighbor to the hotel. Peter De Forge stated Good Guys did not want to go to the Payless site as someone had previously mentioned. He stated the only assurances that the Council made was that their project would not be held up because of the commercial study. He stated they have not received any assurances about the Council's vote tonight. Bryan Serrell, 6474 Citrine, felt the center was a good idea, but stated he was skeptical about the theaters and thought there might be too many already in the area. He felt Good Guys would be good at this particular location. Joe Maladna, 10935 Spruce, stated he agreed with the idea of this project. He felt the more restaurants the better. City Council Minutes November 1, 1995 Page 6 Councilmember Biane stated he asked if the screening would be set up to protect the location from seeing delivery trucks pulling in and so forth. Brad Buller, City Planner, stated the site plan review process for the Planning Commission would address everything, i.e., compatibility, design and so forth. Councilmember Biane asked if the Council would still be able to have the power to get what it wants out of this project. Brad Buller, City Planner, stated yes, that the issue tonight is a land use issue. He stated any action the Council takes tonight does not guarantee the tenant mix or design. He stated it would still have to go through the development review process. Councilmember Williams asked if the theaters are allowed with a conditional use permit so that it does not require a zone change for this. Brad Buller, City Planner, stated yes that was correct. Councilmember Williams stated she felt the bookstore was quite an opportunity and asked if it had a coffee shop inside, would this be allowed with a CUP? Brad Buller; City Planner, stated Borders Books does desire to be free standing and that he had a discussion with them as to whether they would be classified as entertainment or retail. He stated this is something they would have to talk to the Commission about. Councilmember Williams stated she felt they would probably be allowed with a CUP to go under entertainment. Brad Buller, City Planner, stated they would have to go to the Commission for a use determination. Councilmember Gutierrez stated it appears to him that every use being proposed is already approved except the Good Guys, and that it is up to the Council to determine if this is appropriate. He stated he did not think he could vote to prohibit this project. Councilmember Williams brought up that the issue is not whether Good Guys will meet or beat the competition, that it is whether this kind of use is proper for this particular piece of land. She stated the issue is if this piece of land gets a general commercial designation. She read from page 35, the paragraph starting with "The application for land use change....". She pointed out this is a land use issue. She stated she is normally against spot zoning, but that this case is different. She did not think this should be given a blank check and then there would be no control over the project. Mayor Alexander stated this is a land use issue this evening and agreed with Councilmember Williams. He stated he would be interested in seeing what the commercial study says. He stated he would agree with the Planning Commission decision. Councilmember Biane stated he felt the Council will still have control over what the City will end up with. He felt the retailers needed to know that they are needed in the City. Councilmember Curatalo stated he has not heard anything to change his mind to go against the Planning Commission. He supported their decision. He asked if a project is denied, can they resubmit in one year. City Council Minutes November 1, 1995 Page 7 Brad Bullet, City Planner, stated that Rancho Cucamonga's Code states that no like or similar application, once denied, can be submitted within twelve months. He added the only way around this is to deny it without prejudice which would then give the proponent the chance to come back down the road. Councilmember Curatalo stated he would like to waive that time limit. James Markman, City Attorney, stated if the Council adopts the Resolution of denial, they can specify that it be amended to be without prejudice for refiling. MOTION: Moved by Curatalo, seconded by Williams to approve Resolution Nos. 95-153 and 95-154 without prejudice for refiling of application. Motion carried 3-0-2 (Biane and Gutierrez voted no). The Council recessed at 9:30 p.m. They reconvened at 9:40 p.m. with all members present. G. PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS No items were submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Curatalo read a statement into the record which is on file in the City Clerk's office which stated he would like to place an item on the agenda for ways in which the City can help the Etiwanda High School band because of the representing the City in the 1996 Rose Parade. K. COMMUNICATIONS FROM THE PUBLIC K1. Gary Kendrick apologized to Diane Williams. He felt the City should put on the ballot the issue of consolidating school districts. City Council Minutes November 1, 1995 Page 8 L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to executive session to discuss Labor Negotiations per Government Code 54957.6 to give Robert Dominguez, Administrative Services Director, direction in regards to the Meet and Confer process.. Motion carried unanimously 5-0. The meeting adjourned at 9:45 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: December 20, 1995