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HomeMy WebLinkAbout1997/03/05 - Minutes March 5, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Renular Meetin(~ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 5, 1997, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:02 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager;, Jan Reynolds, Redevelopment Agency Analyst; Brad Buller, City Planner; Dan Coleman, Principal Planner; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Jim Harris, Associate Engineer; Bill Makshanoff, Building Official; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Dan Watters, Police Department Analyst; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamations to Marc Tang and Corinne Baker commending them for their CPR efforts in saving the life of Mrs. Baker's husband. Mayor Alexander presented the Proclamation to Marc Tang and Codnne Baker. Chief Michael described the incident explaining why these individuals should be recognized. B2. Presentation of Proclamation declaring the month of March 1997, as American Red Cross Month. Proclamation presented to Jim Lawry. B3. Presentation of Proclamation to Captain Ron Bieberdorf commending him for his service to Rancho Cucamonga upon his promotion. Proclamation and City tile presented to Ron Bieberdorf. B4. Presentation of ProclamalJon commemorating the Sesquicentennial of the Mormon Pioneers entering of the Region. Mayor AJexander presented the Proclamation to Richard Holdaway and State President of the Mormon Church, John Cottom. President Cottom presented information on the history of the Mormon religion. City Council Minutes March 5, 1997 Page 2 B5. Presentation honoring the Citizen Volunteer of the Year for 1996. Mayor Alexander presented a plaque to Tony Stearns, Citizen Volunteer of the Year for 1996. C. COMMUNICATIONS FROM THE PUBLIC C1. Mr. Perry, 10323 19th Street, had read an article in the paper which stated that Chaffey College was booting the h'[Ih school sports teams off of their fields. He asked that the Council build a stadium for the high schools and other sports groups to use. Councilmember Gutierrez advised Mr. Perry he would look into what could be done to accommodate this situation. Mayor Alexander stated he was at Rancho Cucamonga High School last week and that they had talked to him about this very issue. Councilmember Biane asked that this come back in one month to get a report on the matter. C2. Sherry Rojo, 12477 Tama~sk, stated she would like a review of the General Plan at a future meeting. Councilmember Gutierrez stated he, Mayor Alexander, and two members of the Planning Commission are currently reviewing this matter and that a report will come back to the entire Council in the future. Mayor Alexander stated this would be advertised so that the residents know when this is going to be discussed. Councilmember Gutierrez stated he would call Ms. Rojo this week with an update as to where the subcommittee stands on this. C3. Toni Rhodes and her daughter, Christy Nurmela, spoke with her new machine to thank the Council for what they have done to help her. She also thanked Assemblyman Fred Aguiar for his help and support of handicapped children. They also informed the Council about proposed legislation (AB 244) relating to people with disabilities. They asked the Council for their support of this proposed bill. The Council concurred this bill should be passed. D. CONSENT CALENDAR D1. Approval of Minutes: February 5, 1997 February 19, 1997 D2. Approval of Warrants, Register Nos. 2/12/97 and 2/19/97; and Payroll ending 2/6/97 for the total amount of $1,770,877.38. D3. Alcoholic Beverage Application for On-Sale Beer and Wine for Mimi's Cafe, $WH Corporation, 10909 Foothill Boulevard. D4. Approval to authorize the issuance of a Request for Qualifications for Real Estate Broker Sen, ices in connection with the sale of City owned property located at 111 N. Grove Avenue in the City of Upland. City Council Minutes March 5, 1997 Page 3 D5. Approval of Used Oil Recycling Block Grant Application. RESOLUTION NO. 97-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCUNG FUND OF THE USED OIL RECYCLING ENHANCEMENT ACT 136. Approval of a Resolution urging the local Post Office branches to fly the nationally recognized POW/MIA Flag. RESOLUTION NO 97-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, URGING THE LOCAL POST OFFICE BRANCHES TO FLY THE NATIONALLY RECOGNIZED POW/IVlIA FLAG D7. Approval to authorize the Engineering DMsion of the City of Rancho Cucamonga to submit to SANBAG projects to be included in Fiscal Years 1998/2005 Regional Transportation Improvement Program. D8. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordedng the Summary Vacation of podions of the BeryI-Hellman Storm Drain Easements and also Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map 14410, located atthe east side of Beryl Street and south of 19th Street, submitted by Centex Homes. RESOLUTION NO. 97-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14410, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 97-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF PORTIONS OF THE BERYL-HELLMAN STORM DRAIN EASEMENTS LOCATED SOUTH OF 19TH STREET AND EAST OF BERYL STREET RESOLUTION NO. 97-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP NO. 14410 D9. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance Disb~ No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Development Review No. 96-21, located at the southwest corner of Buffalo Avenue and San Marino Street, submitted by Oltmans Construction Co. City Council Minutes March 5, 1997 Page 4 RESOLUTION NO. 97-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 96-21 RESOLUTION NO. 97-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR DEVELOPMENT REVIEW NO. 96-21 D10. Approval of request to award balance of term of janitorial agreement (CO 97-006) to Janitorial Technologies Incorporated of Tustin, California. D11. Approval to execute Improvement Agreement Extension for Tracts 13565-5 through 13565-10, located on the northeast corner of Summit and Wardman Bullock, submitted by Standard Pacific Corporation, a Delaware Corporation. RESOLUTION NO. 97-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 13565-5 THROUGH 13565-10 D12. Approval to accept Improvements, Release the Letter accepting the responsibility for the Faithful Performance and Labor and Material Bond received form the Rancho Cucamonga Redevelopment Agency, and file a Notice of Completion for DR 94-04, located on the south side of Feron Boulevard, west of Old Town Park. Release: Release the Letter from the Rancho Cucamonga Redevelopment Agency accepting responsibility for the Faithful Performance and Labor and Material Bonds RESOLUTION NO. 97-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR DR 94-04, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF OLD TOWN PARK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Biane, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 96-02 - CITY OF RANCHO CUCAMONGA - A request to add regulations prohibiting commercial pares within all residential zones and property used for residential purposes. City Council Minutes March 5, 1997 Page 5 Debra J. Adams, City Clerk, read the title of Ordinance No. 569. ORDINANCE NO. 569 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW SECTION, 17.02.600, TO THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING COMMERCIAL PARTIES IN RESIDENTIAL ZONES AND UPON PROPERTY UTILIZED FOR RESIDENTIAL USES (NONCONFORMING USE) MOTION: Moved by Curatalo, seconded by Williams to waive full reading and approve Ordinance No. 569. Motion carried unanimously 5-0. E2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA- A request to enact regulations for wireless communication facilities (i.e., cellular transmission) in conformance with Federal Communications Commission regulations. Debra J. Adams, City Clerk, read the title of Ordinance No. 570. ORDINANCE NO. 570 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER, 17.26 THERETO, AND ESTABLISHING REGULATIONS APPLICABLE TO WIRELESS COMMUNICATIONS FACILITIES MOTION: Moved by Curatalo, seconded by Williams to waive full reading and approve Ordinance No. 570. Motion carried unanimously 5-0. F. ADVERTISED PUBUC HEARINGS Fl. CONSIDERATION OF AN APPEAL FOR ENVIRONMENTAL ASSESSMENT AND VESTING TENTATIVE TRACT 15766 - MARK TAYLOR INC. -An appeal of a Planning Commission decision to approve a request to develop 264 apartments, with a condominium Subdivision Map, on 22.2 acres of land in the Medium Residential (8-14 dwelling units per acre) zone in the Victoria Planned Community and consideration of a request to vacate Railroad Avenue South and the east collector street known as Hanley Avenue, located on the north side of Base Line Road, approximately 800 feet west of victoria Park Lane - APN: 227-091-14 AND 15, and 227-111-12 and 13. Staff has prepared a m'~Jgated Negative Declaration of Environmental Impacts for consideration. Related File: Tree Removal Permit 96-13. Staff report presented by Dan Coleman. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Jim Banks, Jr., representing the owner of the property, Eda Ellena, stated the project complies with all zoning, planning standards and regulations of the City. He felt there was no need to overrule the Planning Commission's decision. He stated in 1991, the density was lowered to 17 units par acre. He continued to state there is now a chance this will be down zoned again because of pol'(dcal pressure. He felt the project is suited for the zoning of this area and also a proper use for the neighborhood. Mr. Banks stated they are building less units per acre than was originally planned, so he did not think City Council Minutes March 5, 1997 Page 6 there should be an impact on services the City provides, such as police and fire. He also referred to the Victoria Community Plan and the General Plan as they relate to densities, and added they have tried to keep the densities low. He stated he had fought density issues relating to the Eliwanda Specific Plan at one time also. He felt the people that are fighting this should use their energy better by going to the Council/Planning Commission Task Force to voice their concerns about densities rather than just complaining about one particular project. He felt they should focus on changing zoning and planning laws in general. Chuck Buquet, representing Mark Taylor, stated this was approved by the Planning Commission on January 8, 1997. He felt the project approved by the Planning Commission deserves approval by the Council. He told what benefits it would have to the community if it is allowed to be built. He stated the project meets or exceeds all requirements of the City. He gave some background information on various zoning and land use changes that have occurred over the years. He also told what projects surround this particular one, and that the density is lower for this project than other neighboring projects. He stated the City has placed baffic regulation requirements per the CEQA report, but added that traffic problems will occur in this area whether the project is built or not. He also presented law enforcement statistics and information about fire services. He also mentioned an appraisal report which the Council was given a copy of. He concluded by informing the Council that representatives from Mark Taylor Company were present to answer any questions the Council might have. Nancy Waynor, 12368 Dove Tree in victoda stated this project is something she does not want to live with. She did not want to close the door to development, but did not agree this project should be built at the base of the Victoria Community. She asked why the Council would approve this project with all of the impacts it would have on the community. She did not feel the design was compatible with the V'~oda Community and felt there would be additional traffic in this area if the project is approved. She felt it would increase the already crowded schools and parks also. She also felt this would damage their investment they have made in their homes. George Skogland, 12737 Calmea Street, stated he chose Rancho Cucamonga to live in because of the quality of life he felt was here. He stated he felt the project by Mark Taylor was a high density project and did not feel the quality of life would still be there if this project was approved. He requested the Council deny this project so the quality of life for victoria would remain high. David Tom stated he had spoken to the Council before about the traffic on Base Une and East and felt this project would increase traffic in this area. He stated this project was of great concern to him. He stated he was also concerned about the education of his children if the schools were to be impacted by overcrowding them. He was also concerned about the quality of people that would live in this project. Arthur Marinello, 12385 Dove Tree, stated that previous meetings held to discuss this project were almost like riots and that the Council should listen to the people that elect them. He indicated he did not feel the statistics were quite accurate, that they can be made to say whatever you want them to say. He did not think the Council had enough police officers already and did not think the apartments would help the situation. He felt the schools would suffer by the approval of the project. He also brought up there was no more room for portable classrooms at Windrows School. Sherry Rojo asked if this was a *done deal" and was this wasting everyone's time by going through this. Mayor Alexander stated it is never a waste of time to listen to the residents and this is not a 'done deal." Ms. Rojo mentioned the City Attorney stated it could be denied if it was deemed incompatible with the area, and felt the design was incompatible for the Victoda area. She stated it does not go along with the country theme of Eftwanda. She did not like the locked gates and red roofs. City Council Minutes March 5, 1997 Page 7 She commented that the project does have tot lots for the children. She asked if there were going to be any more parks planned to accommodate all of these people. She commented on the traffic problems around the schools near them. She wondered about entry access into the apartments and would traffic beck up on Base Une wai~ng to get into the project. She asked the Council to vote no on this project. Emanuel Ramirez, Huckleberry Court, stated he was previously concerned about the appointment of a Planning Commissioner which he felt was illegal. He commented that Mr. Buquet, when previously on the Council, was against apartments, and now because of money, he is for this project. He felt the project will generate additional crime. He stated Commissioner Tolstoy was the swing vote and that ' he did not think he should have been appointed to the Planning Commission and felt it was illegal. Mayor Alexander asked the City Attorney if this was illegal when Commissioner Tolstoy was appointed to the Planning Commission to fill an unexpired term. James Markman, City Attorney, explained the process that had taken place for this and added it was not done illegally. Mr. Ramirez felt there would be additional traffic problems if this project is approved. He did not feel this project should be approved when it was already a problem. He felt their area was getting projects that other areas of the City did not want. He did not understand why the City wants another project that would create more traffic, crowded schools and police problems. He stated the residents want the Council to know that they are against this project and that they are getting very organized. Wade Frasier, 12502 NasturlJum, stated what attracted him to this community was the design of V'mtoria. He did not feel this project fit in with the Victoria Community. He stated he did not want to say if he was for or against apartments, only that he is against the design of this project and that it did not fit in with Victoria. V'~oria Wassco, 6559 Redbud Place, stated she had petitions with 600 signatures from residents in the area against the apartment project. She asked the Council to put importance on the signatures. Candace Fowler, 13205 Catalpa, also had 20 more perilions with signatures against the project and felt the Eliwanda area was special. She stated she was very concerned about the apartments. She stated she had Dan Watters of the Police Department give her some crime statistics which she reported to the Council. She felt there was less crime around the Albertsons Center as opposed to the Lucky Center because there are no apartments around there. She also reported on the overcrowding of schools that would occur if the project is approved. She stated she did not feel the Council had a vision for Eftwanda. She also commented on the traffic problems this would create. Jennifer Marinello, 12385 Dove Tree, commented on the overcrowded schools and the traffic. She felt year-round schools might have to happen again, and this would rob the family. Toni Rhodes, 10151 Arrow Route, Apt. 143, stated she works, has strong family values and is an advocate for people with disabilities. She stated there are a lot of seniors that live in apartments and are upstanding dazens. She stated this bothered her to hear all of these people put down people that live in apartments. She stated traffic and crowded schools are concerns of here also, but asked that people not be put down because they live in apartments. Patrick Collins, 6596 Efwanda, stated he was a Planning Commissioner for another City and knew of the pains they go through. He felt the Council has to approve what is good for the betterment of the community. Mayor Alexander asked if this project is part of the Eliwanda Specific Plan. City Council Minutes March 5, 1997 Page 8 Brad Buller, City Planner, stated it is part of the Victoda Community Plan, not the Eliwanda Specific Plan. Mr. Colins stated this project was not designed for Eftwanda. He felt this project would hurt the neighborhood because of the traffic problems. Brad Umansky, 7269 Infermo Place, stated he is involved in commercial development, not residential. He stated it is tough to build in Rancho Cucamonga. He pointed out that anyone that builds here is going to have to do top rate work. He felt there would be good amenities that would go along with this project. He did not appreciate people putling others down because they live in apartments. He felt the Council should support high quality development. He did not feel crime necessarily came from apartments, that it came from people anywhere. Frank Williams, 10356 Mahogany, also of the BIA and the San Bernardino County Crime Free Multi- Housing Program, felt the Mark Taylor Company puts out high quality projects and that they are a leader in Phoenix. He felt this project would create construction jobs for the city and would also create economic activity for the City. He stated he felt it was a high quality project for the community. Millie Glenney, 6580 Eftwanda Avenue, stated there was no disrespect to apartment owners. She stated she was confused as to why this is not in the Eliwanda Specific Plan, but that it is only in the Victoria Community Plan. She stated they came to the Council as a community and hoped that the Council would act as to what is best for everyone. She stated Mr. Newton of Eftwanda School District was opposed to the project. She did not think Mark Taylor cared about the community. She felt the community would be destroyed by this project being built because of the problems it would create for the community. She asked for the Council to vote no on this project. Rex Morris, 12442 Columbine Way, stated the reason he wants to live in the City is because of the quality of life here. He commented on the crowded fields and the large number of groupe who play on them. He wanted to know what is being done to help the existing problem of field usage and felt this project would add more to this existing problem. He stated he has heard the Victoria Lakes project is going to be built. He stated he hoped this was not true. Jim Frost, 12996 victoria Ave., did not think this project was good enough for the Etiwanda area. John Fowler, 13205 Catalpa, felt this same project is already built in Upland and felt the Council should take a look at it. Julie Davereaux, Security Management Business, felt Mark Taylor is a very good project. She stated they are involved in the multi-family organizalion that Frank Williams referred to. She wanted to let the homeowners know that the tenants are screened before moving into the apartment complex. She felt this project would bring money into the community. She felt there is going to be housing needs because of the new development in Ontario and Fontana. A resident (did not give name), felt the people in favor of the project are going to make a lot of money on it, and felt the residents have a lot at stake as to what goes in their area also. He felt it should be sent beck to the Planning Commission because of the design problems. He also felt traffic was going to be a problem. James Banks stated he admired the residents' passion and hoped they would carry it fortyard. He stated there are rules and that the rules need to be followed. He felt the residents were asking the Council to ignore the rules. Emanuel Ramirez stated he is not asking the Council to violate the rules, and did not want the Council to make this a 'done deal." He asked the Council to please consider what the residents want. He stated he is against the project. City Council Minutes Mamh 5, 1997 Page 9 Resident (did not give name), commented on an arlJcle from the Daily Bulletin that talked about cdme. She felt there was no pride of ownership with apartment buildings. Dan Glass, 12480 Corriander Court, commented on Rancho Cucamonga being the 7th safest city as compared to El Monte being higher on the statistic scale. Ken Reel, V'~-'toria area, asked about the eucalyptus trees being removed for this project and wondered why they cannot be removed in the perks. Wade Frasier inquired about the amhitecture for this project. Brad Buller, City Planner, stated this project did go through design review before it went to the Planning Commission and that it was determined that this project met the qualifications for this area. Primo Morales, 8210 Malvern, pointed out this is the City of Rancho Cucamonga, not Alta Loma or Etiwanda. He felt the City needs development and did not think the quality of life in the City would change just because of this project. There being no further response, the public hearing was closed. Mayor Alexander called a recess at 10:36 p.m. The meeting was called back to order at 10:50 p.m. with all Councilmembers present. Councilmember Curatalo stated he was impressed with the magnitude of the public outcry, but stated he did not agree with many of the things that were said. He stated Millie Glenney asked not to ignore the voice of the people and stated he would go along with the appeal. Councilmember Biane stated he would like to know what a developer has to go through with a school district to get approved and what fees are involved, etc. James Markman pointed out that the appeal does include the design review process. He stated the City has always considered what the impects would be on schools. He stated in the 80's the BIA sponsored legislation for developers to pay a school fee so that the City does not issue permils until the developer had paid the school fees. He added the City can also make a developer join a mello roos district to tax more to pay for school facilities. Councilmember Biane asked if the Eliwanda School District could charge a developer more of a fee than another school district. James Markman stated yes, but that all of the school d'~d~ts charge the maximum already. He stated Rancho Cucamonga was hurt by this legislation, where a city like Brea was not. Councilmember Biane asked for Joe O'Neil to comment on traffic flow at Base Line and East and also Foothill and the 1-15 Freeway. Joe O'Neil, City Engineer, commented on lhe work Caltrans is doing and stated that hopefully by Monday work will start for a signal at Base Line and East and that improvements will begin at Foothill and the freeway. He stated he hoped this would be complete within the next 18 months. He stated there will not be an offramp for the Route 30 Freeway and EastAvenue. He stated Day Creek is going to be extended to go up to the freeway for an offramp. He stated if improvements are made, the developer will pay his way to help make these improvements. City Council Minutes March 5, 1997 Page 10 Councilmember Biane stated he was concerned if this would fit the Eliwanda area. Brad Buller, City Planner, stated if the City Council did not like the design aspect they could direct this back to the Planning Commission with direc~on how they would like it to be done. He stated the Planning Commission approved this because the construction matadai would last for a long time and be durable, but that if the Council wanted something else considered it could be referred back to the Planning Commission. Councilmember Gutierrez stated he appealed this, but that his vote was not set in stone. He stated he appealed it because there was a lot of public interested in the project who did not like it. He stated he wished. he could have had more notice and information about this project when it was in the planning stages. He felt the project should look more like development in Eliwanda. He felt the City needs to think about what this project will be in the future. He felt there were issues if the City could afford more police service and more recreation. He stated the issue is if this is good for the community. He felt what is right for the community has to be decided by the people in the community. Councilmember Williams felt Jim Banks said it best that people should ge{ out and try to fix what is broken. She stated what bothers her most is the design. She stated she understands the maintenance issue, but felt something should be done about the design. She suggested that the palm trees be replaced with eucalyptus trees. She stated she did not like anyone suggesting the Council had made up their minds prior to the hearing. She stated the City loses money when a resident moves in because of the services the City has to provide to them. Mayor Alexander stated the Council does not sit up there to be popular. He stated he felt this should be continued for two to four weeks because of the information presented. He felt they should tn/to do some of the things to make everyone happy. He stated he is in favor of the project, but is willing to wait awhile before a vote is taken. Councilmember Biane stated he felt the apartments have come a long way in the way they used to look. He felt the developer has done everything they are supposed to do. He did not think someone should be punished for following the rules. He stated he supports the project, but would like to see the design changed to fit what Eftwanda looks like. Councilmember Curatalo stated he is sitting as a Councilmember because he is representing the people, and that because there are so many people present for this issue who are against the project, he will not change his mind and still wants to deny the project. Councilmember Gutierrez stated he felt the Council should vote on the project and then talk about the design later. James Markman, City Attorney, stated there are options for the Council to consider: 1. Continue the whole matter. 2. Approve the ResolSon as presented which would approve the whole project including design review. Approve the Resolution with an amendment to paragraph 7 which would approve the appeal or deny or reverse the Planning Commision on design review and send the matter back to the Planning Commission changing the architectural style. Sustain the appeal and deny the project. He stated to do this they would have to do the following. He stated the Council would have to tell him and staff on what basis they wish them to write a Resolution which explains why this project is being denied. He stated in order to do that he would have to know what it is about the project that caused the Council to deny it. He stated because of 25 years of legislation you cannot just say it is because of the good of the community. City Council Minutes March 5, 1997 Page 11 He stated there would have to be a negative finding under their own statute telling what the basis is and where is the evidence. He stated then they could write a Resolution of denial. RESOLUTION NO. 97-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 15766, A CONDOMINIUM SUBDIVISION OF ONE LOT FOR 264 APARTMENTS ON 22.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), AND THE VACATION OF RAILROAD AVENUE SOUTH AND THE EAST COLLECTOR STREET KNOWN AS HANLEY AVENUE, AND TREE REMOVAL PERMIT 96-13 WITHIN THE VICTORIA PLANNED COMMUNITY, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 800 FEET WEST OF VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-091-14 & 15 AND 227-111-12 & 13 RESOLUTION NO. 97-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DESIGN REVIEW FOR VESTING TENTATIVE TRACT MAP NO. 15766, A CONDOMINIUM SUBDIVISION OF ONE LOT FOR 264 APARTMENTS ON 22.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) WITHIN THE VICTORIA PLANNED COMMUNITY, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 800 FEET WEST OF VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-091-14 & 15 AND 227- 111-12& 13 MOTION: Moved by Gutierrez, seconded by Curatalo to deny the appeal and that a more focused and indepth EIR be done regarding plant, animal and police services. Motion failed 2-3 (Alexander, Biane, WIlliams voted no). MOTOIN: Moved by Biane, seconded by Williams to approve the project but to continue the design. portion so that it is more compatible with the Eftwanda area, and for this to be sent back to the Planning Commission. James Markman suggested that the Council adopt Resolution No. 97-029 amending paragraph 7 on page 169 so that it would read as follows: 'Based upon the findings and conclusions set forth in paragraphs 1 through 7 above, the Council hereby approves the application other than design review, subject to the conditions contained in Planning Commission Resolulion No. 97-01. The decision of the Planning Commission on design review is reversed and staff is directed to return the matter to the Planning Commission to consider a design more compatible with architecture represented in the Eftwanda Specific Plan and the adjacent neighborhood** Motion carded 3-2 (Curatalo, Gutierrez voted no). No Items Submitted. No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS City Council Minutes March 5, 1997 Page 12 I. COUNCIL BUSINESS I1. PARK AND RECREATION FACILITIES ISSUES (A) STATUS REPORT ON THE TRAVELING VIETNAM MEMORIAL PROJECT (B) UPDATE ON THE LIONS CENTER EAST AND WEST PROJECT (C) REPORT ON THE POSSIBILITY OF A VAN TO BE AVAILABLE AT THE SENIOR CENTER TO TRANSPORT SENIORS FOR THE NUTRITION PROGRAM (D) UPDATF ON THE STATUS OF THE 'Y' PROPERTY NEXT TO MILLIKEN PARK (E) REPORT ON THE PRINTING OF THE GRAPEVINE Councilmember Williams felt they are getting a bargain on The Grapevine, but asked if the staff could check into the van issue and look to Citylink to see what other cities have done. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Biane asked if there could be a report to come back for the Council to discuss the possibility of starting to prepare for landscaping along Route 30 Corridor. Brad Buller, City Planner, stated the JPA is actually tnjing to address the landscaping, not only the approval process, but the phasing of it. He stated it is every city's intent that there be some enhancement in the landscaping to go along with the base portion for the freeway. He stated Caltrans would also be interested in what everyone is wanting to do. He felt instead of the Task Force, the best place to direct this would be the JPA because they are working through the landscape design technical issues at this point and would be coming back with a recommendation on that. Councilmember Williams felt this was a great idea to start this. Bred Buller stated there is a technical JPA meeting coming up and then a policy meeting the following month and the landscaping issue will then be discussed. He stated they are looking at grants. He felt the Council might want to let them have a couple meetings of discussion so a more complete report could come beck to the Council. Mayor Alexander stated if anything is done on the freeway, the Task Force should be notified. J2. Councilmember Gutierrez suggested the Chaffey College stadium issue be on the agenda. He would also like the cdme statistics for multi-family apartment complexes to come back to see what can be done about it. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes March 5, 1997 Page 13 L. ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 11:50 p.m. City Clerk Approved: May 7, 1997