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HomeMy WebLinkAbout1983/04/06 - MinutesApril 6, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A regular meeting of the City Council met on Wednesday, April 6, 1983 in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:32 p.m. by Mayor Jon D. Mikeis. Present were Council members: Richard M. Dahl, Charles J. Buquet, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikeis. Also present were: City Manager, Lauren M. Wasserman; Assistant City Attorney, Ted Hopson; Community Development Director, Jack Lam; City Planner, Rick Gomez, City Engineer, Lloyd Hubbs; and Finance Director, Harry Empey. Approval of Minutes of February 16, 1983 and March 14, 1983. Inadvertently the February 16 minutes had not been included the Agenda Packet. Motion: Moved by Frost, seconded by Schlosser to approve the minutes of M~rch 14, 1983. Motion carried 4-0-0-1 (Dahl abstaining since he was not present at the meeting). 2. AI~O~iCEN!~TS a. Thursday, April 7, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION - Lions Park Community Center. b. Monday, April 11, 7:00 p.m. - SPECIAL COUNCIL MEETING FOR ETIWANDA SPECIFIC PLAN HEARING - Lions Park Community Center. c. Mr. Dahl announced the Foothills Community Plan meeting on April 12 at 7:00 p.m. in the Library Conference Room. d. Mayor Mikels announced the transportation improvement plan for the County was approved by SANBAG. Included in this Plan were the interchange improvements at 1-15 and Foothill Boulevard, and right-of-way protection funding for Route 30 for the next two years and recommendation for active acquisition to commense in 1986, funding for the Route 30 and 1-15 interchange, as well as construction of Phase I of Route 30 to begin in the 1987-88 year. Other topics discussed were the harardous waste siting, the Las Vegas Meg-Lev Train, and West Valley Transportation Study. e. Mr. Wasserman requested item 6F be added to the Agenda, Consideration of Harness Racing at the Los Angeles County Fairgrounds. Also requested that the meeting adjourn to an Executive Session following the meeting. 3. CONS{ CALEND~]{ a. Approval of Warrants, Register No. 83-03-31 and Payroll ending 83-03-20 in the amount of $116,324.02 and Warrants Register No. 83-04-06 in the amount of $259,984.71. b. Approval of Warrants, Assessment District 82-1 for February 1983 in the amount of $1,136,421.95. c. Request authorization for Community Services Director to attend the League of Cities Community Services Conference, Fresno and the National Recreation & Park Association Revenue Management Institute in San Diego. Requested expenditures are from within the Community Services Department budget. (1) (2) (3) (4) (5) (6) (7) (8) (9) City Council Minutes April 6, 1983 Page 2 Release of Real Property Improvement Contract and Lien Agreement requested by Thomas and Barbara Trombatore for completion of improvements at 6881 Amethyst Avenue. RESOLUTION NO. 83-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THOMAS AND BARBARA TROMBATORE. e. Acceptance of Improvement Agreement and Security for 6123 Amethyst Avenue submitted by Harley and Leah Lovitt. RESOLUTION NO. 83-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 6123 AMETHYST AVENUE. f. Acceptance of Street Improvement Agreement and Security for CUP 82-01 submitted by Etiwanda Investment Company (Pic-N-Save). RESOLUTION NO. 83-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE STREET IMPROVEMENT AGREEMENT AND SECURITY FOR CUP 82-01. g. Approval of Subordination Agreement for 6557 Mulberry Avenue submitted by Mr. and Mrs. McInturf. RESOLUTION NO. 83-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM MR. AND MRS. MCINTURF AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. ho Set Public Hearing - April 20, 1983 - Environmental Assessment and Planned Development 83-02 (Tentative Tract 12362) - Rancho Center. A change of zone from R-3 (Multiple Family Residential) to R-3/PD (Multiple Family Residential/Planned Development) and the development of 88 units arranged as four-plexes on 6.4 acres located south of Base Line, on the west side of Hellman APN 208-011-02, 04, 71. Foothill Boulevard and Hellman Avenue Cooperative Agreement with CalTrans. Recommend approval of agreement with CalTrans for cooperative funding of intersection widening at Foothill and Hellman. CalTrans contribution $25,000. Also cover City share of $15,000 for guardrails at Turner and Foothill. (CO 83-017) j. Staff request for payment of claim from Gordon and Edena Myers. (CL 83-10) k. Acceptance of Agreement, Security, and Final Map for Tract 11734 submitted by American National Group located at the northwest corner of Arrow Route and Vineyard Avenue. RESOLUTION NO. 83-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11734. Motion: Moved by Schlosser, seconded by Dahl to approve the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes April 6, 1983 Page 3 ~. PE~BLIC H~ARIN~S A. ENVIRON!~AL ~S,~ES~ AND ~NING O~CE ~ 83-02 - S~IOR BO~I~ O~Y D~I~ An ~endment to Section 6~.0217 of the Zoning Ordinance to include ~ overlay district containing various development incentives to produce senior citizen oriented multi-family housing, as well as site development and general overlay district location criteria. For consideration and Council consideration, continued from the March 2nd meeting. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Wil~ Brenner, ~mber of the VIP Club and senior citizen of Rancho Cucamonga. She urged Council to cut through the red tape in order to get these available for seniors as soon as possible. Larry Pearsons, Calmark Corporation, felt they could live with what is being presented tonight. The ~reement would ~et the needs of the City as well as themselves. Mimi Rahl, Lewis Homes, felt that several elements in the proposal were over restrictive. She went over each item. There being no further response from the public, ~yor ~kels closed the public hearing. City Clerk Wasserman read the title of Ordinance ';o. ~93. ORDINANCE NO. 193 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUC~ONGA, CALIFORNIA, AME~ING SECTION 61.0217 OF THE RANCHO CUCAMONGA INTERIM ZONING ORDINANCE CREATING A SENIOR HOUSING O~RLAY DISTRICT. Motion: Moved by Buquet, seconded by Schlosser to waive entire reading of Ordinance No. 193. Motion carried unanimously 5-0. Mr. Dahl statedhe had concerns with Ordinance No. ~93, Section 6a, "Reduction in Required On-site Parking." He felt the reduction in the required on-site parking to a minimum ratio of .5 non-covered parking spaces per unit was too low. He favored setti~ this at -7- After considerable discussion, Council concurred with the reco~ended change. Motion: Moved by Dahl, seconded by Schlosser to cha~e Section 6a in Ordinance No. 193 to require a ratio of .7 non-covered parking spaces per unit. Motion carried unanimously 5-0. ~yor ~kels set April 20 for second reading. City Clerk Wasserman read the title of Resolution No. 83-43. RESOLUTION NO. 83-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~ONGA, CALIFORNIA, ADOPTING SENIOR HOUSING OVERLAY DISTRICT ADMINISTRATIVE GUIDELINES. Motion: Moved by Dahl, seconded by Schlosser to approve Resolution No. 83-43 and to waive full reading. Motion carried unanimously 5-0. <~2) <~3) City Council Minutes April 6, 1983 Page 4 B. NN'VIROMAL aSSF..~ AND GMAL PLAN aM 83-03 - CALMARK. A request to amend the General Plan Land Use Plan from medium-high residential (14-24 dwelling units/acre) to high residential (24-30 dwelling units/acre) for the development of 161 affordable senior citizen apartments on approximately 4.55 acres of land located west of Archibald, and north of Base Line - APN 202-151-34. (Related file: PD 83-01). Item continued from the March 2, 1983 meeting. Staff report by Rick Gomez, City Planner. Mr. Buquet suggested that the parking area be relocated in order to increase the buffering between the two types of units. Larry Pearsons of Calmark stated that this would be possible. In fact they had already considered doing this and relocating the parking areas along the northern perimeter. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Frank Guayante, VIP Club member, expressed concerns regarding the mixing of the two types of housing, and also the issue of the heavy landscaping. He felt this would be conducive to hiding burgulars. Wilman Brenner started to respond to his concerns. Mayor Mikels directed her to speak to Mr. Guayante since she had been on a tour, had seen one of these projects, and understood the concerns. Sharon Romero asked where the recreational area was. She also asked if there was an access from the apartments to the shopping center without cutting through the senior citizens area, and is there something to keep the kids from shortcutting through the area. Mr. Gomez responded by pointing out the recretional area, and stated that there was a locked gate for access to the shopping center. Larry Pearson stated they had met with staff and the VIP group to mitigate most of the problems. There being no further public input, Mayor Mikels closed the public hearing. City Clerk Wasserman read the title of Resolution No. 83-26- RESOLUTION NO. 83-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE PLAN OF THE RANCHO CUCAMONGA GENERAL PLAN. Mr. Schlosser recommended that Resolution No. 83-26 be approved at the same time as the enabling Ordinance No. 201 is considered. Council concurred. C. ENVIRON~AL ASSES{ AND PLANNED DMvK~OP)~NT 83-01 (PARCEL MAP 78Z7) - CAMK. A change of zone from R-3 (multiple-family residential/planned development) to R-3/SO (multiple family residential/senior overlay) and the development of 269 apartment units, of which 161 are intended for senior citizens, on 9.78 acres generally located west of Archibald, north of Base Line - Parcel 2 of Parcel Map 5792 - APN 202-151-34. (Related file: GPA 83- 03). Item continued from the March 2, 1983 meeting. Staff report by Rick Gomez, City Planner. City Clerk Wasserman read the title of Ordinance No. 201. City Council Minutes April 6, 1983 Page 5 ORDINANCE NO. 201 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING A PORTION OF ASSESSOR'S PARCEL NUMBER 202-151- 34, DESCRIBED AS PARCEL 1 OR PARCEL MAP 7827 AND LOCATED WEST OF ARCHIBALD, NORTH OF BASE LINE FROM R-3/PD TO R- 3/S0. Motion: Moved by Buquet, seconded by Dahl to waive full reading of Ordinance No. 201. Motion carried unanimously 5-0. Mayor Mikels set April 20 for second reading. Motion: Moved by Buquet to relocate the parking at the south end of the market rate portion of the project to the north side of the project with the spaces dispersed around the outer edge of the market rate portion of the project in order for the original parking area to become an emergency access and buffer between the market rate housing and senior citizen housing. Larry Pearsons stated that the artist's rendering showed the emergency access to be a grass area. Motion by Mr. Buquet, seconded by Dahl was approved 5-0. Mr. Frost recommended that a second gate be put at the end of the sidewalk on the west side of the eul-de-sae. Mr. Buquet expressed that another gate and openin~ would create more problems. Mayor Mikeis recommended that we keep this as planned originally. As problems come up in the future, then the developer can add-'ess this at that time. Mayor Mikeis called a recess at 9:05 p.m. The meeting reconvened at 9:27 p.m. with all members of Council and staff present. D. VACATIOR OF A ~ORTIOM OF 711] STREET. Vacation of a portion of 7th Street adjacent to California Finished Metals located on the southeast corner of 7th Street and Center Avenue. Item continued from March 16, 1983- RESOLUTION NO. 83-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF 7TH STREET. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. Council concurred in continuing the item to May 18, 1983. E. ORDERING aNNEXATION NO. 12 FOR TRACT 10045 TO LANDSCAPE MatlNTENANCE DISTRICT NO. 1. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83-44. (14) (15) (16) (17) City Council Minutes April 6, 1983 Page 6 RESOLUTION NO. 83-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 12 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT NO. 10045. Motion: Moved by Schlosser, seconded by Buquet to approve Resolution No. 83- 44 and to waive full reading. Motion carried unanimously 5-0. F. CMIT~ DEVELOPMENT BLOCK GRANT PROGRAM: STATEMEMT OF COMT~ OBJECTI~F~/PR0(]RAM F~IMG. In order for the City to receive funding under the CDBG Program, the Federal Department of Housing and Community Development requires that the City publish, distribute and hold a public hearing on its intended program. Staff report by Rick Marks, Associate Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: William D. Swaine, 6964 Shamrock Lane, representing a group called, Concerned Citizens. He wanted to present a proposal in more detail to answer citizens anticipation for distribution of food to senior citizens and provide emergency shelters in addition to part time employment. He stated the proposal would outline how these would be accomplished. There being no further response from the public, Mayor Mikels closed the public hearing. Mr. Frost expressed to Mr. Swaine that he not put a whole lot of time in their presentation since he might be wasting time, unless the dollars come in from the federal government more quickly. Mr. Schlosser stated that this would be a duplicate program to one we have in the city already. We felt we should take care of our present programs first. City Clerk Wasserman read the title of Resolution No. 83-45. RESOLUTION NO. 83-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A STATEMENT OF COMMUNITY OBJECTIVES AND PROGRAM FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83-45 and to waive full reading. Motion carried unanimously 5-0. G. F~IROMAL ]k~E~ AND ZONING ORDINANCE ~ 83-01. An amendment to Chapter 1, Section 1.08.160 & 1.08.170 of the City of Rancho Cucamonga Municipal Code regarding home occupation permits. Staff Report by Rick Gomez, City Planner. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. Rick Gomez read the title of Ordinance No. 199- ORDINANCE NO. 199 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 1.08.160 AND 1.08.170 OF THE CITY OF RANCHO CUCAMONGA MUNICIPAL CODE REGARDING HOME OCCUPATION PERMITS. City Council Minutes April 6, 1983 Page 7 Mr. Dahl stated that because the economy has been so bad and money has been so tight that he has become interested in home occupations. He questioned item 9, "the use shall not involve storage of materials or supplies in an accessory building or outside any structures." in that there might be a need to have to require some structure to store things. Mr. Lam stated that a lot of the conditions which are attached to ordinances relate to the ability to enforce. There is seldom a problem with home occupations. Only in cases when a person is storing items excessively such as lot of lumber or machines. In these cases, this would allow us the enforcing ability. Mr. Dahl stated he felt the ordinance was necessary, but felt licensing should be exercised with discretion. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 199. Motion carried unanimously 5-0- Mayor Mikels set second reading of Ordinance No. 199 for April 20, 1983. 5- ORDINANCES FOR CONSIDERATION A. AM ORDI~CE E~TABLI~IM a TRAMSIMMT OCC~AMC~ T~X. An ordinance proposing a transient occupancy tax for motels. Staff report by Harry Empey, Finance Director. Mayor MikeIs opened the meeting for public hearing. There being none, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 197. ORDINANCE NO. 197 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.40 THERETO TO IMPOSE A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY. Motion: Moved by Schlosser, seconded by Dahl to waive full reading of Ordinance No. 197. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. 198. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: Frost ABSENT: None B. AM ORDIM~CE MBTABLI~IM ~ AD~IOM3 TH. An ordinance proposing an admissions tax for theaters and similar recreational activities. Staff report by Harry Empey, Finance Director. Mr. Wasserman announced that the Chamber of Commerce Legislative Committee had reviewed this ordinance this past week. It was approved 15-1. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 198. (~8) (20) City Council Minutes April 6, 1983 Page 8 ORDINANCE NO. 198 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 3.36 THERETO TO IMPOSE AN ADMISSIONS TAX. Motion: Moved by Schlosser, seconded by Dahl to waive full reading of Ordinance No. 198. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Buquet to approve Ordinance No. 198. Motion carried by the following vote: AYES: Buquet, Dahl Schlosser, Mikels NOES: Frost ABSENT: None C. All ORDINAlICE ~H~tDING SECTIONS ~ ~ 7 OF ORDINAlICE !iO. 87, CREATING All ADVISORY COMBION. Proposed amendments to the ordinance will create a Chairman from the membership of the Advisory Commission to serve one year at the Commission's pleasure, and fix terms of new members of the Advisory Commission at two years. Staff report by Jim Robinson, Assistant City Manager. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 87-A. ORDINANCE NO. 87-A (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCMAONGA, CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 2.28.070 OF THE RANCHO CUCAMONOA MUNICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS. Motion: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 87-A. Motion carried unanimously 5-0. Motion: Moved by Sehlosser, seconded by Dahl to approve Ordinance No. 87-A. Motion carried by the following vote: AYES: Dahl, Buquet, Sehlosser, Frost, Mikeis NOES: None ABSENT: None (21) 6. CIT~ !~AGER'S STAFF REPORTS A. REQUEST FOR CONSIDERATION OF WAIVER OF OFF-SITE 11MPROVEI4ENTS. A request has been submitted to the City Council to consider the waiver of off-site improvements located on Sierra Vista Drive. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikeis opened the meeting for comments from the applicant. Steven Sensenback presented his request to the Council. Discussion followed by Council regarding former prescedence. Motion: Moved by Dahl to deny the appeal and uphold the conditions of Ordinance No. 58 and to condition a lien agreement in connection with the development of the tract 9563. For lack of a second, the motion failed. City Council Minutes April 6, 1983 Page 9 Mr. Buquet stated he felt the applicant should not have to take up the improvements for half the street. Motion: Moved by Dahl, seconded by Frost to deny the appeal, uphold Ordinance No. 58, with conditions of a lien may be called in when a tract develops or the city develops the street. Motion carried by the following vote: AYES: Dahl, Sehlosser, Frost, Mikels NOES: Buquet ABSENT: None Mayor Mikels called a recess at 11:00 p.m. The meeting reconvened at 11:13 p.m. with all members of Council and staff present. B. REQ~F~T FOR RMCO~IDMRITION OF OMMMRAL PLAM aMMMDMMIT 83-01A. A request has been submitted by Raveewan Kanokvechayant, M.D. to appeal a Planning Commission decision relating to General Plan Amendment 83-01A. Staff report by Rick Gomez. Dr. "K" was present to request Council to continue this to May 4, 1983 although she had sent in a written request prior to the meeting. Motion: Moved by Dahl, seconded by Sehlosser to continue item to May 4, 1983- Motion carried unanimously 5-0. C. ALTJ LOMA PI.RK RMS'rORJ. TIOR ,STATOS REPORT. Presentation of bids for seeding and improvement of Alta Loma Park and review of project budget. Staff report by Lloyd Hubbs. Motion: Moved by Sehlosser, seconded by Dahl to approve staff's recommendation to award contacts to Sunrise Landscape for $21,000 and J. H. Concrete for $11,676.25, low bidders, and to appropriate a total of $76,000 from the Park Development fund to complete the Alta Loma Park Renovation Project. (CO 83-019 & C0 83-018) Mayor Mikels opened the meeting for public comment. There being none, the public portion of the meeting was closed. Motion carried unanimously 5-0. D. DISASTER REPAIR ALTERMATI~ES ANalYSIS FOR A~EMUES. Review of consultant's preliminary report on restoration and improvement of Hellman Avenue between San Bernardino Road and Palo Alto Street and Hermosa Avenue, south of 19th Street. Staff report and slides were presented by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. Motion: Moved by Buquet, seconded by Dahl to approve the full development program for Hellman Avenue. The program would combine reconstruction of Hellman with the Foothill and Hellman intersection project and construct Phase 1 of the Beryl-Hellman Storm Drain through a loan of the Systems Development funds to the Drainage Fee fund. Estimated project budget is $1,100,000. Motion carried unanimously 5-0. E. DMYM~OI~M!r~ OF A CITI FIMARCI]IL PL]IN. Council discussion of the need for a city financial plan with direction to staff as to the type of plan desired. Staff report by Jack Lam. (22) (23) (24) (25) City Council Minutes April 6, 1983 Page 10 (26) Mayor Mikels opened the meeting for public comment. Addressing Council were: Garry Brown, Executive Director of BIA, posed the following questions: Once the Plan was in place, needed to know (1) how it will be financed, (2) who will finance it, (3) what financial mechanisms exist. To talk about nees now is shortsighted because there is no long-term financial plan in place. Money had been spent a number of years agos and a Plan put together. However, the previous plan never really was completed and implemented. They were not asking to reinvent the wheel, but to complete and use the work done previously. Joe DiIorio felt it would be inconceivable not to complete a Financial Plan. He felt the following should be done: (1) get the Financial Task Force up and going, (2) get the update on the computer model up and going, (3) try to get some free services from financial ties, (4) then hire attorney's, etc. to put the package together, (5) representatives from the private sector, the BIA, and Chamber should be included. Mr. Dahl suggested that a Subcommittee of the Council be formed to study the five issues presented, and to come back to council with alternatives. The five issues are: a. What kind of financial plan does the Council find appropriate (short term or long-term)? b. What scope of work should the plan include (local, regiona, major task, etc.)? c. Should the financial forecasting model be converted to micro computer to allow local updating and accessibility? d. Extent of involvement of plan development and review? e. Now to pay for the study and level of participation to all interested parties? He felt the Mayor should be involved with this. Motion: Moved by Dahl, seconded by Schlosser to form a Subcommittee of Frost and Mikeis to work on this with those who have been working informally on this and to report back to Council. Motion carried unanimously 5-0. 61. AI)DIE~) ~: CO{{SIDER~ri"ION OF SUI~E:'ORTIN0 CI'I'Y OF P(140NA'S P,N{{~T FOR HAI{~ ~CINO AT THE LOS ~OEL~'-~ COu~rx F~RGROUI'fi)S. Mayor MikeIs opened the meeting for public comment. There being none, the public portion of the meeting was closed. Discussion followed by Council. Motion: Moved by Frost that the City take "no position" on the basis of inadequate information. Motion died for lack of a second. Motion: Moved by Buquet, seconded by Dahl to support the request by the City of Pomona. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, MikeIs NOES: None ABSENT: None ABSTAINED: Frost City Council Minutes April 6, 1983 Page 11 7- CIT~ ATTOR]M'S REPORTS A. ~RG~NCI' ORDI~CM TO ~E A ~RI~ ON ~ ~T~I~ OF ~T BUSI~. Report presented by Ted Hopson, Assistant City Attorney. ~. Hopson presented a reeo~endation from the City Attorney's Office to adopt a moratorium on adult businesses as an urgency measure for a period of 45 days. In the latter part of 1982, there were a number of appellate and supreme court decisions which came do~. There is a possibility that those court decisions my effect the ordinance which Rancho Cucamonga has adopted in the past. Because of their desire that the city not attempt to enforce unconstitutional ordinances, or that the ordinances that the City has not be declared to be unconstitutional as enforced, the reco~endation from the City Attorney's Office that Council adopt the ~ratorium that has been suggested with the findings that will allow Council on a 4/5's vote to adopt the ordinance as an emergency measure ~ieh would be effective ~ediately and for a period of 45 days. This is not in response to any particular problem or use, but is a ~y for us to be sure that what we do is consistent with the latest appellate cases. The moratorium would effect any type of use permit for an adult business as defined and would bar or prohibit ~y permit to be issued by the City duri~ the moratorium period in any zone in the City. Mayor ~kels asked for a definition of "adult business." ~. Hobson read Section 17.20.020 in the ~nicipal Code which defines "adult business" as any adult bookstore, adult mini-motion picture theater, adult motion picture theater, adult caberet, message establishment, or sexual novelty store. Mayor ~kels opened the ~eting for public cogent. There being none, the public portion of the meeting was closed. Motion: ~ved by Schlosser, seconded by Buquet to adopt Ordinance No. 200 as an urgency measure. City Clerk Wassermn read Ordinance No. 200 in its entirety. ORDINANCE NO. 200 AN ORDINANCE OF ~E CITY OF RANCHO CUC~ONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVER~ENT CODE SECTION 65858 TO IMPOSE A MORATORI~ ON ~E ~TABLISHMENT OF BULT BUSINESSES, A~ DECLARING THE URGENCY THEREOF. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, MikeIs NOES: None ABSENT: None (27) 8. COUNCIL BUSINESS A. CONSIDERATION OF SETTING A SPECIAL ADJOURNED COUNCIL I~ETING TO DISCUS3 THE M~-,-O-ROOS ~ITY FACILITIES ACT IN RELATIONSHIP TO CREATING A PARK I]4PROV~iNT DISTRICT. Council set up the following meetings: Tuesday, April 19, 1983 at 7:00 p.m., for Route 30 meeting. Monday, April 25, 7:00 p.m., Lions Park Community Center, to consider the Mello-Roos Community Facilities Act. Monday, May 2, 1983, 7:00 p.m., Lions Park Community Center, to consider Community Goals. (28) (29) (30) City Council Minutes April 6, 1983 Page 12 B. CO~rrIJ~UATIO~ OF DISCUSSION RE~ARDI~ ~DIAM ISLANDS FOR T~E CITY. Item was originally requested by Councilman Dahl at the March 16 city council meeting. Council requested that staff compile all city policies relating to median islands and bring back to council for further discussion. Councilman Dahl requested that the item be continued because of the lateness of the hour. Motion: Moved by Dahl, seconded by Buquet to continue item to the next meeting. Motion carried unanimously 5-0. C. STATUS REPORT ON FLOOD CONTROL I~ASURE W. Lloyd Hubbs, City Engineer presented item. He stated they are looking forward to placing this item on the November ballot. Mr. Buquet stated that two members from each City will be working on this. This time if there were cities who were not interested in this, they would be excluded. The next meeting will be April 21 at 9:00 a.m. at the Ontario Chamber of Commerce office. Mayor Mikels stated that both the parks issue and this one should not be on the same election. Some discussion followed regarding this. Motion: Moved by Buquet, seconded by Schlosser to support the effort for placing a Measure on the November ballot. Motion carried unanimously 5-0. 9. ADJOIIPd~NT Motion: Moved by Buquet, seconded by Dahl to adjourn to an Executive Session, not to reconvene this evening, but to reconvene on Monday, April 11, 1983 at 7:00 p.m. in the Lions Park Community Center for the Etiwanda Specific Plan Public Hearing. Motion carried unanimously 5-0. Meeting adjourned at 12:35 Respectfully submitted, Beverly Authelet Deputy City Clerk