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HomeMy WebLinkAbout1983/10/19 - Minutes October 19, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met in the Lions Park Community Center, 9161 Base Line Road on Wednesday, October 19, 1983- The meeting was called to order at 7:45 p.m. by Mayor Jon D. Mikeis. Present were Council members: Richard M. Dahl; Charles J. Buquet II; Phillip D. Schlosser; James C. Frost; and Mayor Jon D. Mikeis. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougharty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: MOTION: Moved by Frost, seconded by Schlosser to approve the minutes of September 7, September 21, and October 5, 1983. Motion carried unanimously 5-0. 2. A~iO~J'NCI~!~rS Thursday, October 20, 1983, 2:00 p.m. - COUNTY PLANNING COMMISSION HEARING ON FOOTHILLS COMMUNITY PLAN - Board of Supervisors Hearing Room, 175 West Fifth Street, San Bernardinc. b. Thursday, October 20, 1983, 7:00 p.m. - PARKS ADVISORY COMMITTEE - Lions Park Community Center. c. Friday, October 21, 1983, 4:00-7:00 p.m. - MEASURE "W" RECEPTION - Board of Realtors Office, 217 West 2nd Street, Upland. d. Thursday, October 27, 1983, 7:00 p.m. - CITIZENS ADVISORY COMMISSION - Lions Park Community Center. RPeees~a%&e~ e$ a de~a~e~ by ~he A~a ~ema R~g G~b ~e ~he ~eF&~age RaF~ Deve~e~mea~ F~4v Item removed by the Group. They wished to present donation at the time Heritage Park comes to the City Council for review. fe Mayor Mikels announced that the "Purple Foot Award" for the grape s.tomping contest at the Wine Festival was won this year by Councilman Jim Frost. It was won by Councilman Phil Schlosser last year. g, Mr. Wasserman requested an added item to the Agenda: 6D - Resolution No. 83-182 which adjusts the salaries per a previous action of Council. Mr. Wasserman also requested a closed session at the end of the meeting to discuss a legal matter. he Chief Feuerstein stated that in light of the article which appeared in the Daily Report, he wanted to assure the Council and the RDA that the Fire District would continue working in partnership with the City staff and the Redevelopment Agency. They have been meeting regularly with staff and the City Manager to come up with some possible Joint City and District facilities and would continue to do so. City Council Minutes October 19, 1983 Page 2 (2) (3) (4) (5) (6) (7) (8) 3- COIL~l~'t' CALI~IDAR a. Approval of Warrants, Register No. 83-10-19, and Payroll ending 10-2-83 in the total amount of $1,199,491.15- b. Approval of Assessment District 82-1 Warrants for July for $3,625.60; August for $96,110.47; and September for $2,341.30. Approval of Assessment District 82-2 Warrants for July for $3,690,00; for August for $64,740.00. c. Alcoholic Beverage Application (AB83-10) for On-Sale Beer and Wine Public Premises License for LeRoy and Rose Gamble, Ernie's, 7157 Amethyst Avenue. d. Alcoholic Beverage Application (AB83-20) for On-Sale General Eating Place, for N. L. Disco, Inc., Nite Lite Hens & Herfords, 8874 Foothill Boulevard. e. Forward Claim (CL83-40) against the City by Ernest Sims to the City Attorney and Insurance Carrier for handling. f. Forward Claim (CL83-41) against the City by James Glidewell Hall to the City Attorney and Insurance Carrier for handling. g. Forward Claim (CL83-42) against the City by C.V. Holder to the City Attorney and Insurance Carrier for handling. h. Request approval of Resolution establishing the Recreation Services Enterprise Fund and its operational guidelines. This is an item which brings the method of collecting and disbursing fees within the Recreation Service Division into compliance with current Governmental Accounting Standards. RESOLUTION NO. 83-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE RECREATION SERVICES ENTERPRISE FUND. i. Approval of agreement for reconstruction of south half of Lemon Avenue between Klusman and Archibald Avenue in conjunction with Tract 9638 by Crismar Homes; in amount of $5,465. Funds to be drawn from the Systems Development Fund. j. Approval of intent to annex Tracts 12237, 12337-1, 12237-2 to Landscape Maintenance District No. 1 as Annexation No. 15, and set public hearing for November 16, 1983. RESOLUTION NO. 83-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF THE CITY ENGINEER'S REPORT FOR ANNEXATION NO. 15 TO LANDSCAPE MAINTANANCE DISTRICT NO. 1 (TRACTS 12237, 12237-1, 12237-2). RESOLUTION NO. 83-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDEB THE ANNEXATION OF LANDSCAPE MAINTENANCE' DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 15 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCPAING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (TRACTS 12237, 12337-1, 12337-2)- City Council Minutes October 19, 1983 Page 3 k. Approval to summarily ordering the vacation of unimproved road right-of- (9) way north of Arrow Route and east of Vineyard Avenue. RESOLUTION NO. 83-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN UNIMPROVED ROAD NORTH OF ARROW ROUTE AND EAST OF VINEYARD AVENUE. 1. Approval of acceptance of street improvements and storm drain for Parcel (IO) Map 6194 located on the east side of Haven Avenue at 7th Street; Cadillac-Fairview Development, developer. RESOLUTION NO. 83-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6194 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION. m. Release of Bonds: (ll) Tract 10569 - located on Placer, east of Archibald Avenue; owner, William Lyon Co. Accept Mainten. Guarantee Bond (road) $ 3,300 Release Faithful Perform. Bond (road) $176,600 S.A. 80-13 - located on the southeast corner of Sapphire and Highland; owner, Corporation of the Presiding Bishop of the LDS Church. Release Faithful Perform. Bond $55,000 P.M. 7555 - located on the southeast corner of Milliken and 8th Street; (13) owner, O'Donnell, Brigham. Release Faithful Perform. Bond (road) $86,000 RESOLUTION NO. 83-176 (14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10569 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. RESOLUTION NO. 83-177 (15) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR S.A. 80-13 AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. RESOLUTION NO. 83-178 (16) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7555 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. n. Approval of Redevelopment Agency action regarding Judicial Validation (~Y) Action for future tax allocation bond issues City Council Minutes October 19, 1983 Page ~ (19) (2o) (2~) (22) (23) (24) RESOLUTION NO. 83-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF ITS RANCHO REDEVELOPMENT PROJECT TAX ALLOCATION BONDS AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. o. Approval of destruction of city personnel records which are no longer required by law. RESOLUTION NO. 83-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. p. Approval of reclassification of Administrative Analyst to Assistant to City Manager at a monthly salary range of $2096-2550/mo. q. Set public hearing date of November 2, 1983: Draft Development Code. r. Set public hearing date of November 16, 1983: Appeal of Planning Commission decision for consideration of revocation or modification to the conditions for Conditional Use Permit 78-03 - Boars Head. An appeal for the review of potential operational modifications to the conditions of approval which are intended to resolve complaints and distrubances created by this establishment. The business is within the Rancho Plaza located on the northwest corner of Carnelian and 19th Street. s. Set Public Hearing date of November 16, 1983: Appeal of Planning Commission decision for Environmental Assessment and General Plan Amendment 83-04A - Carnelian Investments. A request to amend the General Plan Land Use Plan from low residential (2-4 du/ac) to medium residential (4-14 du/ac) on approximately 7 acres of land in the R-1-8500 zone (R-3 pending) located on the south side of Highland, between Jasper and Carnelian - APN 201-214-08. t. Set Public Hearing date of November 16, 1983: Appeal of Planning Commission decision for Environmental Assessment and Zone Change 83-03 - Carnelian Investments. A change of zone from R-1-8500 to R-3 (multiple family residential) on approximately 7 acres of land located on the south side of Highland, between Jasper and Carnelian - APN 201-214-08. ~DTION: Moved by Schlosser, seconded by Frost to approve the Consent Calendar as submitted. Motion carried unanimously 5-0. ~. AD~TI~ED P~BLIC R~INC~ A. ~E~TI~ ~ ~G ~ ~ ~IG~ ~SION. A proposal for the reduction of a fence height required around swiming pools. Staff report by Jerry Grant, Building Official. ~yor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wassermn read the title of Ordinance ~. 122-A. ORDINANCE NO. 122-A (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, A~NDING THE MINIM~ ~IGHT FOR SWIPING POOL FENCING. City Council Minutes October 19, 1983 Page 5 MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 122-A. Motion carried unanimously 5-0. Mayor Mikels set second reading for Ordinance No. 122-A for November 2, 1983. 5- NOM-ADVERTIZED PUBLIC HEARINGS No items submitted. 6. CITY MANA~ER'S REPORTS 6A. ~TAT~ REPORT ON A RECREATIONAL ~EHICLE STORAGE YARD. A resident who was concerned about a recreational vehicle storage yard located at 10191 Base Line Road had requested time on the Agenda. Michael Vairin, Senior Planner, presented a staff report summarizing the problem and the present status of the same. Mayor Mikels opened the meeting for public comments. Addressing Council was: Donald King, planning consultant, 9375 Archibald, representing Mr. Husa. He passed out some photographs for Council to look at. He stated that the situation is that Mrs. Danna has developed and constructed a vehicle storage yard on her property located south on Base Line, east of Turner in violation of the Raneho Cueamonga zoning ordinance. In the development of this facility, drainage patterns were created which have and are euasing physical and monetary damage to the welfare and property of Mr. Husa. City staff has outlined the problems. Mr. King then proceeded to give background of the approval of the storage yard. On behalf of his client he requested Council direct the City Attorney to offer Mrs. Danna one of the following alternatives: Alternative 1. Cause to have adequate drainage plans prepared and approved to prevent flooding on Mr. Husa's property. Such approval by the City Engineer should occur before October 31. Cause to have these approved drainage improvements installed prior to November 21. Alternative 2: If Mrs. Danna cannot agree with the former then City Council order all vehicles removed from the illegal facility by November 1 and have illegal improvements removed, regrading the site to its previous condition, thereby eliminating the drainage problems that were created. The regrading should be done by November 21. They requested Council direct the City Attorney to order Mrs. Danna to immediately install a temporary sandbag berm at a size adequate to prevent further flooding this year on Mr. Husa's property. Further, request that Council direct the City Attorney to proceed promptly with Code action as provided for in the zoning ordinance if one of these choices is not completed on November 21. Mrs. Danna, 10191 Base Line, owner of the recreational storage yard, stated she started the storage yard in June 1976 before the City was incorporated. She claimed Mr. Husa had not talked to her about any of this. She had received registered letters from him the last three years on Christmas eve stating he was having someone come out to survey and wanted her to remove everything off his property. As far as she knew she had nothing on his property. Last Christmas eve she received a bill for water damage which she ignored. This was the.first she knew of any water damage that Mr. Husa had. The first she heard is when she received a call from Mr. Vairin that there were problems. She was trying to get authorization from the Edison Company for an easement in order to install a drainage across their property. So far, there has been no response, (25) City Council Minutes October 19, 1983 Page 6 Mr. Dougherty stated the issue of the sandbagging is something the city council could direct. Obviously if not complied with, it could be a factor in the Council's decision at a later time on the use under a CUP if in fact the Development Code is adopted as it is presently written. Essentially though any flooding caused by one property owner onto the property of another is a legal matter which can be resolved in court in a private law suit. Its not something the City should get involved in except insofar as we are attempting to correct the zoning violation. Mr. Schlosser stated that if sandbagging is done, all you would do is move the water east or west onto someone else's property. He felt this might create more problems and did not feel it was a wise decision to require the sandbagging. Mr. Vairin concurred and stated he wanted Mr. Husa to be aware that a sandbag berm would not stop water from coming across to his property, but would divert the water from the stable area to somewhere else on his property. Mr. Dougherty asked Mr. Vairin if this would result in a concentration of the flow at given points. Mr. Vairin stated yes. The water is being concentrated now because Mr. Husa built a trench on his side of the property which is taking the water to the sa~e area. Mr. Dougherty asked if the concentration is a result of his action on his property? Mr. Vairin stated that was correct. Mr. Dougherty felt that in view of the discussion that requiring sand bagging might be counter productive and would perhaps expose the upstream property owner to a greater degree of liability. Mayor Mikels pointed out to Mrs. Danna that generally speaking ignorance of the law is no defense. The fact that her property has been altered and it has an negative impact on the neighbor can be serious. MOTIC~: Moved by Buquet, seconded by Dahl to instruct Mrs. Danna to install the necessary drainage improvements, to obtain the necessary easements, obtain final approval of grading plans and accomplish the tasks by December 1st. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: None ABSENT: None ABSTAINED: Frost Mayor Mikles called a recess at 8:45 p.m. The meeting reeonvened at 9:07 p.m. with all members of Council and staff present. (26) 6B. CO!~IMRATIO!i OF ~BMRIFF'S (X~6"[. Staff report by Lauren Wasserman, City Manager. (CO83-35) Mr. Wasserman stated that the contract before Council is a contract which reflects the revised method for providing the services that was tentatively approved in June. The additional deputies and the issue of the dispatchers will be handled through an amendment to the contract. Amount of the contract will be $2,548,243 for existing levels of service. Lt. Futscher pointed out that the contract does not reflect the two new deputies approved on October 17. City Council Minutes October 19, 1983 Page 7 Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. Mr. Buquet asked who presently pays for maintenance on the automobiles? Mr. Wasserman stated that we pay maintenance at 7 cents per mile and buying the gas and oil for the vehicles. For maintenance on the automobiles, the City pays for the actual costs, but if the repairs exceed the amount allocated, then the maintenance cost would increase or decrease the next year's contract. Mr. Wasserman stated that the helicopter services would be paid for by the County through another fund and not through the contract. MOTIO8: Moved by Dahl, seconded by Schlosser to approve the contract. Motion carried unanimously 5-0. 6C. RESOLUTION ESTaBLISBING G[IIDELINES FOR RENTAL OF COMITY CENTER FACILITIES. Rental of Community Centers to partially defray the overall cost of operation is a common municipal practice. Adoption of these guidelines will provide Rancho Cucamonga a partial cost recovery tool with which to operate. Staff report by Bill Holley, Community Services Director. City Clerk Wasserman read the title of Resolution No. 83-181. RESOLUTION NO. 83-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING GUIDELINES FOR THE RENTAL OF COMMUNITY CENTER FACILITIES. Mayor Mikeis opened the meeting for public comments. There was no response, so the public portion of the meeting was closed. MOTIOM: Moved by Dahl, seconded by Buquet to approve Resolution No. 83-181 and to waive full reading. Motion carried unanimously 5-0. 6D. ADDED 1~: SALARY RESOL[;TION Mr. Wasserman reported that Council had approved adjustments in the salaries. The Resolution reflected those adjustments. City Clerk Wasserman read the title of Resolution No. 83-182. RESOLUTION NO. 83-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, RESCINDING RESOLUTION NO. 82-119 RELATING TO SALARY RANGES AND BENEFITS FOR ALL FULL TIME AND PART TIME EMPLOYEES OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 1983-84. MOTION: Moved by Sehlosser, seconded by Dahl to approve Resolution No. 83-182 and to waive full reading. Motion carried unanimously 5-0. (27) (28) 7- CITY ATTORMET'S REPORTS 8. COI~ICIL 8A. REQUEST BY A]~DREW BAMM'rAN TO ADDRF.~S COUNCIL. Mr. Barmakian proposed that Council consider making his project an "adult only" project. This would allow him to proceed with the project. At the time when school space was available, he would change the designation. (29) City Council Minutes October 19, 1983 Page 8 (30) Mr. Dougherty stated there were two decisions from the State Supreme Court stating that excluding all children from apartment projects or condominiums were in violation of the Unruh Civil Rights Act. The court in these cases expressly distinguished between the normal adults-only type of use and developments for senior citizens. They did leave that open. Whether or not a situation as Mr. Barmakian proposes could be legally enforced would be pure speculation. He has no way to knowing whether the Supreme Court would depart from their already announced decision; simply because we were to allow a building to take place where no school space is available. Discussion followed regarding who would ultimately be responsible if such a development occured since there were other developers who have not yet come forth but had similar problems within the same school district. Mr. Doughstry stated that if a developer feels that a school district has arbitrarily or unreasonably withheld a school letter, then there is a mechanism whereby the developer can appeal that determination or action to the Planning Commission which would then recommend a determination to the city council. Ultimately the City Council, if it feels the school district is arbitrary or unreasonable, would have the power, on hearing the appeal, to waive the requirements. Mayor Mikels pointed out the requirements of a school letter was not a State law, but one of our own requirements. The Mayor continued that it was his understanding that the Central School District has reached the capacity for the portables which are provided by the funds generated pursuant to SB 201. Mr. Wasserman stated that there was a Committee working with the school district composed of representatives from the building industry. Hopefully, this will not come to the city council, but will be resolved between the school district and the developers. Mr. Dahl asked the city attorney if we would be liable if we entered into an agreement with a developer that was contrary to State law and was illegal. Mr. Dougherty stated that he was not assuming that such an agreement under these circumstances would be an illegal agreement. There is certainly an agreement to be made that there is a public purpose to be served by precluding occupance of new dwellings by children until sufficient school facilities are available. These two supreme court decisions which held that the arbitrary exclusion to children was in violation of the Unruh Civil Rights Act. As far as the liability of City and Council, he does not see a serious exposure to monetary damage because we are not tlaking about the federal civil rights law, but a California law. There is no federal equavilent to this type of decision involving children. The most a court action could do is find the agreement unenforceable and to enjoin some enforcement. ACTION: The request was received and filed. 8B. CONSIDERATION OF FILLIRG VACANCY ON THE PARKS ADVT-~ORY CO~e4ITTEE. Mayor Mikels brought forth two names for consideration: They were Sam Punter and Molly Mitchell. He asked if there were any additional names to be added. There was no response. Those in favor of Molly Mitchell were: Dahl, Mikels Those in favor of Sam Punter were: Buquet, Schlosser, Frost Council requested that letters be drafted' over the mayor's signature to Mr. Punter and to all those who submitted applications but were not chosen. City Council Minutes October ~9, 1983 Page 9 9 - ADJOURN~_J~r MOTION: Moved by Buquet, seconded by Dahl to adjourn to a closed session to reconvene. Meeting adjourned at 9:50 p.m. The meeting reconvened at 10:20 p.m. No action was taken. MOTION~ Moved by Dahl= seconded by Buquet to adjourn. unanimously 5-0. The meeting adjourned at 10:21 p.m. Respectfully submitted, Motion carried Beverly Authelet Deputy City Clerk