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HomeMy WebLinkAbout1983/09/07 - Minutes September 7, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, September 7, 1983. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikeis. Present were Councilmembers: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Jim Robinson; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey. Approval of Minutes: ~tion: Moved by Schlosser, seconded by Frost to approve the minutes of July 18, 1983, August 3, 1983 and August 17, 1983. Motion carried unanimously for minutes of July 18 and August 3- Dahl was absent on August 17. 2. ANM0~NCE~TS Thursday, September 8, 1983, 7:00 p.m. - FIRE DISTRICT BOARD OF DIRECTORS, Lions Park Community Center. Wednesday, Setpember 14, 1983, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. Tuesday, September 20, 1983, 6:30 p.m. - PLANNING COMMISSION WORKSHOP HEARING for Development Code - Lions Park Community Center. Councilman Buquet presented a report from his visit to Sacramento during the "March on the Capitol". Mr. Wasserman requested an Executive Session at the conclusion of the meeting. Council concurred. a. Approval of Warrants, Register No. 83-09-07 and Payroll ending 83-08-21 in the total amount of $335,413.05. b. Approval of July, 1983 Warrant Register for Assessment District 82-1 in the amount of $3,625.60 and Assessment District 82-2 in the amount of $3,690. c. Forward Claim by Frederick Docks and Shaeffer Trucking Company Inc, to City Attorney for handling. d. Forward Claim by Thomas John Bryant to City Attorney for handling. e. Forward Claim by Southern Pacific Transportation Company to City Attorney for handling. l) 2) 3) City Council Minutes September 7, ~983 Page 2 (4) (5) (6) (7) (s) (9) (10) f. Lease Purchase of Mowing Equipment. Lease purchase of tractor and ganged mowers for maintenance purposes, to be funded from the Inter-governmental Service Fund. Total cost $46,197. g. Acceptance of Improvements Constructed in conjunction with Assessment District 82-t, 6th Street Industrial Area. RESOLUTION NO. 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ASSESSMENT DISTRICT 82-1, 6TH STREET INDUSTRIAL AREA AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. h. Acceptance of Vineyard Avenue Street Improvements, FAU No. M/MR-R194(2). It is recommended that Council accept as complete the Vineyard Avenue Street, Drainage and Signal Improvements, FAU No. M/MR-R194(2) and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bond and retention and authorize final payment. RESOLUTION NO. 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR VINEYARD AVENUE STREET IMPROVEMENTS FAU PROJECT NO. M/MR-R194(2) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK i. Acceptance of Alta Loma Park Concrete Improvements. It is recommended that Council accept as complete the Alta Loma Park Concrete Improvements and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release performance bonds and retention and authorize final payment. RESOLUTION NO. 149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ALTA LOMA PARK CONCRETE IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. J. Recommend approval of agreement with Richwood Development to participate in the cooperative reconstruction of 9th Street between Baker and Madrone. k. Acceptance of Bonds and Agreement for Model Homes for Tentative Tract No. 12316-1 (Terra Vista), Lewis Homes Developer located on the east side of Haven Avenue, south of Base Line Road. RESOLUTION NO. 150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY OF TRACT NO. 12316-1. 1. Setting Public Hearing for October 5, 1983 td form Landscape Maintenance District No. 3 for Parcel Map 7349 located on the north side of 4th Street, east of Route 15 Freeway, Lewis Homes developer. RESOLUTION NO. 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3, City Council Minutes September 7, 1983 Page 3 RESOLUTION NO. 152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3. RESOLUTION NO. 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. m. Approval of Improvement Extension Agreement for S. A. 80-09 located at the (11) northwest corner of Haven and Banyan Avenues and submitted by the Southern California District of the Lutheran Church. RESOLUTION NO. 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR S.A. 80-09. n. Intent to Vacate an East/West Alley located between Calaveras and Vinmar (12) Avenues, south of 9th Street. RESOLUTION NO. 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE EAST/WEST ALLEY LOCATED BETWEEN CALVERAS AND VINMAR AVENUES, SOUTH OF 9TH STREET. o. Approval of Agreement and Security for Parcel Map 6051 located on the (13) north side of Manzanita between Sacramento and Beryl Avenues. RESOLUTION NO. 156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP NO. 6051. p. Acceptance of Parcel Map 7349 and Bonds and Agreement submitted by Lewis (14) Development Co. and located on the north side of 4th S~reet, east of Route 15 Freeway. RESOLUTION NO. 157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7349, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY. q. Release of Subdivision Sign Bonds for Jones Company - Tract 9305/RC-012- (15) Sign bond for subdivision sign $500 r. Loan to Redevelopment Agency. Consideration from Rancho Cucamonga (16) Redevelopment Agency of loan to incur debt. Recommend Council approve loan request by R.D.A. in the amount of $1,500,000. City Council Minutes September 7, 1983 Page ~ (17) (18) (19) RESOLUTION NO. 158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO ' CUCAMONGA, CALIFORNIA APPROVING A LOAN TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY s. Acceptance of Agreement for professional construction services for Victoria Planned Community by Hotch Bedrosian, owner of Runmar Enterprises. t. Minor Contract Modifications-Army Corps of Engineers contract for Recreation Development at Cucamonga/Demens Channels. u. Acceptance of Annual Supplementary Maintenance and Emergency Contract renewal with Laird Construction. Motion: Moved by Frost, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5-0. (20) (21) ~. P~BLIC ~ARINGS 4A. F~IRON~NTAL ASSESSMENT AND ZONE CHAN~E 83-03 - LEE. A change of zone from A-1 (Limited Agriculture) to R-3 (Multi-Family Residential) for 1.93 acres of land located on the west side of Vineyard Avenue between Arrow Route and Foothill Boulevard - APN 2~7-211-24. Staff report by Michael Vairin, Senior Planner. Title of Ordinance No. 209 was read by Deputy City Clerk, Beverly Authelet. ORDINANCE NO. 209 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207-211-24, LOCATED ON THE WEST SIDE OF VINEYARD BETWEEN ARROW ROUTE AND FOOTHILL BOULEVARD FROM A-1 TO R-3. Mayor Mikels opened the meeting for public hearing. Addressing Council was: William Lee, applicant for the project, stated he was present to answer any questions that council may have. There being no further response from the public, Mayor Mikels closed the public hearing. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 209. Motion carried unanimously 5-0. Mayor Mikels set second reading for September 21, 1983. 4B. APPEAL OF PLANNIN(~ C(]~4ISSION DECISION - CONDITIONAL USE PERMIT 83-11 - DATA DESIGN. Appeal of Planning Commission decision for the temporary placement of two 1440 square foot office trailers on 1.8 acres of land in conjunction with an existing manufacturing facility in th~ M-R-T (restricted manufacturing) zone located at 7915 Center Avenu~ - APN 1077-401-08. Staff report by Michael Vairin, Senior Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Tom Beisker, President of Data Design Laboratories. Mr. Beisker stated when they signed the original agreement, it was their understanding the street improvements would take place at such time as the next building on the property would be built. At that time they did expect to build Building 4 of about 40,000 square feet and were planning to .put in the City Council Minutes September 7, 1983 Page 5 street improvements. In paragraphs 2 and 3, it indicated the agreement would be in default after two years unless an extension of time is granted. When they got the extension agreement, they felt the agreement would be related to a building permit and when they built the next building thus increasing the traffic flow, then the street improvements would be necessary. They have now moved a business in at this location. They will be adding 25 employees into the area. It is impossible to come up with a building plan and build within the next six months. They are not sure the business they are bringing in will work out. Rancho Cueamonga has been willing in the past to offer a Company a temporary type permit to see if the business is going to work out. Therefore, they were requesting a time extension and to tie the improvements on Center Avenue to the time they come in with the building permits. There being no further response from the public, Mayor Mikels closed the public hearing. Mr. Buquet asked how long DDL has been there. Mr. Beiseker stated since 1968. Mr. Dahl stated it has been the policy of the City that whenever we have a temporary trailer, we have requested the site improvements. As examples, Empire Bank and the Baptist Church on 19th Street. He was concerned when a businessman stated that this may be a temporary thing. He wonders what will happen if this business should fail. He stated he would uphold the Planning Commission's decision on this. Mr. Buquet stated these sites were at major intersections. He said there were a lot of businesses that could come forward and say that they might not be around in three years. There would be 25 additional cars and wondered whether these really would require extensive improvements now. He would like to give the applicant the opportunity to put in the units. Mr. Dahl stated the improvements required at Vineyard Bank was not exactly at an intersection. This was a point at which a precedent has been set. He felt that when the agreements were made in the first place, everyone was acting in good faith. If we set a precedent, it could be dangerous for the future. Mr. Schlosser concurred with Mr. Buquet's position. He stated that if he had not received a permit for an office trailer when he first came to town, his company would not be employing 200 people today. Motion: Moved by Schlosser to grant the two-year extensions. Mayor Mikels stated the main issue is the conditions of approval on the original permit which wasn't complied with. This is a precedent that if set would provide some serious problems in the future. Now we have a request for further action to waive the requirement for the improvements and to extend it further. Mr. Varirin stated the Council could extend the agreement for those improvements for a period of time of two years. Council cannot null and void the agreement and say you don't have to build them until the building of the first building. This is becuase of the way the M~p was first conditioned. Mayor Mikels asked Mr. Beiseker if he understood. To remove the requirements for the street improvements which were a condition of original approval would require a new public hearing before the Planning Commission and actually changing the Map. Council has the authority to extend the Conditions of Approval and grant an extension on the temporary facilities up to two years. In two years the street improvements would need to be in and the trailers removed. City Council Minutes September 7, 1983 Page 6 (22) (23) Mr. Beiseker stated he understood. Mr. Lam stated that if it is Council's desire to extend the Improvement Agreement, there is also a need to request concurrence on submission of current bonds. When you extend it for "x" amount of time, you want to make certain the bonds will cover that. Mr. Lam summarized the action to be taken that if Council wishes to allow a greater length of time for the trailers, then Council should grant "x" amount of time for the trailers. If Council wishes the street improvement extended for "x" amount of time, then Council should approve an extension to the Improvement Agreement for that period of time, and get concurrence from the applicant that he will post bonds to cover the cost of the extension. Discussion followed by council regarding this issue. Mr. Buquet asked the city attorney if there was a way that if an agreement is made between the City and the Company and should development occur to the north or south before the two year period, that we could request the improvements to be put in with the other development. Mr. Dougherty responded this could be made a condition. There should be a fixed maximum period of time set and this could be terminated upon a sooner event. Mr. Beiseker stated he understood that if a development north or south occurred, they would be willing to add to the agreement that at that time the council could call for the improvements to be made within the two year time frame. Notion: Moved by Schlosser, seconded by Buquet to grant the extension for a two year period; require new bonds be posted; and condition the Improvement Agreement that if any development occurs in the two year period, then the agreements could be called. Motion carried unanimously 5-0. 4C. APPEAL OF CONDITIOSS FOR PARCEL MAP 8007 LOCATED ON THE WEST SIDE OF HEIff~OSA AVENIlE ~ WI~N IND HILLSIIE AVENB1ES Requested by Janine Biane Tibbets developer. Paul Rougeau, Associate Civil Engineer, presented staff report. Mr. Rougeau stated that the Planning Commission did not have the authority to grant the postponements; therefore, the appeal had to.come before the City Council. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Janine Tibbetts, acting in behalf of her father who was owner of the property, stated the improvements on Wilson is already quite desirable and to make the required improvements right now would be a detriment. They wanted to defer this until one of the adjacent pieces of properties were developed. There being no further response from the public, Mayor Mikels closed the public hearing. Notion: Moved by Dahl, seconded by Schlosser to uphold the appeal and direct staff to develop the appropriate lien agreement for subsequent approval. Motion carried unanimously 5-0. 4D. HISTORICAL ~ DESIGNATION FOE H.D. CO~ISII~ HO[ISE (CHRIST~ HO~SE). Staff report presented by Bill Holley, Community Services Director. Mayor Mikels opened the meeting for public hearing. There being no response the public hearing was closed. (Owners of the house were not present). City Council Minutes September 7, 1983 Page 7 City Clerk Wasserman read the title of Resolution No. 83-159. RESOLUTION NO. 83-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE H. D. COUSINS HOUSE aka CHRISTMAS HOUSE AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 83-159 and to waive full reading. Motion carried unanimously 5-0. Mayor Mikeis called a recess at 8:50 p.m. The meeting reeonvened at 9:10 p.m. with all members of Council and staff present. A group of people arrived at the City Council meeting from a public hearing held at the Alberts House on 19th Street. A proposal had been presented to the neighbors to convert the Alberts House into an alcoholic rehabilitation center. There was such concern on the part of the neighbors regarding this use that the applicant told the people he would withdraw his proposal. However, the neighbors were not sure this would happen, so they arrived at the city council meeting to protest. Mayor Mikels addressed the group at the close of the recess stating that the application was for a CUP, but this has not been processed. That is why no one had received a notice of public hearing in the mail. The applicant has indicated that he will withdraw his application as a result of the meeting tonight. The Mayor stated the people would be notified whether the formal withdrawal is received or not. (24) 5- NON-ADVKRTIZKI) PUBLIC !~ARINGS No items submitted. 6. CIT~ MANAG!IR'S REPORTS 6A. APPLICATION FOR HO[]SIMG MORTGAGE BOMD ALLOCATION The City will apply for a bond allocation with the state of California for a new home mortgage loan program with participating developers. Staff report by Jack Lam, Community Development Director. Mr. Lam stated we will not know until about November whether our program will be extended. But by being on the list, we will stand a good chance of becoming part of that program. The program would be under AB 1355. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83-160. (25) City Council Minutes September 7, 1983 Page 8 (26) (27) RESOLUTION NO. 83-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING APPLICATION FOR ALLOCATION OF MORTGAGE SUBSIDY BONDS AND FILING OF NOTICE OF SALE THEREOF WITH MORTGAGE BOND ALLOCATION COMMITTEE, AUTHORIZING EXECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. ~otion: Moved by Schlosser, seconded by Frost to approve Resolution No. 83- 160 and to waive full reading. Motion carried unanimously 5-0. 6B. REQ~F~T FROM DISPOSAL SERWICE~ FOR RESIDEI~TIAL R~BBISM RATE ADJ~ST~'T. Local disposal services are requesting a 504 per month increase on residential rubbish rates to become effective October 1, 1983. Staff report by Robert Rizzo, Administrative Analyst. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Mrs. Dorothy Dick felt they were already paying enough money for trash pickup since the Company's employees broke their trash cans and left rubbish. Bob Hay, 8641La Grande asked if the County has been questioned regarding their increase? There being no further response, the public hearing was closed. Joe Avakian, Yukon Disposal, stated that their company was not considering to raise the senior citizens rate at all. Mr. Burr of Rancho Disposal stated their company was in agreement with not changing the senior citizen rate. ~otiom: Moved by Dahl, seconded by Schlosser to approve the 50 cent rate increase with provision of none application to the senior citizens. Motion carried unanimously 5-0. 6C. A!~ND!~NT TO M BIIBINF~ LICENSE ORDINANCe. Ordinance is for purpose of clarifying the meaning of gross receipts of real estate brokers. Lauren Wasserman, City Manager, presented the staff report. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Larry Dutton concurred with the staff report and stated that from what he has heard this seems to be okay with the Board of Realtors. There being no further response from the public, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 208. ORDINANCE NO. 208 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION A5 OF SECTION 5.04.290 OF THE RANCHO CUCAMONGA ~ONICIPAL CODE TO CLARIFY THE MEANING OF GROSS RECEIPTS OF REAL ESTATE BROKERS FOR THE PURPOSES OF BUSINESS LICENSE TAXES. Motion: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 208. Motion carried unanimously 5-0. Mayor Mikels set second reading for September 21st. City Council Minutes September 7, 1983 Page 9 7D. CABLE TELEVISION STATICS REPORT Staff report by Robert Rizzo, Administrative Analyst. Recommendation that the City Council place a moratorium on granting CATV licenses within the City and direct staff td develop a CATV ordinance. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Frank Saunders, Cable TV of Etiwanda, wanted further clarification of the moratorium and how it would affect him. Robert Dougherty asked what kind of license he had from the City. A business license is for the purpose of raising money in the city. As of this time, the city is operating under the County Ordinance Section 42.016. This requires a specific license to operate which is different from a business license. Ted Chun, Cable Communications of Rialto, encouraged Council to proceed with an ordinance. There being no further public response, the public hearing was closed. Motion: Moved by Buquet, seconded by Schlosser to adopt urgency Ordinance No. 210. City Clerk Wasserman read Ordinance No. 210, an urgency measure, in full. ORDINANCE NO. 210 (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IMPOSING A MORATORIUM ON THE FILING AND PROCESSING OF APPLICATIONS FOR LICENSES TO CONSTRUCT, OPERATE OR MAINTAIN COMMUNITY ANTENNA TELEVISION SYSTEMS IN THE CITY FOR A PERIOD OF NINETY (90) DAYS, AND DECLARING THE URGENCY THEREOF. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikeis NOES: Frost ABSENT: None (Mr. Frost stated that this issue had been on the back burner for several years, and he could not see the necessity to have this an urgency ordinance.) (28) No items submitted. CITY ATTORNEY ' S REPORTS 8. COUNCIL B~SI~ 8A. S~BG POOL l~C~ BIG!IT REVISIO[[ The City Council requested examination of the city ordinances regarding fencing for swimming pools and spas. Staff report by Jerry Grant, Building Official. Recommended by the building official that the City Council direct staff to publish notification of consideration of an ordinance changing the ~inimum fencing height for swimming pools and setting the date of October 19, 1983 for hearing. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Larry Lewis, 7619 Cambridge, addressed several technical questions. Mayor MikeIs stated that technical questions should be worked out with the building official. (29) City Council Minutes September 7, 1983 Page 10 There being no further response from the public, Mayor Mikels closed the public hearing. Motion: Moved by Dahl, seconded by Buquet to set the public hearing on October 19th. Motion carried unanimously 5-0. 8B. Mr. Schlosser reminded Council he would not be at the September 21st meeting since he would be out of town. Motion: Session, not to reconvene. adjourned at 10:35 p.m. Moved by Dahl, seconded by Sehlosser to adjourn to an Executive Motion carried unanimously 5-0. The meeting Respectfully submitted, Beverly Authelet Deputy City C~,evk