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HomeMy WebLinkAbout1978/11/15 - Minutes November 15, 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, November 15, 1978. The meeting was called to order at 7:04 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; Interim City Attorney, Sam Crowe; Assistant to City Manager, Jim Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs. APPROVAL OF Motion: Moved by Palombo, seconded by Mikels to approve MINUTES the minutes of November 1, 1978. Motion unanimously carried. CONSENT The following items were presented for approval on the CALENDAR Consent Calendar: a. Approval of warrants in the amount of $54,945.55. b. Accept recommendation of Disposal of Surplus Property, the old C.S.A.-50 orange truck -- 1968 Chevrolet 3/4 ton, to the Alta Loma School District for $1.00. c. Refer claim against the City by Mr. & Mrs. James Ransfer in the amount of $19,676 to the City Attorney for handling. d. Refer claim against the City by Cecelia Pianalto of approximately $250.00 to the City Attorney for handling. e. Refer claim against the City by Mr. & Mrs. George Wink in the amount of approximately $1,000 to the City Attorney for handling. f. Set December 6, 1978 as a Public Hearing to consider a zone change from M-R and C-2 to M-2 for 9.3 acres of land located on the northeast corner of Etiwanda and Whittram. Submitted by Secondo Colombero. (Zone change No. 78-02). g. Tract No. 9440: Acceptance of Tract Map and Bonds by Crismar Development Corporation: Performance Bond (road) $128,000.00 Labor and Material Bond (road) 64,000.00 Performance Bond (landscaping) 42,683.30 Labor and Material Bond (landscaping) 21,341.65 RESOLUTION NO. 78-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING I~IPROV~{ENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9440. City Council Minutes Page 2 h. Tract 9451: Accept roads and release bonds to Royal Oak Homes: Performance Bond (road) $ 74,000.00 i. Tract 6609: Release of bonds to Vanguard Builders, Inc. Performance Bond (road) $ 70,000.00 j. Tract 9352-1: Accept roads, release bonds to Inco Homes, Inc.: Performance Bond (road) $ 100,000.00 k. Tract No. 8892: Release of bonds to Vanguard Builders: Performance Bond (road) $ 84,000.00 1. Tract 9382: Release of bonds to Lesney-Fletcher Homes: Performance Bond (sewer) $ 40,000.00 Performance Bond (water) $ 53,000.00 Tract 9348: Release of bonds to Kent Land Co.: Performance Bond (sewer) $ 46,000.00 Performance Bond (water) $ 44,000.00 Tract No. 9381: Release of bonds to Lesny-Wilshire Properties: Performance Bond (sewer) $ 41,000.00 Performance Bond (water) $ 40,000.00 m. Acceptance of deed of granting a street easement over Metropolitan Water District easement. RESOLUTION NO. 78-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO SIGN, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AS EASEMENT FROM THE METROPOLITAN WATER DISTRICT TO THE CITY OF RANCHO CUCAMONGA. Motion: Moved by Palombo, seconded by Mikels to approve Resolution No. 78-66 and waive the entire reading. Title read by Mr. Wasserman. Motion unanimously carried. Motion: Moved by West, seconded by Palombo to approve the entire Consent Calendar items. Motion unanimously carried. ANNOUNCEMENTS 1. West, in representing the city at an United Way meeting, had been presented a plaque in behalf of the city. West presented it to Mr. Wasserman, who accepted it for the city staff. The plaque represented $1180.00 of pledges which was the highest per capita giving of any city in the West End. 2. Lauren Wasserman had been appointed for a two-year term on the Executive Committee of the League of California Cities. 3. Meeting was held with developers of the 19th and Carnelian project. The problem should soon be resolved regarding the intersection. 4. Mr. Hubbs announced the first Advisory Traffic Committee .... meeting would be held Thrusday, November 16, in the Library Conference Room at 10:00 a.m. 5. Planning Commission and the School Districts would be meeting on November 21 at 5:00 p.m. to talk about issues of growth management. City Council Minutes November 15, 1978 Page 3 6. On the 22nd of November there will be the regular Planning Commission meeting. It is hoped that the land- use element of the plan will be finalized and be forwarded to the City Council. 7. Mr. Wasserman requested authorization to add three additional items to the agenda. Granted. PUBLIC HEARING Request was to rezone 1.629 acres of land between Garnet and Beryl Avenue. The surrounding area is residential Zone Change No. with single family to the north, single family and vacant 78-01 land to the east and a church to the west. Request by Coral Investment, Inc. Ordinance No. 47 (first reading) Request was so a 6500 square foot office building could be constructed. The Planning Commission advertised a public hearing in the Cucamonga Times on October 31 with no one opposing the zone change. It was the staff's recommendation that the City Council concur in the request for zone change. No one from the public was present to oppose the zone change request. Motion: Moved by Palombo, seconded by West to approve the zone change, read title of Ordinance No. 47, waive the entire reading, and to pass on to the next meeting for final approval. Motion unanimously carried. Title read by Mr. Wa s s e rman. ORDINANCE NO. 47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 208-011-66 (ZC78-01) Edison Company Because the city did not post and advertise the public Franchise hearings when it adopted the revised ordinance~ therefore, the Edison Company has requested that the whole process start from the beginning. For the first step, a resolution establishing the public hearings must be passed. Motion: Moved by Palombo, seconded by Mikels to approve the resolution establishing public hearing for the electric franchise and waive the entire reading. Wasserman read the title only. Motion unanimously carried. RESOLUTION NO. 78-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT AN ELECTRIC FRANCHISE TO SOUTHERN CALIFORNIA EDISON COMPANY. Resolution of A problem within Tract 7371 (located in Cucamonga between Necessity to Hellman, Layton, San Bernardino Road, and Tryon Road) had Exercise Eminent developed and was being presented to the Council to con- Domain sider adopting a Resolution of Necessity for Eminent Domain. City Council Minutes November 15, 1978 Page 4 Mr. Teasdale, present owner of the property south of Tract 7371, had plugged a drain whiCh ran through_ his property (20 foot easement). By plugging the drain, water could back up into the tract, Property. owners-were conCerned, Complicating the situationwere problems, which involved the County when an agreement for the easement was signed by a former property owner, Mr, Simon Elias, prior to the incorporation of Rancho Cucamonga. Mr. Teasdale had loaned money to Elias and had foreclosed when Elias failed to make his payments. However, his signature had not been obtained on the agreement for the easement. Also, property owners, Mr. and Mrs. Fred Rowe, to the south of the Teasdale property at 9389 San Bernardino Road, were concerned should the drain be opened. Water would back up onto their property causing flooding since water did not run off San Bernardino Road to Hellman properly. They were represented at the Council meeting by attorney Robert Crisman. Discussion between City Attorney and Council followed over some of the legal implications. The County had filed a suit against Elias for the bond posted guaranteeing several property improvements--although that would not be scheduled for hearing until June. Some of this money could be applied toward drain improvements, but would probably fall short of the estimated $40,000 needed for an underground storm drain system. Mr. Crowe explained that obtaining an Eminent Domain was only the first step. The next steps would be to obtain an appraisal of the easement and then decide whether to file to take the easement i~ediately or wait for the court to determine fair market value. Chuck Buquet, spokeman for the tract, addressed the Council explaining in greater detail the residents' position and concern. Attorney Robert Crisman also addressed the Council in behalf of his clients, Mr. & Mrs. Fred Rowe. Mr. Hubbs said the City would do everything possible to help alleviate the Rowe's problem now and could help by building berms, walls or possibly raising their driveway to help the water from backing up onto their property, It was noted, however, that all the flooding was not coming from the plugged-up drain. Mr. Hubbs expressed the permanent solution would be many years away and a part of the city's storm drainage system for the entire city, However, the need for now was to unplug the drain. Motion: Moved by Palombo, seconded by West to accept staff's recommendation to proceed with the necessity of Eminent Domain, approve the resolution~ waive the entire reading. Title read by Wasserman, Motion unanimously carried. City Council Minutes November 15, 1978 Page 5 Agreement Mr. Holley presented a Cooperation Agreement between between City & the City of Rancho Cucamonga and the County of San County for Bernardino to have the County administer the Community Community Develop. Development Block Grant program for us. Mr. Holley said Block Grant this was a result of the Council's decision on October 18 to approve the list of projects of curbs and gutters, park improvements, and storm drains. Motion: Moved by Schlosser, seconded by Mikels to approve the Cooperation Agreement and authorize the mayor to sign. Motion unanimously carried. Request to hire ~Ir. Empey presented the need to hire an account clerk since Account Clerk the present clerk has resigned. However, he was requesting the position be filled as a city-funded position instead of a CETA funded position. The reason was the guidelines for CETA had changed and was directed toward the hard- core unemployed. Under the circumstances, he did not feel the city would be able to find a qualified person. Also, our funds had not yet been approved under the new guidelines. The salary scale for this position was $786 to $945 per month and would not change. The monies had been budgeted in the non-departmental account to be a part of the transition program of CETA employees. Authorization was requested to transfer the portion of the salary for the remaining year of $3,144 be transferred from the non- departmental account to the appropriate salary account. Motion: Moved by West, seconded by Palombo to approve the hiring of a replacement account clerk under city funding instead of CETA and to transfer $3,144 from the non-departmental account for the remaining year's salary. Motion unanimously carried. Roberti-Z'Berg Mr. Holley presented a request to apply for the Robert- Open Space & Z'Berg Open Space and Recreation Program Act (SB-174) Recreation Program grant. Since this application has to be mailed before the Act application next Council meeting, it was now before the Council to adopt the necessary Resolution to approve the application. Motion: Moved by Palombo, seconded by West to approve Resolution No. 78-52, waive the entire reading. Title read by Wasserman. Motion unanimously carried. RESOLUTION NO. 78-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERT- Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM. Storm Prepared- A request by the City Engineer for storm preparedness ness Equipment equipment as follows: 1. Purchase of equipment to include 10,000 sandbags, rain equipment, radio scanner, cost $4,400 2. Allocation of overtime for city employees below Depart- ment Head level in emergency situations to be controlled by the City Manager. City Council Minutes November 15, 1978 Page 6 3. Authorize installation of a city phone extension to the Road Maintenance Yard with provisions-for a night bell. cost approx. $35.00 per month. Motion: Moved by Schlosser, seconded by Palombo to approve the necessary items listed above in 1-3 for storm prepared- ness equipment. Motion unanimously carried. H & M Lumber H & M Lumber request to release deposits. Item had been removed from the Consent Calendar of November 1 to check to make sure all work had been completed. Hubbs reported all work was completed satisfactorily. Motion: Moved by Palombo, seconded by Mikels to release deposit of $18,675.00 to H & M Lumber. Motion unanimously carried. NEW BUSINESS 1. First anniversay celebration of the City will be on November 30 at City Hall from 3:30 to 5:30 p.m. 2. Mayor asked Wasserman to introduce the National League of Cities program to the Council. Wasserman presented the advantages of becoming members of this national group. Mayor asked that this be brought to the Council for more detailed discussion and consideration at the December 6 meeting. ADJOURnmENT Motion: Moved by West, seconded by Palombo to adjourn the meeting. Motion unanimously carried. ~eeting adjourned at 9:12 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk