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HomeMy WebLinkAbout1980/07/02 - Minutes July 2, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Resular Meetin8 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, July 2, 1980. The meeting was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the pledge to the flag. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, and Mayor Phillip D. Schlosser. Also present: City Manager, Lauren Wasserman; Assistant City Manager, Jim Robinson; Assistant City Attorney, Robert Dougherty; City Planner, Barry Hogan; and City Engineer, Lloyd Hubbs. Absent: Councilman Arthur H. Bridge and Community Development Director, Jack Lam. Approval of Minutes: Moved by Palombo, seconded by Mikels to approve the Minutes of June 9, 1980 and July 18, 1980. Frost requested that Bill Wieland's name be added to the June 18 minutes, page 1, under Planning Commission appointments since he had also been considered. Motion for approval of amended minutes was passed by the following vote: AYES: Schlosser, Frost, Mikels, Palombo. NOES: None. ABSENT: Bridge. Mayor Schlosser called a special Executive Session with the City Attorney regarding some litigation. Council adjourned to the Executive Session at 7:05 p.m. The public meeting reconvened at 7:25 p.m. with all members of Council and staff present except Councilman Bridge who wason~vacation. 2. ANNOUNC~4ENTS. Motion: Moved by Palombo, seconded by Frost to move the decision making on filling the Planning Commission vacancy until the July 16 meeting. Motion carried 4-0-1. 3. CONSENT CALENDAR. a. Approval of Warrants - Register No. 80-6-30 for $504,773.49. b. Tract 9539 - Acceptance of Map, Bonds, and Agreement: (1) (2) Tentative approval had been received from the County on January 1, 1977. This tract is located on the west side of Sapphire Street between Banyan Street and Hillside Road and consists of 19 lots. A set-aside letter in the amount of $174,000.00 to guarantee off-site improvements has been submitted along with Improvement Agreement. RESOLUTION NO. 80-65 A RESOLHTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 9539, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. c. Tract 9351 - Release of Bonds and Acceptance of Substitution Bonds. Located (3) on the west side of Sapphire Street between 19th Street and Banyan. Owner: Mark III Homes. Release the following bonds: Performance Bond (road) $148,000 Labor & Material (road) 74,000 Performance Bond (water) 45,000 Labor & Material (water) 22,500 City Council Minutes July 2, 1980 Page 2 Accept the following substitute bonds: Performance Bond (road) $148,000 Labor & Material (road) 148,000 (4)d. Contract for the Collection of Special Assessments - Landscape Maintenance District. Approval of agreement authorizing the County Auditor to assess $2.00 to pro- perty owners to cover the cost of assessment collections on Landscape Mainten- ance District No. 1. (5)e. Acceptance of Signal Contract at Haven Avenue and Amber Lane and Authorization (6) to record a Notice of Completion. RESOLUTION NO.-80-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNAL WORK AT HAVEN AVENUE AND AMBER LANE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. (7)f. Acceptance of Bonds and Agreement (Director Review No. 80-02). Wallner Tooling was conditionally approved to install or bond for the street construction of 7th Street by Director Review 80-02. They were informed that when Caltrans made a decision as to the approval or denial of the on-off ramp, they may have to install improvements on Hyssopl The following bonds are per staff agreement with Mr. Wallner. Performance Bond (surety) $ 16,000 Labor & Material (surety) 16,000 RESOLUTION NO. 80~67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IM- PROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 80-02. (8)g. Parcel Map 5545 - Replacement Bonds. Located on the north side of Base Line west of Archibald for three lots. Owner: Lewis Homes. The subject Parcel Map was approved by Council on March 5, 1980 along with bonds for the required street improvements. Subsequent design checks resulted in the elimination of a city requested cul-de-sac for Roberds Court. Therefore, the bond for the cul-de-sac could be eliminated. Release of bonds: Performance Bond (surety) $ 20,000 Labor & Material (surety) 20,000 Replacement bonds: Performance Bond (sure~y) $ 10,000 Labor & Material (surety) 10,000 (9)h. Parcel Map 5358 - Acceptance of Map. (10) Located on the east side of Archibald at the north city limits. Owner: Mr. Worth Hooper. RESOLUTION NO. 80-68 A RESOLUTION OF THE CITY COUNCIL OF I/dE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5358 (TENTATIVE PARCEL MAP NO. 5358). City Council Minutes July 2, 1980 Page 3 i. Tract 9366: Release of bonds. Located on the northwest corner of 19th Street and Haven Avenue. Owner: Valle Verde Ltd. Performance Bond (road) $ 78,000 j. Tract 9427: Release of bonds. Located on the north and south sides of Banyan Street between Hermosa Avenue. Owner: Lesny/Wilshire Properties Landscaping Bonds $ 12,000 k. Tract 9429: Release of Temporary Occupancy Permit Bond for on-site subdivision sign located at the northwest corner of Haven and 19th Street. Owner: Valle Verde, Ltd. T.O.P. Bond $250.00 1. Tract 9321: Release of Temporary Occupancy Permit Bond for sales office/ garage conversion on lot 4 and on-site subdivision sign. Located at the north- west corner of Alta Loma Drive and Sapphire Street. Owner: Crowell-Leventhal, Inc. T.O~P. Bond $ 2,000 Savings Passbook 250 m?--App~vs~-~-A~e~h~e-~eve~ge-~ee~se~--~m~-z~-~$~y-~-~e~-~mev~ 96g~-~mse-~ne-a~-6,~-~-smte-hee~-sn~-w~me-~eemse. (Item removed for dis- cussion). n. Authorization for City Council members and City Manager to attend the first Mayors and Council Members Executive Forum, July 23-25 in Monterey. It is recommended that the City Council authorize for as many Council members as possible and for the City Manager to attend the first Mayors and Council Members Executive Forum to be sponsored by the League of California Cities. The program is aimed at providing Council members and key staff representatives with an ongoing education concerning the responsibilities of locally elected and appointed officials. Funds have been included in the meetings and travel budget for this conference attendance. o. Set July 16, 1980 for public hearing on the expenditure of Revenue Sharing Funds. (12~ It is reco~maended that the City Council set a public hearing for 3uly 16, 1980 to review the proposed expenditure of Revenue Sharing funds. The public hearing is a federal requirement and must be preceeded by the appropriate advertising in the local newspapers. Councilman Palombo requested item "m" be removed for discussion. Motion: Moved by Palombo, seconded by Frost to approve the Consent,Calendar subject to the Finance Committee's approval of the Warrants, Motion carried 4-0-1, Item "m": Palombo asked where this place was; he could not seem to locate it. Staff indicated it was in the shopping center on the southwest corner of Base Line and Archibald, next to the Baskin and Robbins Ice Cream Store. Motion: Moved by Palombo, seconded by Mikels to approve item "m" on the Consent Calendar. Motion carried 4-0-1. 4. PUBLIC HEARINGS. 4A. POSTPONEMENT OF STREET IMPROVEMENTS AS A CONDITION OF SUBDIVISION AND DEVELOPMENT (13) (REVISION TO ORDINANCE NOS. 28 AND 58). Staff report by Lloyd Hubbs. (14) At its June 18, 1980 meeting, the Council expressed concern that provisions for postponement be more specifically defined and that other cases receive direct Council review. Therefore, the ordinances had been further refined. City Council Minutes July 2, 1980 Page 4 The City Attorney recommended that this be postponed further to rework the ordinances. He noticed several problems which would require some indepth study to resolve. Mayor Schlosser stated that Ordiannce Nos. 28-A and 58-B be referred back to the staff for study. (15~B. ZONE CHANGE NO. 80-07 AND ENVIRONMENTAL ASSESSMENT - C.H. BRUBAKER. A request for change of zone from R-1-20,O00 to R-i-iO,O00 or more restrictive zoning for property located on the southeast corner of Banyan and Amethyst Streets. Staff report by Barry Hogan. City Clerk Wasserman read title of ORDINANCE NO. 113 for first reading. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NlrMBER 1062-401-11 FROM R-1-20,O00 TO R-l-10,000 LOCATED ON THE SOUTHEAST CORNER OF BANYAN AND AMETHYST STREETS. Motion: Moved by Palombo, seconded by Frost to waive further reading. Motion carried 4-0-1. The mayor opened the meeting for public hearing. Sharon Romero asked if this were not really less restrictive. Mr. Hogan explained that this would be the same size house; this would simply pro- hibit the keeping of animals. Since there were no other responses, the public hearing was closed. Mayor Schlosser set July 16 for second reading. (16) 4C. AN ORDINANCE ESTABLISHING SPECIAL DRAINAGE IMPACT AREA. Staff report by Lloyd Hubbs. The proposed ordinance designates the area bounded by Eighth Street on the south, Arrow Route on the north, Milliken on the east, and Haven Avenue on the west as a special impact zone where no increases in site drainage may be created. City Clerk Wasserman read title of ORDINANCE NO. 111 for first reading. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A SPECIAL DRAINAGE IMPACT ZONE NORTH OF THE SANTE FE RAILROAD TO ARROW ROUTE BETWEEN HAVEN AND MILLIKEN AVENUES, AND REQUIRING DETAILED ENGINEERING STUDIES AND MITIGATION MEASURES IN CONNECTION THERE- WITH. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 4-0-1. Mayor opened the meeting for public hearing. Marsha Storm asked what fee Ordinance No. 111 was referring to? Mr. Hubbs stated it was referring to Ordinance No. 75, Ordinance No. 112, or what- ever ordinance was in effect at the time. There being no other responses, the Mayor closed the public hearing. Council discussed Section 3 of the ordinance. The following change was made to Section 3(1): "That the proposed project will not increase storm runoff from the site except where acceptable drainage facilities exist to accept said runoff." Mayor set July 16 for second reading of Ordinance No. 111. City Council Minutes July 2, 1980 Page 5 4D. PROPOSED INCREASE FOR INDUSTRIAL STORM DRAIN FEE. A proposal to increase (17] storm drain fees in the area bounded by Deer Creek on the west, Day Creek on the east, 4th Street and Foothill Boulevard. Proposed fee - $4600 per acre. Staff report by Lloyd Hubbs. City Clerk Wasserman read title of ORDINANCE NO. 112 for first reading. AN ORDINANACE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING THE INDUSTRIAL LOCAL DRAINAGE AREA, MAKING ORDINANCE NO. 75 APPLICABLE THERETO, AND ESTA- BLISHING A DRAINAGE FEE IN CONNECTION THEREWITH. Motion: Moved by Mikels, seconded by Frost to waive further reading. Motion carried 4-0-1. Mayor opened the meeting for public hearing. The following addressed Council in opposition to the proposed fee: Dan Milliken - felt it was too excessive Buster Filpi - asked why the area did not go above Foothill? Mr. Hubbs said that area would be studied at a later time. Ben Wick, General Manager, Wagner Insul Company, felt this was a burden on them. Ray Smartis, General Manager, Ontario Motor Speedway, expressed that some problems could exist for the OMS if the flow of water was increased. Bob DeBerard - asked to have this delayed for a month since the people west of Haven have problems and this needed to be discussed further. Since there were no other responses, the Mayor closed the public hearing. After some council discussion, the Mayor set July 16 for second ~eading of Ordinance No. 112. 4E. SECOND READING OF ORDINANCE NO. 110. (18) City Manager Wasserman presented some changes to the Ordinance which were as follows: "Section 1. The City Manager is hereby delegated the following powers, authority, and/or duties: "Section 1 (4): to act as City Personnel Officer and to have the authority to delegate such duties inherent therein to a management employee as he shall deem appropriate, in whole or in part, by issuance of appropriate adminis- trative orders. "Section 4. Resolutions 79-48 and 79-49 are hereby repealed. "Section 5. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published with fifteen (15) days after its passage at least once in the Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. City Clerk Wasserman read the title of ORDINANCE NO. 110 as first reading again. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A COMPREHENSIVE SYSTEM OF PERSONNEL ADMINISTRATION AND DELEGATING ADMINISTRATION THEREOF TO THE CITY MANAGER. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 4-0-1. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. The mayor set July 16 for second reading of Ordinance No. 110. City Council Minutes July 2, 1980 Page 6 Mayor Schlosser called a recess at 8:55 p.m. The meeting reconvened at 9:10 p.m. with all members of the Council and staff present. 5. CITY MANAGER'S STAFF REPORTS. (19) 5A. REQUEST FROM CALTRANS TO SUPPORT COMMUTER RAIL SERVICE BETWq~EN SAN BERNARDINO AND LOS ANGELES. Staff report by Lauren Wasserman. The mayor opened the meeting for public comments. Bruce Chitiea asked several questions regarding Caltrans' figures. Mayor closed the public portion of the m~eting. Motion: Moved by Palombo, seconded by Mikels to table the item for further con- sideration. Motion passed by the following vote: AYES: Schlosser, M-tkels, Palombo. NOES: Frost. ABSENT: Bridge. Council directed staff to send a letter to Caltrans stating we wished to receive more information and that the city officials would like to meet with a representative of Caltrans. 6. CITY ATTORNEY'S REPORTS The City Attorney presented the following ordinances which Book Publishing Company had requested. These were necessary before July 31 in order for Book to start the printing process for our city code. (20) A. AN ORDINANCE PERTAINING TO THE INELIGIBILITY OF CERTAIN PERSONS FOR EMPLOYMENT BY THE CITY. City Clerk read title of ORDINANCE NO. 66-A for~irst reading. A/~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AMENDING SECTION 1 OF ORDINANCE NO. 66 PERTAINING TO THE INELI- GIBILITY OF CERTAIN PRESONS FOR EMPLOYMENT BY THE CITY. Motion: Moved by Palombo, seconded by Schlosser to waive further reading. A "no" vote was cast by Frost; therefore, the City Clerk read the Ordinance in full. The mayor opened the meeting for public hearing. There being no response, the hearing was closed. Mayor Schlosser set July~ 16 for second reading. (21) B. AN ORDINANCE REPEALING ORDINANCE NOS. 14 AND 18. City Clerk read title of ORDINANCE NO. 115 (first reading). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 14 AND ORDINANCE NO. 18. Motion: Moved by Frost, seconded by Palombo to waive further reading. Motion carried 4-0-1. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mayor set July 16 for second reading of Ordinance No. 115. City Council Minutes July 2, 1980 Page 7 C. AN ORDINANCE ESTABLISHING PENALTIES FOR VIOLATIONS OF CITY ORDINANCES. (22 The City Clerk read the title of ORDINANCE NO. 114, (first reading). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING GEN- ERAL PENALTY PROVISIONS FOR VIOLATIONS OF ORDINANCES OF THE CITY OF RANCHO CUCAMONGA AND OTHER CODES ADOPTED BY REFERENCE. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried 4-0-1. Mayor opened the meeting for public hearing. There being no response, the hearing was closed. Mayor Schlosser set July 16 for second reading. D. AN ORDINANCE SETTING UP GENERAL INTERPRETATIONS AND CONSTRUCTION OF CITY (23 ORDINANCES. The City Clerk read the title of ORDINANCE NO. 116 (first reading). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING GENERAL PROVISIONS FOR USE IN THE INTERPRETATION AND CON- STRUCTION OF ALL ORDINANCES OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, NOW EXISTING OR HEREAFTER ENACTED. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried 4-0-1. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mayor Schlosser set July 16 for second reading. Councilman Frost questioned the word "year" and what was meant by it. After some discussion, Council decided to delete item (t) from Ordinance No. 116 in the definitions in Section 1. City Clerk read the title of Ordinance No. 116 again. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried 4-0-1. E. AGINS VERSUS TIBERON. Mr. Dougherty announced that in the Agins versus Tiberon case, the Supreme Court had ruled in favor of the City of Tiberon. 8. ADJOURNMENT. Motion: Moved by Mikels, seconded by Palombo to adjourn. Motion carried 4-0-1. The meeting adjourned at 10:20 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk