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HomeMy WebLinkAbout1982/03/03 - MinutesMarch 3, 1982 CITY OF RANCHO CUCAMONGA 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, March 3, 1982. The meeting was called to order at 7:05 p.m. by Mayor Phillip D. Schlosser. Present were: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Jim Robinson, Assistant City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley; and Finance Director, Harry Empey. Approval of Minutes of February 17, 1982. Motion: Moved by Palombo, seconded by Frost to approve the minutes. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS Councilman Mikels announced that he had good news regarding transportation. He stated that the 1246 Commission had met informally at staff level and approved a list of projects which gave a considerable weight to San Bernardino projects. Councilman Mikels also announced that at the Sanbag meeting this date, a commitee meeting was held to nominate members for the LAFC position that is being vacated. He stated that a meeting to select a replacement will take place ten days after April 13th (April 23rd) and that 'any of the Council- men could petition the Mayor to put their name up for consideration. Councilman Frost suggested that at the first meeting in April, the Council come up with an edorsement from the Council as a whole. Jim Robinson, Acting City Clerk, announced that Item 5-C has been removed from the City Manager's Report. Mayor Schlosser announced that there would be an executive session to discuss legal matters following the meeting. Councilman Bridge requested that Item "m" be pulled from consent calendar for discussion, since community concern had been expressed. Councilman Palombo requested that Item "b" be removed for clarification and discussion. 3. Consent Calendar Item "b": Authorization to Request Proposals for Design Services for Hellman and Foothill Signalization and Drainage Improvements. Lloyd Hubbs, City Engineer, discussed the need for design services. He stated the cost estimate for the improvements was $350,000 to $400,000 to be shared with Caltrans and that it would take at least a year and a half for the improvements to be completed. Item "m": Agreement with R.C. land Company concerning Advance and Reimbursement of Funds for Engineering Work in Connection with Assessment District 79-1. City Council Minutes March 3, 1982 Page Two (x) (2) After'a brief explanation of the R.C. Land Agreement by Lloyd Hubbs, City Engineer, Mayor Schlosser opened the meeting for public input. Jim Banks indicated he felt uncomfortable with debtor/creditor relation- ship between City and major developer, stating that he felt that it put the City in a compromising position. He also inquired about the $59,000 ehat was owed. Bob Dougherty, Assistant City Attorney, responded that this type of agree- ment is quite cormnon and does not create a legal conflict of interest. Lloyd Hubbs stated that the $59,000 was a portion of the street improvement plans that were done as part of the project prior to the City entering into a contract with the design engineer. He stated that in the eventuality of an assessment district, that money would be a pre-payment of assessments from the developer. Ken Willis, B.I.A., stated that the City had entered into reimbursement agreements before and that its a very common practice with most muncipalities and county governments. Councilman Bridge stated that he personally did not share Mr. Banks' concerns and felt confident there would not be any conflict of interest. a. Approval of Warrants, Register No. 82-3-3 for $311,962.30. Authorization to Request Proposals for Design Services for Hellman and Foothill Signalization and Drainage Improvements. It is recommended that Council authorize staff to request proposals for design services for signalization and drainage improvements at the intersection of Hellman Avenue and Foothill Boulevard. Acceptance of Improvement and Maintenance Agreement for Parcel Map 4511. It is recommended that Council accept the subject agreement for Parcel Map 4511 located on the south side of 9th Street, west of Archibald Avenue submitted by Sebastiano Filipi. RESOLUTION NO. 82-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING IMPROVEMENT AND MAINTENANCE AGREEMENT FOR P.M. 4511. d. Release of Lien Agreement and Acceptance of Lien Agreement - Stephen Butters- located at 9260 Mignonette Avenue. RESOLUTION NO. 82-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEPHEN BUTTERS. RESOLUTION NO. 82-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEPHEN BUTTERS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. City Council Minutes March 3, 1982 Page Three e. Intent to Vacate Unnecessary Streets and Alleys within the Victoria Project (Tract 11934). It is recommended that Council declare its intention to vacate the unnecessary streets and alleys and set date of April 7, 1982 for public hearing. RESOLUTION NO. 82-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING iTS INTENTION TO VACATE UNNECESSARY STREETS AND ALLEYS WITHIN THE VICTORIA PROJECT AS HEREIN DESCRIBED. f. Set public hearing date of March 17, 1982 for Tentative Tract 11615 - P.D. 82-02 - Lewis Properties. g. Set public hearing date of March 17, 1982 for Community Development Block Grant Program for the purpose of deciding funding. h. Set public hearing date of March 17, 1982 for General Plan Amendment 82-01A - Lewis. A request to amend the Land Use Policies of the General Plan, that would allow the City to consider development plans within a Planned Community area, prior to adoption of the Planned Community. i. Set public hearing date of March 17, 1982 for General Plan Amendment 82-01C - City of Rancho Cucamonga. A request to amend the Land Use Element of the General Plan to change the land use designation in the area fronting 4th street extending approximately 1400' north between Etiwanda Avenue and the AT & SF railroad tracks. This land use desig- nation is recommended to be changed from heavy industrial to general industrial. j. Approval of a Loan to the Redevelopment Agency. RESOLUTION NO. 82-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LOAN TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF $50,000 k. Intent to Vacate Oak Road, east of Amethyst Street and west of Klusman - Leonard Tyko. Request that public hearing date to consider the subject vacation be set for April 7, 1982. RESOLUTION NO. 82-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE OAK ROAD LOCATED EAST OF AMETHYST STREET AND WEST OF KLUSMAN AVENUE. (V-O16). 1. Authorization to Request Proposal for Materials Testing and Construction Surveys for Assessment District 79-1. It is recommended that Council .authorize staff to request proposals for the above referenced services. m. Agreement with R.C. Land Company Concerning Advance and Reimbursement of Funds for Engineering Work in Connection with Assessment District 79-1. It is recommended that Council approve the agreement with R.C. Land Company and authorize the Mayor and City Clerk to execute the same on the City's behalf. ""r-'l if'IT City Council Minutes March 3, 1982 Page Four (~3) (14) n. Authorization for Community Services Department to Attend a One-Day Emergency/Disaster Training Seminar. Recon~endation: It is recommended that Council authorize three repre- sentatives from the Community Services Department to attend a one-day workshop in La Canada on March 19 on how to put on "Earthquake Prepared- ness Programs" for the general public. Cost to be $125 per participant with funds charged against the Management Development Account. Alcohclic Beverage License - The Circle K Corporation No. 1029, 10110 Foothill Blvd. for off-sale beer and wine license. p. Release of Bonds and Notice of Completion: * Parcel Map 5803 - located on the southwest corner of Haven Avenue and Lemon Avenue. Owner: Hone and Associates. Improvement Security (road) $86,000 * Parcel Map 4762 - located at 6th Street and Lucas Owner: Westwards Properties. Rancho Road. Faithful Performance Bond (road) $86,000 * CUP 81-04 - located on the west side of Vineyard Avenue, south of Foothill Blvd. Owner: Vineyard National Bank. Faithful Performance Bond (road) $47,000 * Parcel Map 4595 - located at the northeast corner of Haven Avenue and Jersey Blvd. Owner: Crowell/Leventhal, Inc. Monumentation Bond $ 4,000 * D.R. 80-39 - located at the southeast corner of Jersey and Utica. Owner: Robert Manufacturing Compnay. Certificate of Deposit $ 7,500 RESOLUTION NO. 82-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE STREET IMPROVEMENTS FOR PARCEL MAP 5803, PARCEL MAP 4762, AND CONDITIONAL USE PERMIT NO. 81-04, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. Motion: Moved by Frost, second by Palombo to approve the Consent Calendar. PUBLIC HEARINGS Carried Unanimously. 4A. REVISION TO TITLE 10, VEHICLE AND TRAFFIC, OF THE MUNICIPAL CODE TO REFLECT' CORRECTIONS IN WORDING AND INTENT AND TO REVISE SPEED LIMITS ON CITY STREETS. Staff Report by Lloyd Hubbs, City Engineer. Acting City Clerk Robinson read the title of Ordinance No. 169. Ordinance 169 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AMENDING SECTIONS 10.04.070, 10,04.00, 10.20.010, 10.20.020, 10.40.010 A & B, 10.52.030, 10.52.040, 10.56.020 OF TITLE 10, VEHICLES AND TRAFFIC. City Council Minutes March 3, 1982 Page Five Motion: Moved by Palombo and seconded by Bridge to waive further reading of Ordinance No. 169. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. * E.U. Bauers, 8357 Belle Vista indicated he was opposed to raising the speed limit from 35 to 45 on Baseline between Carnelian and Turner. He stated that he was a teacher at Alta Loma High School and discussed the traffic hazards in the vicinity of the school. The Council indicated that they shared Mr. Bauer's concerns and 'discussed how the increase in speed would actually help to enforce speed limits in the vicinity of the school through the use of radar. Captain Wickum explained that radar could not be used at the present speed of 35 since the reduced speed limit in front of the high school was considered a "speed trap". Therefore, he indicated that the only way they could presently enforce the speed limit was by "pacing" the cars and he explained why this made enforcement difficult. Lloyd Hubbs, City Engineer, reported that the proposed speed limit increase on Baseline between Carnelian and Turner was to 40 m.p.h. and not 45 m.p.h. He stated the City had done a special traffic study on Baseline and one of the actions recommended was a traffic signal at Baseline and Beryl. * Herman Rempel, 9505 Baseline, discussed the need for a crosswalk on Baseline in the vicinity of the 7-11 Store and Sizzler's Restaurant. * Jeff Crawford, student at Alta Loma High School, talked about the difficult), of making a left hand turn into the High School Parking lot at 7:30 a.m. In response to Councilmen Frost's request, Paul Rougeau, Sr. Civil Engineer, discussed traffic statistics on Baseline and studies that have been completed. * Anita Hellman, student at Alta Loma High School expressed her concern about increase in speed, and requested additional signs to warn drivers that there is a pedestrian crossing and some sort of lighting of signs since crosswalk is also u~ed at night. Lloyd Hubbs, City Engineer, that the City would look at signing again and possibility of night time lighting, and will continue to work with high school. There being no further response from the public, Mayor Schlosser closed the public hearing. Motion: Moved by Councilman Bridge, seconded by Frost to adopt Ordinance No. 164. Motion Carried unanimously 5-0. Councilman Bridge requested that Captain Wickum increase speed enforcement during heavy pedestrian hours. 4B. ZONING ORDINANCE AMENDMENT NO. 82-01. An ordinance approving Zoning Ordinance Amendment 82-01 modifying Section 61-0219(b) of the Zoning Code providing for regulation of compact car and bicycle parking spaces. Acting City Clerk Robinson read the Title of Ordinance No. 172. ORDINANCE NO. 172 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ZONING ORDIN~{CE AMENDMENT 82-01 MODIFYING SECTION 61.0219(b) OF THE ZONING CODE PROVIDING FOR REGULATION OF COMPACT CAR AND BICYCLE PARKING SPACES. (15) City Council Minutes March 3, 1982 Page Six Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 172. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. Kay Matlock, Lewis Homes, stated they did not oppose adoption of Ordinance, but suggested it could go much further than it did regarding compact cars. She said they hoped to open the question for further consideration in the future. * Ralph Lewis, Lewis Homes, suggested that the ratio of compact cars might be higher than 20%. * Ken Willis, B.I.A. suggested a possible future amendment to the Or.dinance to increase 20% ratio if, after further study, it proved to be valid. Jack Lam, Director of Community Development, stated that when work began on the revised comprehensive zoning ordinance, the question of parking would again be addressed. There being no further response from the public, Mayor Schlosser closed the public hearing. Motion: Moved by Palombo, seconded by Frost that Ordinance No. 172 be approved with stipulation that review procedure be brought before Council when parking issue is studied under the revised Comprehensive Zoning Ordinance. Motion carried unanimously 5-0. At this point, the order of the Agenda was changed and item 4D was discussed next: 4D AN ORDINANCE MODIFYING THE DRAINAGE FEE It is recommended that Council approve Ordinance No. 75-B increasing drainage fees from $2,500 per acre to $4,600 per acre. Lloyd Hubbs, City Engineer, reviewed staff report and presented slide presentation of storm damage during recent years. Acting City Clerk Robinson read the Title of Ordinance No. 75-B. ORDINANCE NO. 75-B (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING CHAPTER 13.09 OF THE MUNCIPAL CODE RELATIVE TO COMPREHENSIVE STORM DRAIN PLAN AND DRAINAGE FEES. Motion: Moved by Frost, seconded by Mikels to waive further reading of Ordinance No. 75-B. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. * Ken Willis, B.I.A., requested delay of first reading at least 30 d~s to give time for one or mere public workshops to discuss cost of proposal line by line and to review why the City felt there is no other possible w~y. * Kenneth C. Byrne indicated the he owned a 3 3/4 acre parcel at the top of Hermosa and that he thought cost was staggering. He also requested some sort of workshop. City Council Minutes March 3, 1982 Page Seven * Clara J. Murillo, 13235 Victoria, Etiwanda indicated her opposition to the assessment fee since property owners who build are already required to submit topo maps and complete street improvements for frontage of property for drainage. Mayor Schlosser pointed out that every time you add a roof or paving, you add to the drainage problems in the City and he stressed the City's duty to protect life and property in the City. * Ralph Lewis, Lewis Homes, indicated he agreed with Ken Willis and requested a study period. * Ken Willis, B.I.A. suggested there be some study regarding how redevelopment funds could used for drainage improvements. * Alan Lowy, Lesney Development, referred to legislation which requires that any increase in fees must relate to an increase in service. * Sam Aloof, owner of property on Hillside and on Highland asked if this assessment pertained to homeowner who is not going to developer his land? Lloyd Hubbs responded that this fee is paid at the time a building permit is taken out and is only assessed on that portion of land that is to be developed. He elaborated on the difference between street improvements and storm drain improvements and the cost involved. He noted that payment to another assessment district, such as Alta Loma Channel, discharges owner's fee obligation. There being no further response, public hearing was closed. Motion: Moved by Mikels, seconded by Palombo that Ordinance 75-B be tabled pending study sessions between City staff and various private interests and be brought back before Council when appropriate. Motion carried unanimously 5-0. Motion: Moved by Palombo, seconded by Frost to table Item 5-C (Ord. l12-A) since passage of this Ordinance is contingent upon passage of Ordinance 75-B. Motion carried unanimously 5-0. Councilman Frost suggested that the first study session be tentatively scheduled for March 18th and that interested parties contact engineering for confirmation of time and place. Mayor Schlosser called a recess at 9:00 p.m. The meeting reconvened at 9:16 p.m. with all members of Council and staff present. 4E ORDERING ANNEXATION NO. 8 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT 9441, 11609, AND DIRECTOR REVIEW 80-34. It is recommended that Council order the annexation of the subject projects to Landscape Maintenance District No. 1. Lloyd Hubbs, City Engineer, presented staff report. Acting City Clerk Robinson read the title of Resolution No. 82-44. RESOLUTION NO. 82-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ORDERING THE WORN IN CONNECTION WITH ANNEXATION NUMBER 8 TO LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 FOR TRACTS 9441, 11609, AND DIRECTOR REVIEW 80-34. Motion: Moved by Frost, seconded by Bridge to waive further reading of Resolution No. 82-44. Motion carried unanimously 5-0. (17) City Council Minutes March 3, 1982 Page Eight (~8) Mayor Schlosser opened the meeting for public hearing. There being no response, public hearing was closed. Motion: Moved by Frost, seconded by Bridge to adopt Resolution No. 82-44. Motion carried unanimously 5-0. 4F ALTA LO~ CHANNEL ASSESSMENT DISTRICT Lloyd Hubbs, City Engineer, reported that the Building Association, had presented the City with ~ petitlop from the ownera of over 60% of the assess- able area tributary to the Alta Loma Channel requesting the formation of an assessment district. Don Owen, Assessment Engineer, reviewed the procedure that would be fellowed in developing the district and how assessments would be levied if the~Listrict is established. He noted that during the process, many problems would have to be worked out, one of which involved the subject of developed v.s. undeveloped land. Ken Willis, B.I.A., discussed some of the advantages of forming an assessment district and his willingness to work with landowners. Councilmen Bridge expressed his concern regarding those smell landowners who are farming their property. Mayor Schlosser opened the meeting for public hearing: * The following small property owners of one to ten acre parcels, indicated they did not plan to develop their property and were opposed to the district: Peter Tolstoy, 9540 Hillside Road (also represented Vera Tolstoy, 9896 Hillside)- Barbara Grimely, 5360 Hermosa Sam Aloof, Highland Avenue George Creed, Highland Avenue Darlene Tate, 10050 Hillside Road Henry Bochet, 5506 Archibald * Harry Halloway, 2727 DeAnza, San Diego, stated he felt assessment was unfair. * Kenneth C. Byrne, stated he planned to build one day and was opposed to the high assessment fee. * George Kreigh stated that there was no evidence of any washout in the channel in 1969. * Jim Meyers indicated on the map the area that he represented and stated their access road, which is Almond, is affected by a portion of the district, and presented a petition from the residents asking to be included in the district for the purpose of forming a road improvement district. There being no further response, the public hearing was closed. Acting City Clerk Robinson read the title of ResolUtion 82-45. RESOLUTION NO. 82-45. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS ON PETITION FOR ASSESSMENT DISTRICT NO. 82-2 ALTA LOMA FLOOD CONTROL CHANNEL. Councilman Bridge stated that the Council shared many of the same concerns expressed by the property owners and felt that there can be a solution to some of these problems. He stated that because of the real need for this project, he felt the process should begin. City Council Minutes March 3, 1982 Page Nine Motion: Moved by Bridge, seconded by Frost to accept petition and begin process for forming assessment district and to waive further reading and adopt Resolution No. 82-45. Prior to voting on the motion, Councilman Frost stated that we are beginning a process that will gain momentum as it goes on and noted the difficult part will be determining who is a developer as opposed to a landowner. Councilman Mikels stated that the City's experience with the assessment district process will lend to its ability to address some of these concerns. He stated that the process will take place over a long period of time, and during that p.eriod he was hopeful that the City could complete something that would be of benefit to the entire community. At this point a vote was taken on the motion. Motion carried unanimously 5-0. Mayor Schlosser called a brief recess at 10:25 p.m. Mayor Schlosser called the meeting back to order at 10:40 p.m. with all members of staff and Council present. 5. CITY MANAGER'S STAFF REPORT 5A. AUTHORIZATION TO AWARD SURVEY AND MAP CONTRACT FOR THE HERITAGE PARK. Prior to discussion of this item, Councilman Frost stepped down from his Council seat. Bill Holley, Director of Con~nunity Services, presented staff report. Motion: Moved by Mikels, seconded by Palombo to accept staff recommendation and award contract to L.D. King, Inc., not to exceed $3,560, for the surveying of Heritage Park. Ayes: Mikels, Palombo, Bridge & Schlosser. Noes: None Absent: Frost Motion Carried. At this point, Councilman Frost returned to his Council seat. 5B AUTHORIZATION TO RENT/LEASE HOUSE ON ARROW PARK SITE (2O) Bill Holley, Director of Community Services, presented staff report. Motion: Moved by Mikels and seconded by Palombo to authorize Community Services Department to manage the Arrow Park property and rent or lease the house located on the property until park development occurs. Motion Carried 5-0. 5C HERMOSA GROVE PARK -- This Item Was Removed. 5D DEVELOPMENT AGREEMENT WITH LESNEY DEVELOPMENT COMPANY FOR DEVELOPMENT REVIEW NO. 80-34 . 117 units on the northwest corner of Lemon and Haven Avenues. (21) Jack Lam, Director of Community Development, reviewed staff report. Motion: Moved by Bridge, seconded by Palombo to approve agreement. carried unanimously 5-0. Motion 6. CITY ATTORNEY'S REPORT. There were none. City Council Minutes March 3, 1982 Page. Ten 7. ADJOURNMENT Motion: Moved by Mikels, seconded by Palombo to adjourn to Executive Session at 11:00 p.m. Motion Carried unanimously 5-0. The City Council meeting reconvened at 11:20 p.m. with all members of Council present. Motion: Moved by Palombo, seconded by Mikeis tc adjourn to Redevelopmerit meeting. Motion carried unanimously 5-0. The Council meeting adjourned at 11:20 p.m. Respectfully Submitted, Gin/nyZ~itara Acting Deputy City Clerk