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HomeMy WebLinkAbout1986/02/19 - Minutes February 19, 1986 CITY OF RANCHO CUCAMONGA CITY COUNCIL Regular Meeti~2 i. CALL TO ORDER A regular meeting of the City Council of the City of l~ncho Cucamonga mec on Wednesday, February 19, 1986, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. Due to the absence of Mayor Jon D. MikeIs, a motion was made by King, seconded by Wright co appoint Charles J. BuqueC II as Chairperson of the meeting. The meetinS was called co order at 7:40 p.m. by Chairperson Buquet. Present were Councilmembers: Pamela J. Wright,' Charles J. BuqueC II, and Jeffrey King. Also present were: City Manager, Lauren M. Wasserman; Deputy City Clerk, Debra Adame; City Attorney, James Markman; Assistant City Manager, Robert Commenit7 Development Director, Jack Lam; City Planner, Brad Bullet; Engineer, Lloyd Rubbs; CommUnity Services Director, Bill Holley and Administrative Services Director, Jim Hart. Absent: Mayor MikeIs and Councilmember Dah[. 2. ANNOUNCEMNMTS/PRESt~NTATIONS 2A. Thursday, February 20, 1986 - 7:30 p.m. - PARK DEVELOPMENT COMMISSION - Lions Park Community Center, 9161 Base Line Road. 2B. Wednesday, February 26,198~ -7:00 p.m. -PLANNING COMMISSION -Lions Park Community Center, 9161 Base Line Road. 2C. Thursday, February 27,198~ - 7:30 p.m. - JOINT ADVISORY COMMISSION/CITY COUNCIL MEETING - Lions Park Community Center, 9161 Base Line Road. 2D. Presentation of a Proclamation Co the American Cancer Society proclaiming April 3 - 5, 1986, as '*Daffodil Days". 2E. Councilman King requested the meeting adjourn Co an Executive Session Co discuss liability insurance and pending litigation. 3. CONSIST CAY.vmDAR 3A. Approval of' Warrants, Register Bo*s. 2-1~-8~ and Payroll endins 2-2-8~ for the total amount of 3B. Approval to forward Claim (CLg~-10) against the City by Gloria J. Preston (]) Pierce for automobile damage on Haven, near Feothill, co insurance carrier. (070~+-06 CLAIM). 3C. Approval to forward Claim (CL86-11) against the City by Call T. Edwards for (2) automobile damage on Archibald and Feron, to insurance carrier. (0704-06 CLAIM). 3D. Approval to forward Claim (CL86-12) against the City by Arou Kliewer for (3) automobile damage on Rancbo St., co insurance carrier. (O70~+-O6 CLAIM). 3E. Approval of Improvement Agreement and Improvement Security for D. R. 85-06 located on the north side of Arrow Route, 350 feet west of Haven Avenue, submitted by Lincoln Ranch, a California Lidted Partnership. (0602-O1 AGREE I MPROV EMEN T), City Council Minutes February 19, 1986 Page 2 (5)(6) (7) (8) (9) ('~o) (12) (~3) RESOLUTION NO. 86-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOIINIA, APPROVING IMPROVEMENT ~I;REEMEltT AND IMPROVENENT SECURITY FOR DEVELOPMEET REVIEW NO. 85-06 3F. Approval of Improvement A~reemenC and Improvement Security for Tract No. 10046 submitted by Lewis Homes, a general partnership, and releasing the Improvement Agreement and Improvement Security submitted by The Artden Group, a general partnership, for Tract No. 10046, located on the north side of Hillside Road, east of Archibald Avenue. (0602-O1 AGREE INPROVEHENT) (0602-01 BOND RRLt~,SE). RESOLUTION NO. 86-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT HO. 10046 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY APPROVED BY COUNCIL ON DECEMBER 5,198~ 3G. Approval of personnel modifications within Administrative Services Department. (0502-02 PERSONNEL). 3B. Appxoval of Transfer of . Residentiel. Refuse Collection Permit in Service Area One to Rancho Disposal Service Incorporeted. (1170-04 REFUSE). 31. Approval of appeal of Planning Commission Conditions of Approval - Development Review 85-28 - Haven Avenue Food Court. (Item removed for discussion - see below) (1002-08 DEVELOP REVIEW). RESOLUTION NO. 86-38 A RESOLUTION OF THE CITY COUNCIL OF TUB CITY OF RANCHO CUCAMONGA, CALIFORNIA, NODIFYING PLANNING COHMISSI08 RESOLUTION 86-06 CONDITI08S OF APPROVAL FOR DEVELOPMENT REVIEW 85-28, HAVEN AVENUE FOOD COURT, LOCATED WITHIN THE VIRGIEIA DARE CENTER AT THE NORTHWEST CORNER OF FOOTgILL AND HAVEW ON APPROXlHATELY 13 ACRES OF LAND IN TEE GENERAL COMMERCIAL (GC) DISTRICT 3J. Approval of a Real Property Improvement Contract and Lien Agreement, release of a previously recorded Real Property Improvement Contract and Lien Agreement and approval of Subordination Agreement submitted by Eric and Denise DumonC for their property located at 12720 Amber Lane. (0602-01 AGREE I/L) (0602-01 I/L RELEASE) (0602-01 AGREE SUBORDINATE) RESOLUTION NO. 86-39 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF PAIeCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEW AGREEMENT FR0el ERIC AND DENISE DUMCNT AND AUTHORIZING THE NAYOR AND CITY CLERK TO SIGN THE SAME RESOLUTION NO. 86-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCEO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPBRTY IMPROVENEWT CONTRACT AND LIEW AGREEMENT FROel ERIC AND DRNISE DUNCeiT RESOLUTION NO. 86-~1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOSGA, CALIFORNIA, APPROVIIeG A SUBORDINATION AGREEMENT FRCel ERIC AND DRNISE DUMONT AND AUTRORIZING TEE NAYOR AND CITY CLERK TO SIGN S~MB 3K. Approval of Common Use Contract (CO 86-031) with County Flood Control District for bridge over Deer Creek at Church Street. City assumes maintenance liabiliCy for bridge through Flood Control rlghCs-of-way. (O602-01 CONTRACT). City Council Minutes February 19, 1986 Page 3 3L. Approval of Tract Map, Improvement Agreement and Security for Tract 10827-1 located between Hermosa and Haven Avenue, south of Wilson Avenue submitted by First Nationwide Network Mortgage Company. (0602-01 AGREE IMPROVEMENT) (1002-O9 MAP FINAL). RESOLUTIO~ NO. 86-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT riO. 10827-1 3M. Approval of Maps, Improvement Agreement and Improvement Securities for (76) Tract Nos. 12726 and 12727 located south of 19th Street and west of Beryl (17) submitted by A-M Company, a California Limited Partnership. (0602-01 AGREE IMPROVEMENT) (1002-09 MAP FINAL). RESOLUTION NO. 86-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES, AND FIliAL MAPS OF TRACT NOB. 12726 AND 12727 3N. Set public hearing - March 5, 1986 - Reprogrammlng of Comtaxnity Development Block Grant Funds. (0203-04 CDBG). MOTION: Moved by King, seconded by Wright to approve the Consent Calendar with the exception of 3I which was requested to be pulled for discussion by Mr. Cbristeson of the Virginia Dare Winery. Motion carried unanimously 3-0-2. (MikeIs and Dahl absent) 31. Approval of appeal of Planning Commission Conditions of Approval - Development Review 85-28 - Haven Avenue Food Court. (1002-08 DEVELOP REVIEW) Mr. Christeson was asked to address the Council regarding this item. He stated that his Architect submitted a letter to the attention of Brad Bullet to clarify item 8 of the approval of Council action 2 weeks ago. He vanted to clear up the matter allowing the Grape Crushing Building to be open to the public for the display of artifacts. He was thinking more along the lines of the artifacts being displayed outside with a plaque describing same. He wanted to leave the service building as a service building. Wanted the Food Court Building to bare 2 doors for public access to the Grape Crushing Building. Councilman King stated that he felt there should be some way the historical significance of the Grape Crushing Building could be preserved. Felt it would add to the project if the building could be left as an historical monument. Mr. Christeson stated he felt there should be a special place where all of Rancho Cucamonga's historical elements could be displayed. Councilman King felt there should be some kind of a holes where the public could view the Grape Crushing entering the building itself. display room with port Equipment, etc. without Mr. Christeach thought the building should stay as a service building as the Historic Preservation Commission had approved Councilwoman Wright asked Mr, Holley whet the Ristoric Preservation Commission intended for the use to be of this building. Mr. Rolley reported that the Historic Preservation Commission wanted it preserved as much as possible. Mr. Bullet stated that be supports ~8 which stipulates that the grape crusher building shall be opened up to public view and winery artifacts displayed. Councilwoman Wright brought up the fact that at the last meeting how she had asked Mr. Cbris~eson if people would be able to view wba~ was in ~be building so they could see what ~he Virginia Dare Winery represented. She asked what would happen if this building was to be a viewing site, what would happen for the need of a service building. City Council Minutes February 19, 1986 Page 4 Mr. ChrisCeson said he would have to design and build a service building. Mr. Glen Gellatly of Bissel Architects addressed the Council. He felt everything had been done to do what the City Council wanted and the amount of money Mr. Cbristeson had put into this project. Chairman Buquet asked if it would be a good idea for staff to get involved again in this before a decision is made by Council due to some of the other Councilsembers being absent; that due to his absence from the meeting when this was last discussed he felt be wasn't very knowledgeable about everything pertaining to this. Councilwoman Wright felt that she would like annabet staff report to Council and that if ~8 was pulled, bow would this affect the total approval of this. Mr. Markman said that you wouldn't have to include ~8, but that it was a total part of the subject matter. Re sueSeated that possibly a public bearing should be set for 3/5/86 for any other input there might be. Due to Councilman Buquet's absence from the last meeting, he really shouldn't vote on the issue tonigbt. MOTI0tq: Moved by Wright, seconded by King to reset for public bearing on March 5, 1986. Mr. Christeson said he opposed this motion; that he was hoping for a decision tonight. He said he would put windows in the building for viewing if that is what the Council wanted. Councilman King withdrew his second. MOTI0iq: Moved by King to modify ~g sn that public viewins from the exterior into the interior of the building is provided for. There was no second because Councilwoman Wright felt it should be continued for the total Council to vote on, MOTION: Moved by Wright to continue to March 5, 1986, seconded by King. Motion carried 2-0-2-1. At 8:30 p.m. Mayor Jon D. Mikels arrived.' MOTION: Moved by King to rescind the last vote, seconded by Wright. Motion carried 3-0-2. At this point, the meeting was turned over to Mayor Mikels. Councilman BuqueC updated Mayor Mikels on the discussion pertaining to this item with additional input from Councilman King. Mayor Nikels asked if the inside of tbe'buildins would bsve to be fortirKed if people would be SoinS inside to view. Councilman KinB said it might be better if public viewing was from the outside because of this possible problem. MOTION: Moved by ling tbat ~8 be modified so that portions of the interior of the buildins be accessible for viewing of the artifacts from the outside of the building. Mr. Markann stated what ~8 should be modified to: "That the Grape Crusher Buildins shall be opened up to public view from the exterior of the building to the interior and winery artifacts approved by the City Planner displayed in the interior to highlight this historic landmark and the heritage of abe Virginia Dare Winery." Councilman King concurred, seconded by Wright. Mr. Christmann wanted it modified to say chat "portions" be open for public view. (Council did not make any comment on this.) Notion carried 3-0-1-1. (Dahl absent, Buquet abstained) City Council Minutes February 19, 1986 Page 5 ~. Ar~VlxmTISIu~ PUBLIC MumraGS 4A. PARK ABD RECREATION LAI~D DEDICATION ORDINANCE AN~DMENT - Proposed amendments to Chapter 16.32 of the Rancbo Cucamonga Municipal Code pertaining to the dedication of Park and Recreation Land as a condition of subdivision. (At the February 5, 1986 meeting, Council directed to continue this item co March 5, 1986.) (1404-05 PARK). ORDIBABCE NO. 105D (first reading) AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCANOBGA, CALIFOBSIA, ANENDING 8UBSECTI08 E OF SECTION 16.32.030 OF TEE RANCEO CUCANONGA NUNIClPAL CODE RELATIVE TO PARg AND RECREATIONAL LAND D~I)ICATION RE~UIRENENTS MOTI08: Moved by Buquet, seconded by Wright to continue item Co March 5, 1986. Motion carried unanimously 4-0-1. (Dahl absent) 4B, TREE PRESERVATIO80RDINiUeCE ANFMDNeiT - Proposed amendments to Chapters (20) 17.08 and 19.08 of the gancho Cucamonga Municipal Code pertaining co the preservation of trees on private propertT. (0203-02 TREES). Mayor MikeIs opened the meeting for public bearing. There being no response, the public hearing was closed. Deputy City Clerk Adams read tbe title Co Ordinance Nos. 275 and 276. ORDINANCE NO. 275 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P.A~CRO CUCAMCgGA, CALIFOPalA, AMENDING CHAffER 17.08 OF THE RA~CRO CUCAMO~CA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ae PRIVATE PROPERTY ORDINANCE NO. 276 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF Pa~CHO CUCAMOBGA, CALIFOENIA, AMENDING CHAPTER 19.08 OF TEE P.A~CHO CUCAMCeGA MUNICIPAL CODE, PERTAINING TO TEE PRESERVATIO8 OF TREES OB PRIVATE PROPBRTY MOTIO8: Moved by Buquet, seconded by Wright to waive full reading of ordinances. Motion carried unanimously 4-0-1. (Dahl absent) MOT10tS: Moved by Wright, seconded by King to adopt Ordinance Nos. 275 and 276. Motion carried 4-0-1 (Dahl absent). , ,.,..,'~r , 4C. RSVIROeM~s~T~T- ASSESSMsNT AND DZVRI. 0PM~MT CODE AM~DNRMT 85-03 - CITY OF RANCRO CUCAMOBGA - An amendment to Title 17, Revisions/Modifications, Section 17.02,070B, Development Review, Section 17.06,010C and 17.06.020C regarding language changes and additions. Staff report given by Brad Bullet, City Planner. (0203-05 DC AMENDMENT). Mayor MikeIs opened the meeting for public bearing. There being no response, the public bearing vas closed. Deputy City Clerk Adame read the title of Ordinance No. 284. ORDINANCE NO, 28Z, (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RABCRO CUCAMOgGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 85-03, AMENDING TITLE 17, REVISICBS/MODIFICATIOeS SECTION 17.020,070B AND NBN APPLICATIOFS FOLLOWING DENIAL OF SECTIOeS 17.060.010G AND 17.060.020G, OF THE MUNICIPAL CODE MOTlOB: Moved by Wright, seconded by MikeIs to waive full reading of Ordinance No. 284. Motion carried unanimously 4-0-1. (Dahl absent) City Council Minutes February 19, 1 986 Page 6 (22) (23) Councilman King did not feel that ordinance should be adopted. He did not fe, the system was being abused. MOTION: Moved by Wright to adopt Ordinance No. 284, seconded by Mikeis for discussion purposes. Mayor MikeIs said be would like Co know when and if tbere are problems with this ordinance so the Council would know of them. He felt there should be an addendum to =be motion. Councilman Buque= asked why this ordinance was necessary. Mr. Bullet sCa=ed =ha~ this ordinance was saying tba~ once you have exhausted coming back for the same revision, that your nex~ step is an appeal - this is saying you have one chance to come back. Councilman King felt tba~ before this is approved, fac~s need to be presented Co show that staff is burdened, since there is no apparent problem at the present time, why change things. Councilman Buquet said he agreed with what Councilman ling said. Mayor MikeIs stated Chat should the motion fail to adopt should monitor =base problems. Re also stated that maybe modified. the ordinance, staff Section 2 should be Mr, Hesserman suggested chat this item be continued to the next meeCing wich a complete staff report given at that time, MOTION: Moved by Wigbt, seconded by BuqueC Co continue item to March 5, 1986 meeting. Motion carried unanimously 4-0-1. (Dahl absent) 4D. STORM DRAIN FEE ORDINANCE A~WXDMmqT - The proposed Ordinance amends the SCorm Drain Fee Ordinance to spli~ =he City into drainage areas with fees to vary with the area. The Ordinance makes other miscellaneous modifications. Staff repor= given by Lloyd Hubbs, City Engineer. (1170-08 FLOOD CONTROL) (0401-012 FEES). Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. Deputy City Clerk Adamo read ~be title of Ordinance No. 286. ORDINANCE NO. 286 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCEO CUCAN(IqGA, CALIFORNIA, AN~IiDING CHAPTER 13.0 8 OF THE RAN=NO CUCAMOUGAMUNICIPAL CODg PgRTAXNIHG TO STORM DRAIIq~%i~E FLANS MOTION: Moved by Buquet, seconded bi lihg Co waive full reading of Ordinance. Motion carried unanimously 4-0-1. (Dahl absent) MOTIaq: Moved by BuqueC, seconded by King Co adopt Ordinance No, 286. Motion carried unanimously 4-0-1, (Dahl absent) Mr. Markman said =here was a suggested modification to Resolution No, 86-34 which read in paragraph 2, near the bottom, after the words "as follows", the words "effective upon =he effective date of Ordinance No. 286", should be added. Council concurred with =his, Deputy City Clerk Adamo read the title of Eesolution No. 86-34. RESOLUTION NO. 86-34 A RESOLUTIOB OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ESTABLISHING AND ADOPTING A FEE SCHEDULE PNRTAINI]C TO THE CONSTRUCTXCN OF PLANNED DRAXN.~E FACILITIES WITHIN THE CI1"/OF RAMCHO CUCAMONCA February i9, 1986 Pa, e g 7 MOTION: Moved by King, seconded by Buquet to approve Resolution No. 86-34 as modified by the City Attorney. Motion carried unanimously 4-0-1. (Dahl absent) 4E. ORDER TEE WORK IN CONNECTIO~ WITa ANNEXATIO~ NO. 2 TO STREET LIGHTING MAINT~ANCE DISTRICT NO. 4 AND ANN~.XATIO~ NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMHUNITY) FOR TRACTS 12590. 12670. -1 THRU -4 AND 12319. -1 TBRU -8. Mr. Wasserman stated that the title basically gives the staff report and that staff recommends approval of both Resolutions below. (0~OI-O3 LANDSCAPZ MD) (0401-03 ST LIGRTND) Mayor MikeIs opened the meeting for public bearing. There being no response, the public hearing was closed. RESOLUTION NO. 86-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM(XqGA, CALIlzORIqlA, ORDERING THE WOBI( IN CONNECTION WITH ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12590, 12670, -1 TNRU -4, 12672 AND 12319, -1 TRRU -8 RESOLUTION N0. 86-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF l~CaO CUCANONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 2 TO STREET LIGNTING MAINTENANCE DISTRICT NO. 4 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12590, 12670, -1 THRU -4, 12672 AND 12319, -1 THRU -8 MOTION: Moved by Wright, seconded by King to waive full reading of both Resolutions and approve same. Motion carried 4-0-1. (Dahl absent) 4F. ~VIRONM~T~I. ASSESSMUT AND G~EI~T. PLAN AMiDMEET 86-01A - ~INS - A r~ues~ ~o amend the Land Use ~p of ~he General Plan from Low Density Residential (24 du/ac) ~o Lo~ Medium Density ~sidential (4-8 du/ac) for 13.55 acres of land locat~ on ~be sou~b aide of Feron Boulevard, east of Archibald - A~ 209~55~2, 03, 14. (Council will only adop~ one of the resolutions bel~). Staff repor~ given by 0t~o Kroutil, St. Planner. (0203~3 GP ~DM~T). RESOLUTION NO. ~-4~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPKOVING GENERAL PLAN ANENDMENT 86-01A - HAWKINS - REQUESTI~.C AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2-4 DU/AC) TO LOW MEDIUM DENSITY RESIDENTIAL (4-8 DU/AC) FOR 13.55 ACRES OF LAND LOCATED ON FERON BOULEVARD EAST OF ARCHIBALD - ARe 209-055-02, 03 & 14 RESOLUTION NO. 86-4~ A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF N~NCNO CUCANONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 86-01A - HAWKINS - REQUESTING AN AMENDMENT TO THE LAND 0SE ~LEMENT OF THE RAIqCRO CUCAMONGA GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2-4 DU/AC) TO LOW MEDIUM DENSITY RESIDENTIAL (4-8 DU/AC) FOR 13.55 ACRES OF LAND LOCATED ON FERON BOULEVARD, EAST OF ARCHIBALD AVENUE - ARe 209-055-02, 03 & 14 City Council Minutes Febfury 19, 1986 Page 8 (27) Mr. Markman stated that there has been a death and the property is controlle/ and held in a trust. He understands the trustee is authorized to deal with property and has signed the application to continue this process. What we don't have is a letter from the attorney handling the estate warranting that this is the trustee who is authorized to process the application. We are only waiting for the letter with the trust document attached to it. The letter should have reached him by now, but hasn't. He said we needed Council to go on the merits and asked for Council direction on one of the resolutions to bring back on the consent calendar. As soon as we have the letter whichever resolution can then be put on the consent calendar. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Tracy Lobman Tibbels, 10522 Wilson Ave., Irahobo Cucamnnga, who is the attorney representing Mr. Hawkins. He reiterated what Mr. Markman just previously said about needing the letter for the proper authorizstions. Macho Crania, 10364 Humboldt, Rancho Cucamonga said he had opposed the other two projects Mr. Hawkins proposed, but said he would not oppose the density of 4-8 du/ac. The only problem he had would be after seeing the plans, would be the affordable bonus thst would be given to Mr. Hawkins and what thst would do to the project. Mayor Mikels said there was no approved project as yet. Councilman Buquet said that the intent was with the bonus not to exceed the 10 units per scre; that this is why the 4-8 was given the preliminary okay versus what had originally been requested of the 14-24 ranges. At that time, there was not an objection to the 4-8 with the condition of the bonus units not to exceed 10 units per acre. Mr. Cracia agreed with Mr. Buquet. Said when the project does come through he would like to be involved in the planning. Councilwoman Wright asked what kind of control regarding the density bonus would be available to the Council. Mr. Lam said there would have to be a development agreement and that the project would have to be acceptable to the Council. Mr. Kroutil added that they are not processing the zone change or the development district amendment along with the general plan, and that all they are getting is 8 units per acre. Anything beyond that would have to be design work, review, negotiations, etc. Mr. Lam felt that Mr. Hawkins understood all of this. MOTION: Moved by King, seconded by Buquet to bring option 1 Resolution back to the next meeting on the consent calendar. Motion carried unanimously 4-0-1. 4C. ENVIRONMIuqT~Y. ~SESSM~XT AlqD VICTORIA PLAHNEB COMMUNITY AMFJQDMP3qT 85-01 - THE WILLIAM LYON COMPA~Y - A request to amend the Planned Community text for the Victoria Planned Community to allow commercial RV storage and mini-warehouse in the Medium High (MH) Residential District. Staff report given by Bruce Cook, Associate Planner. (0203-05 PLAIeNED CON]4UNITY). Concilwoman Wright asked for the reason of the change from a private to a public use. Mr. Cook stated that it would be a better overall level of service and be better maintained. A~ first it was supposed to be operated by the Victoria people, but that was later changed. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Steven Ford, representing The William Lyon Company. He stated they were in agreement with the staff report given. Councilman Buquet stated that they were asking for a special consideration of those standards that had already been established in the City. He did not feel tbat this type of facility was necessary on their project, and that it was consistent with previously approved projects within the City. City Council Minutes February 19, 1986 Page 9 Councilman King stated that the recreational vehicle facilities. supposed to do. Victoria Planned Community has to provide He asked Councilman Buquet what they were Councilman Buquet said maybe there had been a condition placed on them that needs to be revised. He felt special consideration should not be given. Mayor Mikels felt that it was a closely knit would prefer their RV's to be close to home. amendment to the aggreement. commanity and that these people He pointed out that this is an Councilman King asked where are these storage areas to be positioned within the project. Mr. Ford said they would bave to be located within the residential neighborhoods. Mr. Buller said he had received letters from neighboring property owners opposed to the project. He said he felt this would be a good thing for the Victoria Project. Councilman Buquet asked Mr. Ford what his company felt about any changes made to the requirements of providing this type of facility, and how his company would feel about this requirement being removed. Mr. Ford felt there would not be a problem with his company regarding this. Deputy City Clerk Adama read the title of Ordinance No. 287. ORDINANCE NO. 287 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONA, CALIFORIqlA, ADOPTING VICTORIA PLANNED COMMUNITY AMENDM~lqT 85-01, TO MODIFY THE COMMUNITY PLAN TEXT TO ALLOW A RECREATIONAL VESICLE STORAGE LOT WITH NIlel-WAREHOUSE IN THE MEDIUM-HIGR (MH) OR HIGH (H) LAND USE CATECORY AND TO ALLOW ITS OPERATIOW 08 A COMMERCIAL FOR R[I~T BASIS OP~I~ TO THE GENERAL PUBLIC Councilwoman Wright said she is not in favor of passing it on for second reading. She was opposed to it, whether it be Lyon or anyone else. Councilman King felt the City should go with the application submitted by the Lyon Cospany, but wondered if we needed provisions 5 and 6. Mayor MikeIs felt it should be set for second reading and then the full Council would be there. Felt more staff direction was needed on alternatives. NOTlOW: Moved by Buquet, seconded by Wright to waive full reading of Ordinance No. 287. Notion carried unanimously 4-O-1 (Dahl absent). Second reading set for March 5, 1986. 4B. AM~DM~T TO ANN~W_~TICie AND DEVXq-OPM~T AGREE~TS (CO 85~24) BE~E~ THE CI~ OF g~CRO CUC~GA ~D THE C~g~ D~.OPM~T COMPLY. KAUFN ~D BRO~ L~D COMPLY. ~D MAnx. BOR~C8 D~-OPM~T CO~O~TI~ - ~endments to existing agreements relative to properties locat~ be~een ~he extension of Banyan Avenue and HiSbland Avenue on ~be north and souCb, and be~een ~be ~ension o~ Rochester and Nilliken Avenues on ~he eas~ and wes~ - A~ 22~-1~1~8, 12-19; 22~-1~1~1 ~hrougb 03, 07, 08, 10-13. Staff repor~ given by 0~o Krou~il, St. Planner. (0602~1 ~agl D~OPN~T) (0702~2 ~N~TI~). Mayor Mikels opened the meeting for public hearing. Addressing Council was: Mike Romeo, Marlborough Development Corporation stated he was available for any questions and felt Mr. Kroutil summarized and presented this agreement very adequately. Deputy City Clerk Adsms read the title of Ordinance No. 288. (3o) (3~) (32) City Council Minutes February 19, 1986 Page 10 ORDINANCE NO. 288 (first reading) AN OPalNANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING AN AME~DMEIIT TO THE ANNEXATION AND D~VELOPM~T ~RE!~I~TS BET~EEII TEE CITY OF EA~CHO CUCAMO~GA ~D THE C~ D~OPM~T COMPLY, KAUFM~ ~D BRO~ L~D COMPLY ~D ~BO~GH D~EOPM~T CO~POfiTI~ REATIVE TO PROPERTIES LOCAT~ BE~E~ THI ~T~SI~ OF B~Y~ AV~UE ~D HIG~D AV~UE 08 THE NORTH ~D S~TH, ~D BE~E~ THE ~T~SI~ OF R~HESTER ~D MILLIK~ AV~UES ~ THE ~T ~D WEST - A~ 225-141~8, 12-19; 225-151~1 THR~G~ 03, 07, 08, 10-13 MOTICE: Moved by MikeIs, seconded by Buquet to waive full reading of Ordinance No. 288. Motion carried unanimously 4-O-1. (Dahl absent) Mayor MikeIs set second reading for Marcb 5, 1986. 6C. ADDED ITEM - MA~T.BOROUGE D~VELOPMmT CORPORATION AGRER~4~qT (CO 8~-12). Mr. Wasgerman requested that this item be considered at this time. He stated that it is the same type of model home agreement we have had with other developers. (0602-01 CONTRACT). MOTION: Moved by King, seconded by BuqueC to approve the agreement. Motion carried unanimously 4-0-1. (Dahl absent) 5- !rm-anVWwvT_am~ mBTIGS 5A. BUSINESS LICFaQSE AMP~eDMPaeTS. Staff report by Jim Hart, Administrative Services Director. (0400-05 BUSINESS LICElaSH). Councilman Buquet asked Mr. Hart if this was the same type of prorating system that DMV had Co spread the workload out throughout the year. Mr. Hart reaponded that vat the intent, Councilwoman Wright asked what method of notification was used for renewals. Mr, Hart said that when a license is about to expire, renewal notices are sent out allowing 30 days co renew. Deputy City Clerk Adama read the title of Ordinance No. 21B. ORDINANCE NO. 21B (first reading) AN ORDIIeANCB OF THE CITY COUNCIL OF THE CITY OF EAHCHO CUCAMONGA, CALIFORNIA, AM~HDING CERTAIN SECTIONS OF CHAPTER 5.04 OF THE RABCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BUSINESS LICESSES MOTION: Moved by MikeIs, seconded by Buquet co waive full reading of Ordinance No. 21B. Motion carried unanimously 4-0-1. (Dahl absent) Mayor MikeIs set second reading of Ordinance No. 21B to March 5, 1985. 6A. PREqENTATION OF NORTHTOWN p~nt CONCEPT FOR COUNCIL DISCUSSION. Staff report given by Bill aolle7, Com~niL7 Services Director. (1~04-05 PARK). Councilman King asked what guarantee was there that public would have access, Mr. Holley stated all details haven't been worked out, this is only a concept. City Council Minutes February 19, 1986 Page I 1 Nacho Gratis west over all ~he problems that have come up to get a park in this area. He was hoping the City could increase the area of the park site at a later time. He wanted to gec together with Councilman King to show him what his neighborhood was wanting for this project. Mr. Holley stated that Ramon Rodriguez, who has been involved in this design process, suggested that should this project be entertained, the City consider options of expanding. Mr. Rolley said they had various meetings with the people of Cucamonga getting their ideas of what they wanted. He reported that there was about 3/4 of acre that could be added, but there were various dwellings on that property. Mr. Gratis said be thought there was one dwelling that would have to be removed which he was concerned about. Another concern was that it would be so close to the residential area. He explained Chat be had told the people they would try to knock down all the old commercial buildings and put in improvements. Re also stated that be has had the Sheriff's Department involved in their meetings pertaining to this. Mr. Holley said that some of the residents were concerned about block walls which is planned for this. Councilman Buquet didn't feel the block yells would be necessary unless there was very dense planting. Re realized that Captain Furschef had been involved in this project. He mentioned that the properrOr owner on 24tb Street attempting to get rid of the old theatre site, was wondering if possibly Bob Rizzo could organize something to help get this cleaned up. There bad been talk about this project being adjacent to the Middle School and making improvements there. Mr. Gratis said they didn't want a Rent-a-Park; it should be City controlled. He did not want a split park concept, but they wanted everything on one site. Councilman Buquet did not feel that the school-owned park would be a concern. Councilman King stated that tbis has been presented for design concept approval tonight. He didn't feel that all alternatives bad been explored as to this project with regards to the site, and felt Council should discuss this. Councilwoman Hright asked how long do we have to use this money? Mr. Hasserman said we are getting pressure from the federal government to spend the block grant money. Mr. Holley reiterated that all he yes presenting yes the available site and that he was not trying Co sell this plan to anybody. He said if the community is not happy vitb it then he would explore other options. Mayor MikeIs felt it should be explored to meet the needs of tbe people better. Councilwoman Hrigbt agreed that it yes not good enough to meet the needs of the people. Mayor Mikels suggested to Mr. Holley that be possibly give all alternatives to the Council that he has explored besides the one presented tonight. Councilman Buquet suggested Mr. Rolley take this to Park Develoment Commission tomorrow night and ask them to make it priority because of conditions and constraints, ACTION: Council concurred meeting on Februar~ 20, 1986. this be taken to the Park Development Commission 6B. APPROVAL OF IMPROVXM~XT AGREEMENT. IMPROVXM~mT SECURITY AND CO~DEMNATI0tq AGR~RMF~qT FOR T~CT NO. 13131 (D.R. 85-17) LKAT~ AT THE NORTHEAST C0~ER OF ARw~ ROUTE ~D VIN~D AV~E SUBMI~ BY ROBERTS~ HOMES. A DIVISI~ OF CAVIL CO~OfiTI~. S~af[ repor= Riven b~ Ll~d Rubbe, Ci=y Kn~ineer. (0602~1 ~REK IMPR~T) (1002~6 ~I~T DOfi~). (33) (34) City Council Minutes February 19, 1986 Page 12 Mayor Mikels asked if this was all conditional until it is established, wheth~ or not the rights-of-way can be obtained by one means short of the contempla~ aceion by the City, or are we approving everything but that. Mr. Markman stated the Map Act Provision says if you require off-property acquisition or off-site acquisition by the Developer you have to condemn at his expense. If we do not enter into this agreement, he is excused from that condition. The Council can't approve this without approving the condemnation agreement. If you do so, it excuses them from that acquisition condition. The agreement says they will try to negotiate a purchase of ~hese properties for 30 days, tha~ if they are unsuccessful in their negotiations, the Council bee to conde-,, at their expense. Councilwoman Wright asked what the timing factor yes. allow mare time for the negotiation and approve it expense? She asked if we could later at the developer's Mr. Markman thought that the Map Act Provision allowed for 120 dsys after we reach this point of approvins ~he final sap to do the acquisition. That is why they would be given 30 more days, and if they are not successful 10 days tberesfter, the City would have to start tbe process. Councilman King felt there was a problem with the outparcel owners and the developers. Didn'~ know what staff'a involvement had been. Mayor MikeIs didn't vent to obligate Council to proceed without an agreement. Without knowing what the final outcome would be, tbought they should hold off on it. Suggested that the City, developer and outparcel owners get together to look at total picture. Councilman ling agreed with Mayor MikeIs for everyone Co sit down and discuss this. Hardy Strozier wanted the Cit~y Engineer to sign final map because tbei loan was in jeopardy. Said he had been working with outparcel owners. Mayor MikeIs suggested a Resolution of Intent. Mr. Markman said that map cannot be signed witbout an agreement being signed. Mr. Stroaier felt the City had acted responsibly on this matter. He stressed the time problem because their loan agreement was in jeopardy. MOTInn: Moved by Buquet, seconded by King to continue meeting co February 27, joint meeting with Advisory Commission. Wanted City, Developer and Outparcel owners to get ~ogether to work out resolution before February 27. Motion carried unanimausly 4-0-1. (Dabl absent) 7. COgICTL BUSYmean No items submitted, MOTInn: Moved by BuqueC, seconded by Wright to adjourn to executive session to discuss pendinE litigation, government code 54956.91, and Co reconvene aC 7:30 p.m., February 27, 1986. Motion carried unanimously 4-0-1 (Dahl absent). The meeting adjourned at 11:15 p.m. Approved: April 16,198~ Respectfully submitted Debra Adama Deputy City Clerk