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HomeMy WebLinkAbout1985/02/06 - Minutes February 6, 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, February 6, 1985 in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:32 p.m. by Mayor Jon D. Mikeis. Present were Councilmembers: Pamela J. Wright; Charles J. Buquet II; Richard M. Dahl; Jeffrey King; and Mayor Jon D. MikeIs. Also present were: City Manager, Lauren M. Wasserman; City Clerk, Beverly A. Authelet; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; Senior Planner, Otto Kroutil; City Engineer, Lloyd Hubbs; Senior Civil Engineer, Blane Fraudsen; Finance Director, Harry Empey. Approval of Minutes: MOTION: Moved by Dahl, seconded by King to approve the minutes of December 5, 1984; December 19, 1984; January 2, 1985; and January 16, 1985. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS/PRESENTATIONS 2A. Thursday, February 7, 1985, 7:00 p.m. - HISTORIC PRESERVATION CONHISSION, Lions Park Community Center. 2B. Wednesday, February 13, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Community Center. 2C. Mayor Mikeis announced Council's intent to make a replacement at the next meeting for Anne Calinsky on the Advisory Commission. 2D. Mayor Mikeis announced that there would be a Closed Session tonight follow- ing adjournment for the consideration of pending litigation regarding the LAFC hearing. 3. CONSENT CALENDAR James Davis, frc~n the audience, requested that Item "J" be removed for discus- sion. Councilman Dahl requested that item '~" removed for discussion. Mayor MikeIs requested that items ~ and V" be removed. 3A. Approval of Warrants, Register No's. 85-02-06 and Payroll ending 01-02-85 for the total amount of $813,714.34. 3B. Approval and adoption of criteria for lending agencies for the 1985 Resi- dential Mortgage Revenue Bond Program which all participating lending agencies must conform to for the proposed Bond Program. (1) City Council Minutes February 6, 1985 Page 2 (2) (3) (4) (5) RESOLUTION NO. 85-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAHONGA, CALIFORNIA, ESTABLISHING CRITERIA FOR PARTICIPA- TION BY LENDERS IN THE CITY OF RANCHO CUCANONGA HONE MORT- GAGE FINANCING PROGRAM 3C. Approval to award contract (C085-16) for design services of Archibald Ave- nue Sidewalk Improvements between Base Line Road and Foothill Blvd., to C.G. Engineering, and authorize execution of the agreement in the amount of $9,340.00 plus 10Z contingencies from the TDA Article3 funds allocation. 3D. Approval of Bonds, A~reement, and Final Map of Tract 12091 located on the east side of Grove Avenue at 8th Street submitted by Rancho Verde Development. RESOLUTION NO. 85-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREENENT, IM- PROVENENT SECURITY, AND FINAL MAP OF TRACT NO. 12091 3E. Approval of Bonds and Agreement for Tracts 12590-1 through 6 located on the north side of Ease Line Road and east side of Haven Avenue submitted by Lewis Homes of California. RESOLUTION NO. 85-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, APPROVING IMPROVENENT AGREEMENT, IM- PROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12590-i, 12590-2, 12590-3, 12095-4, 12095-5, AND 12590-6 3F. Approval of Bonds, A~reement, and Final Map of Tract 11781 located on the west side of Hermosa Avenue between 19th Street and Highland Avenue submitted by Daly Construction. RESOLUTION NO. 85-18 A RESOLUTION OF THE ' CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IM- PROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 11781 (6) 3G. Removed for discussion. Approval of Bonds, A~reement, and Summary Vacation (7) of Tract 12621 located on the south side of Arrow Route between Madtone and Baker Avenues submitted by Richwood Development Company. RESOLUTION NO. 85-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEHENT AGREENENT, IM- PROVENENT SECURITY, AND FINAL MAP OF TRACT NO. 12621 RESOLUTION NO. 85-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF RICHMOOD DRIVE (8) 3N. Approval of Releasing of Bonds and Piling Notice $f Completion: Parcel Map 6051: located on Burlwood at Manzanita by Nelson Construction. Release Improvement Security $13,600 Retain for Labor & Material Guarantee $ 6,800 City Council Minutes February 6, 1985 Page 3 RESOLUTION NO. 85-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING PUBLIC IMPROVEMENTS FOR PARCEL MAP 6051 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 31. Approval of Bonds and A~reement for CUP 83-22 located on the southeast cor- ner of Helms and Hampshire Streets submitted by Allsize Rancho Cucamonga. Re- lease previously submitted bonds by Blanco Security Storage, Ltd. Release Faithful Performance Bond Release Labor & Material Bond $32,000 $16,000 RESOLUTION NO. 85-22 A RESOLUTION OF THE CITY COUNCIL OF THE CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT IMPROVEMENT SECURITY FOR CUP 83-22 CITY OF RANCHO AGREEHENT AND 33. Removed for discmasion. Approval to accept Offer of Dedication of 30-foot wide portion on London Avenue, a north/south street, located east of Archibald Avenue on the north side of Lemon Avenue. RESOLUTION NO. 85-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A 30-FOOT DEDICATION ON LONDON AVENUE AS OFFERED FOR HIGHIdAY AND ROAD PURPOSES 3K. Approval of a Subordination Agreement submitted by Fred Janz for his prop- arty located at 9942 Almond Street. RESOLUTION NO. 85-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AlPPROVING A SUBORDINATION AGREEMENT FROM FRED JANZ AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME 3L. Approval of consultant contract (C085-17) with Linville, Civil Engineers/Surveyors, Inc. for the reconstruction of Hermosa Avenue, 130 feet south of Mignonette Street, to Nineteenth Street. Contract not to exceed $3,950. 3M. Approval of intent to annex Tract Nos. 12320, 12490, 11606-1, 10046, 10047, and 12721 to Street Lighting Maintenance District Nos. 1 and 2 as Annexation No. 8 and No. 6 respectively and setting the public hearing for Hatch 6, 1985. RESOLUTION N0.85-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOR ANNEXATION NO. 8 TO STREET LIGHTING MAIN- TENANCE DISTRICT NO. 1 (TRACT NOS. 12320, 12490, 11606-1, 10046, 10047, and 12721) <9) a <1o) City Council Minutes February 6, 1985 Page 4 (14) RESOLUTION NO. 85-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING HAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 8 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OF- FERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO (15) RESOLUTION NO. 85-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA~ CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOR ANNEXATION NO. 6 TO STREET LIGHTING MAIN- TENANCE DISTRICT NO. 2 (TRACT NOS. 12320, 11606-1,100~6, 10047, 9619) RESOLUTION NO. 85-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OF- FERING TIME AND PLACE FOR HEARING OBJECTIONS THERETO (17) 3N. Approval of intent to annex Tract Nos. 12320, 12490, 116-6-1, 10046, 10047, 12721, and 9619 to Landscape Maintenance District No. 1 as Annexation No. 21 and settinS the public hearinS for March 6, 1985. RESOLUTION NO. 85-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELLMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOR ANNEXATION NO. 21 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (TRACT NOS. 12320, 12490, 11606-1, 10046, 10047, 12721, AND 9619) (is) RESOLUTION NO. 85-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCANONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN SESSMKNT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEIATION NO. 21 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR NEARING OBJECTIONS THERETO (19) 30. Approval of a Resolution acknowledging National Engineers' Week February 17-23, 1985 to be celebrated by the National Society of Professional Engineers. RESOLUTION NO. 85-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ACENO%/LEDGING NATIONAL ENGINEERS' WEEK FEBRUARY 17-23~ 1985 BY THE NATIONAL SOCIETY OF PROFES- SIONAL ENGINEERS (20) 3P. Approval of an application for Bank of American Card Service. City Council Minutes February 6, 1985 Page 5 R.~SOLD~ION NO. 85-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVlNG APPLICATION FOR BANK OF ANERICAN CARD SERVICE 3Q. Approval to forward claim (CL85-02) against the City by Tommy Hirai for au- to damage encountered at Base Line and Archibald to Carl Warren Company, insur- ance carrier, 3R. Removed for discussion Alcoholic Beverage Application (AB85-01) for on-Sale Beer and Hine for Peppermint Elephant Restaurant, 10134 Foothill Blvd. 3S. Set public hearing for General Plan Amendment 85-02. oment to provide consistency Act, as amended. February 20, 1985: Enviroranental Assessment and An amendment to the Public Health and Safety El- with State law provisions of the Alquist-Priolo 3T. Set public hearing for March 6, 1985: Consider the Housing Policies Report and policies of the City of Rsncho Cucamonga, as required by the Internal Revenue Code Section 103(A) as they relate to housing assistance, and the pro- posed 1985 Residential Mortgage Revenue Bond. 3U. Approval of Reimbursement-Lien Agreement with En Agape Fellowship to con- struct a portion of Nineteenth Street at Beryl street in conjunction with the Bery1-Hellman Storm Drain. Amount of Agreement - $13,020.70. 3V. Removed for discussion, Approval of an agreement for the preparation of CC&Rs with Richwood Development (CO 85-18) as a prerequisite for further ap- provals of Tract No, 12621 located at the south side of Arrow Highway between Baker and Madtone Avenues. RESOLUTION NO. 85-33 A RESOLUTION OF THE CITY COUNCIL OF THE CII~/OF RANCliO CUCAHONGA, CALIFORNIA, APPROVING AN AGREENENT HITH RICHHOOD DEVELOPHENT FOR POSTPONEMENT OF APPROVAL OF CC&RS FOR TRACT NO. 12621 3H. Approval to authorize issuance of bonds, filing of validation action, and approving contracts with Willdan Associates (CO 85-19 to complete Financial ministrative services) and with F. Mackenzie Brown, Inc. (CO 85-20 to act as Bond Counsel). RESOLUTION NO. 85-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CERTAIN BONDS TO FINANCE FACILITIES IN A CONIftlNITY FACILITIES DIS- TRICT 3X. Set March 6, 1985 for public hearing for consideration of adoption of the 1982 edition of the Uniform Mechanical Code. MOTION: Moved by King, seconded by Buquet to approve the Consent Calendar with items G, J, R, and V removed for discussion, Motion carried unanimously 5-0, ***** Item j: Approval to accept Offer of Dedication of London Avenue, a north/south street, located east north side of Lemon Avenue. Staff report presented nest, a 30-foot wide portion on of Archibald Avenue on the by Lloyd Hubbs, City Engi- (21) (22) City Council Minutes February 6, 1985 Page 6 Jim Davis, attorney for Rick Miller the property holder of the property on the east side of the dedication, stated that Council approved Resolution No, 85-23, accepting a 30 foot dedication on London Road for road purposes. A problem has arisen, Originally the dedication was made on a tract map and was offered to the County of San Bernardino by the predecessor in interest to this piece of property, The dedication was acknowledged, but was neither accepted or reject- ed by the County, and was not further acted upon until about a month ago when Mr. Miller received information that the project was going to go ahead, and a road was going to be put in with a large number of trees on his side of the property were going to be removed, He would be expected to take care of a 30 foot wide section of the road easement as far as weed abatement and other such items were concerned, Mr. David had determined that the dedication had neither been accepted or re- jected, he advised the City by letter that the dedication was withdrawn, There have been numerous discussions between himself, Mr. Hubbs, and Mr. Dougharty in regards to the statute that control offers of dedication on maps (Government Code Section 66477,2). Mr. Hubbs and Mr. Dougharty feel the section makes the offer irrevocable, and he feels it can be withdrawn under certain circnmstan- ces. They are trying to avoid litigation with the City. He requested that the item be removed frem the Consent Calendar, and that the Council appoint a rep- resentative to negotiate for the City. Mr. Dougharty stated that it was the position of the City that we are the successor of interest to any offers of dedication that were given to the County prior to incorporation. Although Mr. Davis felt that since the County did not reject the offer of dedication, it disappeared; he did not feel that was the case. The County has three options at the time the offer of dedication was made: accept, accept with conditions, or reject. Rejection in that sense would be to act in non-acceptance at least at that point in time. Therefore, the offer remains open. Mr. Dougharty believed the offer of dedication was still open and may be accepted by the City at this time. Discussion by Council followed. MOTION: Moved by Dahl, seconded by King to accept the offer of dedication and waive full reading of Resolution No, 85-23. Motion carried unanimously 5-0. RESOLUTION NO. 85-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A 30-FOOT DEDICATION LONDON AVENUE AS OFFERED FOR HIGHWAY AND ROAD PURPOSES Item R: Alcoholic Beverage Application (AD85-01) for on-Sale Beer and Wine for Peppermint Elephant Restaurant, 10134 Foothill Blvd. Councilman Dab1 asked Mr. Dougharty if there was a Supreme Court ruling which allowed the City to prohibit adult entertainment taking place when alcoholic beverages are served, and visa versa. Mr. Dougharty responded that we are currently in litigation on the same issue with another establishment in the city which is scheduled to go to trial in March. About a year ago, the California Supreme Court held that an ordinance which banned nude or semi-nude dancing in a place where food and beverages~ cluding alcoholic beverages, were served was unconstitutional. The courts spe- cifically held that nude or semi-nude dancing was an expression of speech pro- tected by the first amendmeat. Our ordinance does not relate to food or other beverages, but pertains only to alcoholic beverages and nude or semi-nude dancing. We are taking the position that it is constitutional. We will know in March. City Council Minutes February 6, 1985 Page 7 Councilman Dahl wanted to protest the alcohol beverage application, but did not know if we have that right. Mayor MikeIs stated that we can protest, it depends what weight the Alcoholic Beverage Control Board is going to give to Mr. Hassex-man stated that several years ago we had a representative from the Alcoholic Beverage Control Board meet with the city manager to find out what legally we could do. He can protest, but unless there is some serious problem at the establishment other than just we are offended by it, we don't have much of a chance. Councilman Buquet raised some concerns that there is the same named establish- ment in Montclair on Holt Boulevard at the former Narrod site. It appears to be the same type of establishment. He felt that answers to questions 9 and i0 on the application were conspicuously blank. If there was a '~es" answer, it doesn't state what the violation was. He did not know if the absence of anything such as a '~o" constitutes an incomplete application, but would like to find out. He expressed oppostion to a spread of the "other establishment syndrome", and did not want to see Foothill Boulevard become another Holt Boulevard strip where we have undesirable types of businesses operating. He felt this establishment would create some very adverse draw to our city. For that reason in particular, he felt the Council should do whatever it could to discourage the operation of this business there. Mayor Mikeis stated that based on the Council's response to lishment, he felt that Council should oppose this with all of ble. the other estab- the power possi- MOTION: Moved by Dahl, seconded by Buquet to send a letter to the Alcoholic Beverage Control Board over the Mayor's signature stating that the Peppermint Elephant's application appears to be incomplete which indicates that a suffi- cient background check may not have been done, and to also register the City's opposition of this establishment. Carried 5-0. Mayor MikeIs turned the meeting over to Mayor Pro Tem Dahl during the consider- ation of item 3G and 3V since the property belonged to a member of his family. Mayor Mikels left the Council Chambers. 3G. Approval of Bonds, Agreement, and Summary Vacation of Tract 12621 located on the south side of Arrow Route between Madrone and Baker Avenues submitted by Richwood Development Company. RESOLUTION NO. 85-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IM- PROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12621 RESOLUTION NO. 85-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF RICHWOOD DRIVE MOTION: Moved by King, seconded by Buquet to adopt Resolutions No. 85-19 and 85-20 and to waive full reading. Motion carried 4-0-1 (Mikeis absent). City Council Minutes February 6, 1985 Page 8 Xtem 3V: Approval of an agreement for the preparation of CC&Rs with Richwood Development as a prerequisite for further approvals of Tract No. 12621 located at the south side of Arrow Highway between Baker and Madtone Avenues. RESOLUTION NO. 85-33 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREI~4ENT WITH RICHWOOD DEVELOPMENT FOR POSTPONEMENT OF APPROVAL OF CC&RS FOR TRACT NO. 12621 MOTION: Moved by Buquet, seconded by King to adopt Resolution No. 85-33 and waive full reading. Motion carried 4-0-1 (Mikels absent). Mayor Mikels returned to the Council Table and continued with the leading of the meeting. 4. ADVERTISED PUBLIC HEARINGS 4A. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-05 - CARYN COMPANY - A development District Amendment to prezone unincorporated territory as '~aryn Planned Community" for approximately 240 acres of land, located be- tween the extension of Banyan Avenue and Highland Avenue on the north and south, and between the extension of Rochester & Milliken Avenues on the east and west, APN 225-141-08, 12-19, 21-28, 225-151-01 through 03, 07, 08, 10-13. Staff report by Otto Kroutil, Senior Planner. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was dosed. City Clerk Authelet read the title of Ordinance No. 246. ORDINANCE NO. 24~ (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT CHANGE NO. 84-05 TO PRBZONE THE DISTRICT DESIGNATION AS "CARYN PLANNED COMMUNITY" AND ADOPTING THE DEVELOPMENT PLAN FOR APPROXIHATELY 248 ACRES, LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND HIGHLAND AVENUE ON THE NORTH AND SOUTH AND BETWEEN THE EXTENSION OF ROCHESTER AVENUE AND MILLIKEN AVENUE OF THE EAST AND WEST MOTION: Moved by Wright, seconded by Buquet to waive full reading of Ordinance No. 246. Motion carried unanimously 5-0. MOTION: Moved by Wright, seconded by King to adopt Ordinance No. 246. Motion carried unanimously 5-0. (32) 4B. DEVELOPMENT AGREEMENT - CARYN - A Development Agreement between the City of Rancho Cucamonga, Caryn Development Company, Kaufman and Broad Land Company, and Marlborough Development Corporation relative to properties located between the extension of Banyan Avenue and Highland Avenue on the north and south, and between the extension of Rochester and and Milliken Avenues on the east and west - APN 335-141-08, 12-19, 225-151-01 through 03, 07, 08, 10-13. Staff re- port by Otto Kroutil, Senior Planner. City Council Minutes February 6, 1985 Page 9 Mayor MikeIs did not open the meeting for public hearing. Ordinance introduced only. City Clerk Authelet read the title of Ordinance No. 248. ORDINANCE NO. 248 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVIHG A DEVELOPligHT AGREEMENT BETWEEN THE CITY OF RANCHO CUCANONGA, CARYN DEVELOPMENT COMPANY, KAUFMAN AND BROAD LAND COMPANY, AND MARLBOROUGR DEVELOPMENT CORPORATION, IN RELA- TION TO THE PROPERTY GENERALLY LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND THE PROPOSED FOOTHILL FREEWAY ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF ROCHESTER AND MILLIREN AVENUES ON THE EAST AND WEST - A2N 335-141-08, 12-19, 225-151-01 THROUGH 0S, 07, 08, 10-1S MOTION: Moved by Dahl, seconded by Buquet to waive full reading of No. 248. Motion carried unanimously 5-0. Mayor Mikels set second reading for February 20, 1985. Mayor MikeIs called a recess at 8:10 p.m. The meeting reconvened with all members of the Council present. Ordinance at 8:30 p.m. 4C. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 84-02 - HA- g AVENUE OVERLAY DISTRICT - Amendment of Part III of the Industrial Area Spe- cific Plan to establish a Haven Avenue Overlay District, located on both sides of Haven Avenue between Foothill Boulevard and 4th Street. Staff report by Otto Kroutil, Senior Planner. Councilman King asked how many of the master planned areas have multiple ownership? Mr. Kroutil responded that almost all of them, except for the southwest corner of Arrow and Raven. Mr. Kroutil further responded that at the northwest corner of Fourth and Haven there is a recorded subdivision where there are quite a few sites under different control. Councilman Buquet asked how long would it be before the railroad would be under ground? Mayor Mikeis responded that project is a part of the Ontario Airport Ground Ac- cess package which was approved by Congress two years ago. If Federal dollars come forth for the Ground Access package as a whole, then this could be substantially boosted up in terms of priority, but right now we just don't know. Members of the Baldy View Public Private Coalition will be going back to Washington D.C. to lobby for this package. Councilman Dahl asked if the continuous glazing referred to retail-type store fronts? Mr. Kroutil stated that the intent was ground level continuous glazing to avoid the store front appearance. The implication is that by creating buildings like that, you bring in or encourage retail businesses. City Council Minutes February 6, 1985 Page 10 Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Robert Clark, Reiter Development Company, stated they have 60 acres fronting on Haven. Forty-six of those acres are at the northeast corner of 4th and Haven which is considered a major gateway to the City. They were requesting in the area of the rail service line that they could get more specific direction rather than allowing it to be evaluated proj- ect-by-project, They do not anticipate any major architectural deviation, but what they were requesting was flexibility in use, but staying within the architectural constraints of the Overlay plan. Mr. Clark asked Council if light research and development would be allowed? Mayor MikeIs responded that the use opens up a whole different kind of architectural possibilities and makes it more difficult. The in- tent of the Planning Commission was not to reject it, but for someone to come in with a project which demonstrates the architectural compatibility with the design standards incorporated within the Overlay District, and it will be considered. The railroad does present some unique problems. Councilman Ring stated that if it is the intent of the Planning Commission to give special considertion for the railroad tracks on a case-by-case basis, then it should be stated in the Ordinance, assuming that there is architectural compatibility. Mr. Clark stated that they were not requesting light industrial, but re- questing Research and Development Use which would be comparable to office uses. They felt there would be a logical need for that type of use, and those parcels lend themselves as transitional areas because of the rail- road. Councilman Buquet felt this request should merit consideration. He felt the key to the whole intended use of the Corridor was to guarantee the integrity of the design and compatibility of each adjacent parcel and use as it goes in. He did not see the need for R & D on Haven Avenue, but he recognizes the impact the railroad tracks have. Councilman Ring felt that we should recognize that this area should have a case-by-case approach, but it should be explicitly stated. We should not change the uses we are allowing, but somewhere in the plan state that the land adjacent to the railroad tracks gets some possible consideration. Council felt that Mr. King had a good idea and wanted it incorporated. Mr Kroutil suggested the following language: '~ewever, on those properties adja- cent to the railroad tracks, additional conditional uses may be considered, provided the intent of the Haven Avenue Corridor is met." Council concurred with the wording. Mr. Clark requested clarification regarding a food park use in the Haven Avenue Overlay District. He asked it if is permissible to allow an overall integrated food park with a variety of restaurant services which would in- clude fast foods. If so, they requested a further definition regarding food park be included. Mr. Gomez stated the Planning Commission did not wish to approve any fast foods that were detached pads from the main structure in front of the parcel because it would detract from the overall site plan and architectural program of the center. Mr. Clark stated it was not their intent to put in a fast food on a corner or upfront location. It would be in an internal location. They felt that with the number of people anticipated in working in that area, there should be some provision for those people that have.time constraints for hnch. City Council Minutes February 6, 1985 Page 11 Councilman King asked what is master planning? He understood the concept that when someone comes in to attempt to make sure that the Plan is integrated and consistent with everything within the planning area. But at the same time, if someone wants to put up an office building, and fe is required to have the %aster plan" approved, then this seems to be an erroneous requirement. He can see that we would want a conceptual plan as to how it can be integrated, but to actually require approval of a master plan as if it is carved in stone, seems to be going too far. ACTION: Mayor MikeIs stated that the item has already been referred to the Planning Commission which is scheduled for March 13. Council should wait to see what comes from them instead of trying to come up with a meaning tonight. Councilman King suggested staff also come up with a definition of conceptual plan. Council concurred. Mr. Clark asked Council for direction regarding reciprocal parking. Mayor Mikels stated that Council has remained consistent on the minimal access onto Haven in order to reduce the turning movements because of, the traffic which is projected for Haven. Reciprocal parking easements have been condi- rioned with the phrase *~here appropriate." Obviously, this is open to inter- pretation, but you have to get down to a project basis. Councilman Buquet stated he did not want to have a situation where something is applicable in one place but not in the other. His concern was the consistency, and there needs to be a consistency all along Haven as to accesses. Mayor Mikels stated that he did not seen anything which precluded reciprocal parking or access easements in the master planned area. If Mr. Clark wanted to be sure that that takes place, he did not feel that the Council or the staff would object if he wanted to include these in their master plan. Mr. Clark stated that this covered the major points. They did have con- cerns regarding the continuous glazing (in G.4); change the word shall to '~ay" (in G.6); request the addition of Hotel Type (in H.2). Jim Barton stated four years ago he was required to have conceptual elevations and layouts for his whole 300 acre plan. Every road down to signage, trees, and delineation of major and secondary entrances, etc. Master Plan is an idea. Every time they have brought a phase through, they go through another revision to that Master Plan. That piece of property will not be developed according to its overall original master plan, but similar to. It is very important that a form of conceptual master plan be approached and submitted to a Planning Commission or City Council. Paul Hoover, owner of ten acres at the northeast corner of the Sante Fe Railroad and Haven Avenue. He concurred with Mr. Clark that there is a special condition at the railroad tracks which should be considered by the Council. Mayor MikeIs opened the meeting for public hearing on this subject. There be- ing no response, the public hearing was closed. Mayor Mikeis called a recess at 10:07 p.m. The meeting p.m. with all members of the Council present. ~r~ reconvened at 10:25 Mr. King felt that Ordinance No. 249 should not be given a first reading until the master plan, conceptual plan, and the scope of the plan is better defined. City Council Minutes February 6, 1985 Page 12 Mr. Kroutil suggested that we proceed with the reading of the other items since they are not controversial and come back with better definitions at the next meeting. City Clerk Authelet read the title of Ordinance No. 249. ORDINANCE NO. 249 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 84-02 AMENDING PART III OF THE INDUSTRIAL AREA SPECIFIC PLAN TO ESTABLISH A HAVEN AVENUE OVERLAY DISTRICT LOCATED ON BOTH SIDES OF NAVRN AVENUE BETWEEN FOOTHILL BOULEVARD AND 4TR STREET ACTION: Council proceeded with the Agenda - Ordinance No. 249 to come back at the next meetinS with better definitions. (34) 4D. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMRNI~!ENT 84-04A - HAVEN AVENUE OVERLAy DISTRICT - A General Plan Amendment from Office to Industrial Park for approximately 40 acres of land located on the west side of Haven Avenue, be- tween Foothill Blvd. and Arrow Highway, in conjunction with the Haven Avenue Overlay District - APN 208-331-01, 12, 13 and 208-241-01. City Clerk Authelet read the title of Resolution No. 85-35. RESOLUTION NO. 85-35 (35) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCltO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMBNEMENT 84-04A - HAVEN AVENUE OVERLAY DISTRICT- AMENDING THE GENER- AL PLAN LAND USE MAP FR(~[ OFFICE PROFESSIONAL TO INDUSTRIAL PARK FOR APPROXIMATELY 40 ACRES OF LAND, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, BETWEEN FOOTRILL BOULEVARD AND ARROW HIGHWAY - APN 208-331-01, 12, 13 AND 208-341-01 MOTION: Moved by Dahl, sec&nded by Wright to adopt resolution No. 85-35 and waive full readinS. Motion carried unanimously 5-0. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-04 - HAVEN AVENUE OVERLAY DISTRICT - A Development District Amendment from OP (Office/Professional) to ISP (Industrial Specific Plan) for approximately 40 acres of land located on the west side of Haven Avenue, in conjunction with the Haven Avenue Overlay District - ~ 208-331-01, 12, 13 and 208-341-01. City Clerk Authelet read title of Ordinance No. 250. ORDINANCE NO. 250 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCARONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENIBtKNT 84-04 - HAVEN AVE- NUE OVERLAY DISTRICT - A CHANGE IN THE DISTRICT DESIGNATION FROM OP TO ISP AND MR FOR APPROXIMATELY 40 ACRES OF LAND L0- CATED ON TEE WEST SIDE OF HAVEN AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW HIGHWAY - APN 208-331-01, 12, 13 AND 20 8-3 41-0 1 City Council Minutes February 6, 1985 Page 13 MOTION: No. 250. Moved by Buquet, seconded by King to waive full reading of Ordinance Motion carried unanimously 5-0. Mayor MikeIs set second reading of Ordinance No. 250 for February 20, 1985. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENIBIENT 84-01 - HA- (36) VEN AVENUE OVERLAY DISTRICT - An amendment to the Industrial Specific Plan to expand the boundary of Subarea 7 (Industrial Park category) to include approxi- mately 40 acres of land located on the west side of Haven Avenue, between Foot- hill Boulevard and Arrow Highway, in conjunction with the Haven Avenue Overlay District - APN 208-331-01, 12, 13 and 208-314-01. City Clerk Authelet read the title of Ordinance No. 251. ORDINANCE NO. 251 (first reading) AN ORDINANCE OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENI~IENT 84-01 - HAVEN AVENUE OVERLAY DISTRICT - EXPANDING THE BOUNDARY OF SUBAREA 7 (INDUSTRIAL PARK CATEGORY) TO INCLUDE APPROXIMATELY 40 ACRES OF LAND LOCATED ON THE WEST SIDE OF HAVEN AVENUE, BE- TI~EEN FOOTHILL BOULEVARD AND ARRO%/NIGIB/AY - AFN 208-331-01, 12, 13 AND 208-314-01 MOTION: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance No. 251. Motion carried unanimously 5-0. Mayor Mikels set second reading for Ordinance No. 251 for February 20, 1985. 5. NON-ADVERTISED PUBLIC HEARINGS No items submitted. 6. CITY MANAGER'S STAFF REPORTS 6A. SHARED HOUSING FOR SENIORS PROGRAM - Consideration of a proposal by Inland Mediation Board to participate in a shared housing program for senior citi- zens. Staff report by Otto Kroutil, Senior Planner. Mayor Mikels opened the meeting for public input. Addressing Council was Carol Spiro, who encouraged Council to consider participating in this program. MOTION: Moved by Buquet, seconded by Dahl to wait for the public hearing on February 20 for the final decision of this item. However, intent was to ap- prove this with funding to come from CDBG contingency fund. Motion carried unanimously 5-0. Mr. Frost reminded Council that the Chaffey Carcia within the month and hoped that Council would give this with CDBC funda. House will be relocated consideration of funding Councilman Buquet felt staff should proceed to find ways to come up with the additional $5,000 for the Charley Garcia House and to utilize CDBG funds if possible. Mr. Holley stated he would have the report in the next meeting. City Council Minutes February 6, 1985 Page 14 (39) (4o) (41) (42) 68. ALTA LOMA CHANNEL ASSESSMENT DISTRICT NO. 84-2 - Consideration of Resolu- tions and Engineer's Report to initiate proceedings for the Alta Loma Channel District and authorize construction and bond bids. Set the public hearing for District formation on March 20, 1985. Staff report by Blane Frandeen, Senior Civil Engineer. Don Owen, Assessment Engineer, presented how the assessments would be spread. MacKenzie Brown, Legal Counsel, went over the seven Resolutions. Mr. Brown read the title of Resolution No. 85-36. RESOLUTION NO. 85-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, HAKING FINDINGS ON PETITION MOTION: Moved by Dahl, seconded by Wright to adopt Resolution No. 85-36 and waive full reading. Motion carried unanimously 5-0. Mr. Brown read the title of Resolution No. 85-37. RESOLUTION NO. 85-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARI- OUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS MOTION: Moved by King, seconded by Buquet to adopt Resolution No. 85-38 and ,waive full reading. Motion carried unanimously 5-0. Mr. Brown read the title of Resolution No. 85-38. RESOLUTION NO. 85-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCq{O CUCAMONGA, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT MOTION: Moved by King, seconded by Buquet to adopt Resolution No. 85-38 and waive full reading. Motion carried unanimously 5-0. Mr. Brown read the title of Resolution No. 85-39. RESOLUTION NO. 85-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ORDER THE CON- STRUCTION OF CERTAIN IMPROVEMENTS, TOGET~FaNITH APPURT~AR- CES, IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PRO- VISIONS OF THE '~UNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORE TO BE OF MORE THAN LOCAL OR ORDINANCE BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS MOTION: Moved by Dahl, seconded by King to adopt Resolution No. 85-39 and waive full reading. Motion carried unanimously 5-0. City Council Minutes February 6, 1985 Page 15 Mr. Brown read the title of Resolution No. 85-40. RESOLUTION NO. 85-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGI- NEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING MOTION: Moved by Wright, seconded by Buquet to adopt Resolution No. 85-40 and waive full reading. Motion carried unanimously 5-0. Mr. Broom read the title of Resolution No. 85-41. RESOLUTION NO. 85-41 (44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS MOTION: Moved by King, seconded by Dahl to adopt Resolution No. 85-41 and waive full reading. Motion carried unanimously 5-0. Mr. Brown read the title of Resolution No. 85-42. RESOLUTION NO. 85-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL AS- SESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESS- MENT DISTRICT MOTION: Moved by Wright, seconded by Buquet to adopt Resolution No. 85-42 and waive full reading. Motion carried unanimously 5-0. 6C. APPROVAL OF RESOLUTIONS FOR THE FORMATION OF THE RANCHO CUCANONGA PARK AND RECREATION FACILITIES IMPROVEMENT DISTRICT - Resolutions directing staff and team members to proceed with the formation of a Park and Recreation Improvement District. Mr. Brown read the title of Resolution No. 85-43. RESOLUTION NO. 85-43 (46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A PLAT SHOWING THE AREA AND PROPERTY TO BE ASSESSED IN A PROPOSED ASSESSMENT DISTRICT Mayor Mikels opened the meeting for public input. There being no response, the public hearing was closed. MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 85-43 and waive full reading. Motion carried unanimously 5-0. Mr. Brown read the title of Resolution No. 85-44. City Council Minutes February 6, 1985 Page 16 RESOLUTION NO. 85-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S '~EPORT" FOR CERTAIN SESSMENT DISTRICT PROCEEDINGS MOTION: Moved by MikeIs, seconded by Dahl to adopt Resolution waive full reading. Motion carried unanimously 5-0. No. 85-44 and (48) 6D. REQUEST FOR SPECIAL MEETING TO REVIEW DAY CREEK FACILITIES. ACTION: Council set Thursday, March 14, at 6:00 p.m. in the Lions Park Commu- nity Center for the meeting. (49) 6E. CARYN ANNEXATION/TAX REVENUE EXCHANGE RESOLUTION NO. 85-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BET~/EEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAVD NO. 2317 (CARYN) MOTION: Moved by Dahl, seconded by King to adopt Resolution No. 85-45 waive full reading. Motion carried unanimously 5-0. and 7. COUNCIL BUSINESS No items submitted. 8 · ADJOURNMENT MOTION: Moved by Dahl, seconded unanimously. The meeting adjourned reconvene. by Buquet to adjourn. Motion carried at 11:15 p.m. to a Closed Session, not to Respectfully submitted, Beverly A. Authelet City Clerk