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HomeMy WebLinkAbout1993/02/03 - Minutes February 3, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CA!.!. TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 3, 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 7:04 p.m. by Mayor Dennis L. Stout Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williams, and Mayor 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; Brad Bullet, City Planner; Dan Coleman, Principal Planner; Beverly Nissen, Associate Planner; Joe O'Neil, City Engineer; Betty Miller, Associate Engineer, Bob Dominguez, Administrative Services Director; Susan Neely, Finance Officer; Tony Flores, Management Analyst I; 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. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamations to C.E.R.T. members Mike Ryan, Don Chambers, Sandy Rizkowsky, Sheryl Love, Mary Murphy, Casey files, Julie Becket, Robert Hague and Robin Parkison for their assistance during the floods of January 7, 1993. Mayor Stout presented the Proclamations to everyone listed except Sheryi Love and Julie BeckeL It was also mentioned that a proclamation needed to be prepared for Tracy Ryan for her assistance. C. COMMUNICATIONS FROM THE PUBI.IC No communication was made from the public. City Council Minutes February 3, 1993 Page 2 (x) (2) (3) (4) (s) (6) (7) D. CONSENT CALENDAR D1. , Approval of Warrants, Register Nos. 1/13/93 and 1/20/93; and Payroll ending 1/14/93 for the total amount of $2,120,273.40. D2. Alcoholic Beverage Application for Off Sale Beer & Wine for Shop N Go, Debra R. and Robert A. Lakees, 10110 Foothill Boulevard. D3. Alcoholic Beverage Application for On-Sale General Eating Place for Zendejas Mexican Restaurant, Eduardo Zendejas, 7945 Vineyard Avenue, #D7. D4. Alcoholic Beverage Application for On Sale General Eating Place for Backwaters, Backwaters Incorporated, 10877 Foothill Boulevard. ITEM PULLED FOR DISCUSSION BY COUNCILMEMBER BUQUET. D5. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for China Garden, Peggy and Luan Trang, 9770 19th Street. D6. Approval of request by the Rancho Cucamonga Chamber of Commerce to waive the City's Banner Fee in conjunction with the annual Business and Community Expo. (1180-02 CHAMBER) (0807-02 SIGNS) D7. Approval of Development Review No. 92-11 - Davis, an appeal of the Planning Commission's decision to require a Community Trail in conjunction with the construction of a single family house totaling 7,600 square feet on 16.6 acres of land in the Open Space Disu'ict and Very Low Residential District (up to 2 dwelling units per acre), located at 9400 Almond Street- APN: 1061-491-01. ITEM PULLED FOR DISCUSSION BY CHARLES DOSKOW. (1002-08 DEV REV) (0701-01 APPEAL) RESOLUTION NO. 93-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 92-11 FOR THE CONSTRUCTION OF A 7,600 SQUARE FOOT SINGLE FAMILY RESIDENCE ON 16.6 ACRES OF LAND, LOCATED AT 9400 ALMOND STREET IN THE OPEN SPACE DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-491-01 D8. Approval to execute agreement (CO 93-008) with Chaffey Joint Union High School to use Alta Loma High School Gymnasium for the City-sponsored Youth Basketball Leagues. (0602-01 CONTRACT) D9. Approval to execute agreement (CO 93-009) with Chaffey Joint Union High School to use Etiwanda High School Gymnasium for City-sponsored Adult Basketball and Adult Volleyball Leagues. (0602-01 CONTRACT) D10. Approval to execute agreement (CO 93-010) between the City and Chaffey College to use the Gymnasium for Pep Day Event on February 13, 1993, to include rental contract, hold harmless, clean-up and security agreements. (0602-01 CONTRACT) D11. Approval to execute the Arthritis Foundation Joint Efforts Co-Sponsorship Agreement (CO 93-011). (0602-01 CONTRACT) D12. Approval to execute Professional Services Agreements with Fieldman, Rolapp & Associates (CO 93-012), Brown, Diven& Hentschke (CO 93-013), and GFB-Friedrich & Associates (CO 93-014) in relation to a request by Masi Commerce Center Partners to form an assessment district. (0602-01 CONTRACT) City Council Minutes February 3, 1993 Page 3 D13. Approval to execute a Reimbursement Agreement (CO 93-015) with Masi Commerce Center Partners and Masi Rochester Associates to cover consultant costs associated with a proposed assessment district as requested by the d~veloper. (0602-01 AGREF, REIM) D14. Approval to execute Improvement Agreement Extension for Tract 13303, located on the southwest corner of Tetra Vista Parkway and Mountain View Drive, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 93-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13303 D 15. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13858, located on the southwest comer of Milliken Avenue and Banyan Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Stree0 Accept: Maintenance Guarantee Bond (Street) $ 262,739.00 26,274.00 RESOLUTION NO. 93-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13858 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Gutierrez, seconded by Alexander to approve the Consent Calendar with the exception of Items D4 and D7. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D4. Alcoholic Beverage Application for On Sale Place for Backwaters, Backwaters Incorporated, 10877 Foothill Boulevard. General Eating Councilmember Buquet stated he objected to this alcoholic beverage application because of the problems the City has had with that establishment. James Markman, City Attomey, stated the City can protest this to the Alcoholic Beverage Control Board (ABC), but that the City does not have jurisdiction over the ABC. MOTION: Moved by Buquet, seconded by Stout to have a letter drafted by the City Attorney to the Alcoholic Beverage Control Board regarding the activity going on at Backwaters and stating the City Council is protesting their application. Councilmember Alexander stated this was the fast time he has ever heard anything about this. Capt. Zeiner, Police Department, stated there are concerns about the activities going on at Backwaters, especially what occurs on Sunday evenings. He mentioned that the disruptive behavior is occurring after the patrons leave Backwaters when they close for the evening. He stated he, Dennis Michael and Brad Buller have met with the Backwaters management and that they are willing to assist the City with this problem. (9) (x0) City Council Minutes February 3, 1993 Page 4 Mayor Stout stated according to State law the ABC is required to notify the City of their application, and felt the City should let them know there is a problem. Councilmember Alexander stated if there is a problem at this establishment, that possibly the City could pull their entertainment permit. Councilmember Buquet stated by the Council sending a letter of its concerns this would hopefully flag this to ABC. Motion carded 4- l (Alexander no). DISCUSSION OF ITEM D7. Approval of Development Review No. 92-11 - Davis, an appeal of the Planning Commission's decision to require a Community Trail in conjunction with the construction of a single family house totaling 7,600 square feet on 16.6 acres of land in the Open Space District and Very Low Residential District (up to 2 dwelling units per acre), located at 9400 Almond Street - APN: 1061-491-01. Councilmember Buquet stated he would not be voting on this because he was not present at the last meeting to hear the discussion. Mr. Doskow, attorney for the Davis', stated he understood the action of two weeks ago was to require the trail to be built immediately, but it didn't get to the root of the trail matter. He stated the Davis' have concerns about what came out of the last meeting. They were concerned about their ability to drive on the trail because this would affect them getting access to the southwestern portion of their property. He stated they would like this clarified so they are allowed to drive on the trail. He added when the property to the west is developed it would be possible to run the trail across the southerly part. He stated since the last meeting his clients have talked to many of the people who spoke at the last meeting and that these people felt the Davis' were against the riders, or wanted to close the trail, which he stated was not true. He added the people the Davis' have talked to have stated they really don't have a need to take the current route, that going across the southerly route would be adequate so they are not interrupted. He stated they would like some kind of understanding so that in the future when the tract is developed the possibility of relocating that exists. He stated they would like that presumably to be with the consent of the equestrian interest involved and would like this incorporated into the Resolution. He felt it should be noted that the easement will be granted, but that it could be traded off at some point when the southerly improvements along Almond are developed. He felt the trail as proposed would take from the Davis' without compensation as a condition for development. He stated the Davis' are not being given permits to finish the barn because it is tied to this issue and felt this was unfair and a change of what the City's position has been. He asked that what was originally signed when the barn was started with regards to the easement still be considered valid. Mayor Stout stated this item is not a public hearing and if the City Council wants to further discuss this matter, it would need to be readvertised. He asked the Council what their pleasure was. Councilmember Alexander stated he would like input from the other people that spoke at the last meeting if the Council is to decide on something other than what was agreed on at the last meeting. Mayor Stout asked why are there additional permits required for the completion of the barn if there was already a permit issued for this. City Council Minutes February 3, 1993 Page 5 Brad BuHer, City Planner, stated them was an application for a building permit this past week that requested what is called a "mare motel", and stated this is the first time staff has seen this request that it did not originally come with the barn. He stated it is to the south of the barn. Councilmember Williams stated she would like to see the trail go in along with any additional construction of anything. RESOLUTION NO. 93-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 92-11 FOR THE CONSTRUCTION OF A 7,600 SQUARE FOOT SINGLE FAMILY RESIDENCE ON 16.6 ACRES OF LAND, LOCATED AT 9400 ALMOND STREET IN THE OPEN SPACE DISTRICT, AND MAKING FINDINGS IN SLIPPORT THEREOF - APN: 1061-491-01 MOTION: Moved by Gutierrez, seconded by Stout to approve Resolution No. 93-019. Motion career 4-0-0-1 (Buquet abstained). Mayor Stout added the issue of whether the "mare barn" should or should not have that condition is not before the Council tonight. F,. CONSENT ORDINANCi*,S El. RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON KENYON WAY FROM Mll .LIKEN AVENUE TO VICTORIA PARK LANE: A SPEED LIMIT OF 45 MPH ON TERRA VISTA PARKWAY FROM CHURCH STREET TO MILLIKAN AVENUE AND CHURCH STREET FROM HAVEN TO MILLIKEN AVENUE: AND A SPEED LIMIT OF 45 MPH ON ETIWANDA AVENUE FROM SUMMIT AVENUE TO 24TH STREET (1141-10 SPEED LIM) Debra J. Adams, City Clerk, read the title of Ordinance No. 506. ORDINANCE NO. 506 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Williams, seconded by Alexander to waive full reading and approve Ordinance No. 506. Motion camed unanimously, 5-0. City Council Minutes February 3, 1993 Page 6 F. ADVERTISED PUBi,IC HEARINGS F1. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14116 WILI.IAM LYON COMPANY - An appeal of the Planning Commission's decision approving a residential subdivision of 19 single family lots on 4.09 acres of land in the Low Medium Residential District (4-8 dwelling units per acre), located south of Highland Avenue, west of the Deer Creek Channel - APN: 1076-61-03. Associated with this application is Tree Removal Permit 91-28. (Continued from January 20, 1993) Staff report presented by Beverly Nissen, Associate Planner. (0701-01 APPEAL) Chief Michael, Fire Dislrict, stated the proposals submitted by the applicant do not meet the intent of the General Plan in dealing with the 600 foot cul-de-sac length maximum requirement. Brad Buller, City Planner, stated the only thing the knuckle plan does not address is it provide for emergency access, but that it does not provide direct street access as a secondary means of ingress and egress. Councilmember Gutierrez asked if any of the plans submitted would meet the 600 foot cul-de-sac problem. Chief Michael, Fire District, stated both Planning and the Fire District prefer to go with the original plan because of the circumstances with the 600 foot cul-de-sac. Councilmember Gutierrez stated he felt Option A would be acceptable, but is now hearing it would not satisfy the 600 foot requirement. He stated he decided to appeal this because he felt them was concern by the neighbors. He stated he realizes that the City Council does not favor the exception of a long cul-de-sac. He realized consistency was a key factor. He felt Santa Clara Court is unique because there were very few homes on that street as compared to the streets above it. He wanted to avoid shared driveways and avoid extra hartscape by only having two lots. He stated that was important to him. Mayor Stout stated he agreed that shared driveways should be avoided at all costs. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Brian Austin, representing the William Lyon Company, stated either option would concern them because of the noise factor due to the emergency access and also the proposed freeway going in. He felt the Planning Commission's decision was probably the best design considering all the options available. He felt the three homes at the end of the cul-de-sac on Santa Clara would be consistent with other cul-de-sacs. He stated the shared driveway notion was one that they could live with in order to try to mitigate some of the concern about the hardscape. He stated they preferred not to do this, but would if they had to. He stated they axe willing to work with the homeowners on their concerns, but would like to have the project approved as recommended by the Planning Commission. Joe Cusamano, 10968 Santa Clara Court, stated he would like the City Council to approve only two homes on the cul-de-sac. He felt if there were to be three homes at the end of the street, the shared driveway approach would be the best way to go. Philip Tulore, 10961 Santa Clara, asked if Councilmember Buquet would be able to vote on this mauer. Councilmember Buquet stated he would not be able to vote because he has not read the minutes for the previous meeting. City Council Minutes February 3, 1993 Page 7 Mr. Tulore stated he is representing the residents, and that they did not like the three homes at the end of the cul-de-sac. He felt three driveways at the end of the street would completely harriscape the cul-de-sac. Maurice Marston, Lot 47, stated there are not curb markings for sewer connections, and stated he did not want to have three homes at the end of the sireeL Jerry Jacobson, 10935 Santa Barbara Court, asked when the City adopted the 600 foot cul-de-sac rule. Mayor Stout stated in 1989 when the General Plan was adopted. Mr. Jacobson felt the City was going back on a "deal" that was made in 1988 since the General Plan was not adopted until 1989. He asked that the City Council vote in favor of the people who signed the petition. There being no further response, the public hearing was closed. Mayor Stout recapped what was before the Council to consider and the testimony given. He asked if any of the configurations presented were acceptable to the City Council. Councilmember Alexander stated he had no problem upholding the Planning Commission's decision. Councilmember Williams stated she concurred with Councilmember Alexander, but felt the three lots with shared driveways would be acceptable. Mayor Stout stated if the neighbors of shared driveways do not get along, they will not work. Councilmember Williams stated she would go with the Mayor's expertise on this and say no shared driveways. Councilmember Gutierrez stated he did not know why something couldn't be done to make everyone happy. He stated he had to go with two homes on the bottom street. Councilmember Williams asked if the Council votes for three homes on the bottom street and the neighbors come up with a new plan, can they come back to the Council with their idea. Brad Butler, City Planner, stated yes. Mayor Smut stated he agreed with the Planning Commission's decision, to deny the appeal with a modification that the shared driveway on Santa Clara be removed. RESOLUTION NO. 93-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT 14116, A RESIDENTIAL SUBDIVISION OF 19 SINGLE FAMILY LOTS ON 4.09 ACRES OF LAND IN THE LOW MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED SOUTH OF HIGHLAND AVENUE, WEST OF DEER CREEK CHANNEL, AND MAKING FINDINGS IN SLIPPORT THEREOF - APN: 1076-61-03 MOTION: Moved by Alexander, seconded by Williams to deny the appeal with the deletion of all shared driveways. Motion carried 3-1-0-1. (Gutierrez voted no, Buquet abstained). City CouncilMinutes February3.1993 Page 8 (x3) G. PUBI,IC HEARINGS G1. CONSIDERATION TO AMEND RANCHO CUCAMONGA MUNICIPAL CODE SECTION 12.04,010A.2.a AND 12.04,010B AND REPEALING SECTION 12.04.050 PERTAINING TO ACTIVITIES AT THE. ADUI.T SPORTS COMPLEX (1401-03 SPORT ACT) Debra J. Adams, City Clerk, read the tide of Ordinance No. 505-B. Staff report presented by Linda Daniels, Deputy City Manager. Discussion followed by the Council regarding the proposed Ordinance. Mayor Smut called a recess at 8:52 p.m. The meeting reconvened at 9:04 p.m. with all Councilmembers present. Linda Daniels, Deputy City Manager, stated a representative of the applicant is withdrawing their request for alcohol and that staff recommends that Ordinance 505-B be tabled at this time. ORDINANCE NO. 505-B (f'u'st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 12.04.010A.2.a AND 12.04.010B AND REPEALING SECTION 12.04.050 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Stout, seconded by Alexander to accept the applicant's withdrawal of the alcoholic beverage request Motion carried unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS II. DISCUSSION OF CITY COUNCIL COMMISSION TERMS AND SCHEDUI .ING OF COMMISSION MEETINGS Staff report presented by Diane O'Neal, Management Analyst II. (0701-01 COMMISSION) Mayor Stout stated he has noticed from the Commission minutes, with the exception of the Planning Commission, that the Commissions could possibly get away with not meeting as frequently as they have been. He felt each Commission should be reviewed at the subcommittee level. Councilmember Buquet referred to the David M. Griffith Study done in 1992 and stated he is concerned with the amount of staff time spent on the Commissions and the cost involved. He added he is especially concerned with the Public Safety Commission because of the information in the study. City Council Minutes February 3, 1993 Page 9 Mayor Stout felt the number of commissioners should be looked at and also the items they are dealing with. He felt a policy or structure should be made about these matters. He stated he would like the meeting frequency to also be looked at with the possibility that the Commissions could call special meetings as necessary. He added the number of Commissioners on each Commission should be looked at also. He continued to suggest that a policy be developed when an informational item is requested by a Commissioner as opposed to those that need to be on an agenda and discussed. Councilmember Buquet felt some of the services the Commissions perform could be consolidated into another Commission. He did not think $1 million spent on Commission support was acceptable. Mayor Stout suggested that this item come back to the entire Council on MaTch 3, 1993 for further discussion. The City Council concurred that the present Commissioners would serve until they are reappointed or they resign. I2. CONSIDERATION OF REOUEST BY STADIUM TENANT FOR PAID PARKING AT THE SPORTS COMPLEX DURING BASEBALL STADIUM EVENTS Staff report presented by Linda Daniels, Deputy City Manager. (1163-01 PK & TRAF) (1401-03 SPORT ACT) Councilmember Buquet felt a charge per head should be made which he felt would provide for better control over the entire parking matter. Mayor Stout stated this would generate revenue to offset maintenance costs also. He asked if there was a consensus by the Council to charge for parking with the local sports groups being exempt from the charge. Councilmember Buquet suggested the adults and the Little League users be provided one pass for their season, i.e., City organized activities. Linda Daniels, Deputy City Manager, stated what she is hearing the Council say is that they prefer Option 1. Councilmember Gutierrez felt if there were any special events, i.e., Littie League tournaments, they should charge for parking. Mayor Stout suggested that major uses of that park be scheduled around the baseball team's schedule so there are no conflicts. Linda Daniels, Deputy City Manager, stated John LeCompte is providing her with a schedule to help determine this, and that this will be discussed with Community Services to work around those conflicts as much as possible. ACTION: groups. The City Council concurred on Alternative 1 in concept, with details to be worked out for exempt .I. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City CouncilMinutes February3,1993 Page 10 No cohnmunication was made from the public. MOTION: COMMUNICATIONS FROM THE PUBI,IC I.. ADJOURNMENT Moved by Alexander, s~ond~ by Williams to a~oum to Ex~utive Session to di~uss personnel matters, property negotiations and a settlement proposal. Motion carried unanimously, 5-0. The meeting adjourned at 9:37 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: March 3, 1993