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HomeMy WebLinkAbout1984/10/17 - Minutes October 17, 1984 CITY OF RANClIO CUCAMONGA CITY COUNCIL MINUTES 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga, California, met on Wednesday, October 17, 1984 in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: 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 Clerk, Beverly A. Authelet; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Associate Planner, Linda Daniels; Associate Planner, Dan Coleman; Community Services Director, Bill Holley; Finance Director, Harry Empey. Approval of Minutes: MOTION: Moved by King, seconded by Wright to approve the minutes of April 26, 1984. Motion carried unanimously 5-0. MOTION: Moved by Wright, seconded by Buquet to approve the minutes of October 3, 1984. Motion carried 4-0-0-1 (King abstained since he was absent at the 10-3-84 meeting). 2. ANNOUNCEMENTS~PRESENTATIONS 2A. Thursday, October 18, 1984, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. 2B. Wednesday, October 24, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. 2C. Thursday, October 25, 1984, 7:30 p.m. - ADVISORY COMMISSION, Library meeting room. 2D. Presentation of Service Awards. Five year pins were presented to Tino Tortes and David Leonard from the Maintenance Department. 3. CONSENT CALENDAR City Manager requested that item "C" be removed from the Consent Calendar. Councilwoman Wright requested items '~" and '~" be removed for discussion. City Manager requested that two items be added to the Consent Calendar: SEE. Approval of recommendation to transfer funds for Purchase of Personal Tape Records in the amount not to exceed $1500 from the Sheriff's Department Overtime Account. 3FF. Set public hearing for November 21, 1984 for appeal of Planning Commission Decision denying Environmental Assessment and Development Review 84-30, Reiter. ACTION: Council concurred. City Council Minutes October 17, 1984 Page 2 (~) (2) (3) (4) (5) 3A. Approval of Warrants, Register No's. 84-10-17 and Payroll ending 10/04/84 for the total amount of $813,812.84. 3B. Forward Claim (CL 84-22) against the City by Melbert L. Parker, auto damage, August 26, 1984, at 8th and Turner Avenue. 3C. Approval of Improvement A~reemeut and Improvement Security for Tract Map 12490, located on the east side of Vineyard Avenue, south of Foothill Boulevard, submitted by American National, Item deleted from Consent Calendar) 3D. Approval of Parcel Hap 8583 and Real Property Improvement Contract and Lien Agreement, submitted by Eleanor Carpenter and located at the northeast corner of Hellman Avenue and 9th Street. RESOLUTION NO. 84-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL P~P NUMBER 8583 (TENTATIVE PARCEL ~L~P NO. 8583) RESOLUTION NO. 84-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEHENT CONTRACT AND LIEN AGREEP~NT FROM ELEANOR CARPENTER AND MARJORIE STROUP, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME 3E. Approval of Parcel Hap 8345, submitted by Sero Amusement Company & Jafam Corporation, located at the northwest corner of Haven Avenue and Arrow Route. RESOLUTION NO. 84-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCBO CUCAMONGA, CALIFORNIA, A~PROVING PARCEL MAP NUMBER 8345 (TENTATIVE PARCEL MAP NO. 8345) (6) (7) (8) 3F. Approval of Improvement Extension Agreement, submitted by A & R Equipment Company for Parcel Map 6596, located at the northwest corner of Lucas Ranch Road and 4th Street. RESOLUTION NO. 84-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 6596 3G. Approval of Lien Agreement for Median Island in Foothill Boulevard and Improvement Agreement for street construction of Haven Avenue and Foothill Boulevard for the Virginia Dare Project, Parcel Map 8303, submitted by C/A Limited. RESOLUTION NO. 84-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY FOR PARCEL MAP NUMBER 8303 RESOLUTION NO. 84-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME City Council Minutes October 17, 1984 Page 3 3H. Release of Bonds: DR 79-06 - Located on the northwest corner of 19th and Ramona. Faithful Performance Bond $63,000.00 Tract No. 9351 - Located on the west side of Sapphire, south of Banyan. Landscaping & Block Wall Bond $42,938.00 3I. Approval of a Resolution for the Acceptance of Bonds and Improvement Agreement to guarantee the street construction of Hampshire Street at Hellman connection with the development of a mini warehouse by Blanco Storage (CUP 83-22). RESOLUTION NO. 84-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 83-22 3J. Approval of a Resolution for the acceptance of a Lien Agreement to postpone street improvements on Almond Street, west of Hermosa, currently unimproved, from Fred Janz at 9942 Almond Street. RESOLUTION NO. 84-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM FRED JANZ AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAPEE 3K. Approval of San Bernardino Road Reconstruction & Improvement and approval of Environmental Initial Study. RESOLUTION NO. 84-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY, AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED SAN BERNARDINO ROAD RECONSTRUCTION AND IMPROVEMENT 3L. Approval of authorization to invite bids for the reconstruction of Hellman Avenue from 6th Street to 659 feet north. 3M. Approval of authorization to invite bids for the reconstruction and improvement of San Bernardino Road from 975 feet, east of Vineyard Avenue to Archibald Avenue and the reconstruction of Church Street from Hellman Avenue to Archibald Avenue. 3N. Approval to authorize the Finance Director to purchase a Mobil Model 2TE3 street sweeper from Nixon-Egli Company, 12030 Clark Street, Santa Fe Springs, California 90670 for a total cost of $80,306.00. 30. Approval of revision to Drainage Fee Reimbursement Agreement with Zwicker and Wenget for Parcel Map 6658. Revision allows credit of fees due in-lieu of Direct Reimbursement of Fees after receipt. 3P. Approval of contract (C084-72) for professional services with Donald A. Cotton Associates to continue the administration of the City'e CDBG Program into Fiscal Year 1984-85. (9) (11) (13) (14) 15) 16) ~7) 18) 3Q. Approval of 1984-85 Housing Assistance Plan Increment for submittal to HUD. (19) City Council Minutes October 17, 1984 Page 4 (20) JR. Approval of a Resolution authorizing the financing of public improvements out of Redevelopment A~ency's Low and Moderate Income Housing Fund-Cal Rancho, Inc. project. RESOLUTION NO. 84-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DETEEHINING THAT THE CONSTRUCTION OF A STORM DRAIN FACILITY AND ASSOCIATED PUBLIC IMPROVEMENTS IN ARCHIBALD AVENUE IS OF BENEFIT TO THE RANCHO REDEVELOPMENT PROJECT AREA AND THE SURROUNDING NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS OTHER TI~ TAX INCREMENT FINANCING (21) 3S. Approval of authorization to enter escrow proceeding on Phase II of Hermosa Neighborhood Park. (22) 3T. Approval of Development Plan for Cncamouga Creekside Park. Item removed for discussion (23) 3U. Approval of Resolution authorizing the submission of 1984 State Park Bond Act Grant applications for three (3) projects: Expansion to Lions Community Center, The Phase I Development of Heritage Community Park and the Development of night lighted tennis courts at Beryl Park. Grant application requests will total $2,725,000. RESOLUTION NO. 84-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FOR THE LIONS COMMUNITY CENTER EXPANSION, THE PHASE I HERITAGE COMMUNITY PARK DEVELOFHENT (24) 3V. Approval of naming Sam Haloof a City Living Treasure. (Item removed for discussion). RESOLUTION NO. 84-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCBO CUCAMONCA, CALIFORNIA, RECOGNIZING THK WOEKS OF M~. SAM MALOOF AS HAVING GnXAT HISTORICAL MFalT AID TRxmxxOex DESIGNATING HIM AS A LIVING TRXaRU~ OF THB CITY OF ~ANCHO CUCAMONGA (25) 3W. Approval of Bevenue Sharing for Self-Evaluation/Transition Phase for the handicapped. (Item removed for discussion.) (25) 3X. Approval of Revenue Sharing for adoption of grievance procedures for the handicapped. (Item restfed for discussion.) (26) 3Y. Approval to cast vote for Special Election, Foothill Fire Protection District, San Bernardino County, California, Tuesday, October 30, 1984 (Mello Roos District). (27) 3Z. Set public hearing for November 7, 1984 for Enviromental Assessment and Development District Amendment 84-03-B, City of Rancho Cucamonga. (28) 3AA. Set public hearing for November 7,198/+ for Enviroemental Assessment and General Plan Amendment 84-03-B, City of Rancho Cucamonga. (29) 3BB. Set public hearing for November 7, 1984 for Env iroemental Assessment and Development District Amendment 84-03-C, Volbeda. lrTv City Council Minutes October 17, 1984 Page 5 3CC. Set public hearing for November 7, 1984 for Environmental Assessment and (30) General Plan Amendment 84-03-C, Volbeda. 3DD. Set public hearing for November 7, 1984 for Environmental Assessment and (31) General Plan Amendment 84-03-D, City of Rancho Cucamonga. 3EE. Approval of recommendation of transfer of funds for Purchase of Personal Tape Recorder in the amount not to exceed $1500 from the Sheriff's Department Overtime Account. (32) 3FF. Set public hearing for November 21, 1984 for appeal of Planning Commission decision denying Environmental Assessment and Development Review 84-30, Reiter. (33) MOTION: Moved by Buquet, seconded by Dahl to approve the Consent Calendar with the deletion of items "C", '~", and '~". Motion carried unanimously 5-0. Discussion of Item 3T. Approval of Development Plan for Cucamonga Creekside Park. Approval of Development Plan for Cucamonga Creekside Park. Councilwoman Wright stated that she had the item pulled because she had told the residents, who did not have horses, they would be notified and would have a chance to be heard on this when it came before the Council. Mayor Mikels asked if there was anyone present to address this item. Mr. Philipson, 7378 Alta Questa, addressed Council stating that he was opposed to this. The trail was originally designed for bikes, hikers, and joggers. He was concerned about the sanitation. There were only about ten houses involved and none had received a notice on this. Bill Rolley, Community Services Director, responded to his concerns. MOTION: Moved by Dahl, seconded by King to approve Item '~". Motion carried by the following vote: AYES: Buquet, Mikeis, Dahl, King NOES: Wright Discussion of Item 3V. Approval of naming Sam Maloof a City Living Treasure. RESOLUTION NO. 84-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE WORKS OF MR. SAM MALOOF AS HAVING GREAT HISTORICAL MERIT AND THEREFORE DESIGNATING HIM AS A LIVING TREASURE OF THE CITY OF RANCHO CUCAMONGA Mary Whitney, from Community Services Department, presented the actions taken by the Historical Preservation Commission. MOTION: Moved by Wright, seconded by Buquet to approve item '~", Resolution No. 84-271, and waive full reading. Motion carried unanimously 5-0. Discussion of items W: Approval of Revenue Sharing for Self-Evaluation/ Transition Phase for the handicapped; and X: Approval of Revenue Sharing for adoption of grievance procedures for the handicapped. Mayor Mikels requested an explanation. Mr. Wasserman responded that these were regulations under the Revenue Sharing. The items were changes required to our buildings to make accesses available for the handicapped. The specific items will be brought back for approval. MOTION: Moved by MikeIs, seconded by Dahl to approved items '~" and "X". Motion carried unanimously 5-0. City Council Minutes October 17, 1984 Page 6 (34) 4. ADVERTISED PUBLIC HEARINGS 4A. APPEAL OF PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 84-13 - SYCAMORE INVESTMENTS - The development of a 43,992 sq. ft. commercial shopping center with retail shops, fast food restaurant, and gasoline service station/convenience market on 5.444 acres of land in the Neighborhood Commercial District, located on the northeast corner of Archibald and Base Line - APN 202-181-27. Mr. Wasserman, City Manager, stated it was staff's recommendation that when new plans come in on appeals that are different from what the Planning Commission saw, they be referred back to the Planning Commission. Therefore, it was staff's recommendation that this item be referred back to the Planning Commission. Mayor Mikeis asked the Council what they wished to do since these were new plans which had been submitted. Mr. Tart, the appellant requested that he continue with the appeal since he was seeking direction which he has not been able to receive at lower levels. Council concurred to proceed with the appeal. Staff report was presented by Dan Coleman, Associate Planner. Mr. Coleman presented some slides showing pedestrian oriented shopping centers. He stated it was staff's recommendation not to circumvent the planning process, but to refer this back to the Planning Commission. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Jack Tarr, appellant, presented the original plans as submitted to Design Review, the revisions submitted to Planning Commission, and the revisions made after the Planning Commission's denial. He requested Council's approval of plans as submitted to Council; and if not, then give him specific direction where he hasn't complied. Jim Barton stated that he has never had a problem with Design Review, Planning Commission, or City Council. He felt the quality of life in Rancho Cucamonga has changed and felt the Council should deny the appeal. Jane Grent expressed she was tired of developers putting down the Planning Commission. There being no further response from the public, Mayor Mikels closed the public hearing. Mayor MikeIs expressed to Mr. Tarr that someone was directing him in the right direction because there has been a great deal of improvement from the first set of drawings. He further stated that the Council should not act as Design Review or Planning Commission. Councilman King felt it would be appropriate for Planning Commission. He felt there could be more gas station area. this to go back to the streamlining done around the Councilman Buquet felt encouraged with the changes thus far. He had concerns about uses on the site. He did like the direction it was going, but felt this should go back to the Planning Commission. MOTION: Moved by Dahl, seconded by King to refer this back to Design Review on November 1 and the Planning Commission on November 14. Motion carried unanimously 5-0. Mayor Mikels called a recess at 8:40 p.m. The meeting reconvened at 8:52 p.m. with all members of Council and staff present. City Council Minutes October 17, 1984 Page 7 4B. APPEAL OF PLANNING COMMISSION DECISION-TENTATIVE TRACT 12414 - AM COMPANY - ApEeal by Councilmember Dab1 of Planning Commission decision to grant a 30% park fee credit based on the amount of open space provided in Tract 12414 as permitted by Ordinance 105-B. Staff report by Linda Daniels, Associate Planner. Mayor MikeIs opened the meeting for public hearing. Addressing Council was: Gary Mitchell, of AM Company. Me urged Council to grant the 30% park fee credit. There being no further public response, Mayor Mikeis closed the public hearing. Councilman Dahl stated his reason for the appeal was because the Ordinance did not allow any park credit for this type of open space. He felt that if Council was to offer any park credit, then this could be looked at as a "condo" type project or planned development and be assessed accordingly. Councilman King stated it was his position in a case like this when a development is offering some open space, then some kind of credit should be allowed. He felt this would be a dangerous precedent in making this a PUD. Councilman Dahl felt Council would be setting a dangerous precedent to go against the ordinance. He wanted to consider this as a PUD since it has a large amount of open space and recreational areas. Mayor Mikeis stated that the amount of open space being provided in this project would be required today. When it was submitted, it was not the requirement. It may be appropriate to take a look at the park dedication ordinance since the passage of SB 2137. However, he objected to an applicant who was denied at the Planning Connnission level try to get around the action by coming to the City Council. MOTION: Moved by Dahl to uphold the appeal to deny the Planning Commission decision to grant the 30% park fee credit for Tract No. 12414. · Councilman Buquet requested some alternatives. Mayor Mikeis stated that we can review Ordinance No. I05-C. If, after review of the Ordinance, the City Council could decide to grant private open space credit based on certain criteria. Right now the three acre minimum puts a damper on any open space credit. There is a possibility that Council could retroactively grant the credit. He would like to provide an incentive for quality developments in the City. He was against interpreting this development as a condominium development. Councilman Dahl stated he felt very strongly about Ordinance No. 105-C and was willing to review it, but not willing to change it. Mr. Dougherty expressed that the only distinction in the ordinance is between single family residences and multiple family residences. In this case, it appears you have single family detached residences. There is not a basis for applying the multiple family residential rate. MOTION: Moved by Dahl to amend the former motion to uphold the appeal to allow for retroactive fee adjustments which may be made through a restudy of Ordinance No. 105-C. Mation failed for lack of a second. Mayor Mikeis suggested that a motion be made on just the appeal. Councilwoman Wright stated that the issue should be, does the project deserve credit for open space or does it not. She does not intend to create a whole new sphere of dealing with open space credit. She believes the project does deserve open space credit. City Council Minutes October 17, 1984 Page 8 MOTION: Moved by Dahl, seconded by Mikeis to uphold the appeal. Motion failed by the following vote: AYES: Mikels, Dahl NOES: Wright, Buquet, King ACTION: Appeal denied. Council supported the Planning Commission's decision to grant the 30% credit for the private open space provided. (36) 4C. APPEAL OF PLANNING CONDITION OF APPROV/LL - ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 84-32 - BARMAKIAN - The development of an industrial complex totaling 123,000 sq. ft. on 8, acres of land in the General Industrial/Rail Served category (Subarea 5), located at the northwest corner of Center Avenue and 6th Street - APN 209-261-26. Item continued from October 3, 1984 meeting. Appeal was withdrawn by applicant. (37) 4D. 19TH STREET LAND USE AMENDMENTS: (38) (1) ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84-02-A - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Medium High Residential (14-24 du/ac) to Medium Residential (4-14 du/ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Avenue - APN 201-221-08. Staff report by Curtis Johnson, Associate Planner. Title of Resolution No. 84-268 was read by City Clerk Authelet. RESOLUTION NO. 84-268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IL4NCItO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN 84-02-A, 1911 STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM-HIGH RESIDENTIAL TO MEDIUM RESIDENTIAL FOR 4.96 ACRES OF LAND, LOCATED AT THE NORTItWEST CORNER OF 1911 STREET AND BERYL AVENUE - APN 201-221-08 Mayor Mikeis opened the meeting for public hearing. There being no response the public hearing was closed. MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 84-268, amending the General Plan Land Use Map from medium-high residential to medium residential for 4.96 acres of land at the northwest corner of 19th Street and Beryl Avenue; and waive full reading. Motion carried unanimously 5-0. (2) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02-A - 19TM STREET CORRIDOR STUDY - A Development District amendment from '~H" (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. 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. 237. ORDINANCE NO. 237 (first reading) AN ORDINANCE OF THE CITY OF PaCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NITMBER 201-221-08 LOCATED AT THE NORTHWEST CORNER OF 1911 STREET AND BERYL AVENDE FROM '~H" TO '~" City Council Minutes October 17, 1984 Page 9 MOTION: Moved by Buquet, seconded by Dab1 to waive full reading of Ordinance No. 237. Motion carried unanimously 5-0. Mayor MikeIs set second reading for November 7, 1984. (3) ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84-02-B - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Medium High Residential (14-24 du/ac) to Medium Residential (4-14 du/ac) on approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 202-101-07, 11, 21 (in part only) and 22. Report by Curtis Johnson, Associate Planner. City Clerk Authelet read title of Resolution No. 84-269. RESOLUTION NO. 84-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 84-02-B, 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM HIGH RESIDENTIAL TO MEDIUM RESIDENTIAL ON APPROXIMATELY 15.75 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF 19TH STREET BETWEEN ARCItIBALD AVENUE AND AMETHYST AVENUE - APN 201-101-07, 11, 21 (IN PART ONLY) AND 22. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Mr. Goldie, speaking in behalf of the property owner, felt this property was ideally suited for medium high density because of its location to commercial properties, to the freeway corridor, and its location along 19th Street. He presented a proposition tO amend the Development Code for this property and designate it 14-18 du/ac. This would reduce the spread available on the property by over 60%, set defined limits on it, and allow for all the other good types of review that the City has built in. He stated that even with the existing higher density (14-24 du/ac), a plan recently went through and whatever types of consideration it received as to why it was rejected, density (other than along 19th Street) was not the issue. He suggested a compromise to amend the Development Code for a density of 14-18 instead of 14-24. They would accept a density of not greater than 18 du/ac. Mr. Kroutil, Associate Planner, stated that we do not have authority to condition zoning unless Council was willing to rethink the categories in the General Plan. This cannot be approved or disapprove since this amendment is based on the District as it currently exits. City Attorney stated Council would have to create a separate zoning district classification in order to comply with the suggestion made, because State law precludes adopting a zoning classification which would only be able to be applied to one property within the City. Council would have to create a separate classification called perhaps 14-18 du/ac; that would be the way it would read, even if in fact, it may only be applied to one property. Chris Funk, Lincoln Properties, encouraged Council to create a Development District of 14-18 units per acre. Mr. Demena, who lives south of the proposed site, wanted to keep the high density down. Jim Frost stated that higher density will be appropriate at some future date when the freeway is in place. Jane Grent, 9927 Mignonette Street, felt that this should remain at the '~" designation. Bruce Ann Hahn, 9910 LeVine, wanted to see the single story through the entire project and at 4-14 du/ac. (39) City Council Minutes October 17, 1984 Page 10 (4o) Larry Bliss, 6634 Carnelian, spoke in favor of Lincoln Properties project and the compromise which Mr. Goldie set out of 14-18 du/ac. Jim Kavakian, 6739 Teak Way, stated the 18 dwelling units per acre density was not acceptable. There being no further public response, Mayor Mikeis closed the public hearing. Council discussion following with Council concurring to go along with the 19th Street Study recommendations. Mayor MikeIs asked if the Resolution sufficiently distinguish the 15.75 acres of land which is the total parcel which includes the OP zoning on the southeast corner of the parcel. Mr. Johnson responded that the Planning Commission first considered 18.75 acres which included not only the "OP" and the Lincoln Properties site, but also two additional properties which he pointed out on the map. What Council is looking at now is only the 15.75 acres. MOTION: Moved by King, seconded by Wright to approve Resolution No. 84-269, amending the General Plan Land Use Map from medium high residential to medium residential for 15.75 acres on the north side of 19th Street between Archibald and Amethyst; and waive full reading. Motion carried by following vote: AYES: Wright, MikeIs, Dahl, King NOES: Buquet (4) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02-B - 19TH STREET CORRIDOR STUDY. A Development District Amendment from '~11" (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, I1, 21 (in part only) and 22. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 238. ORDINANCE NO. 238 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201-101-07, 11, 21 (IN PART ONLY) AND 22, LOCATED ON THE NORTH SIDE OF 19TH STREET, BETWEEN ARCHIBALD AND AMETHYST AVENUE FROM '~M" TO '~" MOTION: Moved by King, seconded by Dahl to waive full reading of Ordinance No. 238. Motion carried unanimously 5-0. Mayor MikeIs set second reading of Ordinance No. 238 for November 7, 1984. Mayor Mikels called a recess at 10:30 p.m. p.m. with all members of Council present. The meeting reconvened at 10:45 (41) (5) ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84-02 C - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Office and Low-Medium Residential (4-8 du/ac) to Low Residential (2-4 du/ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202-191-13, 14, 23. Staff report by Curtis Johnson, Associate Planner. City Clerk Authelet read title of Resolution No. 84- 270. City Council Minutes October 17, 1984 Page 11 RESOLUTION NO. 84-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 84-02-C, 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM LOW-MEDIUM RESIDENTIAL AND OFFICE PROFESSIONAL TO LOW RESIDENTIAL ON 11.23 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE - APN 202-191-13, 14, 23 Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Bruce Ann Hahn requested Council to consider a low density for this parcel. James Chase, part o~ner in the Low Medium property to the north and part owner of the property designated OP, wanted Council to consider down zone the entire property to '%M". Jim Kovakian, 6739 Teak Way, expressed that the 19th Street Corridor Study Group adopted the Resolution because it was the desires, needs, and wants for the future of the community. He urged Council's approval of the Croup's recommendations. There being no further public response, Mayor Mikels closed the public hearing. Councilman King expressed that in this immediate area he felt the designation should be '~M" at the intersection because of the substantial costs involved to improve the intersection of Hermosa and 19th Street which a lower density could not support these improvements. Councilman Dahl felt that the "OP" should be "LM" at 19th and Hermosa and '%" for the '~M" on the other parcel. The bottom half of the project to the west comes up for extension in January 1985. If at that time there hasn't been a project filed and it hasn't begun construction, he would stand in favor of also down zoning that property. Mr. Buquet expressed concerns with the single family to the east. He could not support '~M" to the north and south. He felt a transition going from '~M" at the corner and working up to a single family buffer was the only way to solve this problem. Mayor MikeIs concurred that designating the intersection '~M" makes sense. He felt that master planning the area makes even more sense. Mr. Gomez suggested that Council look at the entire piece in one land use category. The objectives brought up can be formulated through the new policies that are in the Development Code and through use of a master plan. From a design prospective, it will provide more flexibility with one designation category. Discussion followed by Council regarding these issues. MOTION: Moved by Dahl to change the '~M" to '4" and the "OP" to '~M." Councilman King would second the create too many design constraints. staff for examination. motion, but he didn't know if this would He felt this should be directed back to Mr. Kroutil suggested that the site be in just one designation. There are design constraints on a site that is only 10 acres which has single family residential on three sides, two streets butting into it, constraints relative to Hermosa and 19th Street intersection, drainage, etc. If you want the best possible project, you need the flexibility of designing for the entire site. There being no second to Councilman Dahl's motion, the motion failed. City Council Minutes October 17, 1984 Page 12 (42) (43) MOTION: Moved by Buquet, seconded by King to change the "OP" to '~M" with the intent of implementing actions which would bring this in the parameter with the single family homes. Motion carried by the following vote: AYES: Buquet, Mikeis, Dahl, King NOES: Wright After further discussion by Council, Councilman Dahl requested to change his vote since he thought they were talking about master planning the property. If not, he did not want it to be '~M". MOTION: Moved by Dahl, seconded by Wright to reconsider Resolution No. 84-270. Motion failed 5-0. MOTION: Moved by Buquet, seconded by King to amend the original motion to master plan area, and to waive full reading of Resolution No. 84-270. Motion carried unanimously 5-0. (6) 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) to '~" (2-4 du/ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202-191-13, 14, 23. Staff report by Curtis Johnson, Associate Planner. 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 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-191-13, 14, 23, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND RERMOSA AVENUE FROM '~M" AND "OP" TO MOTION: Moved by Buquet, seconded by King to waive full reading of Ordinance No. 239. Motion carried unanimously 5-0. Mayor Mikels set second reading for November 7, 1984. 4E. ENVIRONMENTAL IMPACT REPORT FOR CUP 84-06 - HFA ASSOCIATES - Review and consideration of a supplemental Environmental Impact Report (EIR) prepared for development of a regional shopping center on 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill Boulevard, vest of Interstate 15 - APN 227-201-35 and APN 227-211-30. Item to be continued to November 7, 1984 meeting. ACTION: Council concurred to continue to November 7, 1984. (44) 4F. ENVIRONMENTAL ASSESSMENT AND CUP 84-06 - HFA ASSOCIATES - Conceptual review of a master plan for the development of a regional shopping center on 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill Boulevard, west of Interstate 15 - APN 227-201-35 and APN 227-201-30. Item to be continued to November 7, 1984 meeting. ACTION: Council concurred to continue to November 7, 1984. City Council Minutes October 17, 1984 Page 13 5. NON-ADVERTISED HEARINGS 5A. REGULATIONS OF AMBULANCE SERVICE WITHIN THE CITY OF RANCHO CUCAMONGA - Item continued from October 3, 1984 meeting. Staff report presented by Lauren Wasserman, City Manager. Bob Doughstry, City Attorney, reviewed his comments made to Council by letter. Council concurred to proceed with the public hearing and no make changes in the ordinance now. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Michael Leight, attorney for Canyon Medical, stated that the Council has stated that their intent was to regulate emergency medical services in the City, not to regulate non-emergency medical services. If that is the case then he felt it should be stated in the ordinance that it is intended to regulate emergency medical transportation and specifically exclude non-emergency medical transportation. He still has not read in the transcripts any need for the ordinance, and wondered what has happened in the city to require a need for the ordinance. Dr. Gerald Friedman, one of the principals in Canyon Medical, 600 North 13th Avenue, Upland. He requested that the definitions of emergency and non emergency services be written into the Code. John Lyons felt that any ambulance company operating in Rancho Cucamonga should provide paramedic services. Dennis Hansberger, Trans Medical, responded to some technical comments made by Dr. Friedman. He also emphasized the fact that they could meet the requirements of the ordinance. Councilwoman Wright asked Mr. Hansberger if his ambulances required a paramedic on every call. Mr. Hansberger responded '~o" because there would be transportation work done which does not require a paramedic. Councilwoman Wright expressed that there was nothing in the ordinance which would require a paramedic to respond to every emergency call in the City. She stated the ordinance only states that a paramedic needs to be available in the City on 24 hours, not that a paramedic will be on every emergency call. Section 4.1.17 states who is required to be on the ambulance --an EMT-1A shall be the driver and EMT-1A shall be the ambulance attendant. She felt the problem with the ordinance was that our intention was one thing, but the ordinance was stating something else. Councilman Buquet referred to Section 4.1.17 (a) which states that at least one attendant shall hold a certificate as an MIC paramedic issued by the Health Officer for ALS ambulance. This was just one section which refers to a paramedic. Councilwoman Wright asked if the one ambulance in the City was on an emergency call, what happened if there was another emergency call? Would this preclude every single emergency call from being answered by a paramedic? There is still the possibility that every single emergency call would not be answered by a paramedic, and the possibility that ambulances with red lights and sirens would be driving without a paramedic on board. City Council Minutes October 17, 1984 Page 14 Mr. Hansberger responded "yes" it could be, but it would not say paramedic on the outside. In a support situation, an ambulance might answer an emergency call without a paramedic; but in all paramedic situations, a paramedic will respond unless they were devoid of paramedics in the region. They have a number of paramedic stations in the region of Ontario, Upland, Fontana, and they have a standard rotational system when the City's unit has responded to a call, there is an automatic movement so that they are in the closest response mode for the City. No one else can offer this at the present time. Discussion followed regarding whether all ambulances would have paramedics on board when responding to emergency calls, and what actions are required to be approved for paramedic services. There being no further public response, the public hearing was closed. Councilman King stated that the ordinance does not require a paramedic on all types of calls that a paramedic is to be required on. Councilwoman Wright pointed out that in Section 4.1.17 if read in its entirety and not take just the last sentence in section (a) out of context, it makes it clear that not all paramedics need to be on board. To future companies this could apply that not all ambulances need to be ALS. In section (b) it states that each ambulance being operated in the city in response to an emergency call shall be staffed by a driver and attendant -- it does not state it needs to be an MIC paramedic. Council discussion followed. Councilman King expressed that he tiers of emergency type vehicles: and the gurney-type transport. would feel more comfortable having three the emergency, the Canyon-type transport, Mr. Dougherty responded that Section 4.1.13 does require an emergency MIC paramedic ambulance, but does not require that an MIC paramedic ambulance be used on all emergency calls. He suggested that if it is Council's intent that MIC paramedics be used on all emergency calls, this could be accomplished by amending Section 4.1.17 (b) by substituting the words, '~IC paramedic" for the word "attendant." Mayor MikeIs stated the paramedic service was the heart of the matter. This language change would resolve this issue. Councilman Dahl suggested that we move ahead with the ordinance and amend this section at the next meeting. Discussion followed whether to adopt the present ordinance and come back for amendments. Since Councilwoman Wright had stated she had 19 other concerns with the ordinance and the hour was late, Councilman King felt these concerns should be addressed. MOTION: Moved by King, seconded by Buquet to continue to November 7 for further Council discussion. Motion carried unanimously 5-0. ORDINANCE NO. 230 (second reading) (continued) AN ORDINANCE OF THE CITY OF RANCRO CUCAMONGA, CALIFORNIA, AMENDING THE RANCItO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES City Council Minutes October 17, 1984 Page 15 5B. FLOOD 'DAMAGE PROTECTION ORDINANCE - City Council to adopt amendment of Municipal Code Chapter 19.12, Flood Damage Protection, to implement the provision of the Federal Flood Insurance Program, An Ordinance is required to allow property owners in flood hazard zones to obtain insurance and to protect City's ability to receive disaster assistance. Staff report by Lauren Wasserman, City Manager. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Ordinance No. 240. ORDINANCE NO. 240 (urgency) AN ORDINANCE OF THE CITY OF PANCliO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOOD DAMAGE PREVENTION AND DECLARING THE URGENCY THEREOF MOTION: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance No. 240. Motion carried unanimously 5-0. MOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 240. Motion carried by the following vote: AYES: NOES: Wright, Buquet, Mikels, Dahl, King None (46) 6. CITY MANAGER'S STAFF REPORTS 6A. A REQUEST FROM SYCAMORE INVESTMENTS FOR TAX EXEMPT BOND FINANCING - Item (47) continued from October 3, 1984 meeting. Lauren Wasserman, City Manager, announced that the applicant had requested the item to be withdrawn. ACTION: Withdrawn by applicant. 6B. A REQUEST FROM TAC DEVELOPMENT TO DEVELOP A 168 UNIT SENIOR CITIZEN (48) APARTMENT PROJECT WITH CITY INCENTIVES. Staff report by Otto Kroutil, Associate Planner. Mr. Kroutil stated that TAC Development was requesting: 1. Change in land use designations from Medium Density Residential (4-14 du/ac) to High Density Residential (24-30 du/ac). 2. Approximately 201 density bonus to High Residential Designation (i.e. from maximum 30 du/ac to 35.4 du/ac). 3. Approval of SHOD which would allow parking at a ratio of one uncovered stall per unit (i.e. 119 less than permitted with conventional apartment projects; 688 vs. 287). 4. Reimbursement for Amethyst Avenue improvement costs which are approximately $10,000. 5. Waiver of City fees estimated at $135,950. 6. Issuance of a multiple family revenue bond to lower project financing COSTS. Mayor MikeIs opened the meeting for public comments. Addressing Council were: City Council Minutes October 17, 1984 Page 16 (49) (50) (51) Terry Christianson, applicant, urging Council to approve the request. Wilma Brenna, from the VIP Club, encouraged approval. Bruce Ann Hahn encouraged approval of project. Jane Grent encouraged approval of project. MOTION: Moved by Dahl, seconded by Buquet to move ahead with the conceptual plan and concurring with the location with the appropriate density for the appropriate rental rates; to begin final negotiations on the project to proceed with the concept similar to the Calmark project. Motion carried by the following vote: AYES: Buquet, Mikels, Dahl NOES: Wright, King 6C. PROPOSED TERRA VISTA DEVELOPMENT AGREEMENT BETWEEN THE CITY, CENTRAL SCHOOL DISTRICT, AND LEWIS HOMES ACTION: Council continued item to November 7, 1984. 6D. ADVISORY COMNISSION'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). ACTION: Council continued item to November 7, 1984. 7. COUNCIL BUSINESS 7A. MATTER OF EXPIRED ADVISORY COMMISSION TEEMS. ACTION: Council continued item to November 7, 1984. (52) 7B. DESIGN REVIEW SUBCOMMITTEE APPOINTMENT CONSIDERATION. (53) ACTION: Council continued item to November 7, 1984. 7C. CONSIDERATION OF IMPLEMENTING A CANINE PROGRAM FOR THE LAW ENFORCEMENT CONTRACT. Report presented by Councilman Buquet, who requested the item on the Agenda for consideration. MOTION: Moved by Dahl, seconded by Buquet to approve the City entering into contract with the Sheriff's Department for the implementation of a canine program with funds coming from the Sheriff's Department overtime account in an amount not to exceed $7,000. Motion carried unanimously 5-0. City Council Minutes October 17, 1984 Page 17 8. ADJOUR/eiENT MOTION: Moved by Dahl, seconded by Buquet to adjourn to October 24, 1984 at 6:00 p.m., City Hall Administration Conference Room, for a Closed Session regarding Personnel Study. Motion carried unanimously 5-0. Neeting adjourned at 2:15 a.m. Respectfully submitted, Beverly A. Autbelet City Clerk