HomeMy WebLinkAbout1980/01/02 - Agenda PacketAGENDA
CITY OF RANCHO CUCAMONGA
Regular Meeting"
Lion's Park Community Center
9161 Baseline
Rancho Cucamonga
January 2, 1980
• AGENDA ITEMS -- NOTE: All items submitted for the City Council agenda
must be in writing. The deadline for submitting items is 5:00 p.m. on
the Thursday prior to the first and third Wednesday of each month. The
City Clerk's office receives all such items.
1. CALL TO ORDER. 71e o .
• A. PLEDGE TO FLAG.
8, ROLL CALL: Mikels ,i , Palombo Schlosser Bridge! Frost
C. APPROVAL OF MINUTES: December 5, 1979.
2. ANNOUNCEMENTS
a. Council
b. Staff
3. COMMITTEE REPORTS
a. Advisory Commission
b. Historical Commission
4. CONSENT CALENDAR:
The following Consent Calendar items are expected to be routine and
non- controversial. They will be acted upon by the Council at one
time without discussion. Any Council member, staff member, or
interested party may request that an item be removed from the
Consent Calendar for later discussion.
a. Approval of Warrants: Register No. 80 -1 -02 for $294,950.61 1
b. Tract 9422 -1 Accept roads and release bond ......................... 1
Located on east side of Ramona Avenue ^ `
City Council Agenda
-2- January 2, 1980
• Owner: Marlborough Development Corporation
Performance Bond (road) $142,000
C. Tract 9427: • Accept roads and release bond
Located on the north and south sides of
Banyan Street between Hermosa Avenue and
Haven Avenue
Owner: Lesny /Wilshire Properties
Performance Bond (road) $106,000
d. Release of Certificate for Director Review No. 78 -25 in the......... 6
amount of ,500.00.
The subject certificate of deposit was required with the
development of a professional Office Building at 9820 Foothill
Boulevard. The Engineering Division conditions of approval
required street improvements, which the developer, Mr. Al
Castro, had bonded for by a certificate of deposit. The
street improvements have been completed to the satisfaction
of the Engineering Division.
e. Release of $5,000 Passbook deposit for Parcel Map 4463
• The subject Parcel Map was tentatively approved by the County.
The developer, Robert McDonald, Olaced on file with the City,
a passbook in the amount of $5,000 to guarantee the required
street improvements.
The subdivider has subsequently complied with the conditions
of approval and the $5,000 passbook should be released.
f. Right of Entry allowing construction of Demens Channel through....... 7
Heritage Par Site.
Recommendation: It is recommended that Council approve the
attached Right -of -Entry and authorize the Mayor and City Clerk
to sign the agreement.
g. Refer claim against the City by Jeannie C. Smith to the City,........ 17
Attorney for handling. Amount of Claim is $440.52.
h. Authorization for City Manager, Bill Holley, Harry Empey, and ....... 20
Jim Robinson to attend League of California Cities 14th Annual —
Employee Relations Institute January 23 -24, 1980.
5. PUBLIC HEARINGS
A. R.puu_est of Historic Preservation Commission for designation .......... 25
of the he tai waT ay Station size s a Point of Historic —
Interest.
•
City Council Aqenda
-3- January 2, 1 I
The Historic Preservation Commission held a public hearing
on November 13, 1979, regarding the designation of the Alta Loma
Railway Station as a historic landmark of the City, After con-
siderable discussion, the Commission voted unanimously that the
landmark designation was not feasible for various technical
reasons not related to its historical significance. However, the
Commission voted unanimously to recommend to Council a designa-
tion as a Point of Historic Interest.
Recommendation: It is recommended that the Alta Loma Railway
Station be designated as a Point of Historic Interest and that
Ordinance No. 95 be adopted.
ORDINANCE NO. 95 (Second Reading) P5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA CALIFORNIA, RECOGNIZING THE ALTA LOMA RAIL-
WAY STATION SITE AS A SIGNIFICANT HISTORIC POINT OF
INTEREST OF THE CITY AND THEREFORE DESIGNATING IT AS
A CITY POINT OF HISTORIC INTEREST.
B. Revision to Ordinance No. 8, Section 7 of the Park Tax Fee Ordinance. 26
In October Council directed staff to clarify Section 7 of Ordinance
No 8 dealing with park tax credit.
The Planning Commission, at its meeting of December 12, 1979, recom-
mended that the City Council amend Ordinance No. 8 by deleting Section
7 in its entirety. This recommendation was -made on the basis that the
General Plan consultants are preparing a Park and Recreation Element
and that data is needed so that a new ordinance can be written to
conform with the objectives of that element. Therefore, in the interim,
the Commission has suggested elimination of Section 7 of Ordinance No. 8.
It is the City's intent that upon adoption of the Parks and Recreation
Element that Ordinance No. 8 would be revised in its entirety to be
consistent with the standards and policies as set forth in the new
element,
Recommendation: It is recommended that the City Council adopt the
Ordinance which eliminates Section 7 of Ordinance No. 8
ORDINANCE No. 8 -A (Second Reading) .............. 31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA CALIFORNIA, AMENDING ORDINANCE NO. 8 (ELIMI-
NATING SECTION 7 IN ITS ENTIRETY AND AMENDING SECTION 8,
9, AND 10) AN ORDINANCE ESTABLISHING A PARK AND RECREATION
TAX FOR NEW RESIDENTIAL DEVELOPMENT.
,City Council Agenda -4- January 2, 1980
• C. Negative Declaration and Zone Change No. 79 -09 - Anderson.,,,,.,,,,, 32
A change of zone from R -1 to R -3 of 19.11 acres of land
located on the east side of Vineyard, between Foothill
Boulevard and Arrow Route.
Recommendation: The Planning Commission recommends that Ordinance
No. 96 be adopted approving the issuance of Negative Declaration
and adopting the zone change No. 79 -09.
ORDINANCE NO. 96 (Second Reading) .............. 43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSORS PARCEL NO.
208- 241 -02, AND 14 FROM R -1 TO R -3 ON 19.11 ACRES OF LAND
LOCATED ON THE EAST SIDE OF VINEYARD AVENUE SOUTH OF
FOOTHILL BOULEVARD.
D. Appeal of Site Approval No. 79 -19 - Atlantic Richfield .............. 44
Appeal of a decision by the Planning Commission to deny a
request for remodeling the existing Arco Station located on
the southeast corner of Foothill Boulevard and Malachite Avenue
into a self serve gasoline station and food convenience store.
E. Vacation of 8th Street (V -004) ....... ............................... 53
• The subject vacation was requested by Linville - Sanderson -Horn,
agents for Jerry Swenson. Mrs. Swenson is an owner of a plot
of land south of the area proposed to be vacated. The land will
be used for private development.
Recommendation: It is recommended that City Council approve the
a ttacc ere solution ordering the vacation of 8th Street and
direct the City Clerk to cause a certified copy of the resolution
and attached legals to be recorded with the County Recorder.
RESOLUTION N0. -i9-11 ,,. ;�.;�? ................. 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ORDERING TO RE VACATED, A PORTION OF EIGHTH STREET, AS
SHOWN ON A MAP (NO. 004) ON FILE IN THE OFFICE OF THE
CITY CLERK OF THE CITY OF RANCHO CUCAMONGA.
F. Vineyard Avenue Right of Nay Acquisition ............................ 61
Presented for Council adoption is A Resolution of Necessity to
excercise the right of eminent domain on five parcels required
for the Vineyard Avenue widening project from Arrow Route to
Eighth Street.
City Council Agenda -5- January 2, 1990
Recommendation: It is recommended that the Council approve
• the property appraisals, authorize acquisition, and pass the
Resolution of Necessity to exercise eminent domain if required.
RESOLUTION NO. 79=i- Yk'..`. .:.°� .............. 62
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA; TO EXERCISE THE
RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS ACROSS
PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC
STREETS.
6. CITY MANAGER'S STAFF REPORTS.
A. Storm Drain Policy - by Lloyd Hubbs . ... ............................... .0
B. Lease of Unit for Maintenance Crew and Storage - by Lloyd Hubbs........ 109
C. School Fees. Monte collected and not returned to school district...... 110
by Harry. Empey. —�—
D. Resolution calling election - by Lauren Wasserman ...................... 112
RESOLUTION NO.- 79 --"7T- 'fr 0 — '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
. CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA REL ING TO THE PENERAL
LAW CITIES. C<<�,��� i`.`
E. Conditional Use Permit No. 93 -80 - Rancho Cocamon a Chamber of ......... 113
Commerce. A request for extension o Gon tional Use Permit —"
to ay 30, 1980.
7. CITY ATTORNEY'S REPORTS.
S. NEW BUSINESS.
a. Council
b. Audience
9. ADJOURNMENT.
RESOLUTION NO. BO -y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING FEES FOR THE ISSUANCE
OF BICYCLE LICENSE AND ALSO THE REVENAL THEREOF.
WHEREAS, Division 16.7, Section 39004 of the Vehicle Code
provides that fees may be charged to support the bicycle resolution and
bicycle programs;
NOW THEREFORE be it resolved by the City Council of the City
of Rancho Cucamonga that the following fees for issuance and renewal of
bicycle licenses are established:
(1) For each new bicycle license, registration certificate with
accompanying license renewal tag the tri- annual fee of one
dollar ($1.00) per year or any portion thereof
(2) For each transfer of registration certificate, the fee
shall be one dollar ($1.00).
(3) For each replacement of a bicycle license or registration
certificate the fee shall be one dollar ($I.00).
(4) For each bicycle license renewal, the tri- annual fee
shall be 50 ants ($.50) per year.
PASSED, APPROVED and ADOPTED this 19th day of December, 1979.
AYES: Schlosser, Bridge, Palombo, Mikels
NOES: Frost
ABSENT: None
ATTEST:
City Clerk
Mayor
MEMORANDUM
DATE: January 2, 1980
TO: City Council
FROM: Lauren Wasserman
SUBJECT: Local Advisory Proposition concerning the distribution of
State Sales Tax.
We are providing the attached information which was sent to us by the
League of California Cities.
It is our view that a local advisory proposition concerning the distribution
of State Sales Tax Revenues would not be particularly effective, since
the decision ultimately must be made in Sacramento. To our knowledge,
only the City of Upland is placing the matter on the April 8 ballot.
(This decision was contrary to staff recommendation).
If Council wishes to include the measure on our ballot, please let us
know prior to the January 2 City Council meeting. Unless we hear otherwise
from the City Council, we will take no further action to include the
advisory measure on the ballot.
LMW:lk
1
MOW
Iwoff
Liiii League of California Cities
!, Lao
Ones 1
Wa1N Togerhe,
Sacramento, CA 95814
December 3, 1979
To: Mayors, City Managers and City Clerks in Non - Manager Cities
Subject: Information Packet and Procedures for Local Advisory Propositions
on Distribution of State Sales Tax Revenue (1979 Annual Conference
Resolution No. 62)
Pursuant to the League 1979 Annual Conference Resolution No. 62 encouraging all cities
to include an advisory proposition on the next municipal ballot regarding the alloca-
tion of the state sales tax, an information packet is enclosed.
On September 18, 1979 a virtually identical ballot measure was approved by the voters
in the City of San Diego by a 3 to 1 margin. The information packet which 15 en-
closed provides not only the text of the League Annual Conference Resolution but also
the City of San Diego's ballot measure. The packet also provides suggested and statu-
tory election procedures and deadlines and arguments for and against the measure which
appeared in the San Diego voter's pamphlet.
City Clerks attending the League's City Clerks Institute last week also discussed the
procedural aspects of an advisory ballot election with Ann Tanner, City Clerk of Palo
Alto, and member of the League's Board of Directors.
Because other cities and the League are interested in following city actions regarding
such an advisory vote, you are requested to respond to the following questions:
........e......va............o. .....................
City of
1) Has your city considered placing this advisory
measure on the ballot? Yee No
2) Will the measure be placed on the ballot? Yes _ No _
Please return to the Sacramento Office of the League as soon as possible.
(1400 K Street, Sacramento, CA 95814)
IAOOa SENEET SAOeA WOON14 HOTELCL E~ aEAKELEYW7M 900WILSHIAESLV SUITE702 LOSAN ELES9W17
(916)4w.5]W (415)N33N3 12131621.4934
League of California Cities
wo,h r0oernel Information Packet Relating to Local
Advisory Propositions on Distribution
of State Sales Tax Revenues
(1979 Annual Conference Resolution No. 62)
December 3, 1979
TABLE OF CONTENTS
Page
Text of Annual Conference Resolution No. 62 . . . . . . . . . . . . . 2
Text of Proposition C, on San Diego City Ballot
on September 1E, 1979 . . . . . . . . . . . . . . . . . . . . . . 3
Election Procedures Regarding Local Adviiory
Ballot Propositions . . . . . . . . . . . . . . . . . . . . . 4 -5
Ballot Arguments Utilized in San Diego Election . . . . . . . . . . . 6 -7
-1-
14WXSTREET SACRNAENTOMIA HOTELCLMEMORT BERaELEY"705 600WILSRIRESLV SUITC702 LOSMOELES00017
(9161N415M P15)W -x Q 1213162A -4
L
I
Text of Annual Conference Resolution No. 62 (Adopted at the 1979 Annual Conference,
San Francisco, September 25, 1979)
"RESOLUTION RELATING TO LOCAL ADVISORY PROPOSITIONS ON DISTRIBUTION OF STATE SALES
TAE REVENUE
"WHEREAS, local governments in California provide many essential public serv-
ices such as police protection, fire protection, and parka and recreation; and
"WHEREAS, of the 6% sales tax collected in California, only 12 is levied by
local agencies, the remainder being levied by the state for state distribution or
placement in state reserves; and
"WHEREAS, by adopting this resolution, the League of California Cities has no
intention of supporting a change in the distribution of the existing li local sales
tax; and
"WHEREAS, it is the position of the League of California Cities that of the
sales tax, if of the 4 -3/40 retained by the state should be distributed to local
agencies; now, therefore, be it
"RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in San Francisco, September 25, 1979, that the League encourage
all cities at an election prior to July 1, 1980, to include an advisory proposition
on the ballot requesting an expression of the public will, which advisory proposition
would read substantially as follows:
'Should the Governor and Legislature of the State of California
be advaied that:
'It is the will of the people of the City of that
the Governor and Legislature apportion the existing six cents sales
and use tax so that two cents rather than the present one cent be
allocated to be used by cities and counties and special districts
for priority local services rather than by the state for state dis-
tribution or state reserves.
'It is understood that if the Governor and Legislature so act, any
funds resulting therefrom which would cause the city to exceed a
spending limit imposed by a vote of the people of the City of
or the State of California shall, in accordance with
the provisions of the limitation, be returned to the people.
'Further, it is the will of the people that the Governor and Legis-
lature enact such allocation into law no later than July 1, 1980,
to avoid enactment of this proposal through the initiative process
to cure legislative default. "'
-2_
Text of Proposition C, as it appeared and was approved on the San Diego City
Ballot, September 18, 1979.
` "PROPOSITION C
(THIS PROPOSITION WILL APPEAR ON THE BALLOT IN THE FOLLOWING FORM)
"PROPOSITION C. ADVISING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF CALIFORNIA
OF THE WILL OF THE PEOPLE OF THE CITY OF SAN DIEGO TO HAVE ENACTED INTO LAW A RE-
ALLOCATION OF EXISTING SALES AND USE TAXES.
"Should the Governor and Legislature of the State of California be advised
that:
"It is the will of the people of the city of San Diego that the Governor
and the Legislature apportion the existing six cents state sales and use tax so
that two cents rather than the present one cent be allocated to be used by cities
and counties for priority local services rather than by the state for state services
or to the state surplus.
"It is understood that if the Governor and Legislature so act, any funds re-
sulting therefrom which would cause the city to exceed a spending limit imposed by
a vote of the people of the City of San Diego or the State of California shall, in
accordance with the provisions of Section 77 of the City Charter, be returned to
the people or expanded for capital improvements.
"Further, it is the will of the people that the Governor and Legislature en-
act such allocation into law by no later than the first of May 1980, to avoid the
unnecessary enactment by the people through the initiative process to cure legislative
default."
- 3 -
ELECTION PROCEDURES REGARDING LOCAL ADVISORY
BALLOT PROPOSITIONS
The Elections Code (Section 5353) provides a mechanism for the public to voice
their opinion on substantive issues or to indicate to the local legislative body
approval or disapproval of the ballot proposal. The "advisory vote" means an
indication of general voter opinion and the results in no way are controlling
on the legislative body.
Procedures for placing an advisory measure on the ballot are briefly summarized
below. You should consult with your city clerk and city attorney regarding the
elections procedures to be followed.
Suggested Code
Date Citation
1. Council to place measure on ballot January 24) Elec. C.
404017, 4018, 5010-
2. Determine and announce deadline for )
5016 and 22807
submission of arguments January 24)
3. City attorney to prepare synopses and may
be requested to prepare impartial analysis February 13 Elec. C. 65011
4. Prepaid cards to order synopses February 18 Slat. C. 64018
5. Public notice of nominees and measures February 28 Elec. C. 0022833-
22835
6. Committees supporting /opposing measures
1st statement due February 28) Gov. C. 0084200-
2nd statement due March 27 ) 82205
3rd statement due June 12 )
Suggestions Regarding Advisory Election Procedures:
- While not apparently required by law, ordering submission of the advisory
measure to the electors of the city at the general municipal election should
probably be published to be cautious and avoid any allegations of lack of
notice.
- Since there appears to be no deadline for submission of advisory ballot mea-
sures, the controlling factor is the time required locally to prepare the
necessary sample ballot materials.
City clerks usually prefer to publish any notice of deadlines for submittal
of ballot arguments at the same time as the Notice of Election (i.e. required
between January 30 and January 24, 1980) in order to give notice of measures
that will be on the ballot.
- Regarding an impartial analysis of the measure, under Elections Code Section
5011 the governing body may request the city attorney to prepare an impartial
analysis of the measure.
- 4 -
- Campaign Disclosure. If groups form to support or oppose the advisory
ballot measure qualify as "committees" under the Political Reform Act,
then campaign stat®ents will have to be filed as required by law.
Statements are to be filed 40 days prior to the election, 12 days
prior, and 65 or less days after the election (February 28, March 27,
June 12).
- Advisory Vote Outside City Boundaries. Section 5353(d) of the Elections
Code apparently permits the sponsoring legislative body to call for an
advisory vote outside the territory of the jurisdiction if the residents
of that territory are affected by the issue and if the advisory election
can be consolidated with the regular or special elections in such terri-
tory. However, there would be additional election costs involved.
- 5 -
- Campaign Disclosure. If groups form to support or oppose the advisory
ballot measure qualify as "committees" under the Political Reform Act,
then campaign statements will have to be filed as required by law.
Statements are to be filed 40 days prior to the election, 12 days
prior, and 65 or less days after the election (February 28, March 27,
June 12).
- Advisory Vote Outside City Boundaries. Section 5353(d) of the Elections
Code apparently permits the sponsoring legislative body to call for an
advisory vote outside the territory of the jurisdiction if the residents
of that territory are affected by the issue and if the advisory election
can be consolidated with the regular or special elections in such terri-
tory. However, there would be additional election costs involved.
- 5 -
Ballot Arguments Utilized in San Diego Election
"ARGUMENT IN FAVOR OF PROPOSITION C
"Want to send a message to Sacramento? Then Vote Yes on Proposition C!
Ask yourself, what public services are of the greatest importance to you?
Police protection?
Fire protection?
Libraries?
Parks and recreation?
All these services are provided by local government and essential to a good quality
of life.
Certainly they are of far greater value than those championed by overstaffed state
and federal bureaucracies, which produce questionable benefits to the public while
unquestionably devouring your tax dollars.
Did you know that the state collects locally a 6% sales tax, yet returns only slightly
more than 1S? The rest stays in Sacramento where a massive budget surplus has proven
to be an irresistible temptation for Sacramento politicians to underwrite their pet
projects. '
Yet, local government is faced with having to reduce or hold the line on these most
important public services.
It simply does not make sense!
Proposition C tells Sacramento it had better get the priorities straight, and address
our most critical needs without increasing the tax burden.
Proposition C proposes that some of that money that now goes to and is spent in
Sacramento be returned to local government so that city and county government does
not have to be concerned with providing you with the kind of police and fire pro-
tection or other critical services you need and deserve.
Remember that our spending limit and that proposed under the 'Spirit of 13' initiativt
requires that any extra revenue would have to be returned to you or be used for much
needed public improvements.
No wonder that Paul Gann, coauthor of Proposition 13 and the new spending limit, sup-
ports Proposition C.
San Diego Taxpayers Association supports Proposition C.
To assure essential local services, to reduce that massive surplus in
Sacramento, vote for local control and for Proposition C.
PETE WILSON
Mayor
City of San Diego
BILL LOWERY
Councilman
City of San Diego
J. BRUCE HENDERSON
President
Association of Concerned Taxpayers
CARLETON LICHTY
President
San Diego Chamber of Commerce
JACK PEARSON
President
San Diego Police Officers Association"
"ARGUMENT AGAINST PROPOSITION C
"Opposition to diversion of sales tax.
In passing Proposition G A J, 75% of the voters in San Diego voted to establish spend-
ing limits in the county and city respectively. Proposition 13 was overwhelmingly
passed by the voters in an effort to tell government to cut back their spending, not
increase it. Proposition C asks you the voters, whether or not you want to have the
- 6 -
Governor and state legislature allocate 20 of the state sales and use tax to local
governments rather than the current 1J. I believe that this is act the will of the
people. This proposal is in direct opposition to the philosophies set forth by
Propositions G, J, 6 13, which preclude the need for any additional revenues.
The real issue we need to address is not where our revenues will come from, and how
much, but is one which deals with the current inequities of our tax system. Proposi-
tion C does not address the issues of tax inequities. What is required is a major
overhaul of our present tax system based on evaluations of public services from a
regional perspective.
As a result of these propositions, local governments are cutting back unnecessary fat,
and effectively consolidating departments and programs. Asking for additional revenues
will put us right back where we started. I urge you to vote no on Proposition C.
JIM BATES
Supervisor Fourth District"
- 7
RESOLUTION NO. 80 -3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ORDERING TO BE VACATED, A PORTIOM OF EIGHTH STREET, AS
SHOWN ON A NAP (NO. 004) ON FILE IN THE OFFICE OF THE CITY
CLERK OF THE CITY OF RANCHO CUCAMONGA.
WHEREAS, by Resolution No. 79 -96, passed November 21, 1979,
the Council of the City of Rancho Cucamonga declared its intention to
vacate a portion of a City street hereinafter more particularly described,
and set the hour of 1:00 p.m.. on January 2, 1980, in the Lion's Park
Community Center, located at 9161 Baseline, Rancho Cucamonga, California,
as the time and place for hearing all persons objecting to the proposed
vacation; and
WHEREAS, such public hearing has been held at said time and
place, and there were no protests, oral or written, to such vacation;
BE IT RESOLVED by the Council of the City of Rancho Cucamonga
as follows:
SECTION 1: The Council hereby finds from all the evidence
submitted that a portion of Eighth Street is unnecessary for present or
prospective public street purposes, and the City Council hereby makes
its order vacating that portion of said City street as shown on Map No.
V -004 on file in the office of the Clerk of the City of Rancho Cucamonga,
which has been further described in a legal description which is attached
hereto, marked Exhibit "A ", and by reference made a part thereof.
SECTION 2: The subject vacation shall be subject to the
reservationsns annexceptions, if any, set forth in Exhibit "B ", which
is attached hereto and by reference made a part hereof.
SECTION 3: The Clerk sah11 cause a certified copy of this
resolution t— o-5e—recorded in the office of the County Recorder of San
Bernardino County, California.
SECTION 4: The Clerk shall certify to the passage and adoption
of this reso union, and it shall thereupon take effect and be in force.
PASSED, APPROVED, and ADOPTED this '_day of 1980.
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Resolution No. 79 -115
EXHIBIT "A"
PROPOSED VACATION OF EIGHTH STREET
'FORMERLY FIRST STREET PER M.S. 12/29
LEGAL DESCRIPTION
All that portion of Eighth Street, 50.00 feet wide, (formerly First
` Street) as shown on the Townsite of Rochester as per plat recorded
in Book 12 of Maps Page 29, Records of San Bernardino County Bounded
as follows:
On the East by the West line of the East 70 feet of Section
17 Township South Range 6, West Being the West line of the
land dedicated to the San Bernardino County Flood Control District
as described in_deeds recorded in Book 732 Page 282 and Book 746,
Page 257 of Deeds, official records of said County.
EXHIBIT "B"
Reservations and /or exceptions for the vacation of Eighth Street formerly
First Street.
LEGAL DESCRIPTION
Reserving unto the southern California Edison Company the southerly
25.00 feet of that portion of Eighth Street described in Exhibit "A"
above for public utility purposes.
S(0
January 2, 1980
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
1. CALL TO ORDER.
The regular meeting of the City Council was held in the Lion's Park Community Center,
9161 Baseline Road, Rancho Cucamonga, on Wednesday, January 2, 1980. The meeting
was called to order Lt 7:00 p.m. by Mayor James C. Frost who led in the pledge to
the flag.
Present: Councilmen Phillip Schlosser, Jon Mikels, Michael Palombo, Arthur Bridge,
and Mayor James C. Frost. Also present were staff members: City Manager, Lauren
Wasserman, Interim City Attorney,Sam Crowe; Community Development Director, Jack
Lam; City Engineer, Lloyd Butts; Finance Director, Harry Empey .
Absent: Assistant City Manager, Jim Robinson; and Community Services Director,
Bill Holley.
Approval of Minutes: Motion: Moved by Mikels, seconded by Palombo to approve
the minutes of December 5, 1979. Motion carried 5 -0.
2. ANNOUNCEMENTS.
a. Mayor said he had received a letter stating that Mike Palombo had been named to
serve on the Statewide Policy Committee on Public Safety.
b. On Thursday, January 3, C -Pac will be holding a public hearing regarding the
North Town improvements to be held at the Neighborhood Center at Arrow and Archibald,
c. Historical Commission meeting on January 8 at 7:00 p.m. to be held in the Lion's
Park Community Center.
d. Advisory Commission will meet on Thursday, January 17.
e. General Plan Advisory Committee meeting will be on January 15 at 7 :00 p.m. at
the Lion's Park Community Center.
f. Schlosser announced he would not be at the next Council meeting since he would
be out of town on business.
g. Mikels announced he would be at the SCAG Executive Committee meeting on Thursday,
January 3. The Committee would be discussing the issue of future expansion of the
airport.
h. Staff had the following requests for changes in the agenda:
- Added item -- Revised Bike License Fee Resolution.
- Added item -- Authorization of the Finance Director to go to Sacramento.
Mayor said they would be items 6F and 6G respectively.
I. Mayor announced that Terry Van Hook wished to bring up the limitation on
campaign funds during new business.
3. COM1MISSION REPORTS.
a. Advisory Commission -- none.
b. Historical Commission -- none.
Mr. Wasserman reminded Council that they still had a replacement for the Advisory
Commission to fill. Council then discussed how to deal with this.
City Council Minutes
January 2, 1980
Page Two
Motion: Moved by Bridge, seconded by Schlosser to nominate Marge Stamm to
the Alta Loma Advisory Commission. Motion carried by the following vote: AYES:
Schlosser, Mikels, Palombo, Bridge, and Frost. NOES. None. ABSENT: None.
Motion: Moved by Mikels, seconded by Schlosser to approve the nomination of Marge
Stamm for the Alta Loma Advisory Commission contingent upon her acceptance. Motion
carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost.
NOES: None. ABSENT: None.
4. CONSENT CALENDAR.
a. Approval of Warrants: Register No. 80 -1 -02 for $294,950.61.
b. Tract 9422 -1: Accept roads and release bond.
Located on east side of Ramona Avenue south of Church Street.
Owner: Marlborough Development Corporation
Performance bond (road) $142,000
c. Tract 9427: Accept roads and release bond
Located on the north and south sides of Banyan Street between
Hermosa Avenue and Haven Avenue.
Owner: Lesny /Wilshire Properties
Performance bond (road) $106,000
d. Release of Certificate for Director Review No. 78 -25 in the amount of $7,500.
The subject certificate of deposit was required with the development of a
professional office building at 9820 Foothill Boulevard. The Engineering
Division conditions of approval required street improvements which the developer,
Mr. Al Castro, had bonded for by a certificate of deposit. The street improve-
ments have been completed to the satisfaction of the Engineering Division.
e. Release of $5,000 Passbook Deposit for Parcel Map 4463.
The subject Parcel Map was tentatively approved by the County. The developer,
Robert McDonald, placed on file with the City a passbook in the amount of
$5,000 to guarantee the required street improvements.
The subdivider has subsequently complied with the conditions of approval and the
55,000 passbook should be released.
f. Right of Entry allowing construction of Demens Channel through Heritage Park
Site.
It is recommended that Council approve the Right -of -Entry agreement and authorize
the Mayor and City Clerk to sign the agreement.
g. Refer claim against the City by Jeannie C. Smith to the City Attorney for
handling. Amount of claim is $440.52.
h. Authorization for City Manager, Bill Holley, Harry Empey, and Jim Robinson
to attend League of California Cities 14th Annual Employee Relations nstitute
January 23 -24, 1980.
Motion: Moved by Schlosser, seconded by Mikels to approve the Consent Calendar as
submitted. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo,
Bridge, and Frost. NOES: None. ABSENT: None.
Mikels commented regarding item "h" on the Consent Calendar that as a Councilman
he went to this last year and found it profitable. He would like to attend at least
one day this year. Mayor Frost said he also planned on attending. Mr. Wasserman
said this had been budgeted for the Council to attend.
City Council Minutes
January 2, 1980
Page Three
5. PUBLIC HEARINGS.
Mayor opened the meeting for public hearing. Since there was no one wishing to
address Council, the hearing was closed.
Motion: Moved by Palumbo, seconded by Mikels to adopt Ordinance No. 95 which would
designate the Alta Loma Railway Station as a point of historic interest and to waive
the entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels,
Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title read by
Wasserman.
ORDINANCE NO. 95 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ALTA
LOMA RAILWAY STATION SITE AS A SIGNIFICANT HISTORIC
POINT OF INTEREST OF THE CITY AND THEREFORE DESIGNA-
TING IT AS A CITY POINT OF HISTORIC INTEREST.
53. An Ordinance which revises Ordinance No. 8, section 7, of the Park Tax Fee
Ordinance before Council for second reading. Staff report by Jack Lam.
Mayor opened the meeting for public hearing.
Ralph Lewis, Lewis Homes, said if this was removed temporarily and would be put back
into the ordinance later that would be okay. However, if it wasn't restored, he
would oppose. He wanted this to go on record.
Mikels expressed that to take this away completelywould be eliminating incentive for
park development.
Mayor closed the public hearing.
Motion: Moved by Mikels, seconded by Palumbo to adopt Ordinance No. 8 -A which
revises Ordinance No. 8, section 7, of the Park Tax Pee Ordinance and to waive the
entire reading.
Schlosser asked how could Council be assured this would be put back in. Mr.
Wasserman said the best way would be to refer it back to the Planning Commission.
Mr. Lam said this was on record by the Planning Commission that this would come up
once the Park and Recreation Element was completed.
Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and
Frost. NOES: None. ABSENT: None. Number and title read by Wasserman.
ORDINANCE NO. 8 -A (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 8
(ELIMINATING SECTION 7 IN ITS ENTIRETY AND AMENDING
SECTION 8, 9, AND 10) AN ORDINANCE ESTABLISHING A
PARK AND RECREATION TAX FOR NEW RESIDENTIAL DEVELOPMENT.
Motion: Moved by Palombo, seconded by Schlosser to direct the Planning Commission to
review Ordinance No. 8 -A in August after the completion of the Park and Recreation
Element. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo,
Bridge, and Frost. NOES: None. ABSENT: None.
City Council Minutes
January 2, 1980
Page Four
5C. Ordinance No. 96 before Council for second reading for a negative declaration
and zone change No. 79 -09. Request by Anderson. Staff report by Jack Lam.
A change of one from R -1 to R -3 for 19.11 acres of land located on the east side
of Vineyard between Foothill Boulevard and Arrow Route.
Mayor opened the meeting for public hearing.
Mr. Anderson expressed that they would encourage adoption of the ordinance since
they were anxious to proceed with the development.
Mayor closed the public hearing.
Motion: Moved by Palumbo, seconded by Mikels to adopt Ordinance No. 96 and to waive
the entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels,
Palumbo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title read by
Wasserman.
ORDINANCE NO. 96 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSORS
PARCEL NO. 208- 241 -02 and 14 FROM R -1 TO R -3 ON 19.11
ACRESOF LAND LOCATED ON THE EAST SIDE OF VINEYARD
AVENUE SOUTH OF FOOTHILL BOULEVARD.
RECESS: Mayor called a recess at 7:25 p.m. in order for visuals to be set on for
the next hearing. The meeting reconvened at 7:30 p.m. with all members of the
Council and staff present.
5D. Appeal of Site Approval No. 79 -19 by Atlantic Richfield. Staff report by
Jack Lam.
On November 28 the Planning Commission had denied a request for the remodeling of
the existing Arco Station located on the southeast corner of Foothill Boulevard
and Malachite Avenue into a self -serve gasoline station and food convenience store.
The applicant was proposing to convert the existing automobile service bays into a
convenience food store that would serve typical convenience goods such as dairy
products, tobacco items, bakery items, beer, wine, etc. Gasoline service pumps
would be retained and would become totally self service facilities. In addition to
the remodeling of the interior of the building, the applicant has proposed to add
landscaping throughout the site, close the north driveway on Malachite Avenue, upgrade
exterior building elevations, and revise the entire sign program to be in conformance
with the sign ordinance.
Mayor opened the meeting for public hearing.
Sam Blick, attorney representing Atlantic Richfield, addressed Council. He
emphasized the following points:
1. That there wasn't any landscaping presently at the site. They
would be adding considerable landscaping.
2. They would be closing the north driveway on Malachite in order to
provide for the additional landscaping. However, he requested
that the two driveways remain open on Foothill Boulevard.
3. Signs would be in conformance to the city's sign ordinance.
4. It was a chance for the city to take an unattractive site and
to have it made better.
5. Traffic problems, although they were not ideal, they were not
dangerous. He pointed out that the amount of traffic would not
change from the present volume.
Schlosser asked why they would want to go out of servicing automobiles. Mr. Blick stated
1
City Council Minutes
January 2, 1980
Page Five
that the dealer was not making enough profit through automotive servicing and
requested help. This was something they had tried in other places and it was
profitable.
Schlosser said there was a number of other markets in the area. Why would they want
to establish another mini - market? Mr. Blick stated this was not to compete with
Perry's Market. He said this was to be only a convenience store for people to pick
up small convenience items while getting gas. This would not affect other businesses
but would be an added convenience to the customer.
George Ryan, Marketing Director for Atlantic Richfield, answered other questions asked
by the Council as to why they would desire to go into this type of business.
Mayor said he still had negative feelings because of the traffic problem. Mr. Hlick
responded by saying that traffic would not be increased in any way.
Public hearing was closed.
Bridge said there were a lot of abandoned service stations around. He favored this
in order to keep the station viable.
Motion: Moved by Bridge, seconded by Schlosser to approve the request for the re-
modeling of the existing Arco Station into a self service gasoline station and food
convenience store subject to the conditions being reviewed by the Planning Commission
and for the plan to include the two access points onto Foothill Boulevard. Motion
carried by the following vote: AYES: Schlosser, Mikels, Bridge. NOES: Palombo
and Frost. ABSENT: None. Palumbo stated he opposed this because it would be removing
another service to the citizens.
5E. Vacation of 8th Street. Staff report by Lloyd Hobbs.
The subject vacation was requested by Linville- Sanderson -Horn, agents for Jerry
Swenson. Mrs. Swenson is an owner of a plot of land south of the area proposed to
be vacated. The land will be used for private development.
Item had been advertised in the Daily Report in accordance with law, and no opposition
had been received.
Mayor opened the meeting for public hearing. Since no one desired to address Council,
the public hearing was closed.
Motion: Moved by Palombo, seconded by Bridge to approve Resolution No. 80 -3 ordering
the vacation of 8th Street and to waive the entire reading. Motion carried by the
following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None.
ABSENT: None. Number and title read by Wasserman.
RESOLUTION NO. 80 -3
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
EIGHTH STREET, AS SHOWN ON MAP (NO. 004) ON FILE
IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO
CUCAMONGA.
City Council Minutes
January 2, 1980
Page Six
5F. Vineyard Avenue Right -of -Way Acquisition. Staff report by Lloyd Hobbs.
A Resolution of Necessity to exercise the right of eminent domain on five parcels
which is required for the Vineyard Avenue widening project from Arrow Route to
Eighth Street.
Notices of hearing had been sent by certified mail to:
Gerald W. Barker; Mildred R. Barker; Leion F. Lucas; Anthony D.
Lucas; Wayne Lloyd, Atchinson, Topeka, and Santa Fe Railroad;
Delmas L. Bray.
There had been no oppositions received.
Mayor opened the meeting for public hearing.
Arnold Anderson asked why the project was only to Arrow and not to Foothill.
Mr. Hubbs said the project was to provide four lanes of traffic to the Interstate .
10. There werealready four lanes to Foothill. He also said that curb, gutters, etc.
would not be provided.
Public hearing was closed.
Motion: Moved by Palombo, seconded by Mikels to approve Resolution No. 80 -2 and to
waive the entire reading. Motion carried by the following vote: AYES: Schlosser,
Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title
read by Wasserman.
RESOLUTION NO. 80 -2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, TO EXERCISE THE
RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS ACROSS
PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF
PUBLIC STREETS.
6. CITY MANAGER'S STAFF REPORTS.
6A. Storm Drain Policy. Staff report by Lloyd Hobbs.
Mr. Hubbs introduced Bill Mann of L.D. King who presented an oral report to the
Council on storm drain policy. He introduced Barry Hanson, engineer on the project.
Motion: Moved by Schlosser, seconded by Palombo to adopt the storm drain policy
as presented by Mr. Mann.
Meeting was opened for public input.
Ralph Lewis, Lewis Homes, said one of his people had looked over the proposal and
said it was reasonable, and they had no objections with the policy.
Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge,
and Frost. NOES: None. ABSENT: None.
6B. Lease of unit for maintenance crew and storage. Staff report by Lloyd Hobbs.
Mr. Hobbs explained the problem with lack of storage since we have hired maintenance
workers. He said a 1200 square foot unit was available behiol the present offices.
The only other thing available would be a rental storage unit.
Motion: Moved by Palombo, seconded by Schlosser to approve the appropriation of
$1560 from the contingency fund to lease 1200 square foot unit for storage through
July 1, 1980 with an option at that time. Motion carried by following vote:
AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None, ABSENT: None.
City Council Minutes
January 2, 1980
Page Seven
6C. School Fees. Staff report by Harry Empey.
Money had been collected for temporary school facilities by the City and not all
the funds had been turned over to the school districts. Alta Loma School District
was requesting that the remaining funds be released.
Sam Crowe said that since this was approved by the City Council, the Attorney
General had made a determination that these school fees were a special tax. He said
there were two cases in court now. If these were determined by court to be a special
tax, then we would be required to refund the monies since they would be illegal.
Motion: Moved by Mikels, seconded by Palombo to refer to legal staff to study options.
Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and
Frost. NOES: None. ABSENT: None.
Schlosser said he thought we should take the gamble so we could have the classrooms.
He said since he would not be present at the next meeting, he wanted to express his
opinion.
6D. Resolution calling the election. Staff report by Lauren Wasserman.
A requirement of law to have Council pass a resolution calling the municipal election
for April 8, 1980. The City Attorney had drafted a new section, Section VI, as
follows:
Section VI. The City is, in this election, placing the issue of
appointment of the City Treasurer and City Clerk before the voters.
In the event the voters approve the appointment of the City Treasurer
and City Clerk, the election as to those officers only shall be of no
effect.
Motion: Moved by Mikels, seconded by Palombo to approve Resolution No. 80 -1 and
waive the entire reading. Motion carried by the following vote: AYES: Schlosser,
Mikels, Palumbo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title
read by Wasserman.
RESOLUTION No. 80 -1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA TO THE GENERAL LAW CITIES.
6E. Conditional Use Permit No. 93 -80 by Rancho Cucamonga Chamber of Commerce.
Staff report by Lauren Wasserman.
A request for extension of the conditional use permit to May 30, 1980 for the
mobile unit that is used as the Chamber office.
Motion: Moved by Palombo, seconded by Schlosser to approve the request for extension
of the CUP by the Chamber of Commerce to May 30, 1980. Motion carried by the
following vote: AYES: Schlosser, Palombo, Bridge, and Frost. NOES: None. ABSENT:
Mikels (he had left the council table briefly).
6F. Added item: Bike Resolution. Staff report by Lauren Wasserman.
The bike resolution which had been passed at the December 19, 1979 meeting had been
revised to clarify the fees and to bring it into conformance with State law.
Motion: Moved by Bridge, seconded by Schlosser to approve Resolution No. 80 -4
and to waive the entire reading. Motion carried by the following vote: AYES:
Schlosser, Mikels, Palombo, Bridge. NOES: Frost. ABSENT: None. (Frost stated he
had not approved the first resolution for the reasons he felt we should simply issue
the license and not charge fees. He still felt the same way.)
City Council Minutes
January 2, 1980
Page Eight
It was brought to the Council's attention that the Resolution which they had
just passed did not rescind the previous resolution.
Motion: Moved by Mikels, seconded by Palumbo to amend Resolution No. 80 -4 to
Include in Resolution No. 80 -4 that Resolution No. 79 -104 is hereby rescinded.
Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge,
and Frost. NOES: None. ABSENT: None. Number and title read by Wasserman.
RESOLUTION NO. 80 -4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING FEES
FOR THE ISSUANCE OF BICYCLE LICENSE AND ALSO THE
RENEWAL THEREOF AND RECINDING RESOLUTION NO. 79 -104.
6G. Added item: Request for Finance Director to go to Sacramento. Staff report
by Lauren Wasserman.
There was to be a meeting in Sacramento designed especially for newly incorporated
cities for the purpose of implementing Proposition 4. It was felt important that
the city's Finance Director attend this meeting.
Motion: Moved by Bridge, seconded by Palombo to approve sending the Finance Director
to the meeting in Sacramento on January 8. Motion carried 5 -0.
7. CITY ATTORNEY'S REPORTS.
Mr. Crowe reported that since staff has not been able to draft an ordinance regula-
ting adult businesses, it was necessary to extend the existing moratorium. Mr. Crowe
had placed copies of the proposed ordinance to extend the time before Council, and
announced that it would be placed on the next agenda for adoption.
Mr. Crowe also gave a report regarding the City Treasurer and City Clerk issue on
the ballot. He said they have finally received an interpretation by the Attorney
General that in the event the voters elect a City Treasurer and City Clerk, the pre-
vious appointments will be made void. And if the ballot issue passes and should
there be others uhoalso run and win, then those people will be elected, but will not be
able to serve office.
8. NEW BUSINESS.
a. Terry Van Hook addressed the Council on the issue of limiting campaign funds. He
desired to see Council reverse its previous action to limit the amount of funds received.
Mikels made a motion that the staff come back on the 16th with some alternative
recommendations. Mr. Crowe pointed out this was something that could be done for the
future, but for the present election there were no limitations set. The 16th would
be too late to make a decision for the present election, since nominations could be
received starting on the 10th. Mikels withdrew his motion.
Motion: Moved by Mikels to meet on Wednesday, January 9, at a special meeting, to
consider limitations on campaign and contribution spending and have staff develop
alternatives for council consideration. For lack of a second, the motion failed.
Bridge said that at some other time this should be discussed. Mr. Crowe said he
could give Council a copy of the Election Code sections involving campaign spending.
He said this would probably answer all the questions that staff would address and
he could provide this within the next thirty days.
d. Mayor discussed the recent Traffic Committee recommendations. He said he was not
pleased with the results of the Banyan and Carnelian traffic count. Bridge said he
would like to see a new traffic count made when Sapphire Street was opened. (The
Traffic Committee had recommended not putting in a 4 -way stop at the intersection).
Hubbs and Wasserman said they could put the counters out again and that further infor-
mation could be obtained at the February Traffic Committee meeting.
City Council Minutes
January 2, 1980
Page Nine
C. Mayor reminded Council of the breakfast with Jim Lloyd on Saturday, January 5,
at 9:00 a.m. at Buffums in Pomona.
9_ ADJOURNMENT.
Motion: Moved by Palombo, seconded by Mikels to adjourn. Motion carried by
following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None.
ABSENT: None. The meeting adjourned at 10:30 p.m.
Respectfully submitted,
Beverly Authelet
Deputy City Clerk