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HomeMy WebLinkAbout1981/03/18 - Minutes March 18, 1981 CITY OF ~%NCHO CUC~MONGA 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 Base Line Road, Rancho Cucamonga, on Wednesday, March 18, 1981. The meeting was called to order by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jori D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present: City Manager Luaren M. Wasserman, Assistant City Manager James Robinson, City Attorney Samuel Crowe, City Planner Barry Hogan, Community Services Director William Holley, and Finance Director Harry Empey. Absent: Community Development Director Jack Lam and City Engineer Lloyd Hubbs. Approval of Minutes: Motion: Moved by Palombo, seconded by Frost to approve the minutes of March 4, 1981. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS. a. An Executive Session will follow after the adjournment of the meeting. b. Staff requested that item 5-C be removed from the Agenda. "Request to consider a Resolution establishing elective boundaries." c. Councilman Mikels announced that last Saturday, March 14, both he and the City Manager met with Assemblyman Jim Cramer to discuss the financial pro- blems which would be encountered by the City of Rancho Cucamonga if we lost bail-out assistance from the State. He felt they were successful in getting Mr. Cramer to understand the city's positon. d. Mr. Wasserman briefed the Council on the Board of Supervisors meeting which was held on Monday, March 16. He said the Supervisors were discussing the division of park bond money with the cities. He said that 51% of the cities in the County had to approve the formula for dividing the money. He said there was no agreement. He said the funds will be lost if they cannot agree. However, it is hoped that this can be salvaged although at the moment it is doubtful since the State has received many differing reports. Councilman Bridge said it would be appropriate and beneficial to authorize the City Manager the power to negotiate for the Council. He said one of the problems at the hearing was the city manager's did not have this power. Motion: Moved by Bridge, seconded by Palombo to authorize the City Manager and or Mayor the power to negotiate for the City in trying to reach an agree- ment regarding the division of park bond money so the funds will not be lost entirely. Motion carried unanimously 5-0. e. Councilman Palombo said he had attended a meeting at which March Fong Eu presented a plan to be followed at National elections which would help elimin- ate the problem encountered this past election when the polls in the East closed and candidates conceded before the polls in California were closed. It has been estimated that a great many did not vote because of this. Her suggesttion is for the polls to be open for a period of three hours on Monday and on Tuesday to close the polls at 4:00 p.m. City Council Minutes March 18, 1981 Page 2 3. CONSENT CA~LENDAR. a. Approval of Warrants, Register No. 81-3-18 for $315,216.97. (1) b. Request authorization to complete sale of City land to San Bernardino County Flood Control District for construction of Demens Channel. (2) c. Acceptance of North Town Street and Drainage Improvements. Recommend that (3) Council accept as complete the North Town Street and Drainage Improvements and authorize the City Engineer to file the Notice of Completion and re- lease Performance Bonds. RESOLUTION NO. 81-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE NORTH TOWN STREET AND DRAINAGE IMPROVE- MENTS AND AUTHORIZING THE FILING OF COMPLETION FOR THE WORK. (4) d. Quitclaim Deeds for abandonment of Easements for Chestnut Street. Recommend that Council approve the abandonment of easements granted to the City by Victor Cherbak for Chestnut Street. RESOLUTION. NO. 81-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING AND EXECUTING A QUITCLAIM DEED. (5) e. Request to set for public hearing on April 1, 1981 an appeal of Planning Commission Conditional Approval of Tentative Tract Map No. 9441. (6) f. Request to s~t for public hearing on April 1, 1981 for an appeal of Planning Commission Conditional Approval of Tentative Tract Map No. 11609. (7) g. Added item: Release of Bonds and Notice of Completion. (8) Parcel ~iap 4869 located on the southeast corner of Base Line and Carnelian. Owner: C/L, Inc. Faithful Performance Bond (road) for $45,000. Tract 9403 located north of Highland and east of Mayberry. Owner: Olympus Pacific. Recommended that bonds be release and notices of completion be filed by the City Engineer. Motion: Moved by Mikels, seconded by Palombo to approve the Consent Calendar as presented. Motion carried unanimously 5-0. 4. PUBLIC HEARINGS. 4A. Item was delayed since public notices had been sent out stating the meeting would be at 7:30 p.m. Council concurred to go to the next item first. (9) 4B. CODE ENFORCEMENT PROGRAM. Staff report by Barry Hogan. City Clerk Wasserman read title of Ordinance No. 139. ORDINANCE NO. 139 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A GENERAL PENALTY FOR WILLFUL FAILURE TO APPEAR AS INDICATED ON A CITATION ISSUED FOR VIOt2%TIONS OF ORDINkNCES OF THE CITY OF RANCHO CUCAMONGA. City Council Minutes March 18, 1981 Page 3 Motion: Moved by Palombo, seconded by Frost to waive further reading. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Palombo, seconded by Mikels to approve Ordinance No. 139. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. Councilman Palombo stated that since the problems specifically require police power, he felt the employees involved should have some type of informal training. 4A. MOBILE HOME RENT REVIEW. (lC Mr. Robinson turned the meeting over to the attorney representing five of the mobile home parks: Alta Laguna, Alta Vista, Chapparel Heights, The Pines, and Ramona Villa. Mr. Steven White, attorney, presented Council with petitions from residents of the five parks totaling 474 signatures. He read the petition: "We, the undersigned residents of the City of Rancho Cucamonga, residing in the Mobile Home Park know as , located at , where we rent spaces to accommodate ~ our mobile homes. Due to continuing rent increases, which always seem to exceed the cost of living index and annual rate of inflation, we hereby petition the City of Rancho Cucamonga to enact an ordinance establishing a rent control or stabliliza- tion board to review past, present, and future rent increases to determine if they are justifiable, both to the owner and to the tenant, and if they are not justifiable to take the necessary steps to remedy the situation. Whereas, we 'feel the park owner is entitled to realize a reasonable return from his investment, there are instances where that return might be termed unreasonable, or excessive. This creates undue financial hardship on many of us who are living on fixed incomes that could cause some of us to seek County, State or Federal Aid. Relocation of our homes is not the answer as the relocation cost is financially insurmountable, costing from $2500 to $5000 depending on the size of our homes, distance of the move, etc." Mayor Schlosser asked that spokesmen for the residents speak now. (There were an estimate of approximately 250 park residents present). * Harry Pate, Alta Laguna resident. He expressed there has been an increase of approximately 25% per year. * Mr. Glen Bray, Chapparel Height's resident. He said they were told that the last rate increase was b~cause of the increase cost of utilities. He felt the owners had a protection with Proposition 13 since their taxes did not go up. * Mr. Verne Maxie, representative for Supervisor Cal MacElwain on the Senior Citizens Commission and employee of the Gas Company. He addressed the issue of the senior citizen who was on fixed income. Councilman Frost asked Mr. Maxie if the County was taking a position in this since he said he represented Cai MacElwain. Mr. Maxie said no, he was a representative of Mr. MacElwain's for the Senior Citizens Commission. The opinions expressed were his own. * Mr. Sampson, Alta Laguna resident. Addressed the issue of the widows and the hardship on them. Mayor Schlosser opened the meeting for comments from the Park Owners and their representatives. City Council Minutes March 18, 1981 Page 4 * Brent Swanson, attorney representing the park owners. He emphasized that in order to implement rent control procedures, the Council must make the following findings: 1. There is a low vacancy factor. 2. There are rapidly rising rents which is a consistent pattern in the community, not in jut one or two parks. 3. Rents rising are not attributable to other normal economic factors, but are attributable to the low vacancy factor. 4. There is substantial economic detriment being done to the residents. * Howard Sunderland, owner of Chapparel Heights. * Dale Taro, park manager of Alta Laguna. * William Semain, owner of Alta Vista. * Mrs. Carli Crowder, owner of Casa Valente. * Betty Yukech, manager of Casa Valente. * Virgil Payne, representing Mr. Williams, owner of Ramona Vi~la. * Jim Koski, 9580 Horseshoe Bar Road, Western Mobile Home Association. He presented ways which other cities and counties have used to hel~ resolve the problem: a. Can give priority status to mobile home tenants to receive Section 8 rent subsidy monies. b. Create proper zoning and encourage development of more mobile home parks. (San Diego is a leader in this in the State). c. Take redevelopment money assigned for affordable housing to sub- sidize rents. (City of Garden Grove has done this). d. Counties get into equity partnership arrangements with mobile home owners and help subsidize rents by equity partnership arrangement. e. Block grants coming from federal government. Use these funds to develop programs for mobile home or apartment tenants. After allowing time for rebuttals, Mayor Schlosser closed the public portion of the meeting. Councilman Palombo suggested that a rent review committee be established with re- presentatives from the park residents (8), representatives from the park owners (2), council representatives (2), and representative from the Advisory Commission (1). Councilman Mikels suggested that Council continue this item for two weeks in order to study the various alternatives. Councilman Bridge stated he would rather rely upon staff to search out the alter- natives and come back to Council for a decision. He felt it was Council's responsibility to make these harder decisions without delegating it. Councilman Frost suggested a compromise -- that a council representative and staff representative meet with one park owner and one park resident. Motion: Moved by Bridge, seconded by Mikels to continue the discussion to April 1, 1981 and to make a committee selection at that time. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: Palombo. City Council }flnut~s March 18, 1981 Page 5 Mayor Schlosser called a recess at 9:25 p.m. The meeting reconvened at 9:55 p.m. with all members of the Council and staff present. 4C. REQUEST TO CONSIDER PROPOSED MODIFICATIONS TO THE OMNITRANS ROUTES TO MEET (11) SB-620 REQUIREMENTS. Staff report by Jim Robinson. Mr. Robinson reported on the staff's recommended changes for the current level of service for Routes 50 and 60. * Route 50~ Alta Loma - Cucamon~a. Eliminate service up Hellman and Layton and on Base Line. Extend service on Foothill to include a portion of Baker and Arrow. Eliminate Sunday service. * Route 60~ Chaffey College. Retain the current route and current 40 minute frequency of service. Staff would like more time to consider and evaluate appropriate hours of operation. * Dial-A-Ride. Retain existing level of service of one vehicle from 9a.m. to 5 p.m. seven days a week. * Direct staff to periodically evaluate and report to the Council the ridership and fare box return for Route 50, Route 60, and Dial-A-Ride. Mr. Bob Chafin, General Manager of Omnitrans was present. He made a counter proposal with changes in the Route 50 in particular. Councilman Mikels stated that this was the third routing system which Omnitrans has proposed. He suggested that council adopt the route as proposed by staff to start with and to modify this later if we feel it is appropriate after studying the new proposal by Omnitrans. Motion: Moved by Mikels, eeconded by Palombo to approve staff's recommendation for route changes and to implement the servic~July 1, 1981. In the meantime staff should evaluate the recommended hours of operation and Omnitrans new pro- posal and bring back to the City Council any recommended changes. Motion carried unanimously 5-0. 4D. ZONE CHANGE NO. 80-12 - BARMAKIAN. A request for a zone change from A-I- 5 (12~ (limited agriculture, 5 acre minimum lot size) to R-l-20 (single family residential, 20,000 sq. ft. minimum lot size) for 24.36 acres of land located on the north side of Almond Road, east of Carnelian Street - APN 202-181-07. Staff report by Barry Hogan. City Clerk Wasserman read title of Ordinance No. 140. ORDINANCE NO. 140 (first ~eading) AN ORDINANCE OF THE CITY COUNCIL OF THE CIIY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 202-181-07 FROM A-l-5 TO R-l-20 FOR PROPER~Y LOCATED ON THE NORTH SIDE OF ALMOND ROAD, EAST OF CARNELIAN STREET. Motion: Moved by Mikels, seconded by Bridge to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Schlosser set April 1 for second reading. City Council Minutes March 18, 1981 Page 6 (13) 4E. HISTORIC I~NDMARK DESIGNATION. Designation of street tree plantings on Highland Avenue between Etiwanda Avenue and East Avenue as a historic landmark. Staff report by Bill Holley. Councilman Bridge asked what Caltrans would do when the street needed to be widened. Mr. Holley said that Caltrans was at the meeting when the Historic Commission held its public hearing. ~heir question was why would the Council want to save the trees. Mr. Holley said there were several alternatives: could put the trees within a center median or perhaos they could divide a future high- way. City Clerk Wasserman read title of Ordinance No. 141. ORDINANCE NO. 141 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE PALM AND EUCALYPTUS STREET PLANTINGS ON HIGHLAND AVENUE BE%WEEN ETIWANDA AVENUE AND EAST AVENUE AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY, AND THEREFORE, DESIGNATING IT AS A CItY HISTORIC Motion: Moved by Frost, seconded by Palombo to waive further reading. Motion carried unanimously 5-0. Councilman Frost if this referred to trees on both the north and south. He said the palms do not go all the way to East Avenue. He felt there should be some type of refinement in the ordinance. Mr. Holley stated it was the intent to give the entire section a special treat- ment and to recommend it cover any kind of tree in that area. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Schlosser set April 1, 1981 for second reading. 5. CI%~f MANAGER'S STAFF REPORTS. (14) 5A. A REQUEST BY THE INLAND EMPIRE CULTURAL FOUNDATION. Staff report by Lauren Wasserman. The Inland Empire Cultural Foundation had been retained by the San Bernardino County Board of Supervisors under contract to conduct an assessment of needs in the field of cultural arts and, from this, develop a county-wide comprehensive arts plan. This was being done under a grant from the California Arts Council as part of its State/Local Partnership Program. Mr. Jim Hardesti, from the Cultural Foundation was present to answer any questions of the Council. Motion: Moved by Mikels, seconded by Palombo to continue this in order to look into the request and the Resolution since they had not seen this prior to the meeting. Motion failed by the following vote: AYES: Mikels, Palombo. NOES: Frost, Bridge, and Schlosser. Motion: Moved by Bridge, seconded by Palombo to turn down the request and to turn down any money from the grant. Motion carried by the following vote: AYES: Palombo, Bridge, Schlosser. NOES: Mikels, Frost. Councilman Frost stated he would support to turn down the request of support, but felt if there were monies coming, the city should have their share. City Council Minutc~ March 18, 1981 Page 7 5B. REQUEST TO RECONSIDER REVERSION TO ACREAGE FOR TRACTS 9399 AND 9400 NORTH (15) SIDE OF BANYAN BETWEEN CARNELIAN AND BERYL. Staff report by Barry Hogan. Last year the City Council took action to revert to acreage Tracts 9399 and 9400 because the owners of the tract had allowed the improvement agreement and bond to lapse on the County approved tracts. However, a quirk in the Subdivision Map Act requires that the signature of the property owner is necessary in order to record a reversion map. The owner in this case does not wish to sign. Mr. Jerry Wilson, engineer for the project, was present to answer any questions that Council might have. After some discussion, Council agreed that three months would be reasonable time for the applicant to secure his loans. Motion: Moved by Bridge, seconded by Palombo to hold off any action for a period of three months in order to see if bonds are reestablished and to remove the reversion if the bonds are submitted within three months which would be July 1. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: Frost. 5C. REQUEST TO CONSIDER A RESOLUTION ESTABLISHING ELECTIVE BOUNDARIES. (16) Staff had requested that item be removed from the Agenda. ................... (re d) A--R~SQt~-T .... n~ ~E CITY COL~;C-IL v. ^ .... ~,~ ~. C~ R~NC-HS--C-UC~MONGA, C~IUO~, URGING CO'IDEaTiON O~v F~GI~{HER~~~B~IES I~ SD. REQUEST FOR A PRE-BUDGET STUDY SESSION. Staff report by Lauren Wasserman. Staff was requesting a pre-budget study time with the Council. It was decided by Council to set aside Thursday, April 2, with April 9 as an alternative date, pending confirmation from Councilman Bridge the following day. The meeting would be held in the Lion's Park Community Center at 5:30 p.m. 6. CITY ATTORNEY'S REPORTS. Mr. Crowe stated that he did not have anything to report. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn to an Executive Session to recenvene on March 23 at 7:00 p.m. for the General Plan public hearing. Motion carried unanimously. The meeting adjourned at 11:10 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk