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HomeMy WebLinkAbout1985/08/07 - Minutes August 7, 1985 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, August 7, 1985, in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:30 p.m. by Mayor Jon D. Mikels. Present were Council members: Pamela J. Wright, Charles J. Buquet II, Richard M. Dahl, Jeffrey King, and Mayor Jon D. Mikels. Also present were: Assistant City Manager, Robert A. Rizzo; City Attorney, James Markman; City Clerk, Beverly A. Authelet; Senior Planners Otto Kroutil and Dan Coleman; Senior RDA Analyst, Linda Daniels; Assistant Planners Nancy Fong and John Meyer; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey. Absent: City Manager, Lauren M. Wasserman; and Community Development Director, Jack Lam. Approval of Minutes: MOTION: Moved by Wright, seconded by Buquet to approve the minutes of March 14, 1985; June 4, 1985; and July 3, 1985. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS/PRESENTATIONS 2A. Wednesday, August 14, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Community Center. 2B. Thursday, August 15, 1985, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. 2C. Thursday, August 22, 1985, 7:30 p.m. - ADVISORY COMMISSION, Lions Park Com- munity Center. 2D. Mayor Mikels added item 6G: Code Enforcement Officer. 2E. Mayor Mikels requested that items 6A, 6B, 6C, and 6D be put at the begin- ning of the Agenda. Council concurred. (Note: Minutes have been kept in the printed sequence). 3. CONSENT CALENDAR 3A. Approval of Warrants, Register No's. 85-08-07 and Payroll ending 7/21/85 for the total amount of $602,307.06. 3B. Alcoholic Beverage Application No. AB 85-14 for On-Sale Beer & Wine Eating Place License, Richard D. Garcia & Raul Robles, 8417 Haven Avenue. (0409-04 ALCOHOL). 3C. Alcoholic Beverage Application No. AB 85-15 for On-Sale Beer & Wine Eating Place License, Kurt Steven Kruggel, 6615 Carnelian. (0409-04 ALCOHOL). 3D. Alcoholic Beverage Application No. AB 85-16 for Off-Sale Beer & Wine Eating Place License, Srinuch Chowrusmeekul, 10080 Arrow Highway. (0409-04 ALCOHOL). 3E. Forward Claim (CL 85-19) against the City by Amy Case, auto accident, June 3, 1985 at Hellman Avenue, south of Base Line. (0704-06 CLAIM). (1) (2) (3) (4) City Council Minutes August 7, 1985 Page 2 (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) 3F. Forward Claim (CL 85-20) against the City by Aminta Avila Ortega, death due to auto accident, Nay 24, 1985 at East Avenue and Baseline. Councilman King requested item be pulled for discussion. (0704-06 CLAIM). 3G. Foryard Claim (CL 85-21) against the City by James M. Garcia, auto acci- dent, May 26, 1985, at State Route 30 (Highland Avenue), at the intersection of Etiwanda Avenue. (0704-06 CLAIM). 3H. Release of Bonds: (0602-01 BOND RELEASE) (0704-18 NOTICE OF COMPLETE)) CUP 80-02 - Located on Foothill Boulevard at Lion Street (Music Plus Pla- za); owner, Keller Construction Co., Inc. Release: Faithful Performance Bond (Road) $55,000.00 Labor and Materials Bond (Road) $27,500.00 Tract 10045-1 - Located on Hidden Farm Road at Haven Avenue; owner, Hing Y. Watt. Release: Faithful Performance Bond $96,800.00 Parcel Map 6962 - Located at Vicara and Jasper; owner, William J. Roth. Release: Faithful Performance Bond (Road) $16,000.00 RESOLUTION NO. 85-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 80-02 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION RESOLUTION NO. 85-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10045-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION RESOLUTION NO. 85-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6962 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION 3I. Approval of Real Property Improvement Contract and Lien Agreement, submit- ted by Eric and Denise Dumont for property located at 12720 Amber Lane. (0602-01 AGREEMNT IMPROY/LIEN). RESOLUTION NO. 85-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC AND DENISE DUMONT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SANE 3J. Approval of Improvement Agreement, Improvement Security and Real Property Improvement Contract and Lien Agreement for DR 85-02, located on the northwest corner of Foothill Boulevard and Hellman Avenue, submitted by the Pep Boys Manny, Hoe and Jack of California. (0602-01 AGREEMNT IMPROV/LIEN). RESOLUTION NO. 85-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECU- RITY FOR DEVELOPMENT REVIEW NO. 85-02 City Council Minutes August 7, 1985 Page 3 RESOLUTION NO. 85-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THE PEP BOYS MANNY, MOE AND JACK OF CALIFOR- NIA FOR DEVELOPMENT REVIEW NO. 85-02 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME 3K. Approval of Street Frontage Construction Lien Agreement between Leona Danna and the City of Rancho Cucamonga. (0602-O1 AGREEMNT LIEN). RESOLUTION NO. 85-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET FRONTAGE CONSTRUCTION LIEN AGREEMENT BETWEEN LEONA DANNA AND THE CITY OF RANCHO CUCAMONGA 3L. Approval of authorization to advertise for bids and approval of plans and specifications for Base Line Road Improvements between Teak Way and Haven Ave- nue. (0601-01 BID) RESOLUTION NO. 85-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUC- TION OF IMPROVEMENTS FOR BASE LINE ROAD FROM TEAK WAY TO HAVEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 3M. Approval of Professional Services Agreement (CO 85-76) with G.P.S. Consult- ing Civil Engineers for the widening of the existing box culvert at Alta Loma Creek, constructing north side improvements and general pavement reconstruction of Highland Avenue in an amount not to exceed $34,360.00 plus a 10% contingency to be funded through Gas Tax. (0602-01 CONTRACT) 3N. Approval to award bid to United Pacific Corporation, Santa Fe Springs, Cal- ifornia, for the 1985-86 Citywide Street Tree Maintenance Contract (CO 85-77) for $100,000.00. (0602-01 CONTRACT) 30. Approval of Professional Services Agreement (CO 85-78) with FORMA to pre- pare design themes and concepts for the beautification of Archibald Avenue from Fourth Street to Base Line Road for an amount not to exceed $14,740 to be fund- ed from the Beautification Fund. (0602-01 CONTRACT) 3P. Approval of Professional Services Agreement (CO 85-79) with Madole and Associates to design median island on Haven Avenue from Arrow Route to Nineteenth Street for an amount not to exceed $29,300 to be funded from the Beautification Fund. (0602-01 CONTRACT) 3Q. Approval of Inland Mediation Board Contract (CO 85-80) for fiscal year 1985-86. (0602-01 CONTRACT) 3R. Approval of budget transfer of $26,300.00 from planning personnel account (4333-1100) to planning contract services account (4333-6028) for Community Code Enforcement Services, and transfer of $10,200.00 from City Clerk personnel account (4126-1100) to City Clerk contract services account (4126-6028) for microfilm/records management services. (0401-00 FUND/FUND TRANSFER) 3S. Approval to transfer $45,000.00 from previously approved contingency in the budget to the operating budget for implementation of Program of Cost Accounting update and computerization. (0401-00 FUND/FUND TRANSFER) 3T. Approval of Revised Cost Sharing Agreement (CO84-038 & C083-043) with U.S. Army Corps of Engineers, and authorize the Finance Director to pay the U.S. Ar- my Corps of Engineers $515,000.00 for the City's share of the development of the Cucamonga Creek Recreation Project. (0602-01 CONTRACT) (16) (19) (20) (2~) (22) (23) (24) City Council Minutes August 7, 1985 Page 4 (25) (26) (27) (28) (29) (3o) 3U. Approval to designate those fund balances that have not been appropriated to reserves in the Park Development Fund and Capital Reserve Fund. (0401-00 FUND/FUND TRANSFER) 3V. Set public hearing for August 21, 1985, for Environmental Assessment and Development Code Amendment 85-02, City of Rancho Cucamonga. (0203-05 DEVELOP CODE) 3W. Set public nelring for August 21, 1985, for Environmental Assessment and Industrial Specific Plan Amendment 85-02, City of Rancho Cucamonga. (0203-05 INDUSTRIAL SPEC PLAN) 3X. Set public hearing for August 21, 1985, for Grantee Performance Report. (0203-04 CDBG) MOTION: Moved by King, seconded by Dahl to approve the Consent Calendar, minus item "F". Motion carried unanimously 5-0. Discussion of Item 3F: Forward Claim (CL 85-20) against the City by Aminta Avila Ortega, death due to auto accident, May 24, 1985 at East Avenue and Baseline. (0704-06 CLAIM). Councilman King wanted to abstain from voting on the item since the claimant had originally contacted his office and his office had referred them to Mr. Thielen's Office. MOTION: Moved by Dahl, seconded by Wright to approve Consent Calendar item 3F. Motion carried 4-0-0-1 (King abstained). 4. ADVERTISED PUBLIC BEARINGS 4A. APPEAL OF THE ADJACENT PROPERTY OWNER~ ON THOROUGhRED STREET OF THE PLAN- NING COMNISSION'S DECISION APPROVING TENTATIVE TRACT 10349 - PLAZA BUILDERS- A total residential development on 33.2 net acres of land in the Very Low Resi- dential District (1-2 du/ac), located west of Sapphire Street, south of Jennet Street - AEN 1042-121-3, 1062-161-1 and 1062-001-3. Item continued from July 3, 1985 meeting. (0701-06 APPEAL) Mayor Mikels announced that a letter had been received from the applicant re- questing that the hearing be continued until August 21st. Plaza Builders has indicated they are withdrawing from the project. The variance is scheduled on the Planning Commission Agenda on August 14th. MOTION: Moved by Mikels, seconded by Wright to continue the August 21. Motion carried unanimously 5-0. public hearing to 4B. APPEAL OF TREE REMOVAl. PERMIT 85-25 - BARMAKIAN - An appeal by the appli- cant of the Planning Division's denial of Tree Removal Permit 85-25 for Tract 10277-2 and 10277, Kings Rancho Estates (Barmakian). (0701-06 APPEAL) Councilman King stated that when he was on the Planning Commission he abstained from voting on this project since this property was contiguous with property in his family. He did not see a tree issue as one that has an impact on the adja- cent property and does not plan to abstain from voting on this item. Mr. Markman, City Attorney, concurred that there was no conflict for Mr. King. Mayor MikeIs stated that the property was adjacent to his and also did not in- tend to abstain on this issue unless directed by the City Attorney. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: City Council Minutes August 7, 1985 Page 5 Andy Barmakian, developer, presented Council with some petitions from those who felt eucalyptus trees were not appropriate with residential develop- ment. He also presented slides with his report. Ray Ortin, landscape architect, stated that the eucalyptus globulous trees were not suitable for gardens. Hiroshi Takahashi, landscape architect, stated they have never used eucaplytus globulous when a manicured appearance was requested. Councilwoman Wright asked if he had ever used this type of tree? His re- sponse was that the eucalyptus globulous had a very limited use; they were used mainly for wind breaks or when you could view the trees from a dis- tance. Herschel Hyatt, the owner of property who planned on spending $52,000 for the landscaping, stated he did not want eucalyptus trees in his landscap- ing. He felt that trying to landscape around the eucalyptus globulous trees would create a liability problem. Gordon Fritz, owner of Lot No. 6, stated the requirements for landscaping in the area are very strict. He has put aside over $30,000 for landscap- ing. He had two eucalyptus trees on his lot and wished he did not. David Hague, owner of Lot No. 8, stated they chose King Estates because of the style of landscaping. He also had some eucalyptus on his property which he wished he could get rid of. There being no further public response, Mayor Mikeis closed the public hearing. Councilman Buquet stated that during the General Plan process there was consid- erable discussion regarding the blue gum eucalyptus trees. There was a plan that as they were removed, they would be replaced with a similar tree which would be cleaner. He was not opposed to this type of tree. Hosevet, besides being a fire hazard, they can create a great liability for the City when they fall upon private property. The Council needs to take a look at what can be done with the blue gum eucalyptus and how it impacts and affects adjacent de- velopment. In respect to the appeal, he felt we should give some consideration to the proposal. He would like to see Council give some specific direction to staff on how to address the other trees which are not being considered this evening. Councilman Dahl felt we should come up with a definitive policy regarding the blue gum eucalyptus trees. Many feel the trees should be saved while others feel they are messy, dirty, and should go. Council has a policy whereby if trees are removed, an equivalent tree of a better variety should be planted in its place. He felt we needed to give staff direction for the extra trees that are standing clear, but he had no problem in the removal of the twenty-three trees. Councilwoman Wright felt Council should consider the tree issue as a whole as soon as possible since we will be getting many more of these when Etiwanda starts developing. She was in favor of saving trees in Rancho Cucamonga. How- ever, removing twenty-three trees on the east side would simply clean up and thin out the wind row; she bad no problem with that. She did not feel it was necessary for the trees on Lots 10-11 and 20-21 be removed. Mayor Mikels agreed on what has been said based on the thickness of the row in the easement area. He saw no problem with the removal of those trees. MOTION: Moved by King, seconded by Buquet to uphold the appeal for the removal of twenty-eight trees on Lot No. 29. On Lots 10-11 and 20-21 if the developers felt removal was a necessity, then staff be directed to allow him to remove these trees. City Council Minutes August 7, 1985 Page 6 Councilwoman Wright expressed that she agreed with the first part of the mo- tion, but felt the developer should not be allowed the discretion. Councilman Buquet felt there needed to be a definitive policy set because he did not want to see Council looking at Plot Plans with eucalyptus trees on them. The intent of the previous motion was that the developer and staff will be working together on this regarding the determination of the removal of the additional trees. If it becomes necessary, then it can be brought to Council. The intent was not that if the developer says it is inconvenient, then pull them out. He did not want Council getting into the appeal process. MOTION: Previous motion by King and Buquet to uphold the appeal as it relates to the twenty-eight eucalyptus trees on the east boundary line and the two trees on Lot 29. Motion carried unanimously 5-0. Councilman King formed a motion that the developer should be encouraged to keep the trees on Lots 10-11 and 20-21 by topping and trimming them with the developer using a different landscaping motif, but if the developer refuses and believes it in no way fulfills what he is trying to accomplish, then staff be directed to allow him to remove the trees. No seconds were made. Councilman Dahl stated he had talked with the Planning Commission Chairman and both agreed that Council should make a policy that in the future all tree re- moval permits be approved by the Planning Commission instead of by the staff. Mayor Mikels stated that would take a revision to the Ordinance to do this, and he did not want to deal with that issue tonight. The issue tonight is Lots 10-11 and 20-21. Councilman Dahl didn't want to deal with Lots 10-11 and 20-21 tonight because it was not a part of the appeal. Therefore, he wanted it dropped. Councilwoman Wright formed a motion that the trees on Lots 10-11 and 20-21 be topped and trimmed. No second was made- MOTION: Moved by Buquet, seconded by King to give the applicant approval to process a permit to remove the seventeen trees on Lots 10-11 and 20-21. Motion carried by following vote: AYES: Buquet, Mikels, King NOES: Wright, Dahl (31) Mayor Mikels called a recess at 8:50 p.m. with all members of Council present. The meeting reconvened at 9:05 p.m. 4C. APPEAL OF pLANNING COMMISSION CONDITIONS OF APPROVAt. OF CONDITIONAL USE PERMIT 85-08 - VERNACI - Appeal by applicant of Planning Commission's Condi- tions of Approval for a proposal to locate a single trailer for a caretaker's facility in a wholesale nursery located in the Edison right-of-way on the north side of Base Line, east of Rochester - APN 227-091-41. Staff report by Dan Coleman, Senior Planner. (0701-06 APPEAL) Mayor Mikels opened the meeting for public hearing. Addressing Council were: Sharon and George Vernaci, owners of Vincent Garden Center, stated they were requesting a two year time period in which to continue with a limited retail trade which would include limited street traffic and sale of plants which are grown on the premises. They also requested a two year time ex- tension on the proposed property improvements- They would be willing to sign a lien agreement for future street improvements and do the front land- scaping. City Council Minutes August 7, 1985 Page 7 James Markman, City Attorney, stated that since Edison owns the property, the Vernaci's would have to provide some other type security such as cash or a bond, James Frost, City Treasurer, felt Council should go out and look at the area before making a decision. There being no further public response, Mayor Mikels closed the public hearing. Councilman Dahl felt the Development Code intent was to allo~ agricultural uses for the Edison easement corridors, but not retail outlets. Even Christmas tree gro~ers should have to market their trees off-site. He would uphold the agri- cultural uses, but deny any retail-type uses in that area. Councilman Ring stated that if we allow someone to farm Christmas trees in the easement, then there would be some seasonal retail sales involved. Councilman Buquet felt Council should not give consideration to anything in that area that doesn't conform with the previously approved policy in effect. He did not have a problem with seasonal retail sales, but did not want to see anyone go in and set up a trailer for retail nursery on a location that they have acquired through the utility easement at a reduced cost. This should be kept for agricultural use only. Mayor MikeIs stated that there was a substantial amount of land within utility corridors within the City. He felt Council had to be careful not to allow an immediate problem change policy for such a large amount of land. The policy question is whether to allow retail trade in Edison corridors. On the basis of our City policy, he would prefer a partial denial. MOTION: Moved by Buquet, seconded by King to deny the appeal and uphold the Planning Commission's decision. Motion carried unanimously 5-0. 4D. APPEAl. BY COUNCILMAN DA~. OF PLANNING DEPARTMENT'S DECISION APPROVING TREE REMOVAl. PERMIT 85-20 - TRACT 12532 - ARCHIBALD ASSOCIATES - The removal of four Eucalyptus trees in Archibald Associates Tract 12532, located on the north side of the Southern Pacific Railroad between Archibald and Ramona. Report presen- ted by Councilman Dahl. (0701-06 APPEAL) (32) Councilman Dahl presented the t-~o policy issues with this appeal: (1) Issue of tree preservation that whenever possible to require the developer to trim and maintain the healthy trees within their project until time of sale. In the case of the four trees in this appeal, the trees are healthy. If the trees must be removed, then we must require replacement trees according to our ordi- nance. He felt Council should make it a policy that tree removal permits must go to the Planning Commission. (2) When citizens have a problem with a staff decision that has not had a public hearing, then any type of appeal process to the Council should be paid for by the City and not by the citizens. If it has had a public hearing, then it should be paid for by the applicant. He would like to see this as a possible recommended policy change and brought back for a decision. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Bruce Ann Hahn, 9910 La Vine Street, across the street from the develop- ment. The trees removed included a cypress, palm, and a pine. If it had been looked at closer, perhaps these trees could have been preserved. Grading has been done with dirt piled around the trunk of the tree so that it will probably kill the tree. They took out a whole wind row, but prom- ised they would keep the four trees. Now they want to remove those also. She would like to see the trees retained. Randy Pogue, Pacer Homes and developer of the site, stated they never prom- ised anyone that they would save the four remaining trees on the City Council Minutes August 7, 1985 Page 8 <33) property. From the outset of the proposed development, they were opposed to keeping the trees. He felt this could have been avoided had the issue been addressed at the time the tentative map was approved. The trees do present a safety issue and should be treated as such. Dr. Alden Kelly, tree arborlet and one who is fond of blue gum eucalyptus trees, agreed that in this case the eucalyptus trees should not be left and they should not be topped. Topping was very injurious and creates on the long term more problems then it relieves. If the only way to keep the eu- calyptus is to top it, then you should get rid of it. The eucalyptus are messy, dirty, and high maintenance. The real issue is how much is it going to cost to keep the tree. These blue gums are pretty healthy although there are a lot of things wrong with them. He would give one of them about ten years before the two main parts of the top split out no matter what you do to it. If you retain the trees, the tops will have to be topped severely to protect from wind breakage and from summer branch drop. By the time the tree is trimmed enough to eliminate risk, you have upset the root top balance to the point that you are going to have an enormous rush of new growth. These branches grow rapidly, are weakly attached, brittle, and present a higher wind breakage hazard than what is there now. You are in a catch 22 situation; you make the tree so it is safe now, but you guarantee it won't stay safe. James Frost, City Treasurer, recommended a phased replacement of the trees. Lou Shriner, 6944 Berkshire, these four trees used to be homes to some owls and parrots. They haven't been seen since the starting of the land excavation. This is having a direct impact on the environment. By taking out the trees, we will be affecting what wild life we have in this area. Tom Shotke, 8888 Ridden Farm Road, stated that back in January the developer stated that he would keep the four trees although he denied it this evening. There being no further public response, Mayor Mikels closed the public hearing. Councilman Dahl stated that these trees are extremely attractive, but what he has just heard from the arborist, he was not in a position to argue. He did not want to see anyone injured because of a tree which has a life of ten to fifteen years because of root damage. For that reason, he would have to allow the removal of the trees. But he requested that the trees be replaced as stat- ed in our ordinance. With that he withdrew the appeal. ACTION: Councilman Dahl, appellant, withdrew the appeal. Mayor Mikels stated that the tree ordinance is going through revisions now as a result of action of a couple of months ago to incorporate the suggestion that the tree removal permit be made a part of the tentative tract map process be- fore any grading takes place. This will be considered very shortly when it comes to Council. Mayor Mikels also suggested that Council raise the issue re- garding appeals at another meeting. 4E. APPEal. OF CONDITIONS OF APPROV~T. FOR DESIGN REVIEW OF TRACT 12532 - Appeal by applicant of Planning Commission's condition of approval for Design Review for Tentative Tract 12532, a reapplication for design review of minor architec- tural changes to the approved elevations and adding one new elevation for 102 zero lot line and 9 single family lots on 14.5 acres of land in the Low Medium (4-8 du/ac) District, located at Monte Vista Street, between Archibald Avenue and Ramona Avenue - APN 202-181-05, 06, 15, 16. Staff report by Nancy Fong, Assistant Planner. (0701-06 APPEAL) City Council Minutes August 7, 1985 Page 9 Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Randy Pogue, Pater Homes, stated that at the time the tentative map was processed, they processed along with it four floor plans, one of which was a single story plan. During the course of the tentative map processing, the single story plan was eliminated from the development because it didn't fit on the lots they were proposing. The tentative map was approved with the three remaining floor plans. When they reviewed the total scope of the development, they determined they needed a fourth floor plan to fill a gap between the second largest and the largest plan which they designed in conformante with the design criteria which had been established on the oth- er three plans. The plan was approved in design review with no condi- tions. When it went to the Planning Commission, it was approved with the condition that the roofing material be changed from asphalt to concrete tile for the entire tract. Bruce Ann Hahn, 9910 La Vine, all the homes adjacent to this development have tile roofs. Mrs. Shrier, 6944 Berkshire, stated that the roofs from Monte Vista up are shingle, but from there on they are all tile. There being no further public response, Mayor Mikels closed the public hearing. Mayor Mikels stated that the Planning Commission had changed their policy with respect to roofing materials from the time this project was first approved and the time they came back for amendments to incorporate the new design. In many ways this appeal is no different from the situation where a tract map is given tentative approval and modifications are sought two years later after the De- velopment Code has been changed. When the requested change comes through, then the whole project must be brought up to the standard in existence. Councilmen Buquet stated anyone coming through would have to meet the same con- ditions. Ha realized there would be an additional cost incurred, but this is a marketing issue and the end product would have a higher market ability as far as the end product. MOTION: Moved by Dahl, seconded by King to deny the appeal and uphold the Planning Commission's decision. Motion carried unanimously 5-0. Mayor Mikels called a recess at 10:10 p.m. The meeting reconvened p.m. with Councilmembers Wright, Mikels, and King present). at 10:20 4F. ENVIRONMENTAT. ASSESSMENT AND TERRA VISTA DEVELOPMENT PLAN AMENDMENT 85-03 - LEWIS - An amendment to the Development Plan for the Tetra Vista Planned Commu- nity to change the land use designations in the southeast quadrant to include a hospital and mixed commercial, office and residential uses. Staff report by Bruce Cook, Associate Planner. (0203-05 PLANNED COMMUNITY) Mayor MikeIs opened the meeting for public hearing. Addressing Council was: Kay Matlock, Lewis Homes, encouraged Council's approval. There being no further public response, Mayor Mikels closed the public hearing. City Clerk Authelet read the title of Ordinance No. 270. City Council Minutes August 7, 1985 Page 10 (35) (36) (37) ORDINANCE NO. 270 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TERRA VISTA DEVELOPMENT PLAN AMENDMENT 85-03, REQUESTING A CHANGE TO THE LAND USE PLAN AND TEXT FOR THE SOUTHEAST QUADRANT OF TERRA VISTA, INCLUDING A HOSPITAL AND MIXED COMMERCIAL, OFFICE AND RESIDENTIAL USES, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF ROCHESTER AVENUE, EAST SIDE OF MILLIKEN AVENUE MOTION: Moved by Dahl, seconded by Wright to waive full reading of Ordinance No. 270. Motion carried 3-0-2 (Buquet and Dahl absent). Mayor MikeIs set second reading of Ordinance No. 270 for August 21, 1985. (Councilmembers Buquet and Dahl returned to the Council table at 10:25 p.m.). 4G. ENVIRONMENTAT. ASSESSMENT FOR CUCAMONGA CREFK TRAIL AND PARK PROJECT RECREA- TION FACILITY. Staff report by William Holley, Community Services Director. (1404-05 PARK) Mayor Mikeis opened the meeting for public hearing. Addressing Council was: Pam Henry, Chairman of the Parks Commission, urged Council to follow staff's recommendation and approve the project. There being no further public response, Mayor Mikels closed the public hearing. MOTION: Moved by MikeIs, seconded by Dahl to approve the environmental assess- ment for the Cucamonga Creek Trail and Park Project by approving the Negative Declaration. Motion carried unanimously 5-0. 4H. RESIDENTIAl. REFUSE COLLECTION PERMITS - Consideration of matter of issuing residential refuse collection permits pursuant to Section 66757 of the Califor- nia Government Code and Chapter 8.17 of the Rancho Cucamonga Municipal Code. Permit applicants: Service Area One, Best Disposal Company; Service Area Two, Western Waste Industries; Service Area Three, Yukon Disposal Service; Service Area Four, Rancho Disposal Service, Inc. (CO 85-82). Staff report by Robert Rizzo, Assistant City Manager. (1170-04 REFUSE) Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Mikeis, seconded by King to grant residential refuse collec- tion permits as follows: Service Area One to Best Disposal Company Service Area Two to Western Waste Industries Service Area Three to Yukon Disposal Service Service Area Four to Rancho Disposal Services Inc. Motion carried unanimously 5-0. 5. NON-ADVERTISED HEARINGS 5A. ORDINANCE REGULATING AMBULANCE SERVICES WITH THE CITY OF RANCHO CUCAHONGA - Consideration of an ordinance establishing minimum standards for the operation City Council Minutes August 7, 1985 Page 11 of ambulance services within the City. Item continued from July 31, 1985 meet- ing. Staff report by Mark Lorimer, Administrative Analyst. (1206-01 AMBU- LANCE). Mayor Mikeis opened the meeting for public comment. Addressing Council was: Homer Aertz, representing Mercy Ambulance. There being no further public response, Mayor Mikels closed the public hearing. City Clerk Authelet read the title of Ordinance No. 269. ORDINANCE NO. 269 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAIN- ING TO THE REGULATION OF AMBULANCES MOTION: Moved by MikeIs, seconded by Buquet to waive full reading of Ordinance No. 269. Motion carried unanimously 5-0. MOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 269. Councilwoman Wright stated in the past she had expressed concern regarding the response times. In investigating, she found out a ten minute response time was the average in Los Angeles. She felt satisfied that ten minutes for an ambu- lance was not critical. She did have concern about the need and necessity as outlined in the ordinance. MOTION: Carried by the following vote: AYES: Buquet, Mikels, Dahl, King NOES: Wright 6. CITY MANAGER'S STAFF REPORTS 6A. CONSIDERATION OF AMENDING MAY 5. 1983 LOAN AND PLEDGE AGREEMENT (CO 83-026). BETWEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF TMR CITY OF RANCHO CUCAMONGA REGARDING THE DAY CRERK/ETIWANDA DRAINAGE IMPROVEMENTS. Staff report by Linda Daniels, Senior RDA Analyst. (0602-01 CONTRACT) Mayor Mikels opened the meeting for public comment. There being no response, the public portion of the meeting was closed. MOTION: Moved by Dahl, seconded by King to approve the amendment to the 1983 Loan and Pledge Agreement. Motion carried unanimously 5-0. 6B. AUTHORIZATION FOR THE CITY TO ISSUE BONDS FOR A COMMUNITY FACILITIES DIS- TRICT FOR CONSTRUCTION OF DAY CRE~X IMPROVEMENTS. (0403-01 COM FAC DIST) Reports presented by consultants, Warren Diven, Bill Fieldman, and Scott Sollars. RESOLUTION NO. 85-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND PROVIDING FOR ISSUANCE OF BONDS OF A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Buquet, seconded by Dahl to approve Resolution No. 85-241. Motion carried unanimously 5-0. (38) (39) City Council Minutes August 7, 1985 Page 12 (40) (42) (43) 6C. ACCEPTANCE OF A PURCMASE CONTRACT (CO 85-81) BETWEEN TRK. CITY OF RANCHO CUCAMONGA AND STONE AND YOUNGBERG AND AWARDING TRK. SALE OF BONDS OF A COMMUNITY FACILITIES DISTRICT FOR CONSTRUCTION OF DAY CRE~K IMPROVEMENTS. Warren Divert, attorney (0602-01 CONTRACT). RESOLUTION NO. 85-242 Report by A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING PURCMASE AGREEMENT AND MAKING AWARD FOR SALE OF BONDS IN A COMMUNITY FACILITIES DISTRICT MOTION: Motion carried unanimously 5-0. Moved by Buquet, seconded by Wright to approve Resolution No. 85-242. 6D. APPOINTMENT OF BANK OF AMERICA. NT&SA. AR FISC~T. AGENT FOR THE COMMUNITY FACILITIES DISTRICT NO. 84-1. (0400-00 FINANCE) RESOLUTION NO. 85-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPOINTING FISCAL AGENT FOR PURPOSES OF SERVICING CERTAIN SPECIAL TAX BONDS Moved by Dahl, seconded by Buquet to approve Resolution No. 85-243. MOTION: Motion carried unanimously 5-0. 6E. CONSIDERATION OF MINIMUM DWELLING UNIT SIZES IN THE CITY. Senior Planners Dan Coleman and Otto Kroutil. (Item removed. ered under item 7A). Staff report by Will be conaid- 6F. UPDATE ON VECTOR CONTROL PROGRAM. (C085-087). Staff report by Mark Lori- met, Administrative Analyst. (0602-01 CONTRACT) Councilman Buquet presented a report from the meeting both he and Councilman King had with Mr. Zdunowski, vector control consultant. He recommended that Council enter into contract with Mr. Zdunowski for vector control services. MOTION: Moved by Buquet, seconded by King to approve the contract with Mr. Zdunowski. Mayor Mikeis opened the meeting for public input. public portion of the meeting was closed. Councilwoman Wright did not feel this was enough. are taking enough action. MOTION carried unanimously 5-0. There being no response, the She wasn't convinced that we ADDED ITEM: CODE ENFORCEMENT OFFICER. (CO85-085). Rizzo, Assistant City Manager. (0602-01 CONTRACT) Staff report by Robert MOTION: Moved by Mikels, seconded by Dahl to approve the Contract with Joe Torrez for Code Enforcement Services. Motion carried unanimously 5-0. (Councilman King left at 11:00 p.m. City Council Minutes August 7, 1985 Page 13 7. COUNCIL BUSINESS 7A. REOUEST BY COUNCILMEMBER DAm. TO DISCUSS MINIMUM SQUARE FOOTAGE REQUIRE- MENTS FOR RESIDENTIAl. DEVELOPMENT - This item may be referred to the Planning Commission. Staff report by Otto Kroutil, Senior Planner. (0203-05 DEVELOP CODE) Councilman Dahl stated we needed to increase our standards of development and mininmm square footage requirements. He felt the Planning Commission should be requested to study the following issues and bring back to Council for consid- eration: Minimum square footage requirements for housing, and Increasing standards of development specification which require more wails and ceilings, etc.). of apartments, (for example, condo covered parking, noise attenuation in MOTION: Moved by Dahl, seconded by Wright to refer to the Planning Commission for study. Councilman Buquet questioned discussing this without full Council. He would prefer Council receive the report now and review this when there is a full Council and all have had a chance to review the matter. Councilman Dahl withdrew his motion. MOTION: Moved by Buquet, seconded by Wright to set the item for the next meet- ing on August 21. Motion carried 4-0-1 (King absent). 8. ADJOURNMENT MOTION: Moved by Wright, seconded by Buquet to adjourn. Motion carried 4-0-1 (King absent). The meeting adjourned at 11:10 p.m. Respectfully submitted, Beverly A. Authelet City Clerk (44) Approved: September 18, 1985