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HomeMy WebLinkAbout1985/10/16 - Minutes October 16, 1985 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting I. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, October 16, 1985, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:32 p.m. p.m. by Mayor Jon D. MikeIs. Present were Councilmembers: Pamela J. Wright, Charles J. Buquet II (arrived late at 7:40 p.m.), Richard M. Dahl, Jeffrey King, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Clerk, Beverly A. Authelet; City Attorney, James Markman; Assistant City Manager, Robert Rizzo; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley. Approval of Minutes: MOTION: Moved by King, seconded by Dahl to approve the minutes of September 18, 1985. Motion carried 4-0-1 (Buquet absent). The min- utes of September 24 were continued because of a lack of a quorum f or voting purposes. 2. ANNOUNCEMEnTS/PRESENTATIONS 2A. Thursday, October 17, 1985, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. 2B. Wednesday, October 23, 1985, 7:00 p.m. Community Center. PLANNING COMMISSION, Lions Park 2C. Thursday, October 24, 1985, 7:30 p.m. - ADVISORY COMMISSION, Lions Park Community Center. 2D. Saturday, November 9, 1985 - 7TB ANNUAL FOUNDERS DAY PARADE. 2E. John Holt of 5535 Carnelian presented Council with a list of petitions with the following statement for the Record: (0701-06 PETITIONS). "Ladies and Gentlemen of the Council: "On May 17, 1985, this Council created an Assessment District to fund the development of two Rancho Cucamonga parks. "Since that date, there has been a loud cry of "foul: raised by a small group of citizens, who oppose the formation of the Assessment District and the funding for park development. "As we believe that, unlike the "Ted Mack Amateur Hour," noise is not the appropriate expression for public opinion, "People for Parks" is present tonight to reassure the Council of our support for your May 17 action. "During our recent "Grape Harvest Festival", "People for Parks" set up and manned a booth, presenting information to our citizens on the park issue. We also asked those who favored the Park Assessment District to sign and demonstrate their support. "We present to you over 400 signatures of concerned citizens who want this Council to know of our approval of your actions in regard to the Assessment District and of our support to continue with the development of the Red Hill Basin and Heritage Parks." City Council Minutes October 16, 1985 Page 2 3. CONSENT CALENDAR Mr. Wasserman, City Manager, requested that Consent moved for discussion purposes. Calendar item 3U be re- (2) (3) (4) (5) (6) (7) (8) (9) (10) (n) 3A. Approval of Warrants, Register No's. 85-10-16 and Payroll ending 9/29/85 for the total amount of $645,544.37. 3B. Alcoholic Beverage Application No. AB 85-17 for On-Sale Beer & Wine Eating Place License, Julia and Walter Huang, 9638 Base Line Road. (0409-04 ALCOHOL). 3C. Alcoholic Beverage Application No. AB 85-18 for Off-Sale Beer & Wine Eating Place License, Kwang Che, 8161W. Foothill Boulevard. (0409-04 ALCOHOL). 3D. Approval of Improvement Agreement, Improvement Security and Final Map for Tract 11853 located on the northeast corner of 19th Street and Ramona Avenue, submitted by Roy E. Daly and Company. (0602-01 AGREE IMPROVEMENT) RESOLUTION NO. 85-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11853 3E. Approval of additional funds in the amount of $32,000.00, for Cooperative Agreement with Lowy Development (CO 84-013) for Tract No. 11350, improvements at Base Line and Hermosa. (0602-01 CONTRACT). 3F. Approval of Professional Agreement with Mohle, Grover & Associates (CO 85-110) for the design of traffic signals at three locations (Vineyard & Ninth, Base Line & Beryl, and Arrow & Hellman). The design cost will be $7,500 for the project, which is part of the 1985-86 Capital Improvement Budget. (0602-01 CONTRACT). 3G. Approval of Foothill Boulevard Corridor Study Interim Policies Report on action taken following adoption of Ordinance No. 274. (0203-05 FOOTHILL BLVD PLAN). 3H. Approval of Plan Amendment for Glendale Savings Deferred Compensation Pro- gram (CO 191) designating Robert Rizzo as Administrator. (0602-01 CONTRACT). RESOLUTION NO. 79-79B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I~CHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 79-79 AN EMPLOYEES' DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS RE- LATED TO SAID PLAN 3I. Approval to authorize O'Sullivan Company of Rancho Cucamonga to prepare six official City flags at a total cost not to exceed $1,200. (0704-20 FLAG). 3J. Approval of Contract (CO 85-111) for financial consulting services with H.J. Empey through December 31, 1985. (0602-01 CONTRACT). 3K. Approval of amendment to rules and regulations of 1984 and 1985 Residential Home Mortgage Revenue Bond program. (0405-02 BONDS/MORTGAGE). RESOLUTION NO. 85-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RULES AND RMGULATIONS RELATING TO THE 1984 AND 1985 SERIES "A" RESIDENTIAL HOME MORTGAGE REVENUE BOND PROG RAM City Council Minutes October 16, 1985 Page 3 3L. Set public hearing for November 6, 1985 for appeal of Historic Preservation Commission decision regarding Virginia Dare Winery, northwest corner Foothill & Haven, Christeson Company. (0701-06 APPEAL). 3M. Set public hearing for November 6, 1985 for amendment to Chapters 17.0 8 and 19.09 of the Rancho Cucamonga Municipal Code pertaining to the preservation of trees on private property, Tree Preservation Ordinance. (0203-02 TREES) 3N. Set public bearing for November 6, 1985 for Environmental Assessment and General Plan Amendment 85-04D, located on the south side of Feron Boulevard, between Archibald and Turner, Hawkins. Planning Commission has recommended de- nial. (0203-03 GP AMENDMENT). 30. Set public hearing for November 6, 1985 for Environmental Assessment and General Plan Amendment 85-04E, located on the north side of Base Line Road west of Topaz, Daly Construction. (0203-03 GP AMENDMENT). 3 P. Set public hearing for November 6, 1985 for Environmental Assessment and General Plan Amendment 85-04F, located at the southeast corner of Arrow Highway and Rochester Avenue, Rochester Avenue Associates. (0203-03 GP AMENDMENT). 3Q. Set public hearing for November 6, 1985 for Environmental Assessment and Industrial Specific Plan Amendment 85-03, located at the southeast corner of Arrow Highway and Rochester Avenue, Rochester Avenue Associates. (0203-05 ISP AMENDMENT). 3R. Set public hearing for November 6, 1985 for Environmental Assessment and General Plan Amendment 85-04G, located on the northwest corner of 19th Street and Archibald Avenue, Getold. Planning Commission has recommended denial. (0203-03 GP AMENDMENT). 3S. Set public hearing for November 6, 1985 for Environmental Assessment and Industrial Specific Plan Amendment 85-04, City of Rancho Cucamonga. (0203-05 ISP AMENDMENT). 3T. Set public hearing for November 20, 1985 for Appeal of Planning Commission denial of a Time Extension for Tentative Tract 11997, located on the southeast corner of Hillside Road and Beryl Street, Landco. (0701-06 APPEAL). 3U. Set public hearing for Boyember 20, 1985 for Appeal of Planning Comission denial of consistency for Preliminary Review 85-35 vith Foothill Corridor In- terim Policies, southeast corner of Hellman &venus and San Bernardins Road, Malmquist. Item removed for discussion. (0701-06 ~PPK~L) 3V. Set public hearing for November 20, 1985 for Environmental Assessment and General Plan Amendment 85-04B, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue, Porlsa. Planning Com- mission has recommended denial. (0203-03 GP AMENDMENT). 3W. Set public hearing for November 20, 1985 for Environmental Assessment and Development District Amendment 85-07, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue, Porlsa. Planning Commission has recommended denial. (0203-05 DD AMENDMENT). 3X. Set public hearing for November 20, 1985 for Environmental Assessment and General Plan Amendment 85-04C, located at the southwest corner of Foothill Boulevard and Turner Avenue, Mel Mack. (0203-03 GP AMENDMENT). 3Y. Approval to receive and file City of Rancho Cucamonga Investment Schedule Status Report as of October 8, 1985. MOTION: Moved by Dahl, seconded by King to approve the Consent Calendar minus item 3U. Motion carried 4-0-1 (Buquet absent). DISCUSSION OF ITEM 3U: Set public bearing for November 20, 1985 for Appeal of Planning Commission denial of consistency for Preliminary Revie~ 85-35 with (i3) (14) (15) (20) (22) (23! (24) City Council Minutes October 16, 1985 Page 4 Foothill Corridor Interim Policies, southeast corner of Hellmen Avenue and Sat Bernardino Road, Mal mquist. Mr. Wasserman stated that we asked for this to be removed at the advise of the City Attorney. This is a preliminary review which we grant as a courtesy to developers under certain conditions. In this case, the applicant did not agree with the Planning Commission's comments at the time and was told by the staff that he could file an appeal. Since there is no formal action, there is noth- ing to appeal. The City Attorney has advised us to refund the appeal fee with the advise that the applicant should pursue his request through the formel pro- cess -- through the planning, design review, and on to the Planning Commission. Mr. Markman stated there was no action required by the Council. Basically the gentleman has heard from the Planning Commission, and did not feel the Interim Foothill Corridor Policies standards were met by this. He can still pursue any application he wishes for development. There is no procedure to take up with the Council until he has gone through the normal development process. (25) (26) (Councilmen Buquet arrived. Time was 7:40 p.m.) 4. ADVERTISED PUBLIC HEARINGS 4A. ETIWANDA SPECIFIC PLAN AMENDMENT 85-01 - CITY OF RANCH0 CUCANONGA - An amendment to modify the gtiwanda Specific Plan, Figure 5-18 "Community Trails", and Figure 5-19, "Pedestrian Trails and Sidewalks", by extending the equestrian trail along gtiwanda Avenue southerly to Highland Avenue, and the establishment of an equestrian trail connection to the Southern Pacific Railroad right-of-way south of Victoria Avenue, along the east perimeter of the Victoria Planned Com- menity. Item continued from October 2, 1985 meeting. No staff report given. (0203-05 ESP AMENDMENT). Mayor MikeIs opened the meeting for public hearing. There being no public re- sponse, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 273. ORDINANCE NO. 273 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ETIWANDA SPECIFIC PLAN, FIGURE 5-18 "COMMUNITY TRAILS", AND FIGURE 5-19 "PEDESTRIAN TRAILS AND SIDEWALKS", BY EXTB~DING THE EQUESTRIAN TRAIL ALONG ETIWANDA AVE- NUE SOUTHERLY TO HIGHLAND AVENUE, AND THE ESTABLISI~iENT OF ANEN EQUESTRIAN TRAIL CONNECTION TO THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY ALONG THE EAST PERIMETER OF THE VICTORIA PLANNED COMMUNITY MOTION: Moved by King, seconded by Wright to waive full reading of Ordinance No. 273. Motion carried unanimously 5-0. MOTION: Moved by Dabl, seconded by King to approved Ordinance No. 273. Motion carried unanimously 5-0. 4B. 1985-86 HOUSING ASSISTANCE PLAN - A request to approve the new 3-year Hous- ing Assistance Plan required by the U.S. Department of Housing and Urban Devel- opment for all recipients of Community Development Block Grants. Staff report by Otto Kroutil, Senior Planner. (0203-04 CDBG). Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes October 16, 1985 Page 5 City Clerk Authelet read the title of Resolution No. 85-275. RESOLUTIO~ NO. 85-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING A THREE-YEAR (1985-86) HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Councilmen Dahl stated that this doesn't promote any inducement for any nmlti-family housing. MOTION: Moved by Dahl, seconded by King to waive full reading and adopt Reso- lution No. 85-275. Motion carried unanimously 5-0. 5. NON-ADVERTISED ~ARINGS No items submitted. 6. CITY MANAGER'S STAFF REPORTS 6A. CONTRACT BETWEEN T~r~ CITY. THE REDEVELOPMENT AGENCY OF THE. CITY OF RANCHO CUCAMONGA AND TRE FOOTWILL FIRE PROTECTION DISTRICT (CO 85-112) (X-RA 85-004) FOR THE PURChAsE OF AN AERI~r. LADDER TRUCK. Staff report by Lauren Waseerman, City Manager. (0602-01 CONTRACT). Mayor MikeIs opened the meeting for public comment. There being none, the pub- lic portion of the meeting was closed. MOTION: Moved by Buquet, seconded by Wright to approve the contract between the City, the RDA, and the Fire District for the purchase of an aerial ladder fire truck using the Fire District's tax increment. Motion carried unanimously 5-0. 6B. REOUEST FROM THE DEER CREI~r COMPANY FOR SYSTEMS FEE CREDITS FOR THE CON- STRUCTION OF A CUL-DE-SAC ON OPAL STREET IN CONNECTION WITH TRACT NO. 12801. Staff report by Lloyd Hubbe, City Engineer. (0401-12 FEES). Mayor MikeIs opened the meeting for public comment. Addressing Council was: Michael Vairin, representing the Deer Creek Company, 84~0 Utica Avenue, stated that the street was closed not by their choice. Originally they had designed the project to be compatible in most respects as possible. They felt this was an unique case and asked for Council's consideration to grant Systems Development credits. Councilmen King asked what was unique about this? Mr. Vairin responded that the difference is that those dead ends which were created in other projects were done so meinly by the project design. In this case it was a situation with a street that was designed to be a through street. The residents at the public hearing admitted they knew it was to be a through street, but they enjoyed the fact that it has not been one and did not want a through street to occur; therefore, Deer Creek con- ceded. Then the straw that broke the camel's back was that they were to pay for the improvement even though it was not something which they had created; it was a creation by the decision of the Planning Commission. Mr. King asked if this didn't happen a lot -- that the Planning Commission imposes conditions and burdens which are not the developer'e choice, but is a result of the public hearing process which increases the costs of the developer? (27) (28) City Council Minutes October 16, 1985 Page 6 (~9) (30) Mr. Vairiu stated he would agree with this when the decision is made based upon the fact of non-compatible situations. In this case, there was no factual evidence whatsoever through traffic studies, through hydrology studies, through any density differences which warranted the situation. The Planning Commission has gone on record through the recommendation to Council that the~ did not want to promote this kind of situation any fur- ther. Councilman King stated he did not see an uniqueness, but that it set a preced- ence for the future. Councilwomen Wright asked for some examples that the Systems Development fees are used for? Mr. Hubbs stated that traditionally the fee was designed for bridge structures, traffic signal types of improvements, and also widening types of improvement on arterial and collector streets. The theory is that de- velopment increases traffic which puts a demand on the overall street system and to improve the backbone arterial system, etc. Councilwomen Wright asked how was the cul-de-sac tied into the Systems Develop- merit fee credit? Mr. Hubbs stated that this was not historically the type of improvement that this was designed for, but it was a fee generated by develop- ment, a revenue source, and a road improvement which is eligible for that type of expenditure. Mayor Mikels stated the connection is that the fee is used to finance off-site improvements, not necessarily adjacent to the property, but the upsizing of a line or the widening of a street beyond the development itself. Its doing those extra things that we were requiring of development and then using the Systems Fees sometimes as a credit for the installation of those improvements beyond their own actual responsibility for their property. In that sense, we are not talking about large dollars, but something for the sake of aesthetics or neighborhood desires that the extra will be done. Councilwomen Wright stated she agreed with Mr. King that she did not see how the special circumstances have been made clear by the Planning Commission if that is what they found. She does not agree that this is a special circum- stance. MOTION: Moved by Buquet, seconded by Dahl to direct the City Attorney to pre- pare the necessary documents to issue the Deer Creek Company Systems Develop- meat credit for Tract 12801. Motion carried by the following vote: AYES: Buquet, Mikels, Dahl NOES: Wright, King ABS~T: None 6C. REOUEST FROM THE WILLIAM LYON COMPANY TO ~PPROVE AND tCCEPT THE 8-ACRE PARK SITE DEVELOPMENT. KNOWN A.~ WINDROWS PA~K. IN THE VICTORIA PLANNED COMMUNITY A.~ COMPLETE. Staff report by Lauren Wassermen, City Manager. (1404-05 PARK). Mayor MikeIs opened the meeting for public input. There being no response, the public portion of the meeting was closed. MOTION: Moved by Wright, seconded by Dahl to accept with gratitude the 8-acre Windrows Park in the Victoria Planned Comasanity. Motion carried unanimousl), 5-0. 6D. OVERVIEW OF ARCIrIBAI.D AVENUE PROJECT. Staff report presented by Lloyd Hubbs. (1110-10 ST IMPROVEMENT). ACTION: Council received and filed report. City Council Minutes October 16, 1985 Page 7 7 · COUNCIL BUSINESS 7A. Councilman Dabl stated that the existing Code restricts legal non-conforming uses to only those uses already existing. The Code does not al- loy for use changes. Re felt this was overly restrictive since some non-conforming uses have ne~er facilities. He requested that the Planning Com- mission study and develop a procedure to alloy changing uses provided that the ne~ uses are not more intensive than the present non-conforming uses. He felt this still meets the intent of the Code but provides greater flexibility, yet allo~s for adequate City control. (0100-00 ADMIN) ACTION: Council concurred with the suggestion to foryard this request to the Planning Commission for study with a report back to Council. 7B. Councilman Dahl stated he has had a lot of comments regarding the problem with off-road vehicles going across private propert-y, doing extensive damages, and creating a lot of problems for residents in those areas. He requested that the City Attorney prepare for the next Council Meeting a report of what can be done to tighten the laws for off-road vehicles making sure they do not operate on private property without the ovner's permission. Can we impound those vehi- cles? Also, requested Captain Furschef give a short report on the extent of the off-road problem to the Sheriff's Department. After some discussion by Councilwoman Wright, who wanted to go a step further to investigate ways we could provide an area for people to operate off-road ve- hicles, Mr. Wasserman agreed to provide a report to Council on this. ACTION: Council concurred with a follov-up report regarding the off-road vehi- cle problem. (0100-00 ADMIN) 7C. Michael Maboney, president of CCC, requested that Council disregard the petitions received earlier in the meeting from "People for Parks". ACTION: None 8 · ADJOUKNMEI1T MOTION: Moved by Wright, seconded by Buquet to adjourn. unanimously 5-0. The meeting adjourned at 8:40 p.m. Respectfully submitted, Beverly A. Authelet City Clerk Motion carried Approved: November 6, 1985 (31)