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HomeMy WebLinkAbout1982/04/21 - MinutesApril 21, 1982 CITY OF RAMCHO CUC~MONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER The regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Wednesday, April 21, 1982. The meeting was called to order at 7:30 p.m. by Mayor Jon Mikeis. Present were: Councilmen James C. Frost, Phillip D. Schlosser, Charles Buquet, Richard Dahl and Mayor Jon MikeIs. Also Present were: City Manager, Lauren Mo Wasserman, City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director Jack Lam; City Engineer, Lloyd Hubbs; Finance Director Harry Empey; City Planner, Rick Gomez; and Community Services Director Bill Holley. 2. ANNOUNCE~KNTS Mayor Mikeis announced the Thursday, April 22, 1982 Advisory Commission meeting had been cancelled and the next regularly scheduled meeting would be held on Thursday, May 27th. ~yor Mikels announced there would be an Etiwanda Specific Plan Meeting at Etiwanda Intermediate School on Tuesday, April 27, 1982. }layor Mikeis announced the Spring Clean Sweep Week, May 8-15. }layor Mikels announced there were vacancies on the Planning Commission and Advisory Commission and applications could be obtained from the City Clerk's office or from the secretary at the meeting tonight. It was the consensus of Council that applications would be accepted until May 7, 1982 and public interviews would be held at an adjourned meeting of the City Council prior to May 19th. It was requested that applicants attach a copy of their resume to their applications. Motion: Moved by Frost, seconded by Buquet that the Mayor send a letter to the Chaffey High School Board encouraging them to name the new High School to be located in Etiwanda, the Etiwanda High School. Motion carried 5-0. City Clerk Wasserman read a correction to the Title and description of Item "k" on the consent calendar. (Corrected title is reflected in minutes). City Clerk Wasserman requested that the Approval of agreement between "Agency and the County of San Bernardino" and "Agency and Foothill Fire District" be added as items "1" and "m" respectively to the Consent Calendar. Councilman Frost announced some of the activities that will take place at the Etiwanda Centennial celebration. CONSENT CALENDAR Councilman Frost requested that Items "1" and "m" be removed from the consent calendar and acted upon separately since they had been added without prior publication. Motion: Moved by Schlosser, seconded by Frost to approve consent calendar with Items "1" and "m" removed. Motion Carried 5-0. a. Approval of Warrants, Register No. 82-4-21 in the amount of $422,058.20. City Council Minutes April 21, 1982 Pd~e Two (~) (2) (3) (4) (5) (6) (7) (8) (9) ,\ward of Design Services for street widening, reconstruction, and resurfacing at: Hillside Road from AmethySt Street to Sapphire Street; and Beryl Avenue from Manzanita Drive to [{illside Road. Recommend that contract be awarded to Associated Engineers as the lowest bidder. c. Fonqard Claim by Keely L. Oliva to the city attorney for handling. d. Fon4ard Claim by Stanley Arthur Antlocer to the city attorney for handling. ~lcoholic Beverage License Application for on-sale general eating place by Downey & Robert, Inc., the Boars Head, 6620 Carnelian Street. Approval of a Resolution to oppose using PERS Pension funds to balance the State budget. RESOLUTION NO. 82-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE USE OF PERS PENSION FUNDS TO BALANCE THE STATE BUDGET. Acceptance of Improvement Agreement, Bonds, and Real Property Improvement Contract and Lien Agreement for Director Review 81-34 Charles Hofgaarden: located at 8789 Archibald Avenue. RESOLUTION NO. 82-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT FOR IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 81-34. RESOLUTION NO. 82-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CHARLES HOFGAARDEN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. Acceptance of Real Property Improvement Contract and Lien Agreement from O'Gorman and Smith: located at 8861 Strang Lane. RESOLUTION NO. 82-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JAMES O'GORMAN, MARCELLA O'GO~MAN, AND BRIAN SMITH AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. (8861 STRANC LANE) Intent to Annex Tract No. 11696, Tract No. 10762, and Tract No. 10277-1 as Annexation No. 9 to Landscape Maintenance District Nu. 1. RESOLUTION NO. 82-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAb~NGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ~NNEXATION NO. 9 TO L~NDSCAPE MAINTENANCE DISTRICT NO. 1. City Council ~linut~,s April 21, 1982 Page Three j. Acceptance of Bonds and Agreements for a Single Family Residence at 5727 Carnelian Street - submitted by Richard E. 11arney. RESOLUTION NO. 82-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR A SINGLE FAMILY RESIDENCE LOCATED AT 5727 CARNELIAN STREET. Set Public Hearing for Environmental Assessment and Planned Development 81-02 (TT 11915) - Mayer . A change of zone from R-1 (Single Family Residential) to R-3/PD (Multiple Family Residential/Planned Development) and the development of 44 patio homes and 322 townhouse units on 35 acres of land in the RO1 zone located on the south side of Arrow, between Turner and Center Avenues - APN 209-091-05,05,07. Set Public Hearing for May 5, 1982. 1. Approval of Agreement between Agency and County of San Bernardino. Motion: Moved by Frost, seconded by Schlosser that Agreement be approved and the [~yor be authorized to sign. Motion carried unanimously 5-0. m. Approval of Agreement between Agency and Foothill Fire District. Motion: Moved by Buquet, seconded by Frost that agreement be approved and Mayor be authorized to sign. Motion carried unanimously 5-0. 4. PUBLIC HEARINGS 4A PUBLIC IMPROVEMENT REIMBURSEMENTS. Staff report presented by Jack Lam. City Clerk .Wasserman read the title of Ordinance No. 170. ORDINANCE NO. 170 (Second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P,~CHO CUCAMONGA, CALIFO~]IA, IMPOSING A FEE PAYABLE AT THE TIME OF APPLICATION FOR A BUILDING PERMIT FOR THOSE LOTS OR PARCELS OF LAND WITH RESPECT TO WHICH FRONTAGE IMPROVEMENTS HAVE BEEN INSTALLED PURSUANT TO A REIMBUKSEMENT AGREEMENT. Councilman Schlosser indicated he did not feel Ordinance was fair because it does not provide any provision for interest to be included and suggested an interest reimbursement rate of 7~ or 8%. Robert Dougherty, City Attorney, indicated this is the Ordinance which would allow the collection of money to fund reimbursement agreements and in no way would preclude a reimbursement agreement of having an interest factor. He stated Ordinance does not lock City into any interest rate and recommended that no interest factor be included in this particular document. Councilman Dahl expressed his concern that Ordinance may not be clear and inquired if it would be appropriate to insert within this Ordinance that it does not preclude the negotiation of an interest rate. Mr. Deugherty responded that "including accrued interest, if any" could be added in subsection A. However, he stated this would require a new first reading. Mayor Mikels questioned whether Council wished to leave interest open for negotiation with each agreement or wished to set a fixed rate by Resolution. Councilman Schlosser stated he would rather see a fixed number. Councilman Frost referred to previous City Council discussions at which time he had recommended that we not have a percentage reimbursement. (15) (16) City Council Minutes April 21, 1982 Page Four Councilman Buquet stated he would prefer not to put in additional wordin~ but to go ahead and approve Ordinance as is and work with Resolution aspect when more information was available blotion: Moved by Dahl, seconded by Schlosser to waive further reading of Ordinance No. 170. Councilman Frost requested that Ordinance be read in its entirety. Motion and second were withdrawn and City Clerk Wasserman read Ordinance No. 170 in its entirety. Mayor Mikels opened the meeting for Public Hearing. * Dick Scott, 111 Ninth, Upland, suggested agreement be changed to indicate prior to issuance. * Doug Hone stated he felt he should be entitled to interest at going rate and suggested that anyone who is interested in reimbursement be invited to a meeting to discuss matter of uniform reimbursement agreements. He also suggested some means of notifying property owner. There being no further response, public hearing was closed. Motion: Moved by Frost, seconded by Schlosser to approve Ordinance No. 170. Motion carried unanimously 5-0. Council requested that staff continue to meet with developers and interested parties and prepare a report regarding options for notification and interest reimbursement for review at the May 19th Council meeting. 4B APPEAL OF PLANNING COMMISSION DECISION FOR PREPAtL~TION OF AN ENVIRON- MENTAL IMPACT REPORT FOR THE DEVELOPMENT OF TENTATIVE TRACT 11933 -- a development of a total planned residential development of 185 single family detached units and 14.6 acre park on 95.5 acres of land in the R-i-20,000 zone located on Hermosa Avenue, north of Hillside. Staff report by Jack Lam. Mayor Mikels opened meeting for public hearing. * Dick Scott, 111 W. 9th Street, Upland, appellant, asked if this item could be continued until the park issue was resolved without prejudicing their appeal. There being no further response, public hearing was closed. Motion: Moved by Dahl, seconded by Frost to continue appeal until May 19, 1982. Motion carried unanimously 5-0. 4C ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE ~MEND~INT 82-03. Amending C-1 and C-2 zones to allow arcade uses subject to review and approval of a Conditional Use Permi~ Staff report presented by Dan Colemen, Associate Planner. City Clerk Wasserman read the title of Ordinance No. 174. ORDINANCE NO. 174 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 61.022, 61.027A and 61.027B OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE BY DEFINING AN ARCADE AND ADDING SECTIONS 61.027A (b) (5) B AND 61.027B (d) (6), AND ENDING SECTION 61.027B (b) (1) (A) TO PROVIDE FOR ARCADE USES IN THE C-1 AND C-2 ZONE AND REQUIRING A CONDITIONAL USE PERMIT. Motion: Moved by Dahl, seconded by Schlosser to waive further reading of Ordinance No. 174. Motion Carried unanimously 5-0. City Ccmnci April 21, Page Five ~!dyOr Mikels opened the meeting for public hearing. * ,\1 (jolt commented on the excessive noise generated by arcades. * Brett Proctor, 6038 Opal Street, inquired if this amendment would prohibit machines in liquor stores. Dan Coleman, Associate Planner, replied that this particular zoning ordinance would not prohibit them from liquor stores. Brett Proctor inquired if there was any justification for a limit of three. Dan Coleman replied that the size of the machines, along with ~he limited space available was the basis for a limit of three. * Patrick Preece, 8714 Sommerset, stated he did not feel arcade uses should be allowed within the City limits, and particularly not in liquor stores. * Tom WickLLm, Captain, Rancho Cucamonga Sheriff, reported that an in-house study indicated we really have not had a lot of problems since arcades have been in the City. However, he stated he was not in favor of arcade uses in liquor stores because of the shoplifting problem or in close proximity to schools. * Joe Manella, Owner of J.J.'s Arcade, concurred that arcade uses should not be allowed in liquor stores. There being no further response, public hearing was closed. Councilman Frost stated although he was agreeable to setting a date for second reading, we were on the borderline of dictating what is best for the citizens for their own good as opposed to letting the free enterprise system raise to its own level. He stressed that this should not be taken lightly. }~yor Mikels stated that some of the direction given by Council prior to the Ordinance being drafted revolved around proximity of arcades to schools and their use in liquor stores. He noted that the Ordinance does provide for some of these individual concerns to be addressed through the conditional use permit process. Councilman Buquet stated it is easy for us to say adult supervision but difficult to enforce. He suggested that second reading be scheduled for June 2nd to allow adequate time to study the matter. Council concurred and second reading was scheduled for June 2, 1982. 5. CITY MANAGER'S STAFF REPORTS 5A. REQUEST FROM SAN BERNARDINO COL~TY FOR SUPPORT OF WASTE TO ENERGY PROJECT Staff Report by Lauren Wasserman. City Clerk Wasserman read title of Resolution No. 82-75. RESOLUTION NO. 82-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA URGING THE SUPPORT OF THE PROJECT TO PROMOTE THE RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTE. Motion: Moved by Frost, seconded by Schlosser to waive further reading. Motion carried 5-0. ~hyor Mikels reviewed the comments at the last meeting of SANBAG regarding this project. He stated that in his opinion going out for bids at this time for a facility of this type is premature. After general discussion, the following motion was made. Motion: ~Dved by Schlosser, seconded by Buquet to approve Resolution No. 82-75. Motion carried unanimously 5-0. City Council >Iinutes April 2i, 1982 Page Six (~8) 5~B. A RESOLUTION AbFENDING TDIE FOR COUNCIL MEETINGS. Staff Report by Lauren Wasserman. City Council meetings will begin at 7:30 p.m. City Clerk Wasserman read the Title of Resolution No. 82-76. RESOLUTION 82-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUG~IONGA, CALIFORNIA, AMENDING THE TIME OF REGULAR MEETINGS OF THE CITY COUNCIL. blotion: bloved by Dahl, seconded by Buquet to waive further reading and to approve Resolution No. 82-76. Motion Carried Unanimously 5-0. 6. CITY ATTORNEY'S REPORTS. There were none. 7. ADDED ITEM Council Dahl stated that he had asked to staff to look into Resolution for clarification for North Alta Loma regarding 20,000 square foot lot and that this Resolution will be brought up at the next City Council meeting. 8. ADJOURNMENT Motion: Moved by Buquet, seconded by Dahl to adjourn. Motion carried unanimously 5-0. Meeting adjourned at 9:15 p.m. Respectfully Submitted, ~tara Acting Deputy City Clerk