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HomeMy WebLinkAbout1982/06/02 - Minutes June 2, 1982 CITY OF RANCHO CUCAMOMGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER. The regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lion's Park Community Center, 9161 Base Line Road on Wednesday, June 2, 1982. The meeting was called to order at 7:03 p.m. by Mayor Jon D. Mikeis. Present were: Councilmen 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; City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Com- munity Services Director, Bill Holley. ANNOUNCEMENTS. Councilman Frost announced the Citrus Belt Division of the League of California Cities dinner meeting on Wednesday, June 30, at the Red Lion Inn. Mr. Wasserman requested that staff report item 5D, be added to the Consent Calendar. It was very routine and did not require discussion. Council con- curred and made it Consent Calendar item 3 "1". CONSENT CALENDAR. Approval of Warrants, Register No. 82-6-2 for $138,867.37. Alcoholic Beverage License for Rondal L. Costantino and Stephen A. Porola for off-sale beer and wine, Fat Daddy's Pizza and More, 8111-A Foothill Blvd. Forward Claim by Eveleen Jones/All State Insurance to the city attorney for handling. Intent to vacate certain equestrian easements within Tract 9440, and to set the public hearing date for July 7, 1982. RESOLUTION NO. 82-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE CERTAIN EQUESTRIAN EASEMENTS WITHIN TRACT 9440, LOCATED ON THE WEST SIDE OF HERMOSA, NORTH OF BANYAN, AS SHOWN ON MAP NO. V-O19 ON FILE IN THE OFFICE OF THE CITY CLERK. Approval of Resolution for the vacation of a portion of Heather Street within Parcel Map 7237, located at the southeast corner of Highland and Haven Avenues. RESOLUTION NO. 82-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF HEATHER STREET. Acceptance of Parcel Map 7237 and real property contract and lien agreement - Highland/Haven Assoc. located at the southeast corner of Highland and Haven Avenues. City Council Minutes June 2, 1982 Page 2 (s) RESOLUTION NO. 82-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 7237 (TENTATIVE PRACEL MAP 7237). (6) (7) g. (8) h. (9) i. (i0)j. (u)k. RESOLUTION NO. 82-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM HIGHLAND/HAVEN ASSOCIATES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. Acceptance of real property improvement contract and lien agreement - Coca Cola Bottling Company of Los Angeles, located on the north side of 6th Street, east of Haven Avenue. RESOLUTION NO. 82-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM COCA COLA BOTTLING COMPANY OF LOS ANGELES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. Selection of professional engineering firm to provide soil and materials testing for the Industrial Assessment District 82-1. Recommend that council approve selection of Richard Mills and Associates as testing engineers. Selection of professional engineering firm to provide construction staking and surveying services for Industrial Assessment District 82-1. Recommend council approve contract with Associated Engineers to provide construction surveying. Request authorization to seek bids for city street sweeping service contract for selected arterial streets. Release of Bonds and Filing of Notices of Completion. *Parcel Map 6206 - located on Arrow Route between Deer Creek and East Avenue. Owner: Barton Development. Faithful Performance Bond (storm drain line 5C) $1,011,000 *Director Review 81-5 - located at the southwest corner of Arrow Route and Etiwanda Avenue. Owner: Ameron Pipe Division. Faithful Performance Bond (street) $ 54,000 *Tract 9176 - located at Beryl and Sunflower. Owner: Sievers Development. Faithful Performance Bond (street) $ 40,000 RESOLUTION NO. 82-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE STORM DRAIN IMPROVEMENTS FOR PARCEL MAP 6206, STREET IMPROVEMENTS FOR DR 81-05, AND STREET IMPROVEMENTS FOR TRACT NO, 9176 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE City Council Hinutcs June 2, 1982 Page 3 1. Added item to the Consent Calendar -- from Staff Report Item 5D. Request for Adoption of Resolution Recognizing the San Bernardino County Arts (13) League and expressing approval of the San Bernardino County arts plan. RESOLUTION NO. 82-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE SAN BERNARDINO COUNTY ARTS LEAGUE AND EXPRESSING APPROVAL OF THE SAN BERNARDINO COUNTY ARTS PLAN. 4. PUBLIC HEARINGS. 4A. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 82-03: Amending C-1 and C-2 zones to allow arcade uses subject to review and approval of a Condi- tional Use Permit. (continued from April 21, 1982 meeting). Rick Gomez pre- sented the staff report. The ordinance before Council was for second reading. However, at the April 21st meeting, council raised the issue of allowing amusement devices in liquor stores. Staff conducted a survey and discovered Montclair was considering prohibiting amusement devices within certain businesses selling alcoholic beverages. If council wished to restrict games in liquor stores, then the suggested language should be added to the ordinance: "Amusement devices shall be prohibited within any business devoting over 50% of its public floor area (excluding storage rooms and "employee only" areas) to the display and sale of alcoholic bever- ages for off-site consumption." City Clerk Wasserman read the title of Ordinance No. 174. ORDINANCE NO. 174 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 61.022, 61.027A, AND 61.027B OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE BY DEFINING AN ARCADE AND ADDING SECTIONS 61.027A(b)(5)B AND 61.027B(d)(6), AND AMENDING SECTION 61.027B(b) (1)(A) TO PROVIDE FOR ARCADE USES IN THE C-1 AND C-2 ZONES AND REQUIRING A CONDITIONAL USE PERMIT. Motion: Moved by Dahl, seconded by Buquet to waive further reading of the ordin- ance. Motion carried unanimously 5-0. The city clerk indicated that council had received a letter from Paul Saldana which summarized the results of a survey which he had conducted. Mayor Mikels opened the meeting for public hearing. Addressing Council were: *Erv Remy, owner of the Town and Country Liquor Store at 19th and Archibald Avenue. He inquired how the ordinance would change his method of operation. *Paul Saldana, Alta Loma High School student, reported on his survey. *Jerry Thomas, Pizza Royale owner. Inquired if the ordinance would be retroactive. *Mrs. Shirley Adenauer, 8261 Malachite. Inquired about the existing ordinance. *Melvin Futrell, Topaz Street. Expressed opposition to games in liquor stores. City Council Minutes June 2, 1982 Page 4 *Greg Bentley, 808 Rosebud. Inquired how the question came up regarding games being placed in liquor stores. *James Blalock, liquor store owner at Carnelian and Base Line. Wanted to know why council was picking on liquor stores since the majority of his sales were made by selling candy, gum, and soda even though fifty percent of his store was displaying wines. There being no further public comments, Mayor Mikels closed the public hearing. Councilman Schlosser asked if we had received comments from the Chamber of Commerce regarding this issue. Mr. Wasserman stated that the Chamber had re- viewed the ordinance. Mr. Vairin, senior planner, stated that the Chamber had reviewed the original ordinance. They had several comments which were ~: corpora- ted into the ordinance by the Planning Commission. Regarding the liquor store issue, they had not commented on that. Mr. Schlosser stated that he wanted to know what the Chamber's comments were regarding adding the section into the ordinance about games in liquor stores. Councilman Frost asked if there was any protection between the date of adoption and the date of implementation. For example, if someone opened up a store tomorrow in hopes he could be grandfathered in, could he do that? Mr. Dougherty stated that only if it were a permitted use and they could lawfully have the number of machines they put in. Mr. Dougherty explained that the ordinance, as proposed, would allow three games or less as permitted accessory uses in C-1 and C-2 zones. Four or more games would be permitted in C-1 zones with a C.U.P. Four or more would be permitted in C-2 zones and considered as arcades. Motion: Moved by Frost, seconded by Buquet to approve Ordinance No. 174 as originally written. Motion carried by the following vote: AYES; Buquet, Frost, MikeIs. NOES: Dahl, Schlosser. ABSENT: None. Mayor Mikels called a recess at 8:40 p.m. The meeting reconvened at 9:00 p.m. with all members of Council and staff present. (15) 4B. REVENUE SHARING. Staff report by Harry Empey. Mr. Empey stated that staff was again recommending that council appropriate the $453,150 from revenue sharing to meet the costs of providing police services in the community. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Schlosser, seconded by Frost to set June 16, 1982 for the second public hearing on revenue sharing. Motion carried unanimously 5-0. (16) 4C. TENTATIVE TRACT 11893 - C/L BUILDERS. An appeal of Planning Commission decision for a custom lot subdivision of 17.2 acres of land into 36 lots in the R-I-20,000 and R-l-12,000 zones located on the south side of Banyan, west of Sapphire - APN 1043-411-01. Staff report presented by Michael Vairin, Senior Planner. Mr. Vairin pointed out that this site was designed on the general plan as a park. Since the city chose not to purchase the site for that purpose, the processing of the tentative tract map proceeded in November 1981. The neighboring property owners were appealing the decision of the planning commission in order that the site would be reconsidered for a park. ,Tune 2, 1'),~2 Page 5 Mayoc MikeIs opened the meeting for pnblic hearing. Addressing Council were: *Jerry Palies, 6067 Indigo Street. *Don Drachand, 6056 Indigo Street. *Sharon Romero, 8242 Rosebud Court. Mr. Dougherty stated that the issue regarding the elimination of the one lot for a park within the proposed development was not properly raised and discussed by the Planning Commission. Therefore, if council wished to investigate this possibility, then the issue must return to the Planning Commission for considera- tion. There being no further public input, the Mayor closed the public hearing. Mr. Holley presented a summary of the history of the acquisition of Arrow Park and Hermosa Park, and why these two locations were selected as park sites for purchase at the time. Councilman Dahl expressed that this would not be a vaiable site for an "active" park, but there was a possibility as a "passive" park. He also expressed that what was a passive park to one, would not be to another. He stated that he would like to see this referred back to the Park Acquisition Committee and the Trails Committee to see what type of use this site could have and what the cost would be. Mr. Dougherty pointed out that the developer would have to give his consent to any extension of time. Mr. Nastase stated that if it was the intent of the council to look at this for the purpose as a park site, then he would concur with a continuance. Mr. Dougherty pointed out that the matter of a continuance by the council did not commit the council in advance to what that action would be. Motion: Moved by Dahl to continue to June 16 meeting and to refer this to the Parks Acquisition Committee for a report back to the council. Motion failed for lack of a second. Motion: Moved by Frost, seconded by Buquet to deny the appeal. by the following vote: AYES: Buquet, Schlosser, Frost, Mikeis. ABSENT: None. Motion carried NOES: Dahl. 4D. RECO>DIENDATION FROM THE HISTORIC PRESERVATION COMMISSION TO DESIGNATE THE LEDIG HOME AS AN HISTORIC LANDMARK. City Clerk Wasserman read the title of Ordinance No. 176. ORDINANCE NO. 176 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE LEDIG HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIG- NATING IT AS A CITY HISTORIC bMYD~gRK. Motion: Moved by Dahl, seconded by Frost to waive further reading of Ordinance No. 176. Motion carried unanimously 5-0. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 176. Motion carried by time following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikeis. NOES: None. ABSENT: None. City Council Minutes Junu 2, 19.'32 Page (5 (18) 4E. RECO>DIENDATION FROM THE HISTORIC PRESERVATION CObDIlSSION TO DESIGNATE THE TItORPE HOME (EDGEMONT) AS ~ HISTORIC LANDMARK. City Clerk Wasserman read the title of Ordinance No. 177. ORDINANCE NO. 177 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE THORPE HOME (EDGEMONT) AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THERE- FORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. Motion: Moved by Buquet, seconded by Dahl to waive further reading of O2inance No. 177. Motion carried unanimously 5-0. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Schlosser, seconded by Frost to approve Ordinance No. 177. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikeis. NOES: None. ABSENT: None. (19) 4F. RECO~DIENDATION FROM THE HISTORIC PRESERVATION COMMISSION TO DESIGNATE THE DEMENS/TOLSTOY HOME AS A POINT OF HISTORIC INTEREST. City Clerk Wasserman read the title of Ordinance No. 178. ORDINANCE NO. 178 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE DEMENS/TOLSTOY HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THERE- FORE DESIGNATING IT AS A CITY POINT OF HISTORIC INTEREST. Motion: Moved by Dahl, seconded by Buquet to waive further reading of Ordinance No. 178. Motion carried unanimously 5-0. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Buquet, seconded by Schlosser to approve Ordinance No. 178. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels. NO: None. ABSENT: None. (20) 4G. VACATION OF UNNECESSARY STREETS AND ALLEYS WITHIN THE VICTORIA PROJECT. Because the tract maps had not been submitted and the wish to discuss the issue after the submital of the tract map, it was recommended that the item be con- tinued to Iune 16, 1982. Motion: Moved by Schlosser, seconded by Buquet to continue the item to the June 16th meeting. Motion carried unanimously 5-0. F~yor Mikels called a recess at 10:30 p.m. The meeting reconvened at 10:55 p.m. with all members of council and staff present. City Council Minutes June 2, 1982 Page 7 5. CITY MANAGER'S STAFF REPORTS. 5A. CUC~MONGA-DEMENS LANDSCAPING PROGRAM. Staff report by Lloyd Hubbs. Staff was requesting a policy direction regarding the assumption of maintenance responsibility of landscaping done by the Corp of Engineers at major street inter- sections in connection with the Cucamonga Creek and Demens Channel projects. Mayor Mikels opened the meeting for public input. There being no response, the meeting was closed to public input. Council discussion followed regarding the cost and whether to delete the Sixth Street, Eighth Street, Ninth Street, Arrow Route, and Red Hill Country Club Drive intersections. Motion: Moved by Frost to approve staff's recommendation to assume the maintenance responsibility for only the Hellman Avenue, Vineyard Avenue, Foothill Boulevard, Base Line Road, Nineteenth Street, Sapphire Street, Carnelian Street and Hillside Road intersections; and thus deleting the other intersections. Motion failed for a lack of a second. Motion: Moved by Schlosser, seconded by Buquet to approve staff's recommendation to assume the full responsibility of all the intersections. Motion carried unani- mously 5-0. Mr. Dahl recommended that staff come back at a later time with the formation of landscape maintenance districts. Mr. Wasserman asked for a clarification as to what council wanted. Council directed that the staff research the feasibility of establishing landscape maintenance districts and bring back procedures for the establishment of such. 5Bo RESOLUTION COMMENDING CHAFFEY COLLEGE FOR LAW ENFORCEMENT PROGRAM. Staff report by Lauren Wasserman. Motion: Moved by Buquet, seconded by Schlosser to approve Resolution No. 82-103 and to waive the entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 82-103. RESOLUTION NO. 82-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMENDING THE CHAFFEY COMMUNITY COLLEGE ADMINISTRATION OF JUSTICE DEPARTMENT FOR THEIR EXCELLENT LAW EN- FORCEMENT PROGRAM. 5C. REQUEST FROM THE HUMANE SOCIETY FOR RATE ADJUSTMENTS. Staff report by Harry Empey. Betty Fryman, Director of the Humane Society, presented the request and need to raise the dog license fees. Fees proposed would be: Unneutered dog to be raised from $12.00 to $15.00 Neutered dog from 6.00 to 7.50 Late fee from 6.00 to 10.00 Impound fees from 12.00 to 15.00 Senior citizens would have one free license if dog is spayed or neutered; other dogs would be at full price. Discussion followed as to why it was necessary to raise fees at this time. Motion: Moved by Schlosser, seconded by Frost to approve the rate adjustmments by approving Resolution No. 82-104, and to waive the entire reading of the resolution. Motion carried by the following vote: AYES: Dahl, Schlosser, Frost, Mikeis. NOES: Buquet. ABSENT: None. City Clerk Wasserman read the title of Resolution No. 82-104. City Council Minutes June 2, 1982 Page 8 RESOLUTION NO. 82-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOINIA, ADOTPING A FEE SCHEDULE FOR THE LICENSING OF DOGS IN THE CITY OF RANCHO CUCAMONGA. ART~-h~AO~E-~NB-~PREBB~NO-~PPRO~E-OF-~H~-S~N-BERNApd~NO-66WN~F~-~R~B-p~N~ Item removed from Staff Reports and placed on the Consent Calendar as item (24) 5E. REQUEST FOR FUNDING OF OPERATIONS OF THE WEST END MEDIATION BOARD. Staff report by Lauren Wasserman. Motion: Moved by Schlosser, seconded by Dahl to approve the funding request by the West End Mediation Board for an allocation of $2100 to come from the Contingency Fund of the Community Development Block Grant for the fiscal year 1982-83. Motion carried unanimously 5-0. (25) 5F. DESIGN SERVICES FOR IMPROVEMENT OF THE INTERSECTION OF FOOTHILL BOULEVARD AND HELL~N AVENUE. Staff report by Lloyd Hubbs. Motion: Moved by Buquet, seconded by Schlosser to award the contract for design services to L. D. King for the total amount of $16,500 with an additional contingency of $2000 for negotiations with Ca!trans. Motion carried unanimously 5-0. (26) 5G. STREET LIGHTING ENERGY POLICIES. Staff report by Lloyd Hubbs. Mayor Mikels opened the meeting for public input. Addressing Council was: *Randy Bond, general manager for Southern California Edison ~ Ontario Office. Mr. Bond asked council to postpone action in order to give Edison Company a chance to look at the resolution. There being no further public response, the public meeting was closed. Motion: Moved by Frost, seconded by Schlosser to continue item to June 16 meeting in order to allow the Edison Company time to review the Resolution. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost. NOES: Mikels. ABSENT: None. (27) 5H. APPROVAL OF A RESOLUTION SUPPORTING AN U. S. CUSTOMS AND IMMIGRATION SERVICE AT ONTARIO INTERNATIONAL AIRPORT. Staff report by Lauren Wasserman. Mayor Mikels opened the meeting for public input. There being no public response, the public meeting was closed. Motion: Moved by Dahl, seconded by Frost to approve Resolution No. 82-107 and to waive the entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 82-107. RESOLUTION NO. 82-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA~NGA, CALIFORNIA, SUPPORTING APPROVAL FOR LOCATING AN U. S. CUSTOMS AND IMMIGRATION SERVICE AT ONTARIO INTERNATIONAL AIRPORT. Cfky Council >linutcs Jnne ~ 1982 Page 9 6. CITY ATTO~NEY'S REPORTS. Mr. Dougherty requested an Executive Session following the council meeting to discuss three matters. Mayor Mikels called a recess at 12:20 p.m. The meeting recenvened at 12:30 p.m. with all members of council and staff present. 7. COUNCIL BUSINESS. Mayor Mikeis announced that Council had received the resignation of Planning Commissioner, Jeff Sceranka. Motion: Moved by Frost to acknowledge receipt of the resignation, but to table acceptance until the June 16th meeting. Motion seconded by Schlosser. Mayor Mikels opened the meeting for public input. Addressing Council were: *Donna Whiting *Loel Gohms *Jim Banks *Bruce Chitiea There being no further public response, Mayor Mikels closed the public portion of the meeting. Motion failed by the following vote: AYES: Schlosser, Frost. NOES: Dahl, Buquet, MikeIs. ABSENT: None. Motion: Moved by Buquet, seconded by Frost to continue the discussion regarding the Planning Commission to the June 16th meeting. Motion carried unanimously 5-0. 8. ADJOURNMENT. Motion: Moved by Buquet, seconded by Frost to adjourn to an Executive Session, to reconvene on June 7 at 6:30 p.m. for a Budget Workshop. Motion carried unanimously 5-0. The meeting adjourned at 12:50 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk