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HomeMy WebLinkAbout1985/07/03 - Minutes July 3, 1985 CITY OF PANClt0 CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ 1. C~a.L TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, July 3, 1985 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:35 p.m. Present were Council members: Pamela J. Hright, Charles J. Buquet (who arrived at 7:40 p.m.), Richard M, Dahl, and Mayor Jon D. Mikeis. Also present were: City Manager, Lsuren M. Wasserman; City Clerk, Beverly A. Authelet; City Attorney, James Markman; Assistant to City Manager, Robert Rizzo; Administrative Analyst, Mark Lorimer; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Finance Direc- tor, Harry Empey; and Community Services Director, Bill Holley. Absent: Councilman Jeffrey Ring. Approval of Minutes: June 5, 1985 and June 13, 1985. (Minutes were not ap- proved: Councilman Buquet had not yet arrived and Councilwoman Hright would be abstaining since she had not been present at the meetings. Item was moved to end of the meeting, but forgotten). 2-. ANNOUNCEMENTS/PEESENTATIONS 2A. Wednesday, July 10, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Com- munity Center. 2B. Thursday, July 18, 1985 - 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Cmnmunity Center. 2C. BISTOalC PRESERVATION COMMISSION will not be meeting during July and August. 2D. Mr. Wasserman requested that an item be added to the Consent Calendar: 3P. Summary Vacation of Unused portion of City flood control & water con- servation easement at the southwesterly corner of Foothill & Hellman. 2E. Mr. Wasserman announced that the City Planner, Rick Gemez, would be leaving the City to accept employment in the private sector. 3 .- CONSENT CALENDAR Councilwoman Wright requested that Consent Calendar item L be removed for dis- Cussion, City Treasurer, James Frost, requested that item E be removed for discussion. Mayor Mikels requested that item K be removed for discussion. Councilman Dahl requested Chat item M be removed for discussion. City Council Minutes July 3, 1985 Page 2 (1) (2) (3) (4) (5) ' (6) (7) (8) (9) (lo) (n) (12) (~3) 3A. Alcohol Beverage Application (AB85-12) for off-sale beer & wine, Penny's Petals, 8405 Haven Ave., Michael P. and Penelope T. Milon. (0409-04 ALCOHOL) 3B. Alcohol Beverage Application (AB85-13) for on-sale beer & wine eating place, Chefshy's, 9170 Haven Avenue, Anthony J. and Cheryl A. Fioreuza. (0409-04 ALCOHOL) 3C. Approval of City-State Agreement (CO054) Supplement No. 9 to seek bids for the Archibald Avenue Trunk Sewer and Street Construction of 4th Street to Base Line Road FAU No. 08-5420. (0602-01 CONTRACT) (0~01-01 BID) RESOLUTION NO. 85-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AU~IIORIZIIlG THE EXECUTION OF LOCAL A~NCY STATE ~REEMENT NO. 08-5420 SUPFLUENT NO. 9 RESOLUTION NO. 85-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OF ARCHIBALD AVENUE OVERLAY AND TRUNR SEWER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE FOR BIDS 3D, Approval to renew maintenance contracts for: Parkway and Irrigation Maintenance with StEM Co. (C084-34) with +31 adjustment; (0602-01 CONTRACT) Street Sweeping with R.F. Dickson (C084-40) with +4I adjustment; (0602-01 CONq~ACT) Concrete Repair with J.H. Concrete (C08~-08) with +SZ adjustment; (0602-01 CON~a~CT) Supplementat7 and Emergency Repairs with Eaird Construction (C084-41) wxtn +2Z adjustment for labor only; (0602-01CO8~ACT) and to solicit bids for Street Tree Maintenance Contract. (0601-01 BID) 31. &ccept the Beryl-Bellsmm Storm Draia (23-4637-8069) Improve mats (CO8~=22 liversida Construetim), autborise the City Engineer to file a motice of tem- pletied, telroe perfozmlnce bead ($898,~04.~0) end roteties (S44,9.45.23), and setharise final pepsst, (ICa removed for discussion), (0602-01 so~D RELEASE) (1170-08 mOOD COeTROL) RESOLUTION NO. 8)-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAIlClIO CUCAMONGA, CALIFORNIA, ACCEPTIIlG THN PUBLIC IMPROVEMENTS FOR BRNYL-H~LLMAN STORM DRAIN AND AU~IIORIZING ~iE FILING OF A NOTIC~ OF COMFLETION FOR THE WORN 3F. Accept Improvements from Ramona Avenue from Base Line North to the Pacific Electric Hailroad (11-4637-8102), release performance bond ($75,741.93) and re- tention ($9,137.64), and authorize final payment (C084-074 Wiley Construction). (0602-01 B~SD RELEASE) (1110-12 STREET IMPROVEMENT) RESOLUTION NO. 85-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RAMONA AVENUE FROM BASE LINE NORTH TO THE PACIFIC ELECTRIC RAILROAD AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes July 3, 1985 Page 3 3G. Accept Real Property Improvement Contract and Lien Agreement for Parcel Map 8815 located west of Beryl and south of 19th Street submitted by ltoutz & Son. (0602-01 AGREE!~T LIEN/IMPROV) RESOLUTION NO. 85-212 A RESOLUTION OF TItE CITY COUNCIL OF TNE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN ~I~REENE~T FROH HOUTZ & SONS FOR PARCEL MAP 8815 AND AUTHORIZING THE KAYOR AND CITY CLERK TO SIGN THE SANE 3H. Approval of Bonds, Agrem-ent, and Final Nap of Tract No. 12830 located on the west side of Beryl Street, south of 19th Street submitted by Citation Homes. (0602-01AGREEIeIT II4PROVENENT) (1002-09 TRACT EAIm) RESOLUTION NO. 85-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCANONGA, CALIFORNIA, APPROVING IMPROVEI4ENT AGREENENT, INPROVEHENT SECURI- TY, AND FINAL NAP OF TRACT NO 12830 31. Approval of Professional Services Agreement (C085-067) with G.P.S. Consult- (17) ing Civil Engineers to perform plans, specifications, and estimates for Lemon Avenue Reconstruction from Archibald to Hermosa with design for box culvert crossing at the Alta Loma Channel. Amount not to exceed $34,200.00 to be paxd from Article 8 SB-325 funds. (0b02-01 CONTRACT) 3J. RELEASE OF BONDS: Tract' No.-10046 located north of Hillside Road betTeen Archibald Avenue and (18) Hermosa Avenue and Tract* No. 10067 located south of Hillside Road betTeen Archibald Avenue and Hermosa Avenue submitted by The Anden Group. (0b02-01 BIIqD RELEASE) Faithful Performance Bond Labor & Material Bond $733,000.00 S366,500.00 Tract Noa' i2337. 12337-1.-12237~2 located east of Hermosa Avenue northerly (19) of Hillside Road submitted by Dick Scott, Inc. (0602-01 IK~D RELEASE) Faithful Performance Bond Labor & listerial Bond $392,000.00 $196,000.00 Tract No 9441 and 11609 located sough Avenue and Hermosa Avenue submitted by (0602-01 l~[ID REL~B) of Wilson Avenue betTeen Archibald (20) Crismar Development Corporation. Faithful Performance Bond Labor & Naterial Bond $650,600.00 $325,000.00 Parcel MaD 7731 located on the west side of Haven Avenue betTeen 6th and (21) 7th Street submitted by Santa Artira Development. (0~02-01 BOlD RELEASE) Honomentation Bond $ 1,500.00 3K, Approval to forward Claim for Equitable Indemnity by So~therm California (22) ~dison Cmpsny (CL85-016) relating to Claim by James Farrat (CL8~-030) to Carl Warren Company for handling. Item removed for discussion. See page 12 of min- utes. (0704-06 CLAIH) 3L. Set public hearing for July 17, 1985 - Appeal of Tree Removal Permit (23) 85-25. An appeal by the applicant of the Flannin8 Division's denial of Tree Removal Permit 85-25 for Tract 10277-2 and 10277 - lings Rancho Estates (Barmaidan). Item removed for discussion. (0701-06 APPEAL) City Council Minutes July 3, 1985 Page 4 (24) (25) (26) (27) 3M, Set public hearing for July 17, 1985 - Tentative Tract 12532 - Archibald lasociates. Appeal by applicant of Planning Coumiszion'a condition of approval for Design Review for Tentative Tract 12532, a reapplicatiou for design rniew of minor arehitectural 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 Medim (~-8 du/ae) District, located at Monte Vista Street, between Archibald Avenue and Ramone Avenue - li~ 202-181-{}5, 06, 15, 16. Item removed for discussion. (0701-06 APPEAL) 3N. Set public bearing for August 7, 1985 - Appeal by Councilman Dahl of the Planning Deparment's decision approving a Tree Removal Permit No. 8~-20 to re- move four eucalyptus trees in the Pater Homes Tract No. 12522 located on the north side of the Southern Pacific Railroad between Archibald and Ramone. (0701-06 APPEAL) 30. Approval of the Law Enforcement Service Contract (C085-068)for fiscal year 1985-86 with the County of San Sernardino. (0602-01 CONTRACT) 3P. ADDED ITKM: Summary vacation of unused portion of City flood control and water conservation easement at the southwesterly corner of Foothill and Hellman. (1110-18 VACATION STREET) RESOLUTION NO. 8~-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONGA, CALIFORNIA, SUMMARILY ORDKRING ~tE VACATION OF A PORTION OF A CITY FLOOD CONTROL AND WATER CONSERVATION EASE- MENT MOTION: Moved by Dahl, seconded by Wright to approve the balance of the Con- sent Calendar (items e, k, 1, and m removed for discussion). Motion carried by the following vote: AYES: Wright, MikeIs Dahl NOES: None ABSENT: Buquet and ling DISCUSSION OF ITEMS: Accept the Beryl-Hellman Storm Drain (23-4637-8009) Im- provenears, authorize the City Engineer to file a Notice of Conpletion, release performance bond ($898,904.50) and retention ($44,945.23), and authorize final payment. (See pu2e 5 for motion and vote). sxSOLUTION HO, 85-210 A RESOLUTION OF I~IE CITY COUNCIL OF THE CITY OF IL~NCHO CUCAMONGA, CALIFOKNIA, ACCEPTING 1ItS PUBLIC IMPROV~TB FOR BFaYL-HZLLM~N STORM DeaIN AND AUTEORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Treasurer, James Frost, presented sane historical background on the item. This was one of the first trouble areas facing the City after incorporation which led to several Claims against the City. DISCUSSION OF ITEM L: Set public bearing for July 17, 1985 - Appeal of Tree Re- moval Permit 85-25. An appeal by the applicant of the Planning Divlsion's de- nial of Tree Removal Permit 85-25 for Tract 10277-2 and 10277 - Kings Rancho Estates (Barmakian). Mayor MikeIs expressed that the public hearing date be changed to August 7th since two members of the Council would not be present, and they would like input on this item. (See page 5 for motion and vote). City Council Minutes July 3, 1985 Page 5 DISCUSSION OF ITEM M: Councilman Dahl wanted the public hearing set for August 7th on this item also. (See motion and vote below). DISCUSSION OF ITEM K: Will be discussed in Closed Session. MOTION: Moved by Dahl, seconded by Wright Co approve Consent Calendar items E, L, and M with Item K to be discussed in Closed Session. Motion carried by the following vote: AYES: Wright, MikeIs, Dahl NOES: None ABSENT: Buquet and King ADVERTISED PUBLIC REARINGS 4A. APPEAL OF THE ADJACENT PROPERTY Ot~IERS ON THOROUGHBRED STREET OF THE PLAN- NING COMNISSION'S DECISION ~PPROVING 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 SapphXre Street, south of Jennet Street - APN 1043-121-3, 1062-161-1 and 1062-011-3. Item continued from May 1, 1985. (0701-06 APPEAL) Mayor MikeIs stated that the Ad Hoc Committee of the Council which had been formed to revie~ this had met a couple of times and discussed the concerns of the adjacent property owners. The applicant, Plaza Builders, has also met with the Ad Noc Committee and went over the list of items which had been identified as concerns and to a large degree most of the differences have been resolved. There are some remaining issues, and those are: pitch of the roofs on the one story units, landscaping provisions, and a separate issue by the developer to increase the nmmber of lots by reducing the square footage from 22500 to 20000 which will allow approximately four more lots to the project. Staff recommended, if Council concurs with the resolutions of these issues, that the applicant a~ree to a continuance of the item to a specific time (under the requirements of the State law and the tentative map) when he can prepare these drr~ings for Council's review. Thirty days has been recommended. Councilman Buquet arrived - 7:45 p.m.) Mayor Mikeis opened the meeting for public hearing. Addressing Council were: Kathryn Braoman, attorney in the law office of David Shaffer representing the homeowners of Thoroughbred, asked if it would be possible for there to be an interim period of perhaps two weeks during which the Ad Noc Committee could review the developer's recommendations? Mayor Mikeis asked Mr. Marquardt if this would be possible. It was resolved that they could set the continuance to August 7th, and if the request had not been accomplished then it could be continued to the 21st of August. Ms. Branan stated they would be agreeable to that. Ms. Brahman stated the other issue was regarding the Environmental Impact Report (in her letter dated May 31, 1985 on behalf of the appellant). This has not been addressed. They want to know if this will be addressed, and if so, will it be a subject on the Agenda at the August 7th meeting? City Council Minutes July 3, 1985 Page 6 City Attorney stated there is an EIR and there are points on it that are on the record. He has talked with Ms. Brahman before, and what she is going to have to see is the mitigation measures that come back as part of the package for ap- proval. City Planner, Rick Gomez, stated that an initial study was prepared and a nega- tive declaration was issued by the Planning Commission which has been stayed. A Notice of Determination will not be filed until the appeal process is com- pleted. Mayor MikeIs stated that when the appeal has concluded then the negative decla- ration will be part of the findings of the Council when the tentative tract map is filed. At that time, she can voice any further objections in the initial environmental study. If Council feels they are appropriate, then they can ask for an ZIR on the alternative. John Hazelrigg, 8079 Thoroughbred, stated they were concerned about the roof pitches on the one story elevations. The Ad Boc Committee, of which he was a member, negotiated with the developer with him offering a 3,300 square foot home and retaining the 2,000 square foot home with a stxpula- tion that this home be enhanced in appearance to create the illusion of at least a bigger home and fit in with the surrounding neighborhood. They feel that the increase roof elevation pitch is very important co the ap- pearance of this tract along with the offsetting of the garages partially to the side to create a wider elevation in the front. If these betterments are made to the 2,000 square foot home, they could live with it. Tim Marquardt, Plaza Builders, 3187 airway Avenue, Costa Ream, had nothing to add, but did state for the record that it was acceptable to him to the continuance to August 7, 1985. There being no further public response, Mayor MikeIs closed the public hearing. Council considered each issue individually as folloes: 1. Pitch of' Roof. Mayor MikeIs recatmended that Council approve the 7112 pitch on the single story units. Council concurred with the recommendation. 2. Laudsca~inx. Developor proposed offerinS $2,000 front yard landscaping allowance to be installed within a fixed period of time versus the M aoc Committee's recomsendation of providin2 landscaping services to the humcorners by the developor. Mayor BikeIs said the issue was how to $et the front yards landscaped. Councilman Dahl expressed concern with the $2,000 allowance; sumcone might keep a portion of the money for himself. There needs to be an assurance the money will be spend for that purpose. Mayor Mikeis stated that one thinS discussed was to require the irrigation sys- tem to be the first expenditure of those monies. Not discussed at the Ad Hoc Committee, he wondered if perhaps this could be keyed to an occupancy permit co require that the landscaping be completed. Jack Lem, Community Developcent Director, stated that the unit cannot be occupied unless it is cleared for occupancy. After all the inspections are done, it is signed off that it is cleared for occupancy. Under thxs sugges- tion, you would be requesting that the landscaping be installed prior to occupancy. Councilman Buquet felt this would be a problem because when the clearance is given for occupancy, at that time the utilities can be turned on. A person would have a problem maintaining the landscaping until such time someone moves into the house. City Council Minutes July 3,198) Page 7 John Hazelrigg stated they were not as concerned about the landscaping not getting put in, but that it be done by one contractor so there would be compatibility. Councilwoman Wright expressed it hard to believe that Rancho Cucamonga has nev- er had a developer that provided landscaping as part of the homes for sale and that any other City has not had a developer offer front yard landscaping as part of the buying of the home. If that is the case, then she does not under- stand the problem of being able to work out something this developer could of- fer this without having problems of maintenance between the time the home is sold and the people move in. Mayor MikeIs responded that in this case there was the distinction of having a cookie cutter uniformity to the landscaping and wanting some variety and diversity in the landscaping, but not wanting something too far out that it would be incompatible. The Ad Hoc Committee felt it best to have it done by one firm in order to have the uniformity necessary. Mike Vairin, Deer Creek Company, 8480 Utica Avenue, Rancho Cucamonga, stat- ed they had been dealing with landscaping with their homes for quite some time. The Deer Creek Project has a very strong Homeo~ners Association. They still have a difficult time, and are presently in litigation with some who have still not put in their landscaping within the given period of time. Even with such a strong Association, it does not guarantee that the homes will be landscaped within the period of time. He disagreed with the philosophy of Council to require front yard landscaping to begin with. He felt it takes away the individuality of the homeowner to do what he wants to do. They offer front yard landscaping and have experienced some serious problems with it. They put in the landscaping, the homeowner lets it die because they don't like it; they want to do their o~n thing. Mr. Ron Dlugi, 6611 Bandola, expressed concern about the precedent this will set. There being no further public response, mayor HikeIs closed the public hearing. ~ayor MikeIs recessended approval of the $2,000 alloeance for landscaping be accepted by Council and require that the hoseochers be given a reasonable peri- od of time to utilize ~he allwance for landscaping with the irrigation system to be a part of that expenditure or the money will be lost. Council discussed whst would be s reasonable period of time. Tim Narquardt stated you must give people time to get their drapes, etc. ~ayor Mikeis suggested a ninety day period. Jim Barton, Barton Devetopsent~ stated that landscaping was a seasonal thing. Setting a time limit was very limiting in what you can do. John, a gentlean from the audience, stated the intent was to make sure that the homeochers were pleased with the final product. It is seasonal, but its not that seasonal. He had his front yard put in in November, December, and January. Mayor Mikeis suggested that a person be given 120 days Co utilize the $2,000 allowance from the developer and that the minimum requirement be 801 sod, 20Z groundcover, and 25X 5-gallon trees and shrubs. MOTION: Moved by Dahl, seconded by Wright to approve the following findings: a. A homeowner be given 120 days to utilize the $2,000 allowance from the developer for front yard landscaping; and b. Developer offer a contractor to do work within 120 days from close of escrow; and c. Work include 80% sod, 20% groundcover, and 25% 5-gallon trees and shrubs; and City Council Minutes July 3, 1985 Page 8 (29) d. If offer not taken, then homeowner would lose the money. Motion carried by the following vote: AYES: Wright, Dahl, Mikeis NOES: Buquet ABSENT: King Mayor MikeIs called a recess at 8:45 p.m. The meeting reconvened at with all Councilmembers but Councilman King present. 9:1~ p.m. 3. Consideration of increase in number of lots to 57. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: John Hazelrxgg stated the only issue was that some of the larger homes would not sit on the lot size, and they mXght have a greater number of the smaller humes. They would want an equal distribution of all the home sizes. Mayor Mikels stated they were looking for a compatible distribution instead of an equal distribution. Larry Bliss, Plaza Builders, stated the money was in the larger homes so they would want to sell as many of the larger homes as possible. There being no further public response, Mayor Mikeis closed the public bearing. MOTION: Moved by Dahl, seconded by Buquet to recognixe the increase of the number of homes to 57 as a Condition of Approval and direct staff to place the appropriate sized home on the appropriate lot size with a minimua lot size of 20,000 square feet, and bring hack for approval prior to final map. Motion carried 4-0-1 (King absent). 4B. BN-VIROSN~NTAL IaSKSSMEIT ~D DIVKLOI~IT DIS~ICTS ~T 85~6 - CI~ Of ~C~ C~, h ae~ent ~o the ~elo~en~ Districts L~-~dim bsiden~ial (~8 du/ac) and L~ bsidencial (2-4 du/ac) co Very L~ ~sidenCial (less than 2 du/ac) on 20,2 acres of land lo~ed on the south side of Wilson, ~een hven and ~yber~, and to include those parcels frontins on the west side of ~ybsr~ - ~ 201-1~-~-10, 5~60, ~-85. ~esented by Rick G~ez, City Planner. (0203~5 DE~OP Mayor MikeIs opened the meeting f~r public bearing, There being us response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 267. OinlN~NCE NO. 267 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RailCliO CUCa~IONGA, CALIFORNIA, REZCI~ING ASSESSON'S PARCEL NUMBER 201-181-7-10, 59-60, AND 80-85, LOCATED ON THE SOOTH SIDE OF ilLSON, BE~EI~ HAVEXq AND MAYBERRY AND INCLUDING TMOSE PARCELS FRONTING ON THE WEST SIDE OF MAYBEBaY FROM LOW MEDIUM RESIDRNTIAL (4-8 DU/AC) AND LOW RESIDENTIAL (2-4 DU/AC) TO VERY LOW RESIDENTIAL (LESS TIIAN 2 DU/AC) MOTION: Moved by Dabl, seconded by Buquet to waive full reading of Ordinance No. 267. Motion carried 4-0-1 (King absent). MOTION: Moved by Dahl, seconded by MikeIs to approve Ordinance No. 267. Mo- tion carried 4-0-1 (King absent). City Council Minutes July 3, 1985 Page 9 4C. ENVIRONIeTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 85-02 - KOOYMAN. A Development District Amendment from Medium Residential (8-14 du/ac) to Low Medium Residential (4-8 du/ac) for 9.75 acres of land located at the northeast corner of Archibald Avenue and Highland Avenue - APN 201-252-23, 25, 26. Report presented by Rick Gomez, City Planner. (0203-05 DEVELOP DISTRICT) Hayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 268. ORDINANCE NO. 268 (second reading) AN ORDINIICg OF ~!IE CITY COUNCIL OF THE CITY OF R&~iCHO CUCANONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201-252-23, 25, 26 LOCATED ON THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND HIGHLAND AVENUE FROM MEDIUM RESIDENTIAL (8-14 DU/AC) TO LOW IIIiDIUN RESI- DENTIAL (~-8 DU/AC) MOTION: Moved by Buquet, seconded by Wright to waive full reading of Ordinance No. 268. Motion carried 4-0-1 (King absent). MOTION: Moved by MikeIs, seconded by Buquet to approve Ordinance No. 268. Mo- tion carried 4-0-1 (King absent). ~1). INTERIM ZONING ORDINANCE PERTAINING TO THE EST~aLISHNENT OF ADULT BUSINESS- E~S. Report by Jim Markman, City Attorney. (0203-05 ADULT BUSINZSS) Mr. Markman stated that this is the time to extend the 45 day freeze on adult type uses to March 6, 1985 for study purposes. Hayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 266-A. ORDINAliCE NO. 266-A (urgency measure) AN ORDININCR OF THE CITY COUNCIL OF THE CITY OF KINCHO CUCAMONGA, C&LIFORNIA, EX~DING THE EFFICTIVK DATE OF ORDINANCE NO. 266 PERTAINING TO INTERIM URGENCY Z(IIING REGULATIONS WITH REGARD TO THE ESTABLISHMENT OF AIXILT BUSINESSES. MOTION: Moved by Wright, seconded by Dahl to waive full reading of Ordinance No. 266-A. Motion carried 4-0-1 (King absent). MOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 266-A. Mo- tion carried 4-0-1 (King absent). Council considered items 4E, 4F, and 4C together as one item. 4E. ORDERING THE- MORi IN CONNECTION WITH ANNEXATION NO. 9 FOR TRACT NOS 12588 AND 12028 THROUGH 12031 TO STREET LIGHTING IiAINTENANCE DISTRICT NO. !. Staff report by Lauren Wasgerman, City Manager. (0403-01 ST LIGHT MAINT DIST) RESOLUTION NO. 85-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 9 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AND ACCEPTING THE ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 City Council Minutes July 3, 1985 Page 10 (33) (34) (35) 4F. ORDERING- Tag WORK IN CONNECTION WITH ANNEXATION NO. 11 FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 TO STREET LIGHTING MAINTENANCE DISTRICT NO. ~. (0403-01 ST LIGHT MAIliT DIST) RESOLUTION NO. 85-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING ~ltE WORK IN CONNECTION WITH ANNEXATION NO. 11 TO STREET LIGHTING MAINTENANCE DISTRICT NO. I AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 IllROUGH 12031 G. ORDERING THE WORK IN CONNi~CTION WITH ANNEXATION NO. 24 FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 TO LANDSCAPE MAINTENANCE DISTRICT NO. I. (0403-01 LANDSCAPE MAINT DIST) RESOLUTION NO. 85-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 24 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FI- NAL BIqGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 THROUGM 12031 Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Mikels, seconded by Buquet Co approve Resolution Nos. 85-21~, 85-215, and 85-216. Motion carried 4-0-1 (King absent). BEARINGS No items submitted. 6~' CITY MANAGRR;S STIFF REPORTS 6A. STATUS RBPOR~ON'aPiRI~f~T DEVKLOPMEHT, The City Council will rov~ew ex- isting and proposed apsrment projects in the western portion of the City in order to discuss future direction relative to apartment development. Statf re- port by Rick Gomez, City Planner, and Otto Kroutil, Senior Planner. (0203-03 PLANNING) Nayor MikeIs opened the meeting for public input, AddressinE Council was: Jim Barton, Barton Development, expressed that the last time tbxs was dis- cussed, Council was considering a moratorium, He felt this was proceedinE in the right direction. Councilman Dahl stated he had no intention of seeking a moratorium this evening or at anytime. Mayor MikeIs stated the data whlch is clear that in the current economic envi- ronment that we have a considerable amount of apartment uses being built. The issue of percentage of land allocated to multi-family rental structures com- pared to other residential land uses is one item which remains fixed, and what we are experiencing is the operation of the market. However, that is tempered by the fact that aparr-ent units were not built at all in 1981 and 1982. Mar- ket forces and other forces at work creating no units, and seemingly opposite forces are at work in this period of time. He felt the action taken by Council about a month ago of below market financing was approved for apartments. He felt this stimulates and induces some development. He voted against it at that time. He felt that if one subtracted out the number of City Council M~nutes July 3, 19~ Page 11 units which have been assisted in terms of financing or by Section 8, the total wn~ber of units built since 1983 is only a little over 400. We do not know if these units would have been built without the financial assistance. However, he felt it was a strong indication that this was true. He recommended that Council rescind the approval of the agreement with the Council to participate in the multi-family mortgage bond program. Be felt this was one way of con- trolling this by taking Council's intervention into the market away and let pure market forces operate. Councilman Dahl stated we still have CHAFFA to consider. Under the CliAFFA financing program, the City of Rancho Cucamonga would have no say. Apartment developers can go to the State, and if they meet the specific requirements, they can be funded and build. He was also concerned about the report by staff. What staff did not state in the report was that nearly 1,104 (or one-half) of the total units were filed in 1985. We have not yet seen these being built. Within the last six months we have received almost as many apartment unit approvals as in the previous seven years. Councilman Dahl further stated that he did not have a problem with apartments in the Planning Communities. Mayor Mikels asked if he was concerned with where it was visible or on the overall? Councilman Buquet felt we should be careful. These properties sat vacant for a long time because it was not a market need and was a saleable product at the time. Now it presently is. One thing which should be dealt with is the zoning designations. We still have the 10 to 24 unit designation sitting on the map. What would help alleviate concerns would be when Council can focus in more clearly exactly and specifically what density ranges will be allowed on these specific parcels. We need to take the higher end density ranges and refine them and focus them so there would not be the intense desire for a developer to come in and max the thing out, Mayor Mikeis opened the meeting for public input. Addressing Council yes: John Melcher, Lewis Homes, stated their company is heavily committed to the development of apartments in gancho Cucamonga. Felt it was a natural re- sponse to the sudden realization of something going on which when it was approved on paper, it didn't present the full i~pact, Council has address- ed four ways to handle the situation: a moratorium, some system of gro~th management, rescind previous approvals for bond financing, and to direct the whole matter to staff to determine whether it is s problom at all or whether in fact it is just an occurrence that in time will eventually fit into the community as planned. They strongly requested that Council aban- don consideration of that alternative since they have two projects included in this, at least insolaf as it reflects on Tetra Vista. Councilman Buquat expressed that "affordable housing" is becoming a new buzz word. He finds it amazing when one talks about affordable rental housing in the range of $490 to $600 per month. Felt this was often overlooked in keeping this within a range that the average median income can afford. This is not a subsidized housing, This is something which should be cleared up, Councilwoman Wright felt that the point was not what the General Plan looks like on paper, but what we see happening at the present time. We now have more apartments developing and it appears that we have an apartment glut. Residents are concerned that this is going to be a city of apartments. She felt that families will see the City as a place for apartments, not a family home commu- nity. She does not want to hand this to staff and have them dream up what Council wants and come back with another report. She wanted something done, but wanted it to be serious and not a political move. Clear directions should be given to staff as to what Council wants to do. Mayor MikeIs responded that he did not feel ready to give explicit direction to the staff. City Council Minutes July 3, 1985 Page 12 Councilwoman Wright asked the City Attorney what legal parsmeters the Council had regarding a growth management plan for apartments. Jim Markman responded that the general legal par~/meters on residential growth management control allows a certain number of units per year to be built on a first come, first served basis; whether a certain type of housing is an open question. It has to be based on some public safety and welfare criteria. Normally speaking, cities who have tried to apply growth management plans do so because they are running out of capacity such as sewerage, fire pressure capacity so they dole out the right to develop housing for a period of time. However, even th~s is under at- tack. Councilwoman Wright stated based on that answer that unless Council can come up with some growth safety capacity issue, then that alternative is out. Council should consider whether it would like to take another approach. Mayor MikeIs stated there are only certain ways to approach the problem. That alternative may not be entirely out. We are not prepared to take any action tonight, other than to direct staff to come back with some alternatives which are available to Council. Councilwoman Wright stated she wanted staff to bring back a way we can achieve a balanced growth between single family units and apartments including condo- minium and townhouses; including the planned communities. Councilman Dahl stated he agreed, but the strongest concern is the southwest section of the City. But the north central portion is also being impacted. Those areas have to be looked at. Councilwoman Wright also requested that the Report show Council how to keep the balance at a 10-1 ratio as she heard was part of the General Plan. Councilman Dahl proposed that staff return with a balanced management recommen- dation at the first meeting in August. Council concurred they all wanted the same thing, but were percexvxng the prob- lem from different angles. Mayor MikeIs stated he has proposed four different ways to approach the prob- lem: zoning the General Plan, management plan, develolment code amendments, or the market. And there are probably several other ways to solve the problem. He felt stating %alancad growth" was lacking specific direction. This is a political concern, not a plannin2 concern. He suggested as an initial step Council should stop the inducement of apartment building while we are talking about ways to control. MOTION: Moved by MikeIs, seconded by Wright for someone who voted with the ma- jority to make a motion to rescind the agreement with the County on multi-family mortgage bond financing. Motion carried 4-0-1 (King absent). MOTION: Moved by Buquet, seconded by Dahl to directed staff to prepare infor- mation requested to give consideration to rescind the joint cooperative agree- merit with the County of San Bernardino for the multi-femXly mortgage revenue financing; if we can legally do anything and all backup date necessary as to the impact if that action is taken by Council. Motion carried 4-0-1 (King ab- sent). Mayor Mikels stated that in addition to the items inntmerated by Council, if staff is aware of, then they would want them included. Jack Lem stated in dealing with the apartment use there are two areas: land use - is it too much, it is enough, etc.; and issue of rate of growth. Does balanced growth deal with the rate of growth rather than the land use? Mayor Mikels responded that land use and rate of growth were two options identifxed as ways to get at the problem. Zoning and general plan is one area. Growt~ management plan to manage the growth is the second area. This deals with both areas land use and rate of growth. City Council Minutes July 3, 1985 Page 13 Mr. Lam stated staff could bring back information on how many of all tAe num- bers have been built or under construction with result of mortgage bonds so Council will know their impact on the rate of growth. Staff can summarize the issue of remaining land use into these categorxes, and bring back a summary of legal foundations Co do a management of the growth. Council stated they did not want to limit staff at all. Mr. Lam asked Council wished the planned communities to be included in the ana- lysis? Council stated they would have to; an apartment is an apartment. Councilman Buquet stated he would like to include the impact of the inducement resolutions which Council takes for the multi-family housing. Councilman Dahl stated he would like this to come back ss soon as possible. 6B. ADVISORY COMMISSION:S-RECOMMENDATIONS' REGARDING CAiiPAIGN' FINARCING FOR CITY ELECTIONS. Item continued from June 19, 1985 meeting. (0702-00 ELECTION) MOTION: Moved by Buquet, seconded by Dahl to receive and file the report. Mo- tion carried by the following vote: AYES: Buquet, MikeIs, Dahl NOES: Wright ABSENT: King (Councilwoman Wright commented that she wanted to discuss thXs and wanted it sent to the City Attorney for preparation of an ordinance. She felt it was put off long enough). CON-SID~RATION- OF ITEM 3K: Approval to forward Claim for Equitable Indemnity by Southern California Edison Company (CL85-016) relatin8 to Claim by James Fartar (CL84-030) to Carl Warren Company for handling. MOTION: Moved by MikeIs, seconded by Dahl to approve item 31. Motion carried 4-0-1 (King absent). No items submitted. 7~ COUNCIL BUSINESS 8-. ADjOUUMENT MOTION: Moved by Dahl, seconded by Wright Co adjourn to Closed Session to dis- cuss pending litigation, not to reconvene this evening. Motion carried 4-0-1 (King absent). The meeting adjourned at 12:00 midnight. Respectfully submitted, Beve~rlyA.~thelet~ City Clerk Approved: August 7, 1985