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HomeMy WebLinkAbout1980/09/17 - Minutes September 17, 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, September 17, 1980. The meeting was called to order at 7:05 p.m. by Mayor Phillip D. Schlosser who led in the pledge of allegiance. Present: Councilmen James C. Frost, Jori D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present: Assistant City Manager, Jim Robinson; Assistant City Attorney, Robert Dougherty; Communtiy Development Director, Jack Lam; City Planner, Barry Rogan; City Engineer, Lloyd Hubb$; Community Services Director, Bill Holley; and Finance Director, Harry Empey. Absent: City Manager, Lauren Wasserman Approval of Minutes: Motion: Moved by Frost, seconded by Palombo to approve the minutes of September 3, 1980. Motion carried 5-0. 2. ANNOUNCEMENTS. a. Mayor Schlosser said he would like to place Nacho Gracia's name for consideration of Council to fill the vacancy on the Advisory Commission. Motion: Moved by Mikels, seconded by Palombo to appoint Nacho Gracia to serve o., the Citizen's Advisory Commission. Motion carried 5-0. Mr. Gracia was present and he was introduced to those who were present. b. Mayor Schlosser recognized Merge Stammwho had recently been awarded the "Status of Women Award" by the American Association of University Women for her contributions toward a more prominent role for women in the community. c. September 30 at 7:30 p.m. there will be a Storm Drain Committee meeting in Conference Room located in the city offices at 9320 Base Line. d. Mayor requested the meeting adjourn to an Executive Session to discuss pendi~:g litigation. e. Councilman Frost announced the Citrus Belt Division of the League of California Cities General Assembly meeting to be on Wednesday, September 24 at Bing's Cathay Inn in San Bernardino. f. Councilman Frost also requested that a letter be sent to the Astro Cast Company in Rancho Cucamonga by the Mayor since they also had received the Southern California Gas Company's conservation of energy award. g. Councilman Palombo stated he had attended the Public Safety Cormnittee meeting that day in Burlingame. h. The Planning Commission will be conducting a public meeting on the Victoria Plan to be held September 29 at 7:00 p.m. in the Lion's Park Community Center. City Council Minutes September 17, 1980 Page 2 3. CONSENT CALENDAR. Mikels asked Mr. Holley a question regarding item "b" -- he wanted to know if the contract was renegotiated every year. Mr. Holley said this contract was set up to expire at the end of the year. Since the expansion of space, prices needed to Ibe adjusted accordingly. Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar as presented. Motion carried 5-0. a. Approval of Warrants - Register No. 80-9-17 for $261,614.88. (1) b. Authorization for Community Service Department to solicit bids and award contract for Janitorial service at City Hall and Lions Cormnunity Center. (2) c. Site Approval 80-07: Acceptance of Bond and Agreement -- Day Care Nursery located at 9575 San Bernardino Road. Faithful Performance Bond $ 5,800 Labor & Material Bond 5,800 RESOLUTION NO. 80-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR SITE APPROVAL 80-07. (3) d. Tract 9420: Release of bond. Located on the northeast corner of Banyan Street and Hellman Avenue. Owner: Nubank International, Inc. Faithful Performance Bond $64,000 e. Tract 9380: Release of bond. Located on the south side of Manzanita, west of Beryl. Owner: Kenneth Elmore. Faithful Performance Bond 830,000 f. Tract 9422-1: Release of bonds: Located on the east side of Ramona Avenue, south of Church Street. Owner: Marborough Development Corp. Labor & Material Bond (sewer) $26,000 Labor & Material Bond (water) 29,500 Labor & Material Bond (road) 71,000 g. Tract 9422-2: Release of bonds. Located on the east side of Turner Avenue south of Church Street. Owner: Marborough Homes, Inc. Labor & Material Bond (sewer) $18,000 Labor & Material Bond (water) 26,000 Labor & Material Bond (road) 81,000 h. Tract 9426: Release of bonds. Located on the north side of Hillside, west of Turquoise Avenue. Owner: Crowell/Leventhal, Inc. Labor & Material Bond (water) $16,000 Labor & Material Bond (road) 25,000 i. Tract 9447: Release of bomd. Located on the northwest corner of Church Street and Ramona Avenue. Owner: Walton Construction Corp. Labor & Material Bond (road) $25,000 J. Tract 9448: Release of bonds. Located on the southwest corner of Beryl Street and Banyan Street. Owner: Meeker Development Co. Labor & Material Bond (sewer) $14,500 Labor & Material Bond (water) 14,000 Labor & Material Bond (road) 47,000 City Council Minutes September 17, 1980 Pa~e 3 k. Tract 9525: Release of bonds. Located northwest of the intersection of Turner Avenue and Arrow Route at Placer Street. Owner: Arnold Anderson. Labor & Material Bond (road) $28,000 Labor & Material Bond (water) 19,000 Labor & Material Bond (sewer on-site) 19,500 Labor & Material Bond (sewer off-site) 4,500 1. Tract 9484: Release of bonds. Located between Beryl Street and Hellman Avenue, south of Hillside Road and north of Banyan Street. Owner: David W. Long. Labor & Material Bond (water) $13,000 Labor & Material Bond (road) 21,000 m. Tract 9596: Release of bonds. Located on the east side of Carnelian Street, north of Banyan. Owner: Gary Miller. Labor & Material Bond (water) $15,500 Labor & Material Bond (road) 46,000 n. Tract 9602: Release of bonds. Located on north side of San Bernardino Road east of Carnelian Street. Owner: Matreyek Homes, Inc. Labor & Material Bond (sewer) $ 21,500 Labor & Material Bond (water) 22,000 Labor & Material Bond (road) 66,000 o. Tract 9634: 'Release of bonds. Located on the south side of Banyan Street and on the west side of Hellman Avenue. Owner: Chavanne Realty. Labor & Material Bond (sewer) $14,000 Labor & Material Bond (water) 15,500 Labor & Material Bond (road) 35,000 p. Tract 9345: Release of bonds. Located south of 19th Street on Cartilla Avenue. Owner: Lewis Homes of California. Labor &Material Bond (sewer) $ 8,500 Labor & Material Bond (water) 21,000 Labor & Material Bond (road) 26,000 q. Tract 9003: Release of bond. Located west of Sapphire and east of the Cucamonga Wash north of Banyan. Owner: Sunflower Land Co., Inc. Labor & Material Bond (road) $23,000 4. PUBLIC HEARINGS 4A. ZONING ORDINANCE AMENDMENT NO. 80-01 AND ENVIRONMENTAL ASSESSMENT FOR A (4) CONDOMINIUM CONVERSION ORDINANCE. Jack Lam presented the staff report. Mayor Schlosser requested title of Ordinance be read. Jim Robinson read title of Ordinance No. 119. ORDINANCE NO. 119 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. Motion: Moved by Bridge, seconded by Frost to waive further reading. Motion carried 5-0. City Council Minutes September 17, 1980 Page 4 Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Councilman Palombo stated that there was a Bill before the governor for signature which gives the basic directions which we have duplicated in this ordinance. He said this ordinance was not necessary and was opposed to it. Councilman Mikels expressed that the ordinance should address relocation efforts and proposed homeowners' fees. He wanted to see items 4 and 6 under Section 3A reinstated in the ordinance. With the addition of these items, he would support the ordinance. Section 3A-4: Proposed program of relocation assistance to be offered by the applicant if any. Section 3A-6: Proposed Homeowner's Association Fee. Commenting on Councilman Palombo's comments, Mr. Lam stated that staff was aware that there were a number of Bills dealing with this issue, but they were not popular and did not pass the committees. If there was something new, staff was not aware of it. Regarding items 4 and 6 and Councilman Mikels' concerns, Mr Lam said that staff originally had proposed the inclusion of these items. It had been decided that since these were not requirements of the City, then it was not necessary to include these. Motion: Moved by Bridge, seconded by Frost to adopt the ordinance. The City Attorney reminded Coqncil that if they wanted to include the changes, this would be the first reading. Motion: Moved by Mikels, seconded by Palombo to amend the ordinance by adding sections 3A-4 and 3A-6 and to bring the ordinance back for second reading on October 1. Bridge and Frost withdrew the original motion. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, Schlosser. NOES: Frost. ABSENT: None. (Frost said he did not feel these sections were necessary and should be included in the ordinance). 4B. EXTENSION OF CONDOMINIUM CONVERSION MORATORIUM. Staff report by Jack Lam. The purpose of the Ordinance was to amend the existing condominium conversion moratorium ordinance to extend its effectiveness to coincide with the effective date of the Condominium Conversion Ordinance. City Clerk Wasserman read title of Ordinance No. 97-A. (5) ORDINANCE NO. 97-A (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 97 TO EXTEND THE MORATORIUM IMPOSED THEREBY AND DECLARING THE URGENCY THEREOF. 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 hearing was closed. Councilman Frost inquired why the word "comprehensive" was used. The City Attorney explained there was no particular reason. Council concurred in the deletion of the word "comprehensive" from Section 1 of Ordinance No. 97-A. Motion: Moved by Mikels, seconded by Frost to approve Ordinance No. 97-A which will extend the moratorium on condominium conversions to December 31, 1980. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: None. ABSTAINED: Palombo. City Council Minutes September 17, 1980 Page 5 4C. VACATION OF CENTER AVENUE. Staff report by Lloyd Hubbs. (6) On August 6 Council set September 17 for the public hearing for the vacation of a portion of Center Avenue. Council had raised questions as to what would be the impact of giving back the six feet to Data Design Laboratories and the residential interphase of the landscaping. The Planning Department had investigated this and felt there was sufficient design and review criteria over and above the need for right-of-way in order to protect that buffering, and it would be acceptable to vacate the six feet. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. A motion was made by Mikels, seconded by Palombo to approve the vacation. Council- mand Frost said he disagreed with the vacation since he was concerned with loosing this buffering. After further discusaion, Mikels and Palombo withdrew their original motion. Motion: Moved by Bridge, seconded by Palombo to defer this until October 15 meeting and to direct staff to negotiate some agreements with Data Design Laboratories to assure the protection of the landscaping. Motion carried 5-0, 4D. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80-08 - DEASON AND ASSOCIATES, INC. Staff report by Jack Lam. A change of zone from R-1 (single family residential) to A-P (administrative professional) for the development of a 30,000 sq. ft. professional office complex on 1.84 acres of land located on the west side of Archibald, south of Devon -- APN 208-801-39 and 40. City Clerk Wasserman read title of Ordinance No. 120. ORDINANCE NO. 120 (first reading) (7) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR' S PARCEL NUMBER 208-801-39 AND 40 PROM R-1 TO A-P FOR 1.84 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD SOUTH OF DEVON. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. The following addressed Council: Mr. Hugh, 8398 Bella Vista, Alta Loma. He was the owner of the property at 8300 Archibald, and spoke in favor of the zone change. Mr. Sam Page, representing Deason Associates - the applicant. Mayor Schlosser closed the public hearing. There being no further discussion from Council, he set October 1 for second reading and adoption. 4E. AN URGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIRE MENT SYSTEM. Staff report by Lauren Wasserman. City Council Minutes September 17, 1980 Page 6 In order to implement the council-approved benefit for city employees, it is necessary to adopt Ordinance No. 121. City Clerk Wasserman read title of Ordinance No. 121. (8) ORDINANCE NO. 121 (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETI~ SYSTEM AND DECLARING THE URGENCY THEREOF. Motion: Moved by Bridge, 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, seconded by Bridge to approve Ordinance No. 121 as an urgency ordinance. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. 5. CITY MANAGER'S STAFF REPORTS. (9) SA. THE HEARING OF A COMPLAINT REGARDING CABLE T.V. BY MR. U.E. BAUE~S. Mr. U. E. Bauers presented an oral presentation to Council regarding his major con- cern that when t.v. franchises are granted, they provide framework through which the public and city can have the advantage of new developments which are occuring with television. For example, two-way communications, telmetering of water and other publ utilities, reading of electric, gas and water bills automatically, local educational channels, access through satellite to world-wide cable programs. Bruce Chitiea expressed that he was in favor of setting up a Committee to work specifically on this. Mr. Hughes expressed he was against the formation of any corm~ittee at the expense of the tax payer. Council directed that Mr. Bauers should work with the Advisory Commissions on this issue. 5B. REQUEST FROM CONGRESO PARA PUEBLOS UNIDOS TO ESTABLISH A HUMAN RELATIONS COMMz~'£~E FOR THE CITY OF RANCHO CUCAMONGA. Mr. Arnold Urtiaga, who had requested to be heard by the Council, was not present, nor was there anyone representing him. Council moved on to the next item. (10) 5C. Added item: AFFORDABLE HOUSING REPORT. Oral report by Lauren Wasserman. Councilman Mikels asked if we would have to adopt the County Housing Element in order to qualify for this. The City Attorney said that we had not made any determination; that it would be up to the County to make the determination. Mr. Lam said that we would simply be "riding on the County's shirt tail." The county, as the primary agencL would have to make the finding of consistency with the County Housing Element. Councilman Bridge said he felt skeptical of the program as it had been presented. Motion: Moved by Palombo, seconded by Mikels to direct staff to bring back the necessary documents for approval. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, and Schlosser. NOES: Bridge. ABSENT: None. City Council Minutes September il, Page 7 5D. Added item: FINANCIAL TASK FORCE. Council deferred this until October 15 meet ing. 6. C*TY ATTORNEY'S REPORTS. There were none. ~ 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikel$ to adjourn to an executive session to discuss some pending litigation, not to reconvene. Motion carried 5-0. The meeting adjourned at 8:55 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk