HomeMy WebLinkAbout1982/02/03 - Minutes February 3, 1982
CITY OF RANCHO CUCAMONGA
CITY COUNCIL 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, February
3, 1982. The meeting was called to order at 7:05 p.m. by Mayor Phillip D. Schlosser.
Present were: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur
H. Bridge, and Mayor Phillip D. Schlosser.
Also present were: Jack Lam, Community Development Director and Acting for the
city manager; Robert Dougherty, Assistant City Attorney; Michael Vairin, Senior
Planner; Lloyd Hubbs, City Engineer; and William Holley, Community Services Director~
Absent: Lauren M. Wasserman, City Manager, and Jim Robinson, Assistant City Manager.
They were both at the city manager's conference in San Diego.
Approval of Minutes: Councilman Frost requested that the phrase, "15% will be taken
off." be deleted from the December 3, 1981 minutes, page 3, 9th line from the bottom.
Motion: Moved by Mikels, seconded by Palombo to approve the minutes of December 3,
1981 as amended, and the minutes of December 16 and 23 as submitted. Motion carried
unanimously 5-0.
2. ANNOUNCEMENTS.
The Planning Commission will not be meeting at the regular time on Wednesday,
February 24, but will be meeting on Monday, February 22, instead in order that
the Planning Cormmissioners can attemd the yearly Planning Commissioners'
Institute.
Councilman Frost stated that Mr. Holley had drafted a resolution acknowledging
Robert Hickcox for his work in writing the history of Etiwanda. He suggested
that this be reviewed by council and presented at the next meeting. Council
concurred with this suggestion.
Councilman Mikels announced that on Thursday, January 28, a representative
of the County Transportation Conmission appeared before the California Trans-
portation Commission meeting in Ventura to seek to have the State's trans-
portation Improvement Plan amended to include additional funds for the Foothill
Freeway right-of-way protection in the 81-82 program. This request was denied.
However, there was an indication by the Executive Director of the California
Transportalon Conmission that while we have in the past received $1 million
funding, and did not this past year, we could look forward to receiving next
year the normal $1 million in addition to the $900,000 not included this year.
d. Staff requested that Council adjourn the meeting to an Executive Session to dis-
cuss pending litigation.
3. CONSENT CALENDAR.
Counc'ilman Frost requested item "h" be pulled for discussion, and Councilman Palombo
requested item "b" be pulled for discussion.
Item "b" - Alcoholic Beverage License for James E. Niemynski for off-sale beer and
wine, Comfort Ride Mobile, 10477 Lemon. Councilman Palombo asked what this was.
Mr. Lam stated this was the Mobil Oil service station on Haven and Lemon. That this
type of use was allowed by the zoning ordinance, unless it was denied.
Item "h" - Carnelian Lanscape Project Plant Material Bids. Councilman Frost asked
for a brief explanation as to what was involved. Mr. Rougeau explained that staff
was requesting that the two lowest bids for plant materials be approved. The companies
have agreed to this.
Motion: Moved by Palombo, seconded by Bridge to approve the Consent Calendar as
presented. Motion carried unanimously 5-0.
City Council Minutes
February 3, 1982
Page 2
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(3) d.
(4) e.
(5) f.
(6) g-
(7) h.
(8) 1.
(9) j.
Approval of Warrants, Register No. 82-2-3 for $775,224.99.
Alocholic Beverage License for James E. Niemynski for off-sale beer and wine;
Comfort Ride Mobil, 10477 Lemon.
Alcoholic Beverage License for Dean G. and Katheryn M. Dahl and Richard B.
Lamb for on-sale beer and wine eating place; Lupe's Mexican Food, 9130
Foothill.
Alcoholic Beverage License for Haw Kuang Lin, and Mie and Hoyuan Liu for
off-sale general; Town & Country Liquor, 12962-62 Foothill Boulevard.
Alcoholic Beverage License for Rodhey D. Campbell for on-sale beer and wine
eating place; Rancho Delicatessen, 900 Foothill Blvd, Suite 102.
Alcoholic Beverage License for Isabel Garcia for on-sale general eating
place; Tamales International, 9000 Foothill Blvd, Suite 112.
Alcoholic Beverage License for R. L. Arcinage, Inc., Robert L. Arcinage,
P/T; James Barcona, Jr., Sec. for on-sale general eating place, Regina Cafe,
12892 Foothill Boulevard.
Carnelian Lanscape Project Plant Material Bids. It is recommended that Council
authorize the purchase of plan material for the Carnelian Landscape Project
from A-1 nurseries for $21,336.74 and Arbor Nursery for $14,249.05 as the
lowest bidders.
Acceptance of Bonds and Agreement for Director Review 80-34 - Woodhaven Pro-
perties. It is recommended that Council accept the bonds and agreement from
Woodhaven Properties for Director Review 80-34 located on the northwest comer
of Haven Avenue and Lemon Street.
RESOLUTION NO. 82-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE-
MENT AGREEMENT AND IMPROVEMENT SECURITY FOR
DIRECTOR REVIEW NO. 80-34.
Intent to Order Annexation No. 8 to Landscape Maintenance District No. 1
for Tract 9441, Tract 11609, and Director Review 80-34. Recommend that
Council approve resolutions declaring the city's intention to annex said
developments to the Landscape Maintenance District No. 1.
RESOLUTION NO. 82-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTEN-
TION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE
DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING
SAID ANNEXATION AS ANNEXATION NO. 8 TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1: PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND
PLACE FOR HEARING OBJECTIONS THERETO. (TRACT 9441,
11609, AND DIRECTOR REVIEW NO. 80-34).
RESOLUTION NO. 82-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARy
APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION
NO. 8 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1.
(TRACT 9441, 11609, DIRECTOR REVIEW NO. 80-34).
City Council Minutes
February 3, 1982
Page 3
k. Release of Bond:
*Tract 8884 - located on the east and south sides of Red Hill Country Club
Drive. Owner: Harnish-Morgan-Causey.
Encroachment Bond
Labor & Material Bond (road)
$ 6,500.00
$67,000.00
Forward Claim against the City by Sally Montoya and George Montoya to City
Attorney for handling.
Set February 17, 1982 for Public Hearing on certification of Environmental
Impact Report for Comprehensive Storm Drain Revision No. 1.
Set February 17, 1982 for Public Hearing on Zoning Ordinance Amendment No.
82-01.
4. PUBLIC HEARINGS.
4A. ENVIRONMENTA3~ ASSESSMENT AND ZONE CHANGE NO. 81-01 - LAWIOR. A request for a(14)
change of zone from R-i-20,000 and R-l-14 acres to R-l-1 for approximately 46 acres
of land, generally located on the north side of Almond between Sapphire and Tur-
quoise - APN 200-061-12, 200-051-06, and 1061-172-03.
Councilman Bridge excused himself from the council table during the public hearing
since he had property in the area.
Deputy City Clerk Authelet read the title of Ordinance No. 159.
ORDINANCE NO. 159 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBER 1061-172-03, 200-061-12, AND 200-
051-06 LOCATED GENERALLY ON THE NORTHWEST CORNER
OF SAPPHIRE AND AJ_MOND, FROM R-l-14 ACRES AND
R-I-20,000 TO R-l-1.
Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance
No. 159. Motion carried unanimously 4-0-1.
Mayor Schlosser opened the meeting for public hearing. Addressing Council was:
*Mr. Kedding, representing Lawlot. He encouraged Council to approve
the zone change request.
There being no further response, the public hearing was closed.
Councilman Frost stated he had let his feelings be known at the last meeting;
that is whether the proposal provided the best transition. He had not changed his
mind.
Motion: Moved by Palombo, seconded by Frost to approve Ordinance No. 159 and the
issuance of a Negative Declaration. The motion carried by the following vote:
AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. ABSENT: Bridge.
Councilman Bridge returned to his council seat.
4B. PLANNED DEVELOPMENT 81-13 (TT 12090) - USA PROPERTIES. A change of zone from (15~
R-1 (single family residential) to R-3/PD (multiple family residential/planned
development) for the development of 128 condominium units on 9.2 acres of land
located on the northeast corner of Archibald and Feron Boulevard - APN 209-051-01.
City Council Minutes
February 3, 1982
Page 4
Deputy City Clerk Authelet read the title of Ordinance No. 168.
ORDINANCE NO. 168 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBER 209-051-01 FROM R-1 TO R-3/PD LOCA-
TED ON THE NORTHEAST CORNER OF ARCHIBALD AV~qUE AND
FERON BOULEVARD.
Motion: Moved by Palombo, seconded by Mikels to waive further reading of
Ordinance No. 168. Motion carried unanimously 5-0.
Mayor Schlosser opened the meeting for public hearing. There being no response,
the public hearing was closed.
Motion: Moved by Bridge, seconded by Frost to approve Ordinance No. 168 and the
issuance of a Negative Declaration. Motion carried unanimously by the following
vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT:
None.
(~6)
4C. RECOMMENDATION TO REVISE TITLE 10, VEHICLE AND TRAFFIC OF THE MUNCIPAL CODE
TO REFLECT CORRECTIONS IN WORDING AND INTENT AND TO REVISE SEVERAL SPEED LIMITS
ON CITY STREETS. Staff report by Paul Rougeau, Senior Civic Engineer.
Mr. Rougeau went over the Ordinance and answered questions of the council.
Deputy City Clerk Authelet read the title of Ordinance No. 169.
ORDINANCE NO. 169 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS
10.04.070, 10.04.100, 10.20.010, 10.20.020,
10.40.010 A & B, 10.52.030, 10.52.040, 10.56.020
OF TITLE 10, VEHICLES AND TRAFFIC.
Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance
No. 169. Motion carried unanimously 5-0.
Mayor Schlosser opened the meeting for public hearing. There being no response,
the public hearing was closed. Mayor Schlosser set second reading for February 17,
1982.
(~7)
4D. ORDERING VACATION OF THE EAST/WEST ALLEY LOCATED 149~ SOUTH OF 9TH STI:EET
BETWEEN THE SANTA FE RAILROAD RIGHT-OF-WAY AND CALAVERAS AVENUE. Paul Rougeau,
Senior Civil Engineer, presented the staff report.
Mayor Schlosser opened the meeting for public hearing. There being no response,
the public hearing was closed.
Motion: 'Moved by Bridge, seconded by Palombo to adopt Resolution No. 82-24 and
to waive the entire reading. Motion carried unanimously 5-0. Deputy City Clerk
Authelet read the title of Resolution No. 82-24.
RESOLUTION NO. 82-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF
THE EAST/WEST ALLEY LOCATED 149' + SOUTH OF NINTH
STREET BETWEEN THE SANTA FE RAILRSAD RIGHT-OF-WAY
AND CALAVERAS AVENUE.
City Council Minutes
February 3, 1982
Page 5
4E. PUBLIC IMPROVEMENT REIMBURSEMENT. Staff report by Jack Lam
Staff recommended that Council adopt an ordinance imposing a fee payable at the
time of application for a building permit for those lots or parcels of land which
frontage improvements have been installed pursuant to a reimbursement agreement.
This would allow the recapture of costs of the improvements at the time the adjacent
lot~ or parcels are developed.
After some discussion between Council and the city attorney, Councilman Mikels re-
quested that some type of formal notification procedure be included informing the
adjacent property owner that the public improvements will be installed. Council
concurred with this request.
Title of Ordinance No. 170 was not read since item would be changed. However, Council
proceeded with public input.
Mayor Schlosser opened the meeting for public hearing. Addressing Council were:
*Ken Willis, Building Industry Association. He stated that such an agree-
ment for a landowner paying another landowner back for improvements is
certainly better than not receiving anything at all. They supported such a
procedure. He suggested that since on~ landowner who might make a street
improvement under this tyDe of system ultimately finds that before another
landowner does reimburse him, he has lost a considerable amount of money
due to inflation. He wondered if some kind of interest based on inflation
could be included.
Mr. Dougherty responded that what Mr. Willis was proposing was a policy issue which
was not addressed by this ordinance. Council concurred, however, that this should
be looked into.
*Ralph Lewis. He expressed concurrence with Mr. Willis.
There being no further response, the public hearing was closed.
Action: Council referred item back to staff and city attorney for further work,
and set March 17 as a date to bring item back to council.
Councilman Frost suggested that staff look at the last sentence of Section 12.08.075
of Ordinance No. 170 which states, "on which a building, or other structure re-
quiring a building permit, is to be constructed, altered or enlarged." He stated
that he read into altered or enlarged as adding a room onto a house. If so, this
would not be equitable, and perhaps staff should take another look at this to see
if it needed some type of modification.
4F. CREATION OF RANCHO CUCAMONGA'S INDUSTRIAL DEVELOPMENT AUTHORITY. Report
by John Brown, Redevelopment Legal Counsel.
Mr. Brown stated he was present to answer any questions. Councilman Mikels stated
that the memo from Mr. Brown was excellent and thoroughly self explanatory.
Deputy City Clerk Authelet read the title of Ordinance No. 171.
ORDINANCE NO. 171 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE NEED
IN THE CITY OF RANCHO CUCAMONGA FOR AN INDUSTRIAL
DEVELOPMENT AUTHORITY AND ESTABLISHING SUCH AN
AUTHORITY.
Motion: Moved by Palombo, seconded by Mikels to ~a~ve further reading of Ordinance
No. 171. Motion carried unanimously 5-0.
Mayor Schlosser opened the meeting for public hearing. Speaking was:
*Ralph Lewis. He endorsed the establishment of an industrial develop-
ment authority in Rancho Cucamonga.
City Council Minutes
February 3, 1982
Page 6
There being no further response, the public hearing was closed. Mayor Schlosser
set February 17 for second reading of Ordinance No. 171 and for the consideration
of accompanying Resolution Nos. 82-25 and 26.
Mayor Schlosser called a recess at 8:30 p.m. The meeting reconvened at 8:50 p.m.
with all members of the council and staff present.
(2O)
5. CITY MANAGER'S STAFF REPORTS.
5A. A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A FIXED "F" FACTOR FOR PARK
DEDICATION OR IN LIEU FEES WITHIN RESIDENTIAL SUBDIVISIONS. Staff report by
Bill Holley.
Mr. Holley stated there were three options being proposed to Council:
1. Option 1 -- which was staff's recommendation to use the 1980 census
figures for the "P" factor to determine park fees.
2. Option 2 -- the one proposed by Lewis Homes which establishes a fee
based on number of persons per type of dwelling unit.
3. Option 3 -- proposed by the William Lyon Company which uses the
number of bedroom as the factor for establishing the park fee.
Mayor Schlosser opened the meeting for public input. Addressing Council were:
*Ken Willis, Building Industry Association. He stated that the BIA
recommended approval of Option 2 which deals with the type of dwelling
unit. They felt that Option 1 would conclude that every home in Rancho
Cucamonga had 3.1 persons dwelling in it, and using the 1980 census
was unfair and arbitrary.
Option 3 which has to do with bedroom units is the method which L.A. County
school system devised its SB-201 school fees for certain development areas
in northern L.A. County.
They felt that Option 1 would introduce a conflicting policy in Rancho
Cucamongawith regard to how we view the loading factor and dwelling units
when attempting to devise a fee. He felt the city council would not want
to tell the schools that when it comes to classrooms we use one set of
numbers, but when it comes to parks, we invent our own numbers.
*Ralph Lewis, Lewis Homes. He concurred with Mr. Willis, and expressed
that either Option 2 or 3 would be more fair.
He stated that household sizes have been shrinking. They are building
smaller houses, and felt that Option 1 overstates the need for park
facilities.
Councilman Frost questioned Mr. Lewis regarding this statement that Option 1
overstated the need for park facilities. He asked if in particular Mr. Lewis
felt families would be moving into smaller homes because of the economics of
the situation. Mr. Lewis said this was possible because housing was so expen-
sive and that was why they were concerned about all the fees.
There being no further response, Mayor Schlosser closed the public portion of
the meeting.
City Council Minutes
February 3, 1982
Page 7
Councilman Bridge stated that it had been decided during the general plan process
that five acres of park land per 1,000 population was the desirable figure. He
felt the smaller the house, then the greater the need for parks for both children
and adults. He stated that bedrooms was not a good way to measure park needs since
as a conununity matures and children leave home, bedrooms become used for other pur-
poses.
*Roberta Futrell stated that she knew of several families in Alta Loma
with two families living in the same house with several children in
each bedroom, She felt the 3.1 average of the tomunity would be a
more accurate figure than that of bedrooms or housing type.
Councilman Mikels asked when we would be getting updated census figures that would
give us figures on occupants per dwelling type. Mr. Holley stated that if we used
Option 1, we would be establishing an overall city average which would not be based
on dwelling type. If we desired other type of information, we would have to engage
the State for this type of information. It could be done on a special basis probably
by the end of the summer. The State usually comes up with some yearly estimates
each spring which we could request.
Motion: Moved by Mikels, seconded by Palombo to adopt Resolution No. 82-12, Option
1, with the understanding that when new census data is obtained, the Council will
look at this again; and to waive the entire reading of Resolution No. 82-12.
Motion carried unanimously 5-0. Deputy City Clerk Authelet read the title.
RESOLUTION NO. 82-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING POPU-
LATION PER DWELLING UNIT FOR PURPOSES OF IMPLE-
MENTING CHAPTER 16.64 OF THE MUNICIPAL CODE
RELATING TO THE DEDICATION OF PARK AND RECREATION
LAND.
5B. REQUEST FROM LEWIS DEVELOPMENT COMPANY TO WAIVE GENERAL PLAN AMENDMENT CYCLE.
Staff report by Michael Vairin, Senior Planner.
The Lewis Development Company is requesting the processing of a General Plan
Amendment outside the regular processing cycle. The company desires to build an
office building in Tetra Vista prior to approval of the Planned Community text,
which requires a General Plan Amendment.
Presently the land use policies of the general plan states, "The City shall not
consider for approval any development plans located within the Planned Communities
area until the Planned Communities have been reviewed and adopted by the City
Council. In order for the Lewises to proceed, there would have to be some language
change to the general plan.
After some discussion between the Council and representatives from the Lewis
Company; namely, Ralph Lewis, Robert Hull, architect, and Jerry Welch; the following
motion was made:
Motion: Moved by Mikels, seconded by Palombo to activate the third general plan
amendment review period and to begin processing the application for this one site
and for the applicant to bear the cost of the general plan amendment application.
Further discussion followed between the council and the city attorney regarding
the activation of the third general plan amendment period versus including this
request under the January amendment cycle. In this event, the public hearing would
be held before the Planning Commission on February 22, 1982.
Councilman Mikels stated that if staff could accommodate this request under the
present amendment period, then this was the best way to handle this, and he would
change his motion to reflect this. He said that at one of the other amendment
periods, we may want to consider revision to the general plan language.
Motion as suggested by Mr. Lam would be that Council make a finding that this
amendment is dealing with a policy issue only and could, therefore, be accepted
for processing under the January cycle.
City Council Minutes
February 3, 1982
Page 8
Motion: Moved by MikeIs to make the finding that this amendment was a
policy issue and can be accepted for processing under the January cycle.
Councilman Bridge stated that he would vote no to the existing motion because
it would be better to use the third amendment period rather than to deviate from
the time period. He felt this would set a precedent and would allow other developers
to miss a time period and then plead some financial hardship.
Councilman Mikels stated that is why he proposed the initial motion. He felt this
was the cleanest way to go and would not set any precedent.
Mr. Lam pointed out that if council chose to use the third amendment period, then
both the planning commission and council would have to be cognizant of the time
periods in order to add their requests at the other two amendment periods.
Motion: Moved by Mikels, seconded by Palombo to activate the third general plan
amendment review period and to begin processing the application for this one site
and for the applicant to bear the cost of the general plan amendment application.
Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, Schlosser.
NOES: Frost. ABSENT: None.
(22)
5C. ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. Staff [eport by Lloyd
Hubbs.
Councilman Mikels requested that item No. 7, Archibald Avenue and Fourth Street
signal installation, be expedited if possible.
Mayor Schlosser opened the meeting for public input. There being none, the
public portion was closed.
Motion: Moved by Frost, seconded by Palombo to approve Resolution No. 82-27
and to waive the entire reading. Motion carried unanimously 5-0. Deputy City
Clerk Authelet read the title of Resolution NO. 82-27.
RESOLUTION NO. 82-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING FIVE
YEAR CAPITAL IMPROVEMENT BUDGET THROUGH THE
1982-83 FISCAL YEAR.
(23)
5D. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: HOUSING REHABILITATION. Staff
report by Richard Marks, Associate Planner.
Motion: Moved by Bridge, seconded by Palombo to authorize staff to meet with the
appropriate County staff, work out details of a possible city/county program
option and bring item back to the city council on February 17, 1982. Motion
carried unanimously 5-0.
6. CITY ATTORNEY'S REPORTS. There were none.
7. ADJOURNMENT.
Motion: Moved by Palombo, seconded by Frost to adjourn to an Executive Session to
discuss pending litigation not to reconvene. Motion carried unanimously 5-0.
adjourned at 11:05 p.m.
Respectfully submitted,
Beverly Authelet
Deputy City Clerk
Meeting