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HomeMy WebLinkAbout1980/03/05 - Minutes March 5, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Resular Meetin~ ~. 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, March 5, 1980. The meeting was called to order at 7:10 p.m. by Mayor James C. Frost who led in the pledge to the flag. Present: Councilmen Phillip Schlosser, Jon Mikels, Michael Palombo, Arthur Bridge, and Mayor James C. Frost. Also present were: City Manager, Lauren Wasserman; Assistant City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs. Absent: Community Services Director, Bill Holley; and Harry Empey, Finance Director. Approval of Minutes: Motion: Moved by Palombo, seconded by Schlosser to approve the minutes of February 19, 1980 and February 20, 1980. Motion carried 5-0. 2. ANNOUNCEMENTS. a. General Plan meeting, March 11, 7:00 p.m. at the Neighborhood Facility at 9171 Arrow Route, Rancho Cucamonga. b. Mikels announced he had been attending the SCAG General Assembly meetings. It had been announced at these meetings that the new site for the next regional airport had been selected which was to be in the Long Beach harbor. Financing for this project was now being studied. Mikels also announced that SB-84 is a Bill that would implement motor vehicle in- spection programs. Included in the Bill was a measure that would reduce the emission standards in California and make them the sams as the federal standards. c. Mayor presented a proclamation to Chuck Buquet who was representing the March of Dimes declaring March 23 as March of Dimes Walk-a-thon Day. d. Staff requested that Consent Calendar item "J" be removed for discussion. Staff also requested an item be added to the City Manager's staff reports. New item 6F, Report on alternatives for providing storm drain facilities in the City. 3. COMMISSION REPORTS. 3A. Advisory Commission - none 3B. Historical Commission - none 4. CONSENT CALENDAR. a. Approval of Warrants: Register No. 80-3-5 for $318,053.92. b. Approval of Alcoholic Beverage License for Son O. Reid and Franklin H. Yun, (1) The Tempura Parlor/Suny's Fish & Chips, 9730 19th Street -- on-sale beer. c. Tract 9525: Release of bond. Located 250 feet north of Arrow Route and 300 (2) feet west of Turner. Owner: Arnold D. Anderson Landscaping bond $38,300.00 City Council Minutes March 5, 1980 Page 2 (3) d. Set public hearing on March 19, 1980 for Pluess-Staufer appeal in regard to Director Review No. 79-32. (4) e. Tract 9325: Release of T.O.P. bond to Hughes Development Corporation. Purpose: Conversion of sales office to garage at 8545 Hawthorne St. (5) f. Approval of improvement security for St. Peter and St. Paul Catholic Church. Performance bond (surety) $ 34,600 Labor & Material (surety) $ 34,600 Recommendation: It is recommended that the City Council approve Resolution No. 80-18 and direct the Mayor and City Clerk to sign the agreement on behalf of the City. RESOLUTION NO. 80-18 A RESOLUTION OF THE CITY COUNCIL OF TME CITY OF RANCHO CUCAMONGA, CALIFOP. NIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR SITE APPROVAL NO. W91-55 (ST. PETER AND ST. PAUL CATMOLIC CHURCH). (6) g. Parcel Map 5545: Acceptance of Map, Agreement, and Bonds. Consists of 3 (7) parcels on 4 acres of land located on the north side of Base Line west of Archi- bald Avenue. This site is zoned and general planned for commercial development. Developer: Lewis Properties Performance bond (cash) $ 20,000 Labor &Material bond (cash) $ 20,000 P. aco~endation: It is recommended that the City Council approve Resolution No. 80-19 and direct: The Mayor and City Clerk to sign the agreement on behalf of the City. The City Clerk and City Engineer sign the map on behalf of the City. The City Engineer forward the map for recording. RESOLUTION NO. 80-19 A RESOLUTION OF TME CITY COUNCIL OF THE CITY OF RANCItO CUCAMONGA, CALIFORNIA, APPROVING PARCAL MAP NUMBER 5545, (TENTATIVE PARCEL HAP 5545), IMPROVEM~NT AGREEMENT, AND IMPROVEMENT SECURITY. (8) h. Parcel Map 5760: Acceptance of Map, Agreement, and Bonds. Consists of 7 (9) parcels on 64 acres of land located on the northeast corner of Milliken and 6th Street. Site is zoned and general planned for industrial development. The development is being phased and the first phase consists of two buildings. Developer: O'Donnell, Brigham and Partners. Performance Bond (surety) $446,500. Labor & Material Bond (surety) $446,500 Monumentation $ 1,550 Recommendation: It is recommended that the City Council approve Resolution No. 80-20 and direct: The Mayor and City Clerk to sign the agreement on behalf of the City. The City Clerk and City Engineer sign the map on behalf of the City. The City Engineer forward the map for recording. City Council Minutes March 5, 1980 Page 3 RESOLUTION NO. 80-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5760, (TENTATIVE PARCEL MAP NO. 5760) IMPROV~ENT AGREEMENT, AND IMPROVEMENT SECURITY. i. Installation of Security Alarm System in City facilities (City Offices, Lion's (10~ Park Community Center, and the Rancho Cucamonga Neighborhood Center). Recommendation: It is recommended that authorization be given to the Community Services Department to negotiate with various vendors to determine the level of service required and to award contract for the purchase and installation of equip- ment in the City Offices, Lion's Park Community Center, and the Neighborhood Center. Amount not to exceed $4500 from the contingency fund. ~v--App~vsi--e~-ehe-~e~ey-Ms~mee~mee-Ag~eeme~. Item removed from Consent Calendar. k. Agreement for Engineering Services on Church Street and Highland Avenue. The contract is for engineering services relating to the resurfacing, reconstruc- tion, and minor widening of Church Street from Archibald to Hermosa and Mighland Avenue from Hermosa to Haven. Recommendation: It is recommended that the City Council approve the agreement for the Engineering Services by Linville-Sanderson-Horn and Associates; and authorize the Mayor and City Clerk to sign the agreement. Motion: Moved by Mtkels, seconded by Palombo to approve the Consent Calendar with the deletion of item "j". Motion carried 5-0. Item "J": Approval of the County Maintenance Agreement. Recommendation: It is recommended that the City Council approve the extension of the County Road Maintenance Agreement from July 1, 1980 to July 30, 1980. This 30-day extension will allow the city time to "gear-up" to assume this function. Mr. Hubbs stated that the reason staff had requested the item to be removed from the Consent Calendar was there were some corrections which needed to be made in the contract. The body of the contract should be as follows: "If, at the termination of the agreement, COUNTY has on hand any unexpended CITY funds which is in excess of any obligation of CITY to COUNTY for the performance of such functions by said Read Commissioner, any such excess shall thereupon be paid to CITY by COUNTY. This contract shall have an effective date of July 1, 1979, and unless (11) sooner terminated as provided for herein, this agreement shall run for a period ending July 30, 1980." Motion: Moved by Palombo, seconded by Schlosser to approve the County Maintenance contract as corrected. Motion carried 5-0. 5. PUBLIC HEARINGS. SA. Reversion to Acreage of Tract Nos. 9399 and 9400. Located north side of Banyan, (12) west of Beryl. Staff report by Jack Lam. Staff had been directed td set the public hearing at the February 20 City Council meeting for March 5, 1980 to consider the reversion to acreage of Tract 9399 and 9400. Mr. Lam stated these two tracts were approved by the County of San Bernardino on September 19, 1977. Improvement agreements were signed on August 22, 1977. Agreements must be filed two years from the date of approval, or September 19, 1979. Requirements for the agreements is that improvements for the two tracts must be completed two years from the date of approval of the tract, or September 19, 1979. Mr. Lam then handed the signed agreements to the City Clerk to be recorded in the offical record. Lloyd Hubbs, City Engineer, reported for the record that no improvements had been made on these two tracts and that the dedications were not needed for public City Council Minutes March 5, 1980 Page 4 purposes at this time. The City Attorney asked Mr. Hubbs if he anticipated that the dedications might be needed for prospective public purposes. Mr. Hubbs said no. The City Attorney presented copies of the recorded tract maps to the City Clerk which showed they were filed for record on September 22, 1977. Mr. Dougherty, City Attorney, stated that under the findings, number "b", the word parcel map should be deleted since these were both final maps. The mayor opened the meeting to those who were directly involved with the tracts. There was no response. Mayor then asked if there was anyone who would like to speak. Lynn McNamara, representing both the land owner and the developer, came forth to address the Council. Her question to Council was what was wrong with the design? She then went on to defend the position that the design was compatible with the other tracts already developed in the area. She read a petition supporting the development of the new tracts which had been signed by those living in the area. Ms. McNamara pointed out that the Council could extend the deadline. She said several were given time extensions on their bonds at the last meeting. Schlosser asked staff if other developers had been given special favor? Mr. Lam stated this was the only one in default and had been so since August 1979. In this case it would require Council to accept new bonds for those in default. Ail the other cases had been simply time extensions on bonds not yet in default. Mr. Dougherty said that although a letter had been written by staff dated December 18, 1979, Council could have taken action to revert to acreage anytime after the 22nd of September 1979. The mayor closed the public hearing. Motion: Moved by Schlosser, seconded by Palombo to revert to acreage Tract Nos. 9399 and 9400 and to establish the following findings: a. That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or pro- spective public purposes, amd b. That norm of the improvements required to be made have been made with- in two years from the date the final map was filed for record, or within the time allowed by agreement for completion of the improve- ments, whichever is the latter. And Council directed staff to: 1. To have the Parcel Map prepared for reversion to acreage of Tracts 9399 and 9400. 2. Approve expenditure of all unused portions of fees up to an amount not to exceed $1800 for the purposes of reversion. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Frost. NOES: None. ABSENT: None. ABSTAINED: Bridge. Bridge said this was due to the fact that there was an interest on his part on the property. He said he did not think his interest was abnormal since he was interested and very concerned with the entire community. City Council Minutes March 5, 1980 Page 5 5B. General Plan Amendment 80-0lA - Lewis Development Company. A request to de- (13) signate the southeast corner of Haven and Base Line Road as Neighborhood Com- munity from the previously designated Alternative Land Use. Staff report by Jack Lam. Mayor opened the meeting for public hearing to those in favor of the project. Those speaking were: Jerry Bryan, Lewis Homes. He addressed some of the issues posed by the mayor that were of concern to local residents regarding storm drainage, refuse, traffic. Steve Redenour, Vice President of G.V. D Commerical Properties and a partner in this venture with Lewis Development. Speaking in opposition to the project were: Daniel Rosso, 10475 Pepper Street Ron Tannebaum, Etiwanda resident and member of the General Plan Advisory Committee Doug Todd, 7388 Sago Court Jim Herms, 7405 Sago Court Allan McLaughlin, 10470 Pepper Street Steve Stevens, 7361 Sago Court Charles Vollaro, 10415 Ironwood Street David Rerenden, 10476 Pepper Street Bruce Whisle~ 7431 Marine The publichearing was closed. Motion: Moved by Bridge, seconded by Palombo to deny General Plan 80-0lA by the Lewis Development Company at Base Line and Maven Avenue. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 5C. General Plan Amendment 80-01C - Daon/Barton. Jack Corrigan asked Council if (14) the next item could proceed. They were waiting for part of their displays to arrive from Orange County. Request was granted. Mayor called a recess at 8:45 p.m. The meeting reconvened at 9:05 p.m. with all members of the Council and staff present. 5D. General Plan Amendment 80-01C - City of Rancho Cucamon~a. A proposed amendment(15) to the interim land use element of the General Plan to relocate the neighborhood commercial asterisk presently located midway between Lemon and Highland Avenue, on the east side of Maven, to the intersection of Highland and Maven. Staff report by Jack Lam. The meeting was opened for public hearing. Dan Evans, T & S Development, requested a continuance in order to proceed with plans, meet with citizens, etc. He said this request was because of the feelings raised from the last item surrounding development of neighborhood shopping centers. He said their company would like to proceed with all of the backup work which normally proceeds a rezouing. The City Attorney said this needed researchipg to see if the matter could be comtinued. He had never heard of this being done. However, to be on the safe side, he said the Council could proceed with the hearing this evening or withdraw to the next General Plan hearing time. They were the applicant in this case. City Council Minutes March 5, 1980 Page 6 Mr. Vito DeVito Francesco, representing Jack Sylvester, a property owner at High- land and Haven, stated that should Council move the asterisk to the intersection of Highland and Haven, then he requested that the minutes reflect that the policy is that the Council will allow two centers per intersection and that the Doug Hone is not of the type of development to be considered as one of those two. Also, he requested that even though the asterisk is moved to Highland and Haven, it should be elastic enough to stretch up to Lemon and Haven. Mr. Evans said that realizing the feelings of the homeowners which had been expressed, he recommended a continuance to the next General Plan hearing. Motion: Moved by Mikels, seconded by Schlosser to withdraw General Plan Amend- ment 80-01C since the applicant was the City of Rancho Cucamonga. The public hearing was closed. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 5C. General Plan Amendment 80-O1B - Daon/Barton. A request for a change in the land use element of the General Plan from industrial land use classification to neighborhood community for the northeast corner of Haven and Arrow Route. Staff report by Jack Lam. Meeting was opened for public hearing by the Mayor. Gilbert Martinez, land planner, made a presentation using maps and sketches as to ways the property could be utilized. Speaking in favor of the project were: David Herenden and Jeff Scerenka The public hearing was Closed. Motion: Moved by Palombo, seconded by Schlosser to approve the General Plan Amendment 80-01B by Daon/Barton. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: Nome. (16) SE. A Resolution amendin~ the adopted interim land use element of the General Plan. Motion: Moved by Palombo, seconded by Palombo to approve Resolution No. 80-21 and waive the entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title read by Wasserman. RESOLUTION NO. 80-21 A RESOLUTION OF ~ CITY COUNCIL OF T~E CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING T~E ADOPTED INTERIM LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN. City Council Minutes March 5, 1980 Page 7 6. CITY MANAGER'S STAFF REPORTS. 6A. Carnelian Street Parkway Improvement Pro~ram. Staff report by Lloyd Hubbs. (11) Out of the six proposals which had been submitted, Genge Consultants had been selected by a staff committee for this project. Motion: Moved by Mikels, seconded by Palombo to approve the agreement with Genge Consultants for the parkway improvement program on Carnelian. Cost of Phase I to be approximately $7,500 to come from the beautification fund. Also, to authorize the Mayor and City Clerk to execute agreements ~n behalf of the City. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6B. Request for Proposals for Design of Carnelian Channel. Staff report by Lloyd (18) Hubbs. A request for authorization to seek proposals for the design of Carnelian Channel construction to the Demens Channel. Motion: Moved by Palombo, seconded by Mikels to direct staff to seek proposals for the design of the Carnelian Channel construction to be paid for through storm drain fees. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6C. Operation STOPP. Staff report by Capt. Tom Wickum. ([9) Capt. Wickum said on February 19 he had been notified that the application through the Office of Traffic Safety had tentatively been approved. The grant would be starting May 1 although we could begin recruiting and training of officers immediately. Capt. Wickum gaven an outline of the purpose of the program and highlighted how the grant would be utlized. Motion: Moved by Schlosser, seconded by Palombo to receive and file the report and to authorize'staff to execute a letter of intent and other documents as re- quired by the grant. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6D. Report re. Emergency Preparedness Plans. Staff report was to be given by Bill (20) Holley, Community Services Director. However, Mr. Holley was ill. Mr. Wasserman suggested this be referred to the next meeting. Council concurred. 6E. Recon~nendation by Staff for Reappropriation of Funds for prior year's (1978-79) (21) programs. Mr. Empey, Director of Finance was to give the report. However, he was on military leave. Mr. Wasserman made the presentation. He stated it was necessary to reappropriate monies for projects which had previously been deleted in the budget process or had expired when the fiscal year ended. As each item is brought up for funding, it will come to Council for final approval. Motion: Moved by Mikels, seconded by Schlosser to reappropriate funds from the 1979-80 budget for the following items: Approp. (reserve for C.B. Bldg. improvements) $192,000.00 Approp. (reserve for C.D. Dept. expense) 53,000.00 Approp. (reserve for Heritage Park acquisition payment) 86,000.00 Approp. (reserve General Plan elements - State mandate) 100,000.00 Approp. (reserve - City facilities fund - future land acquisition)300,O00.O0 Approp. (reserve-purchase 3 vehicles - pool car use) 19,500.00 Approp. (reserve-Finance/Planning Computer program) 48,000.00 Approp. (reserve-purchase misc. office equipment) 71,000.00 Approp. (reserve-purchase Sheriff Dept. Patrol vehicles) 90,600.00 Approp. (reserve-modify telephone system-City Hall) 7,500.00 Approp. (reserve-traffic circulation study-General Plan) 20,000.00 Approp. (reserve-traffic circulation plan-Industrial area) 15,000.00 Approp. (reserve-Specific Plan - 19th Street) 10,000.00 City Council Minutes March 5, 1980 Page 8 Approp. (reserve-aerial topo maps - Engineer) 25,000.00 Approp. (reserve-Specific Plan-Spec. Blvd. Study) 30,000.00 Approp. (reserve-parkway maintenance equipment) 24,500.00 Approp. (Libility and general ins. reserve fund) 50,000.00 Approp. (reserve-City Hall operational expenses) 4,500.00 Approp. (reserve-Retirement-contr. additional employees) 45,000.00 Approp. (reserve-equipment replacement fund SB-154) 205,000.00 $1,396,600.00 Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (22) 6F. Added item: Financin~ Flood Control Facilities -- A Plan of Action. Staff report by Lauren Wasserman. Staff wa9 requesting direction from Council. It was felt that the establishment-of special assessment districts, was the best way to proceed in the financing of flood control facilities. Staff asked if Council wished to put an advisory issue on the ballot to read similar to the following: "Shall the City Council create special assessment districts tn order to raise the funds required to construct storm drain facilities throughout the City?" Mikels said he felt this should go on the ballot to get the public input. Therefore, he made the following motion: Moved by Mikels, seconded by Bridge to prepare the necessary material to place an advisory issue for financing flood control on the June ballot. Bridge said he felt staff should go ahead and prepare the material, but present it to Council at the next meeting for consideration. Mayor said he felt a survey of some type should be done since a ballot would give us the opinion of only about 15% of the people affected. Doug Hone, Hone amd Associates, said the City could do a good survey for the cost of placing something on the ballot. Bridge called for the question: Motion: Failed by the following vote: AYES: Mikels. NOES: Schlosser, Palombo, Bridge, and Frost. ABSENT: Non~. Motion: Moved by Schlosser, seconded by Palombo to direct staff to investigate further regarding the establishment of special districts -- the cost, legal counsel required, additional staff needs, etc. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (23) 7. CITY ATTORNEY'S REPORTS. Mr. Dougherty mede a report to Council regarding the amount he would reco-w, end if we supported the City of Tiburon in its case defending zoning policies (Agins vs. Tiburon). He recow~nended that Council send $250 from the contingency fund to aid in the cost of this case since we would have considerable interest in its out- come. Also, he asked if the City Council would endorse the amicus curiae brief which was being prepared by the City Attorney for the City of San Jose. This would simply be in support of this position with no financial assistance involved. Motion: Moved by Schlosser, seconded by Palombo to support the project for the City of Tiburon with $250 to be taken from the contingency fund. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Motion: Moved by Schlosser, seconded by Palombo to authorize the support of the amicus curiae brief. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. City Council Minutes March 5, 1980 Page 9 Mr. Dougherty said he had also talked with the League of California Cities' attorney for an interpretation of what Howard Jarvis meant by 2/3 vote. He said no one really knows, however, the League's attorney is of the opinion the courts will determine 2/3 of those persons who actually vote. We will never really know until someone really tests it, said Mr. Dougherty. 8. NEW BUSINESS. A. Council. None. B. Audience. None. 9. ADJOURNMENT. Motion: Moved by Palombo, seconded by Schlosser to adjourn the meeting. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. The m~eting adjourned at 11:00 p.m. Respectfully_sub~uttted, Beverly Authelet Deputy City Clerk