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HomeMy WebLinkAbout1982/02/03 - Minutes February 3, 1982 CITY OF RANCHO CUCAMONGA 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 Lion's Park Community Center, 9161 Base Line Road on Wednesday, February 3, 1982. The meeting was called to order at 7:05 p.m. by Mayor Phillip D. Schlosser. Present were: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: Jack Lam, Community Development Director and Acting for the city manager; Robert Dougherty, Assistant City Attorney; Michael Vairin, Senior Planner; Lloyd Hubbs, City Engineer; and William Holley, Community Services Director~ Absent: Lauren M. Wasserman, City Manager, and Jim Robinson, Assistant City Manager. They were both at the city manager's conference in San Diego. Approval of Minutes: Councilman Frost requested that the phrase, "15% will be taken off." be deleted from the December 3, 1981 minutes, page 3, 9th line from the bottom. Motion: Moved by Mikels, seconded by Palombo to approve the minutes of December 3, 1981 as amended, and the minutes of December 16 and 23 as submitted. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS. The Planning Commission will not be meeting at the regular time on Wednesday, February 24, but will be meeting on Monday, February 22, instead in order that the Planning Cormmissioners can attemd the yearly Planning Commissioners' Institute. Councilman Frost stated that Mr. Holley had drafted a resolution acknowledging Robert Hickcox for his work in writing the history of Etiwanda. He suggested that this be reviewed by council and presented at the next meeting. Council concurred with this suggestion. Councilman Mikels announced that on Thursday, January 28, a representative of the County Transportation Conmission appeared before the California Trans- portation Commission meeting in Ventura to seek to have the State's trans- portation Improvement Plan amended to include additional funds for the Foothill Freeway right-of-way protection in the 81-82 program. This request was denied. However, there was an indication by the Executive Director of the California Transportalon Conmission that while we have in the past received $1 million funding, and did not this past year, we could look forward to receiving next year the normal $1 million in addition to the $900,000 not included this year. d. Staff requested that Council adjourn the meeting to an Executive Session to dis- cuss pending litigation. 3. CONSENT CALENDAR. Counc'ilman Frost requested item "h" be pulled for discussion, and Councilman Palombo requested item "b" be pulled for discussion. Item "b" - Alcoholic Beverage License for James E. Niemynski for off-sale beer and wine, Comfort Ride Mobile, 10477 Lemon. Councilman Palombo asked what this was. Mr. Lam stated this was the Mobil Oil service station on Haven and Lemon. That this type of use was allowed by the zoning ordinance, unless it was denied. Item "h" - Carnelian Lanscape Project Plant Material Bids. Councilman Frost asked for a brief explanation as to what was involved. Mr. Rougeau explained that staff was requesting that the two lowest bids for plant materials be approved. The companies have agreed to this. Motion: Moved by Palombo, seconded by Bridge to approve the Consent Calendar as presented. Motion carried unanimously 5-0. City Council Minutes February 3, 1982 Page 2 (2) (3) d. (4) e. (5) f. (6) g- (7) h. (8) 1. (9) j. Approval of Warrants, Register No. 82-2-3 for $775,224.99. Alocholic Beverage License for James E. Niemynski for off-sale beer and wine; Comfort Ride Mobil, 10477 Lemon. Alcoholic Beverage License for Dean G. and Katheryn M. Dahl and Richard B. Lamb for on-sale beer and wine eating place; Lupe's Mexican Food, 9130 Foothill. Alcoholic Beverage License for Haw Kuang Lin, and Mie and Hoyuan Liu for off-sale general; Town & Country Liquor, 12962-62 Foothill Boulevard. Alcoholic Beverage License for Rodhey D. Campbell for on-sale beer and wine eating place; Rancho Delicatessen, 900 Foothill Blvd, Suite 102. Alcoholic Beverage License for Isabel Garcia for on-sale general eating place; Tamales International, 9000 Foothill Blvd, Suite 112. Alcoholic Beverage License for R. L. Arcinage, Inc., Robert L. Arcinage, P/T; James Barcona, Jr., Sec. for on-sale general eating place, Regina Cafe, 12892 Foothill Boulevard. Carnelian Lanscape Project Plant Material Bids. It is recommended that Council authorize the purchase of plan material for the Carnelian Landscape Project from A-1 nurseries for $21,336.74 and Arbor Nursery for $14,249.05 as the lowest bidders. Acceptance of Bonds and Agreement for Director Review 80-34 - Woodhaven Pro- perties. It is recommended that Council accept the bonds and agreement from Woodhaven Properties for Director Review 80-34 located on the northwest comer of Haven Avenue and Lemon Street. RESOLUTION NO. 82-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 80-34. Intent to Order Annexation No. 8 to Landscape Maintenance District No. 1 for Tract 9441, Tract 11609, and Director Review 80-34. Recommend that Council approve resolutions declaring the city's intention to annex said developments to the Landscape Maintenance District No. 1. RESOLUTION NO. 82-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTEN- TION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 8 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1: PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (TRACT 9441, 11609, AND DIRECTOR REVIEW NO. 80-34). RESOLUTION NO. 82-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARy APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 8 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. (TRACT 9441, 11609, DIRECTOR REVIEW NO. 80-34). City Council Minutes February 3, 1982 Page 3 k. Release of Bond: *Tract 8884 - located on the east and south sides of Red Hill Country Club Drive. Owner: Harnish-Morgan-Causey. Encroachment Bond Labor & Material Bond (road) $ 6,500.00 $67,000.00 Forward Claim against the City by Sally Montoya and George Montoya to City Attorney for handling. Set February 17, 1982 for Public Hearing on certification of Environmental Impact Report for Comprehensive Storm Drain Revision No. 1. Set February 17, 1982 for Public Hearing on Zoning Ordinance Amendment No. 82-01. 4. PUBLIC HEARINGS. 4A. ENVIRONMENTA3~ ASSESSMENT AND ZONE CHANGE NO. 81-01 - LAWIOR. A request for a(14) change of zone from R-i-20,000 and R-l-14 acres to R-l-1 for approximately 46 acres of land, generally located on the north side of Almond between Sapphire and Tur- quoise - APN 200-061-12, 200-051-06, and 1061-172-03. Councilman Bridge excused himself from the council table during the public hearing since he had property in the area. Deputy City Clerk Authelet read the title of Ordinance No. 159. ORDINANCE NO. 159 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1061-172-03, 200-061-12, AND 200- 051-06 LOCATED GENERALLY ON THE NORTHWEST CORNER OF SAPPHIRE AND AJ_MOND, FROM R-l-14 ACRES AND R-I-20,000 TO R-l-1. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 159. Motion carried unanimously 4-0-1. Mayor Schlosser opened the meeting for public hearing. Addressing Council was: *Mr. Kedding, representing Lawlot. He encouraged Council to approve the zone change request. There being no further response, the public hearing was closed. Councilman Frost stated he had let his feelings be known at the last meeting; that is whether the proposal provided the best transition. He had not changed his mind. Motion: Moved by Palombo, seconded by Frost to approve Ordinance No. 159 and the issuance of a Negative Declaration. The motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. ABSENT: Bridge. Councilman Bridge returned to his council seat. 4B. PLANNED DEVELOPMENT 81-13 (TT 12090) - USA PROPERTIES. A change of zone from (15~ R-1 (single family residential) to R-3/PD (multiple family residential/planned development) for the development of 128 condominium units on 9.2 acres of land located on the northeast corner of Archibald and Feron Boulevard - APN 209-051-01. City Council Minutes February 3, 1982 Page 4 Deputy City Clerk Authelet read the title of Ordinance No. 168. ORDINANCE NO. 168 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209-051-01 FROM R-1 TO R-3/PD LOCA- TED ON THE NORTHEAST CORNER OF ARCHIBALD AV~qUE AND FERON BOULEVARD. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 168. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Bridge, seconded by Frost to approve Ordinance No. 168 and the issuance of a Negative Declaration. Motion carried unanimously by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. (~6) 4C. RECOMMENDATION TO REVISE TITLE 10, VEHICLE AND TRAFFIC OF THE MUNCIPAL CODE TO REFLECT CORRECTIONS IN WORDING AND INTENT AND TO REVISE SEVERAL SPEED LIMITS ON CITY STREETS. Staff report by Paul Rougeau, Senior Civic Engineer. Mr. Rougeau went over the Ordinance and answered questions of the council. Deputy City Clerk Authelet read the title of Ordinance No. 169. ORDINANCE NO. 169 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 10.04.070, 10.04.100, 10.20.010, 10.20.020, 10.40.010 A & B, 10.52.030, 10.52.040, 10.56.020 OF TITLE 10, VEHICLES AND TRAFFIC. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 169. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Schlosser set second reading for February 17, 1982. (~7) 4D. ORDERING VACATION OF THE EAST/WEST ALLEY LOCATED 149~ SOUTH OF 9TH STI:EET BETWEEN THE SANTA FE RAILROAD RIGHT-OF-WAY AND CALAVERAS AVENUE. Paul Rougeau, Senior Civil Engineer, presented the staff report. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: 'Moved by Bridge, seconded by Palombo to adopt Resolution No. 82-24 and to waive the entire reading. Motion carried unanimously 5-0. Deputy City Clerk Authelet read the title of Resolution No. 82-24. RESOLUTION NO. 82-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF THE EAST/WEST ALLEY LOCATED 149' + SOUTH OF NINTH STREET BETWEEN THE SANTA FE RAILRSAD RIGHT-OF-WAY AND CALAVERAS AVENUE. City Council Minutes February 3, 1982 Page 5 4E. PUBLIC IMPROVEMENT REIMBURSEMENT. Staff report by Jack Lam Staff recommended that Council adopt an ordinance imposing a fee payable at the time of application for a building permit for those lots or parcels of land which frontage improvements have been installed pursuant to a reimbursement agreement. This would allow the recapture of costs of the improvements at the time the adjacent lot~ or parcels are developed. After some discussion between Council and the city attorney, Councilman Mikels re- quested that some type of formal notification procedure be included informing the adjacent property owner that the public improvements will be installed. Council concurred with this request. Title of Ordinance No. 170 was not read since item would be changed. However, Council proceeded with public input. Mayor Schlosser opened the meeting for public hearing. Addressing Council were: *Ken Willis, Building Industry Association. He stated that such an agree- ment for a landowner paying another landowner back for improvements is certainly better than not receiving anything at all. They supported such a procedure. He suggested that since on~ landowner who might make a street improvement under this tyDe of system ultimately finds that before another landowner does reimburse him, he has lost a considerable amount of money due to inflation. He wondered if some kind of interest based on inflation could be included. Mr. Dougherty responded that what Mr. Willis was proposing was a policy issue which was not addressed by this ordinance. Council concurred, however, that this should be looked into. *Ralph Lewis. He expressed concurrence with Mr. Willis. There being no further response, the public hearing was closed. Action: Council referred item back to staff and city attorney for further work, and set March 17 as a date to bring item back to council. Councilman Frost suggested that staff look at the last sentence of Section 12.08.075 of Ordinance No. 170 which states, "on which a building, or other structure re- quiring a building permit, is to be constructed, altered or enlarged." He stated that he read into altered or enlarged as adding a room onto a house. If so, this would not be equitable, and perhaps staff should take another look at this to see if it needed some type of modification. 4F. CREATION OF RANCHO CUCAMONGA'S INDUSTRIAL DEVELOPMENT AUTHORITY. Report by John Brown, Redevelopment Legal Counsel. Mr. Brown stated he was present to answer any questions. Councilman Mikels stated that the memo from Mr. Brown was excellent and thoroughly self explanatory. Deputy City Clerk Authelet read the title of Ordinance No. 171. ORDINANCE NO. 171 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE NEED IN THE CITY OF RANCHO CUCAMONGA FOR AN INDUSTRIAL DEVELOPMENT AUTHORITY AND ESTABLISHING SUCH AN AUTHORITY. Motion: Moved by Palombo, seconded by Mikels to ~a~ve further reading of Ordinance No. 171. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. Speaking was: *Ralph Lewis. He endorsed the establishment of an industrial develop- ment authority in Rancho Cucamonga. City Council Minutes February 3, 1982 Page 6 There being no further response, the public hearing was closed. Mayor Schlosser set February 17 for second reading of Ordinance No. 171 and for the consideration of accompanying Resolution Nos. 82-25 and 26. Mayor Schlosser called a recess at 8:30 p.m. The meeting reconvened at 8:50 p.m. with all members of the council and staff present. (2O) 5. CITY MANAGER'S STAFF REPORTS. 5A. A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A FIXED "F" FACTOR FOR PARK DEDICATION OR IN LIEU FEES WITHIN RESIDENTIAL SUBDIVISIONS. Staff report by Bill Holley. Mr. Holley stated there were three options being proposed to Council: 1. Option 1 -- which was staff's recommendation to use the 1980 census figures for the "P" factor to determine park fees. 2. Option 2 -- the one proposed by Lewis Homes which establishes a fee based on number of persons per type of dwelling unit. 3. Option 3 -- proposed by the William Lyon Company which uses the number of bedroom as the factor for establishing the park fee. Mayor Schlosser opened the meeting for public input. Addressing Council were: *Ken Willis, Building Industry Association. He stated that the BIA recommended approval of Option 2 which deals with the type of dwelling unit. They felt that Option 1 would conclude that every home in Rancho Cucamonga had 3.1 persons dwelling in it, and using the 1980 census was unfair and arbitrary. Option 3 which has to do with bedroom units is the method which L.A. County school system devised its SB-201 school fees for certain development areas in northern L.A. County. They felt that Option 1 would introduce a conflicting policy in Rancho Cucamongawith regard to how we view the loading factor and dwelling units when attempting to devise a fee. He felt the city council would not want to tell the schools that when it comes to classrooms we use one set of numbers, but when it comes to parks, we invent our own numbers. *Ralph Lewis, Lewis Homes. He concurred with Mr. Willis, and expressed that either Option 2 or 3 would be more fair. He stated that household sizes have been shrinking. They are building smaller houses, and felt that Option 1 overstates the need for park facilities. Councilman Frost questioned Mr. Lewis regarding this statement that Option 1 overstated the need for park facilities. He asked if in particular Mr. Lewis felt families would be moving into smaller homes because of the economics of the situation. Mr. Lewis said this was possible because housing was so expen- sive and that was why they were concerned about all the fees. There being no further response, Mayor Schlosser closed the public portion of the meeting. City Council Minutes February 3, 1982 Page 7 Councilman Bridge stated that it had been decided during the general plan process that five acres of park land per 1,000 population was the desirable figure. He felt the smaller the house, then the greater the need for parks for both children and adults. He stated that bedrooms was not a good way to measure park needs since as a conununity matures and children leave home, bedrooms become used for other pur- poses. *Roberta Futrell stated that she knew of several families in Alta Loma with two families living in the same house with several children in each bedroom, She felt the 3.1 average of the tomunity would be a more accurate figure than that of bedrooms or housing type. Councilman Mikels asked when we would be getting updated census figures that would give us figures on occupants per dwelling type. Mr. Holley stated that if we used Option 1, we would be establishing an overall city average which would not be based on dwelling type. If we desired other type of information, we would have to engage the State for this type of information. It could be done on a special basis probably by the end of the summer. The State usually comes up with some yearly estimates each spring which we could request. Motion: Moved by Mikels, seconded by Palombo to adopt Resolution No. 82-12, Option 1, with the understanding that when new census data is obtained, the Council will look at this again; and to waive the entire reading of Resolution No. 82-12. Motion carried unanimously 5-0. Deputy City Clerk Authelet read the title. RESOLUTION NO. 82-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING POPU- LATION PER DWELLING UNIT FOR PURPOSES OF IMPLE- MENTING CHAPTER 16.64 OF THE MUNICIPAL CODE RELATING TO THE DEDICATION OF PARK AND RECREATION LAND. 5B. REQUEST FROM LEWIS DEVELOPMENT COMPANY TO WAIVE GENERAL PLAN AMENDMENT CYCLE. Staff report by Michael Vairin, Senior Planner. The Lewis Development Company is requesting the processing of a General Plan Amendment outside the regular processing cycle. The company desires to build an office building in Tetra Vista prior to approval of the Planned Community text, which requires a General Plan Amendment. Presently the land use policies of the general plan states, "The City shall not consider for approval any development plans located within the Planned Communities area until the Planned Communities have been reviewed and adopted by the City Council. In order for the Lewises to proceed, there would have to be some language change to the general plan. After some discussion between the Council and representatives from the Lewis Company; namely, Ralph Lewis, Robert Hull, architect, and Jerry Welch; the following motion was made: Motion: Moved by Mikels, seconded by Palombo to activate the third general plan amendment review period and to begin processing the application for this one site and for the applicant to bear the cost of the general plan amendment application. Further discussion followed between the council and the city attorney regarding the activation of the third general plan amendment period versus including this request under the January amendment cycle. In this event, the public hearing would be held before the Planning Commission on February 22, 1982. Councilman Mikels stated that if staff could accommodate this request under the present amendment period, then this was the best way to handle this, and he would change his motion to reflect this. He said that at one of the other amendment periods, we may want to consider revision to the general plan language. Motion as suggested by Mr. Lam would be that Council make a finding that this amendment is dealing with a policy issue only and could, therefore, be accepted for processing under the January cycle. City Council Minutes February 3, 1982 Page 8 Motion: Moved by MikeIs to make the finding that this amendment was a policy issue and can be accepted for processing under the January cycle. Councilman Bridge stated that he would vote no to the existing motion because it would be better to use the third amendment period rather than to deviate from the time period. He felt this would set a precedent and would allow other developers to miss a time period and then plead some financial hardship. Councilman Mikels stated that is why he proposed the initial motion. He felt this was the cleanest way to go and would not set any precedent. Mr. Lam pointed out that if council chose to use the third amendment period, then both the planning commission and council would have to be cognizant of the time periods in order to add their requests at the other two amendment periods. Motion: Moved by Mikels, seconded by Palombo to activate the third general plan amendment review period and to begin processing the application for this one site and for the applicant to bear the cost of the general plan amendment application. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, Schlosser. NOES: Frost. ABSENT: None. (22) 5C. ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM. Staff [eport by Lloyd Hubbs. Councilman Mikels requested that item No. 7, Archibald Avenue and Fourth Street signal installation, be expedited if possible. Mayor Schlosser opened the meeting for public input. There being none, the public portion was closed. Motion: Moved by Frost, seconded by Palombo to approve Resolution No. 82-27 and to waive the entire reading. Motion carried unanimously 5-0. Deputy City Clerk Authelet read the title of Resolution NO. 82-27. RESOLUTION NO. 82-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FIVE YEAR CAPITAL IMPROVEMENT BUDGET THROUGH THE 1982-83 FISCAL YEAR. (23) 5D. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: HOUSING REHABILITATION. Staff report by Richard Marks, Associate Planner. Motion: Moved by Bridge, seconded by Palombo to authorize staff to meet with the appropriate County staff, work out details of a possible city/county program option and bring item back to the city council on February 17, 1982. Motion carried unanimously 5-0. 6. CITY ATTORNEY'S REPORTS. There were none. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Frost to adjourn to an Executive Session to discuss pending litigation not to reconvene. Motion carried unanimously 5-0. adjourned at 11:05 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk Meeting