HomeMy WebLinkAbout1985/04/03 - Minutes April 3, 1985
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meetin~
1. CALL TO ORDER
A regular meeting of the City Council of the City of Rancho Cucamonga, Califor-
nia, met on Wednesday, April 3, 1985, in the Lions Park Community Center, 9161
Base Line Road. The meeting was called to order at 7:37 p.m. by Mayor Jon D.
Mikels.
Present were Council members: Pamela J. Wright, Charles J. Buquet II, Richard
M. Dahl, and Mayor Jon D. Mikels.
Also present were: Assistant to City Manager, Robert Rizzo; City Clerk,
Beverly A. Authelet; City Attorney, James Markman; Community Development Direc-
tor, Jack Lam; Senior Planners, Otto Kroutil and Dan Coleman; Finance Director,
Harry Empey; Community Services Director, Bill Holley.
Absent were: Councilmember Jeffrey King (working out of to~n); City Manager,
Lauren M. Wasgerman (on vacation).
Approval of Minutes: MOTION: Moved by Buquet, seconded by Wright to approve
the minutes of February 6, 1985, March 6, 1985, March 13, 1985. Motion car-
ried 4-0-1.
2. ANNOUNCEMENTS/PRESENTATIONS
2A. Thursday, April 4, 1985, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION, Li-
ons Park Community Center.
2B. Wednesday, April I0, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Com-
munity Center.
2C. Councilman Buquet presented a report from the National League of Cities
Congressional Conference.
2D. Robert Rizzo announced the meeting will adjourn to a meeting on Wednesday,
April 10, 5:30 p.m. in the Lions Park Community Center to adopt Resolutions
approving the Engineer's Report and other related resolutions for the Park and
Recreation Improvement District.
3. CONSENT CALENDAR
3A. Approval of Warrants, Register No's. 85-04-03 and Payroll ending 3/17/85
for the total amount of $734,288.62.
3B. Alcoholic Beverage Application No. AB 85-04 for On-Sale Beer & Wine Eating
Place License, Marlen J. Kellas, 9000 Foothill Boulevard.
3C. Alcoholic Beverage Application No. AB 85-05 for On-Sale Beer & Wine Eating
Place License, George J. Cuccia, 8241 Foothill Boulevard.
3D. Forward Claim (CL 85-10) against the City by David W. Hough, claim for
indemnity (See CL84-01 & CL84-37).
3E. Approval of Parcel Map 8116, Bonds and Agreement, located on the south side
of 9th Street at Comet and Boven Streets, submitted by Gilbert Rodriquez.
(1)
(2)
(3)
(4)
(5)
City Council Minutes
April 3, 1985
Page 2
(6)
RESOLUTION NO. 85-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING PARCEL MAP 8116, (TENTATIVE
PARCEL MAP 8116), IMPROVEMENT AGREEMENT AND IMPROVEMENT SE-
3F. Approval of Parcel Map 8695, located on the north side of 7th Street be-
tween Pittsburgh and Bridgeport, submitted by O'Donnel, Brighem & Partners.
RESOLUTION NO. 85-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8695 (TENTATIVE
PARCEL ~ 8695)
(7) 3G. Approval of Parcel Map 8842, Bonds and Agreement, located on the south side
(8) of Tetra Vista Parkway, east of Spruce Avenue, submitted by Lewis Development
Company.
(9)
(lo)
RESOLUTION NO. 85-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8842, (TENTATIVE
PARCEL MAP 884l), IMPROVEMENT AGREEMENT AND IMPROVEMENT SE-
CURITY
3H. Release of Bonds:
Tract 9540 - Located on Turquoise Avenue at Jennet Street; owner,
Creek Company.
Accept: Maintenance Guarantee Bond
Release: Faithful Performance Bond
Tract Nos. 11173 & 11173-1 - Located at the northeast
and Victoria; owner, M.J. Brock & Sons.
$ 2,100
$21,000
corner of
Accept: Maintenance Guarantee Bond (11173) $15,000
Accept: Maintenance Guarantee Bond (11173-1) $22,500
Release: Faithful Performance Bond (Both Tracts) $155,000
RESOLUTION NO. 85-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING PUBLIC IMPROVEHENTS FOR
TRACT 9540 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLE-
TION FOR THE WORK
RESOLUTION NO. 85-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCltO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACTS 11173 AND 11173-1 AND AUTHORIZING THE FILING OF A NO-
TICE OF COMPLETION FOR THE WORK
The Deer
.00
.00
Archibald
.00
.00
.00
31. Approval of Policy Statement and Commitment for an Active Disadvantaged
Business and Women-Owned Business Enterprise (DBE/WBE) Progrem.
City Council Minutes
April 3, 1985
Page 3
RESOLUTION NO. 85-107
(11)
A RESOLUTION OF THE CITY COUNCIL OF TIiE CITY OF RANCltO
CUCAMONGA, CALIFORNIA, ADOPTING A POLICY STATEMENT AND COM-
MITMENT FOR AN ACTIVE DISADVANTAGED/WOMEN BUSINESS
ENTERPRISES (DBE/WBE) PROGRAM
33. Approval to transfer funds in the amount of $3,270.30 from the Trust Ac- (12)
count to the Intergovernmental Service Fund, to provide funding for purchase of
steam cleaning equipment.
3K. Approval of Agreement with Willdan Associates, in the amount of $546,700.00 (13)
with a 65,000.00 contingency fund, to complete the design development for the
Day Creek Channel, basins and debris basin. Contract to be funded through the
Redevelopmeat Agency's regional facilities fund. (CO 85-032)
3L. Approval to authorize commitment of funding for Etiwanda-San Sevnine Bureau (14)
of Reclamation Grant Loan amount not to exceed $5,000 to be drawn from Drainage
Fee Fund.
3M. Approval of Improvement Extension Agreement and Additional Security for a (15)
single family home located at 13245 Victoria Street, submitted by Michael and
Valetie Perez.
RESOLUTION NO. 85-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION
AGREEMENT AND IMPROVEMENT SECURITY FOR A SINGLE FAMILY HOME
AT 13245 VICTORIA STREET
3N. Approval of additional funding, $35,000.00, for contract inspection for
Victoria and Tetra Vista Planned Communities for off-site inspection services
through June 30, 1985. (CO 83-051)
30. Approval of Agreement and Security for Tract No. 11797, located on the east
side of Archibald Avenue, north of Base Line Road, submitted by Elite Develop-
ment Company.
RESOLUTION N0.85-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR TRACT NO. 117 97
3P. Approval of Improvement Extension Agreement for Parcel Map 4837, located on (18)
the east side of Amethyst, south of 19th Street, submitted by Elaine Kohler.
RESOLUTION NO. 85-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION
A~REEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 4837
3Q. Approval of amended Agreement with Stone & Ybungberg dealing with the as- (19)
signmeat of "CUSIPs" and insurance premiums, for Day Creek Project.
3R. Approval to request Mortgage Bond Allocation from State.
City Council Minutes
April 3, 1985
Page 4
(20)
RESOLIYrlON NO. 85-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADTHORIZING APPLICATION FOR ALLOCA-
TION OF MORTGAGE SUBSIDY BONDS AND FILING NOTICE OF SALE
THEREOF WITH MORTGAGE BOND ALLOCATION COMMITTEE, ADTHORIZING
EXECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO
(21) 3S. Approval to release security for Assessment District 82-2, submitted by the
developer of Tract 10088, Joseph Nicosia, Lee Webb and Lyman Sutter.
Release: Letter of Credit $45,705.17
(22) 3T. Set public hearing for April 17, 1985, for Environmental Assessment and De-
velopment Code Amendment 85-01.
(23)
3U. Set public hearing for
Grant Application for Fiscal
rives.
April 17, 1985, for Community Development Block
Year 1985-86, Final Statement of Community Objec-
(24)
3V. Set public hearing for April 17, 1985, for the purpose of granting
Non-Exclusive Franchises to operate Cable Television systems in the City of
Rancho Cucamonga.
MOTION: Moved by Wright, seconded by Buquet to approve
Motion carried 4-0-1 (King absent).
the Consent Calendar.
4. ADVERTISED PUBLIC HEARINGS
(25)
4A. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85-01B AND ENVIRONMEN-
TAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 85-01 - TAC DEVELOPMENT.
Staff report by Dan Coleman, Senior Planner.
1. A General Plan Amendment from Medium Residential (4-14 du/ac) to High
Residential (24-30 du/ac) for a senior citizen apartment project on
4.75 acres of land located on the west side of Amethyst, north of 19th
Street - A~N 201-232-24.
Mayor Mikels opened the meeting for public hearing. Addressing Council was:
Wilma Brenner, VIP Club, felt this was a good project for senior living.
There being no further public response, Mayor Mikels closed the public bearing.
City Clerk Authelet read the title of Resolution No. 85-112.
RESOLUTION NO. 85-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
85-01B, AMENDING THE ADOPTED LAND USE ELEMENT OF THE RANClIO
CUCAMONGA GENERAL PLAN AMENDING THE LAND USE DESIGNATION
FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL FOR 4.75 ACRES
OF LAND LOCATED ON THE WEST SIDE OF AMETHYST, NORTH OF 19TH
STREET - APN 201-232-24
MOTION: Moved by Dahl, seconded by Wright to approve Resolution No. 85-112 and
waive full reading. Motion carried 4-0-1 (King absent).
City Council Minutes
April 3, 1985
Page 5
A Development District Amendment from Medium Residential (4-14 du/ac)
to High Residential (24-30 du/ac) and Senior Housing Overlay District
for a senior citizen apartment project on 4.75 acres of land located
on the west side of Amethyst, north of 19th Street - APN 201-232-24.
City Clerk Authelet read the title of Ordinance No. 255.
ORDINANCE NO. 255 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONIMG ASSESSOR'S PARCEL NUMBER
201-232-24 LOCATED ON THE WEST SIDE OF AMETHYST, NORTH OF
19TH STREET, FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL AND
SENIOR HOUSING OVERLAY
MOTION: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance
No. 255. Motion carried 4-0-i (King absent).
Mayor Mikels set second reading for April 17, 1985.
******
4B. ENVIRONMENTAL ASSESSMENT A~D DEVELOPMENT AGREEMENT - TAC DEVELOPMENT - A
Development A~reement between the City of Rancho CucamonSa and TAC Development
Corporation regarding a Senior Citizen housing project to be located on the
west side of Amethyst, north of 19th Street - APN 201-232-24. Staff report by
Dan Coleman, Senior Planner.
Mr. Coleman went over the following changes in the Development Agreement:
Section 9. Term of Agreement. Delete the words, 'but in no event later
than twenty-five (25) years after the commencement of the term of this Agree-
ment"
Section 17. Submission of Materials and Annual Review. Change Subsection
to read: "Prior to the issuance of the building permit, the Property O~ner
shall submit to the City the following information.
Delete Subsection (1) in its entirety.
Discussion following on whether to add a Section 43. Provisions for Mandi-
capped Residents. A minimum of * apartment units out of total 168 apartment
units shall be designed and constructed to comply with the handicapped require-
ments of the State Building Code, Title 24. Preference shall be given to
leasing handicapped units to handicapped persons.
After a lengthy discussion, Council concluded that the State requirements
adequately covered these concerns, and it was not necessary to include this in
the Agreement.
Mayor Mikels opened the meeting for public hearing...Addressing Council were:
Terx7 Christianson, TAC Development, stated they would be pre-renting the
units so they would know what handicapped requirements would be necessary.
Re did not want to provide too many handicapped units since they would be
difficult to rent to anyone else except another handicapped.
Wilma Brenner stated it would be better to set something up in the begin-
ning for the type of handicap since each type of handicapped person has
different requirements.
Jefferson Hill expressed concerns for the deaf and blind.
(26)
City Council Minutes
April 3, 1985
Page 6
(28)
(29)
There being no further response from the public, Mayor Mikels closed the public
hearing.
City Clerk Authelet read the title of Ordinance No. 256.
ORDINANCE NO. 256 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT ACREEMENT BE-
TWEEM THE CITY OF RANClIO CUCAMONGA AND TAC DEVELOPMENT COR-
PORATION
MOTION: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance
No. 256. Motion carried 4-0-I (King absent).
Mayor MikeIs set second reading for April 17, 1985.
4C. ADDED ITEM: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 85-01 TAC DE-
VELOPMENT. The development of a senior citizen housing project totaling 168
apartment units on 4.75 acres of land in the medium residential district
(proposed high residential/senior citizen overlay district) to be located on
the west side of Amethyst, north of 19th Street. APN: 201-232-24. Related
Files: GPA 85-01B and DDA 85-01. Staff report by Dan Coleman, Senior Planner.
Councilman Buquet inquired if pets were allowed?
Mr. Coleman responded that in both the lease and agreement, the conditions
states that pets are allowed.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was dosed.
MOTION: Moved by Dahl, seconded by Buquet to continue Development Revie~ No.
85-01 to April 17, 1985 meeting. Motion carried 4-0-1 (King absent).
5. NON-ADVERTISED HEARINGS
5A. ORDINANCE PERTAININC TO THE CONSIYMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES. Staff report by Robert Rizzo, Assistant to the City Manager.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was dosed.
Councilwoman Wright asked Captain Futscher how this ordinance would help his
department.
John Furschef, Captain of the Rancho Cucamonga Substation, stated this
would be an Ordinance which would be used when the need arises. It is not
something they would use every day.
Councilman Dab1 expressed concern that this would become a nuisance ordinance
and was an over regulation of personal rights. Re would like to see that beer
exempt from the ordinance.
Councilman Buquet stated this would be an enforcement tool to deal with a prob-
lem and would be used as needed.
Mayor Mikels opened the meeting for public hearing. Addressing Council was:
James Frost asked Mr. Dahl if he would acquaint this with the restriction
of cigarettes in the Lions Center.
City Council Minutes
April 3, 1985
Page 7
There being no further public response, Hayor Mikels closed the public hearing.
City Clerk Authelet read the title of Ordinance No. 255.
ORDINANCE NO. 257 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAHONGA, CALIFORNIA, ADDING A NEW CHAPTER
9.16 TO TITLE 9 OF THE RANCHO CUCAMONGA HUNICIPAL CODE PER-
TAINING TO THE CONSUNPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES
MOTION: Moved by Buquet, seconded by Wright to waive full reading of Ordinance
No. 257. Notion failed 3-1-1 (Dahl no, King absent).
Councilman Dahl stated that he felt the Mayor should give each councilmember an
opportunity to make their presentation on this issue. He wanted to see beer
removed from the ordinance.
Councilwoman Wright stated she requested the ordinance after having a
"ride-along" with the Sheriff. She was floored when she found out this was not
a State law.
Mayor MikeIs asked Councilman Dahl if he wished to propose an amendment?
NOTION: Moved by Dahl to amend the Ordinance to exclude beer. Motion failed
for lack of a second.
MOTION: Moved by Buquet, seconded by Wright to reconsider the vote on the
waiver of full reading. Motion carried 4-0-1.
NOTION: Moved by Buquet, seconded by Wright to waive full reading of Ordinance
No. 257. Notion carried ~-0-1 (King absent).
Mayor Mikeis set second reading for April 17, 1985.
5B. ORDINANCE REGULATING THE USE OF ALCOHOLIC BEVERAGES IN CITY PARKS. Staff
report by City Attorney, Jim Markman.
Mr. Markman stated that all the proposed ordinance did was to allow for signing
in the parks. The laws prohibiting the drinking were already on the books, but
they needed to place signs referencing this.
Hayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
City Clerk Authelet read the title of Ordinance No. 258.
ORDINANCE NO. 258 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 12.04.010B OF CHAP-
THR 12.04 OF TITLE 12 OF THE RANCliO CUCAMONGA MUNICIPAL CODE
REGULATING THE USE OF ALCOHOLIC BEVERAGES IN CITY PARKS
MOTION: Moved by Dahl, seconded by Wright to waive full reading of Ordinance
No. 258. Motion carried unanimously 4-0-1 (King absent).
Mayor Mikels set second reading of Ordinance No. 258 for April 17, 1985.
(3o)
City Council Minutes
April 3, 1985
Page 8
6. CITY EaaNAGER'S STAFF REPORTS
(31) 6A. SETTLEMENT AGREEMENT WITH LAFC AND THE CITY OF RANCHO CUCANONGA - Approval
of a settlement of litigation relative to Fontand Annexation ~ll4/Hunt Club.
Staff report by Otto Kroutil, Senior Planner.
City Clerk Authelet read the title of Resolution No. 85-113.
RESOLUTION NO. 85-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AFPROVING A SETTLEMENT AGREEMENT
AMONG AND BETWEEN THE CITY OF RANCHO CUCAMONGA, JAMES BANKS,
THE CITY OF FONTANA AND THE SAN BERNARDINO COUNTY LAFC
Mr. Kroutil pointed out that Section 2 of the Resolution should read: '~he
Mayor is hereby authorized to execute the Settlement Agreement and the two oth-
er related agreements on behalf of the City Council."
MOTION: Moved by Buquet, seconded by Dahl to approve Resolution No. 85-113 as
amended, and waive full reading. Motion carried 4-0-I (King absent).
(32) 6C. HOME MORTGAGE HEVEN~3E ALLOCATION - Transfer of funds in the amount of
$5,274,000.00. Staff report by Jack Lam, Community Development Director.
Mayor Mikels opened the meeting for public input. There being none, the public
portion of the meeting was closed.
City Clerk Authelet read the title of Resolution No. 85-114.
RESOLUTION NO. 85-114
A RESOLUTION OF THE CITY CODNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TRANSFERRING A PORTION OF THE ALLOCA-
TION OF MORTGAGE SUBSIDY BONDS IN AN AMOUNT NOT TO EXCEED
$6,000,000.00 TO THE COVINA-RANCHO CUCAMONGA-CALEXICO-DOWNEY
HOUSING FINANCE AGENCY
MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 85-114 and
waive full reading. Motion carried unanimously 4-0-1. (King absent).
7. COUNCIL BUSINESS
(33) 7A. AFPOINTHRNTS ON HISTORIC PRESERVATION COMMISSION AND PAItK DEVELOPMENT COM-
MISSION.
ACTION: Council concurred to continue item until Councilman King returns so
that a full Council is present.
City Council Minutes
April 3, 1985
Page 9
8. ADJOURNMENT
MOTION: Moved by Dahl, seconded by Wright to adjourn to a meeting on Wednes-
day, April 11, 5:30 p.m., at the Lions Park Community Center to adopt Resolu-
tions necessary before the public hearing on the Park and Recreation Improve-
ment District. Motion carried 4-0-1 (King absent). The meeting adjourned at
9:00 p.m.
Respectfully submitted,
Beverly A. Authelet
City Clerk