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HomeMy WebLinkAbout1978/06/21 - Minutes June 21, 1978 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES .Regular Meeting CALL TO ORDER A regular meeting of the City Council was held at the Community Service Building, 9161 Baseline Road, Rancho Cucamonga, on Wednesday, June 21, 1978. The meeting was called to order at 7:10 p.m. by Mayor James C. Frost. ROLL CALL Present: Council' Members Jon D. Mikels, Michael Palombo, Phi 1 lip D. Schlosser, Mayor pro-rem Charles West, and Mayor James C. Frost. City Manager, Lauren M. Wasserman, and Assistant Interim City Attorney, Robert Dougherty. ANNOUNCEMENTS 1. Mayor Frost read a letter from a newly organized group, "Neighborhood Block Watch Program", would hold its first meeting on July 11 at the Etiwanda School at 7:30 p.m. Purpose of the group is to help law enforcement agencies in guarding and protect- ing school children. 2. Hearing on the Foothill freeway would be held in Sacramento on July 27 and 28. 3. Request was made to add two additional items to the agenda by Mr. Wasserman. Request granted. PUBLIC HEARING An ordinance to implement the Subdivision Map Act. (Second Reading). Subdivision Map ORDINANCE NO. 28 Act AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO SUPPLEMENT AND IMPLEMENT THE SUBDIVISION MAP ACT. Mr. Wasserman presented the purpose of the ordinance which was to implement and supplement the State Subdivision Map Act. The Act sets forth the procedure for processing all subdivisions within the City. Title Was read by Mr. Wasserman. Motion: Moved by Palombo, seconded by West to waive entire reading. Motion unanimously carried. Motion: Moved by Palombo, seconded by Schlosser for adoption of Ordinance No. 28. Motion unanimously carried. Discussion: Mikels commented that no time limits had been estab- lished (pages 23 and 24 of the revised, draft of Subdivision Map Act). City Attorney responded saying this had been taken out of the State Subdivision Map Act. Mikels asked if SB-201 was the only other method of transferring fees or land to a school district? Attorney responded, yes. There were no further comments. Motion: The motion unanimously carried. City Council Minutes -2- June 21, 1978 PUBLIC HEARING An ordinance and resolution establishing fees for service and permits. Fee Ordinance and Resolution ORDINANCE NO. 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF FEES BY RESOLUTION. ~ ....... RESOLUTION NO. 78-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REESTABLISHING A COMPREHENSIVE FEE SCHEDULE SETTING FORTH FEES. A summary was given by Mr. Wasserman who explained that most all the fees and charges assessed by the City of Rancho Cucamonga were listed in the one document. It was explained there was a landscaping and maintenance of parkways within the City. Also, the document provides for a cost-of-living-increase. Ordinance title was read by the Mayor. Motion: Moved by Pa]ombo, seconded by Sch]osser to waive the entire reading. Motion unanimously carried. Motion: Moved by Pa]ombo, seconded by West to adopt Ordinance No. 29. Motion unanimously carried. Resolution title was read by Mayor. Motion: Moved by Pa]ombo, seconded by Schlosser to waive the entire reading. Motion unanimously carried. Motion: Moved by Pa]ombo, seconded by Schlosser for adoption of Resolution No. 78-25. · .. Discussion: Gary Powe]l asked if the beautification fee would eliminate the Weed Abatement program. Mr. Wasserman said no. The fees would be used to put in land- scaping in areas where there were blockwalls and no one was maintaining the parkways. Also, a real concern were areas such as Haven Avenue. Asked what would happen when there are no more fees coming in? Mr. Wasserman said that perhaps in ]5 to 25 years it may be a maintenance monster, however, at the present time it is a high priority and hopefully in the future there will be the personnel to care for this project. What about water shortage? Mr. Wasserman said they were using only types of plants that were low maintenance which required minimum watering. There was no further discussion. Motion: Motion unanimously carried. City Council Minutes ~.3~ June 21, 1978 PUBLIC HEARING An ordinance to establish School Facility Fees. (Second Reading). School Facility Fee Ordinance ORDINANCE NO. 30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING SCHOOL FACILITY FEES. Title was read by Mr. Wasserman, who also summarized the Ordinance. Ordinance sets a $700 fee for all new development and $350 fee for mobile home space. Motion: Moved by Palombo, seconded by West to waive entire reading. Motion unanimously carried. Councilman Mikels commented that the School District had its meeting and a decision had not been made by the Board as to its intent in the sale of the Etiwanda school site. The issue was raised regarding monies derived from sale of the school site -- should monies be utilized only in Rancho Cucamonga? Mayor Frost asked Councilman Mickels if these were not really two separate issues, and if he had any o~jection to the ordinance passing. Mikels said there.was a question about having the fees staying in Rancho Cucamonga since we did not get a resolution of intent from the School Board. He felt this would change the 'decision where the SB 201 funds would be spent. Mr. Dougherty explained that this ordinance would be an enabling ordinance, however, the Council would not have to go along with the Chaffey Union High School District decision without the approval of the City Council. There was no need to put a restriction' in the ordinance in order to control where the money was spent. If the ordinance is kept unrestric- tive, then at the time the school district makes its decision, the Council can make their decision. The City Council is the final authority as to when the funds are released. Councilman West pointed out that if the Council restricts their funds, then the districts needing temporary facilities would not be able to get them in time for school in the fall. Councilman Schlosser felt the Mayor should send a letter to the school district expressing concern about the sale of the Etiwanda property. Motion: Motion unanimously carried. PUBLIC HEARING Parking and Com- ORDINANCE NO. 27 mercial Vehicles Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PERTAINING TO THE PARKING OF COMMERCIAL VEHICLES IN THE CITY OF RANCHO CUCAMONGA. The Ordinance was continued to July 5 meeting to be reworked. City Council Minutes -4- June 21, 1978 PUBLIC HEARING ORDINANCE NO. 31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE COUNTY CODE BY ADOPTING ADDITIONAL LAND USE DISTRICT MAPS AS PART OF THE OFFICIAL LAND USE PLAN. Title was read by Mr. Wasserman. Motion: Moved by Palombo, seconded by West to waive entire reading, Motion unanimously carried. According to Doug Payne, of the County Planning Staff, the enabling ordinance should be withheld for one year, therefore, should be omitted from Ordinance No. 31: File No. W85-82 - Located at southeast corner of Foothill and Baker -. Index number 4811-4 (Zone change from A-1 to R-3). City attorney felt this should be denied or granted. Ordinance was passed on for second reading. PUBLIC HEARING ORDINANCE NO. 32 Urgency Measure AN ORDINANCE OF THE CITY COUNCIL OF THE CITY for est. various OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING Services and THE ESTABLISHMENT OF FEES BY RESOLUTION AND Permits DECLARING THE URGENCY THEREOF. This ordinance needed to be adopted by an urgency method in order to have it in operation by July 1 since the city. will, at this time, be handling all building, planning, and inspections that formerly had been handled by the County. Motion: Moved by Palombo, seconded by West to waive entire reading. Motion unanimously carried. Motion: Moved by Palombo, seconded by Schlosser to adopt Ordinance No. 32. Motion Unanimously carried. RECESS At 8:05 p.m. a recess was called by Mayor Frost. The meeting reconvened at 8:20 p.m. with all present. PUBLIC HEARING Appeal of Planning Commission decision - Denial of Zone Variance W87-51, Walter and Gale White. Appeal Walter/Gayle Doug Payne, from the County Planning Department, represented White the staff. On March 22 the Planning Commission had denied the application for a zone variance to split a 1½ acre parcel for the purpose of building their own residence, plus another home for resale. ~ Mr. Bruce Lance, attorney, representing the Whites, spoke. He presented the White's reason for applying for zone variance. They felt that, although they were requesting fOr a lot split ...... which would be less than the minimum area requirement for the R1-20,OOO.zone, (]3,300 sq. ft.) the overall density would not change. Mr. Lance presented slides to show the general setting of the property in question. He pointed out that had the White's known that the lot size would not have included easement areas, they could have built their house closer to the "wash". The White's were willing to put in improvements of curb, gutters, and pavement. City Council Minutes: ~,5--- ' June 21~ 19_78 The Planning Commission had questioned environmental factors. The White's had an EIR done with a negative declaration made. Regarding the question about cesspools -- a survey had been made and the area would handle the two cesspools. Dan August spoke in favor of the development because he would like to see the improvements go into the area. Speaking in opposition of the variance: Doug Hone Dave Henderson Stan Antlocer ' Gene Cra i g Mr. Henry Martinez, a resident on Hidden Farm Road, submitted a petition from those neighbors opposing the variance. He had three reasons for the opposition: 1. Opposing the 13,300 square foot size in an area where it was zoned for 20,000 square feet. 2. It would 'set a precedent for the future. 3. White, a contractor, was aware of the requirements in the area when he purchased the property and before he built. Councilman West asked when the Property was purchased. Answer: May, 1977. The White's were informed that the property should be 20,000 square feet including easements in December 1977. A letter from Mr. Fedinew was submitted to the Council. West asked if Mr. Fedinew was not involved in a lot split decision in the past. Answer: yes The City Attorney was asked what precedent this would set if the zone variance were granted. The City Attorney said none. These speaking in favor of the request: Mr. Machinski Mr. Bob Luthanski. Dan August -- claimed' the same thing happened to him when he went t° the County, that an area of 20,000 square feet would include streets. Later, when he went back, he was informed it would not include streets. Palombo felt the appeal should be continued until the next meeting so the Council could visit the area. Motion: Moved by Palombo, seconded by Schlosser to continue hearing at the July 5 meeting. Motion unanimously carried. City Council Minutes ~6~ June 21, 1978 PUBLIC HEARING Appeal of Planning Commission decision of site plan approval W96-73 of a Mobil 0i'il station at the southwest corner of Mobil Oil Archibald and Baseline. The Planning Commission had denied Property Invest- the request at its May 10 meeting. The reasons for denial ment West were: 1. The site proposed was not adequate in size and shape to accommodate said use for parking and loading area. 2. The site for the proposed use had inadequate ~ ~ access as the site relates to streets and highways properly designed as to width and improvement type to carry the quantity and kind of traffic generated by the proposed use. 3. The sign standard has not been met. 4. A service station would not be in harmony with the original concept of the shopping center. Doug Payne, from the County Planning Department,presented the background information on the project. He pointed out the original background information on the project. He pointed out the original request for this corner was to be a financial facility. The opponents were: Roger Grable, Attorney, of Rutan and Tucker, who pointed out the plan was being submitted under a permitted use. The wanted it approved on that basis. Mr. E.R. Fox, Real Estate Department of Mobil Oil Corporation, spoke regarding parking requirements, landscaping and went over findings of Planning Commission. Mr. Marshall Wilkinson, Properties Investment West, also addressed the four Planning Commission findings. Mr. Chuck Phillips, Country Meats, spoke in favor of the service station. He felt the traffic problem would be taken care of when traffic signals were installed at the intersection. Mr. Wilkinson presented letters from the other tenants in the shopping center -- all in favor of the station. Mr. Mike Zinkin, a resident living around the corner, spoke about traffic problems, especially, regarding left-hand turns. Herman Rempel, Chairman of the Planning Commission, told the Council that it was not just a gas station being planned, but also a fast food service would be included. He also said that the addition of a gas station at this location would cause considerable amount of congestion within the shopping area. He also stated that at the Planning Commission meeting there were several of the tenants who were not in favor of the station. Mr. Fox, explained the food service would be "impluse items" only. Question arose regarding the delivery trucks coming into the area during the day which would cause extra problems with traffic, etc. The Council was assured they could make it a condition that all deliveries would be made at night which would eliminate trucks during the day. They would also be willing to engage a traffic consultant to make a traffic study. Motion: Moved by Palombo, seconded by Mickels to uphold the Planning Commission's decision and to deny the appeal. The motion was unanimously carried. City Council Minutes -7- June 21, 1978 REPORT RE. Report regarding creation of Advisory Committees for Alta ADVISORY Loma, Cucamonga, and Etiwanda. This had been proposed by COMMITTEE Councilman West at a previous meeting and the request was made for the staff to make suggestions, then bring it back to a Council meeting for consideration. The recommendations by the staff were: 1. The Advisory Committee be a five member Council, appointed from each of the communities for a two-year term. 2. That this be an advisory position to the City Council on matters relating to land-use planning, transportation and circulation planning, proposed capital improvements, and to review significant budgetary items. 3. Those interested in serving apply to the City Council. 4. Important that an ex-officio member from the Council serve on each of the three advisory groups. Councilman West felt a time schedule should be set. Mr. Wasserman said thirty days would be adequate. If this were approved, the staff could be ready to start with Advisory Councils in August. He also stated we should try to involve some that have never been in City work before. Council asked staff to come up with a plan to include: 1. How to implement program 2. Selection of members. 3. How to contact staff for service 4. Instructions on duties as to relationship to Planning Commission and City Council. (This must not take place of the Planning Commission). Regarding the issue on seeking people to serve, Mr. Wasserman said it was easier to make up an application form which he would have at the next meeting. Speaking on the issue were: Gene Craig, President of the Etiwanda Service Club. The club had passed a Resolution which he read. Mr. Stan Antlocer, Chairman of Planning Committee of Alta Loma Chamber of Commerce, said in a combined meeting of the three local clubs the subject had been discussed. He felt the clubs should handle the matter themselves on an informal basis. He thought the concept of Advisory Councils was fine, but felt the Chambers were doing an adequate job finding out how the community felt and getting the information back to the Council. Mr. David Humphrey, Rancho Cucamonga Chamber of Commerce, presented a Resolution. REPORT ON Mrs. Bridge asked the Council if she might read a letter CITIZENS' from the Citizens' Charter Advisory Committee at this time. CHARTER Request granted. ADVISORY COMMITTEE Mr. Doug Hone felt the Council and staff would not have time for a program such as Mrs. Bridge was recommending at this time. He felt the Advisory Council was sufficient. Mrs. Bridge's letter was received and filed. June 21, 1978 Page 8 ZONE CHANGE 1. Proposal: Zone change from F~-P~2 to R~,3 #87~,73 REQUESTS Locatilon~ ~i/s. Basel ~ne~ approx 775"' ~//o V['neyard Appl i;cant; Jerry' Rodgers. Analy-si.'s; Si?te its- located i'n a flood control basin with commercial and public school to the north and a park to the east. Recommendation to send to the Planning Commission because a letter had been received at City Hall from Mr. Rodgers stating he had not been notified of hearing. 2. Proposal: Zone change from 7,000-R-3-T to A-1 #94-66 Location: N/s 19th St. approx 385' W/o Amethyst Applicant- Kenneth Byler Analysis- Site is located in an existing residential neighborhood with R-3 zoning on west, north and east. South is A-I. Appli- cant requesting A-1 zone to permit a commercial nursery. General Plan calls for residential or mix uses. 3. Proposal' Zone change from R-1 to C-2 #97-82 Location: E/s Archibald approx 150' N/o Devon St. Applicant: Freda Shelley Analysis: Site is located in an established residential neighborhood, wi th R-1 zoning surroundings. General Plan calls for residential. Recommendation to refer back to Planning Commission items 2 and 3 since they are not compatible with the General Plan. 4. Proposal: Zone change from A-1 to C-2 #123-81 Location: SW/o the intersection of Foothill & Interstate 15 Applicant: William Longley Analysis: Site is located in an undeveloped area. Zoning is A-1 in all directions with C-2 & M-1 further west. General Plan calls for major industrial. Palombo said it was the intent of Longley to withdraw and resubmit later. Since noone was present, was referred back to Planning Commission for confirmation and a formal request to be made. 5. Proposal: Zone change from A-1 & C-1 to M-1 $53-112 Location: SW/corner of Arrow & Archibald Applicant: Harry Rinker Analysis: To the west and south are industrial uses, north and east are commercial. General Plan proposals call for industrial or residential. Recommendation to send back to Planning Commission for consideration. Motion: Moved by Mikels, seconded by Palombo to refer all items back to the Planning Commission. Motion unanimously carried, June 21, 1978 Page 9 RECESS A recess was called by Mayor Frost at 10:35 p.m. The meeting reconvened at 11:00 p.m. with all members present: TRANSlSTION During the transition period, the City staff requested OF PLANNING FROM Council's backing in not accepting new development appli- COUNTY TO CITY cations from June 16 to July 17, 1978. City Attorney felt this was justified. The Council asked if that would be enough time, if August 1 would not be more appropriate. Motion: Moved by Palombo, seconded by West to declare June 16 through August 1 a period of transition from County services to City services, and therefore, the City would not be accepting new development applications except to handle matters already in process. Motion unanimously carried. TRAFFIC SIGNAL Effective July l, 1978 the County of San Bernardino will CONTRACT FISCAL relinquish to the City all responsibility with regard to YEAR 1978-79 maintenance of the eight city-owned signalized intersections. Currently, traffic signal maintenance is provided by Signal Maintenance Inc. for all city-owned signalized intersections. It will be necessary for the City of Rancho Cucamonga to enter into a contract with Signal Maintenance Inc. in order that the City have continued, uninterrupted signal mainten- ance service for fiscal year 1978-79. Cost of service is $47.62 per month for the eight owned signalized intersections. Motion: Moved by Mikels, seconded by Palombo to approve the adoption of contract. Motion unanimously carried. COUNTY ROAD Mr. John Shone presented an oral status report. Regarding DEPT. BUDGET the traffic signal at Chaffey College, presented at a FISCAL YEAR previous meeting, the college was having funding problems 1977-78 and asked for a postponement. Report was received and filed. COMMUNITY BLOCK The staff felt this to be a routine matter since it had GRANT already been committed and is ready to break ground. Mr. Schlosser felt the Council should have more background before spending the money. Mr. Wasserman said in the future the Council would receive more background, but the Board of Supervisors had approved this before incorporation. Motion: Moved by Palombo, seconded by Mikels to approve the Community Block Grant. Motion unanimously carried. EXTENSION OF This item had been on the consent calendar of June 5, but ZONE CHANGE had been removed for discussion. Mr. Dougherty said he would recommend not to withhold a zone change, however, we had no control over this one. Mr. Doug Payne said on November 22, 1976 the Board of Super- visors, at a public hearing, acted to approve a zone change on the northwest corner of Archibald and 19th Street from A-l-5 to C-1-T. The Board further directed that the adoption of the enabling ordinance be withheld for a period of two and one half years; one and one-half years for the submittal of a development plan and one year additional in which time building permits must be issued and construction started and June 21, 1978 Page 10 diligently pursued to completion. The date by which the applicant must submit a development plan was May 22, 1978. Motion: Moved by West, seconded by Schlosser to accept staff recommendation of a one-year extension. Motion unanimously carried. TRAFFIC Mr. John Shone presented the Traffic Committee report. COMMITTEE REPORT April 11, 1978 Motion: Moved by West, seconded by Palombo to accept and adopt staff recommendations and approve the Traffic Committee report of April 11, 1978. Motion unanimously carried. PUBLIC WORKS Authori~zat~on to recruit a Publi'c Worlds ~nspector at a INSPECTOR salary of $1~250 to $1,520 i~'n fi'Ye-step increments. Motion: Moved by Schlosser, seconded by Palombo to approve the request to recruit a Public Works Inspector at a monthly salary of $1,250 to $1,520 monthly. Motion unanimously carried. ARROWHEAD Recommendation that Mayor Frost be authorized to sign JUSTICE modifications in the Arrowhead Justice Joint Powers Agreement. Motion: Moved by Palombo, seconded by West to authorize the Mayor to carry out the request and sign the modifications. Motion unanimously carried. CONSENT Request approval of the following consent calendar items- CALENDAR a. Application for off-sale alcoholic beverage license for Stater Bros. on 8770 Baseline Road. b. Application for on-sale beer and wine license for Bob & Fran's, 8890 Eighth Street. c. Approval of bills. d. Request authorization to pay bills through the remainder of fiscal year 1978, June 30, 1978. e. Agreement for payment of Labor & Materials - Minor Subdivision No. 77-0713 Bank of America and Douglas K. Hone have entered into an agreement to deposit $26,000 for payment of labor and materials for minor subdivision No. 77-0703. Development located at northwest corner of 19th Street and Carnelian. f. Request authorization to attend League of California Cities Conference regarding implementa- tion of Proposition 13. (In Sacramento early July). g. Tract 8955: Accept roads located at the southeast corner of Banyan Street and Jasper Street. h. Tract 9083-4: Accept roads located east of Hellman and north of Arrow Route. June 21, 1978 Page ll CONSENT i. Tract 9451: Relase Performance Bond (Water) in the CALENDAR amount of $20,000 and Performance Bond (Sewer) in the (continued) amount of $31,000 to Royal Oaks Homes. j. Tract 9245: Release the following Performance Bonds to Lewis Homes of California: Water on-site $28,000 (surety) Water off-site $25,000 (surety) Sewer $22,000 (surety) k. Tract 8892: Accept roads located on the east side of Turner Avenue north of Effen Street; release Performance Bond (water) in the amount of $32,000 and Performance Bond (sewer) in the amount of $10,000 to Vanguard Builders, Inc. 1. Tract 9176: Accept Final Map, Bonds and execute Agreements located on the west side of Beryl Street south of Manzanita Drive -- to R.L. Sievers & Sons, Inc. m. Tract 9449: Release of Cash Staking Deposit of $2,900 to Thompson Associates. Tract 9602: Release of Cash Staking Deposit of $3,950 to Matreyek Homes. Motion: Moved by West, seconded by Palombo to accept and approve the Consent Calendar items. Motion unanimously carried. NEW BUSINESS 1. Mayor Frost said members were needed to serve on the Historical Society of Rancho Cucamonga. Mayor Frost was asked by the Council to get in touch with Mr. Leonard Gorczyca to appoint members temporarily until the Council gave them an official status. 2. Councilman Palombo said on June 24 the Chaffey Sheriff's Department would be graduation, and he would like to see a Resolution of congratulations be sent by the City. Motion: Moved by Palombo, seconded by West to send an acknowledgement by the City. Motion unanimously carried. 3. Letter was read by the Alta Loma Chamber of Commerce and Etiwanda Service Club recommending a name change for the City. Mr. David Humphrey spoke against a name change, but if it must come to a vote, it should be at the next general election in 1980. 4. Mr. Wasserman commented on an item submitted by the Etiwanda Service Club in which the Club wanted some official action taken against graffitti. Mr. Wasserman pointed out that this would be difficult to enforce. Request was received and filed. 5. A Resolution from the Etiwanda Service Club was read by Mr. Neil Westlotorn. 6. Wednesday, June 28, a General Plan meeting would be held at 7:00 p.m. in the Community Service Building. June 21, 1978 Page 12 ADJOURNMENT Motion: Moved by West, seconded by Palombo to adjourn the meeting to a budget meeting on June 22, 1978 at 4:30 p.m. at the Library. Meeting adjourned at 11:57 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk