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HomeMy WebLinkAbout1980/11/05 - Minutes November 5, 1980 CITY OF RANCHO CUCAMONGA 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 Baseline Road, Rancho Cucamonga, on Wednesday, November 5, 1980. The meeting was called to order at 7:05 p.m. by Mayor Phillip D. Schlosser who led in the pledge of allegiance to the flag. Present: Councilmen Arthur H. Bridge, James C. Frost, Jon D. Mikels, Michael A. Palombo and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren Wasserman; City Attorney Sam Crowe; Assistant City Manager, Jim Robinson; City Planner, Barry Hogan; City Engineer, Lloyd Hubbs, Community Development Directo% Jack Lam; Community Services Director, Bill Holley; Finance Director, Harry Empey. At this point, Mr. A. Neuman, President of Sunrize Shopping Center Merchants Assoc. made a presentation of an Octoberfest gift to the City. APPROVAL OF MINUTES Councilman Frost made the following change to the October 15, 1980 minutes: Page 6, 5C under City Manager Report (last sentence): "Councilman Frost said he wanted staff to look into the capacities of underground utility conduit" Motion: Moved by Palombo, seconded by Frost to approve the corrected minutes of October 15, 1980. Motion Carried 5-0. 2. ANNOUNCEMENTS a. November 3: Financial Task Force at 7:00 p.m. - Lion's Park Community Center. b. November 6: Zone 1 Advisory Committee special meeting at 2:00 p.m.-- San Barnardino County. c. November lO: Planning Commission Meeting--7:00 p.m.--Lions Ctr. Re: Victoria Devl. d. November 13: Historic Preservation Commission--7:00 p.m.--Lions Ctr. e. November 17: Plans Commission--7:00 p.m.--Lions Ctr. Re: General Plan f. November 18: Adjourn meeting of City Council to meeting with Foothill Fire District Board of Trustees at 7:00 p.m.--Lions Park Community Center g. November 20: Advisory Commission meeting at 6:30 p.m. -- Lion's Center. h. Mayor added Resolution No. 80-103 (honoring Esther Boulton Black) as Item E of the City Manager's Staff Report (this item later deleted and continued to next City Council meeting). i. Mayor Schlosser announced that there would be an executive session after the meeting to discuss pending litigation. J. Jori Mikels announced that at the SANBAG Board of Directors Meeting, the City received unanimous approval by the Board for the inclusion of Rancho Cucamonga on theAlrport Ground Access Study and for enlargement of the boundaries to include most of the City. k. Councilman Palombowished the City a "happy birthday" and passed around a copy of a newspaper article regarding our incorporation three years ago. 1. Mr. Wasserman announced the removal of Item 4E (Proposed Abandoned Orchards Ordinance) from the agenda and the continuance of this item until November 19th. m. Mr. Wasserman announced that the City received a mailogram from the Bureau of Census indicating the preliminary census count for Rancho Cucamonga is 54,708 and the preliminary housing count is 17,836. n. Councilman Palombo requested that items "n" and "b" be removed from consent calendar for discussion. Mayor Schlosser requested that Item "o" be removed for discussion. 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-contro- versial. They will be acted upon by the Council at one time without discussion. City Council Minutes November 5, 1980 Page 2 a. Approval of Warrants -- Register No. 80-11-5 for $282,769.65 authorize the Finance Director to purchase two (2) dump truck bodies as supplied by Arrow Truck Bodies, the lowest qualified bidder, as per City specifications, for the bid price of $12,052.12. (2) c. Tract 9435: Located east of Haven and south of future 19th Street. (3) Owner: Chevron Construction Co. Acceptance of map, bonds and agreement. Faithful Peformance (surety) $117,000 Labor & Material (surety) 58,500 RESOLUTION NO. 80-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, C~LIFORNIA, APPROVING I~ROVE~NT AGREE~NT, I~ROVEMENT SECURITY, ~ND FINAL M~ OF TRACT NO. 9435. (4) d. Annexation No. 2 to Landscape M~intenance District #1. A recommendation to City Council to approval a resolution of intent to add Tracts 9176, 9225, 9435, and 9567 to Landscape M~intenance District #1. RESOLUTION NO. 80-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R~CHO CUC~MONGA, C~IFORNIA, OF PRELIMINARY APPROVAL OF CITY ENINGEER~S REPORT FOR A~E~TION NO. 2 TO L~SCAPE MAINTENANCE DISTRICT NO. 1. (5) RESOLLrrION NO. 80-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R~CHO CUCAMONGA, CALIFORNIA, DECI~AIRING ITS IN~fENTION TO ORDER THE ANNEXATION TO L~NDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSM~ DISTRICT; DESIGNATING SA~D A~EXATION A~ ANNEXATION NO. 2 TO LANDSCAPE M~INTENANCE DISTRICT NO. 1; PURSUANT TO ~ LANDSCAPING ~AND LIGHTING ACT OF 1972 AND OFFERING A TI~ ~ PIECE FOR HF~ING OBJECTIONS THEHETO. (6) e. Lien Agreemmnt: Dr. M~elvin Kornblatt. It is reco~ended that Council approve the lien agreement submitted by Dr. Melvin Korblatt that will allow the postponement of street i~rovements. RESOLUTION NO. 80-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO ' CUC~MONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY I~ROVEM_ENT CONTACT AND LIEN AGHEEM~NT FROM DR. MELVIN B. KORNBLATT AND AUTHORIZING TREMAYOR AND CITY CLERK TO SIGN THE SA~. (7) f. Release of bonds. Tract 9302: located on the southwest corner of Hermosa Avenue and Lemon Avenue. Owner: Vanguard Builders, Inc. Labor & M~aterial (road) $44,000 Tract 9402: located on the south side of Lemon Avenue at M~yberry Avenue. Owner: Olympus Pacific Corp. City Council Minutes November 5, 1980 Page 3 Tract 9402 (Continued) Labor & Material (road) $27,000 Labor & Material (water on-site) 7,000 Labor & Material (water off-site) 3,500 Labor & Material (sewer on-site) 7,000 Labor & Material (sewer off-site) 5,500 Tract 9458: located on the southeast corner of Ivy Lane and Baseline. Owner: Fred Schneider. Labor & Material (road) $38,000 Labor & Material (water) 17,500 Labor & Material (sewer) 10,000 Tract 9422-2: located west of Turner Avenue and southerly of Church Street. Owner: Marlborough Development Corp. Cash Staking Bond $ 3,400 Tract 9588: Located on the northside of Wilson between Amethyst and Archibald. Owner: Golden Bear Construction, Inc. Performance Bond (road) $ 48,000 Tract 9440: located on the west side of Hermosa, 500+ feet north of Banyan. Owner: Chevron Construction Company. Cash Staking Bond $ 3,450 Tract 9422: located south of Church Street between Romona and Turner Avenue. Owner: Marlborough Development Corp. Cash Staking Bond $ 3,100 Tract 9422-1: located east of Rmmmna Avenue and southerly of Church Street. Owner: Marlborough Development Corp. Cash Staking Bond $ 4,000 Tract 9482-2: located on the north side of Wilson Avenue at Beachwood Drive. Owner: The Deer Creek Company. Faithful Performance (landscape) $ 6,270 Parcel Map 4957; located on the southeast corner of Baseline and Hellman Avenue. Owner: Douglas K. Hone. Set A~ide Letter (road) $15,000 g. Forward claim by Timothy J. Weckerle to City Attorney for handling. (8) h. Forward claim by Kelly Weckerle to the City Attorney for handling. (9) i. Forward claim by Santibanez Family to the City Attorney for handling. (10) j. Set Public Hearing f~r review of Zone Change No. 80-20 by Vanguard for (11) November 19, 1980: A zone change request from R-R to R-1 on 10.1 acres of land located north of Arrow Highway, east of Archibald Avenue at the eastern terminus of Cerise and Placer Streets. APN 208-311-01. k. Set Public Hearing for review of Zone Change No. 80-19 by Diversified to (12) November 19, 1980: A zone change request from R-l-5 to A-P on 16 acres of land located on the northeast corner of Baseline and Archibald. APN 201- 181-12, 21, and 22. City Council M/nutes November 5, 1980 Page 4 (13) 1. Set Public Hearing date of November 19, 1980 for Zone Change No. 80-18 by R.J. Investments: A change of zone from R-1-T to R-3 on 5.5 acres of land located south of Foothill Boulevard, west of Baker Avenue, APN 207- 191-49 and 48 (14) m. Set Public Hearing date of Novmeber 19, 1980 for Zoning Ordinance Amendment No. 80-03; an amendment to the C-2 (service commercial) zone district regulating the location and development of adult businesses. (15) n. W~bem-Fe~ese~y-~ene-~p~ee~en~--epp&~eae~en-~e~-~000 ~e~-ehe-p&em~mg of-trees in front yards of residences and parkway strips under the California Department of Forestry; participation by the local groups is a requirement of the Grant. The R~ncho Grande Kiwanis is our participant. RESOLUTION NO. 80-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SUPPORTING THE CITY'S APPLICATION TO PARTICIPATE IN THE URBAN FORESTRY GRANT PROGRAM. (16) o. U~eee-en-~e~ese-e~-~eee~-Me~e~-amd-e-~eq~eee-~e-m~p~e~e-~e-em~en$~en of the Fiscal Model Development contract between the City and M.K.G.K., Inc. Recommended that City Council approve the contract extension as proposed. Discussion of Items "n", "b" and "o" "n" Urban Forestry Grant Application--Councilman Palombo requested additional information regarding this grant application. Tim Beedle, Semior Planner discussed the City's application for funding under the California Division of Forestry's Urban Forestry Grant Program. He stated that the intent of the program is to provide $50,000 in ftmding which would be used to purchase approximately 1600 trees for City parkways and residential front yards. Should the City's application be accepted, the City would participate with an in-kind cost of $5,000 (10%) with the remaining 90% ($45,000) being provided by C.D.F. Mayor Schlosser gave special recognition to the Rancho Grande Kiwanis who are participants in the program. "b" Acquisition of Truck Bodies--In reply to inquiries by Council, Mr. Wasserman stated that these are the truck bodies that will go on the chassis that have already been delivered. Mr. Hubbs stated that it would take about three weeks to put the truck bodies on the chassis. "o" Update on Progress of Fiscal Model--Mr. Wasserman stated that an extension of time is being requested only with no additional cost. He stated that the project is being delayed at the request of the City because we want to wait until the General Plan process is a little further along before we start working out some of the financial alternatives. Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar. Motion carried 5-0. 4. PUBLIC HEARINGS (17) 4A AN ORDINANCE ADOPTING BUILDING REGULATIONS This item was delayed to later in the meeting when Jack Lam, Director of Community Development would be present. (18) 4B ANNEXATION #1 TO LANDSCAPE MAINTENANCE DISTRICT #1 FOR TRACT 9637. Report by Lloyd Hubbs, City Engineer. Title of Ordinance was read by City Clerk Wasserman. RESOLUTION NO. 80-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R~tNCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 1 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT NO. 9637. City Council Minutes November 5, 1980 Page 5 Motion: Moved by Frost and seconded by Palombo to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Palombo and seconded by Frost to approve Resolution No. 80-102 Motion Carried 5-0. 4C INTERIM ZONING ORDINANCE AMENDMENT NO. 80-02. Staff report presented (19 by Barry Hogan, City planner, regarding amendments to the San Bernardino County Land Use and Building Regulations as Rdopted'by Ordinance No. 17 of the City of Rancho Cucamo~nga. Specifically: .~ Sections 61.024(A) R-1 Districts 61.024(D) R-2 Districts 61.024(E) R-3 Districts 61.024(F) R-R Districts 61.0216 PUD District 61.029(b) Parking Requirements 61.029(f) Site Approval 61.029(g) Height Requirements 61.029(h) Area Requirements 61.02i9(1) Minor Deviations 61.0219(m) Minor Deviations 61.0219(n) Director Review 61.0220 Variances 61.0221 Amendments for the purpose of providing interim guidance relative to development within the City of Rancho Cucamenga. Mr. Hogan stated that the Interim Zoning Ordinance was coming before Council due to the inordinate amount of time it is taking to get the General Plan to the public floor. He stated that as an interim measure, it was necessary to "clean-up" and make some administrative changes to existing Zoning Ordi- nance 117. He stressed that this is an interim document only and not the final Zoning Ordinance, which he estimated would be adopted around September, 1981. Mr. Hogan reviewed the various changes covered by Ordinance 123. City Clerk Wasserman read title of ordinance. ORDINANCE 123 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS OF THE INTERIM ZONING ORDINANCE Motion: Moved by Bridge and seconded by Frost to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. Jim Banks inquired if this Ordinance created any inconsistencies with the existing general plan. Mr. Hogan replied it did not. Eugene Biachim expressed concern about whether all of the info- marion wou%d still be reviewed. Mr. Hogan stated that the total package, with all of the information included, would be reviewed at one time rather than piecemeal. Doreen Warren asked if this Ordinance had anything to no with the parking of trucks. Mr. Hogan replied it did not. City Council Minutes November 5, 1980 Page 6 There being no further response, the public hearing was closed. Councilman Mikels indicated that he had suggestions for some changes in the Ordinance and made a motion to continue first reading until November 19th. Seconded by Councilman Palombo. Sam Crowe, City Attorney, advised that Council had already legally had first reading and therefore it could not be continued. However, he stated that if substantial changes were made at the second reading, another first reading would be required. Councilman Mikels stated that he would give some input regarding changes to staff prior to the next meeting. Mayor Schlosser set second reading for November 19, 1980. (20) 4D VACATION OF CHESTNUT STREET. Mr. Hubbs, City Engineer, stated that on July 25, 1980 Victor Cherbak presented a request to the City that we consider the vacation of Chestnut from Hermosa Avenue to 1350 feet west. This was following a similar request to the County for a like vacation of the other half of the street which lies in the County area. Mr. Hubbs stated that property owners along the street objected to the vacation for two reasons: 1. Private access easements underlie the offer of dedications in favor of Mr. Cherbak. In order to insure no road construction over the alignment, it was the desire of these residents that the easements be quit-claimed prior to vacation. 2. Parcel 2 of Parcel Map 3200 is a land locked parcel with no access to a public or private easement except over the Chestnut offer of dedication. Mr. Hubbs recommended that the vacation of Chestnut street be continue~ so these objections can be worked out until January 7, 1981. Mayor Schlosser opened the meeting for public hearing. Jim Meyers, resident on parcel 2, recommended that the Vacation be continued until January 7, 1981 and discussed some of his objections. Bob White related his objections to the abandonment of the road and also to the proposed development of cluster housing on the County portion. Ed Cherback discussed the action taken by the County and replied to some of the objections raised by the other residents. Motion: Moved by Palombo and seconded by Bridge to ~ontinue until January 7, 1981, in e~cordance with.staff recommendation. Motion Carried 5-0. At this point (8:20 p.m.), Mayor Sehlosser called a brief recess. Mayor Schlosser called the meeting back to order at 8:40 p.m. with all members of Council present. (21) 4E PROPOSED ABANDONED ORCHARDS ORDINANCE This Item Continued to a later meeting. (22) 4F A REVIEW OF THE "COMPREHENSIVE OPERATIONAL ANALYSIS STUDY OF TRANSIT SERVICE IN RANCHO CUCAMONGA AND THE WEST VALLEY AREA. Jim Robinson, Assistant City Manager, stated that Mr. Bob Chafin and Mr. Paul Marsh from Omnitrans were present to discuss an analysis of fixed route and dial-a- ride/lift services in Rancho Cucamonga and outline specific recommendations developed as a result of this comprehensive transit study. City Council Minutes November 5, 1980 Page 7 Mr. Bob Chafin discussed the report and stated that it included the recommended elimination of the major portion of the Alta Loma-Cucamonga route north of Baseline and substantial modifications to the Route south of Baseline. The Chaffey College route was only modified to the extent that the frequency of service was increased from 40 minutes service to 30 minutes service. 4A AN ORDINANCE ADOPTING BUILDING REGULATIONS Mayor Schlosser announced that Jack Lam was present and this item could now be discussed. Jack Lam, Director of Community Development, stated that since we are adopting the new Uniform Building Code by reference, it is necessary to hold first reading in order to set an official public hearing date. He briefly reviewed the Ordinance and recommended that December 3, 1980 be set for the public hearing. City Clerk Wasserman read Ordinance No. 122 for First Reading. ORDINANCE NO. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEM~NT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING CODE STA~-DARDS, AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL~CONDITIONS. · Motion: Moved by Bridge, seconded by Palombo to waive further reading. Motion carried: 5-0. Mmyor Schlosser set the public hearing for December 3, 1980. In the discussion that followed, Councilman Bridge stated that he concurred with the change of the boundaries of the Fire Hazard area and the requirement for the maximum retardant type of roof in this area. However, he felt that we would be remiss if we did not require a "B" type roof throughout the City due to the fire problems created because of the winds. He noted that the Foothill Fire District concurred in this recommendation. Councilman Frost stated he agreed with Councilman Bridge but had difficulty with a Council mandate that "B" type roofing be required throughout the City in view of the additional cost. 5. CITY MANAGER'S STAFF REPORTS 5A. APPEAL OF PLANNING COMMISSION DECISION REGARDING THE SIGN FOR RED HILL (23) COFFEE SHOP City Clerk Wasserman stated that a letter of appeal had been received and the appropriate fees paid. He indicated that a petition, with approximately 530 signatures indicating that those who signed it believed the sign in question should be given equal treatment with similar free standing signs in the City, was also received. Barry Hogan, City Planner, reviewed the decision of the Planning Commission directing Mr. and Mrs. Moffatt, owners of the Red Hill Coffee Shop, to remove the sign by November 7, 1980 as outlined in his staff report. He also referred to correspondence received from the applicants' attorney, Tracy Lowan Tibbals, dated November 3 and November 5, 1980. He stated the primary reason for the direction of removal by the Planning Commission was that the sign is wholly within the public right-of-way. Issues of portability and permanancy were also discussed, but were not the reasons for sign removal. City Council Minutes November 5, 1980 Page 8 At this point, Mayor Schlosser opened the meeting for public input. Mr. Tracy Lowman Tibbals, Attorney for Mr. and Mrs. Moffatt, stated he felt the removal of the sign should be on a five year amortization basis as outlined in his letters to Council dated November 3 and November 5, 1980. He requested this item be tabled until recently enacted State legislation (Business and Professions Code 5412.5) could be studied. Sam Crowe, City Attorney, indicated he could not give a legal opinion until he had the opportunity to review the legislation in question. Mr. and Mrs. Moffatt said it was their understanding that they would have five years to remove the sign, based on a slide presentation that was shown at the initial sign ordinance meetings. Mr. Moffatt also indicated he felt the value of the sign was much more than the value established by the City Building Official. The following people spoke in favor of the Moffatt's appeal: Doreen Warren Tom Dietl Doug Hone Bruce Chitiea Emmm Cowan Bob Lasondak Neil Westlihorn Based on the philosophy of the Ordinance, Councilman Frost moved to uphold Planning ~ommission Decision. Seconded by Councilman Mikels. Motion Was not voted on at this time. After considerable discussion, previous motion and second were withdrawn. Motion: Moved by Mikels and seconded by Palombo to continue this item until December 3, 1980 to give the Moffatts an opportunity to provide documentation regarding value of the sign and the City Attorney an opportunity to research the language of Business and Professional Code 5412.5. Motion Carried: 5-0. Mayor Schlosser called a brief recess at 10:45 p.m. Meeting was called back to order at 11:00 p.m. with all members of Council present. (24) 5B. COMi~LAINTs ON BOARS HEAD IN THE BOB'S BIG BOY CENTER The following residents spoke to Council regarding complaints they had about the noise generated by the Boars Head restaurant/lounge in the Bob's Big Boy Center: Mrs. and Mrs. Mel Futrell Mr. George Odor Mr. Issac Peters Doreen W~rren suggested that the residents use plantings '. go reduce the noise. Mr. Douglas Hone and Mr. Gorgen, owners of the shopping center, indicated that they would continue to work with the residents to resolve these problems. (25) 5C STATUS REPORT REGARDING THE CITY'S EDA GRANT APPLICATION Mr. Wasserman stated that since Mr. Pope was not present, a meme would be sent to Council outlining this Grant. City Council Minutes November 5, 1980 Page 9 5D PRESENTATION OF PROPOSED EMPLOYEE RULES AND REGULATIONS FOR (26) RANCHO CUCAMONGA BY CONSULTANT DOUG AYRES Mr. Ayres briefly reviewed the Proposed Employee Rules and Regulations. After discussion, this item was continued until December 3, 1980 to allow Council additional time to review. 6. CITY ATTORNEY'S REPORTS . There were none. 71 ADJOURNMENT Motion: Moved by Palombo, seconded by Frost to adjourn to Executive session, not to reconvene. Motion Carried 5-0. Meeting adjourned at 12:40 a.m. Respectfully submitted, Virginia Zientara Acting Deputy City Clerk