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HomeMy WebLinkAbout1980/08/20 - Minutes August 20, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINTUES Regular Meeting 1. CALL TO ORDER. The regular meeting of the City Council was held in the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, August 20, 1980. The meeting was called to order at 7:00 p.m. by Mayor Phillip D. Schlosser who led in the pledge to the flag. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: Assistant City M. anager, Jim Robinson; City Attorney, Sam Crowe; Senior Civil Engineer, Paul Rougeau; Community Development Director, Jack Lam; Finance Director, Harry Empey. Absent: City Manager, Lauren Wasserman; City Engineer, Lloyd Hubbs. Approval of Minutes: Motion: Moved by Frost, seconded by Palombo to approve the Minutes of August 6, 1980. Motion carried 5-0. 2. ANNOUNCEMENTS. a. Mayor Schlosser announced the resignation of Evan McCall from the Advisory Commission. Council set September 17 to consider someone to fill this vacancy.. Councilman Frost suggested that perhaps we could post the announcement in several public places for a broader public exposure. b. Jim Robinson requested that an additional item be added to the agenda, the Terra Vista Project. Council concurred and made it item 5F under staff reports. c. Mayor requested that item 5D be placed before item 5A since there were so many people present who were interested in the proposed Law and Justice Center. d. Bruce Chitiea would be making a report on the Demens Channel bridge crossing as item 5G. 3. CONSENT CALENDAR. a. Approval of Warrants - Register No. 80-8-20 for $729,604.72. b. Refer claim by Bonnie Luce Andrews, Kevin Luce, and Kerry Luce in the amount of (1 $375,000 for each claimant to the City Attorney for handling. c. Refer claim by Connie E. Perez and Rauline T. Perez in the amount of approximately (2) $40,000 to the City Attorney for handling. d. Release of T.O.P. Bond to Apple Builders, Inc. on tract 9591 in the amount of (3) $2,500 for the purpose of garage conversion and subdivision sign. e. Release of the following bonds: (4) ~ee~-888~--~eee~ed-~-~he-ees~-em~-~e~h-s~es-e~-Re~-~-~e~y-~-B~¥e. Owme~*--He~n~shT-Me~en-amd-~e,sey. (Item removed for discussion). City Council Minutes August 20, 1980 Page 2 Tract 9265: located on the south side of 19th Street and east of Carnelian. Owner: Griffin Development Co. Faithful Performance Bond (road) $ 92,000 Tract 9446: located on the south side of 9th Street, west of Baker Avenue north of the A.T. and S.F. Railroad. Owner: Kingsway Construction Company. Faithful Performance Bond (wall) $ 7~700 Tract 9002: located on the west side of Sapphire at Pumalo Street. Owner: San Miguel Land Company. Labor & Material Bond (sewer) $ 33,000 Labor & Material Bond (water) 21,500 Labor & Material Bond (road) 55~000 Tract 9121: located on the woughwest corner of 19th Street and Haven Avenue, Owner: Lewis Homes of California. Labor & Material Bond (road) $ 70,000 Labor & Material Bond (water) 21,500 Labor & Material Bond (sewer) 12~500 Tract 9135: located on the southeast corner of Banyan Street and Hellman Avenue. Owner: Regency Estates. Labor & Material Bond (sewer) $ 15~000 Labor & Material Bond (water) 13,500 Labor & Material Bond (road) 34~000 Tract 9136: located north of Apricot Avenue and east of Kirkwood Avenue. Owner: Regency Estates. Labor & Material Bond (sewer) $ 11~000 Labor & Material Bond (water) 14~500 Labor & Material Bond (road) 32,000 Tract 9189: located on the east side of Sapphire Street at Jennet Street and Thoroughbred Street. Owner: MarR III Homes, Inc. Labor & Material Bond (sewer] $ 31~00Q Labor & Material Bond (water) 34,500 Labor & Material Bond (road) 77,000 Tract 9194: located at the northwest corner of Arrow Route and Turner Avenue. Owner: Arnold D. Anderson. Labor & Material Bond (road) $ 15,000 Tract 9223: located on th~ northwest corner of Banyan Street and Sapphire Street. Owner: Mark III Homes, Inc. Labor & Material Bond (sewer) $ 25~500 Labor & Material Bond (water) 25,500 Labor & Material Bond (road) 59,000 City Council Minutes August 20, 1980 Page 3 Tract 9256: located on the northeast corner of Hillside Road and Beryl Street. Owner: R. L. Sievers and Sons, Inc. Labor & Material Bond (water) $ 29,000 Labor & Material Bond (road) 45,000 f. Award of bid for Industrial Tractor: It is recommended that Turner, Inc., 5072 (5 Mission Blvd, Ontario, be awarded the bid at $27,341.96. gv--~greemen~-~r-M~n~emsn~-~-$~e-H~ghw~y~-~n-~he-~y, (Item removed from the (6] Consent Calendar for discussion). (71 h~--~pr~vm~-~-Re~s~-~-~a~e$-~-~a~e-~§~-M~e~a~ee~--~-~-~ee~mme~e~ (8] yem~-~8~-~-~-$~gmm~-Mm~meemmmeev-~mev (Item removed for discussion). j. Acceptance of Maintenance Bend for Tract Map No. 9440 and Tract No. 9434: Owner: (91 Chevron Land & Development Co. Maintenance Guarantee Bond (9434) $ 6,400.00 Maintenance Guarantee Bond (9440) 6,402.48 Motion: Moved by Palombo, seconded by Frost to approve the Consent Calendar with the deletion of items e, g, and h. Motion carried 5-0. DISCUSSION OF CONSENT CALENDAR ITEMS. Item e: Tract 8884: Mayor Schlosser had requested the item be removed since there were some drainage problems. He said staff was aware of the problems and was looking into the matter. Council concurred that this item should be brought back for approval after the problems had been corrected. Item g: Agreement for Maintenance of State Highways in the City: It is recommended that Council approve the agreement to allow the City to obtain reimbursement for street sweeping and weed abatement performed by the City on Foothill Boulevard and Haven Avenue. RESOLUTION NO. 80-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AMENDMENT BY CITY OFFICIALS OF SECTION I AND J OF AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS WITHIN THE CITY OF RANCHO CUCAMONGA. RESOLUTION NO. 80-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF RANCHO CUCAMONGA. Councilman Mikels had requested the item be removed. He asked which account would be used for the reimbursement~and how long would it take? He expressed that this should come before Council for approval at that time. Paul Rougeau said this would probably come to Council through the budget process. Sam Crowe pointed out that, as with any change in an agreement, before any expenditure of funds is made, Council has to be notified and approval given. No Action was taken by Council. City Council Minutes August 20, 1980 Page 4 Item h: Councilman Mikels requested the item to be removed. He wanted to know when the last increase had been granted. Mr. Rougeau said it was a year ago. Mikels stated that he did not feel the amount was out of line; he simply wanted to know how long ago the last increase had been granted. Motion: Moved by Mikels, seconded by Palombo to approve the rate increase of 10 and 12 percent for traffic signal maintenance for the Fiscal Year 1980-81. Motion carried 5-0. 4. PUBLIC HEARINGS. (iO)~A. REFUSE CONTRACT AND ORDINANCE. A contract and ordinance for the purposes of award- ing a franchise for refuse service in the City of Rancho Cucamonga. Deputy City Clerk Authelet read title of Ordinance No. 117 for second reading. ORDINANCE NO. 117 AN ORDINANCE OF THE CITY COUNCIL OF ~HE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE CONTROL, COLLECTION AND DISPOSAL OF REFUSE. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mikels questioned Section 3 of the ordinance. He said that the owner of the property probably would not know of the default in payment until he was sued. Sam Crowe said this was so. He presented some of the legal problems and said that this was the easiest way to handle this problem. Mikels also questioned Section 5. He said the Council had changed the word month to week at the last meeting and was so reflected in the minutes. Mikels also questioned Article II, Section 6 of the franchise. In paragraph two he wanted added the words "of one year." Council discussed this for some time. There was some confusion regarding the five year period. Mr. Crowe explained that there would always be a five year agreement for amoritizing purposes. Council concurred in not adding the additional wording, "of one year" at the end of paragraph two. Frost pointed out that there was a typing error in Section 4 of the ordinance. The word "change" should be "charge." There being no further discussion, Mayor closed the public hearing. Motion: Moved by Palombo, seconded by Bridge to adopt Ordinance No. 117. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. (ll,B. GRADING REVIEW ORDINANCE. This is the first part of a three part program for the development of grading control. The ordinance sets forth policy and guidelines for review of grading plans, creates a staff Grading Committee, and provides for establishment of grading standards. Deputy City Clerk Authelet read title of Ordinance No. 118 for second reading. ORDINANCE NO. 118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE DEVELOPMENT OF GRADING STANDARDS AND ESTABLISHING POLICIES FOR REVIEW OF GRADING PLANS. City Council Minutes August 20, 1980 Page 5 Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Jerry Grant, Building Official, answered questions raised by Council. Motion: Moved by Bridge, seconded by Palombo to adopt Ordinance No. 118. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. 4C. REVISION TO THE STORM DRAIN FEE ORDINANCE. The ordinance will remove the (121 one acre minimum drainage fee on parcels under one acre in size. Deputy City Clerk Authelet read the title of Ordinance No. 75-A for second reading. ORDINANCE NO. 75-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 4(c)(1) OF ORDINANCE NO. 75. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Frost, seconded by Mikels to adopt Ordinance No. 75-A. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. Councilman Frost pointed out that there was a typo on Section 1-c of the ordinance. Council had determined at the last meeting to omit the words, "the greater of" at the end of section (c). 4D. ZONING ORDINANCE AMENDMENT NO. 80-01 AND ENVIRONMENTAL ASSESSMENT FOR A CONDO- (13] MINIUM CONVERSION ORDINANCE. The purpose of the ordinance is to regulate the con- version of apartments into ownership housing. Deputy City Clerk read the title of Ordinance No. 119 for first reading. ORDINANCE NO. 119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONCOMINIUMS. Motion: Moved by Frost, seconded by Bridge to waive further reading. Motion carried 5-0. Mayor Schlosser opened the~meeting for public hearing. Addressing Council was: Sherry Guerra stated he was against this ordinance. There being no further comments, the public hearing was closed. Palombo stated that he was opposed to the ordinance. Mikels stated he felt Sections 3 and 4 regarding relocation of residents was an important issue especially for senior citizens. Council continued the discussion. Mr. Ralph Lewis, Lewis Homes, stated that the division of Real Estate regulated condominium conversions very carefully. Ail information must be turned into the Division of Real Estate before any unit could be sold. City Council Minutes August 20, 1980 Page 6 Councilman Mikels stated he had several other questions, but perhaps he could meet with the staff during the week to get the answers. Council discussed when to have the next reading. Councilman Mikels wanted to table the ordinance. After some discussion, Council concurred to set the second reading for the September 17 meeting. (14)5. CITY MANAGER'S STAFF REPORTS. (Council had previously agreed to take item 5D first). 5D. PROPOSED LAW AND JUSTICE CENTER. An oral report was given by Jim Robinson giving Council an update on the proposed law and justice center. Mayor Schlosser said he had received a letter from Don Hardy, President of the Chamber of Commerce. Mayor Schlosser opened the meeting to the audience. Pete Amodt, 7164 Summit Street, Cucamonga. He said he had lived in Rancho Cucamonga for 26 years and was against having the law center at that location. He was not against having parks, but felt we should have more. John Michaelson, 13561 5th Street, Yucaipa. An employee of San Bernardino County. Mayor Schlosser called a recess before Mr. Michaelson went into his presentation. Recess was called at 8:15 p.m. and reconvened at 8:25 p.m. with all members of Council and staff present. John Michaelson said he had been appointed project coordinator for this project. He presented an overview of the project and answered some of Council's questions. Mayor Schlosser asked for those who wished to speak in favor of the project to do so. There was no response. Mayor Schlosser asked for those who wished to speak in opposition to the project. Those addressing Council were: Bob Frost, Alta Loma School District Board of Trustee member. Jeff Sceranka, Lucas Land Dr. Norman Guith, Superintendent of the Central School District. Katherine Bridge. Richard Garner, Judge for the Superior Court, Upland, arrived late. He spoke in favor of a court facility locating near a park site. Councilman Bridge said the only opposition he had to the court's location was that the proposed facility utilized park space and people were concerned about the need for park land. Motion: Moved by Palombo, seconded by Bridge to direct staff to draft a Resolution in opposition to the proposed justice center until the completion of the proposal is developed. The motion carried by the following vote: AYES: Frost, Palombo, Bridge, Schlosser. NOES: None. ABSTAINING: Mikels (since he worked for the court). Ralph Lewis asked Council if they could obtain some direction from the city as to whether the new civic center would be on Terra Vista property. City Council Minutes August 20, 1980 Page 7 5A. A COMPLAINT REGARDING VISUAL ENTRIPRISES CABLE T.V. The City received a complaint(If from Mr. and Mrs. Ralph Hogoboom regarding service provided by Visual Enterprises Cable T.V. They requested to address Council regarding this matter. Ralph Hogoboom, 6439 Vineyard Avenue, Alta Loma, made the presentation. Also speaking were: Julia White and Ann Ricke. Ruth Sutton from Jim Lloyd's Ontario o~fice, said that if the city would write a cover letter to the letters which the Hogobooms had, she would see they were forwarded to Jim Lloyd. Each company had to come before a special hearing board every year in order to have their license renewed. Jim Lloyd had a special liaison for such things as this who could investigate this and be present at the hearings. Mr. Empey suggested that the city proceed with the franchising of the cable T.V. companies so that the city could have control of such problems. Council concurred and directed staff to prepare the necessary letter for Jim Lloyd's office. Mayor Schlosser called a recess at 10:10 p.m. The meeting reconvened at 10:15 p.m. with all members of the Council and staff present. 5B. SISTER CITY INVOLVEMENT. Jim Robinson made a presentation to the Council. (1~ Mr. Bob Sutton gave a brief summary of a meeting which he had just attended in San Diego regarding the Sister City programs. Motion: Moved by Bridge, s~conded by Palombo to direct staff to prepare a Resolution to join in a sister city relationship with the city of Hamilton, New Zealand. Motion carried 5-0. 5C. FINANCIAL TASK FORCE. Staff report was presented by Jack Lam. (17 Motion: Moved by Bridge, seconded by Mikels to call a work session of the Planning Commission and Council to set up some of the specifics, goals, members of the Task Force. Council to have the authority to appoint all members. Motion carried 5-0. Ken Willis said that this should proceed at once and not wait any longer. Council set September 13 at 8:30 a.m. for the first meeting. Place to be announced later. 5E. AN ORDINANCE AND RESOLUTION REGARDING THE EMPLOYER-PAID P.E.R.S. Harry Empey (1~ made the staff presentation. Motion: Moved by Frost, seconded by Schlosser to adopt Resolution No. 80-81. Motion carried by the following vote: AYES: Frost, Bridge, Schlosser. NOES: None. ABSTAINING: Mikels and Palombo. Deputy City Clerk Authelet read the title of Resolution No. 80-81. RESOLUTION NO. 80-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. City Council Minutes August 20, 1980 Page 8 (19) 5F. AN ADDED ITEM: TERRA VISTA PRESENTATION. Jack Lam presented the staff report Lewis Homes, Inc. wanted permission from Council to submit tract maps and site plans during the month of August for a portion of the Terra Vista property. They stated that they needed to proceed since holding unto undeveloped land was very expensive. Speaking for Lewis Homes were: Kay Matlock, Project Manager Ralph Lewis Council concurred that Lewis Homes could proceed with filings for the triangular parcel of land of approximately 100 acres bounded by Haven on the west, Deer Creek on the east, and the Southern Pacific railroad tracks on the north, with Ba~_ Line through the center. 5G. ADDED ITEM: DEMENS CHANNEL REPORT BY BRUCE CHITIEA. An oral report was made by Bruce Chitiea as to the costs of constructing a bridge across the Demens Channel for pedestrians and to be used also as an equestrian and bike trail. This would be built so people would not have to go to either Sapphire or Carnelian Streets which are dangerous. The purpose would be especially for the school children crossing to go to the Floyd Stork School. Council received the report with thanks to Mr. Chitiea and with directions to staff to into the liability problem and how the schools were able to leave openings in their fence. 6. CITY ATTORNEY'S REPORTS. There were none. 7. ADJOURINMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn. The meeting adjourned at 12 midnight. Respectfully submitted, Beverly Authelet Deputy City Clerk