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HomeMy WebLinkAbout1982/11/17 - MinutesNOVEMBER 17, 1982 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. 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, November 17, 1982. The meeting was called to order at 7:05 p.m. by Mayor Jon D. MikeIs. Present were: City Council members 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. Wassermen; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. 2. ANNOUNCEMENTS a. Mayor Mikels declared the week of November 21-27 as Family Week in Raneho Cueamonga. be Mayor Mikels announced that the Chaffey Joint Union High School District Board of Trustees at their last meeting unanimously named the new school in Etiwanda as Etiwanda High School. The Redevelopment Agency set December 6 for a workshop to discuss the Mortgage Revenue Bond process. Meeting will be held in the Lions Park Community Center at 7:00 p.m. 3- CONSENT CALENDAR Mr. Schlosser stated he would like to discuss items "i" and "m". He said both of these were bidders outside the City and wanted to know if All American was the company who did Arrow Route, and if there had been any local bidders. Mr. Hubbs responded that there were some local companies such as Fontana Paving that did bid. All American was the one who did Arrow Route. Mr. Schlosser asked how could we be assured they would do a better job. Mr. Hubbs stated that staff would watch more closely and make sure they did a better job. The City Attorney stated that we were required by State Law to award contracts to the lowest bidder. If they were licensed, then they are considered a responsible bidder. Mr. Mikels asked if there was a mechanism to accept the next highest bidder. Mr. Dougherty stated that Council would have to make a determination, then the company would be given a chance to make his case before Council. Generally, courts have leaned very heavily toward the lowest bidder. It was not his recommendation to award the contract to anyone but the lowest bidder. Mr. Schlosser requested that the items be included in the Consent Calendar for approval. a. Approval of Warrants, Register No. 82-11-17, in the amount of $401,072.95. (~) (2) (3) (4) (5) (6) City Council Minutes November 17, 1982 Page 2 b. Forward Claim against the City by Ohio Casualty Group to the city attorney for handling. e. Alcoholic Beverage Application for Mereedes N. and Stephen I. Elias for on-sale beer and wine eating place, Mi Casita, 9608 Base Line Road. ee Intent to Order Annexation No. 11 to Landscape Maintenance District No. 1 for Tract No. 12040 located at the northeast corner of Arrow Highway and Turner Avenue. RESOLUTION NO. 82-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 11 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (TRACT 12040) RESOLUTION NO. 82-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 11 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (TRACT 12040). (7) ~. Intention to Vacate a 30-foot service road located on the south side of Foothill Blvd. in connection with Parcel Map 6114 submitted by Vista Investment. RESOLUTION NO. 82-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE FRONTAGE ROAD ON THE SOUTH SIDE OF FOOTHILL BLVD. IN CONNECTION WITH PARCEL MAP 6114. f. Approval extension of Improvement Agreement for Tract 9351 located on the west side of Sapphire north of 19th Street. RESOLUTION NO. 82-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 9351. Approval of Parcel Map 7451, Bonds and Agreement located at the southwest corner of Wilson and Haven Avenues submitted by the Church of the Latter Day Saints. City Council Minutes November 17, 1982 Page 3 RESOLUTION NO. 82-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 7451, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. h. Summarily vacate an unused 15-foot wide drainage easement located on Parcel Map 5670, northeast corner of 6th Street and Milliken Avenue. RESOLUTION NO. 82-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 15 FOOT WIDE DRAINAGE EASEMENT. i. Award of contract for Carnelian Street Improvements (05-06-55) to Fontana Paving, Inc., the lowest bidder at $144,712,820 - to include asphaltic concrete (A.C.) overlay and/or reconstruction of Carnelian Street between 19th Street and Wilson Avenue and minor A.C. overlaying in Banyan Street, east of Carnelian Street. Bid is 33% below the Engineer's estimate of $216,000. Parcel Map 6194, located on the east side of Haven Avenue, south of A.T. & S.F. Railroad track -- Approval of reduction in bonds from $850,000 to $20,000. k. Release of Bonds and Notice of Completion: 1. Tract 9212 - located on the north side of Banyan, east of Beryl. Owner: Prado Woods Corp. Faithful Performance (road) $58,000 2. Tract 9240 - located north of Banyan, west of Hellman. Owner: Prado Woods Corp. Faithful Performance (road) $42,000 RESOLUTION NO. 82-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 9212 AND 9240 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. 1. Approval of Resolution revising and updating Resolution No. 81-154. RESOLUTION NO. 81-154-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, NAMING THOSE INDIVIDUALS WHO WILL BE ALLOWED TO SIGN SMALL CLAIMS COURT DOCUMENTS RELATING TO CITY LICENSING PROGRAMS. m. Award of contract to the low bidder, All American Asphalt, for the reconstruction of Sapphire Street from Rosebud to Vinmar at $46,652.50 plus a 10% contingency. Motion: Moved by Schlosser, seconded by Frost to approve the Consent Calendar. Motion carried unanimously 5-0. (8) (9) (z2) (z3) (14) (15) City Council Minutes November 17, 1982 Page 4 4. PUBLIC HEARINGS. 4A. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 81-09 (TENTATIVE TRACT 11804 AND 11805) - ALLEN: A change of zone from R-1 (single family residential) and R-3 (multiple family residential/planned development) and the development of 76 eondominium units on 11.03 acres of land at the northwest corner of Highland and Haven Avenue - APN 201-262-28, 30, 31, 37, 40. Staff report presented by Rick Gomez, city planner. Mr. Frost stated that there had been a discussion about excluding the portion which was within the Route 30 corridor. What was finally done? Mr. Gomez stated that this parcel was part of the total; the balance of the site which is within the freeway corridor is not included within the project. 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. 186. ORDINANCE NO. 186 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201-161-28, 30, 31, 37, AND 40 LOCATED AT THE NORTHWEST CORNER OF HIGHLAND AND HAVEN AVENUES FROM R-1 AND R-3 TO R-3/P.D. Motion: Moved by Schlosser, seconded by Dahl to waive further reading of Ordinance No. 186. Motion carried unanimously 5-0. Mayor Mikels set December 1, 1982 for second reading. 4B. ORDINANCE AMENDING CHAPTER 16.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATING TO PARK AND RECREATION LAND. This amendment to Ordinance No. 105 prepared by the City Attorney's Office reflects State mandated changes resulting from Senate Bill 1785 authored by Senator Foran. Staff report by Bill Holley. 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. 105-B. ORDINANCE NO. 105-B (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 16.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATING TO PARK AND RECREATION LAND INCLUDING SAVINGS PROVISIONS. Motion: Moved by Dahl, seconded by Sehlosser to waive further reading of Ordinance No. 105-B. Motion carried unanimously 5-0. Both Mr. Buquet and Mr. Frost congratulated Mr. Holley on the way he handled this matter during the Foran hearings. Mr. Holley expressed how serious this was for the city and how it has imperiled the plans of the community which were established by the General Plan. Mayor Mikels set December 1, 1982 for second reading. 5. STAFF REPORTS City Council Minutes November 17, 1982 Page 5 5A. LICENSING OF KENNEL DOGS - SHEPHARD RANCH KENNEL - JOSEPH DOBSON. Sandy Hackney, Business License Inspector, presented the staff report. The city attorney stated that the State does not provide a kennel provision for cities within rabies areas. All dogs, if over four months old, within a rabies area, must be individually licensed and vaccinated. The counties or cities have an option if not within such an area. However, the question of the fee is open for consideration. Mayor Mikels opened the meeting for public input. Speaking were: *Mr. Dobson, owner of the kennel, stated he has had the kennel for over thirty years under the county. He could get a kennel license from the County and did not have to license each dog individually although he did have to provide proof of rabies vaccination. Mr. Schlosser stated this was a matter that Mr. Dobson did not want to get the dogs licensed; it was regarding the fees. *Mrs. Dobson stated they had to license each adult dog each year, and this adds an additional expense on their breeding dogs. Sandy Hackney stated that on November 4th, Mrs. Fryman of the Humane Society surveyed the kennel and discovered the Dobson's had ten german shepherd dogs at that time. Discussion followed between Mr. Dobson and Council regarding the price each dog was sold for and the total fees for each dog. Mr. Buquet stated he was confused and did not understand exactly what Mr. Dobson wanted from the Council. Mr. Dobson said he wanted the Council do like the County does and issue a blanket license for kennels. Mr. Frost inquired as to what precipitated this issue at this time of year. Mr. Wasserman responded that this issue has been going on for some time between staff and the Dobsons. Mr. Frost stated that the purpose of a license was to be assured each animal received its rabies vaccinations. Mrs. Hackney stated that the dogs were licensed for the year. A new ordinance was being worked on by the cities and should be ready for adoption by next fiscal year. It was anticipated that this would include a reduced license fee for kennels. Mr. Dahl wanted to go on record stating that something should be done to eliminate the problem and direction should be given to staff to make a determination, perhaps in conjunction with the Charley Humane Society. Mr. Wasserman stated it would make sense to have an uniform policy throughout the Chaffey Humane Society District. Mr. Frost concurred, but stated how would like staff prepare some type of detailed report. Licensing is not a profit-making venture and soma adjustment could be made. Perhaps it could be possible to have licenses transfertable. After further discussion, Council concurred that soma type of adjustment should be made, but that it should go through the normal process with an amendment to the fee resolution in about mid-May for the new fiscal year and before new licenses have to be obtained. (16) 6. CITY ATTORNEY'S REPORTS. There were none. (i7) (is) City Council Minutes November 17, 1982 Page 6 Mayor Mikels called a recess at 8:50 p.m. The meeting reconvened at 9:10 p.m. with all members of the Council and staff present. 7- COUNCIL BUSINESS 7A. DIRECT ELECTION OF MAYOR. Report from the Citizens Advisory Commission was presented by Jim Robinson. Mayor Mikeis asked Mr. Gracia, member of the CAC, if he had any further input from the CAC meeting. Mr. Gracia stated he was one of the commissioners who voted to have an elected mayor. Paul Saldana, member of the CAC, stated he was in opposition to an elected mayor. He said he was conducting a survey, but it wasn't complete and had nothing to report at the present time. Mayor Mikels opened the meeting for public input. There being no comments, the public portion of the meeting was closed. After further discussion, Council concurred not to waste any further time on the item. Motion: Moved by Dahl, seconded by Schlosser to defer the item until a later time. Motion carried unanimously 5-0. 7B. PARKS COMMISSION. Staff report by Bill Holley. Mayor Mikeis opened the meeting for public input. Addressing Council was: *Nacho Gracia who felt a Parks Commission would be appropriate because it would be able to concentrate all efforts on one item. Mr. Buquet stated it was his intent to have this body from the CAC report to the Council, not to the CAC. Mr. Dahl stated he was not in agreement with this. He felt that a Commission from the CAC would be better. Also, he favored them having their own meeting time and not have it on a back-to-back basis with the CAC. Mr. Frost felt that there still was a need to form a group of interested people on a short-term basis for concentrated efforts. Motion: Moved by Dahl, seconded by Schlosser to form a Parks Advisory Committee to report to the Council with appointments coming from the CAC; it be a five-member body; and the meeting times be separate from the CAC with time to be determined by the Council; be held as public meetings with one member from each of the three communities, with members serving at the pleasure of the council. Mr. Frost asked if composition of the committee should be included under separate motion because the language doesn't seek balance such as distribution of members. Mr. Frost also stated he wanted to seek two additional members from the general public for this committee. Mr. Buquet stated that he did not want to get off in another discussion, but to stick to the motion on the floor. Mayor Mikeis stated that we could reserve for the future a change in the committee makeup. Motion carried unanimously 5-0. City Council Minutes November 17, 1982 Page 7 7C. ADDITIONAL ITEM: Mr. Schlosser inquired into the abandoned orchard above Banyan and what has been done about it. Mr. Robinson stated that Agriculature Department gave the owner the option to clear the land. It has gone beyond the length of time stated in the Ordinance however. The County is about to go in and clear the land at a cost to the owner of about $10 to $20,000. 8. ADJOURNMENT. Motion: Moved by Buquet, seconded by Frost to adjourn, not to reoonvene. Motion carried unanimously 5-0. The meeting adjourned at 9:35 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk