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HomeMy WebLinkAbout1979/05/02 - Minutes May 2, 1979 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeti.ng 1. CALL TO ORDER. The regular meeting of the City Council was held at the Community Service Building 9161 Baseline Road, Rancho Cucamonga, on Wednesday, May 2, 1979. The meeting was called to order at 7:15 p.m. by Mayor James C. Frost. 2. PLEDGE TO FLAG. r.layor Frost led in the pledge to the flag. 3. ROLL CALL. Present: Council members Jon D. I.likels, Michael Palombo, Phillip D. Schlosser, Charles A. West, and Mayor James C. Frost. Staff present: City Manager, Lauren Wasserman; Assistant Interim City Attorney, Robert Dougherty; Assistant to City I~anager, Jim Robinson; Community Development Director, Jack Lam; and City Engineer, Lloyd Hubbs. 4. APPROVAL OF IIINUTES. None were submitted for approval. 5. ANNOUNCEI,1ENTS. a. Mayor presented a Proclamation declaring May 6-12 as "Hire a Veteran Week." Council concurred in authorizing mayor to sign the proclamation. b. National Heritage Week May 6-12. c. League of California Cities Legislative conference in Sacramento on ~ay 21-23. d. SCAG has invited members of the city council to attend the white !louse conference on inflation in Los Angeles on May 16. Fee for the half-day session is $5.00. e. Mayor's and President's Policy Committee on regional sewage is meeting at Montclair city hall on Thursday, May 10 at 7:gO p.m. f. May 14 will be a meeting with the Council and school representatives at Alta Loma High School. g. Planning Commission special study session on ~ay 24 on the specific plan. h. Historical Commission meeting, Tuesdays May 8 at 8:00 p.m. in the Library conference room. i. Advisory Committee meeting on ~lay 17 at 6:30 p.m. j. An additional item -- mayor requested that the school issue be placed at the beginning of the staff reports after the public hearings. k. Mayor read Councilman West's resignation effective May 11, 1979. Mr. West's company is transferring him to Ohio which necessitated his resigning from Council. Mayor read Resolution No. 79-40 in full. Ilotion: rloved by Palombo, seconded by Schlosser to approve Resolution No. 79-40. !lotion carried by the following vote: AYES: Schlosser, ~ikels, Palombo, Frost. ABSTAINED: West. Mayor announced there would be a farewell reception for Councilman West on Thursday, Ilay 10 at the Cucamonga Vineyard Company on 3th Street in Cucamonga from 5:00 to 7:30 p.m. ~lay 2, 1979 minutes Page Two 1. Wasserman requested item "j" be removed from the Consent Calendar, approval of alcoholic beverage license for Roaring 20s Pizza Parlor at 9797 Baseline. m. Request an additional item--a request regarding a fireworks display. (1) n. ~likels recommended the appointment of Beverly White to fill the .vacancy created by the resignation of Chester Frost on the Historical Commission .... Mikels also recommended approval of Ordinance No. 70-A which changes the composition of the Historical Commission from five to seven members. Mikels recommended the approval of !laxine Strane and R6b~r~" Hickcox as commissioners elect for these two positions. Motion: Moved by Mikels, seconded by West to appoint Beverly'-White tO'fill the current vacancy on the Historical Commission, approve Ordinance No. 70-A and set second reading for ~.lay 16, and approve r~laxine Strane and RObert Hickcox as commissioners elect. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, l'!est and Frost. Wasserman read title and number. e. Also relating to the Historical Commissions I~ayor announced that Ordinance No. 70 becomes effective ~lay 3. He suggested terms of office fur the present five members be determined by lot at the next meeting to determine length of terms. Also suggested the sixth and seventh members be determined by lot and that Leonard Gorczyca continue as the interim chairman until after the sixth and seventh members become official. Mayor requested Council receive by secret ballot a recommendation from the Historical Commission for chairman, and the Council will confirm at the next Council meeting after all commissioners are official in June. Council concurred with the ~layor~ suggestions. 5. COMMITTEE REPORTS. a. Advisory Committee - none b. Historical Commission - none 6. CONSENT CALENDAR. The following were presented for approval: a. Approval of warrants in the amount of $138,954.53. b. Approval of the agreement for e~gineering services with Associated Engineers for design services for the Baseline improvement project, minor street widening and reconstruction. c. Appeal of Parcel ~ap 4783 by Roland Sanchez located on the west side of Turner south of Baseline. Set public hearing date of I.~ay 16, 1979. (3) d. Tract 9254: Release of bonds to ~alton Construction Corporation: Labor & mater~al bond (sewer on site) $16,000 Labor & material bond (sewer off site) $ 5,000 Labor & material bond (water) $18,000 (3) e. Tract 9420: Release of bonds to Margaret C. Kalbach and accept substitution bonds from Fox Hollow Limited Partnership. Release: Performance bond (road) $64,000 Performance bond (water) $37,000 Labor & material (road) $32,000 Labor & material (water) $18,500 Accept: Performance bond (road) $64,000 Labor & material (road) $32,000 May 2, 1979 minutes Page Three f. Tract 9586 and (3) Tract 9587: Release of bond to Lewis Homes of California Performance bond (landscaping & block wall) $ 74,894.88 g. Tract 9616: Accept roads and release bond to r,~.J. Brock & Sons: (3) Performance bond (road) $122,000 h. Tract 9617: Accept roads and release bonds to M.J. Brock & Sons: (3) Performance bond (sewer) $ 28,000 Performance bond (water) $ 26,000 Performance bond (road) $ 84,000 i. Appeal of Director Review No. 79-12 - Sierra Savings. An appeal of a public service and identification sign to be located at 8730 19th Street. Set hearing for May 16, 1979. j. Item removed from consent calendar. Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar. Motion carried by following vote: AYES: Schlos~er, Mikels, Palombo, West, and Frost. 8. PUBLIC HEARINGS 8A. An ordinance allowing staff access to the State summary criminal history (4) information before council for second reading. Motion: Moved by Palombo, seconded by West to approve Ordinance No. 66. and waive entire reading. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, West, and Frost. NOES: None. Number and title read by Wasserman. ORDINANCE NO. 66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA~IONGA, CALIFORNIA, PROVIDING FOR THE INELIGIBILITY OF CERTAIN PERSONS FOR EMPLOY- MENT BY THE CITY AND AUTHORIZING CERTAIN OFFICERS AND EMPLOYEES ACCESS TO THE "STATE SUMrIARY CRI~IINAL HISTORY INFORMATION" 8B. An ordinance regulating the use and possession of weapons and repealin9 certain sections of the San Bernardino.~.oun.%S Code before council for second reading. Motion: Moved by Palombo, seconded by Mikels to approve Ordinance No. 60. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, West, Frost. West requested ordinance be read in full. Wasserman read entire ordinance. ORDINANCE NO. 60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REGULATING THE USE AND POSSESSION OF WEAPONS AND REPEALING SECTIONS 22.011 THROUGH 22.020 OF THE SAN BERNARDINO COUNTY CODE. May 2, 1979 minutes Page Four (6) 8C. An ordinance amending Ordinance No. 59 relat.in9 to electrical regulations before council for second readin'~.' Motion: Moved by Schlosser, seconded by Palombo to adopt Ordinance No. 59-A and to waive the entire reading. ~lotion carried by the following vote: AYES: Schlosser, ~likels, Palombo, West, Frost. NOES: None. Number and title read by Wasserman. ORDINANCE NO. 59-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA~IONGA, CALIFORNIA, AMENDING ORDINANCE NO. 59 RELATING TO ELECTRICAL REGULATIONS. (?) 8D. An ordina.n,ce changin9 zone from C-2 to A-P for parcels located north of Foothill Boulevard, west of San..D.ie~o Avenue before council for second reading. Area is designated mixed use on the general plan. Although pro- fessional offices are allowed in the C-2 zone and are compatible with land use allowed in the mixed use designation, the C-2 zone allows more intense commercial uses which are incompatible with the mixed use designation. Jeff Screnka stated he had been askl.~d by Dan Miksel, owner of land within this section, to voice publically ht was not in favor of the change of zoning and preferred the usage to r~main commercial. Mr. ~liksel was not able to come to the meeting to spea for himself. Motion: Moved by West, seconded by Palombo to approve zone change, adopt Ordinance No. 77 and waive enl:ire reading. Motion carried by the following vote: AYES: Schlosser, Pa ombo, West, Frost. NOES: None. ABSTAINED: r.~ikels (since he lived n~.~arby). Number and title read by Wasserman. ORDINJ~NCE NO. 77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM(}NGA, CALIFOR!!IA, REZONING ASSESSOR'S PARCEL NUMBERS 207-101-32 AND 33 FROr~ C-2 TO A-P LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVI~RD WEST OF SAN DIEGO AVENUE. (8) 8E. An ordinance requlating the st(~rage, use, and sale of safe and sane fireworks within the city of Rancho C.ucgmon~a before council for first reading. Wasserman summarized ordinance stating the purpose was to put in ordinance form what already what was being do~e administratively. Council had approved the use of safe and sane fireworks in Rancho Cucamonga a year ago. The Foothill Fire District utilized guidelines of their governing board for control and attained cooperation of the organizations engaged in sales. The purposed.ordinance provides necessary enforcement and penalty capa- bilities which were not in the original Ordinance No. 25. The city is concerned with maintaining construction, zoning, and electrical standards and these have been incorporated into the ordinance also. Motion: ~oved by Palombo, seconded by West to set second reading for May 16 and to waive entire reading. Motion carried by following vote: AYES: Schlosser, ~likels, Palombo, West, and Frost. Wasserman read number and title. ORDINANCE NO. 78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGULATING THE STORAGE', USE, AND SALE OF SAFE AND SANE FIREWORKS WITHIN THE CITY OF RANCHO CUCA~ONGA. May 2, 1979 minutes Page Fi ve 8F. A request .by. Vanir Research for a chanqe of zone from A-1 to A-P for (9) the property located on the northwest corner of 19th Street and Archibald Avenue. Ordinance No. 79 before council for first readin$. Staff report by Jack Lam Herman Rempel, Chairman of the Planning Commission, stated the site plan was approved by the Planning Commission by a 3-2 split vote. He stated there were some corrections which were conditions of approval. One of them was that the tile roof line would be continued all the way around. Jorge Garcia was asked reasons why he opposed the development. He stated the style and design was not appropriate for the area for office and professional buildings. Jeff Screnka asked if this type of development would really alleviate traffic congestion at this intersection since the previous shopping center had been turned down for that reason. Ben Dominguez of Vanir outlined steps taken in obtaining approval for this project. Motion' Moved by West, seconded by Schlosser to approve plan, set May 16 for second reading of Ordinance No. 79, and to waive entire reading. Motion carried by the following vote' AYES' Schlosser, West, Frost. NOES' Palombo and Mikels. Number and title read by Wasserman. ORDINANCE NO. 79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-101-16 FROM A-1 A-P LOCATED ON THE NORTHWEST CORNER OF 19TH STREET AND ARCHIBALD AVENUE. 8G. Request by Alta Loma Properties for ch~nse in zone from R-1 to R-3 (10) for 6.6 acres located on the south side of 19th Street between Amethyst and Archibald Avenue. Ordinance No. 80 before council for fi.rst reading. Jack Lam presented the staff report stating the Planning Commission recommended approval of the zone change request. Mayor stated he and Palombo had attended the special subcOmmittee study session in which the developers, staff, and local residents attended to work out mutual problems and concerns in regard to the site plan. Motion- Moved by Palombo, seconded by Mikels to defer the zone change until the Planning Commission had worked out the details of density and has resolved some of the residents concerns and until such time as the Planning Commission submits additional recommendations to the council. West suggested the mayor state what the council was doing since the audience had questioned looks on their faces. Mayor explained that the council was doing nothing until the Planning Commission came forWard with recommendations regarding the density and the site plan. Presently two members of the Planning Commission were working with the developer; meetings were being held publicly so individuals could participate. Lam stated that because there had been such interest in this project that when the site plan came before the full Planning Commission for hearing, it would be advertised as a public hearing so the local residents would know when it was being discussed and could respond. Dougherty recommended that this proposal be continued to a date. He stated that if this were not continued to a specific date, there would be some question that it would have to go back to the Planning Commi'ssion for a re-review by them. Lam suggested Council set the date in four weeks or two city council meetings from this'evening. If the Planning Commission has not made a determination on the whole project, then it can be postponed. Mayor suggested setting the date for June 20. May 2, 1979 minutes Page Six Motion' To add to the original motion to set first reading of Ordinance No. 80 for June 20, 1979. Mayor stated that now the motion was made and seconded, council wanted to hear comments from the public. Mayor repeated the motion for clarity-- that the motion was to continue the item until June 20. Mr. Manavian, architect representing Alta Loma Properties, expressed that a continuance would be expensive to the company and asked wily the zone change could not be considered this evening. The problems being faced now are with the site plan which is being worked out. Frank Venti asked also to speak. He was a developer of the proposed project. He stated they have met with the Planning Commission and feel they are coming to an understanding of what the city is looking for. Details for approval of the site plan were being worked out with the Planning Commission. He stated they needed to know now if they can get the zone changed before they expend more dollars into the project. Lela Jabin, one of the developers, stated the longer the delay, the more diffi- cult it was to begin work and to miss the rainy season. She pointed out the development would help solve some of the drainage problems which presently confront the city. She pointed out they were working out details with the subcommittee and if they could get the approval of the zone change, then they could work on. the other problems. Call for the question by Palombo -- mayor stated he had some comments to make first. Several then spoke in opposition which were- Clark Bosen - 9525 19th Street Hans Peterson - southwest corner of 19th & Arc'hibald Joe Hamer - 966 Jadeite Janet Cochrane - proposed tenant of a project on the corner of Amethyst & 19th Street which the council had previously denied. Lam stated that the first subcommittee meeting conducted was not advertised as a public hearing. Any future meetings will be because of the senitivity of the project. The first meeting where the site plan will be discussed before the Planning Commission will be flay 9 where the issue of the site plan itself will be considered. Mayor stated the question had been called for. Mr. Jabin spoke. He said the normal procedure he thought was for the applicant to file for a zone change and not to file for a site plan approval until they had the zone change. He stated they filed for both concurrently. It seemed they were being penalized for doing so and did so to expedite things to save time. He stated the residents seemed concerned over the zone change since they stated they did not want this property to be R-3 but to remain R-1. He stated the council should address itself to the zone change and not wait until some future time when the Planning Comn~ission would act upon the site plan. Mayor stated the motion on the floor was to reset the first reading of Ordinance No. 80 to June 20. Was there any objection to that? Mr. Jabin said the city attorney was there to protect the legal' rights of the various parties involved, therefore, he was not concerned with the legal propriety of the motion. He was concerned about the extended time. ?.lay 2, 1979 minutes Page Seven Palombo requested that council deny the zone change. West stated R-3 was not good use for this land. He went along with their (Alta Loma Properties') legal staff that this should come before council tonight as to whether there should be or should not be a zone change. He stated that if Palombo would rescind his motion, he would make a motion that this be denied to keep the area as R-1. Palombo agreed to withdraw his motion and seconded West's motion. Motion: Moved by West, seconded by Palombo to deny the zone change request and to maintain the zoning as R-1. Dougherty stated the property was general planned as high density. He stated council did not have to approve the zone change, and if they decided not to rezone the property, then he recommendedcouncil instruct staff to prepare a general plan amendment at the next general plan amendment date in June. West stated he wanted this included in his motion. Palombo agreed to the second of the inclusion. Mikels withdrew his second of the original motion on the floor. Mayor asked council if they had enough information to vote on the motion. West stated they had turned down the Park's request for a commercial venture on 19th Street next to a residential area. He expressed this was somewhat similar in regard to the traffic problem, therefore, he asked for the question. Motion was read back as follows: Motion: Moved by West, seconded by Palombo to deny the zone change request and to maintain the zoning as R-1 and to instruct staff to prepare a general plan amendment at the next general plan amendment date in June. Question came from Mr. Jabin if there was to be a public hearing since it was printed on the agenda. Mayor stated the question had been called for. Jabin stated he wanted to go on record protesting as'being denied a pUblic hearing. Mayor continued with the vote. I.lotion carried unanimously to deny the zone change. Mayor moved on to the next item. Because of the confusion regarding the Council's action, the City Council recessed to a legal session at 9:05 p.m. and reconvened at 9:25 p.m. All members of the Council were present. Council returned and started on the next item. Council was interrupted and asked about its pribr action. Mayor stated the prior action was denial of the zone change and was sent back to the staff for a general plan amendment. 9. CITY MANAGER'S STAFF REPORTS Added item: School issue. The purpose was to discuss what, if any, fee would (11) be appropriate on new development. After a few opening comments, I.~ayor opened the meeting for comments from the audience. Jeff Screnka stated he was requested by the Board of Directors of the Chamber of Commerce to make a statement to express the Chamber's concern that the 556 units and fees for those units be considered separate to the growth management policy. Determination of number of units to be'allowed in the future should be discussed during the growth management process. May 2, 1979 minutes Page Eight Ray Sarrio stated they do not predict the 556 homes will impact the school district significantly. Probably this would generate about 85 students. Future growth beyond the 556 homes would present a problem. Ken Willis stated the building industry was fully aware of the impaction problem. They were willing to work with the city and school districts to resolve these problems. Discussion followed between ~Ir. Sarrio, Ken Willis, and Council regarding the amount of fee that should be established on the 556 homes. Mr. Dougherty reminded Council that SB-201 funds were for temporary facilities and could not be used for permanent facilities. Dougherty also recommended that if Council did not wish to set a fee for the 556 homes that evening, Council should adopt a motion declaring approval of the residential development and that they are subject to the fee requirement. ~,lotion: Moved by Palombo, seconded by West that there are overriding fiscal, economic, social, and environmental factors which in the judgment of the City Council ~.~ould benefit the city, thereby justifying the approval of the residential development and is subject to a fee requirement. Discussion followed regarding problems which might occur under the proposed motion. Motion: Moved by Palombo, seconded by West to withdraw the previous motion. Discussion followed as .to what amount should be set as a fee on the 556 units. Motion: I~loved by Schlosser, seconded by Palombo to approve a fee of $600 per single family unit and $300 per multi-family unit. ~otion carried by the following vote: AYES: Schlosser, Mikels (with qualifications that he felt it was shortsighted), Palombo, West. NOES: Frost. Titles and numbers read by llasserman. ORDINANCE NO. 69-A and 69A-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, A~IENDING SECTION 8 OF ORDIHAHCE NO. 30 AS A~IENDED BY ORDINANCE NO. 69 AND 74 WHICH PER- TAINS TO THE FINANCING OF INTERIM SCHOOL FACILITIES, TO INCREASE FEES THEREUNDER, AND TO PROVIDE FOR THE DEDICATION OF LAND IN LIEU THEREOF. (AND DECLARING THE URGENCY THEREOF.) (12) 9A. Street Name Changes. Staff report presented by Paul Rougeau, Associate Civil Engineer. Rougeau stated that since most do not involve areas where there are occupied homes, therefore, public hearings are not required. There were streets which needed to be changed because the existing names are conflicting and potentially confusing as in cases when responding to emergency calls and can cause considerable time delays. Motion: ~ioved by Schlosser, seconded by ?!est to approve Resolution No. 79-38. Motion unanimously carried. Number and title was read by Wasserman. RESOLUTION NO. 79-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELATIVE TO THE CHANGING OF CERTAIN STREET NA~IES. May 2, 1979 minutes Page Nine 9B. Approval of Parcel Map 4735. (13) Motion' Moved by West, seconded by Schlosser to approve Resolution No. 79-39 .__ and waive entire reading, r~otion unanimously carried. Title and number read by Wasserman. RESOLUTION NO. 79-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 4735 (TENTATIVE PARCEL MAP 4735). 9C. Added item - Request for Special Fireworks Display. Staff report by Ben Mackell, Foothill Fire District, stated that a request had come in fOr a special fireworks display for a child's birthday party. It was not considered the safe and sane type fireworks. However, James Souza was a licensed pyrotechnic operator. He had inspected the property and found no reason to deny the request. Motion: Moved by Palombo, seconded by West to approve the request for the special fireworks display on Saturday, May 5, 1979. Motion carried by the following vote: AYES: West, Palombo, Frost. NOES: Mikels, Schlosser. 10. CITY ATTORNEY REPORTS. There were none. ll. NEW BUSINESS. Council' Appoint replacement for West. Mayor established two subcommittees; West and Palombo, Schlosser and Mikels; to screen potential candidates and come up with five applicants to bring before the full'council on May 9 for final selection. Audience. None. 12. AJOURNMENT. Motion: Moved by West, seconded by Palombo to adjourn to Wednesday, May 9 at 6:00 p.m. in the Community Service Building for a special meeting. Motion unanimously carried. The meeting adjourned at 11:10 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk