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HomeMy WebLinkAbout1984/01/18 - Minutes January 18, 1984 CIT~ OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin8 A reEular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, January 18, 1984, in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:32 p.m, by Mayor Jou D. Mikeis. Present: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present: City Manager, Laureu M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley; and Finance Director, Harry Empey. 2 · ANNOUNCEMENTS 2A. Thursday, February 16, 1984, 7:00 p.m. - Rescheduled CITY COUNCIL/FIRE DISTRICT BOARD MEETING, Lions Park Community Center. 2B. Thursday, January 19, 1984, 7:00 p.m. - PARKS ADVISORY COMMITTEE MEETING, Lions Park Community Center. 2C. Tuesday, January 24, 1984, 7:00 p.m. - ADJOURNED CITY COUNCIL MEETING to discuss CATV, Lions Park Community Center. 2D. Mr. Wasserman requested Council consider Resolution No. 83-222A as an addition to the Agenda. Council concurred; it became item 6C on the Agenda. 21. Mr. Wasserman stated that staff requested that Council adjourn to a Closed Session following the meeting. 3. CONSENT CALENDAR 3A. Approval of Warrants, Register Nos. 84-1-18 and 141,771.56, and Payroll ending 12-25-83 for the total amount of $50,868.50. 3B. Forward Claim against the City by Marvino Hill (CL 84-04) to the City Attorney and Insurance Carrier for handling. 3C. Forward Claim against the City by Thomas W. Miller (CL 84-05) to the City Attorney and Insurance Carrier for handling. 3D. Forward Claim against the City by Ronald K. Raterink (CL 84-06) to the City Attorney and Insurance Carrier for handling. 3E. Approval of the Summarily Vacation of a 20-foot public utility easement for sewer and water purposes dedicated to the City of Rancho Cucamonga in connection with Parcel Map 7349 located east of the 1-15 Freeway at Hyssop. RESOLUTION NO. 84-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 20 FOOT WIDE PUBLIC EASEMENT FOR SEWER AND WATER PURPOSES DEDICATED TO THE CITY OF RANCHO CUCAMONGA IN CONNECTION WITH PARCEL MAP 7349 (V-034). (I> (2) <3) (4) City Council Minutes January 18, 1984 Page 2 (5) (6) (7) (8) (9) (lo) 3F. Approval of Parcel Map 8007 and Real Property Improvement Contract and Lie Agreement submitted by Philo Biane, located on the west side of Hermost between Wilson and Hillside Road. RESOLUTION NO. 84-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM PHILO BIANE FOR PARCEL MAP 8007 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. RESOLUTION NO. 84-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 8007, (TENTATIVE PARCEL MAP NO. 8007) 3G. Release of Bonds: P.M. 5792 - Located north of Base Line on the west side of Archibald Avenue. Release bonds submitted by Lewis Properties and accept bonds and Agreements submitted by Calmark Development Corp. Release Faithful Performance Bond $49,000.00 P.M. 6651 - Located on the northeast corner of Base Line and Archibald Avenue; owner, DIC Associates. Release Faithful Performance Bond $ 8,250.00 P.M. 5922 - Located at Jasper and Gala; owner, Family Savings & Loa~ A~sociation. Release Labor & Material Bond (road) $48,513.02 RESOLUTION NO. 84-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 5792. 3H. Approval of request for extension of time for Bonds and Agreement for the construction of off-site improvements for Parcel Map 5981 submitted by Arlan Walton and located on the east side of Sapphire Street, south of Hillside Road. RESOLUTION NO. 84-10 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, IMPROVEMENT EXTENSION AGREEMENT AND SECURITY FOR PARCEL MAP 5981. THE CITY OF APPROVING IMPROVEMENT 31. Approval of request for extension of time for construction of improvements for Tract 9472 submitted by Boulevard Development, Inc. located on the north side of 19th Street, east of Hermosa Avenue, RESOLUTION NO. 84-11 A RESOLUTION OF TItE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEHENT SECURITY FOR TRACT 9472. City Council Minutes January 18, 1984 Page 3 3J. Approval of Security and Agreement for a Single Family Residence located on the southeast corner of Summit and Etiwanda Avenues submitted by Richard French. RESOLUTION NO. 84-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 12919 SUMMIT AVENUE LOCATED AT THE SOUTEEAST CORNER OF SUMMIT AND ETIWANDA. 3K. Approval of destruction of Personnel Records no longer required by Law. RESOLUTION NO. 84-13 A RESOLUTION OF THE CITY COUNCIL KANCHO CUCAMONGA, CALIFORNIA, DESTRUCTION OF CITY RECORDS AND ARE NO LONGER REQUIRED AS GOVEPENT CODE SECTION 34090. OF THE CITY OF AUTHORIZING THE DOCUMNTS WHICH PROVIDED UNDER 3L. Approval of authorization for the City of Rancho Cucamonga to renew participation in the California State Surplus Property Program. RESOLUTION NO. 84-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EMPLOYEES DESIGNATED BY NAM AND TITLE BELOW TO ACT AS REPRESENTATIVE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN ACQUIRING FEDERAL SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED. 3M. Approval of agreement with City of Montclair to complete a cooperative study to consolidate and abandon the Southern Pacific's Foothill Railroad Line. Cost not-to-exceed $9,000 to be funded from Systems Development funds. 3N. Approval to designate feature of the City of City Historic Landmark. A RESOLUTION the Cherbak Family Home as a significant historic Rancho Cucamonga and therefore designating it as a RESOLUTION NO. 84-15 FOR THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE CHERBAK FAMILY HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC 30. Approval to designate the United Methodist Church of Cucamonga as a significant historic feature of the City of Rancho Cucamonga and therefore designating it as a City Historic Landmark. RESOLUTION NO. 84-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE UNITED METHODIST CHURCH OF CUCAMONGA AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND TIIEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. City Council Minutes January 18, 1984 Page 4 MOTION: Moved by Dahl, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5-0. 4. ADVERTISED PUBLIC HEARINGS (17) 4A. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83-08 (TENTATIVE TRACT 12525) - TRUAX - A change of zone from Medium Density Residential (8-14 du/ac) to Low Medium Residential (4-8 du/ac) for a total development subdivision of 16.5 acres into 123 lots, comprising 122 zero lot line units generally located on the south side of Arrow Highway, between Turner Avenue and Center Avenue - APN 209-091-10. Moyor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 216. ORDINANCE NO. 216 (first reading) AN ORDINANCE OF THE CITY OF P.~CMO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209-091-10 LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN TURNER AVENUE, AND CENTER AVENUE FROM MEDIUM DENSITY RESIDENTIAL (8-14 DU/AC) TO LOW MEDIUM RESIDENTIAL (4-8 DU/AC). MOTION: Moved by Dehl, seconded by Schlosser to waive full reading Ordinance No. 216. Motion carried unanimously 5-0. Mayor Mikels set second reading for February 1, 1984. of ***** 4B. APPROVAL OF TItE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ALTA LOMA DRAINAGE SYSTEM - It is recommended that the City Council consider approval of the attached resolution certifying and adopting the Enviro~ental Impact Report for the Alta Loma Drainage System. Mr. Donald King, consultant for the project, presented report. Mayor Mikeis opened the meeting for public hearing. Addressing Council were: phil Fornay asked about Mr. King's name being on the list of developers and if this was a conflict of interest. He also wanted to know who would pay for this, the City or the developer. His concern was that he had heard that the developers owned more acres than the people, and the people would not have a chance to turn this down. Albert Leon expressed that they had never felt any damage from flooding. Derlene Tats, owner of ten acres along Hillside and Hermosa, asked why property owners in this zone are going to have to pay for the Hillside/Wilson project. She felt everyone in Alta Loma should share in these costs. Mayor Mikels stated that these questions should be addressed later on in the meeting under item 6A -- questions relating to the EIR. There being no further response from the public, the public hearing was closed. City Council Minutes January 18, 1984 Page 5 City Clerk Hasgerman read the title of Resolution No. 84-17. RESOLUTION NO. 84-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ADOPTION AND CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALTA LOMA DRAINAGE SYSTEM. MOTION: Moved by Schlosser, seconded by Dahl to adopt Resolution No. 84-17 and waive full reading. Motion carried unanimously 5-0. 4C. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT - An amendment to Title 14 of the Rancho Cucamonga Municipal Code, Section 14.20.110 of Chapter 14.20, Signs, to change the maximum height limit for a wall sign on an industrial building from 20 feet to a height not to project above the roofline. Staff report by Rick Gomez, City Planner. Mayor Mikeis opened the meeting for public hearing. There the public hearing was closed. City Clerk Wasgerman read the title of Ordinance No. 65-C. ORDINANCE NO. 65-C (first reading) being no response, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 14.20, SECTION 14.20.110 OF TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE WHICH REGULATES SIGNS TO ELIMINATE THE TWENTY (20) FOOT MAXIMUM HEIGHT REQUIREMENT FOR WALL SIGNS ON INDUSTRIAL BUILDINGS. MOTION: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 65-C. Motion carried unanimously 5-0. Mayor Mikeis set second reau£ng for February 1, 1984. ***** 4D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 84-01 - An amendment to the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, amending Section 17.08.040-B and 17.08 040-C to require a Conditional Use Permit for single family detached dwellings less than 900 sq. ft. Staff report by Rick Gomez, City Planner. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 211-A. ORDINANCE 211-A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.08, TABLES 17.08.040-B AND C, OF THE MUNICIPAL CODE, TO REQUIRE A CONDITIONAL USE PERMIT FOR SINGLE FAMILY DETACHED DWELLINGS LESS THAN 900 SQUARE FEET. Mr. Dahl stated he had a concern with the Resolution. He did not believe it was the intent of Council to perpetuate a non-conforming use and was not in favor of putting this in a Resolution form. MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 211-A. Motion carried unanimously 5-0. City Council Minutes January 18, 1984 Page 6 (22) Mayor Mikeis set second reading for February I, 1984. 4E. ORDER TO VACATE THE NORTH/SOUTH ALLEY LOCATED WEST OF CENTER AVENUE AND SOUTH OF 25TH STREET. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public hearing. the public hearing was closed. There being no response, City Clerk Wasserman read the title of Resolution No. 84-18. RESOLUTION NO. 84-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P~CHO CUCA~ONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, THE NORTH/SOUTH ALLEY LOCATED WEST OF CENTER AVENUE AND SOUTH OF 25TH STREET. MOTION: Moved by Buquet, seconded by Dahl to adopt Resolution No. 84-18 and waive full reading. Motion carried unanimously 5-0. 4F. DEVELOPMENT AGREEMENT - CALMARK DEVELOPMENT - HERITAGE PARK SENIOR CITIZEN HOUSING PROJECT - Approval of a Development Agreement between the City of Rancho Cucamonga and Calmark Development Corporation for Heritage Park Senior' Citizen Housing Project located west of Archibald, north of Base Line. Staff report by Rick Gomez, City Planner. Council discussed the minimum number of days a written notice of any rent increase should be sent to tenants. MOTION: Moved by Buquet, seconded by Dahl to change the minimum number of days from thirty to sixty days in advance that tenants should be notified of any rent increase. Mr. Doughstry pointed out that if Council wished to change the agreement, then the first reading of the Ordinance must be postponed until they are sure the change is accepted by the developer and the agreement is changed. MOTION: Carried unanimously 5-0. Mayor Mikels stated that Ordinance No. 217 would be continued to February 1, 1984, along with the agreement in order to check with the developer of the proposed changes. ORDINANCE NO. 217 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CALMARK DEVELOPMENT CORPORATION. Mayor M/kels called a recess at 8:45 p.m. The meeting reconvened at 9:07 p.m. with all members of Council and staff present. City Council Minutes January tg, 1984 Page 7 5. NON-ADVERTISED PUBLIC HEARINGS 5A. APPEAL OF USE DETERMINATION 83-03 - ALTA LOMA FEED STORE - A request to determine if a feed store facility at 6681 Etiwanda Avenue is appropriate for the VL District of Etiwanda. Staff report by Rick Gomez, City Planner. Mr. Gomez stated that the appellant's legal counsel has requested the item be withdrawn. Mr. Dougherty stated this should be continued until a written withdrawal is received. MOTION: Moved by Dahl, seconded by Schlosser to continue to February 1, 1984 unless no confirming withdrawal is received. Motion carried unanimously 5-0. ***** 5B. APPROVAL OF CONDEMNATION AGREEMENT WITH R.C. LAND CO. Construction of Training Levee Providing Flood Protection for Tracts 11934, 12044, 12045, and 12046. Approval is recommended of agreement with R.C. Land Co. to cover all costs involved in the condemnation of lands required for the construction of a flood protection training levee. Mayor Mikeis had requested this item be continued from the Consent Calendar of the last meeting. Mr. Mikels stated that since no one could be present at this meeting either, he therefore, recommended that the item be continued to the February 1, 1984 meeting. Council concurred. <23> (24) 6. CITY MANAGER'S REPORTS 6A. FORMATION OF ASSESSMENT DISTRICT 82-2. Recommend approval for actions necessary to initiate proceedings to formation of Assessment District 82-2 and approval of plans, specifications, Engineer's Report and fixing the date for protest hearing for Hatch 7, 1984. Staff report by Lloyd Hubbs, City Engineer. Don Owen, consultant for project, reco~nended to delay action on the four Resolutions and setting of the public hearing until the next meeting. He recommended that Council approve the A~reement with San Bernardino County Flood Control District. Mr. Rubbs explained that the storm drain fee of $4050 would be eliminated when this assessment district went into effect. biayor Mikeis opened the meeting for public hearing. Addressing Council were: Frank Wasca, 5704 Hermosa, communication regarding this. be receiving. stated that what would help would be some He also inquired as to the benefits he would Barbara Grimley, expressed opposition since she has not had receiving any information so she did not know what is goin~ on to talk about. She could not make decisions without being informed. She expressed that all they are getting is general figures. Vic Cherbak, 9028 Century Lane, stated he had received the notices. Darlene Tate suggested that this be written down so they could study it. Mr. Hubbs responded that staff would be meeting with the people to answer their concerns, (25) City Council Minutes January 18, 1984 Page 8 Robert Fornay inquired about the Williams Act. Harry Holloway expressed gratitude for this since he has been flooded from water coming down the hill. There being no further public response, Mayor MikeIs closed the public hearing. MOTION: Moved by Buquet, seconded by Dahl to approve the Agreement with San Bernardino County Flood Control District. Motion carried unanimously 5-0. (The following Resolutions to come back at the next meeting). RESOLUTION NO. 84-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ILe, NCHO CUCAMONGA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT. RESOLUTION NO. 84-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE OF PUBLIC REARING. RESOLUTION NO. 84-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", AND FIXING A DATE OF HEARING THEREON. RESOLUTION NO. 84-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT (26) 6B. MODIFICATION OF PERSONNEL RULES AND REGULATIONS. The City Council will consider modification of Personnel Rules and Regulations regarding definition of "Part-time", and "Regular Part-time" employee classifications. Staff report by Robert R/zzo, Assistant to City Manager. MOTION: Moved by Buquet, seconded by Dahl to effect the proposed change. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser NOES: Frost ABSENT: None (27) 6C. ADDITIONAL ITEM. RESOLUTION NO. 83-222A. City Clerk Wasserman read the title of Resolution No. 83-222-A. City Council Minutes January 18, 1984 Page 9 RESOLUTION NO. 83-222-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAMONGA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE fiELD IN THE CITY ON TUESDAY, APRIL 10, 1984. MOTION: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83-222A and waive full reading. Motion carried unanimously 5-0. There were no items. 7. CITY ATTORNEY'S REPORTS There were no items. 8. COUNCIL BUSINESS 9 · ADJOURNMENT MOTION: Moved by Dahl, seconded reconvene on January 24, 1984 at for a special meeting regarding meeting adjourned at 10:40 p.m. by Buquet to adjourn to a Closed Session to 7:00 p.m. in the Lions Park Community Center CATY. Motion carried unanimously 5-0. The Respectfully submitted, Beverly Authelet Deputy City Clerk