HomeMy WebLinkAbout1984/11/07 - Minutes November 7, 1984
CITY OF I~CHO CUCAMONGA
CITY COUNCIL MINUTES
I. CALL TO ORDER
A regular meeting of the City Council of the City of Rancho Cucamonga met on
Wednesday, November 7, 1984, in the Lions Park Community Center, 9161 Base Line
Road. The meeting was called to order at 7:32 p.m. by Mayor Jon D. Mikeis.
Present were Council Members: Pamela J. Wright, Charles J. Buquet II, Richard
M. Dahl, Jeffsty King, and Mayor Jon D. Mikels.
Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert
Dougherty; City Clerk, Beverly A. Authelet; Community Development Director,
Jack Lam; City Planner, Rick Gemez; City Engineer, Lloyd Hubbs; Community
Services Director, Bill Holley; and Finance Director, Harry Empey.
Approval of Minutes: MOTION: Moved by King, seconded by Wright to approve the
minutes of September 19, 1984 and October 29, 1984. Motion carried unanimously
5-0.
2. ANNOUNCEMENTS/PRESENTATIONS
2A. Wednesday, November 14, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING,
Lions Park Community Center.
2B. Thursday, November 15, 1984, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions
Park Community Center.
2C. Presentation of City Plaque to Nacho Gracia for his outstanding dedication
and service as a member of the Advisory Commission for the City of Rancho
Cucamonga.
2D. Councilman Buquet announced he would be leaving at 11:15 p.m. for work.
2E. Mayor Mikels reported that at the SANBAG meeting held today, it was pointed
out that the waste-to-energy project which has been under evaluation by a
selection committee which has determined that on December 6 the final proposal
will be selected. The Milliken Land fill site has been tentatively approved as
the location for that facility. Mayor Mikels requested that an ordinance be
brought forth to establish o~nership of the waste stream. There is potential
for profit from it and could have a big impact on the City. Mr. Wasserman
responded that it would be on the next Council Agenda. The City Attorney has
been asked to draft an ordinance.
3. CONSENT CALENDAR
3A. Approval of Warrants, Register No's. 84-11-07 and Payroll ending 10/27/84
for the total amount of $722,693.41.
3B. Alcoholic Beverage Application No. AB 84-23 for On-Sale Beer & Wine Eating
Place License, Mark Davidson and Georgie Gray, 10134 Foothill Boulevard.
3C. Forward Claim (CL 84-23) against the City by Scherry Ann McPherson, auto
accident on June 7, 1984, on Sapphire Street, near its intersection with Vinmar
Drive.
3D. Forward Claim (CL 84-24) against the City by Darlene Ann Melton and Samuel
Graham Mead, Jr., auto accident on September 13, 1984, on Foothill Boulevard,
east of Turner Avenue.
3E. Forward Claim (CL 84-26) against the City by John Baker, auto accident on
August 1, 1984, on Archibald Avenue.
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City Council Minutes
November 7, 1984
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3F. Forward Ciaim (CL 84-27) against the City by Megan Rohensee, auto accident
on August 1, 1984, on Archibald Avenue.
3G. Forward Claim (CL 84-28) against the City by Wallace Elms, auto accident on
August 1, 1984, on Archibald Avenue.
3H. Forward Claim (CL 84-29) against the City by Anna Weith, auto accident on
August 1, 1984, on Archibald Avenue.
31. Forward Claim (CL 84-30) against the City by James R.
injuries and death due to auto accident on July 18, 1984,
Foothill Boulevard and Turner Avenue.
Farrar, personal
at intersection of
3J. Forward Claim (CL 84-31) against the City by Southern California Edison
Company, facilities damage on August 9, 1984, north side of Base Line, east of
Hermosa.
3K. Forward Claim (CL 84-32) against the City by Patricia Memeo, personal
injuries and death due to auto accident on July 30, 1984, north side of
Sapphire Street near its intersection with Hillside Road.
3L. Approval to authorize payment of $1,200.00 from the City Facilities
Maintenance and Operations Account for the purchase of twelve City flags.
3M. Approval of Bonds, Agreement and Security Instrument and Final Map of Tract
No. 12523, located on the north side of Lemon Avenue at Alta Loma Channel,
submitted by Lightnet Development.
RESOLUTION NO. 84-273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12523
3N. Approval of Bonds, Agreement and Final Map of Tract No. 12365, located at
the southeast corner of Spruce Avenue and Terra Vista Parkway, submitted by
Western Properties of Lewis Homes.
RESOLUTION NO. 84-274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12365
30. Approval of Improvement Agreement, Improvement Security Instrument and
Final Map of Tract No. 11577, located on the west side of Turner Avenue at
Ironwood Avenue, south of Base Line Road, submitted by Terrance A. Lane.
RESOLUTION NO. 84-275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11577
3P. Approval of acceptance of Off-Site Improvement for Tract No. 9321 and
authorization to file the Notice of Completion and release Faithful Performance
Bond of $7,700.00.
RESOLUTION NO. 84-276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCltO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT NO. 9321 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
3Q. Approval of reduction of Faithful Performance Security for Tract No.
12332-1, located on the east side of Haven Avenue at the North City Limits,
submitted by Laband.
City Council Minutes
November 7, 1984
Page 3
3R. Release of Bonds:
CUP 82-01 - Located on the north side of 4th Street, east of Etiwanda; (17)
owner, Etiwanda Investment Co.
Maintenance Bond (Road)
$25,000
CUP 83-04 - Located on Sapphire Street, north of Orange Street; owner, (18)
Cogun Industries, Inc.
Labor and Materials Bond (Road)
$24,500
3S. Approval of acceptance of Real Property Improvement Contract and Lien (19)
Agreement for street improvements of 12972 Victoria, submitted by Robert Smith
and Terry Ludwig.
RESOLUTION NO. 84-277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ROBERT
SMITH AND TERRY LUDWIG AND AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN THE SAME
3T. Approval of Extra Design Workings to provide Right-of-
Way Engineering for the Widening and Realignment of Hermosa Avenue at the
Alta Loma Basins. Work to be provided by Associated Engineers.
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3U. Approval of Extra Design Workings for the Archibald FAU Project to provide (21)
for Parkway Flood Protection south of Feron Street. The extra workings are
estimated at $6,625 to be performed by C.G. Engineering.
3V. Approval of acceptance of the EnvirOnmental Initial Study Parts I and II (22)
for the Reconstruction of Base Line Road from Teabay to Haven Avenue and
approval to file a Negative Declaration for said project.
3W. Approval of authorization to advertise for Electrical Undergrounding of (23)
Service Connections in Underground Utility District No. 2 (UUD#2) on Archibald
Avenue from Church Street to Base Line Road.
3X. Approval of authorization to Invite Bids for the Reconstruction of Ramona (24)
Avenue from Base Line to the Pacific Electric Railroad.
3Y. Approval of authorization to Invite Bids for the Reconstruction of Lemon (25)
Avenue from Hermosa Avenue to Haven Avenue.
3Z. Approval of acceptance of the 4th Street and Archibald
Signal and authorization to file the Notice of Completion.
Performance Bond of $68,330.00 and Retention of $6,944.41.
Avenue Traffic (26)
Release Faithful
RESOLUTION NO. 84-278
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR THE 4TH STREET AND ARCHIBALD AVENUE
TRAFFIC SIGNAL AND SAFETY LIGHTING AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
3AA. Approval of Destruction of obsolete records in Personnel.
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RESOLUTION NO. 84-279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R/LNCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED
AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090
City Council Minutes
November 7, 1984
Page 4
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3BB. Approval of Agreement (CO84-59) with the American Youth Soccer
Organization (AYSO) Region 65 A*C*E* for the development of night lighting at
Beryl Park Soccer Fields.
3CC. Approval of request for approval of agreement (C084-60) between the
Etiwanda Historic Society and the City for the restoration project on the
Chaffey-Garcia House.
MOTION: Moved by Buquet, seconded by Dahl to approve the Consent Calendar.
Motion carried unanimously 5-0.
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4. ADVERTISED PUBLIC HEARINGS
4A. APPEAL OF PLANNING COMMISSION DECISION APPROVING TENTATIVE TRACT NO 12726 -
A-M COMPANY - Adjacent property owner's appeal of Planning Commission's
decision to approve Tentative Tract 12726, a residential subdivision of 33 lots
on approximately 4.28 acres of land in the Low Medium Development District (4-8
du/ac), located west of Beryl and south of Hamilton - APN 202-032-22 and 25.
Staff report by Linda Daniels, Assistant Planner.
Mayor MikeIs opened the meeting for public hearing. Addressing Council were:
Bill Blanchard, 8890 Avalon Street, owner of house to the north at 6895
Opal. He informally represented the neighbors. At a meeting artended by
John Sauer of A-M Company, Linda Danisle, Rick Gomez, Attorney Charles
Doskow, and himself, they all agreed to the following compromises and
modifications:
a. A-M Company will make Avalon an emergency vehicle access only.
b. A-M Company will reduce by three the number of two-story homes
originally planned bordering the Opal Homes, and will negotiate with Opal
property owners to build a fence along the property line and regrade the
property.
Mr. Blanchard stated that since A-M was willing to reduce the number of
two-story homes, build a fence and regrade the property, and close off
Avalon, they felt this mitigated the density considerably, and they were
not willing to lose one lot. He urged Council to approve the
recommendations by A-M.
Bob Bagby, of A-M Company, stated that Mr. Blanchard has said everything
they would do. He stated that this was exactly what they had originally
proposed to the Planning Commission. They would be regrading and putting
back up to the neighbors fences at their expense.
Mary Lewis, 6741 Zircon, expressed that those living on Zircon felt this is
development is not conducive with the homes in the area. It is a low
income are coming in.
Mr. Blanchard stated that he represented the people on Opal and Avalon to
Carnelian since these were the people directly facing the project.
There being no further public response, Mayor Mikels closed the public hearing.
Mr. Dahl asked what the price range of these homes would be. Mr. Blanchard
responded the price of the homes would be from $90,000 to $110,000.
Mr. Gomez emphasized that the Council needed to deal only with the conditions
of the appeal which were:
1. Whether Avalon should be used for emergency services only with a crash
gate on Avalon
2. Whether to allow the replacement of the one lot eliminated by the
Planning Commission.
City Council Minutes
November 7, 1984
Page 5
Mr. Nubbs, City Engineer, asked if this action, to make Avalon only for
emergency services, would preclude pedestrian access. Mr. Gomez responded that
no pedestrian access would be provided.
Mr. Hubbs stated that this would be the shortest route to Carnelian School. He
recommended that some provisions be made for pedestrian access. Otherwise,
children would be taking the shortcut anyway.
Mr. Gomez pointed out that another route could be developed to the south or
allow both pedestrian and emergency vehicle access onto Avalon. An easement
could be granted for the dual purposes with staff approval.
Councilwoman Wright asked who would be responsible for the maintenance of this
easement. Mr. Gomez responded this would come under the hemeowner's agreement.
MOTION: Moved by Dahl, seconded by Wright to uphold the appeal with changes in
the conditions as outlined in staff's memo.
Councilman Bu'quet inquired how one would keep the children from going through
the vehicular access.
Mr. Gomez expressed that the pedestrian access could be diverted south onto the
project by Houtz Egg Ranch.
Mr. Bagby, A-M Company, stated they could design a pedestrian access with
the corner treatment of turf block which they proposed in his November 1st
letter to the City Council.
Councilman Dahl stated he would not hesitate to withdraw his motion if staff
would be certain that there would be an access to the south; he would go along
with the recommendation in the memo dated November 7.
Councilwoman Wright asked if staff would be able to have control over the type
of access?
Councilman Buquet felt the suggestion for an access to the south was the
appropriate area for a pedestrian access.
Councilman King expressed that we did not know what would be to the south, and
he felt we should approve the agreement except as it relates to the pedestrian
access. When a more appropriate design of pedestrian access is developed, then
at that point something could be done to close off Avalon for pedestrian access
and reroute the pedestrian traffic to the south.
Mr. Gomez expressed that Council has to deal with the appropriate accesses
tonight.
Councilman Dahl stated he wanted to withdraw his motion and change his motion.
Councilwoman Wright, the seconder, had no objections.
MOTION: Moved by Dahl, seconded by Buquet to uphold the appeal with the
changes in the conditions as follows:
I. That any connection to Avalon Street for primary ingress and egress
purposes be eliminated. That in the street's place, an emergency vehicluar
easement be provided with a crash gate at Avalon Street. Further, that the
easement to the west be for emergency vehicular purposes only, and that a
pedestrian access easement of 12 feet be provided to the south connecting
to and through the anticipated project to the south. And that the design
of that be ultimately approved and expedited in the A-M Company's plan.
2. That the one lot eliminated by the Planning Commission be reinstated
and that more one-story units be built along the west property line.
3. That the developer make a good faith effort in contacting all the
property owners abutting the west tract boundary and obtain their
permission to construct a single fence on the property line.
Motion carried unanimously 5-0.
City Council Minutes
November 7, 1984
Page 6
Mayor MikeIs called a recess at 8:25 p.m.
with all members of Council present.
The meeting reconvened at 8:30 p.m.
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4B. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENTS (GPA 84-03B, C, AND
D), AND DEVELOPMENT DISTRICT AMENDMENTS 84-03B AND C. Staff report by Otto
Kroutil, Senior Planner.
(1) ENVIRONMENTAL ASSESSMENT AND GENERAL PlAN AMENDMENT 84-03B - CITY OF
RANCHO CUCAMONGA - A request to amend the General Plan Land Use Map from Medium
Density Residential/General Industrial (4-14 du/ac) to Industrial Park on 18.8
acres of land located on the south side of 9th Street and Baker - APN
207-271-04 through 10, 17 through 20, 35, 37, 38, 43, 44.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-03B -
CITY OF RANClIO CUCAMONGA - A request to amend the Development District Map from
'~" (8-14 du/ac) and Industrial Specific Plan (General Industrial Subarea 1) to
Industrial Specific Plan (Industrial Park) for 18.8 acres of land located at
the south side of 9th Street and Baker - APN 207-271-04 through 10, 17 through
20, 35, 37, 38, 43, and 44.
Mayor Mikeis opened the meeting for public hearing. There being no response,
the public hearing was closed.
ACTION: Concurrence.
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(2) ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84-03C - VOLBEDA -
A request to amend the General Plan land use map from Low Density Residential
(2-4 du/ac) to Low Medium Density Residential (4-8 du/ac) on 4.78 acres of land
located on the south side of Arrow Highway, between Sierra Madre and Comet -
APN 207-222-08.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 84-03C -
VOLBEDA - A request to amend the Development District Map from L (2-4 du/ac) to
LM (4-8 du/ac) for 4.78 acres of land generally located on the south side of
Arrow Highway between Comet and Sierra Madre - APN 207-222-08.
Mayor Mikeis opened the meeting for public hearing. Addressing Council was:
Pete Volbeda, architect representing the owner for the project, expressed
that the low density, single family housing would be financially feasible
for them. Therefore, they were going with the higher slightly higher
density which would make the housing more affordable. However, the design
they are proposing would still be in keeping with the single family
adjacent residences.
Dale Hubble, 8289 Arrow, wanted to see this area developed but not into a
high density which would not fit in the neighborhood.. He also felt the
rock house on the property should be looked at and perhaps it could be
designed into the development.
Mr. Gomez stated the Planning Commission recommended that this be referred to
the liistorical Preservation Commission to see if there was merit for the house
to be preserved.
Rod Cable, 8680 Edwin Street, stated that the people on Edwin Street wanted
Edwin Street to remain a dead end street. Mr. Gomez stated that there was
no proposal at the present time which sets forth street connection to the
north to Arrow Route. Mr. Cable asked what kind of improvements would
there be. Mr. Kroutil responded that we are looking into obtaining some
Block Grant funds to provide streets, side walks, street lights, and a
park. Mr. Cable asked if there would be a sewer put in. Mayor Mikels
responded that a line would be put in with the development, but whether the
present homes would be included, he was not sure at this point.
City Council Minutes
November 7, 1984
Page 7
There being no further public response, Mayor Mikeis closed the public hearing.
ACTION: Concurrence.
(3) ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84-03D - CITY OF
RANCHO CUCAMONGA - A request to amend the General Plan Land Use Map from Medium
Density Residential (4-8 du/ac) to Low Medium Density Residential (4-14 du/ac)
on 15.8 acres of land located on the west side of Hellman Avenue, south of 7th
Street - APN 209-161-04, 16, 23 and 210-341-72.
Mayor Mikeis opened the meeting for public hearing. Addressing Council was:
Meg and Jess Groomer, 3223 Fosca Street, Carlsbad, owner of property,
requested that the zoning be left at the medium density.
There being no further public response, Mayor MikeIs closed the public hearing.
ACTION: Concurrence.
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City Clerk Authelet read the title of Resolution No. 84-280.
RESOLUTION NO. 84-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE
ELEMENT OF THE RANCHO CUCAMONGA GENERAL FLAN (GPA
84-03B, C, AND D)
MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 84-280
amending the adopted Land Use Element of the General Plan, authorizing the
issuance of a Negative Declaration, and waiver full reading. Motion carried
unanimously 5-0.
City Clerk Authelet read the title of Ordinance No. 241.
ORDINANCE NO. 241 (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM
'~" (8-14 DU/AC) AND INDUSTRIAL SPECIFIC PLAN (GENERAL
INDUSTRIAL SUBAREA 1) TO INDUSTRIAL SPECIFIC PLAN
(INDUSTRIAL PARK) FOR 18.8 ACRES OF LAND, LOCATED AT
THE SOUTH SIDE OF 9TH STREET & BAKER - APN 207-271-04
through 10, 17 through 20, 35, 37, 38, 43 & 44 (DDA
84-03B)
MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance
No. 241. Motion carried unanimously 5-0. Mayor Mikels set second reading for
November 21, 1984.
City Clerk Authelet read the title of Ordinance No. 242.
ORDINANCE NO. 242 (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE DEVeLOPMeNT DISTRICT MAP FROM
'~" (2-4 DU/AC) TO '~M" (4-8 DU/AC) FOR 4.8 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY,
BETWEEN SIERRA MADRE AND COMET STREETS - APN 207-22-08
(DDA 84-03C)
MOTION:
No. 242.
November
Moved by King, seconded by Wright to waive full reading of Ordinance
Motion carried unanimously 5-0. Mayor Mikels set second reading for
21, 1984.
City Council Minutes
November 7, 1984
Page 8
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4C. 19th STREET LAND USE AMENDMENTS. Staff report by Rick Gemez, City Planner.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02-A - 19TH
STREET CORRIDOR STUDY - A Development District amendment from '~iH" (14-24
du/ac) to '~" (8-14 du/ac) for 4.96 acres of land, located at the northwest
corner of 19th Street and Beryl Avenue - APN 201-221-08. Item continued from
October 17, 1984 meeting.
Mayor Mikels opened the meeting for public hearing. Addressing Council were:
Tony Peppertone, a real estate broker living in Alta Loma, opposed the
higher density and wanted the area designated '%".
Jim Auloicki urged Council to lower the density.
There being no further public response, Mayor Mikels closed the public hearing.
City Clerk Authelet read the title of Ordinance No. 237.
ORDINANCE NO. 237 (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER
201-221-08 LOCATED AT THE NORTHWEST CORNER OF 19TH
STREET AND BERYL AVENUE FROM '~1t" TO '~"
MOTION: Moved by King, seconded by Buquet to waive full reading of Ordinance
No. 237. Motion carried unanimously 5-0.
Moved by Dahl, seconded by King to adopt Ordinance No. 237 rezoning
Motion carried by the
MOTION:
the northwest corner of 19th and Beryl from '~4H" to '~".
following vote:
AYES: Buquet, Mikeis, Dahl, King
NOES: Wright
(38)
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02-B - 19TH
STREET CORRIDOR STUDY - A Development District Amendment from '~H" (14-24
du/ac) to '~" (8-14 du/ac) on approximately 15.75 acres of land, located on the
north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN
201-101-07, 11, 21 (in park only) and 22. Item continued from October 17, 1984
meeting.
Mayor 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. 238.
ORDINANCE NO. 238 (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS
201-101-07, 11, 21 (IN PARE ONLY) AND 22, LOCATED ON
THE NORTH SIDE OF 19TR STREET, BETWEEN ARCHIBALD AND
AMETHYST AVENUE FROM '~411" TO '~"
MOTION: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance
No. 238. Motion carried unanimously 5-0.
MOTION: Moved by Buquet, seconded by Dahl to adopt Ordinance No. 238 rezoning
north side of 19th Street between Archibald and Amethyst from '~IH" to '~".
Motion carried by the following vote:
AYES: Buquet, MikeIs, Dahl, King.
NOES: Wright
City Council Minutes
November 7, 1984
Page 9
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02-C - 19TH
STREET CORRIDOR STUDY - A Development District Amendment from "OP"
(Office/Professional) to '~M" (4-8 du/ac) on 5.04 acres of land, located at the
northeast corner of 19th Street and Hermosa Avenue - APN 202-191-13, 14. Item
continued from October 17, 1984 meeting.
Mayor 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. 239.
ORDINANCE NO. 239 (second reading)
AM ORDINANCE OF THE CITY OF RANCRO CUCAMONGA,
CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER
202-1 91-13, 14, LOCATED AT THE NORTHEAST CORNER OF 19TH
STREET AND HERMOSA AVENUE, FROM "OP" TO LOW-MEDIUM
MOTION: Moved by King, seconded by Dahl to waive full reading of Ordinance No.
239. Motion carried unanimously 5-0.
MOTION: Moved by King, seconded by Buquet to adopt Ordinance No. 239 rezoning
the northeast corner of 19th Street and Hermosa Avenue from '~P" to "LM".
Motion carried by the following vote:
AYES: Buquet, Mikels, King
NOES: Wright, Dahl
(Councilwoman Wright expressed that one of the options she wanted was '%" for
the '~" designation. Therefore, she voted against this.
Councilman Dahl stated he wanted to see a separation between the "L" and '%M",
therefore, he voted no).
(39)
Mayor Mikels called a recess at 9:30 p.m.
with all members of Council present).
The meeting reconvened at 9:45 p.m.
******
5. NON-ADVERTISED HEARINGS
5A. REGULATIONS OF AMBULANCE SERVICE WITHIN THE CITY OF RANCNO CUCAMONGA - Item
continued from October 17, 1984 meeting.
Mayor Mikels announced that at the last meeting Council heard public comment.
Tonight's meeting was for Council discussion only.
Councilwoman Wright went over her list of nineteen concerns with the
ordinance. Actions taken by Council were:
Section 4.1.10(h) Failure, without adequate justification, to continuously
provide MIC paramedic emergency service for a continuous period of more
than 24 hours. ACTION: Delete section entirely.
Section 4.1.11 Suspension, Conditional Operation, and Temporary Variance.
In the event of a change in ownership of any king or nature, any
interruption of service (or more than twenty-four (24) hours duration) or
any substantial change in staffing or equipment, etc ..... ACTION: Delete
words, "or more than twenty-four (24) hours duration".
Mayor Mikels stated that there were several main concepts to deal with: (1)
are we going to require proriders of service to meet certain standards; (2) are
we going to require a paramedic on every response, emergency and non-emergency;
or (3) are we going to just require that a prorider have a paremedic available
if requested.
(4o)
City Council Minutes
November 7, 1984
Page 10
Discussion followed regarding these issues.
The City Attorney suggested a change for Section 4.1.14 Conformance with Permit
Ordinance. No ambulance operator shall provide ambulance service for ambulance
calls originating within the City unless he shall first have a valid City
permit. Any violation of this Section shall be a misdemeanor.
City Clerk Authelet read the title of amended Ordinance No. 230 for first
reading.
ORDINANCE NO. 230 (first reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL
CODE PERTAINING TO THE REGULATION OF AMBULANCES
MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance
No. 230. Motion carried unanimously 5-0.
Mayor Mikeis set second reading for Ordinance No. 230 for November 21, 1984.
Mayor Mikels called a recess at 11:20 p.m. The meeting reconvened
p.m. with Councilman Buquet absent. Mr. Buquet left for work.
at 11:35
(41)
5B. ORDINANCE PROHIBITING INTERFERENCE WITH POLICE DOGS.
presented by Lauren M. Wasserman, City Manager.
Mayor Mikels opened the meeting for public hearing. There being
the public hearing was closed.
City Clerk Authelet read the title of Ordinance No. 243.
ORDINANCE NO. 243 (first reading)
Staff report
no response,
AN ORDINANCE OF THE CITY OF RANCHO CUCANONGA,
CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCANONGA
MUNICIPAL CODE BY ADDING CHAPTER 9.16 THERETO ENTITLED
'~ISCELLANEOUS OFFENSES" WHICH INCLUDES SECTION
3.16.010 PROHIBITING THE INTERFERENCE WITH POLICE DOGS
Mayor MikeIs set second reading of Ordinance No. 243 for November 21, 1984.
(42) 5C. ETIWANDA AREA DRAINAGE POLICIES - Review of recommendations from Planning
and Advisory Commission concerning development policies in the Etiwanda
Specific Plan areas pending adoption of a revised Storm Drain Master Plan, and
(43) approval of Consultant's Contract with Williemson & Schmid, Civil Engineer,
Inc. to prepare the Foothills-Etiwanda Area Drainage Plan and establish Plan
Advisory Committee. Staff report by Lloyd Hubbs, City Engineer.
Three interim policies have been submitted to the Advisory Commission and
Planning Commission for their consideration. The alternatives which were
considered were:
1. Restrict application in the Etiwanda Specific Plan Area until adoption
of the Drainage Plan.
2. Allow applications to be accepted and reviewed subject to individual
environmental review with potential denial or a conditional approval.
City Council Minutes
November 7, 1984
Page 11
3. Allow development to continue unrestrained with extensive use of
temporary detention facilities to mitigate the impact of increased runoff.
The Advisory Commission recommended the second option to go ahead and accept
applications in the areas where there was acceptable drainage solutions The
Planning Commission felt that the problem was serious enough that they wanted
to go a step further and restrict applications until such time the drainage
plan was complete and had a program for the area.
Mayor MikeIs opened the meeting for public input. Addressing Council were:
James Frost asked how Council would define landowner if Council chose them
to serve on the Committee. Mayor Mikels responded it would be anyone who
owns land.
Chris Cerold, 2417 Artasia Blvd., Redondo Beach, owner of fifty acres of
land at Etiwanda Blvd. and Miller Avenue, was surprised that the mortorium
was going to occur since he had started doing some hydrology studies per
staff's recommendation. He suggested some options if a moratorium is an
absolute necessity: (1) Continue allowing applications to be processed.
Have each person who submits a map stipulate that he would meet any of the
new conditions that occurs as a result of the study. (2) Grant an
extension in order to give a developer's engineers a chance to present a
method of establishing criteria for a moratorium. (3) Grant a three month
maximum on the moratorium. During that time they have certain work that
they could be doing on the properties. After the three-month moratorium,
they would like to have their applications submitted and accepted.
Mayor Mikeis stated that maps already submitted would not be affected by the
moratorium. If everything goes through in final, they will still have to
provide what is less than master plan facilities to take care of the storm
runoff. They will have to dig retention basins on their property, plus pay the
required storm drain fees.
Mr. Gerold wanted the option that they could build a retainer for the water
on site until such time the city's plan is ready. Mayor Mikels responded
that would be a policy question that Council needed to consider if they
wanted people building retaining basins on their property.
Don Hornbeck, representing Lanco Corporation, 150 S. E1Molena, one of the
landowners that Mr. Getold would be incorporating into his project, stated
they would have a serious financial janpact with a six month moratorium.
They urged that this be shortened to ninety days.
Mr. Hubbs, City Engineer, stated that they hoped this process would come to a
close in ninety days.
Mr. Dougherty expressed that Section 6 of the proposed ordinance does provide
for a sooner repeal by the City Council. May I is the automatic expiration
date in case the City Council takes no further action.
John Van Dyke, 12540 Gem Street, Suite C, Chino, owner of a small land
acquisition company and representative for one of the landowners, Gerald
Saphey, asked if this study could be done without the moratorium. He
presented some alternatives: (1) No moratorium; (2) One month delay to
study further alternative action in order for Mr. Gerald to get his map in;
(3) Two week delay if you can't give a one month delay; (4) Annex all
property which is affected by the moratorium into an existing Day Creek
Mello Roos District, which exists for the Victoria and Tetra Vista
Projects.
There being no further public response, Mayor MikeIs closed the meeting.
Mayor Mikeis asked if there was any merit to speed the process. Mr. Hubbs
responded that the contract does stipulate a three-month period. They will
move expeditiously, but he preferred leaving this at six months and felt he
could be pursuesire with the consultants to shorten the time.
City Council Minutes
November 7, 1984
Page 12
Council concurred to change Section 6 of Ordinance No. 244 to March 20, making
this 120 days.
City Clerk Authelet read the title of Ordinance No. 244.
ORDINANCE NO. 244 (urgent)
AN ORDINANCE OF THE CITY OF RANCHO CUCANONGA,
CALIFORNIA, ESTABLISHING A MORATORIUM ON THE FILING OF
CERTAIN LAND DIVISION APPLICATIONS AND RESIDENTIAL
DEVELOPHENT APPLICATIONS IN THE ETIWANDA SPECIFIC PLAN
AREA AND DECLARING THE URGENCY THEREOF
MOTION: Moved by Dahl, seconded by Wright to waive full reading of Ordinance
No. 244. Motion carried 4-0-1 (Buquet absent).
MOTION: Moved by Dahl, seconded by Wright to approve the contract with William
and Schmidt. Motion carried 4-0-1 (Buquet absent).
Composition of the Committee: MOTION: Moved by Mikeis, seconded by Dahl to
nominate Charles Buquet as the Council representative. Motion carried 4-0-1
(Buquet absent). Council concurred that there should also be one Planning
Commission and one Advisory Commission representative, and they each should
select their own representative. The BIA should select their one
representative. Consensus of Council was that Wayne Blanton should represent
the landowners.
(44)
6. CITY MANAGER'S STAFF REPORTS
6A. PROPOSED TERRA VISTA DEVELOPMENT AGREEMENT BETWEEN THE CITY, CENTRAL SCHOOL
DISTRICT. AND LEWIS HOMES - Item continued from 6ctober 17, 1984 meeting.
Mayor MikeIs opened the meeting for public input. Addressing Council was:
Kay Matlock, Lewis Homes, asked for limited agreement with the City in
order to allow them to proceed with the school program with Central School
District. They needed four things from the City: (1) That the process
controlling the design and construction of the proposed school by Lewis
Homes for Central School District will be no different from what happens
with any other school -- meaning that it is a State and School District
concern; (2) That fees associated with the design and construction of the
school will be the same as any other school -- meaning that its a State
concern, not a City one; (3) Since the program will handle all the needs
the District feels it has, they have agreed not to charge any school
impaction fees for Tetra Vista. They needed the City's ratification of
this since the City is the Agency with the authority to impose school
impaction fees; and (4) Because this program will handle the problem
permanently, the District has agreed that Lewis Homes will not be affected
should they ever find it necessary to ask the Council for a moratorium
because of overcrowding. They need the City's ratification of this also.
Lewis Homes will provide portable classrooms for a cost of $1.00 per year
to the school district until State funds are available.
Mayor Mikeis asked what happens when the portables that have been purchased are
completely depreciated; what happens when the equipment and books are
completely depreciated; assuming no State funds are available. Since this is a
30-year agreement which locks the City in, what happens then? How are they
going to be replaced?
Ms. Matlock responded that she did not feel they would be thoroughly
depreciate in 30 years. She felt that if Lewis Homes were not doing this
for the School District, they would be obligated to do this themselves. In
that case, Mayor Mikels pointed out that they would be their equipment and
provided for out of their budget. This is an extraordinary item which has
come out of budget, and we are talking about replenishing something which
they did not provide in the first place.
City Council Minutes
November 7, 1984
Page 13
Discussion following regarding this issue.
Councilman King etated it appears that we are basically being asked to sign a
development agreement which has its foundation on the school agreement. In the
Covenant to Perform it indicates that the School Agreement that Council agrees
to comply in a manner prescribed in the School Agreement as it may be amended
from time to time. It is possible that the School Agreement may be amended as
you go along while the City is not a party to the school agreement, so we are
promising to do things that may change as the School Agreement is amended.
Mayor Mikels pointed out that the City has already entered into a developer
agreement with Lewis Homes for Tetra Vista which binds all future City
Council. He cannot get beyond the problem of entering into an agreement for 30
years which will bind future Councils.
Councilwoman Wright pointed out that the agreement with the School District is
merely stating that the commitment shall expire when all residential units to
be built within the prescribed area have been constructed. The City is bound
for thirty years; the School. District is only bound until the units have been
constructed, or as long as it takes to get State funding.
Jerry Welch, former attorney for Lewis Homes, addressed the issue raised by
Councilwoman Wright as to why the City's contract was for thirty years
while the School District's agreement was only until development was
completed. Originally they were talking about a lease with the School
District. They soon discovered that would not work since you could not
have a situation where a developer built a school, and at the end of some
specified lease term, the lease was over and the kids had no school. If
they were going to enter into this type of arrangement, it had to be a
perpetual arrangement as long as it was needed and State money came in and
solved the problem.
Ralph Lewis felt the Council has raise Some valid questions which they were
not prepared to answer. He suggested that Council table the matter in
order to give Lewis Homes a chance to address these issues.
ACTION: Council concurred to table item to give Lewis Homes time to rework the
agreement to address Council's concerns.
6B. ADVISORY COMMISSION'S RECOMMENDATIONS TO MODIFY ORDINANCE NO. 87-A - The
Advisory Commission is recommending the City Council consider the modifications
to the Ordinance which created the Commission (Ordinance 87 and 87-A). Item
continued from October 17, 1984 meeting. Staff report by Robert Rizzo,
Assistant to the City Manager.
Mr. Rizzo stated that if Council approved the concepts then he would come back
at the next meeting with an ordinance change for consideration.
ACTION: Concurrence with staff's recommendations to change the Advisory
Commission's terms of office from two years to three years; and to change the
term of office of the Chairperson from September 1 through August 31.
(45)
7. COUNCIL BUSINESS
7A. MATTER OF EXPIRED ADVISORY COMMISSION TERMS - Item continued from October
17 , 1984 meeting.
(46)
City Council Minutes
November 7, 1 984
Page 14
(46) ~yor MikeIs opened nominations for three representatives fr~ Alta Loma:
~yor Mikels recommended reappointment of Sally Riehn
Councilman Dahl n~inated Bruce Mn Hahn
Councilw~an Wright n~i~ted Phillip Yenavakian
ACTION: All three were appointed.
(47) ~yor Mikels opened nominations for three representatives fr~ Cucamonga:
Mayor Mikels recommended reappointment of Paul Saldana
Councilman King nominated Jeff Hill
Councilman Dahl nominated Ray McIlvain
ACTION: All three were appointed.
(48) Mayor Mikels opened nominations for two representatives fr~ Etiwanda:
Mayor Mikels recommended reappointment of Jim Banks and Nell Westlotorn
Councilw~an Wright nominated J~ Hart
Those in favor of J~ Banks: 3-1-1 (Wright no; Buquet absent)
Those in favor of J~ Hart: 1-3-1 (Wright yes; Buquet absent)
Those in favor of Neil Weetlotorn: 4-0-1 (Buquet absent)
ACTION: Banks and Westlortorn were reappointed.
(49) 7B. DESIGN HVIEW SUBCO~ITTEE ~POINTMENT CONSIDE~TION - Item continued fr~
October 17, 1984 meeting. Item continued to November 21, 1984.
8. ~JOURNME~
MOTION: Moved by Dahl, seconded by King to adjourn. Motion carried 4-0-1
(Buquet absent). ~e meeting adjourned at 1:15 a.m.
Respectfully su~itted,
Beverly A. Authelet
City Clerk