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HomeMy WebLinkAbout1978/12/06 - Minutes December 6, 1978 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting CALL TO ORDER The regular meeting of the City Council was held at the Community Service Building, 9161 Baseline Road, Rancho Cucamonga, on Wednesday, December 6, 1978. The meeting was called to order at 7:10 p.m. by Mayor James C. Frost, who led in the pledge to the flag. ROLL CALL Present: Council members Schlosser, Mikels, Palombo, West, and Mayor Frost. City Manager, Lauren Wasserman; Assistant InterimlCity Attorney, Robert Dougherty; Assistant to City Manager, Jim Robinson; Community Development Director, Jack Lam; and City Engineer, Lloyd Hubbs. APPROVAL OF Motion: Moved by Palombo, seconded by Mikels to approve the MINUTES minutes of November 15, 1978. Motion unanimously carried. ANNOUNCEMENTS 1. Schlosser announced he had received several phone calls compl~menting the Sheriff's Department for the fine job they were doing. --- 2. West announced the change in meeting place for the Community Advisory Committee. They would be meeting at the Alta Loma Junior High Library instead of the County Library Conference Room. Meeting will be on the same date, December 14, at 5:30 p.m. 3. Wasserman announced that item (h) on the Consent Calendar would have to be removed. Since it was a Resolu- tion, it was necessary to pass by a separate vote with title and number read. CONSENT The following items were presented on the Consent Calendar: CALENDAR a. Approval of Warrants in the amount of $319,066.17. b. Set December 20, 1978 for a public hearing for Zone Change No. 78-03 -- Siegl. c. Set February 7, 1979 for a public hearing on an Appeal on Conditional Use Permit No. 78-01 -- Vanir. d. Refer claim of Larry W. ~eints in the amount of $29,400 to the City Attorney for handling. e. Alcoholic beverage license for on-sale beer and wine for Pizza 'N Stuff at 9740 19th Street. f. Tract 9475: Release bonds to Drazan Construction Co. Performance bond (sewer) in the amount of $30,000. --- Performance bond (water) in the amount of $30,000. g. Tract 9315: Release bond to Lusk/Walton Cucamonga in the amount of $2,150. Motion: Moved by Palombo, seconded by Schlosser to approve the Consent Calendar items. Motion unanimously carried. City Council Minutes December 6, 1978 Page 2 PUBLIC HEARING: A request submitted by Coral Investment, Inc. to change the zone from R-1 to A-P for 1.629 acres located on Zone Change 78-01 south side of Baseline between Garnet and Beryl Avenue. Ordinance No. 47 Motion: There being no public opposition, it was (second reading) moved by Palombo, seconded by West to adopt Ordinance No. 47 and to waive the entire reading. Wasserman read the title. Motion unanimously carried for adoption. ORDINANCE NO. 47 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 208-011-66 (ZC78-01) . PUBLIC HEARING: An ordinance establishing an electric franchise in Rancho Cucamonga with the Southern California Edison Electric Franchise Co. The ordinance is identical to two others, Nos. 16 and 33 which the Council had approved. Because of Ordinance No. 42 procedural problems, the Edison Co. had refused the (first reading) ordinance. This was simply starting the process again to conform to the Edison Co's requested procedure. The Mayor opened the meeting for public hearing. There were no protests from either audience or council, there- fore the Mayor closed the public hearing. No letters of opposition had been received by the City Clerk. Motion: Moved by Palombo, seconded by Schlosser to waive the entire reading of Ordinance No. 42. Title read by Wasserman. Motion unanimously carried. Motion: Moved by Palombo, seconded by Schlosser to pass ordinance on to a second reading. Motion unanimously carried. ORDINANCE NO. 42 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CON- DUITS AND APPURTENANCES, INCLUDING C@{bfUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF RANCHO CUCAMONGA AND REPEALING ORDINANCE NO. 33. PUBLIC HEARING: Request for zone change by Secondo Colomberoto change zone from C-2 and M-R to M-2 for 9.3 acres of land located Zone Change No 78-02 on the northeast corner of Etiwanda Avenue and Whittram. Jack Lam presented the staff report. The change would Ordinance No. 48 allow the applicant to continue developing an existing (first reading) industrial center on the site. The M-2 zoning would allow more diversity within the project. The zone change is consistent with the proposed General Plan, and the site is suitable to accommodate permitted uses. Mr. Lam stressed the applicant was not requesting approval of a project, but the approval of the zone change. City Council Minutes December 6, 1978 Page 3 Motion: Moved by Palombo, seconded by Mikels to approve the zone change, waive entire reading of ordinance, and to pass it on for second reading. Wasserman read title only. Motion unanimously carried. ORDINANCE NO. 48 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NOS. 229-151-15 AND 16, AND 229-161-01 THROUGH 07. CITY MANAGER'S Mr. Wasserman listed the problemJ-in the Declaration of STAFF REPORTS Impaction as declared by the Etiwanda School Board as follows: Etiwanda School Impaction 1. All usable classroom space is now occupied. Three classrooms are operating in non-classroom areas. 2. Even though we can absorb a few more youngsters into classrooms already existing, any growth will create double sessions. 3. There are seven hundred plus homes on the tentative list of Rancho Cucamonga's Tract Status List. 4. There are five hundred fifty homes on the tentative approved list of the City of Fontana. Although out of the jurisdiction of Rancho Cucamonga, these homes will impact our schools. 5. Although we can absorb approximately one hundred students in existing classrooms, if we wait any longer to request impaction help through Ordinance No. 30, section 4 of the City of Rancho Cucamonga, we will be overcrowded from new house development and will be receiving no compensating financial assistance. Staff questioned the 700 homes as listed in item 3 since · staff could only account for about 350 homes on the tentative tract status list. Mr. Wasserman brought the fact to the attention of the Council that the other three districts were already impacted, while the Etiwanda School District has claimed they will be. The Council asked Mr. Dougherty if they could go ahead and charge the fee on new development and disburse it when over- crowding existed. Mr. Dougherty said that SB-201 states an existing overcrowding condition must already exist and we would be best to wait until there was an actual overcrowding condition. SB-201 was not adopted for the planning stage, but for an existing overcrowding situation. Mikels felt that Etiwanda was part of the Chaffey High School District and the district had declared an impaction, therefore, we could collect fees on new developments under that declara- tion. Questions arose regarding the wording of Ordinance No. 30. The council felt that this should be investigated and brought back to the next meeting. City Council Minutes December 6, 1978 Page 4 Motion: Moved by Palombo, seconded by Mikels to continue this item after checking Ordinance No. 30. Motion unanimously carried. Amendment to Request to amend Law Enforcement Agreement with the Sher±ff's County of San Bernardino. Reason for the amendment contract was over the liability hold-harmless sections. This had been on a 50-50 share basis with the County. How- ever, our Insurance Company, Empire Company, did not want to handle the policy that way. The County had been contacted, and it was being presented to the Board of Supervisors to amend the contract. Motion: Moved by Mikels, seconded by Palombo to approve the amendment to the law enforcement contract which would hold the City harmless of liabilities incurred by the County as listed in the Amended Contract. Motion unani- mously carried. Report re. Staff report was by Jim Robinson. Surveys had been made Mobile Home Rent by staff as required before any consideration of adopting Review Board an ordinance could be made. Mr. Robinson explained the problems other cities such as Vacaville, Rialto, and Colton were having after an ordinance had been adopted and when the City tried to implement it. It was agreed by the Council that adopting an ordinance establishing a Rent Review Commission was not the way to go since we would probably not be able to implement it. It was felt best to let the other cities follow through to see if something through the courts could be done. Mayor questioned what could the council do while waiting the Outcome of these cases to help alleviate some of the problems. Mikels asked the City Attorney as to the time frame Of an injunction? Mr. Dou~herty said they do have priority. In San Bernardino County they can get to trial within a year if they are pushed along. West felt a letter should be drafted to the owners of mobile home parks in the city asking for rate increases to be documented and perhaps a task force of some type could be established to discuss problems and solutions. Mayor asked for comments from the public. Those addressing the Council were: Robert Davis, Alta Vista. -- they were having weekly meetings. However, they had not been able to meet with the owners. Harry Pate, Alta Laguna, -- encouraged the City Council to pass an ordinance now so when the Colton and Rialto cases had been decided, Council would be ready. City Attorney made it clear that the Council could pass an urgency ordinance in one meeting. City Council Minutes December 6, 1978 Page 5 Mr. Hearl, Alta Laguna, commented about West's suggestion in contacting the park owners. He felt that would be helpful since the owner and tenant had difficulty getting together. Jack Pine, Alta Laguna, asked if the staff would be willing and could they act in the tenants' behalf? The City Attorney said the staff could, but they should not be made an arbitrator. The thing the staff could do would be to adopt some form of rent control measure, but these were being tested in court now. Pine asked if they could get a commitment from the staff? Wasserman said a letter could go out this week. Palombo suggested that three mobile home tenants and two counci]mem~rs contact park owners and begin a series of study programs. Mikels suggested even further that staff get a letter out to Park owners, and in the letter relate the city is in the process of forming a Rent Review Committee. He also suggested staff come back at the next meeting with alternatives for establishing a Rent Review Committee. Motion: Moved by Mikels to have staff write a letter to owners informing them the City is establishing a Rent Review Committee and have staff come back to council wi~ alternatives for a Rent Review Committee. Seconded by Palombo. Motion unanimously carried. Both Schlosser and Palombo volunteered to be the Council representatives on the committee. Mr. Hearl was asked if he could get three park representatives together to serve on the committee. RECESS At 8:35 p.m. the Mayor called a recess. The meeting reconvened at 8:50 p.m. with all Council members present.. Baseline Staff report was presented by Lloyd Hubbs. The proposed Condemnation condemnation is located at the southwest corner of Hellman and Baseline. Acquisition of this property is required for the completion of the planned county project to widen Baseline from Hellman to Archibald. Because there are current liens against the property which exceed the market value, it is necessary to condemn the pro- perty instead of dealing directly with the owner of said property. The city will be purchasing the entire parcel since the remainder would not be a legal buildable lot. (Perhaps at a later time the remainder lot could be sold to the ajoining lot). It is anticipated this to be under construction sometime late March or April. Mikels asked about the costs involved in a condemnation. Then asked how do we care for all the liens. Mr. Dougherty said the court would make an estimate of the total amount of everyone's interest, then everyone would be given a portion out of the pot. The courts make the awards and portions it out. There would be only one cost -- the market value of the property -- everyone's portion comes out of that. City Council Minutes December 6, 1978 Page 6 Motion: Moved by Palombo, seconded by West to adopt a Resolution of Intent, waive the entire reading. Title read by Wasserman. Motion unanimously carried. RESOLUTION NO. 78-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO EXERCISE RIGHT OF EMINENT DOMAIN TO ACQUIRE PROPERTY FOR CONSTRUCTING OR IMPROVING A PUBLIC HIGHWAY AND ACCOMPLISHING ALL NECESSARY INCIDENTS THERETO. Resolution A Resolution appointing an officer and agent to appointing Officer accept documents in behalf of the city. This would allow and Agent to Accept the City Engineer and his assistant to accept gratis documents, right-of-way documents, acknowledge offers of dedi- cation documents, and accept documents for right-of- Resolution No. way parcels previously approved for purchase by the City 78-36 Council. Council decided they wanted the appointments made by name not by position. Motion: Moved by Palombo, seconded by Schlosser to approve Resolution No. 78-36 as amended to include the names of City Engineer, Lloyd Hubbs, and Associate Civil Engineer, Paul Rogueau, and to waive the entire reading. Wasserman read title only. Motion unanimously carried. RESOLUTION NO. 78-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPOINTING AN OFFICER AND AGENT TO ACCEPT DEEDS ON BEHALF OF THE CITY. Capital Improve- Proposed Capital Improvement Projects were presented by ment Projects Lloyd Hubbs. The Engineering Division had identified two projects which felt deserved an early consideration for funding through appropriation of County contingency funds and gas tax revenues. Projects are: a. Sapphire Street (minor widening) both sides of the street at the Foothill Freeway right-of-way at an estimated cost of $15,000. b. Baseline Road (minor widening) east of Archibald Avenue at proposed Kiddie Korner Day Care Center esti- mated cost of $5,000. Discussion arose with the widening of Baseline project. Applicant Ed Young spoke regarding the necessity of the project. Jack Lam addressed the problems and alternatives before the Council as follows: 1. They could have the property condemned and pay for the legal action. 2. They could accept Mr. Young's offer and pay 3/5s of the cost, sharing 1/5 with Mr. Young and 1/5 with Diversified Industries, the company doing the shopping center on the corner of Archibald and Baseline, or 3. The possibility of setting up a special district. City Council Minutes December 6, 1978 Page 7 Motion: Moved by Palombo, seconded by West to approve the Sapphire project and table the Baseline project to the first meeting in January 1979. Motion unanimously carried. City Attorney requested a preliminary title search be made. Vanir Develop- Request by Vanir Development to remove "T" standards on ment - 19th & property located on the northeast corner of 19th and Amethyst. Archibald The site plan had been approved by the Planning Commission and in order to proceed with the development, the "T" standards needed to be removed. Mr. Dougherty said the "T" should be modified only to permit certain usages. The Exhibit A on the Vanir Report should be Exhibit B and a new "A" made according to the Attorney. He felt the "T" should not be completely removed. Question arose over the list of uses which were permitted in the area. It was felt some of these still would not be appropriate to the area since traffic flow was a problem (and parking). Jack Lam felt the list of uses should be referred back to the Planning Commission for review. Motion: Moved by Schlosser, seconded by Palombo to refer back to the Planning Commission for review the list of of uses, and bring back to the December 20 Council meeting. Motion unanimously carried. Mayor suggested this go to the Advisory Committee for review. Deannexation Staff report by Jack Lam. There were three areas in the southwest portion of the city which were somewhat isolated. In terms of land-use planning and city services, it would be more logical for these areas to be part of the City of Ontario. Ontario had been made aware of this. Mr. Lam dis- cussed the procedure involved in deannexation. He stressed that although the Council voted to approve, it did not mean this would be done. Meeting was open to the public for input. Mr. Warren, owner of some property zones manufacturing, in the most northerly section spoke. He did not want to see this go to Ontario and become zoned residential. Motion: Moved by Schlosser, seconded by West to approve the staff recommendations and proceed with the deannexation of the three southwest areas of Rancho Cucamonga to the City of Ontario. Motion unanimously carried. Resolution No. Item had been removed from the Consent Calendar since a 78-70. Resolution needed to be adopted and would have to have title and number read. However, it would a routine matter accepting street bonds for a development at the southeast corner of Baseline and Archibald by Diversified Investment Co. RESOLUTION NO. 78-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~ONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP NO. 4251. Motion: Moved by Palombo, seconded by Schlosser to approve Resolution No. 78-70, and waive entire reading. Title read by Wasserman. Motion unanimously carried. City Council Minutes December 6, 1978 Page 8 NEW BUSINESS 1. Schlosser said there were streets in Old Towne that do not go along with the general plan of the city. After some discussion, it was decided the item should be referred to the Traffic Committee for study and bring recommendations back to the Council. Schlosser felt the suggestion was fine. 2. Mikels announced he was at a Board of Supervisors- public hearing when four SCAG programs -- water quality, air quality, growth forecast, and waste treatment -- were discussed. He pointed out SCAG had projected year 2000 growth forecast population at an estimated 66,000. This was far short of what was actually being forecasted. Jack Lam said he would be sending out a report regarding these negotiations very shortly. 3. Mayor announced he had received a Resolution from the City of Upland that they would be sending to Sacramento expressing their displeasure in the Foothill Freeway issue. Mr. Wasserman said he felt a personal letter was far more effective than a Resolution. December 14 would be a follow-up meeting regarding the Foothill Freeway and the approach we will be taking at the Transportaion Commission's meeting on January 25 and 26 in San Bernardino. 4. West announced we should send a Resolution to the new City of Grand Terrace congratulating them on their incorporation. ADJOURNMENT Motion: Moved by West, seconded by Palombo to adjourn. Motion unanimously carried. The meeting adjourned at 11:10 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk