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HomeMy WebLinkAbout1983/03/16 - MinutesMarch 16, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A regular meeting of the City Council of the City of Rancho Cucamonga met in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, March 16, 1983. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikels. Present: Council members: Richard M. Dahl, Charles J. Buquet II, Phillip D. Sehlosser, James C. Frost, and Mayor Jon D. Mikels. Also present: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; Finance Director, Harry Empey. Approval of Minutes: February 2, 1983, February 7, 1983, February 10, 1983. Motion: Moved by Schlosser, seconded by Dahl to approve the minutes of February 2, 7, and 10. Motion carried unanimously 5-0. a. Thursday, March 17, 1983, 7:00 p.m. - PARKS COMMITTEE, Lions Park Community Center, 9161 Base Line Road. b. Thursday, March 24, 1983, 7:00 p.m. - ADVISORY COMMISSION, Lions Park Community Center, 9161 Base Line Road. c. Presentation of Proclamation proclaiming Saturday, March 19,1983 as Red Cross Appreciation Day. d. Presentation of Proclamation to Jeff King commending him for his service to the Community as a Planning Commissioner. e. Presentation of Proclamation to recognize City employees for the work put in during the storms. Engineering staff present to receive the recognition were: Tino Torrez, Richard Carillo, Robert Cardiel, Robert Zetterberg, Tom Acosta, Marc Casas, Rick Piantedosi, and Monte Prescher. f. Mr. Wasserman introduced John Futscher, the new Lieutenant at the Sheriff's Department. g. Mr. Wasserman requested additions to the Agenda as follows: City Manager's Staff Report, Item "E", Resolution No. 83-36, opposition to the EPA Sanctions; and Item "F", Resolution No. 83-37, approval of cooperation agreement for multiple family housing revenue bond. Council concurred. h. Mayor Mikels presented a report from the National League of Cities Congressional Conference at which both he and Mayor Pro Tem Buquet had artended. a. Approval of Warrants, Register No. 83-03-16, and Payroll ending 03-06-83 in the amount of $698,840.60. b. Forward Claim by Roy and Dannie Ratliff to the City Attorney for handling. e.. Approve and execute informal contract for the completion of Vineyard Avenue Street Improvements FAU M/MR-R194(2) to Riverside Construction Co., the low bidder at $255,054.40- (CO83-015) (~) (2) (3) (4) (5) (6) (7) (8) (9) City Council Minutes Mar¢h 16, 1983 Page 2 (lo) d. Approve acceptance of the Carnelian Street Improvements (05-06-55) and authorize the city engineer to file a Notice of Completion with the County Recorder and to release performnee surety and retention. Release Performance Bond $144,712,82 (11) RESOLUTION NO. 83-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CARNELIAN STREET IMPROVEMENTS (05-06-55) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION. e. Approval of agreement with Donald G. King & Assco. as Environmental Impact Consultant for the Alta Loma Channel Assessment District. f. Approval of Parcel Map 7797, Bonds, and Agreement -R. C. Associates, II,- located on the south side of 8th Street approximately 440 feet east of Pittsburgh Avenue. RESOLUTION NO. 83-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7797, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. g. Approval of extension agreement for Tract 11696 located on the west side of Sapphire Street at Garden Court submitted by Vanguard Builders. RESOLUTION NO. 83-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11696. h. Approval of Assessment District 82-1 Contract Change Order No. 2 relating to the reconstruction of Rochester Avenue, south of 8th Street. (C083-008) i. Approval of Parcel Map 7864, Bonds, and Agreement - American Industries (Biane Winery) located on the south side of 8th Street, west of Turner Avenue. RESOLUTION NO. 83-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7864, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. j. Release of Bonds: Tract 9193 - located on the west side of Vineyard, south of Base Line Owner: William Lyon Co. Faithful Performance Bond (road) $10,000 Tract 9262 - located on the east side of Vineyard, south of Base Line Owner: William Lyon Co. Faithful Performance Bond (road) $20,000 City Council Minutes March 16, 1983 Page 3 RESOLUTION NO. 83-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9193 AND 9262 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. k. Release Of T.O.P. Bonds to Lewis Homes: (12) Tract 9454 #42-1047036 $2,000 Tract 9454 #42-1048943 $ 500 Tract 9567 #42-1063769 $2,294 Tract 9567 #42-1063751 $ 575 Tract 11461 #42-1075342 $ 500 1. Forward Claim against the City by Steve and Deborah Weddie to the city (13) attorney for handling. m. Approval of designation of $500,000 from reserves to the General Fund for (14) cash flow purposes. o. Set public hearing for April 6, 1983 for Environmental Assessment and Zoning Ordinance Amendment 83-01. An amendment to Chapter 1, Section 1.08.160 and 1.08.170 of the City of Rancho Cucamonga Municipal Code regarding home occupation permits. (15) p. Set public hearing for April 6, 1983 for Housing Assistance Plan for (16) Community Development Block Grant Program. q. Set public hearing for April 6, 1983 for Community Development Block Grant (17) Program Statement of Objectives for 1983-84. Motion: Moved by Frost, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5-0. 4. P~BLIC Fm. aqIgGS A. ~NO~AL ~MF~ AND PL~ DMv~OP~MT 82-06 - TEMTATIVE TRACT 1220 - L & G. A change of zone from R-3-T (multiple family residential) to R-3/PD (multiple family residential/planned development) and the development of 116 condominiums on 8.98 acres of land located at the southeast corner of Archibald Avenue and Victoria Avenue - APN 202-181-07. (First reading held on March 2, 1983). Staff report presented by Rick Gomez, City Planner. (18) Mayor Mikels opened the meeting forpublic hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 195. ORDINANCE NO. 195 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 181-07, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AND VICTORIA AVENUES, FROM R-3-T TO R-3/PD. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 195. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Frost to approve Ordinance No. 195. Motion carried by the following vote: AYES: Dahl, Buquet, Sehlosser, Frost, Mikels NOES: None ABSENT: None City Council Minutes March 16, 1983 Page 4 (~9) (20) B. VACATION OF A FOFrfON OF TTN ~TREMT. Vacation of a portion of 7th Street adjacent to California Finished Metals located on the southeast comer of 7th Street and Center Avenue. Staff report by Lloyd Hubbs, City Engineer. Mr. Frost felt we should not consider a vacation until such a time that a project comes in or there is a need to physically develop 7th Street because of the layout. He felt there were some drainage problems and other matters to consider and that this should be done concurrently with the approval of a project. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Frost, seconded by Buquet to continue Resolution No. 83-34 to the April 6 meeting. Motion carried unanimously 5-0. RESOLUTION NO. 83-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF 7TH STREET. C. CONSIDERATION OF aM ORDINAMCE ESTABLI~wG A TRANSIENT OCC~AMCY TAX. An Ordinance proposing a transient occupancy tax for motels. Staff report by Harry Empey, Finance Director. Mr. Empey stated that in light of general fund reductions over the past few years, we have been seeking sources of revenue. He stated the two taxes proposed do not impact the City now, but should be put into place for the future. A bed tax has always been a source of tax for cities. The admissions tax has been a source only recently. These types of taxes were not special taxes and could be put into effect without approval of the voters. 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. 197. ORDINANCE NO. 197 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.40 THERETO TO IMPOSE A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY. Motion: Moved by Dahl, seconded by Buquet to waive full reading of the Ordinance. Motion carried unanimously 5-0. Mr. Frost stated he objected to an additional tax even though there was a need for sources of additional revenue. He did not like to have this placed on the books before any businesses would have a chance to object. Mr. Buquet stated that although he was not basically in favor of additional taxes just to increase revenue, he felt this was one that other cities have. For example while in Washington D.C., he discovered they have a tax in excess of 10 percent. Mr. Wasserman stated that the City of Ontario was enjoying an income in excess of $400,000 per year from just the Red Lion. Mr. Wasserman stated they would be taking these two ordinances to the Chamber during the next two weeks for their review. Mayor Mikels set April 6, 1983 for second reading. City Council Minutes March 16, 1983 Page 5 D. CONSIDERATION OF aN ORDINANCE ESTAB~Tm~rN6 AN AD~IONS TAX. An Ordinance proposing an admissions tax for theaters and similar recreational activities. Staff report by Harry Empey, Finance Director. Mr. Empey stated that there are two other cities considering this, Chine and Montelair. Pomona has an admissions tax which is set at 17 percent. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Mr. Frost stated he had similar reactions to this tax as he did with the bed tax; it Just added to the cost of doing business in the City. He felt this needed some deeper thought between now and second reading. Mr. Dahl stated not many people were really aware what impact the State, Federal, and County cut backs were to cities. He felt this is a type of tax that is not harmful and will allow the city to get some of the revenue it needs. He would be in favor of this type of tax. City Clerk Wasserman read the title of Ordinance No. 198. ORDINANCE NO. 198 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.36 THERETO TO IMPOSE AN ADMISSIONS TAX. Motion: Moved by Dahl, seconded by Buquet to waive full reading of 0rdinanoe No. 198. Motion carried unanimously 5-0. Mayor Mtkels set April 6, 1983 for second reading. E. VACATION OF SERVICE ROAD - PARCEL MaP 6114. It is requested that the public hearing for the vacation of the service road located on the south side of Foothill Boulevard in connection with Parcel Map 6114 be continued to May 4, 1983- Staff report by Lloyd Hubbs. Motion: Moved by Frost, seconded by Schlosser to continue to May 4, 1983. Motion carried unanimously 5-0. F. AN ORDIMANCM MuIM SECTIOM ~ A~D 7 OF ORDINANCE 80. 87, C~EaTIM8 AN AD~-SORY CCMION. Proposed amendments to the ordinance will create a Chairman from the membership of the Advisory Commission to serve one year at the Commission's pleasure, and fix terms of new members of the Advisory Commission at two years. Staff report by Jim Robinson, Assistant City Manager. Ma~. Robinson stated there were two changes which had been recommended by the Advisory Commission. a. That a Chairman be appointed. Sharon Romero has already been appointed as the present chair person. b. That terms of office be changed from four years to two years. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. MP. Wasserman read the title of Ordinance No. 87-A. (22) (23) City Council Minutes March 16, 1983 Page 6 ORDINANCE NO. 87-A (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 2.28.070 OF THE RANCH0 CUCAMONGA MINICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS. Mayor Mikeis set the second reading of ordinance No. 8?-A for April 6, 1983. (24) 5- CIT~ MANAGER'S STAFF RgPORTS A. REQOEST FOR C~IDERaTION OF Wal~R OF OFF-SITE IMPROVES. A request has been submitted to the City Council to consider the waiver of off-site improvements located on Sierra Vista Drive. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public comment. There being no comments, Mayor closed the public portion of the meeting.. Mr. Wassermen stated he was concerned that the appellant was not present. He recommended that this item be continued to April 6 to make sure the he had been notified. Mr. Frost suggested that Council look at the 650 square feet provision. Mr. Lam stated we have a square footage requirement on the storm drain fees. The ordinance was devised to specifically address street improvements in areas that do not have standard street improvements. At the time Council wished a mechanism by which existing areas could be brought up to standard. The only way of doing this was at the time of building permits. It was decided that the 650 figure would be the reasonable size for expansion on a home. Motion carried unanimously 5-0 to continue to April 6th. (25) B. STORM DAMAG~ STAB REFOFE - COMS~LTA~T SELECTION. Sum.~ry of progress on storm damage repair and request authorization to retain L.D. King Engineering to prepare plans and specifications for the repair of damaged streets. Staff report by Lloyd Hubbs, City Engineer. (C083-078) Mr. Hubbs stated that the agreements had Just been approved by the city attorney, and therefore, tonight was the first that Council had seen them. The city attorney had made some suggested changes to the agreements as follows: 1. The lead-in portion of Section 7 should read as follows: "Section 7. METHOD OF PAYMENT. The estimated total fees for the services to be performed by Consultant are as follows: 2. Paragraph E of Section 7 should be revised to read as follows: "E. Consultant shall be paid for services rendered on an hourly fee basis. The hourly rates, mileage charges and other miscellaneous costs items, shall be as set forth in Consultant's Rate Schedule dated August, 1982, attached hereto as Exhibit 'A'." City Council Minutes March 16, 1983 Page 7 3. Subsection G of Section 7 should be revised to read as follows: "G. Consultant may submit to City, no more frequently than semimonthly, invoices itemizing all services performed by Consultant since date on which the last invoice was submitted. The amount shown on each invoice shall be paid within fourteen (14) days after submission thereof, without prejudice to the City's right to thereafter contest the accuracy of any such invoice, unless the City within said fourteen (14) day period notifies Consultant that such invoice is not acceptable. In such event City shall notify Consultant of the reasons for the unacceptability of such invoice in order to allow Consultant to promptly respond and make any corrections, or supply any additional information, which the City my reasonably require under the circumstances." 4. Section 14 should be revised to read as follows: "Section 14. Termination of Agreement and Suspension of Performance. City shall have the right, but Consultant shall not, to terminate this Agreement or suspend Consultant's performance hereunder after the completion of the preliminary study for locations 2, 4, and 7, or at any other time after giving Consultant fifteen (15) days notice in writing of City's intention to either terminate this Agrement or suspend Consultant's performance hereunder." Mayor Mikeis opened the meeting for public input. There being none, the public portion of the meeting was closed. After considerable discussion by Council, Mr. Frost stated he was uncomfortable about approving a contract for such a considerable amount of money that he hasn't had a chance to look at. Mr. Hubbs stated he felt the problem that Council was having was with the five location contract which staff would want to go out to bid on within the next ten days. Approximately $7-9,000 would be needed before the next Council meeting for the two feasibility studies, options on the larger work, and the contract for the five locations. Discussion continued. Mr. Buquet stated he felt this could not be delayed too long. After further discussion, Mr. Frost suggested that Council take a break and he would review this during that time. Mayor Mikels called a recess at 8:55 p.m. The meeting reconvened at 9:07 p.m. with all members of Council and staff present. After the break, Mr. Frost stated he had time to talk with Mr. Hubbs during the break. He stated that the agreement doesn't adequately respond to the engineering required for improving at the same time we go in and talk about restoration and reconstruction. There is a need for some language clarification, but we have time for further refinements. He felt we were adequately covered during the next two weeks. Motion: Moved by Frost, seconded by Schlosser to approve with the recommended changes by the city attorney dated March 16. Motion carried unanimously 5-0. City Council Minutes March 16, 1983 Page 8 (26) C. ~D&T~ ON ~TAT~S OF FrlNANDA SPECIFIC P~AN. Staff will present an overview of the schedule for the Etiwanda Specific Plan, and request that COuncil consider setting the date of Monday, April 11, as the first public hearing. Staff report by Jack Lam, Community Development Director. Mr. Lam stated that a special meeting of the City Council be set for Monday, April 11, for public hearing on the draft Etiwanda Specific Plan, Draft EIR, and General Plan Amendment. Council concurred. Time for the hearing was set for 7:00 p.m. in the Lions Park Community Center. (27) D. RANCHO CUCaa4ONOa ADVISORY COSION RKCC~ATION'S REGARDING THE SaLE OF SAFE aND SaNE FIREWORKS. The City Council requested the Advisory Commission to review the Clty's existing policies relative to the sale of safe and sane fireworks and forward specific recommendations relative to: (1) quantity of booths allowed in the City, (2) who is expected to be final beneficiary of the sales, (3) who should be allowed to sell, and (4) how to increase safety factor. Staff report by Jim Robinson, Assistant City Manager. Mayor Mikels opened the meeting for public input. Addressing Council was: *Debbie Logan, q0350 Base Line, respresenting the Rancho Cucamonga Junior Women's Club, stated they wanted to express concern over the quantity of booths allowed in the City. Also, the quantity of organizations who are able to apply for a booth. They urged some type of limitations to those who would be allowed to have a fire works booth. *Bob Plamondon, Rancho Street, Alta Loma, representing the Rio Orande Kawanis Club, stated they had studied the list of those who have asked for booths. He has discussed this matter with the Presidents of other service clubs such as Lions, Rotary, Cucamonga Service Club. They agree with the restriction of 10,000 per capita per booth. They expressed concern about the types of organizations in line for booths; in particular the small self interest groups who would man a booth and then disseminate the money among a very small group within the community. A service club already has projects that they disseminate money to. Their request is that Council reconsider the possibility of restricting the use of the booths to a club or organization having a stronger dissolution of funds down from the club. They wanted to see the money go to the best possible use in the city. *Sharon Romero, Advisory Commission member, stated that the Commission discussed this issue in great detail as to who should be allowed on the list and why they should or should not be allowed. They came up with two things which made them decide to leave this as it was. (1). Once they have shown what the projected used would be within the community, then the council could decide whether the community would be benefittinS. If it was a limited usage that was being used for the benefit of a very small portion of the city, then their request for a booth could be denied. (2). Was philisophical in making value judgements. If a group is a member of the community, then did it really matter that they shared a particular interest. If you grouped them right, then a lot of the people in the community do share interests and it should not preclude them from being on the list. Also, there was a strong feeling among the the Advisory Commissioners that the community would benefit from a fireworks show. City Council Minutes March 16, 1983 Page 9 eChief Feuerstein stated that when he spoke before the Advisory Commission, they had discussed a number of things which could be done in the way of public relations and enforcement. One of the things mentioned was that a portion of the proceeds from the sale of fireworks be contributed from each stand to youth programs. Some other suggestions by the Advisory Commission was to put on PR programs for not only the children in the schools, but the adults also; to mail out fliers to all the residents about enforcement on illegal fireworks, and to set up better control mechanisms for the illegal fireworks. Just to do that type of a mail out program would be very expensive. He suggested that if some of the money was to be channeled back from the stands, then perhaps some of the money could be used for the program itself. *Mr. Plamondon stated that each booth operator was to have a license. He felt this fee could be used for the purpose that Chief Feuerstein was talking about. How to increase safety factor -- he felt that even a printed form of a greater magnitude to hand out at each booth emphasizing the law would be quite helpful. He also pointed out that some of the small groups would have a hard time manning a booth. There being no further comments, Mayor Mikels closed the public portion of the meeting. Mr. Frost stated his concern was to go back to the action that a prior Council had taken. It was his personal feeling that Council take a long hard look at this source of revenue which is available which would otherwise come from some type of public subsidy. Mr. Frost stated that he felt the Council should set up some delineated guidelines for staff so they could do some screening without having to try to second guess Council. Mr. Buquet stated that the intent when fireworks were first allowed was to help create a revenue generating source for service organizations. His concern now was there is a great deal of inequities in the make up of the groups. Some of the groups are over 1000 in members and other groups are less than 100. He felt there were organizations on the list that desperately needed the money, and there were other groups that this would be icing on the cake. He felt the present system needed to be evaluated by the Council and some type of strong policy determinations needed to be made. He felt there were some abuses in that some of the groups on the list were so similar in concept. He felt there needed to be some strict guidelines set regarding the kind of groups to be allowed a booth, and a very tight accounting process needed to be followed up concerning how the funding was being utilized. Mr. Dahl agreed with Mr. Buquet's appraisal. He felt they should deal with determining the criteria in which the organizations obtain the booths. The organization should show us in advance what their plans were for the use of the funds which would be of public benefit. There should be an accounting of the profits after the booths are closed showing the amount of profit that has been taken in by each organization to assure that we know the amount of money that should be allocated for public type funding, and a time frame should be submitted for the expending of the monies for the public benefit. Then after this has been accomplished, another accounting should be done to show that all of the funds which were agreed upon to be spent for this particular project were expended. Mayor Mikeis stated in other words, a review of the benefits and an audit. Mr. Dahl stated yes. Mayor Mikeis concurred with the comments by the other councilmen that we needed to tighten up the process. City Council Minutes March 16, 1983 Page 10 Mr. Buquet stated a subcommittee should be appointed to look into this in greater detail. Council concurred with the Mayerrs appointment of Mr. Buquet and Mr. Frost to head the committee and come back as quickly as possible after reviewing criteria for eligibility, type of groups, budgets and audit situations, etc. Mr. Robinson asked Council for direction regarding the groups on the list for 1983. Council concurred that the 1983 groups remain as is. This would not affect them. Mr. Dahl suggested putting a freeze on additional names until after the committee report. Motion: Moved by Dahl to put a freeze on until after the committee report. The motion failed for lack of a second. Motion: Moved by Dahl, seconded by Buquet to place a freeze on additions to the list. Motion carried by following vote: AYES: Dahl, Buquet, Mikels NOES: None ABSENT: None ABSTAINED: Schlosser and Frost Mr. Frost stated he abstained because he submitted the name of the Etiwanda Historical Society, and he desired that the record not suggest that he had any type of predetermination this action would be taken tonight. Mr. Sehlosser stated that he did not believe we should have the sale of fire works in the city. This has always been his position. (28) (29) (30) ADDED ITEM: COMSIDMRaTION OF RM~OL~TION IN OPPOSITION TO ErA SAMCTIONS. Staff report by Mayor Mikels. Mayor Mlkels explained there was an emergency to get this to the proper organizations in time. He realized this was a non-agenda item. City Clerk Wasserman read the title of Resolution No. 83-36. RESOLUTION NO. 83-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE IMPOSITION OF SANTIONS BY THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY UPON THE SOUTH COAST AIR BASIN. Mayor Mikeis opened the meeting for public hearing. There being no response, the public portion of the meeting was closed. Motion: Moved by Dahl, seconded by Buquet to adopt Resolution No. 83-36 and to waive full reading. Motion eartied unanimously 5-0. F. ADDED ITEM: APPROVAL OF COOPERATION AG~ FOR MULTIPLE FAMILY EDUSIIG REVIMJE BOLD. Staff report by Jack Lam, Community Development Director. Mayor Mikels opened the meeting for public input. There being none, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83-37 and to waive full reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 83-37- City Council Minutes March 16, 1983 Page 11 RESOLUTION NO. 83-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MULTI- FAMILY RENTAL HOUSING MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY. 6. CITY ATTOPaiET'S City Attorney had nothin~ to report. 7- COUNCIL BUSIN~ A. DL~CUS3ION OF T~E LAS ~E~AS SUPEr-SPEED RATL. The feasibility study to determine the viability of constructing a high-speed/super-speed transportation system linking Los Angeles with Las Vegas is completed. The report states that a 250 mph Maglev system can be built by 1991 and will operate profitably. Item requested by Mayor Mikels. Mayor Mikels stated he placed this on the Agenda since the potential terminus of the train would be near 1-10 and 1-15. They were talking about a parking lot for approximately 7,000 cars. There will be an impact upon our city as well since it is proposed that under the Ontario alternative, the right-of-way along 1-15 on the east side will be utilized to come down through our area to that terminus. A draft has been included in the agenda packet which would be signed by Supervisor Townsend and John Longville as President of the San Bernardino Associated Governments in response to Las Vegas Mayor's letter in respect to seekir~ our support. Mayor Mikels felt we should go on record now if we have any concerns or comments. Discussion followed by Council. Mayor Mikels opened the meeting for public input. Addressing Council were: cart Bridge stated he felt very strongly that it was very serious to use this type of funding whether it was public or private to develop a transportation system to benefit an undesirable industry. He felt there were other transportation problems where these funds could be used. He would like to see Council go officially on record opposing the whole project. aJeff Sceranka spoke as an individual resident of the community. He was totally opposed to this project. Lag Vegas doesn't pay state income tax, and this would benefit them. He opposed taking funds away from this area to help Nevada in this. Motion: Moved by Dahl, seconded by Schlosser to go on record that the Rancho Cucamonga City Council is in opposition to the Lag Vegas Maglev System. Mr. Frost read sections of John Longville's letter in their agenda packet. Specific questions and clarification of items in the Environmental Impact Report have been addressed; he felt Council should hold off such a firm position until we receive a response to these issues. (3~) City Council Minutes March 16, 1983 Page 12 After further discussion, Council voted as follows opposition to the Megalev System. AYES: Dahl, Buquet, Schlosser, Mikels NOES: None ABSENT: None ABSTAINED: Frost to go on record in (32) B. DISCUSSION REC, AHDING N~1)IAW ISLANDS FOR THE CIT~. Item requested by Councilman Dahl. After considerable discussion by Council, Mr. Lam suggested that since the City already has many policies regarding median islands that the staff should compile all of these and come back to the next Council meeting for further consideration of the item. Council concurred. (33) C. DISC~SSlO~ RE(}ARDI~88 STREET "am, aS IT CONCERNS THE INDUSTRIAL SPECIFIC PLAN. Street located parallel to Haven Avenue on east side between 4th and 6th Streets between Utica and Haven. Item requested by Councilman Dahl. Mr. Dahl stated he was looking for a recommendation from the Planning Commission on this item. Council concurred in making this an information referral to the Planning Commission to provide information to the City Council. Mayor Mikels called a recess at 11:15 p.m. p.m. with all members of the Council present. The meeting reconvened at 11:23 Mr. Buquet stated there was a couple in the audience who wanted to address Council. He felt Council should hear them now since the next item might take considerable time. Council concurred. Charles and Maxie Dunkel addressed the Council. They announced they were organizing a new Moose Lodge in Rancho Cucamonga. They invited the Councilmen to Join and to encourage others to consider joining their group. They detailed the type of organization they were and the projects they supported. Mayor Mikels welcomed them to the City. (34) D. CONSIDERATION OF APPOINTMENTS TO THE PLA~NI!~ CC~R-~ION. Mayor Mikels opened the meeting for Council consideration to fill the vacancy on the Planning Commission. He stated that according to the Ordinance, the Mayor nominates and the Council ratifies. They had received three new applications, plus some twenty or so letters went out to former applicants on file to see if they were interested. After reviewing the applications and speaking with individual members of the Council, he wished to present the name of Addle Juarez for consideration. He opened the meeting for nominations by other members of the Council. Mr. Buquet felt he would like to continue this since he did not have adequate time to talk with the candidates which he did not know. Motion: Moved by Frost, seconded by Dahl to Council to request an unanimous vote for the nomination of Addle Juarez by the Mayor. Mayor Mikels opened the meeting for other nominations. Mr. Buquet nominated Bob Dutton. There being no further nominations, Mayor Mikels closed the nominations. City Council Minutes March 16, 1983 Page 13 Mr. Frost asked the mayor how he was going to deal with the motion on the floor. Mayor Mikels stated he would entertain the motion after the counting the ballots. Mr. Dahl stated he would withdraw his second until after the ballots were counted. City Clerk Wasserman handed out ballots, and then collected the voted ballot. Both City Clerk and the Mayor counted the ballots. Mr. Wasserman sho~ed the voted ballots to the Council. Mayor Mikeis stated that there previously was a motion on the floor which the second had been withdrawn. He asked if there was any objection for that motion being put back on the floor by the mover so the selection would be an unanimously selection by the Council. Motion: Moved by Frost, seconded by Dahl to uanimously approve the nomination of Addie Juarez for the unexpired term on the Planning Commission. The motion passed by the following vote: AYES: Dahl, Schlosser, Frost, Mikeis NOES: Buquet ABSENT: None Mayor Mikels stated that the vote reflected the way the ballots were cast. 8. ADJOUPa~qENT Motion: Moved by Dahl, seconded by Schlosser to adjourn to an Executive Session, not to reconvene. Motion carried unanimously 5-0. The meeting adjourned at 11:45 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk