HomeMy WebLinkAbout1983/11/02 - MinutesNovember 2, 1983
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A regular meeting of the City Council met in the Lions Park Community Center,
9161 Base Line Road on Wednesday, November 2, 1983. The meetin~ was called to
order at 7:30 p.m. by Mayor Jon D. Mikels.
Present were Councilmen: Richard M. DeLl, Charles J. Buquet II, Phillip D.
Schlosser, James C. Frost, and Mayor Jon D. Mikels.
Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert
Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd
Hubbs; Community Services Director, Bill Holley; and Finance Director, Harry
Empey.
Approval of Minutes: October 17, 1983 and October 19, 1983. Mayor Mikels
requested that the minutes of October 19 be chan~ed as follows: On page 8 --
eighth paragraph, third line, strike the word, "illegal"; and on page 11,
second line, delete the sentence, "We can continue that policy or withdraw it
by creating a new ordinance which rescinds that policy." MOTION: Moved by
Schlosser, seconded by Dahl to approve the minutes as amended. Motion carried
unanimously 5-0.
2. JE
a. Thursday, November 3, 1983 - HISTORICAL CO~ISSION - Lions Park Community
Center.
b. Saturday, November 12, 1983 - FOUNDERS DAY PARADE.
A presentation was made by Allen Kopperuel and Lessie Auletti of the Alta
Loma Riding Club of a donation of $2,000 to the City's Heritage Park
Development Fund.
Ce
A presentation of Proclamation was made to David Kiedrowski and Jim Kibby
commending the Rancho Cucamon~a Chamber of Commerce for the 1983 Wine
Festival.
d. Mayor Mikels read a Proclamation declaring Storm Awareness in Rancho
Cucamonga.
e. Councilman Buquet presented an update on the Flood Control Measure "W".
3., ' (X318~ GA~AB
a. Approval of Warrants, Register No. 83-11-2, and Payroll ending 10-16-82 in
the total amount of $162,O86.14.
be
Forward Claim (CL83-~3) against the City by Philip Jacobs to the City
Attorney and Insurance Carrier for handling on Archibald, near Arrow;
Auto.
Ce
Forward Claim (CL83-4~) against the City by Eaten Iskades to the City
Attorney and Insurance Carrier for handling on Archibald, north of
Foothill; Auto.
d. Forward Claim (CL83-45) against the City by Econolite Corporation to the
City Attorney and Insurance Carrier for handling on Etiwanda & 4th Street
e. Forward Claim (CL83-46) against the City by Steven Dale Brockman to the
City Attorney and Insurance Carrier for handling.
(I)
(2)
(3)
(4)
"TT
City Council Minutes
November 2, 1983
Page 2
(~)
(6)
(7)
(8)
(9)
(~o)
f. Approval of a Resolution adopting ~n-ual spending limitations.
RESOLUTION NO. 83-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS
LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA
CONSTITUTION.
g. Approval of Sapphire Street sidewalk improvements project (06-25-71) and
authorize the City Engineer to file a Notice of Completion, and to release
bonds.
Release Performance Surety $30,902.29
Release Retention $ 3,147.31
RESOLUTION NO. 83-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR SAPPHIRE STREET SIDEWALK IMPROVEMENTS (06-25-71) AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK.
Approval of amended map of final map TR 12090 submitted by USA Properties
located on the northeast corner of Archibald and Feron Boulevard.
RESOLUTION NO. 83-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AMENDED MAP OF FINAL MAP
OF TRACT 12090.
i. Approval of amenHments to the Salary Resolution No. 83-182.
RESOLUTION NO. 83-182A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AMENDMENTS TO THE SALARY
RESOLUTION NO. 83-182.
J. Approval of modification of the City Manager's life insurance policy as
provided in Employee Agreement.
M~riON: Moved by Schlosser, seconded by Buquet to approve the Consent
Calendar as presented. Motion carried unanimously 5-0.
4A. COMIDERATION OF SM POOL FENCE HEIghT REVISION. Staff report by
Jerry Grant.
City Clerk Wasserman read the title of Ordinance No. 122-A.
ORDINANCE NO. 122-A (second reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING THE MINIMUM HEIGHT FOR SWIbMING POOL FENCING.
MOTYOM: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance
~2-A. Motion carried unanimously 5-0.
Mayor Mikels opened the meeting for public hearing on Ordinance No. 122-A.
There being no response, the public hearing was closed.
City Council Minutes
November 2, 1983
Page 3
~FflO~s Moved by Schlosser, seconded by Dahl to approve Ordinance No.
1T-A. Motion carried by the following vote:
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
4B. ~VIBO~!EMTAL FINDIBIS AMD SITE PLAN REVIEW FOR HERITAGE PARK Heritage
Park, a forty acre public park site located at the southwest corner of
Hillside and Beryl, will be reviewed for environmental determination and site
plan design. Mr. Holley recommended that Council adopt the site plan as
presented and deterchine that there was no negative impact. Staff report by
Bill Holley, Community Services Director.
Mayor Mikels opened the meeting for public hearing. There being no response,
the public hearing was closed.
MOTIONs Moved by Schlosser, seconded by Frost to approve the Heritage Park
site plan and issue a negative declaration. Motion carried by the following
vote:
AYES: Dahl, Buquet, Schlosser, Frost, Mikels
NOES: None
ABSENT: None
4C. NEN D~¥~OPMENT CODE AND DLTrBICT MaP. Review and consideration of the
proposed Development Code and Map to replace the current Interim Zoning
Ordinance. The Planning Commission has reviewed and conducted public hearings
on the proposal over the last three months and is recommending approval of the
amended draft. Staff report by Rick Gomez, City Planner.
~. Gomez presented the items which Council needed to accomplish which were:
q. Adopt Resolution authorizing City Clerk to move ahead with the legal
publication
2. Conduct first reading of Ordinance
~-. Vairin, Senior Planner, s,,mmm-ized the Planning Commission recommendations
as found on page 50 of the A6enda Packet.
Council proceeded in reviewing each Section at a time as follows:
Chaplet 1. - Administ~mtion~
Page 2 -- Mr. Frost su~ested that staff be directed to come back with an
addition providing for revision for the Old Town Alta Loma and Route 30
overlay district.
ACTION: Concensus of Council to bring item hack at a future date.
Page q0 - Section q7.02.080 Appeals. Mr. Frost suggested that appropriate
language ha written for right of appeals by city council of action taken by
Planning CommiSsion.
Mr. Don:hefty, City Attorney, stated the Council does have that right to
appeal. It would not be a bad idea to provide for it on this section. He
suggested the following language: "Appeal nmy be made by an aggrieved party
or a member of the City Council."
Discussion followed as to whether aggrieved party was too strong, or whether
it should be any interested party.
Mr. Don:hefty stated any interested person would be all inclusive which would
include the City Council.
ACTION: Concensus of Council to Ch~nSe the language: Appeals of any actions
of the City Planner or Planning Commission may be made by any interested
person.
(~)
(~2)
City Council Minutes
November Z, 1983
Page 4
Page 23 --Antenna: Mr. Frost stated that since we will be looking into laser,
microwaves, etc. and Just not electromagnetic, he felt mention of radio or
television electromagnetic signals should be deleted.
Action: Concensus of Council to change to: "Any system of wires,poles, rods,
towers, whips, reflecting discs, or similar devices used for tansmission or
reception of signals."
Page 50 -- Revisions/Modifications -- Mr. Frost stated there is no ability of
the City Council to revise, modify, or review a CUP. Mr. Vairin stated that
the Planning Commission is the body that reviews and approves CUPs. The City
Council can use the appeal authority if Council wishes. Mr. Gomez stated the
Planning Commission is the approving body to review CUPs with the decision
being appealable to the City Council.
ACT'EON: No action taken.
Chapter 17.0~ -- P~mits (Page
ACTION: No action taken.
Page 160 -- Public Safety. Mr. Frost stated he did not understand why some of
this was stricken, but felt item "i" should remain.
Mr. Vairin stated the Fire District had these in their Codes. It was the
feeling that if the Fire District changed their codes, then we would have to
also modify the ordinance. Therefore, these were not included in the
ordinance.
Chapter 17.O6 -- [and Development Review (pages 62-73).
Action: No action was taken.
Cqmapter 17.08 -- Residential Erlstricts (pages 74-106).
Page 84, Basic Development Standards Table, Mr. Dahl suggested that the
requirements for set backs should be addressed on the Chart even though it is
addressed elsewhere in the plan. This would be simply for clarification since
the Chart would probably be used considerably. Mr. Vairin stated this would
not be a problem and staff could accommodate this request.
Page 85, Optional Development Standards Chart, Mr. Dahl suggested that the VL
be stricken from the optional standards per the staff recommendation.
ACTION: Concensus of Council to approve the suggestions.
Chapter 17.10 - Ccsarcial/Offioe Districts. (pages 107-126).
Page 115, Special Use Regulations - Adult Businesses, Mr. Dahl the word, "my"
should be changed to "shall" in order to make this legal and conforming to
court ruling.
City Council Minutes
November 2, 1983
Page 5
Mr. Dou~herty stated that there has been some recent court rulings in other
city ordinances that were unenforceable when the word, "may" was used. In the
cases of first amendment activities, then plannin~ commissions and city
councils may not be given the discretion to deny a permit even if the local
criteria is met. In effect, if you had a location criteria met accordin~ to
these court rulings, then a permit must be issued. The penalty for not making
the change is to have an unenforcable ordina-ce and we would not have an
effective way to regulate location of such businesses.
aCTION: Concensus by Council to change the words "may" to "shall."
Chapter 17.12--Pa.rid-~ Be(ulattoea. (pages 127-1~1).
Mayor Mikels asked where were the minor deviations located under the parking
re~ulations in terms of reductions from standard? Mr. Gomez stated that this
was under Section 17.04.050, Minor Exceptions, (d and e), page
Mayor Mikeis stated that 25% seemed more than a minor exception for parking.
Mr. Gomez stated that this allows up to a maximum of 25~. Each individual
case would have to be reviewed on its own merit to determine if it Justified a
reduction of 25%.
Mayor Mikeis asked if Council felt comfortable with a reduction in parklng up
to 25%? There was no response.
AO'tION~ No action taken.
Chapter 17.1q -- SpelLfie PI--- and planned Co,unities Districts.
142-150"~..'
Aottoo: No action taken.
(pages
~bapter 17.16 -- Ope~ Space D~stricts (pages 151-155).
motice: No action taken by Council.
Chapter 17.18 -- Nillslde Restdemtial District (pages 156-163).
Actice: No action taken by Council.
Chapter 17.20 -- Overlay mtr~ots (pages 164-171).
Mr. Frost had previously discussed Old Town Alta Loma and Route 30 Overlay
Districts.
Mayor Mikels asked why the Mobilehome Park Overlay District was eli~tinated.
Mr. Vairin stated that this year the State legislature adopted new legislation
that preempted the City's control over a mobilehome park and the kind of
standards which are usually put into a document of this nature. We are now
limited to a very small area of regulation which is now contained under the
Residential Chapter 4 so there was not need to have an overlay district.
Page 98 -- Fa-. Frost suggested the Fences, walls, hedges, etc. should be
changed to a height not to exceed B feet in any front yard because the small
vehicles could not see over a 4 foot wall.
"T"r 'T'IT
City Council Minutes
November 2, 1983
Page 6
Concensus of Council to chan~e to 3 feet.
ilale
Mayor Mikels called a recess at 8:55 p.m. The meeting reconvened at 9:20 p.m.
with all members of Council and staff present.
eelle
D~e4,OP~T DI3TBICTMAP
lotion: No action taken.
Mayor Mikels opened the meeting for public hearing to those wishing to address
the Development Code or the Development District Map. Addressing Council
Wara:
Claud Elana of Elana Development and ENA Enterprises, and Regina Builders,
stated they are concerned with Section D on the Map. They are currently
in negotiations with the entire section with the property owners. Because
of the astronomical cost to develop that site, the low density designation
of 2-4 is not feasible. They are currently negotiating for a project with
a density of 10-14 units per acre. They would urge consideration of
medium density for this site.
Mr. Elana stated they are looking at a condominium-type project. It is
too early in the preliminary stages to sit down with staff and see what
the confi~lrations would be; but because of the economics involved with
the site, it would be higher than 4 dwelling units per acre.
Mr. Vairin stated the Planning Commtssion's recommendation for the LM would be
4-8; M would be 8-14. The Planning Commission had reviewed this one specific
area and not only recommended that this be maintained at the LM designation
(4-8), but also directed staff to study this for the next General Plan
Amendment cycle for consideration of putting this into the low density
designation.
Mr. Frost stated this is clearly shown as 4-14. He had no objection to the
recommendation from the Planning Commission at 4-8.
Mr. Elana statad thay are definitaly leaning to the 12-14 units per
acra. A proJact of 4-8 would simply be economically unfeasible. He askad
for a continuance.
Mayor Mikels stated there would be at least two weeks before the second
reading. This would give him at least two weeks.
Mrs. Groomer, owner of property, asked for a clarification as to whether
either the low or medium densities would be in conflict with the General
Plano
Mr. Vairin stated the General Plan does designate the property in the 4-14
range. Whether it is desiamated 4-8 or 8-14, it would be found to be
consistent with the General Plan which is required by State Law.
&ction: Council concurred to leave designation as 4-8 in order to give the
app~ant time to come forth with additional data.
(Mayor Mikels abstained from participation in the next proceedings and turned
the meeting over to Charles Buquet, Mayor pro tem. Mr. Mlkels left the
Council table).
City Council Minutes
November 2, 1983
Page ?
Alvin Musser. Mr. Musser expressed concern about the down ~rading of his
property at the southeast corner of Baker and Arrow Highway. He requested
that the medium desl~nation be maintained.
Mr. Vairin stated that the Planning Commission had looked at the entire area
and not Just the area where Mr. Musser's property was located. Within this
area there was another development under construction with less than 8
dwelling units per acre. The Plannin~ Commission was not trying to degrade
zoning. The General Plan is not being changed, but they were simply applying
the lower half of the medium density range as a transition for the single
family dwellings already there.
M/~. Buquet expressed that he has been concerned about the ranges such as 4-14
or 14-24 units per acre. The ranges are very broad and makes it difficult for
both the property owner and developer.
Mr. Vairin stated that since there is another project already under
construction, it would be Council's decision to change this.
Mr. Dahl stated that he did not feel this was a transition since this was
surrounded with medium density and industrial. He had no problem retaining
the medium density.
Mr. Schlosser stated that there was good road access and was close to the
industrial area. Hopefully, most of the people livln~ there would be workin~
in the industrial area.
action: Concensus to desi~nate the area as Medium, 8-14 dwelling units per
acre.
ellle
Mayor Mikels returned to the Council table and resumed thairing the meeting.
lelll
There being no further response from the public, Mayor Mikels
public hearing.
City Clerk Wasserman read the title of Ordinance No. 211.
ORDINANCE NO. 211 (first reading)
closed the
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 M~NICIPAL CODE.
Mr. Buquet stated he had a concern when he went through the use regulations
for commercial and office district (there are a great number of them that are
possible under conditional use permits). We have seen cases in the City where
people with conditional use permits with uses that may not be compatible with
the surrounding areas going out and investing a considerable amount of money
into their type of use and then finding, because of a citizen complaint,
themselves in a financial conflict. He felt that perhaps we were too liberal
by allowing too much leeway in commercial centers or having too many none
conforming uses in commercial centers.
He further stated that in particular we have encountered a situation at
Foothill and Haven for a use of a large type of retail stores. Not as full
scale as a regional center, but similar in concept and purpose. He asked if
that kind of coverage was in the Development Code to allow this type of use
without a supermarket.
"'TT 'T~T '
City Council Minutes
November 2, 1983
Page 8
Mr. Gomez stated that the particular case at Foothill and Haven was covered
under the Planned Communities and those regulations would take precedence over
this since it was a specific plan.
Mr. Vairin stated the designations in this chapter that deal with commercial
are designations which are intended to implement the General Plan. The
General Plan does designate those commercial areas in specific locations.
Mr. Dahl asked what if you wanted to preclude certain uses from a certain
shopping center.
Mr. Vairin stated for an example lets take a corner that is zoned NC
(neighborhood commercial), the General Plan is that way and it is all
consistent. If someone wants to develop a shopping center in there-- anything
listed under the NC category as a permitted use will be allowed in there
subject to any other building requirements. If its a conditional use, then it
has to go through the conditional use process.
Mayor Mtkels stated he was aware there has been an application for a
commercial facility which will be coming up. He felt these questions relate
directly to that. This may be a focal point for that discussion. Unless we
are talking about altering permitted uses or condition use per~ts, we would
have to get specific.
Mr. Buquet stated he did not want to get specific. His concern was that he
did not want to see intersections where we have shopping centers on each
corner that consist of a grocery store with the standard stereo type concept
for that type of use.
Ma-. Gomez stated the General Plan does have specific language with the overall
guiding policies for the implementation of the development code which will
accompany these two issues. This is not independent of the General Plan.
Both issues will have to be studied together.
Mr. Lam stated that if he understood the question that anywhere where there
has been a zone designated commercial, does the City have the authority to
limit a particular use on that center. The answer is yes because it would
require a Conditional Use Permit.
]%~tioe: Moved by Dahl, seconded by Schlosser to waive full reading of
Or~ce No. 211. Motion carried unanimously 5-0.
Mayor Mikels set 2nd reading for November 16, 1983.
City Clerk Wasserman read title of Resolution No. 83-186.
RESOLUTION NO. 83-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DIRECTING PUBLICATION IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 36933(0)(2) -
DEVELOPMENT CODE (ZONING ORDINANCE) AND DEVELOPMENT
DISTRICT
Mayor Mlkels opened the meeting for public hearing on Resolution No. 83-183.
There being no response, the public hearing was closed.
No~imz Moved by Dahl, seconded by Schlosser to approve Resolution No. 83-186
and to waive full reading. Motion carried unanimously 5-0.
None submitted.
5- SOS-AD~ PUBLIC
City Council Minutes
November 2, 1983
Page 9
A. ~BT ON ~3~JC&TIONAL FACII/TIES WITHIN THE C~ SCBOOL DISTBICT.
Frank Cosca, Central School District Superintendent, has requested time to
provide the City Council with an overview of the educational facilities within
the Central School District. With him were all the members of the Board of
Trustees and some PTA representatives.
Andy Carmichael presented a general overview of the problems. Frank Cosca,
Superintendent, presented a detailed report on what has been taking place in
the Central School District with some proposed solutions.
Councilman Frost suggested that Mr. Cosca talk with the developers regarding
the problem. The BIA was part of the original Task Force, end they n~ight be
able to offer some help.
Mayor Mikels opened the meeting for public hearing. Addressing Council were:
Garry Brown, BIA, stated they are also concerned about the overcrowding
problem in the Central School District. However, they do not feel it is
impossible to get State funds. They are going to try using their lobbying
group in Sacramento to obtain funds. They have gone over the proposed
fees by the Central School District, and none of the developers are
willing to accept the figures.
Diane Salarzano, PTA President of the Done Merced School, encouraged that
something be done.
Ralph Lewis, Lewis Homes, stated tht no builder wonted to double the
fees. The District's figures are too high. He felt the builders could
build a school for less than what the fees are.
Jack Mcgelvey stated the subject increase is being considered only for a
year or two. School Districts are not in the business of making
profits. They are ready and willing to work and negotiate with the
developers.
Candy Sullivan, representing the PTA, stated the child has to come first
in our considerations.
Aetic~: Council concurred in letting the School District negotiate directly
~ the Developers and BIA; hopefully, they will be able to resolve the
problem without the City becoming involved.
B. E_a~-xmAS TO SHERIFF'S CO~TBACT Staff report by Lauren Wasserman, City
Manager.
MOTION: Moved by Buquet, seconded by Dahl to approve the Sheriff's contract
~e"'~ent for four additional deputies. Motion carried unanimously 5-0.
(~4)
C. BO~T~ 30 STAT~ B~POFE. Parsons, Brinckerhoff, Quade and Douglas, Inc.,
consultants for the Route 30 Implementation Study, will discuss the status of
their work and s"mnm"ize the alternatives developed in their interim report.
Michael Snider and A1 Hollander, consultants for the Route 30 Implementation
Study, presented their report.
ACTION: Council received and filed the report.
(15)
7 - CXTT ATYOam~ ' S BEPOFTJ
There were no items for discussion.
City Council Minutes
November 2, 1983
Page lO
There were no items for discussion.
no"~'f~reconvene.
p.m.
Moved by Dahl, seconded by Buquet to adjourn to an Executive Session,
Motion carried unanimously. The meeting adjourned at 11:20
Respectfully submitted,
Deputy City Clerk