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HomeMy WebLinkAbout1983/11/16 - Minutes November 16, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Ragular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, November 16, 1983. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, and Mayor Jon D. Mikels. Also present: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Absent: Councilman James C. Frost who had taken his wife to the hospital. Approval of Minutes: None were submitted for approval. 2. ANNOUNCEMENTS A. Thursday, November 17, 1983, 7:00 p.m. - PARK ADVISORY COMMITTEE MEETING, Lions Park Community Center. B. Because of the holiday, the Planning Commission will not have a quorum at their next meeting; therefore, the meeting will be cancelled. C. Thursday, December 1st, 1983, 7:30 p.m. - ADVISORY COMMISSION MEETING, Lions Park Community Center. D. Mayor Mikels announced that Beverly Authelet, Deputy City Clerk, has earned her CMC and and is now a certified municipal clerk. E. Mayor Pro Tem, Mr. Buquet, made a presentation of a proclamation to Lloyd Hubbs, City Engineer, for his time on Measure W. F. Mr. Wasserman requested Consent Calendar, item "t", be removed. G. Mr. Dahl requested Consent Calendar, item "o", be removed for discussion. 3. CONSENT CALENDAR 3A. Approval of Warrants, Register No. 83-11-16 and Payroll ending 10-30-83 in the total amount of $524,621.58. 3B. Approval of Assessment District 82-1 and Assessment District 82-2 Warrants for October for $253,473.16 and $6,210.00. City Council Minutes November [6, 1983 Page 2 (~) (3) (4) (s) (6) (7) (8) (9) 3C. Forward Claim No. CL 83-47 against the City by S. Kennedy to the City Attorney and Insurance Carrier for handling. 3D. Forward Claim No. CL 83-48 against the City by Ray Royster and Ray Royster, Jr. to the City Attorney and Insurance Carrier for handling. 3E. Alcoholic Beverage Application No. AB 83-21 for On-Sale Beer & Wine Eating Place License, Mimi's Dell, Marlen and William Kellas, 9799 Base Line Road, Suite A. 3F. Alcoholic Beverage Application No. AB 83-22 for On-Sale Beer & Wine Eating Place License for the Sassy Steer, Cheryl and Edward Dobrzynski, 9030 Vineyard Avenue. 3G. Approval to accept Bonds and Agreement for a portion of Tract 9351 submitted by Lewis Development Co., located on the west side of Sapphire between 19th and Banyan. RESOLUTION NO. 83-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR A PORTION OF TRACT 9351 3H. Approval of Improvement Agreement and Security for 9833 Highland Avenue submitted by Joe and ~ria Dies. RESOLUTION NO. 83-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R~CHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 9833 HIGHLAND AVENUE 3I. Approval of a Cooperative Agreement No. AG 83-68 with the Department of Transportation (CalTrans) for the design and construction of a traffic signal at 19th Street and Archibald Avenue. This project is on the City's 1983-84 Capital Improvement Program. RESOLUTION NO. 83-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA_NCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A COOPEraTIVE AGREEMENT WITH THE STATE OF CALIFORNIA 3J. Approval of Improvement Extension Agreement and Improvement Security for Tracts 11663 and 12019 - Marlborough Development Corporation - located on the east side of Archibald, south of Church. RESOLUTION NO. 83-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACTS 11663 AND 12019 3K. Approval of Intent to Vacate the East/West Alley located between 8th Street and Acacia Street, East of Cottage Avenue. RESOLUTION NO. 83-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE EAST/WEST ALLEY LOCATED BETWEEN 8TH STREET, EAST OF COTTAGE AVENUE City Council Minutes November 16, 1983 Page 3 3L. Approval of Agreement No. AG 83-69 for design services for a traffic signal at Carnelian Street and Lemon Avenue. This project appears on the Clty's 1983-84 budget for capital improvements. (Lawrence S. Eisenhart, Consulting Engineer) 3M. Approval of Final Tract ,Map No. 12305, a two lot condominium development on the north side of 19th Street and the east s~de of Hellman Avenue, and acceptance of bonds and agreement for construction of a portion of 19th Street and Hellman Avenue submitted by Charles Roy Construction, Inc. RESOLUTION NO. 83-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12305 3N. Approval to solicit bids for City-wide Concrete Repair Annual Maintenance Contract. 30. Approval of Map Amendment for Final Tract Map No. 11350 submitted by Lowy Development Corporation (formerly Lasny) located at the northwest corner of Hermosa Avenue and Base Line Road. (Item removed for discussion) RESOLUTION NO. 83-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDING MAP OF FINAL MAP OF TRACT NO. 11350 3P. Approval of release of a portion of Letter of Credit for 4th Street Storm Drain - located on the north side of 4th Street 2300' west of Etiwanda Avenue. The bank will continue to hold $176,000 for six months as guarantee of labor and materials. Developer: Etiwanda Investment Company (Pic-N-Save) Release of Letter of Credit 3Q. Approval to accept a Real Property for CUP 81-03 for construction of a Archibald Avenue (Miller's Outpost). $352,000.00 Improvement Contract and Lien Agreement median island on Foothill Boulevard and RESOLUTION NO. 83-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DAVID AND DENYSE MILLER FOR CUP 81-03 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME 3R. Approval to begin employee development and training program with Ross-Lewis & Associates. Cost of the program is $7,000; amount is budgeted. 3S. Set public hearing of December 7, 1983: Appeal of Planning Commission decision denying General Plan Amendment 83-04B and Zone Change 83-04B - Sycamore Investments. A request to amend the General Plan Land Use Plan from Office to Neighborhood Commercial and a zone change from A-P (Administrative Professional) to C-1 (Neighborhood Commercial) on 5.44 acres of land located at the northeast corner of Archibald and Base Line - APN 202-181-27. 3T. Set public hearing of December 7, 1983. Amendment to Final Map 11350 - Lowy. The applicant is requesting approval for architectural, site plan and amendments to the lot lines for the previously approved Tract 11350, 114 townhomes located on 10 acres of land on the northwest corner of Base Line and Hermosa - APN 202-182-13. (Item removed; it was a duplication.) (~o) (ii) (i2) (i3) (i4) (is) (i6) City Council blinutes November 16, 1983 Page 4 (17 3U. Set public hearing of December 7, 1983: Environmental Assessment and Planned Development 83-04 (Tentative Tract 12386) - TAC. A change of zone from A-1 (Limited Agriculture) to R-3/PD (Multiple Family Residential/Planned Development) and the development of 54 townhomes on 4.3 acres of land generally located west of Vineyard, north of Arrow - APN 207-211-16. 3V. Set public hearing of December 7, 1983: Proposed Development Agreement - PD 83-01 Calmark. Approval of the developer agreement for the Heritage Park senior citizen apartment units located northwest of Base Line Road and Archibald Avenue, south of the Southern Pacific railroad tracks. 3W. Approval of Resolution to set public hearing for the intent to change street names of Pepper Court to Pepper Street to Culpepper Street. of December 21, 1983: Culpepper Court and RESOLUTION NO. 83-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO CHANGE THE NAME OF PEPPER COURT TO CULPEPPER COURT AND PEPPER STREET TO CULPEPPER STREET MOTION: Moved by Buquet, seconded by Schlosser to approve the balance of the Consent Calendar with items "0" and "T" removed. Motion carried 4-0-1 (Frost absent). Discussion of Item O: Approval of Map Amendment for Final Tract Map No. 11350 submitted by Lowy Development Corporation (formerly Lesny) located at the northwest corner of Hermosa Avenue and Base Line Road. Mr. DahI asked what the end product would be used for; would it be rental or condominium. Mr. Gomez stated that it was a townhouse where units will be for sale. Mr. Dahl stated he had no problem with this then. MOTION: Moved by Dahl, seconded by Buquet to approve Consent Calendar Item O. Motion carried 4-0-1 (Frost absent). Mr. Buquet stated that in the future we should make a policy that would not be allowed to open until all the accesses are completed . many problems with the Miller's Center by opening early. a company There were Mr. Wasserman stated that another problem was that the open trenches were creating a problem for the children going to and from Central School. Therefore, a temporary crossing guard had to be hired to help the children around these. Mr. Dahl asked if there would be a left hand turn in the median island. Mr. Lam responded the median island has not yet been designed. City Council Minutes November 16, 1983 Page 5 4. ADVERTISED PUBLIC HEARINGS 4A. NEW DEVELOPMENT CODE AND DISTRICT MAP. Review and consideration of the proposed Development Code and and Maps to replace the current Interim Zoning Ordinance. Staff report by Rick Gomez, City Planner. Mr. Gomez stated the there was still one issue left over from the last meeting, which dealt with a piece of property at 6th and Hellman owned by Mr. & Mrs. Groomero He had concerns regarding the change made by the Planning Commission to the respective land use designations density. Mayor Mikeis opened the meeting for public hearing. Addressing Council were: Meg & Jess Groomer, owners of property at 6th and Hellman. Mr. Groomer stated that the tax benefits to the city would be considerable if they developed this property as stated in their letter. Garry Brown, Building Industry Association, stated that they are in support overall to the Development Code. He felt that once the "bugs" were worked out, it could become a model for other communities. One concern, however, was the section relating to "Foothill Areas". They felt the areas in the foothills should be more flexible with a 10% plus or minus variation. Claud Elana, for Regina Builders, Inc. of Upland, addressed the 6th and Hellman rezoning issue. There are also two other property owners present with similiar desires as Mr. & Mrs. Groomer. This evening he is representing Mr. Poratti, a land owner in the middle site. He wanted to see medium density restored to the area. Larry DiCorona, owner of property at 6th and Hellman, wanted to develop their property into a duplex, triplex, and quadplex development. Larry Williams, 6th and Hellman, owner of the most northerly parcel. He stated he had received no notice of the public meeting. One of the neighbors notified him of this meeting tonight. They also were going to build duplex, triplex, and quadplexes. They bought the property with the idea that it was zoned 12-14 units per acre, and he desired to see the density restored to medium density. There being no further response from the public, Mayor ~Likels closed the public hearing. 6TH AND HELLMAN AREA ISSUE; ACTION: Consensus by Council to retain the low-medium designation. When a plan does come in, Council can reconsider at that time. TEN PERCENT REDUCTION IN THE VL DISTRICTS ACTION: Consensus of Council to leave as is. Mr. Buquet had a special concern near the western edge of the Industrial Specific Plan at 9th and Baker. He stated that presently in this area there will be a conflict. A similiar area is the 6th and Archibald which backs up to an industrial area. He was concerned someone might come in and purchase the whole corner and develop an R-3 type project. If it were an Industrial Park designation then that type of use occurring would be greatly reduced. He was concerned that the southeast corner might become a residential island. City CouncL[ Minutes November 16, 1983 Page 6 Mr. Gomez stated that if this is Council's wish, then staff would conduct an amendment to the Industrial Specific Plan in conjunction with a General Plan's change. ACTION: Council directed to continue with Ordinance 211, with 2nd reading for the meeting; for staff to bring forth an Industrial Specific Plan and General Plan amendements for consideration at the first meeting in January. Mr. Dahl stated he wanted to put detached housing, with a minimum of Development Code. a minimum square footage on single family 900 square feet to become a part of the Mayor MikeIs opened the meeting for public hearing to discuss the minimum size of 900 square feet for single family detached houses. There being no response, the public hearing was closed. ACTION: By consensus of Council, it was added a minimum size of 900 square feet for single family detached housing to the Development Code. City Clerk, Lauren M. Wasserman, read the title of Ordinance No. 211 for a new first reading. ORDINANCE NO. 211 (new first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TITLE 17, DEVELOPMENT CODE OF THE RANCHO CUCAMONGA MUNICIPAL CODE, INCLUDING ADOPTION OF A DEVELOPMENT DISTRICT MAP, REPEALING THE INTERIM ZONING ORDINANCE, AND REPEALING TITLE 17 AND CERTAIN SECTIONS OF THE RANCHO CUCAMONGA MUNICIPAL CODE. MOTION: Moved by Dahl, seconded by Buquet to waive the full reading of Ordinance No. 211. Motion carried 4-0-1 (Frost absent). Mayor Mikels set the second reading of Ordinance No. 211 for December 7th. , , · · · (~9) 4B. ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 15 FOR TRACTS 12237, 12237-1, AND 12237-2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. Staff report by Lloyd Hubbs, City Engineer. City Clerk, Lauren M. Wasserman, read the title of Resolution No. 83-196. RESOLUTION NO. 83-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 15 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NO'S. 12237, 12237-1 AND 12237-2. Mayor MikeIs opened the meeting for public hearing. There being no public response, Mayor MikeIs closed the public hearing. MOTION: Moved by Schlosser, seconded by Buquet to approve Resolution No. 83-196 and to waive full reading. Motion carried 4-0-1 (Frost absent). City Council Minutes November 16, 1983 Page 7 Mayor Mikels called a recess at 8:30 p.m. The meeting reconvened at 8:50 p.m. with all Council members but Mr. Frost present. 4C. APPEAL OF PLANNING COMMISSION MODIFICATION OF OPERATIONS FOR CONDITIONAL USE PERMIT 78-03 BOAR'S HEAD. An appeal for the review of potential operational modifications to the conditions of approval which are intended,to resolve complaints and disturbances created by this establishment. The business is located within the Rancho Plaza located on the northwest corner of Carnelian and 19th Street. Staff report by Rick Gomez, City Planner. Mr. Wasserman stated that the City Clerk had recieved a complete list of petitions. The ones Council now has is only a partial list. Council will be given the complete set in the near future. Mayor Mikeis opened the meeting for public hearing. Addressing Council were: Fran G. Brooki.~s, Attorney, 399 W. Mission, representing the appellant. He addressed the issues which are hours of operation, noise pollution, compatibility with the area, and eating establishment. Larry Arcinage, owner of the Boars Head, spoke specifically to the things he had accomplished to reduce problems. Gene Collins, 7995 Orchard Street, General Contractor, had installed the new sound proof door and sound board around the back door. He wanted Council to be aware that these precautions had been completed. Mayor Mikeis asked for comments from those who were opposed to the appeal. Addressing Council were: Douglas Moore, 8339 Garden Street. Robert Lenco, 5931 Buckthorn. Maria Fajardo, 8600 Hawthorn. Bill Ungles, 6375 Sapphire Street. Stella Headley, 6474 Jasper. Steve Wright, 8271 Whirlaway Court. Melvin Futrell, 6623 Topaz Street. There being no further comments from the public, Mayor Mikels closed the public hearing. Mr. Dahl asked Lt. Futcher to report on the number of calls since 1982 to the Sheriff's Department, and what the concerns were. Lt. Furchef stated that they had not received any calls since October, 1982. There were only two calls from the Boar's Head. One was a fight inside the Boar's Head and the second was a disturbance in the parking lot. Discussion followed by Council regarding the four concerns. (20) City Council Minutes November 16, 1983 Page 8 (2~) MOTION: Moved by Schlosser, seconded by Dahl to uphold the Planning Commis'sion's decision with the exception that the hours of operation be left from 11:00 a.m. to 2:00 a.m. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser NOES: Mikels ABSENT: Frost Mayor Mikels called a recess at 10:00 p.m. The meeting reconvened at 10:15 p.m. with all Councilmembers but Councilman Frost present. 4D. APPEAL OF PLANNING COMMISSION DECISION DENYING GENERAL PLAN AMENDMENT 83-04A AND ZONE CHANGE 83-04A - CARNELIAN INVESTMENTS. A request to amend the General Plan Land Use Plan from Low Residential (2-4 du/ac) to Medium Residential (4-14 du/ac) and a change of zone from R-1-8500 to R-3/PD (Multiple Family Residential) on approximately 7 acres of land located on the south side of Highland, between Jasper and Carnelian - APN 201-214-08. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Dave Headley, 6474 Jasper. Charles Sanders, 6453 Jasper. Bob Abalone, 5486 Jasper. Stella Headley, 6474 Jasper. Marjorie Day, Attorney, representing the largest landowner of 46 lots. Doug Moore, 8339 Garden Street. Bill Ungles, 6375 Sapphire. Bob Martin, 8263 Alta Loma Drive. Dennis Martin, 8313 Orange Street. Dick Nelson, 6320 Holley Oak Drive. ~tike Pinnalto, 6606 Holley Oak Drive. There being no further response from the public, Mayor Mikels closed the public hearing. Mayor Mikeis stated that the developer, Doug Gorgen, had sent in a request to continue the item to the first meeting in February. MOTION: Moved by Dahl, seconded by Buquet to continue item to the February 1st meeting of City Council. Mayor Mikels opened the meeting, again, for public hearing. Addressing Council were: Dave Nelson asked if a decision would be made at the February meeting or would this be continued again. City Council Minutes November 16, 1983 Page 9 Mayor MikeIs stated that at the February 1st meeting we would have an option to deny or uphold the appeal. However, we hope to have received all the materials necessary to make a decision at that time. Addressing Council were: Bill Ungles, 6375 Sapphire Street. Marjorie Day, Attorney. Kenneth Hull, 8511 Orange. Mario Melendez, 8275 Alta Loma Drive. George Kirkendall, 6441 Jasper Street. MOTION: Previously made by Dahl, seconded by Buquet to continue item to February 1st meeting. Motion carried 4-0-1 (Frost absent). Council directed staff to place the item at the first of the agenda. Mayor Mikels called a recess at 10:55 p.m. The meeting reconvened at 11:05 p.m. All Councilmembers, but Mr. Frost were present. 5. NON-ADVERTISED PUBLIC REARING 5A. CONSIDERATION OF AMENDMENT TO CHAPTER 1.04 OF THE HANCHO CUCAMONGA (22) MUNICIPAL CODE IN ORDER TO REDEFINE CERTAIN WORDS. Staff report presented by City Attorney, Robert Dougherty. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk, Lauren M. Wasserman, read the title of Ordinance No. 212. ORDINANCE NO. 212 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 1.04 OF THE IIANCHO CUCAMONGA MUNICIPAL CODE BY AMENDING SECTION 1.04.010 (G) TO REDEFINE THE WORDS "MUST" AND "SHALL" AND BY ADDING SECTION 1.04.100 TO PROVIDE THAT NO CODE, ORDINANCE, RESOLUTION OR ADMINISTRATIVE REGULATION SHALL CREATE OR IMPOSE A MANDATORY DUTY FOR OR UPON THE CITY OF RANCHO CUCAMONGA OR ANY OFFICER OR EMPLOYEE TREREOF ACTING WITHIN THE SCOPE OF SUCH OFFICE OR EMPLOYMENT. MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 212. Motion carried 4-0-1 (Frost absent). Mayor Mikels set second reading of Ordinance No. 212 for December 7th. 6. CITY MANAGER'S REPORTS 6A. REQUEST FROM SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPORT RELICENSING OF HYDROELECTRIC PROJECTS. (23) City Council Minutes November 16, 1983 Page 10 Randy Bond, General Manager of Edison Company, was present and made a report to Council. MOTION: Moved by Buquet, seconded by Dahl to approve Resolution No. 83-197 and waive full reading. Motion carried 4-0-1 (Frost absent). City Clerk, Lauren M. Wasserman, read the title of Resolution No. 83-197. RESOLUTION NO. 83-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY. (24) 6B. CONSIDERATION OF CATV CONSULTANT. Oral report presented by Lauren Wasserman, City Manager. Mr. Wasserman stated that they were requesting Council approve the decision of the Subcommittee subject to ratification of the contract at the December 7th meeting. Mr. Wasserman introduced Michael Friedman, of Telecommunication Management Corporation. ACTION: Council concurred. · , , , · (25) 7. CITY ATTORNEY'S REPORTS 7A. COUNCIL CONSIDERATION OF AN AMBULANCE ORDINANCE. Dougherty, City Attorney. Staff report by Robert ACTION: Consensus of Council was to look at an ordinance at the second meeting in January. No items were submitted. 8. COUNCIL BUSINESS 9. ADJOURNMENT MOTION: Moved by Schlosser, seconded by Buquet to adjourn to a Closed Session. Motion carried 4-0-1 (Frost absent). Meeting adjourned at 11:30 p.m., not to reconvene this evening. Respectfully submitted, Beverly Authelet Deputy City Clerk