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HomeMy WebLinkAbout1980/01/02 - Minutes January 2, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER. The regular meeting of the City Council was held in the Lion's Park Community Center, 9161 Baseline Road, Rancho Cucamonga, on Wednesday, January 2, 1980. The meeting was called to order at 7:00 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 staff members: City Manager, Lauren Wasserman, Interim City Attorney, Sam Crowe; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey . Absent: Assistant City Manager, Jim Robinson; and Community Services Director, Bill Holley. Approval of Minutes: Motion: Moved by Mikels, seconded by Palombo to approve the minutes of December 5, 1979. Motion carried 5-0. 2. ANNOUNCEMENTS. a. Mayor said he had received a letter stating that Mike Palombo had been named to serve on the Statewide Policy Committee on Public Safety. b. On Thursday, January 3, C-Pac will be holding a public hearing regarding the North Town improvements to be held at the Neighborhood Center at Arrow and Archibald. c. Historical Commission meeting on January 8 at 7:00 p.m. to be held in the Lion's Park Community Center. d. Advisory Commission will meet on Thursday, January 17. e. General Plan Advisory Committee meeting will be on January 15 at 7:00 p.m. at the Lion's Park Community Center. f. Schlosser announced he would not be at the next Council meeting since he would be out of town on business. g. Mikels announced he would be at the SCAG Executive Co~mmittee meeting on Thursday, January 3. The Committee would be discussing the issue of future expansion of the airport. h. Staff had the following requests for changes in the agenda: - Added item -- Revised Bike License Fee Resolution. - Added item -~ Authorization of the Finance Director to go to Sacramento. Mayor said they would be items 6F and 6G respectively. i. Mayor announced that Terry Van Hook wished to bring up the limitation on campaign funds during new business. 3. COMMISSION REPORTS. a. Advisory Commission -- none. b. Historical Commission -- none. Mr. Wasserman reminded Council that they still had a replacement for the Advisory Commission to fill. Council then discussed how to deal with this. City Council Minutes January 2, 1980 Page Two (1) Motion: Moved by Bridge, seconded by Schlosser to nominate Marge Stamm to the Alta Loma Advisory Commission. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES. None. ABSENT: None. Motion: Moved by Mikeis, seconded by Schlosser to approve the nomination of Marge Stamm for the Alta Loma Advisory Cormmission contingent upon her acceptance. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 4. CONSENT CALENDAR. a. Approval of Warrants: Register No. 80-1-02 for $294,950.61. (2) b. Tract 9422-1: Accept roads and release bond. Located on east side of Ramona Avenue south of Church Street. Owner: Marlborough Development Corporation Performance bond (road) $142,000 c. Tract 9427: Accept roads and release bond Located on the north and south sides of Banyan Street between Hermosa Avenue and Haven Avenue. Owner: Lesny/Wilshire Properties Performance bond (road) $106,000 d. Release of Certificate for Director Review No. 78-25 in the amount of $7,500. The subject certificate of deposit was required with the development of a professional office building at 9820 Foothill Boulevard. The Engineering Division conditions of approval required street improvements which the developer, Mr. A1 Castro, had bonded for by a certificate of deposit. The street improve- ments have been completed to the satisfaction of the Engineering Division. e. Release of $5,000 Passbook Deposit for Parcel Map 4463. The subject Parcel Map was tentatively approved by the County. The developer, Robert McDonald, placed on file with the City a passbook in the amount of $5,000 to guarantee the required street improvements. The subdivider has subsequently complied with the conditions of approval and the $5,000 passbook should be released. (3) f. Right of Entry allowing construction of Demens Channel through Heritage Park Site. It is recommended that Council approve the Right-of-Entry agreement and authorize the Mayor and City Clerk to sign the agreement. (4) g. Refer claim against the City by Jeannie C. Smith to the City Attorney for handling. Amount of claim is $440.52. h. Authorization for City Manager, Bill Holley, Harry Empey, and Jim Robinson to attend League of California Cities 14th Annual Employee Relations Institute January 23-24, 1980. Motion: Moved by Schlosser, seconded by Mikels to approve the Consent Calendar as submitted. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Mikels commented regarding item "h" on the Consent Calendar that as a Councilman he went to this last year and found it profitable. He would like to attend at least one day this year. Mayor Frost said he also planned on attending. Mr. Wasserman said this had been budgeted for the Council to attend. City Council Minutes January 2, 1980 Page Three 5. PUBLIC HEARINGS. 5A. Ordinance No. 95 before Council for second reading. Request of Historic (5) Preservation Commission for designation of the Alta Loma Railway Station site as a point of historic interest. Mayor opened the meeting for public hearing. Since there was no one wishing to address Council, the hearing was closed. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 95 which would designate the Alta Loma Railway Station as a point of historic interest and to 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. ORDINANCE NO. 95 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ALTA LOMA RAILWAY STATION SITE AS A SIGNIFICANT HISTORIC POINT OF INTEREST OF THE CITY AND THEREFORE DESIGNA~ TING IT AS A CITY POINT OF HISTORIC INTEREST. 5B. An Ordinance which revises Ordinance No. 8~ section 7; of the Park Tax Fee (6) Ordinance before Council for second reading. Staff report by Jack Lam. Mayor opened the meeting for public hearing. Ralph Lewis, Lewis Homes, said if this was removed temporarily and would be put back into the ordinance later that would be okay. However, if it wasn't restored, he would oppose. He wanted this to go on record. Mikels expressed that to take this away completelywould be eliminating incentive for park development. Mayor closed the public hearing. Motion: Moved by Mikels, seconded by Palombo to adopt Ordinance No. 8-A which revises Ordinance No. 8, section 7, of the Park Tax Fee Ordinance and to waive the entire reading. Schlosser asked how could Council be assured this would be put back in. Mr. Wasserman said the best way would be to refer it back to the Planning Commission. Mr. Lam said this was on record by the Planning Co~nission that this would come up once the Park and Recreation Element was completed. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title read by Wasserman. ORDINANCE NO. 8-A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 8 (ELIMINATING SECTION 7 IN ITS ENTIRETY AND AMENDING SECTION 8, 9, AND 10) AN ORDINANCE ESTABLISHING A PARK AND RECREATION TAX FOR NEW RESIDENTIALDEVELOPMENT, Motion: Moved by Palombo, seconded by Schlosser to direct the Planning Commission to review Ordinance No. 8-A in August after the completion of the Park and Recreation Element. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. City Council Minutes January 2, 1980 Page Four (7) 5C. Ordinance No. 96 before Council for second readin$ for a nesative declaration and zone chan~e No. 79-09. Request by Anderson. Staff report by Jack Lam. A change of zone from R-1 to R-3 for 19.11 acres of land located on the east side of Vineyard between Foothill Boulevard and Arrow Route. Mayor opened the meeting for public hearing. Mr. Anderson expressed that they would encourage adoption of the ordinance since they were anxious to proceed with the development. Mayor closed the public hearing. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 96 and to 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. ORDINANCE NO. 96 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSORS PARCEL NO. 208-241-02 and 14 FROM R-1 TO R-3 ON 19.11 A(RES OF LAND LOCATED ON THE EAST SIDE OF VINEYARD AVENUE SOUTH OF FOOTHILL BOULEVARD. RECESS: Mayor called a recess at 7:25 p.m. in order for visuals to be set up for the next hearing. The meeting reconvened at 7:30 p.m. with all members of the Council and staff present. (8) 5D. Appeal of Site Approval No. 79-19 by Atlantic Richfield. Staff report by Jack Lam. On November 28 the Planning Commission had denied a request for the remodeling of the existing Arco Station located on the southeast corner of Foothill Boulevard and Malachite Avenue into a self-serve gasoline station and food convenience store. The applicant was proposing to convert the existing automobile service bays into a convenience food store that would serve typical convenience goods such as dairy products, tobacco items, bakery items, beer, wine, etc. Gasoline service pumps would be retained and would become totally self service facilities. In addition to the remodeling of the interior of the building, the applicant has proposed to add landscaping throughout the site, close the north driveway on Malachite Avenue, upgrade exterior building elevations, and revise the entire sign program to be in conformance with the sign ordinance. Mayor opened the meeting for public hearing. Sam Blick, attorney representing Atlantic Richfield, addressed Council. He emphasized the following points: 1. That there wasn't any landscaping presently at the site. They would be adding considerable landscaping. 2. They would be closing the north driveway on Malachite in order to provide for the additional landscaping. However, he requested that the two driveways remain open on Foothill Boulevard. 3. Signs would be in conformance to the city's sign ordinance. 4. It was a chance for the city to take an unattractive site and to have it made better. 5. Traffic problems, although they were not ideal, they were not dangerous. He pointed out that the amount of traffic would not change from the present volume. Schlosser asked why they would want to go out of servicing automobiles. Mr. Blick st City Council Minutes January 2, 1980 Page Five that the dealer was not making enough profit through automotive servicing and requested help. This was something they had tried in other places and it was profitable. Schlosser said there was a number of other markets in the area. Why would they want to establish another mini-market? Mr. Blick stated this was not to compete with Perry's Market. He said this was to be only a convenience store for people to pick up small convenience items while getting gas. This would not affect other businesses but would be an added convenience to the customer. George Ryan, Marketing Director for Atlantic Richfield, answered other questions asked by the Council as to why they would desire to go into this type of business. Mayor said he still had negative feelings because of the traffic problem. Mr. Blick responded by saying that traffic would not be increased in any way. Public hearing was closed. Bridge said there were a lot of abandoned service stations around. He favored this in order to keep the station viable. Motion: Moved by Bridge, seconded by Schlosser to approve the request for the re- modeling of the existing Arco Station into a self service gasoline station and food convenience store subject to the conditions being reviewed by the Planning Commission and for the plan to include the two access points onto Foothill Boulevard. Motion carried by the following vote: AYES: Schlosser, Mikels, Bridge. NOES: Palombo and Frost. ABSENT: None. Palombo stated he opposed this because it would be removing another service to the citizens. 5E. Vacation of 8th Street. Staff report by Lloyd Hubbs. (9) The subject vacaRon was requested by Linville-Sanderson-Horn, agents for Jerry Swenson. Mrs. Swenson is an owner of a plot of land south of the area proposed to be vacated. The land will be used for private development. Item had been advertised in the Daily Report in accordance with law, and no opposition had been received. Mayor opened the meeting for public hearing. Since no one desired to address Council, the public hearing was closed. Motion: Moved by Palombo, seconded by Bridge to approve Resolution No. 80-3 ordering the vacation of 8th Street and to 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. 80-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED A PORTION OF EIGHTH STREET, AS SHOWN ON MAP (NO. 004) ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA. City Council Minutes January 2, 1980 Page Six (10) 5F. Vine.yard Avenue Ri~ht-of-Way AcQuisition. Staff report by Lloyd Hubbs. A Resolution of Necessity to exercise the right of eminent domain on five parcels which is required for the Vineyard Avenue widening project from Arrow Route to Eighth Street. Notices of hearing had been sent by certified mail to: Gerald W. Barker; Mildred R. Barker; Leion F. Lucas; Anthony D. Lucas; Wayne Lloyd, Atchinson, Topeka, and Santa Fe Railroad; Delmas L. Bray. There had been no oppositions received. Mayor opened the meeting for public hearing. Arnold Anderson asked why the project was only to Arrow and not to Foothill. Mr. Hubbs said the project was to provide four lanes of traffic to the Interstate 10. There were already four lanes to Foothill. He also said that curb, gutters, etc. would not be provided. Public hearing was closed. Motion: Moved by Palombo, seconded by Mikels to approve Resolution No. 80-2 and to 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 Wasserma~. RESOLUTION NO. 80-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS ACROSS PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC STREETS. 6. CITY MANAGER'S STAFF REPORTS. '(11) 6A. Storm Drain Policy. Staff report by Lloyd Hubbs. Mr. Hubbs introduced Bill Mann of L.D. King who presented an oral report to the Council on storm drain policy. He introduced Barry Hanson, engineer on the project. Motion: Moved by Schlosser, seconded by Palombo to adopt the storm drain policy as presented by Mr. Mann. Meeting was opened for public input. Ralph Lewis, Lewis Homes, said one of his people had looked over the proposal and ~ said it was reasonable, and they had no objections with the Policy. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (12)~6B. Lease of unit for maintenance crew and storage. Staff report by Lloyd Hubbs. · Mr% Hubbs explained the problem with lack of storage since we have hired maintenance workers. He said a 1200 square foot unit was available behir~, the present offices. The only other thing available would be a rental storage unit. Motion: Moved by Palombo, seconded by Schlosser to approve the appropriation of $1560 from the contingency fund to lease 1200 square foot unit for storage through July 1, 1980 with an option at that time. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. City Council Minutes January 2, 1980 Page Seven 6C. School Fees. Staff report by Harry Empey. (13 Money had been collected for temporarY school facilities by the City and not all the funds had been turned over to the school districts. Alta Loma School District was requesting that the remaining funds be released. Sam Crowe said that since this was approved by the City Council, the Attorney General had made a determination that these school fees were a special tax. He said there were two cases in court now. If these were determined by court to be a special tax, then we would be required to refund the monies since they would be illegal. Motion: Moved by Mikels, seconded by Palombo to refer to legal staff to study options. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Schlosser said he thought we should take the gamble so we could have the classrooms. He said since he would not be present at the next meeting, he wanted to express his opinion. 6D. Resolution calling the election. Staff report by Lauren Wasserman. (14 A requirement of law to have Council pass a resolution calling the municipal election for April 8, 1980. The City Attorney had drafted a new section, Section VI, as follows: Section VI. The City is, in this election, placing the issue of appointment of the O~ty T.reasurer and ~City Clerk before the voters. In the event the voters approve the appointment of the City Treasurer and City Clerk, the election as to those officers only shall be of no effect. Motion: Moved by Mikels, seconded by Palombo to approve Resolution No. 80-1 and waive the entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSEI~T: None. Number and title read by Wasserman. RESOLUTION No. 80-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,~ CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA TO THE GENERAL LAW CITIES. 6E. Conditional Use Permit No. 93-80 by Rancho Cucamon~a Chamber of Commerce. (15 Staff report by Lauren Wasserman. A request for.extension of the conditional use permit to May 30, 1980 for the mobile unit that is used as the Chamber office. Motion: Moved by Palombo, seconded by Schlosser to approve the request for extension of the CUP by the Chamber of Commerce to May 30, 1980. Motion carried by the following vote: AYES: Schlosser, Palombo, Bridge, and Frost. NOES: None. ABSENT: Mikels (he had left the council table briefly), 6F. Added item: Bike Resolution. Staff report by Lauren Wasserman. (16 The bike resolution which haR'been passed at the December 19, 1979 meeting had been revised to clarify the fees and to bring it into conformance with State law. Motion: Moved by Bridge, seconded by Schlosser to approve Resolution No. 80-4 and to waive the entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo., Bridge. NOES: Frost. ABSENT: None. (Frost stated he had not approved the first resolution for the reasons he felt we should simply issue the license and not charge fees. He still felt the same way.) City Council Minutes January 2, 1980 Page Eight It was brought to the Council's attention that the Resolution which they had just passed did not rescind the previous resolution. Moti~n:.~,. Moved by Mfkels, seconded by Palombo to amend Resolution No. 80-4 to include in Resolution No. 80-4 that Resolution No. 79-104 is hereby rescinded. Motion carrieh by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title read by Wasserman. RESOLUTION NO. 80-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING FEES FOR THE ISSUANCE OF BICYCLE LICENSE AND ALSO THE RENEWAL THEREOF AND RECINDING RESOLUTION NO. 79-104. 6G. Added item: Request for Finance Director to ~o to Sacramento. Staff report by Lauren Wasserman. There was to be a meeting in Sacramento designed especially for newly incorporated cities for the purpose of implementing Proposition 4. It was felt important that the city's Finance Director attend this meeting. Motion: Moved by Bridge, seconded by Palombo to approve sending the Finance Director to the meeting in Sacramento on January 8. Motion carried 5-0. 7. CITY ATTORNEY'S REPORTS. Mr. Crowe reported that since staff has not been able to draft an ordinance regula- ting adult businesses, it was necessary to extend the existing moratorium. Mr. Crowe had placed copies of the proposed ordinance to extend the time before Council, and announced that it would be placed on the next agenda for adoption. Mr. Crowe also gave a report regarding the City Treasurer and City Clerk issue on the ballot. He said they have finally received an interpretation by the Attorney General that in the event'the voters elect a City Treasurer and City Clerk, the pre- vious appointments will be made void. And if the ballot issue passes and should there be others ~hoalso run and win, then those people will be elected, but will not be able to serve office. 8. NEW BUSINESS. (17) a. Terry Van Hook addressed the Council on the issue of limiting campaign funds. He desired to see Council reverse its previous action to limit the amount of funds received. Mikels made a motion that the staff come back on the 16th with some alternative recommendations. Mr. Crowe pointed out this was something that could be done for the future, but for the present election there were no limitations set. The 16th would be too late to make a decision for the present election, since nominations could be received starting on the 10th. Mikels withdrew his motion. Motion: Moved by Mikels to meet on Wednesday, January 9, at a special meeting, to consider limitations on campaign and contribution spending and have staff develop alternatives for council consideration. For lack of a second, the motion failed. Bridge said that at some other time this should be discussed. Mr. Crowe said he could give Council a copy of the Election Code sections involving campaign spending. He said this would probably answer all the questions that staff would address and he could provide this within'the next thirty days. d. Mayor discussed the recent Traffic Committee recor~endations. He said he was not pleased with the results of the Banyan and Carnelian traffic count. Bridge said he would like to see a new traffic count made when Sapphire Street was opened. (The Traffic Committee had recommended not putting in a 4-way stop at the intersection). Hubbs and Wasserman said they could put the counters out again and that further infor- mation could be obtained at the February Traffic Co~nittee meeting. City Council Minutes January 2, 1980 Page Nine c. Mayor reminded Council of the breakfast with Jim Lloyd on Saturday, January 5, at 9:00 a.m. at Buffums in Pomona. 9. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn. Motion carried by following vote: AYES: Schlosser, Mikels., Pal0mbo, Bridge, and Frost. NOES: None. ABSENT: None. The meetimg adjourned at 10:30 p.m. Respectfully submitted, . Beverly Authelet Deputy City Clerk