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HomeMy WebLinkAbout1981/07/14 - Minutes July 14, 1981 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 Tuesday, July 14, 1981. The meeting was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the pledge of allegiance. Present: Councilmen Jamee C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren M. Wasserman; Deputy City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; Community Services Director, Bill Holley. Approval of Minutes of June 17, 1981. Motion: Moved by Mikels, seconded by Palombo to approve the m/nutes of 3une 17, 1981. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS. a. Mayor Schlosser announced that the meeting would be adjourning to a legal session regarding pending litigation. 3. CONSENT CALENDAR. a. Approval of Warrants - Register No. 81-7-15 for $306,800.27. b. Alcoholic Beverage License for Charles L. and Margaret A. Leyerly, 10277 Foothill Blvd. (Center & Foothill) for off-sale general license. c. Forward Claim by Mike Munoz to the City Attorney for handling. (2 d. Amendment to Resolution No. 81-97/Salary Resolution. (3 Staff would recommend deletion of Section I. Philosophy of Compensation from Resolution 81-79 adopted at the City Council budget meeting of June 22, 1981. The same philosophy of compensation is contained in the city's Personnel Rules and Regulations, and therefore, it is not necessary to be a part of the Salary Resolution for FY 1981-82. e. Acceptance of Map, Security, and Agreement for Parcel Map 6228 - Lamb: located (4 on the north side of La Vine Street between Hellman and Amethyst Avenues. RESOLUTION NO. 81-108 (5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6228, (TENTATIVE PARCEL MAP NO. 6228), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. City Council Minutes July 14, 1981 Page 2 (6) f. Acceptance of Map, Bonds, and agreement for Parcel Map 6725 - Daon/Barton: Located at the southeast corner of Haven Avenue and Foothill Boulevard. (7) RESOLUTION NO. 81-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6725, (TENTATIVE PARCEL MAP NO. 6725), IMPROV~ENT AGREEMENT, AND IMPROVEMENT SECURITY. (8) g. Acceptance of Improvement Extension Agreement - Tract 9539 located on the west side of Sapphire between Banyan and Hillside. Developer: Brubaker, Davis, Person. RESOLUTION NO. 81-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 9539. (9) h. Authorization to Seek Bids for the Carnelian Street Realignment. (10) i. Release of bonds for tract 9590: located on the east side of Archibald, north of Hillside. Owner: Terrax Corp. Faithful Performance Bond (landscaping) $29,400 Motion: Moved by Palombo, seconded by Frost to approve the Consent Calendar as presented. Motion carried unanimously 5-0. 4. PUBLIC HEARINGS (11) 4A. AN ORDINANCE ESTABLISHING MEET-AND-CONFER PROCEDURES/MOBILE HOME PARKS. Staff report by Jim Robinson. City Clerk Wasserman read title of Ordinance No. 148. ORDINANCE NO. 148 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.10 TO TITLE 8 OF THE RANCHO CUCAMONGAMUNICIPAL CODE TO PROVIDE FOR A MOBILE HOME PARK RENT MEDIATION PROCESS. Motion: Moved by Mikels, seconded by Bridge to waive further reading. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. Addressing Council were: Stephen White, attorney representing the park tenants. Mr. White had a list of comments and questions by the tenants which he presented. 1. Section 8.10.030, item J. He asked what the extent or limit was of that inquiry? Would this include the owners records and documents to see if the increase was really justified? Council concurred with a suggestion by Councilman Mikels that the owner provide the petitioners with information identified in "A" through "F". Such changes were made in the Ordinance by the City Attorney. City Council Minutes July 14, 1981 Page 3 2. Section 8.10.050, section C. He said this doesn't limit the number of increases which could be imposed. He said with this language, it would be possible for a park owner to make 50% of the increases ten times a year. Council discussed this section in length. Mr. Dougherty told Council that if there were a language change, then this would require a new reading of the ordinance. Mr. Dougherty drafted the following language change: "The proposed rent increase when added to all rent increases which were effective during the 12 months immediately proceeding the effective date of the proposed rent increase computes to be a sum greater than seventy-five (75%) of the percentage by which the Los Angeles-Long Beach-Anaheim Area Consumer Price Index for Urban Wage Earners and Clerical Workers, as reported by the United States Bureau of Labor Statistics, has increased in the twelve (12) months immediately preceding the date of the most recently published CPI information." 3. Section 8.10.060. He asked if it had been discussed to have a moderator present? He felt that it might be advisable to have a facilitator present. The City Attorney explained that it was not the intent to require this at this stage, but that this does not preclude a moderator being present. The City Attorney said that some parks are owned by a corporation, and obviously they would appoint someone to represent the corporation. There was nothing to preclude the tenants committee from having an advisor present. He said the spirit of this was for an owner and tenant to meet person to person. Councilman Frost suggested that section 8.10.020 could be changed to reflect "a committee representing the tenants." The City Attorney concurred with the suggestion by CoUncilman Frost that section 8.10.020 should read "a com~ittee representing the tenants." 4. Section 8.10.110, section A. Mr. White asked if this petition would be dismissed with prejudice? The City Attorney stated that if a meeting is not attended without a cause, then the petition would be dismissed. The intent was to be with prejudice. Also addressing Council were: Jack Emmerson, resident of Chapparrel Heights. He had questions regarding the number of increases an owner could impose. Councilman Mikels explained there could be several as long as they did not exceed 75% of the CPI. Harry Pate, Alta Laguna resident. There being no further comments, Mayor Schlosser closed the public hearing. The City Attorney reviewed the changes which the Council had made. City Clerk Wasserman read the title of Ordinance No. 148 again for first reading to include the changes. Motion: Moved by Palombo, seconded by Frost to waive further reading. Motion carried unanimously 5-0. Mayor Schlosser set August 5 for second reading to include the Resolution and Agreement at the August 5 meeting. Mayor Schlosser called a recess at 8:20 p.m. The meeting reconvened at 8:35 p.m. with all members of Council and staff present. City Council Minutes July 14, 1981 Page 4 (12) 4B. ENVIRON~tENTAL ASSESSMENT ANDPLANNED DEVELOPMENT NO. 80-13: DIVERSIFIED INVESTMENT. A change of zone from R-3 (~ltiple family residential) to R-3- P.D. (multiple family/planned development) for 11.5 acres of land located on the east side of Archibald Avenue, north of Base Line Road for the develop- ment of 240 condominiums - APN 202-181-12 and 21 (portion). Staff report by Jack Lam. City Clerk Wasserman read the title of Ordinance No. 151. ORDINANCE NO. 151 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-181-12, 21 (PORTION) GENERALLY LOCATED ON THE NORTHEAST CORNER OF ARCHIBALD AND BASE LINE, FROM R-3 (MULTI-FAMILY) TO R-3-P.D. (MULTX-FAMXLY/PLANNED DEVELOPMENT). Motion: Moved by Palombo, seconded by Bridge to waive further reading of Ordinance No. 151. Motion carried unanimously 5-0. Mayor Schlosser opened the mmeting for public hearing. Addressing Council was: Jack Tart, representing Diversified, requested Council to concur with the staff recommendations and approve the rezontng. There being no further public response, Mayor Schlosser closed the public hearing. Motion: Moved by Palombo, seconded by Bridge to approve the rezoning request and Ordinance No. 151. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. (13) 4C. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80-12: (TT 11663): MARLBOROUGH DEVELOPMENT CORPORATION. A request for change of zone from R-2 (two family residential) to R-2-P.D. (two family residential/planned development) for a total development of 413 townhouses on 40 acres located on the east side of Archibald, on the south side of Church west side of Ramona - APN 1077-341-01, 1077-133-08, and 1077-631-03. Jack Lam presented the staff report. Mr. Paul Byrnes, representing Marlborough, was present and answered questions by Council. City Clerk Wasserman read the title of Ordinance No. 153. ORDINANCE NO. 153 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 1077-341-01, 1077-133-08, AND 1077-631- 03 GENERALLY LOCATED ON THE EAST SIDE OF ARCHIBALD SOUTH SIDE OF CHURCH, AND ON THE WEST SIDE OF RAMONA CONSISTING OF APPROXIMATELY 40 ACRES, FROM R-2 TO R-2-P.D. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 153. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. Addressing Council were: City Council Minutes July 14, 1981 Page 5 Frederick Stuart questioned where the children from this development would be going to school. John Klempner asked where the transition zone was from the R-1 to the R-2-PD. Max Hackett who lived on the corner of Ramona and Stafford. He said he had he had attended the Planning Commission meetings when they addressed the same issues of density and traffic flow. He also stated that neither he nor many of his neighbors had received a notice of tonight's meeting. As far as they were concerned, the issue had not been resolved by the Planning Con~nission to their satisfaction. John Klempner said they would be willing to give up the park which the developer was providing land for Just to see that this development of 10 to an acre would not be built. Paul Byrnes said this area was designated medium density 5-15 per acre. As far as the traffic issue, he felt the Planning Co~ission had adequately discussed this. Mr. Hackett said they had asked if this would not require a traffic signal, but they had never received an answer. Peggy Dablia said she was very concerned about the traffic. Betty Core expressed concsrn over the traffic and density. There being no further response from the public, Mayor Schlosser closed the public hearing. Mayor Schlosser recommended that the residents talk with the developer before the second reading. Councilman Mikels suggested that enough time be set before the~second reading so that adequate input could be received from all the neighbors and friends. Motion: Moved by Palombo, seconded by Bridge to set second reading for August 19. Motion carried unanimously 5-0. 5. CITY MANAGER'S STAFF REPORTS. 5A. A REQUEST BY SOUTHERN CALIFORNIA EDISON TO BUILD A DOUBLE-CIRCUIT 220 KV (14) TRANSMISSION LINE IN THE EXISTING RIGHT-OF-WAY BETWEEN ETIWANDA GENERATING STATION AND PADUA SUBSTATION. Mr. Wasserman requested that this item be set for August 5 meeting since it would be appropriate for a representative from Edison Company to be present to give this report. Council concurred. 5B. CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO ADVISORY COMMITTEE FOR THE (15) ETIWANDA SPECIFIC PLAN. Staff report by Lauren Wasserman. The following persons had shown an interest in serving on the Advisory Committee: Mr. Ray Trujillo Mr. Jay Vickers Mr. Neil Westlotorn Mr. John Scherb Mr. James Thompson Mrs. Betty McNay Mr. Jim Banks Mr. Ralph Lewis Mr. John P. Vlasic Mr. Andrew Barmaktan Mr. Ron Tannenbaum Mrs. Agatha Kleinman Mr. Gary Frye Mr. David P. Flocker Mr. Joe DiIorio Mr. David Swaithes City Council Minutes July 14, 1981 Page 6 After voting by secret ballot, Council named the following seven persons as members for the Etiwanda Specific Plan Advisory Committee: Mr. Ray Trijillo Mrs. Betty McNay Mr. Nell Westlotorn Mr. Gary Frye Mr. Jim Banks Peter Tolstoy would be the Planning Co~ission Mr. John P. Blasic representative Mr. Jay Vickers James Frost, the Council representative and Chairman of the Co~ittee Motion: Moved by Bridge, seconded by Palombo to accept these names and to direct staff to notify them by letter over the mayor's signature. Motion carried unanimously. Councilman Frost suggested that a letter be sent to those who did not make the Comittee thanking them for showing an interest. (16) 5C. ADDED ITEM: RECOMMENDATION OF REDEVELOPMENT SURVEY AREA. (Item had appeared on the Redevelopment Agency Agenda, but it was necessary that the Council make the survey area designation.) Manny DiDios, Consultant, presented the report and answered Council's questions. Motion: Moved by Mikels, seconded by Palombo to approve the survey area as designated, approve Resolution No. 81-112, and to waive the entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 81-112. RESOLUTION NO. 81-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES. 6. CITY ATTORNEY'S REPORTS.- Mr. Dougherty said there was a need to adjourn to a legal session following the : meeting. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Frost to adjourn to a legal session not to reconvene this evening following the Redevelopment Agency business. Motion carried unanimously. The meeting adjourned at 1:25 p.m. to the next regularly scheduled meeting on August 5, 1981. Respectfully submitted, i/ Beverly Authelet Deputy City Clerk