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HomeMy WebLinkAbout1980/11/19 - Minutes November 19, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ 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, November 19, 1980. The meeting was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the pledge of allegiance to the flag. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present: City Manager, Lauren Wasserman; Assistant City Manager, Jim Robinson; City Attorney, Samuel Crowe; Community Development Director, Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes of September 3, 1980: The minutes had previously been submitted for approval. However, discussion on items which had been removed from the Consent Calendar had been omitted. Motion: Moved by Palombo, seconded by Mikels to approve the corrected minutes. Motion carried 5-0. 2. ANNOUNCEMENTS. a. Ruth Fletcher, an employee of the Community Services Department, introduced a gentleman who was directing a vaudville presentation with the Senior Citizens. He was requesting the Council's financial assistance. Mayor Schlosser said that he would see he received the needed help. b. Leonard Gorczyca had been elected Chairman of the Historical Commission for 1981. c. Monday, November 24 at 1:30 p.m. there would be a meeting in the Central School District Office at which time the County would be presenting the lastest proposal for the law and Justice center. d. Mikels had attended a meeting with the Los Angeles Airport Board of Commissioners He said it was unanimously decided to increase the study area boundaries for the ground access study and to incorporate Rancho Cucamonga in the committee. e. Schlosser announced that the Council and Fire District held a meeting to discuss the possibility of the Fire District becoming a part of the city. A committee had be~n formed to study the feasibility of this.with Councilman Mikels being appointed the Chairman and Councilman Palombo serving as a member. Two repre- sentatives from the Fire District Board would also serve on the committee along with staff members from the Fire District and the City. The purpose of the committee was to investigate the feasibility of merging the Fire District with the the City. f. Councilman Frost said he had attended a meeting in Riverside which was conducted by the United California Bank regarding the outlook for 1981. He briefly out- lined the points covered at the meeting regarding the forecasting systeming and how it works. g. Frost announced that he had attended a "town meeting" held in Etiwanda on the 13th of November. He said that concern was expressed by the residents that the city was overextending themselves with the abundance of meetings and concerned about the adequacy of the job because of the total hours involved. h. Mikels expressed that his six-month term on the Finance Committee had expired. Motion: Moved by Frost, seconded by Mikels to appoint Palombo for the next term of six months on the Finance Committee. Motion carried unanimously 5-0. City Council Minutes November 19, 1980 Page 2 3. CONSENT CALENDAR. Councilman Palombo requested an explanation by staff on item "d", authorization to submit a grant application to the California Solid Waste Management Board. Mr. Wasserman said this was a program we had participated in before and felt it was a worthwhile in order to do some cleanup work in the city. Councilman Mikels asked if item "i", upgrading of reproduction equipment, was a budgeted item. Mr. Empey said it was not; however, the present machine has a capacity of approximately 40,000 copies per month. The Community Development Department alone is producing approximately 45,000 copies per month. Therefore, staff is recommending that money be appropriated from the contingency fund and placed in the Community Development Department account for the upgrading of this equipment. Councilman Mikels requested for an itemization of expenditures from the contingency fund this year. Mr. Empey said he would see that this was put in the Council's mail boxes. The following Consent Calendar was presented to Council for approval. a. Approval of Warrants - Register No. 80-11-19 for $523,555.77. (1) b. Alcoholic Beverage License for off-sale general. Forrest L. and Lilianne M. Perry, Perry's Farm Mart, 9477 Foothill Boulevard. (2) c. Authorization to submit a grant application to the California Solid Waste Management Board for equipment to further control litter within Rancho Cucamonga. Amount of grant application: $7,471.00. Reco~nend: It is recommended that the City Council adopt Resolution No. 80-104 authorizing the submittal of an application to participate in the California State Solid Waste Management Grant Program (litter control). RESOLUTION NO. 80-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980. (3) d. Set public hearing for December 3, 1980 on the Subdivision Ordinance. (4) e. Approval to advetise Church Street and Highland Avenue reconstruction project. Recommendation: It is recommended that the City Council approve the advertising of Church Street and Highland Avenue Reconstruction Project. the reconstruction work will include the resurfacing, reconstruction, and minor wi~ening of Church Street from Archibald to Hermosa and Highland Avenue from Hermosa to Haven. (5) f. Acceptance of Bonds and Agreements for Parcel Map No. 6322. Located on (6) the north side of Foothill Boulevard east of Vineyard. Owner: Lewis Development Co. and Developer: G.V.D. Commercial Properties, Inc. Faithful Performance $233,000 Labor & Material 111,500 RESOLUTION NO. 80-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6322, (TENTATIVE PARCEL MAP NO. 6322), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. City Council Minutes November 19, 1980 Page 3 g. Release of Bonds. (7 Parcel Map 4907: located on the northeast corner of Cleveland and 4th Streets. Owner: Kacor Development Co. Cash Staking Bond $ 2,500 Minor Subdivision 78-0046: located at Hellman Avenue and 9th Street. Owner: Mr. A. W. Davies. Faithful Performance Bond (road) $11,000 h. Acquisition of Industrial Equipment Trailer. (8 Recommendation: It is recommended that the City Council authorize the Finance Director to purchase one Industrial Equipment Trailer and to award the bid to Turner Inc., the lowest qualified bidder, as per city specifications, for the bid price of $6,000.00. i. Upgrading of Reproduction Equipment. (9 Recommendation: It is recommended that the City Council authorize the Finance Director to proceed with the rental of an IBM Copier III with the reduction feature at a total cost of $768.57 per month for the first 15,000 copies. Copies in excess of this would cost .0173 cents per copy, and those copies exceeding 30,000 for .011 cents per copy. Motion: Moved by Mikels, seconded by Palotabo to approve the Consent Calendar. Motion carried unanimously 5-0. 4. CONTINUED ITEM: SOLID WASTE DISPOSAL FRANCHISE AGREEMENT. Il em had been con- (10 tinued from the October 15, 1980 City Council meeting. Mayor Schlosser introduced the item by stating that at the October 15 meeting the Council heard the citizens' position. This evening the Council would state their position. Each Councilman then stated his personal views regarding the refuse franchise. After each Councilman had an opportunity to express his views, the following directions were given to Staff: 1. There were not to be strict mandatory requirements, but to allow for exemptions to~ those requesting to take trash to the dump themselves oro- viding they keep the receipts to show trash is being disposed of ~roperly. 2. There are to be no territorial rate differences, but one rate throughout the City. Also, to keep the territorial boundaries as they are. 3. There are to be no limits on the number of containers, but a limit set on weight, size, etc. (No large items such as furniture, applicances, rocks, etc.). 4. There is to be a special senior citizens' rate. Staff is to come up with suggestions for defining the term, "senior citizen." 5. To continue with the three month pre-payment as already established. 6. Rates are to be rolled back to the previous rate before the last increase. Council will approve all rates in the future. 7. There is to be an annual review by the City Council by action. This is not to be part of the Consent Calendar. 8.The companies are to be put on notice that the amoritization period starts. To have a continual, rolling five-year intervals in the contracts. 9. To rescind all current agreements. City Council Minutes November 19, 1980 Page 4 Motion: Moved by Bridge, seconded by Palombo that the policies discussed be incorporated into a new ordinance and be presented to Council at the December 17 meeting. Motion carried unanimously 5-0. Mayor Schlosser called a recess at 8:30 p.m. The meeting reconvened at 8:55 p.m. with all members of Council and staff present. 5. PUBLIC HEARINGS. (ll)5A. VACATION OF A PORTION OF CENTER AVENUE. Staff had recommended this be denied since there had not been any response from the applicant. However, a letter had been received after the agenda packets had been put together from the applicant stating that they would be happy to commit to a Landscape Maintenance Agreement and desired the approval of the vacation of Center Avenue. Therefore, Mr. Hubbs stated it was his recommendation to continue this item. Motion: Moved by Mikels, seconded by Palombo to continue this item to the December 17 meeting. Motion carried unanimously 5-0. Councilman Frost asked what would be the benefit from a landscape maintenance agreement and what if we chose not to vacate? He stated that he felt we would lose our options if we went with an agreement. (12) 5B. INTERIM ZONING ORDINANCE AMENDMENT NO. 80-02. Amendments to the San Bernardino County Land Use and building regulations as adopted by Ordinance No. 17 of the City of Rancho Cucamonga. Mr. Wasserman requested that this item be continued to the December 3 City Council meeting. Councilman Mikels requested that the ordinance be reviewed tonight so that if there were any changes, and he had several to recommend, they could be made and the ordinance be given a new first reading. Bruce Chitiea said there were many in the audience who would like this item to be delayed for two weeks so they could have the opportunity to read the documents. The City Attorney reminded Council that the meeting had to be opened officially for public hearing since it was listed as a public hearing on the agenda. Council decided to proceed with the item and to take public input. Barry Hogan presented the staff report. Jim Robinson'read the title of Ordinance No. 123 since~the City Clerk had stepped away from the Council table. Motion: Moved by Palombo, seconded by Bridge to waive further reading of Ordinance No. 123. Motion carried unanimously 5-0. ORDINANCE NO. 123 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESI- DENTIAL, PARKING, PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS OF THE INTERIM ZONING ORDINANCE. Mayor Schlosser opened the meeting for public hearing. City Council Minutes November 19, 1980 Page 5 Those addressing Council were: Charles Snyder, 9152 Hidden Farm Road. He opposed the increase in density for the area north of Hillside Road. A1 Thayer, 9164 Hidden Farm Road. He said he and his neighbors came tonight because they had heard there was a 650 unit condominium development that was proposed above Hillside. Mr. Lam said that staff had heard this also, but such an application has not been submitted to the City yet. He said that the developer could apply for such a development and request a zone change. It does not mean he would get it. Also, any resident within 300 feet of a project would be notified of any application for a zone change. Mr. Hogan also stated that no application would be approved until after the General Plan was approved. Mr. Thayer asked Mr. Lam if the changes which were being proposed would make such a filing easier to occur? Mr. Lam said that the proposes in the ordinance whether they are approved or not would not affect the individual's ability to ask for such a project. Glen Davis, 9195 Hidden Farm Road. He asked when would the General Plan be approved. Mr. Lam said probably not until after the first of the year. Ray Thomas, Hillside Road, wanted to know what the maximum density was for the area above Hillside. Mr. Hogan said there is not any given maximum density, simply a minimum 1Qt size of 20,000 square feet. Mr. Thomas also asked what did the bonus consist of and why was it given? Mr. Hogan answered that it was an increase in density. Bonuses were given for good plans that utilized space well. It did not mean there would be more units per acre, but better clustering which utilized open space, equestrial trails, etc. Doug Hone expressed that it would be best if this issue went back to the Planning Commission and to put a limit on that area. Bruce Chitiea said that more public education was necessary since they did not have the background and did not understand the terminologies used. There being no further comments from the public, the Mayor closed the public hearing. Sam Crowe, the city attorney, said it would always be possible to request a zone change. No one is protected by this ordinance or any other ordinance from a future zone change. After some Council discussion, it was decided by Council to continue the entire matter to the December 3, 1980 meeting. 5C. ZONE CHANGE REQUEST NO. 80-18 - R. J. Investments. A change of zone from (13) R-1-T to R-3 on 5.5 acres of land located south of Foothill Boulevard, west of Foothill Boulevard, west of Baker Avenue. Barry Hogan presented the staff report. Jim Robinson, Assistant City Manager, read title of Ordinance No. 125. Motion: Moved by Palombo, seconded by Bridge to waive further reading of the Ordinance. Motion carried by the following vote: AYES: Frost, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. ABSTAINED: Mikels since his home was near the proposed zone change. ORDINANCE NO. 125 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207-191-49-48 FROM R-1 TO R-3 LOCATED ON THE SOUTH SIDE OF FOOT- HILL BOULEVARD, WEST OF BAKER AVENUE. City Council Minutes November 19, 1980 Page 6 Mayor Schlosser opened the meeting for public hearing. Those addressing Council were' Glen Ogden, 8324 Comet. He expressed opposition to the zone change. Don Carson, 8317 Comet. Expressed concern for lack of buffering with his property. Alan Snapp, architect for the project. William Fukutaki, Vice President of R and J. There being no further co~m~ents from the public, Mayor Schlosse~ closed the public hearing. Second reading for Ordinance No. 125 was set for the December 3, 1980 City Council meeting. (14) 5D. ZONE CHA/~GE REQUEST NO. 80-19 - Diversified. A zone change request for 16 acres of land located on the northeast corner of Base Line and Archibald from R-l-5 (single family residential) to A-P (administrative-professional) and R-3 (multiple family residential) - APN 201-181-12, 21, and 22. Staff report by Barry Hogan. City Clerk Wasserman read title of Ordinance No. 126. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5-0. ORDINANCE NO. 126 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201-181-12, 21, AND 22. Mayor Schlosser opened the meeting for public hearing. Jan Peterson, representing Diversified of Costa Mesa, encouraged Council to approve the zone change request. There being no further comments from the public, Mayor Schlosser closed the public hearing. There being no comments from the Council, Mayor set December 3 for second reading of Ordinance No. 126. (15) 5E. ZONE CHANGE NO. 80-20 - Vanguard. A zone change request from R-R to R-1 on 10 acres of land located north of Arrow Highway, east of Archibald Avenue at the eastern terminus of Cerise and Placer Streets - APN 208-311-01. Barry Hogan pre- sented the staff report. Mr. Wasserman said he had received a letter by Mr. Russell R. Shimahara in which he addressed several issues. Mr. Wasserman said he felt these could be responded to and resolved by letter before the next Council meeting. City Clerk Wasserman read title of Ordinance No. 127. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5-0. ORDINANCE NO. 127 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208-311-01 FROM R-R TO R-1 LOCATED ON THE NORTH SIDE OF ARROW HIGHWAY'AND EAST OF ARCHIBALD AVENUE. Mayor Schlosser opened the meeting for public hearing. Those addressing Council were: City Council Minutes November 19, 1980 Page 7 Geryl Oechsmer, 9874 Arrow Highway. She wanted to be assured she would receive notification of any proposed changes. Jack Sweeney. He asked questions as to what R-1 zone really was. There being no further comments from the public, the Mayor closed the public hearing. There was no discussion by Council, therefore the Mayor set December 3 for second reading of Ordinance No. 127. 5F. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT NO. 80-03 - Adult (161 Businesses. An ordinance establishing regulations of the location and review of adult businesses in the C-2 general business district. Lauren Wasserman presented the staff report. City Clerk Wasserman read the title of Ordinance No. 45-C. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried unanimously 5-0. ORDINANCE NO. 45-C (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REGU- LATIONS FOR THE LOCATION AND REVIEW OF ADULT BUSINESSES IN THE C-2 (GENERAL BUSINESS) DISTRICT. Mayor Schlosser opened the meeting for public hearing. There being no response from the public, the hearing was closed. There being no discussion from the Council, the Mayor set December 3 for second reading of Ordinance No. 45-C. Mayor Schlosser called a recess at 11:00 p.m. The meeting reconvened at 11:15 p.m. with all members of the Council and staff present. 6. CITY MANAGER'S STAFF REPORTS. 6A. REQUEST FOR COUNCIL DIRECTION REGARDING BOARD OF SUPERVISORS DENIAL OF (17] CITY'S APPEAL RELATIVE TO THE ADEQUACY OF THE ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO. 79-0117-W-120-44). Staff report by Jack Lam. Proposed issue deals with a project by Lewis Homes for a 450 acre development within the sphere of the City of Rancho Cucamonga located northerly of the extension of Etiwanda Avenue in the foothills area. Councilman Palombo asked the City Attorney what the next step should be? Sam Crowe answered that they have not yet received the complete files from the County. That would be the first step. Councilman Frost suggested that a letter be sent to the Board of Supervisors over the mayor's signature telling them that we have directed our city attorney to investigate and to follow up with legal action. 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. City Council Minutes November 19, 1980 Page 8 (18) 6B. GENERAL PLAN SUPPLEMENT REQUEST. The draft General Plan has been completed by the consulting firm of Sedway/Cooke, and an Executive Summary of the document will be prepared for distribution within the community. A total of 18,000 copies will be printed for distribution. Staff report was presented by Barry Hogan. Motion: Moved by Mikels, seconded by Palombo to approve an appropriation of $6,000 to cover the cost of mailing, distribution, and printing of the Executive Summary of the General Plan providing that the Council see a draft of the Executive Summary before it goes to press. Mr. Hogan stated that this needed to be done quickly and staff would not have time to come back to Council for approval through the agenda. Council concurred that approval could be given on a one-to-one basis. Motion unanimously carried 5-0. (19) 6C. FLOOD CONTROL BENEFIT ASSESSMENT PROGRAM. Lloyd Hubbs presented an oral report. Motion: Moved by Mikels, seconded by Bridge to set the rate assessment fee at $32.00 in Section 3 of Resolution No. 80-107. Motion unanimously carried 5-0. Motion: Moved by Mikels, seconded by Frost to approve Resolution No. 80-107 with the addition of Section 6 to read as follows: "That the formula by which the Assessments are levied be re-evaluated.", and to waive entire reading of Resolution No. 80-107. Motion carried unanimoual~ 5-0, City Clerk Wasserman read title of Resolution No. ~9~107, RESOLUTION NO. 80-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING "BENEFIT ASSESSMENT PROGRAM FOR FLOOD CONTROL IN SAN BERNARDINO COUNTY. (20) 6D. REQUEST ADDITIONAL FUNDS FOR PLANNING AIDE AND PART-TIME CLERICAl. ASSISTANCE FOR THE PLANNING DIVISION. Staff report by Jack Lam. Motion: Moved by M~kels, seconded by Bridge to approve the request for a planning aide and part-time clerical assistance for the Planning Division, and to authorize the Finance Director to transfer the required $13,500 from the Engineering Division budget to the Planning Division budget. Motion unanimously carried 5-0. 7. CITY ATTORNEY'S REPORTS. There were none. 8. ADDITIONAL ITEM: Mayor Schlosser presented a proclamation to declare November 23-29 as National Family Week. Council concurred in authorizing the mayor to sign the Proclamation. 9. ADJOURNMENT. Motion: Moved by Palombo, seconded by Frost to adjourn. The motion carried unanimously 5-0. The meeting adjourned at 11:55 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk