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HomeMy WebLinkAbout1982/05/05 - Minutes May 5, 1982 CITY OF ~NCHO CUCAMONGA CITY COb~CIL MINUTES Regular Meeting 1. CALL TO ORDER. The regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lion's Park Community Center, 9161 Base Line Road on Wednesday, May 5, 1982. The meeting was called to order by Mayor Jon D. Mikeis at 7:35 p.m. Present were: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikeis. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: Motion: Moved by Frost, seconded by Schlosser to approve the minutes of March 17, April 7, April 20, and April 21, 1982. Motion carried unanimously 5-0 with Dahl and Buquet abstaining on the March 17, April 7, and April 20, 1982 minutes. ANNOUNCEMENTS. Since former Councilman Bridge was not present to receive his recognition, Council held his for a future time when he could be present. Mayor Mikeis presented Councilman Schlosser a commendation for serving as the Mayor for the previous two years. Mayor Mikels presented a Proclamation to Bob Salazar, Chamber of Commerce representative, declaring May 8-15, 1982 as Spring Clean Sweep Week in Rancho Mayor Mikels, with the assistance from Mrs. Dahl, Mrs. Buquet, and Mrs. Frost, presented awards to the winners of the poster contest for the Spring Clean Sweep Week. Winners were: Senior Division: First Prize: Second Prize: Third Prize: Debbie Aguayo Chad Burnett Erika Spain and Jonani Tate (tie) Junior Division: First Prize: Second Prize: Third Prize: Jason Inman Kenny Schadle Starr Shaw and Stephanie Swafford (tie) Councilman Frost announced there would be a barbeque on May 8 as part of the Etiwanda Centenniel celebration. d. Mayor Mikels presented a report from the Omnitrans and Sanbag Board meetings. do CONSENT CALENDAR. Approval of Warrants, Register No. 82-5-5 in the amount of $487,525.09. Alcoholic Beverage Application for Gloria M. and Jack A. Anderson, Regina Farmer(1 Jack's Restaurant, 12892 Foothill Blvd., for on-sale general eating place. Alcoholic Beverage Application for Haueh Pin and Hyun Hoe Wang, China Alley, 8270 Foothill Blvd., for on-sale beer and wine eating place. Alcoholic Beverage Application for Dina L. and Fabian F. Scarpine, Jr., Scarpine's Lunch Stop, 9631 Business Center Drive, Suite G, for off-sale beer and wine. (3 Acceptance of Bonds and Agreement for Minor Director Review 82-08 - Bougher and Brogles, located at 8270 Foothill Boulevard. City Council Minutes May 5, 1982 Page 2 RESOLUTION NO. 82-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 82-08. (5) f. Change of Street Name from Center Avenue to Ivy Lane in Tract No. 9458. (6) g. (7) (8) i. RESOLUTION NO. 82-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CHANGING THE NAME OF CENTER AVENUE WITHIN TRACT 9458 TO IVY LANE. Easement Agreement with City of Ontario. Recommend approval of easement agree- ment with the City of Ontario to provide right-of-way on Milliken Avenue re- quired for street construction in conjunction with Industrial Assessment Dis- tract. Provision of agreement only effective with District formation. (9) License Agreements with Santa Fe Railroad. Recommend approval of license with railroad assuming responsibility and liability for maintenance and con- struction of six storm drain crossings to be required by Industrial Assess- ment District. License is only effective when work is performed. Set Public Hearing Date of June 2, 1982 for: Appeal of Planning Connnission Approval for Environmental Assessment and Tentative Tract 11893 - C/L Builders: a custom lot subdivision of 17.2 acres of land into 36 lots in the R-i-20,000 and R-l-12,000 zones located on the south side of Banyan, west of Sapphire - APN 1043-411-01. j. Approval of a Resolution appointing officers and agents to accept deeds on behalf of the city. RESOLUTION NO. 82-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPOINTING OFFICERS AND AGENTS TO ACCEPT DEEDS ON BEHALF OF THE CITY. Motion: Moved by Schlosser, seconded by Frost to approve the Consent Calendar as presented. Motion carried unanimously 5-0. 4. PUBLIC HEARINGS. (10) 4A. ZONE CHANGE FOR PLANNED DEVELOPMENT NO. 81-08 (TT l1928)-SHAFFER/WESTLtND VENTURE. A proposed planned development of 67 townhouse units on 5.85 acres of land located on the north side of Highland Avenue, east of Archibald Avenue - APN 201-252-32. Mr. Wasserman stated that the item had been continued in order for the residents and developer could meet. That meeting had taken place. Mayor Mikels opened the meeting for public hearing. Addressing council were: Ken Ketner, developer. He stated that the homeowners had agreed to a 59 unit project with no parking on Highland. Regarding the density, he asked Philip Marcacci to join him so they could address this to- gether. Mr. Ketner stated that what the homeowners wanted to see was for this acreage to be divided in half (from Archibald Avenue, the southerly boundary of Highland, the northerly boundary of Lemon, and proceed easterly towards the Alta Loma Channel) -- somewhere at the half-way point the homeowners want to see a maximum of 8 units from Archibald to the half-way point, and a maximum of 10 units from the half-way point to the wash. The homeowners felt this would be a good City Council Min~n.~s May 5, 1982 Page 3 buffer from the single family to townhouse style of living. The homeowners also requested that the systems development fees collected be used specifically for the improvement of the intersection. Mr. Marcacci stated that the homeowners had no disagreement with the proposal which Mr. Ketner made by increasing the density from the single family dwellings toward the wash. He stated that Mr. Ketner will be requiring an additional piece of land, the railroad spur, which will also bring the density down. Although they had no objections to his plan, they did want the systems fees to go specifically for the improvement of the intersection. Council asked Mr. Lam how to make the procedural change as recommended by the homeowners. Mr. Lam stated that there was an ordinance before council tonight for second reading to change the zone to R-2/P.D. The proposal is for 59 units on 5.85 acres; or a density in excess of 10 units per acre. There must be a new first reading of a new ordinance to change this to R-3/P.D. This would require the ordinance before them to be changed back to the R-3/P.D. and give it a new first reading. Then council must make a motion to reconsider the first motion made a number of months ago to tie a condition to the tentative map and development plan that it shall not exceed 9 units per acre. There must also be a second reading of the ordinance. Regarding the railroad property, there must be the process for rezoning with advertising hearing schedule and this must be heard by the planning commission. If property is included in this that had never been included in the legal advertising before, then one must go through the planning commission for public hearing to rezone that with a recommendation to the city council. Discussion followed between Mr. Ketner and Council as to the best way to proceed without involving a lengthy public hearing process. Discussion also included the using of the systems development fees. Mr. Lam stated it was becoming very complex. The best solution would be to concentrate only on the one project and not on anything else. Therefore, what is required is: (1) take new first reading of the ordinance with the appro- priate changes to R-3, (2) come back in two weeks for second reading. (3) make motion to reconsider the former motion limiting the project to 9 units per acre to the new density and set that for public hearing in two weeks. The second reading of the ordinance will be at the same time in two weeks. Mr. Ketner stated that regarding the extra land, if it were all right with the homeowners, he would simply acquire it and landscape it. Mr. Lam stated he could come back at a later time on that sliver of land. Sheryl Moody asked if it were not the Planning Commission who had recommended some months ago to use the systems development fee for the intersection. Mr. Dahl concurred that it was since he was on the planning commission at that time. Mrs. Moody pointed out that it was not a recommendation of the homeowners, but simply a restatement of what the planning commission had recommended. Mr. Lam stated that during the discussion on both projects near the 19th and Archibald intersection, there was a concern about the jog in the intersection. Everyone's concern was that they wanted to make certain that the jog was fixed. What staff indicated, and would continue to indicate, that before any development occurs there, staff will assure that something is done at the intersection to have it corrected. What happens is getting the cooperation of each developer to do something with that intersection, fix it, and that fix will become a credit on their systems development fee. Mr. Ketner stated that he would go on record that he had no problem in doing whatever he could with the systems development fee to make it work. They would assist the city in whatever way they could to fix the intersection. Mr. Buquet expressed concern about the use of the systems development fees since he felt there would be other developers who would want to use such fees go to City Council Minutes May 5, 1982 Page 4 improve the intersections adjacent to their properties. He felt perhaps we might be establishing a precedent. There being no further public comment, the Mayor closed the public hearing. Motion: Moved by Schlosser, seconded by Buquet to uphold the appeal in part by modifying the development plan and tentative tract map to change the density to a total of 59 units on the 5.85 acres, plus the additional conditions to increase the visitor parking within the development, doors on the garages, and other condi- tions as agreed to previously, and to condition the development plan and tenta- tive map respectively, and to refer the design to the Design Review Committee for design review and approval. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Ordinance No. 165 as corrected for the new first reading. ORDINANCE NO. 165 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201-252-32 FROM R-l-10,000 TO R-3/ PD FOR 5.85 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHLAND, EAST OF ARCHIBALD. Motion: Moved by Buquet, seconded by Frost to waive further reading of Ordinance No. 165. Motion carried unanimously 5-0. Mayor Mikels set the second reading of Ordinance No. 165 for May 19, 1982. (1~) 4B. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 81-02 (TT 11915) - MAYER: A change of zone from R-1 (single family residential) to R-3/P.D. (multiple family residential/planned development) and the developmen~ of 44 patio homes and 322 townhouse units on 35 acres of land in the R-1 zone located on the south side of Arrow, between Turner and Center Avenues - APN 209-091-05, 06, and 07. City Clerk Wasserman read the title of Ordinance No. 175. ORDINANCE NO. 175 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209-091-05, 06, 07 LOCATED ON THE SOUTH SIDE OF ARROW, BETWEEN TURNER AND CENTER AVENUES FROM R-1 TO R-3/P.D. Motion: Moved by Schlosser, seconded by Frost to waive further reading of Ordinance No. 175. Motion carried unanimously 5-0. Michael Vairin, Senior Planner, presented the staff report. Mayor Mikels opened the meeting for public hearing. Addressing Council was: *Norman Reid, project manager, for Mayer Corporation. He encouraged council to approve the zone change, and stated he was present to answer any questions. City Council Minutes May 5, 1982 Page 5 Mr. Buquet asked Captain Wickum if he had been involved with this project and if he had any concerns regarding the proximity and location of the project. Captain Wickum stated he had not seen the project before. He stated that large projects like this could become instant slums. He felt it would not be fair for him to comment further. Mr. Buquet asked if he felt there would be any problems with the project being just north of 26th Street. Captain Wickum stated that North Town has about 1500 residents; about 1420 of the people are fine people. Only about 40 to 60 people who have in the past caused some problems. He stated they had a fairly good handle on that, and therefore did not anticipate any problems. Mr. Vairin stated that a member of the Sheriff's Department does sit on the growth management review committee, and additional security measures had been discussed at some length for the project. Things such as dead bolt locks, window locks, etc. had been incorporated into the conditions of approval. There being no further public response, Mayor Mikels closed the public hearing. There being no further council discussion, Mayor Mikels set May 19 for second reading of the ordinance. 4C. VACATION OF UNNECESSARY STREETS AND ALLEYS WITHIN THE VICTORIA PROJECT. Staff had recommended that the item be continued to June 2, 1982 when the tract maps are submitted for final approval. Motion: Moved by Dahl, seconded by Buquet to continue to June 2. Motion carried unanimously 5-0. 5. CITY MANAGER'S STAFF REPORTS. 5A. RESOLUTION CLARIFYING COUNCIL POLICY ON GENERAL PLAN LAND USE ELEMENT FOR THAT PORTION OF CITY BORDERED BY CITY LIMIT ON EAST AND NORTH, HAVEN TO WEST, AND BANYAN TO THE SOUTH. Staff report by Jack Lam. Mr. Lam read Resolution No. 82-81 in full. RESOLUTION NO, 82-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, STATING COUNCIL POLICY REINFORCING AND CLARIFYING THE CITY'S GENERAL PLAN LAND USE POLICIES FOR THAT PORTION OF THE CITY BORDERED BY THE CITY LIMIT ON THE EAST AND NORTH, HAVEN TO THE WEST, AND BANYAN TO THE SOUTH. Mayor Mikels opened the meeting for public input. There being none, the meeting was closed for further public input. Motion: Moved by Dahl, seconded by Buquet to adopt Resolution No. 82-81. Councilman Frost stated there were unique situations coming up where the 20,000 square feet would be overly restrictive. However, that doesn't figure as an opposition to the resolution at this time. Motion carried unanimously 5-0. 5B. APPROVAL OF A COOPERATIVE AGREEMENT WITH SAN BERNARDINO COUNTY ON THEIR MORTGAGE BOND PROGRAM. Staff report by Tim Beedie, Mayor Mikels opened the meeting for public input. City Council Minutes May 5, 1982 Page 6 There being no comments, Mayor Mikels closed the meeting. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 82-82 and waiving the entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of resolution No. 82-82. RESOLUTION NO. 82-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN HOUSING FINANCE REVENUE BOND PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARIDNO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF RANCHO CUCAMONGA A COOPERATIVE AGREE- MENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA. 5C. ADDENDUMS TO DESIGN CONTRACTS FOR INDUSTRIAL ASSESSMENT DISTRICT NO. 82-1. Lloyd Hubbs presented the staff report. Mayor Mikels opened the meeting for public input. There being none, the meeting was closed. Motion: Moved by Buquet, seconded by Schlosser to approve the addendums to the design contract with Willdan Associates, Lockwood Engineer, and Williamson and Schmid for Assessment District No. 82-01, and to authorize a loan to the Assess- ment District No. 82-01 in the amount of $93,000 to be drawn from Storm Drain and Systems Development funds. Motion carried unanimously 5-0. Mayor Mikels called a recess at 9:05 p.m. The meeting reconvened at 9:23 p.m. with all members of the Council and staff present. 6. CITY COUNCIL ITEMS. (16) 6A. COUNCIL COMMITTEE APPOINTMENTS. The Council made the following appointments: Etiwanda Specific Plan Representatives - Frost, delegate/Dahl, alternate. Finance Conduittee - Schlosser and Buquet. Park Acquisition Committee - Frost and Dahl. Southern California Association of Governments - Mikeis, delegate/Schlosser, alternate. San Bernardino Associated Governments - MikeIs, delegate/Frost, alternate. Omnitrans Board of Directors - Frost, delegate/Mikels, alternate. West Valley Transit Agency = Frost, delegate/Dahl, alternate. City Flood Control Committee - Frost and Dahl. Zone I Flood Control Committee - Mayor and Mayor Pro Tem. Soil Erosion and Dust Control Board - Schlosser, delegate/Frost, alternate. Foothill Freeway Study Committee - Frost, delegate/Buquet, alternate Ontario Airport Ground Access Study Committee - Mikels, delegate/Schlosser, alternate. City Council Minutes May 5, 1982 Page 7 City Selection Committee - Mayor and Mayor Pro Tem. Citrus Belt League of California Cities - Frost, delegate/Buquet, alternate. CB~ Mayors and Presidents Committee - Mayor and Mayor Pro Tem. Private-Public Coalition - Mayor and Mayor Pro Tem. Trails Committee - Dahl, delegate/Frost, alternate. Advisory Commission: There were two vacancies: One for Faye Stamper and one for Chuck Buquet. Mr. Buquet felt council should look at the attendance problems and make sure any new appointees were willing to serve. Mr. Dahl recommended that the ordinance be brought back to council for review to determine ways to improve and strengthen the CAC, and to discuss this at the second meeting in June. Interviews of Planning Commissioners: Council set the prescreening on Monday, May 10, and the final interviews to be held on Tuesday, May 11. Both days at 7:00 p.m. Council will decide on the llth when to announce appointments. Councilman Frost suggested that two members of the council be selected to come up with some procedures and a format for the interviews. Mayor Mikels selected Mr. Frost and Mr. Buquet to work on this. Mr. Dahl requested that the matter regarding Architecture and/or Design Review Committee be set for council consideration at the June 16 meeting. 7. CITY ATTORNEY'S REPORTS. Mr. Dougherty stated there was need to call an Executive Session following the meeting to discuss some potential litigation against the city. 8. ADJOURNMENT. Motion: Moved by Dahl, seconded by Buquet to adjourn to an executive session to reconvene at 7:00 p.m. on May 10, 1982 at the Lion's Park Community Center for Planning Commission interviews. Motion carried unanimously. The meeting adjourned at 10:15 p.m. Respectfully submitted, ~hele~ Deputy City Clerk