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HomeMy WebLinkAbout1987/01/21 - Minutes January 21, 1987 CI~YOP RANCHO CUC~N~A CITY COUNCIL MINUTES Regular Meeting ~ TO A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, January 21, 1987, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order st 7:32 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: Charles J. Buquet II, Deborah Brown, Jeffrey King, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: City Manager, Lauren M. Wasserman; City Clerk, Beverly A. Authelet; City Attorney, James Markman; Assistant City Manager, Robert Rizzo; Community Development Director, Jack Lem; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley. B. Ai~0UNCBNENT~PRESENTATIONS Monday, February 2, 1987 - 7:00 p.m. - TOWN MEETING WITH SUPERVISOR MIKELS TO DISCUSS JAIL ISSUE - Lions Park Community Canter, 9161 Base Line Road. Thursday, January 22, 1987 - 7:30 p.m. - ADVISORY COMMISSION - Lions Park Com- munity Center, 9161 Base Line Road. C. CONSSIll' el. Approval of Warrants, Register No's. 1/7/87 and 1/14/87 and Payroll ending 1/8/87 for the total amount of $1,977,839.67. C2. Approval to receive and file current Investment Schedule as of December 31, 1986. C3. Approval to Release an Agreement for Postponement of CC&R's for Tract (1) 13022. (0602-01 aJREE REL) RESOLUTION NO. 87-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCMO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR POSTPONEMENT OF APPROVAL OF CC&R' S FOR TRACT 13022 C4. Approval of Improvement Agreement and Improvement Security for Tract 11853 located at the northeast corner of 19th Street and Ramone Avenue, and release Improvement A~reement and Security approved by Council on October 16, 1985, submitted by Roy E. Daly Construction Corporation. (0602-01 AGREE IMPR) RESOLUTION NO. 87-013 (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO (]JCAMONGA, CALIFORNIA, APPROVlNG IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11853 AND RELEASING THE IM- PROVEMENT AGREEMENT AND SECURITY APPROVED OCTOBER 6, 1985 C5. Approval of Improvement A~reement and Improvement Security and Real Proper- (3) ty Improvement Contract and Lien A~reement for DR 86-08 located on the north- west corner of Cottage and Acacia Streets. submitted by Mablon Sampson. (0602-01 AGREE I/L) City Council Minutes January 21, 1987 Page 2 (4) (5) (6) (7) (8) RESOLUTION NO. 87-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW 86-08 RESOLUTION NO. 87-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MAHLON SAMPSON, FOR DR 86-08 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME C6. Approval of Improvement Agreement and Improvement Security for Parcel Map 8902 (DR 85-23) located at the southeast corner of Grove Avenue and San Bernardino Road, submitted by Berry Construction Incorporated. (0602-01 AGREE IMPR) RESOLUTION NO. 87-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCMO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT SECURITY FOR PARCEL MAP 8902 (DR 85-23) C7. Approval of Improvement Agreement and Improvement Security for DR 84-12 lo- cated at the northeast corner of Arrow Highway and Etiwanda Avenue, submitted by Patscheck/Hackbarth Development Company. (0602-01 AGREE IMPR) RESOLUTION NO. 87-017 A RESOLUTION OF THE CITY COUNCIL OF THE CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT IMPROVEMENT SECURITY FOR DR 84-12 CITY OF RANC~O AGREEMENT AND C8. Approval of Improvement Extension Agreement for Tract 12650-1 located on the east side of Haven Avenue, north of Hillside Road, submitted by The Deer Creek Company. (0602-01 AGREE EXTN) RESOLUTION NO. 87-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION P~REEMENT AND IMPROVEMENT SECURITY FOR TRACT 12650-1 C9. Approval of Improvement Extension Agreement for Tracts 12590-2 and 12319 (Bridges) located in Tetra Vista Planned Community, submitted by Lewis Homes of Californla. (0602-01 a3REE EXTN) RESOLUTION NO. 87-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO O3CAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACTS 12590-2 AND 12319 (BRIDGES) C10. Jon I/L) Acceptance of Real Property Improvement Contract and Lien Agreement from and Laurie Dietz for 7908 Sierra Vista (AFN 207-082-30). (0602-01 AGREE RESOLUTION NO. 87-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA. ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JON AND LAURIE DIETZ, FOR 7908 SIERRA VISTA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME City Council Minutes January 21, 1987 Page 3 Cll. Approval of Real Property Improvement Contract and Lien Agreement and Par- (9) cel Map 10366 located on 9th Street, east of Hellman Avenue, submitted by & Sterling Kincaid. (0602-01 ~GREE I/L) (1002-09 MAP PARCEL) (10) RESOLUTION NO. 87-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 10366 (TENTATIVE PARCEL 10366) RESOLUTION NO. 87-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCMO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN ~REEMENT PROM STERLING KINCAID, FOR PAR- CEL 1 OF PARCEL MAP 10366 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME C12. Approval of Contract (CO 87-07) for the Archibald Avenue improvements at (11) the Atchison, Topeka and Santa Fe Railroad Crossing, north of Eighth Street, to Bruce Paving Company for the amount of $79,551.00 to be funded by Systems De- velopment. (0602-01 CONTRACT) C13. Release of bonds and file notice of completion: (0602-01 BOND RELEASE) (0704-18 NOT COMFLT) DR 83-10: Certificate of Deposit (Street) $33,630.00 (12) RESOLUTION NO. 87-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CliO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 83-10 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLE- TION FOR THE WORK Tract 12305: Maintenance Guarantee Bond (Street) $2,400.00 (13) Tract 10047: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) $347,000.00 $34,700.00 (14) RESOLUTION NO. 87-024 A RESOLUTION OF THE CIT"f COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10047 AND AUTHORIZING THE FILING OF A NOTICE OF COM- PLETION FOR THE WORK Tract 9540: Maintenance Guarantee Bond $2,100.00 (15) Tract 10762: Maintenance Guarantee Bond $8,225.00 (16) C14. Approval of a Partial Release of Real Property Improvement Contract and (17) Lien Agreement, submitted by BCE Development, Incorporated for Parcel 1 of Par- cel Map 9955. (0602-01 ~REE I/L) RESOLUTION NO. 87-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, OF A PARTIAL R~EASE OF A REAL PROP- ERTY IMPROVEMENT CONTRACT AND IMPROVEMENT a~REEMENT FOR PAR- CEL 1 OF PARCEL MAP 9955 C15. Approval to accept improvements into the Maintained Street System. release (18) Bonds and authorize the City Engineer to file a Notice of Completion for the Improvement of A3:chibald Avenue Sidewalks from Foothill Boulevard to Baseline Road. (0602-01 BOND RELEASE) (0704--18 NOT COMPLT) City Council Minutes January 21, 1987 Page 4 (19) RESOLUTION NO. 87-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ARCHIBALD AVENUE SIDEWALKS, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C16.Approval of Agreement for Installation of Public Improvements and Dedica- tion between Bank of America National Trust & Savings Associations Trustee of the Vera Tolstoy Trust and Conservator of the Andray Tolstoy Estate and the City of Rancho Cucamonga for Street Frontage at 9686 Hillside Road. (0602-01 ~I~REE PI) RESOLUTION NO. 87-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLA- TION OF PUBLIC IMPROVEMENT AND DEDICATION PROM THE BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION AS THUSTEE OF THE VERA TOLSTOY TRUST AND CONSERVATOR OF THE ANDRRV TOLSTOY ESTATE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME (20) C17. Approval of Amendment to Lien Agreement dated May 8, 1986, by and between the City of Rancho Cucamonga and Paul F. and Cheryl A. McMichael to increase the construction cost by an amount not to exceed $4140.00 for the purpose of constructing a variable height retaining wall. (0602-01 AGREE LIEN) (21) (22) (23) (24) <25) RESOLUTION NO. 87-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CHCAMONGA, CALIFORNIA, ACCEPTING AN AMENDMENT TO LIEN AGREE- MENT DATED MAY 8, 1986, BY AND BEIWEEN PAUL F. AND CHERYL A. MC MICHA~Z AND THE CITY OF RANCHO C~CAMONGA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME C18. Approval to award the Bid for Construction of Traffic Signals at three locations, more specifically the intersection of 9th Street and Archibald Ave- nue; Amethyst Street and Basellne Road, and A/ta Cueate and Baseline Road to the lowest responsible bidder Paxin Electric of Lancaster, California, in the amount of $142,586.00 to be funded from Systems Development. (0601-01 BID) C19. Approval of sale of 6th Street and Buffalo Avenue Property (AFN 229-261-6~ by the City of Rancho Cucamonga to the Tetraden Corporation of Redondo Beach, California for an amount of $78,000.00. (1002-00 PROPERTY) C20. Approval to purchase Television/Video monitor and stand in an amount not to exceed $800.00. Equipment to be used for information resource, training and community presentation purposes. (0606-01 EQUIP L/P) C21. Approval of Insurance Certificate Requirement for Public Works and Build- ing Permits. (0401-15 INSURANCE) C22. Approval of Resolution modifying Planning Commission Action - Environmen- tal Assessment and Tentative Tract 10349 - Walton. (1002-09 MAP TEN) RESOLUTION NO. 87-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO O3CAMDNGA, CALIFORNIA, MODIFYING PLANNING COMMISSION RESOLU- TION NO. 86-170 CONDITIONALLY APPROVING TENTATIVE TRACT 10349 AND THE DESIGN REVIEW THEREOF (26) C23. Approval of amendment to Exhibit A of Reimbursement Agreement (CO 86-033) pertaining to Housing Set Aside Funds. (0602-01 AGREE REIM) City Council Minutes January 21, 1987 Page 5 C24. Approval to commence student intern program to assist with Geographic In- (27) formation System set-up and mapping; this activity is funded through the con- tract service account in the applicable assessment districts and will not ex- ceed $2500.00. (0504-02 STUDENT IN) C25. Approval of Professional Services Agreement (CO 85-066) Amendment between (28) the City and VL Systems, Inc., to modify and provide time extension of mapping contract. (0602-01 CONTRACT) C26. Set public hearing - February 18, 1987 - Approval of intention to annex (29) Tract Nos. 10827, 10827-1, 10827-2 and 10827-3 as Annexation No. 29 to Land- scape Maintenance District No. 1. (0401-03 LANDSCAPE MD) RESOLUTION NO. 87-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER' S REPORT FOR ANNEXATION NO. 29 TO LANDSCAPE MAINTENANCE DISTRICT NO. i RESOLUTION NO. 87-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN AS- SESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 29 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSU- ANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO MOTION: Moved by Buquet, seconded by King to approve Motion carried unanimously 5-0. the Consent Calendar. D. CONSENT ORDIMANCXS NO ITEMS SUBMITTED ****** PUBLIC mwTNGS El. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86-04A - CITY OF RANCHO (30) CUCAMONGA - An application to amend the land use element of the General Plan as follows: Staff report by Alan Warren, Associate Planner. (0203-03 GP AMEND) a. (Parcels a.1 and a.2) - Five acres of land, 260 feet to 660 feet west and 280 feet to 585 feet north of the northwest corner of Haven and Highland Avenues, APN 201-262-28, portion of 30, 201-262-31, 41, 43, 201-262-01 through 25 from Medium Residential (8-14 dwellings/acre) to Low Medium Residential (4-8 dwelling Units per acre); and b. (Parcel b) 1.55 acres of land on Haven Avenue 665 feet north of Highland Avenue, APN 201-262-36, 37, from Medium Residential (8-14 dwelling units/acre to Office; and c. (Parcel c) 3.90 acres of land at the northwest corner of Haven Avenue end Highland Avenue, south of the future realignment of Highland Avenue, APN portions of 201-262-30, 31, and 40 from Medium Residential (8-14 dwel- ling units/acre) to Office; and ENVIROI~4ENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 86-08 - CITY OF RANCHO CUCAMONGA - An application to amend the Development District Map as fol- lows: (0203-09 DD AMEND) City Council Minutes January 21, 1987 Page 6 a. (Parcel a.1 and a.2) Five acres of land, 260 feet to 660 feet west and 280 feet to 585 feet north of the northwest corner of Haven and Highland Avenues, APN 201-262-28, portion of 30, 201-262-31. 41, 43 201-262-01 through 25 from '~M" (Medium, 8-14 dwelling units/acre) to "OP" (Office/Professional); and b. (Parcel b) For 1.55 acres of land on Haven Avenue 665 feet north of Highland Avenue, APN 201-262-36, 37, from '~" (Medium, 8-14 dwelling units/acre) to "OP" (Office/Professional); and c. (Parcel c) 6.2 acres of land at the northwest corner of Haven Avenue and Highland Avenue, south of the future realignment of Highland Avenue, APN portions of 201-262-30, 31 and 40 from "M" (Medium, 8-14dwelling units/acre) to "OP" (Office/Professional). Mayor Stout opened the meeting for public hearing. Addressing Council were: Don Clurman, applicant, stated he had been before Council before. The last time they were before Council, they requested that the entire site be des- ignated Neighborhood Commercial. At that meeting, he told Council that he had met with the homeowners of the Garden Apartment Condominiums and recog- nized that the homeowners had certain needs. They indicated to Council that they would be acceptable to certain uses which were not Neighborhood Commercial. On Parcel A they would be acceptable to low medium housing as a buffer to the future Highland Avenue alignment. On Parcel B, it was the Council's and Planning Commission's decision that the best use would be Of- fice because it was on Haven Avenue. In a meeting with the homeowners, they discussed providing them with security gates as accesses onto their property and providing berms between Parcel B and the existing condomtni- ums. He believed the real concerns now were with Parcel C. They have tried to be as sensitive as possible to the homeowners. However, they did not see that an Office Use would be real usable at that site for many years to come. Jim Wood, partner with Mr. Clurman in this project frumKanick and Wood De- velopment Company, 6615 Pacific Coast Highway, Long Beach, stated they were looking for tenants for this shopping center which would be more conven- ience service types. Stanley Allen. representing the sellers of the property, Allen Development Company, which is a family partnership. The Garden Apartments were one of their projects. They left the 1.5 acres on Haven Avenue as a buffer zone twenty-five years ago because they felt there was too much traffic on Haven Avenue, and they wanted to buffer the apartments. Craig Justice, 6330 Haven, resident of the Garden Apartments, stated they were opposed to changing this site to Neighborhood Commercial. They de- sired to keep this designated as Office. Stave Kellogg, 6340 Haven, resident of the Garden Apartments, felt the items listed by the developer would be acceptable under Office such as card shops, etc. He did not want to see liquor stores at this site. He did not feel that the developer had been sensitive to their needs. Their property lines have never been accurately shown on many of his drawings until the City Planning Commission meeting. He had never met with Mr. Clurman although he was their spokesperson. George Godlin, 6344 Haven, resident of the Garden Apartments, felt the will of the people was clear, and they were against the Neighborhood Commercial designation for this site. Floyd Allen, 6402-A Haven, stated his unit would be more affected by the development on Parcel C. City Council Minutes January 21, 1987 Page 7 Mr. Wood stated his desire was to come up with a zoning between Office and Neighborhood Retail. It is not their intent to put in a 7-11 Store or Liquor Store. They are looking for service and convenience uses. There being no further public input, Mayor Stout closed the public hearing. Councilman King expressed that he did not feel that Office was appropriate on Parcel C. The entire parcel should be residential. Or if there was a strong feeling that residential was not the best use along Haven at the future freeway right-of-way, then much of the problem of an appropriate use could be worked out with a development agreement whereby the Cit7 and individuals who live on Parcel A could guarantee themselves of a very soft commercial use. Councilweman Wright stated that at the last meeting on this item, it seemed that on Parcel C it was either apartments or neighborhood commercial. At that time she indicated she was opposed to apartments and so neighborhood commercial seemed to be the logical option. She had done more study on the proj act, and now has several concerns, one of them being the access onto Highland if this were Neighborhood Commercial. She would lean toward the Office designation, but if there were some type of development agreement that could be done, then she would want to give that a chance. Cooncilwo~an Brown concurred with Councilman Buquet and would like to see a specific plan for this area if this were designated Office and concurred with Councilman King that she would like to see Parcel B left as residential. Mayor Stout stated that he noticed in the initial uses which were proposed, there were six of those which would fit into the office category. There were a number of different uses which would be soft uses which would get you out of the commercial use. Councilman Buquet preferred to leave 'the designation as medium and allow developers the option to come in with a plan for the entire area. Mr. Clurman stated that he would be acceptable to that. The City Attorney stated that if Council is not willing to go commercial with- out a development agreement, then what we would do is process a General Plan change to which the development agreement would be compatible. The development agreement would take two readings of an ordinance. Then they have to sign the development agreement, even if it is approved. This is a long process; they have to be almost site construction ready to get a development agreement to as- sure Council of what they are getting unless you want a less specific develop- ment agreement. You have to be at the point of a second reading of an ordi- nance to reconsider the General Plan change to designate this commercial, all of which will have to go through the Planning Commission. MOTION: Moved by King to approve the recommendation of the Planning Commission that Parcel C be designated Office and as a declaration of intent that a use more intensified than Office could be appropriate as long as it is a soft Com- mercial. Motion died for lack of a second. Mr. Markman stated that what Mr. King was suggesting was a potential doubling up of two General Plan land use amendments on this matter. Council only is allowed four of these amendments in a calendar year. This could present a problem to other projects. What he suggested was to have a motion to approve the General Plan Amendment suggested by the Planning Commission by adopting the Resolution, first reading of the zoning ordinance, end then come back and do a portion of this over this year. Council will have taken 50% of the land use changes out of the process. Mayor Stout asked if this could be combined with others. Mr. Markman responded only if there was some logical connection. City Council Minutes January 21, 1987 Page 8 Mr. King suggested that we send this back to the Plannlng Commission for them to take a look at. Mr. Buquet responded that he felt too many people we getting kicked around in the process and having to attend a lot of meetings. He felt the best thing would be to obtain an assurance from the appellant that the/ wanted to put things on hold in order to allo~ them to come back with some sort of specific plan for the site that wl/1 give Council the "soft" commercial. Then the Coun- cil could look at the information received, and if it was what Council wanted, then it could go through the formal approval process. Mr. L~m stated that the gist of Mr. Markmanes comments were so that everyone would realize that regard/ass of which way you go, there is a great time line in getting any of this done. The appllcant needs to understand that this may take six months before it comes back to Council. Mr. Kroutil stated we have two applicatlons pending: the one before the City Council tonight which is a City initiated application which the City can take as long as it wishes to act on that application, and the other one by Mr. Clurman which will come up in two weeks. Mr. Markman stated the Council has to be satisfied with the General Plan desig- nation. Someone can enter into a development agreement° but you can't tie them to that on the General Plan designation; you can't lock the property in. You can't lock the uses in without. in essence, giving a General Plan designation that a successor in interest or someone comes along, could meet all the crite- ria. and run with it. Council must be satisfied that Parcel C is properly des- ignated in the General Plan. Anything that you designate within that range may be a project on that site. NOTION: Moved by Buquet to continue so the applicant can come back with a spe- cific plan for this site. Motion died for lack of a second. NOTION: Moved by King, seconded by Wright to continue for two weeks. At that time, the Councll will act on this application with Parcel C designated as Of- fice or it will remain as medium. After further discussion, Councilweman Wright withdrew her second. NOTION: Moved by Stout, seconded by Wright to approve the Plannlng Commls- sion~s recommendation approvlng the General Plan Amendment and the Development District Amendment as folla~s: Parcel a. 1 and a.2 (total of 5 acres): approve General Plan and De- velopment District amendments from Medium Residential to Low-Medium Residential. b. Parcel b (1.55 acres): approve General Plan and Development District amendments from Medium Residential to Office. c. Parcel c (3.90 acres): approve General Plan and Development District amendments from Medium Residential to Office. Motion carried by the following vote: AYES: Brown, Stout, King, Wright NOES: Buquet NOTION: Moved by Stout, seconded by Wright to approve Resolution No. 87-032. Motion carried by the following vote: AYES: Brown, stout, King, Wright NOES: Buquet City Council Minutes January 21, 1987 Page 9 RESOLUTION NO. 87-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 86-04A, AMENDING THE LAND USE ELEMENT OF THE RANCliO CUCAMONGA GENERAL PLAN PROM MEDIUM DENSITY RESIDENTIAL (8-14 DU/AC) TO OFFICE FOR 3.9 ACRES, OFFICE FOR 1.55 ACRES, AND LOW-MEDIUM FOR 5 ACRES OF LAND LOCATED AT THE NORTHWEST COR- NER OF HIGHLAND AVENUE AND HAVEN AVENUE - APN 201-262-28, 30, 31, 36, 37, 40.41, 43 AND 201-263-01 THROUGH 25 City Clerk Authelet read the title of Ordinance No 306. ORDINANCE NO. 306 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM MEDIUM "M" (8-14 DU/AC) TO LOW MEDIUM "LM" (4-8 DU/AC) FOR 5 ACRES TO OFFICE PROFESSIONAL "OP" FOR 6.2 ACRES, OF- FICE PROFESSIONAL "OP" FOR 1.55 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF HIGHLAND AVENUE AND HAVEN AVENUE - APN 201-262-28, 30, 31, 36, 37, 40, 41, 43, AND 201-263-01 THROUGH 25 MOTION: Moved by Stout, seconded by Wright to waive full reading of Ordinance No. 306 and set second reading for February 4th. Motion carried 4-0-1 (Buquet no). Mayor Stout called a recess at 8:50 p.m. with all members of Council present. The meeting reconvened at 9:10 p.m. E2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT86-O2A - BARMAKIAN- A request to amend the Land Use Map of the General Plan from Lo~ Medium Density Residential (4-8 du/ac) to Neighborhood Commercial for approximately five acres of land located at the northwest corner of Base Line and Etiwanda - APN 227-111-24, 25 and 26. (0203-03 GP AMEND) ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 86-01 - BARMAKIAN- A request to amend the Etiwanda Specific Plan from CS (Community Service) and LM (Low Medium Density Residential) to NC (Neighborhood Commer- cial) for 9.4 acres of lend located at the northwest corner of Base Line and Etiwsnda - APN 227-111-10, 24, 25 and 26. (0203-05 ESP AMEND) Mayor Stout announced that he had received a request from the applicant to con- tinna the ite~ to February 4th. There were a number of people present who were interested in this item so the meeting should be opened for public hearing. Mayor Stout opened the meeting for public hearing. Addressing Council were: Dave Rends, 5444 Hellman, stated he was disturbed because it took about 90 seconds to continue the item, and it took an hour and forty-five minutes for the first hearing. It would have been nice if Council had stated there was a possibility of continuance so the people present for the item could have been dismissed. Jeri Kearney, 6594 Dogwood, stated she would like to see the shopping cen- ter proposed for Victoria put there. She presented the City Clerk with petitions supporting the Victoria shopping center. There being no further public response, Mayor Stout closed the public hearing. City Council Minutes January 21, 1987 Page 10 (32) <33) MOTION: Moved by King, seconded by Buquet to continue this item to February 4, 1987. Motion carried unanimously 5-0. RESOLUTION NO. 87-033 A RESOLUTION OF THE CI1"f COUNCIL OF THE CITY OF RANC~O CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 86-02A, RB~UESTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE RANC~O C~CAMONGA GBNERAL PLAN FOR 9.4 ACHES OF LAND LO- CATED ON THE NORTHWEST CORNER OF BASELINE ROAD AND ETINANDA AVENUE RESOLUTION NO. 87-03 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC~O CUCAMONGA, CALIFORNIA, DENYING ETIWANDA SPECIFIC PLAN AMEND- MENT 86-01 REQUESTING A CHANGE IN THE ETIWANDA SPECIFIC PLAN DESIGNATION FROM COMMUNITY SERVICE TO NEIGHBORHOOD COMMER- CIAL FOR 9.4 ACHES OF LAND LOCATED ON THE NORTHWEST OORNER OF BASE LINE AND ETIWANDA E3. CONSIDERATION OF REORGANIZATION AND REDIRECTION OF ADVISORY COMMISSION ENABLING ORDINANCE The City Council Advisory Commission subcommittee will present potential modifications to the Advisory Commission Enabling Ordinance. Staff report by Robert Rizzo. Assistant City Manager. (0701-01 COMMISSION) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilman Buquet stated both he and Councilwoman Brown had met a number of times; they also met with a subcommittee of the Advisory Commission and went through the proposed revisions to the ordinance. He went over the ordinance. Mayor Stout stated that one of the fallacies in the Advisory Commission was that there was a feeling at the beginning of the City that most issues were geographically oriented. Most of the problems in the City today are issue oriented. not geographically oriented. He felt these changes would make the Advisory Commission much more veinable to the City Council. Councilwoman Wright felt that because of the constraints put on the CAC by the Council, it prohibited their interaction with the public at their meetings. Councilman King felt only one person from each of the three communities was too few; there should be a larger representation from the three communities. He also felt that Section B in the present ordinance should be included in the new ordinance. City Clerk Authelet read the title of Ordinance No. 307. ORDINANCE NO. 307 (first reading) AN ORDINANCE OF THE CITY COUNCIL OFT HE CITY OF RAN(]tO CUC~NGA, CALIFORNIA, CHEATING AN ADVISORY COMMISSION TO ACT IN AN ADVISORY CAPACITYTO THE CITY COUNCIL AND PLANNING COMMISSION NOTION: Moved by Brown, seconded by King to waive full reading of Ordinance No. 307 and set second reading for February 4th. Motion carried unanimously · , · , , E4. NON-EXCLUSIVE COMMERCIAL AND INDUSTRIAL REFUSE COLLECTION PERMIT - Consid- eration of matter of issuing a non-exclusive commercial and industrlel City Council Minutes January 21, 1987 Page 11 refuse collection permit pursuant to Section 66757 of the California Government Code and Chapter 8.18 of the Rancho Cucamonga Municipal Code. Permit appli- cant: Rosta Hauling. Staff report by Robert Rizzo, Assistant City Manager. (1170-04 REFUSE) Mayor Stout opened the meeting for public hearing. Addressing the Council were: Joe Rosta, o~ner of Rosta Hauling, asked Councll for consideration of a franchise or at least a longer time to phase out. This wou~d present a hardship on him. Gary Rosta, son and partner for Rosta Hauling, stated they have been doing business in the City since 1979 and has had a County permit. He opposed the Couacil's position and felt they should be a11c~ed to continue working in Rancho Cucamonga. There being no further public input, Mayor Stout closed the public hearing. Councilman King felt any franchise is appropriate, but that perhaps there would be some reasouable resolution whereby the Rosta's could continue to service for a limited period of time those remaining accounts that he has which will pro- vide him a winding down period. The insurance issue could be dealt with appro- priately to comply with those minimum regulations that we require. The City Attorney stated there were three legal options: (1) Grant him a franchise; The applicant then would be on the same footing. He would have to comply with adl the standards, insurance, trucks, mainteuance, and pay the franchise fee, and be subj act to rate reg- ulations which would put him on the same competitive footing as the other haulers. (2) Amend ordinance grandlathering him and two others in the same position for a period of time acceptable to Council; or (3) Direct staff to terminate his operation. Councilman Buquet has had concerns about some of the equipment which is used by this company. MOTION: Moved by King, seconded by Wright to entertain a motion to amend the refuse ordinance to add a grandlathering clause which allows individuals the ability to serve present accounts only and must comply to the present provi- sions of the franchise agreement which is exclusive and non-transferrable and be retroactive to June 1986 and from that date it be a period of two years. Motion carried 4-0-1 (Buquet no). MOTION: Moved by King. seconded by Brown to deny the franchise request. Mo- tion carried unanimously 5-0. Councilman Buquet requested that staff bring forth amendments to the ordinance to limit the franchise to the three companies. Mayor Stout called a recess at 10:30 p.m. with all members of the Council present. NO ITEMS SUBMITTED The meeting reconvened at 10:45 p.m. F. I~BLIC City Council Minutes January 21, 1987 Page 12 (34) G. ~KT~ NANAG~R" S STAFF P, EPOETS G1. APPROVAL OF RESOLUTIONS FOR ASSESSMENT DISTRICT 86-2 - RANCHO CUCAMONGA DRAINAGE ASSESSMENT DISTRICT (CO 87-09) - Consideration of Amendment and chang- ing designation of Assessment District 86-01 to Assessment District 86-02 and setting of public hearing. Staff report by Jerry Fulwood, Assessment Revenue Coordinator. (0401-03 AD 86-2) MOTION: Moved by King, seconded by Buquet to approve Resolution No. 87-035 through Resolution No. 87-042, excluding Resolution No. 87-036. Motion carried unanimously 5-0. RESOLUTION NO. 87-035 A RESOLUTION OF THE CITY COUNCIL CUCAMONGA, CALIFORNIA, A~NDING (ASSESSMENT DISTRICT NO. 86-2) OF THE CITY OF RANCH0 ASSESSMENT PROCEEDINGS RESOLUTION NO. 87-036 (not passed) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC~tO CUCAMONGA, CALIFORNIA, AUTHORIZING E3~EO3TION OF ACQUISITION AND FINANCING ~REE~TH (ASSESSMENT DISTRICT NO. 86-2) RESOLUTION NO. 87-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCMO O3CA~NGA, CALIFORNIA, MENG DETERMINATIONS THAT CONSTRUC- TION OF IMPROVEMENTS BY CERTAIN PROPERTY OWNERS HAS BEEN SUBSTANTIALLY COMFLETED (ASSESSMENT DISTRICT NO. 86-2) RESOLUTION NO. 87-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANQaO ~JCAMDNGA, CALIFORNIA, AMENDING RESOLUTION OF INTENTION NO. 86-93; DEf~-ARING INTENTION TO ORDER THE CONSTRUCTION AND AC- QUISITION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENAN- CES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DE~ARING THE IMPROVE- MENTS TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIB- ING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS RESOLUTION NO. 87-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCI{O CUCAMONGA, CALIFORNIA, PASSING AND GIVING PRELIMINARY AP- PROVAL TO THE REPORT OF THE ENGINEER OF WORK AND APPOINTING A DATE° TIME AND PLACE FOR PUBLIC HEARING (ASSESSMENT DIS- TRICT NO. 86-2) RESOLUTION NO. 87-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC~O CUCAMONGA, CALIFORNIA, REFERENCING PREVAILING W~E SCALE AND CALLING FOR CONSTRUCTION BIDS (ASSESSMENT DISTRICT NO. 86-2) RESOLUTION NO. 87-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, AUTHORIZING N~OTIATIONS FOR SALE OF BONDS TO BE ISSUED TO REPRESENT UNTAID ASSESSMENTS UPON LANDS IN A SPECIAL ASSESSMENT DISTRICT (ASSESSMENT DISTRICT NO. 86-2) City Council Minutes January 21, 1987 Page 13 RESOLUTION NO. 87-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAICING DESIGNATIONS AND APPOINTMENTS TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS G2. HUNTERS RIDGE SPECIFIC PLAN- CITY OF FONTANA - City Council review of (35) land use alternatives for the Hunters Ridge Specific Plan on 567.6 acres of land within the City of Fontana, located on the north side of Summit Avenue, east of San Sevaine Creek, west of Devote Freeway. Staff report by Otto Kroutil, Senior Planner. (0203-05 PLAN DEVEL) Addressing Council were representatives from Fontana: Mike Nyan, with the Planning Center hired by Fontana, to prepare documents for the project. Re presented an overview of the three alternatives. He e~phas~zed why alternative two was their preferred one. Me wanted to hear Coumcil's concerns which will be addressed in the EIR. Mr. Kroutil gave some of the key recommendations of On page 327 of the Agenda Packet were some specific Commission. They concurred that Alternative two plans. Concerns of the Planning Commission were: the Planning Commission. requests by the Planning was the best of the three On both the south and in the sphere of influence there were very low densities of one-half lots. This will create problems because it will bring in sewers, intensities of development which will be incompatible and not an extension of our planning efforts. The Planning Commission has asked that the lower one-third densities be reduced. 2. That buffering take place along Summit Avenue and additional open space to soften the transition visually. 3. Eliminate apartments along the 1-15 freeway. Provide adequate equestrian facilities and improvements in and or ad- jacent to the upper utility easement. The facilities should be an in- tegral part of the regional trail system. Provide adequate edge treatment with open space and landscape setback along San Sevaine Wash. A trail along this edge would also be appro- priate. 6. An east-west route across San Sevaine Wash and the property as pro- posed by the West Valley Foothills Community Plan is not desirable. Councilman King stated that if we get rid of the utility corridors, the slope at 26 and above, and 10.4 school site, it seems that the land you are actually building on would be densities of 9 units per acre. He felt that was very high for that area. He felt the densities should be cut. Mr. Nyan responded that the criteria that they had to stay within was that it be on average 4 dwelling units per growth acre. Reid Florey, contracting employee with City of Fontana and Project Engi- neer, stated their City Council has not reacted to these Alternatives. The County's Foothill Plan at its maximum would result in up to 2700 units on this site. This served as the basis for the settlement agreement with all agreeing that not more than 2400 units would be placed on this site; that was given to the consultants as the basic direction. Their Planning Com- mission has also found that the high intensity may be inconsistent and has asked their City Council to look at the alternatives. City Council Minutes January 21, 1987 Page 14 (36) (37) Mayor Stout felt the Planning Commiesion comments should be adopted by the Council. ACTION: Directed staff to draft a letter for the Mayor's signature with Council's concerns to the City of Fontand. the G3. CONSIDERATION OF APPROVAL OF AGREEMENT (CO 87-10) SECURING PERFORMANCE OF CONDITIONS OF DEVELOPMENT - EXTERIOR OF CINEMA BUILDING (VIRGINIA DARE CENTER PROJECT). Report by James Markman, City Attorney. (0602-01 CONTRACT) Mr. Markman referred to a two-page letter of agreement before him. The developer of Virginia Dare has stuccoed the building without providing for a reveal or indentation due to some administration on the part of the developer. In the meantime, we have temporarily allowed the theater to operate, but have not turned on the heat because they are not entitled to a permanent certificate of occupancy which is our assurance that they will meet this condition. We have negotiated a substitute form of assurance from the developer which will preclude occupancy on numerous other lots with the Virginia Dare Development until the condition disappears as modified, or they comply with it. It will cost them about $80.000 to comply. Mr. Markman further stated that we were asking to approve the letter of agreement authorizing the mayor to sign when the developer has caused ell other building conditions related to the Cinema to be complied with. Mr. Markman stated there were three items identified by the Building & Safety Department which remain to be done as follows: signing, stripping on the stairways, and the raves/. NOTION: Moved by Stout, seconded by Wright to approve the Agreement and au- thorize the Mayor to sign the agreement once the three concerns named above were completed. Motion carried unanimously 5-0. H. a38~ISSION BUSINESS NO ITEMS SUBMITTED I. OOUNCIL BUSINESS I1. CONSIDERATION OF CREATING A PUBLIC SAFETY COMMITTEE TO BE DISCUSSED AT THE CITY COUNCIL MEETING OF JANUARY 21, 1987. (CONTINUED FROM 01/07/87 MEETING). (0701-01 COMMITTEE) MOTION: Moved by King, seconded by Wright to prepare documents to set up the Public Safety Committee. Motion carried unanimously 5-0. , · · , · I2. REQUEST FOR A JOINT MEETING BETWEEN THE SCHOOL DISTRICTS IN THE CITY OF RANCHO CUCAMONGA AND THE CITY COUNCIL. (0100-00 ADMIN) MOTION: Moved by King, seconded by Brown to set February 19th at 7:30 p.m. for the meeting and to appoint a Subcommittee consisting of Councilmembers King and Wright to meet with City Manager to come up with an Agenda. Motion carried unanimously 5-0. ****** City Council Minutes January 21, 1987 Page 15 THERE WERE NONE. MOTION: Moved unanimously 5-0. Approved: J. COI~I~ICATIONS FRO~THE PUBLIC ****** by King, seconded by Brown to adjourn. The meeting adjourned at 12:15 a.m. Respectfully submitted, Beverly A. Authelet City Clerk March 18, 1987 Motion carried