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HomeMy WebLinkAbout1980/12/17 - Minutes December 17, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Resular Meeting 1. CALL TO ORDER. The regular meeting of the City Council was held in the Lion's Park Cormnunity Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, December 17, 1980. The meeting was called to order at 7:03 p.m. 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 were: City Manager, Lauren M. Wasserman; City Attorney, Samuel Crowe; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Planner, Barry Hogan; Finance Director, Harry Empey; Community Services Director, Bill Holley. Absent: City Engineer, Lloyd Hubbs. Approval of Minutes: Councilman Mikels requested the following changes: Page 3 of November 18 minutes, first paragraph to be "Councilman Mikels noted that the Fire District was considering a requirement of future developers to provide at least the fire station facilities for the District. That would result in some re- duction of the total finances needed to set up an additional substation where it is needed. In addition, Mr. Mikels noted that the oeprating costs of the District would continue to increase annually. Perhaps at some point the District may be unable to provide any personnel for new stations." Councilman Frost requested the following change on page 7 of the November 19~h minutes: '~Motion: Moved by Frost, seconded by Palombo to authorize the mayor to send a letter to the Board of Supervisors apprising them that the Council has directed the city attorney to investigate the feasibility of proceeding with legal action. Motion carried unanimously 5-0." Motion: Moved by Palombo, seconded by Frost to approve the minutes as corrected. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS. a. Advisory Commission will be meeting on Monday, December 22, at 6:00 p.m. in the Lion's Park Co~nunity Center just prior to the Planning Commission meeting. 3. CONSENT CALENDAR. Staff requested that item "d" be removed since the applicant was working with the staff to resolve the problems. a. Approval of Warrants - Register No. 80-12-17 for $560,570.95. b. Alcoholic Beverage License Application for R. Michael and Pamela L. McKenna; (i) The Hole in the Wall Deli', 9668 Base Line Road, Off-Sale Beer and Wine. c. Authorization for City Manager, Assistant City Manager, Finance Director, Community Services Director, and Council to attend the Employee Relations Institute, January 21-22 in San Francisco. City Council Minutes December 17, 1980 Page 2 (2) Rr--Req~e~-~o-~e~-p~b~e-hee~ng-~-~a~e~-~7-½9~-~-appea~-~-~san~ng ~o.~a~n-~ee~on-~eny~ng-Di~ee~o~-Re~ew-8~-~8. Item removed from agenda. e. Release of Bonds: Tract 9440: located on the west side of Hermosa, 500+ feet north of Banyan. Owner: Chevron Construction Co. Performance Bond (landscaping) $42,683.30 Tract 9636: located south of Lemon Avenue and west of Archibald Avenue. Owner: Crismar Development Corp. Cash Staking Bond $ 1,500.00 (3) f. Approval of Flood Control Agreement for Deer Creek Bridges. It is recommended that Council approve the agreement between the City and the San Bernardino County Flood Control District for the construction of the Deer Creek Bridges, Zone I, Fiscal Year 80-81. (4) g. Parcel Map 3534: Acceptance of Bonds and Agreement. It is recommended that Council accept bonds and agreement for off-site improve- ments at 8805 Hidden Farms Road. RESOLUTION NO. 80-112 A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROV~RENT AGREEMENT AND IMPROVEMENT SECURITY FOR 8805 HIDDEN FARMS ROAD (PARCEL MAP 3534). (5) h. Approval of Parcel Map 5130: It is recommended that Council authorize the City Clerk and City Engineer to sign the subject map. The map consists of three parcels located on the east side of Amethyst, south of 19th Street. RESOLUTION NO. 80-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5130. (6) i. Agreement Extension Request for Parcel Map 5269: H & S Properties, Inc. has requested additional time to complete the improvement on Parcel Map 5269 to complete the improvement on Parcel Map 5269 located east of Carnelian Street, north of Hillside Road. (7) J. Acceptance of Tract Map 11461: It is recommended that Council accept the subject tract map located on the northside of 19th Street, between Carnelian Street and Beryl. Owners: Lewis Homes. RESOLUTION NO. 80-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT NIrMBER 11461. (8) k. Cash Assignment Tract 9434: The subject tract developer, Chevron, has submitted for City acceptance a $5,000 cash assignment. It is recommended that Council direct the Finance Director to sign the assignment letter on behalf of the City, thus accept- ing said assignment and placing the same on deposit with the City. (9) 1. Purchase of Real Property by County Flood Control: The County Flood Control has declared its intention to purchase lands for use as flood control right-of-way in Rancho Cucamonga. Under Section 3775 of the Revenue and Taxation Code, the City is required to give its approval so that the property may be purchased. City Council Minutes December 17, 1980 Page 3 Motion: Moved by Palombo, seconded by Mikels for approval of the Consent Calendar with the exception of item "d" which was removed. Motion carried unanimously 5-0. 4. PUBLIC HEARINGS. 4A. SUBDIVISION ORDINANCE. Mr. Wasserman recommended that the item be continued (1£ to the January 7, 1981 meeting. Motion: Moved by Mtkeis, seconded by Palombo to continue the hearing of the Subdivision Ordinance No. 28-B to the January 7, 1981 City Council meeting. Motion approved unanimously 5-0. 4B. AN ORDINANCE RECOGNIZING HISTORIC LANDMARKS. Staff report by Bill Holley. (11 City Clerk Wasserman read the title of Ordinance No. 128. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5-0. ORDINANCE NO. 128 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DESIGNATING EACH AS A CITY HISTORIC LANDMARK. Mayor Schlosser opened the meeting for public hearing. Addressing Council was Leonard Gorczyca, Chairman of the Historical Commisssion, who recommended adoption of the Ordinance. There being no further public response, the Mayor closed the public hearing. Councilman Bridge stated that the Stobie house on Beryl was also a Sears and Roebuck home. Perhaps this one also warrants an historical designation. Motion: Moved by Mikels, seconded by Palombo to set January 7, 1981 for second reading. Motion carried unanimously 5-0. 4C. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGNATION AS CITY (12 POINTS OF HISTORICAL INTEREST. Staff report by Bill Holley. City Clerk Wasserman read the title of Ordinance No. 129. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5-0. ORDINANCE NO. 129 (first ~eading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE AOGAZZOTTI WINERY, SCHOWALTER GROVE ARCHAELOGICAL SITE, AND THE GEORGE AND JESSIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATURES OF THE CITY, AND THEREFORE, DESIGNATING EACH AS A POINT OF HISTORIC INTEREST. Mayor Schlosser opened the meeting for public hearing. Leonard Gorczyca, Chairman of the Historical Commission, spoke about the Schowalter Grove Archaelogical Site. He said there was no way to preserve this area, but he had taken extensive pictures all during the excavation of the site. There is evidence that this area was used in the making and curing of bricks which were used in the local area. There being no further public comment, the Mayor closed the public hearing. Motion: Moved by Palombo, seconded by Mikels to set January 7, 1981 for second reading. Motion carried unanimously 5-0. City Council Minutes December 17, 1980 Page 4 (13) 4D. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80-02 - LESNEY. Barry Hogan presented the staff report. A change of zone request from R-l-5 (single family) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa and Base Line Road, and the development of a 117 lot townhouse development consisting of 114 dwelling units. APN 202-182-13. City Clerk Wasserman read title of Ordinance No. 130. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried unanimously 5-0. ORDINANCE NO. 130 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NqYMBER 202-182-13 FROM R-l-5 TO P.D. FOR 10 ACRES LOCATED ON THE NORTHWEST CORNER OF HERMOSA AND BASE LINE ROAD. Councilman Mikels asked about the drainage at the intersection of Hermosa and Base Line and if this intersection would be improved at the same time the develop- ment went in. Mr. Hogan said the improvements along Base Line would improve the drainage also. The development would improve the north side along Hermosa, but engineering is looking at the other corners to see if improvements could be made at the same time. Mayor Schlosser opened the meeting for public hearing. There being no response, he closed the hearing. Motion: Moved by Bridge, seconded by Frost to set January 7, 1981 for second reading. Motion carried unanimously 5-0. (14)4E. SOLID WASTE DISPOSAL AGREEMENTS. Mr. Wasserman introduced the item, then turned the meeting over to the City Attorney to explain the changes. Councilman Mikels asked for an explanation as to what we were doing since a new ordinance number had been assigned to the ordinance. Mr. Crowe explained that since this was an entirely new Ordinance, a new number had been assigned. He assured Council that the old Ordinance No. 117 would be stamped repealed. Also, this referred to the new Resolution which appeared before Council, Resolution No. 80-120. City Clerk Wasserman read the title of Ordinance No. 132. Motion: Moved by Mikels, seconded by Palombo to waive further rea~ing. The motion carried unanimously 5-0. ORDINANCE NO. 132 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 117 AND PROVIDING FOR THE CONTROL, COLLECTION, I AND DISPOSAL OF REFUSE. Mayor Schlosser opened the meeting for public hearing. Those addressing Council were: Mel Hamner. He felt the incentives had been taken out of the competition by the granting of franchises and the Companies could adjust fees as they wished. John Rose. He stated that the new ordinance was still directed toward the citizens and not the companies. He also expressed dissatisfaction with the prepayment plan. Eugene Bianchin. Also stated opposition to the prepayment plan. T. H. Moody, 6466 Buckthorne. He expressed opposition to the mandatory section. There being no further public comment, the Mayor closed the public hearing. City Council Minutes December 17, 1980 Page 5 Motion: Moved by Mikels, seconded by Palombo to set January 7, 1981 for second reading of Ordinance No. 132. Motion carried unanimously 5-0. Mr. Wasserman then introduced Resolution No. 80-120. He stated that the resolution established rates for residential units throughout the City, set rates for citizens over 62 years of age, and set a penalty for non-payment. Mayor Schlosser suggested the amount for senior citizens be set at $1.00 per month off the regular amount. Councilmen Bridge and Mikels said the concurred with this. Councilman Mikels stated that there had been different rates throughout the City. He said that $5.50 was the last rate before the unapproved rate had been put into effect. He said the Resolution should reflect the $5.50 per month rate. Councilman Mikels suggested that the rates in Resolution No. 80-120 be set at $5.50 per month and set the Senior Citizens rate at $4.50 per month as a uniform rate throughout the entire City of Rancho Cucamonga. Councilman Frost suggested that the penalty for non-payment section be deleted. Mayor Schlosser opened the meeting for public hearing. Addressing Council were: John Rose. He said there should be special exemptions for those who were under 62 years of age, but had special financial burdens. Mr. Wasserman said these could be handled on an individual basis. Mr. Rose said he was still against the pre- payment plan. Ed. Hamilton, Church Street. He said he would like to see a special rate for those who used the large bins. Mr. Wasserman said these were considered commercial and the ordinance and resolution dealt only with the residential. There being no further public response, the Mayor closed the public hearing. Motion: Moved by Mikels, seconded by Bridge to adopt Resolution No. 80-120 with (15] the suggested rates of $5.50 per month and $4.50 per month for senior citizens, with a uniform rate throughout the city, to delete the penalty for non-payment section, and to waive the entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 80-120. RESOLUTION NO. 80-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF RE~USE IN THE CItY OF RANCHO CUCAMONGA. Regarding the Franchise Agreements: Council concurred in mending a letter to the Refuse Companies with a copy of the franchise agreement signed by the Mayor. Sample letter had been presented to Council in the agenda packet. Mr. Wasserman suggested that Council read the report which had been submitted by Yukon Disposal Company. Council concurred, and acknowledged for public record that they had received the report from Yukon Disposal. Mayor Schlosser called a recess at 8:30 p.m. The meeting reconvened at 8:45 p.m. with all members of the Council present. City Council Minutes December 17, 1980 Page 6 (16) 4F. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80-15 - LANDMARK. Staff report was presented by Barry Hogan. A change of zone from A-1 (limited egrleultural} to R-2 (two family residential) for 12 acres located west of Beryl, south of Mignonett. APN 202-032-71. City Clerk Wasserman read the title of Ordinance No. 131. Motion: Moved by Palombo, seconded by Frost to waive the entire reading. Motion carried unanimously 5-0. ORDINANCE NO. 131 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-032-71 FROM A-1 TO R-2 FOR 12 ACRES LOCATED WEST OF BERYL, SOUTH OF MIGNONETTE. Mayor Schlosser opened the meeting for public hearing. 'Addressing Council was Mr. Bill Blanchard, 131 Avalon Street. He expressed concern about the A-1 section and about the direct access to the project. There being no further public comment, the Mayor closed the public hearing. Council e~essed concern about the access problem, but decided to set January 7, 1981 for second reading of the Ordinance. In the meantime, each Councilman would inspect the area personally. (17)4G. VACATION OF A PORTION OF CENTER AVENUE. A public hearing on the vacation of 6 feet of right-of-way on the east side of Center Avenue between Foothill Boulevard and Church Street. The vacation has been requested by the Data Design Corporation. Staff report was presented by Paul Rougeau. Mayor Schlosser opened the meeting for public hearing. Addressing Council was Mr. Ed. W. Baker, Data Design Laboratories. Councilman Frost expressed concern that if we had basically incompatible uses border- ing one another -- residential versus commercial -- that there should be additional buffering provided for the residents. He also said that he is not convinced that Center Street might not become a more intense north/south carrier than it is now. For that reason, he felt it would be better to proceed with the vacation in six to eight months from now when we have a better look at what the City will be like in the future and the General Plan is adopted. Motion: Moved by Bridge, seconded by Palombo to grant the vacation request with the approved maintenance agreement with Data Design Laboratories, to approve Resolution No. 80-89, and to waive the entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: Frost. ABSENT: None. City Clerk Wasserman read the title of Resolution No. 80-89. RESOLUTION NO. 80-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF CENTER AVENUE AS SHOWN ON MAP NO. V-O08 ON FILE IN THE CITY CLERK'S OFFICE OF THE CITY OF RANCHO CUCAMONGA. City Council Minutes December 17, 1980 Page 7 5. CITY MANAGER'S STAFF REPORTS. 5A. PROJECT ESPERANZA MID-YEAR BUDGET REQUEST. Project Esperanza is requesting (16 $5,283 to supplement the recreation and administration portion of their program. Staff report by Bill Holley. Mayor Schlosser opened the meeting for public input. Speaking to Council was Dr. Navarro, Executive Director of the National Institute for Community Development. Dr. Navarro explained the purpose of the request. Motion: Moved by Palombo, seconded by Bridge to deny the request considering the time of year and the city's budget constraints. Motion carried unanimously 5-0. 5B. PROPOSED SPECIAL STATEWIDE ELECTION OF JUNE 2~ 1981 TO DETERMINE THE FATE (19 OF THE PERIPHERAL CANAL. Report was presented by Lauren Wasserman. Assemblyman Ross Johnson and Senator Ruben Ayala have introduced urgency legislation, AB-9, which would call a statewide election to determine the fate of the Pheripheral Canal. Without the canal, Southern California would need extra time to develop alternative water supplies with the impending loss of Colorado River water. Motion: Moved by Mikels, seconded by Palombo to approve the support of AB-9. Motion carried unanimously 5-0. 5C. EqUESTRIAN/HIKING TRAILS ON FLOOD CONTROL RIGHT-OF-WAY. Staff report presented (20 by Jack Lam. It was staff's recor~nendation that the City Council adopt Resolution No. 80-115 and to direct staff to prepare a letter for the Mayor's signature to the Board of Supervisors asking for their cooperation in the use of the Flood Control right-of- ways for equestrian/hiking trail purposes. Councilman Bridge said that for a number of years the citizens have been trying to get the use of the flood control right-of-ways for the use of hiking and equestrian trails. Motion: Moved by Bridge, seconded by Palombo to take strong action to use the flood control right-of-ways for equestrian/hiking trail purposes by sending a strongly worded letter to the Board of Supervisors stating we would not want to preclude the use for other than flood control use when other uses are feasible. Also, to approve Resolution No. 80-115 and to waive the entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 80-115. RESOLUTION NO. 80-115 A RESOLUTION OF THE CItY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXPRESSING CONCERN AND DESIRE FOR THE USE OF FLOOD CONTROL RIGHT-OF- WAYS FOR EQUESTRIAN/HIKING TRAIL PURPOSES. 5D. APPROVAL OF RESOLUTIONS FOR THE ESTABLISHMENT OF AN ASSESSMENT DISTRICT. (211 Staff report by Lloyd Hubbs. Mr. Hubbs turned the meeting over to Mr. Walt Hamilton who presented the boundaries of the Assessment District. Mr. Brown presented the procedures necessary to form the Assessment District. Mayor Schlosser opened the meeting for public input. Concern was expressed by Mr. Doug Hone that we should not proceed with the setting of the public hearing until after the Chamber's meeting which would be the next day. City Council Minutes December 17, 1980 Page 8 Joe DiIorio expressed that this would only be the setting of a public hearing on January 21. Small groups would have plenty of time to meet to d~scuss the assessment district before that hearing date. It would be at the public hearing that all comments should be made, he said. He recommended that the Council proceed. Motion: Moved by Mikels, seconded by Palombo to continue action on this item to the January 7, 1981 City Council meeting. The motion carried by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: Frost. ABSENT: None. Councilman Frost said he voted against this motion since he did not feel it would preclude the Chamber from providing input so we could have continued the hearings as scheduled. 6. CITY ATTORNEY'S REPORTS. There were none. 7. COUNCIL MATTERS. 7A. REPORT REGARDING TfIE JOINT FEASIBILITY STUDY ON THE FIRE DISTRICT. Council- man Mikels presented a report from the Feasibility Study Committee of which he was Chairman. He said that both the Fire District and the City had financial constraints; that it would not be feasible for the Fire District to be absorbed into the city at this time. But at some point in the future, perhaps when we get the regional shopping center, would be better timing. He stated that the Fire Distzict will be seeking voter approval for additional funds. 8. ADJOURNMENT. Motion: Moved by Palombo, seconded by Frost to adjourn to an Executive Session not to reconvene. The motion carried unanimously. The meeting adjourned at 10:20 p.m. Respec tivel~y submitted, Beverly Authelet Deputy City Clerk