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HomeMy WebLinkAbout1980/02/20 - Minutes February 20, 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 Baseline Road, Rancho Cucamonga, on Wednesday, February 20, 1980. The meeting was called to order at 7:06 p.m. by Mayor James C. Frost who led in the pledge to the flag. Present: Councilmen Phillip D. Schlosser, Jon Mikels, Michael Palombo, Arthur Bridge, and Mayor James C. Frost. Also present were staff members: City Manager, Lauren Wasserman; Assistant City Attorney, Robert Dougherty; Community Development Director, Jack Lam; Finance Director, Harry Empey; Community Services Director, Bill Holley; and Assistant City Manager, Jim Robinson. Absent: City Engineer, Lloyd Hubbs Approval of February 6, 1980 minutes. Motion: Moved by Mikels, seconded by Palombo to approve the minutes as submitted. Motion carried 5-0. 2. ANNOUNCEMENTS. a. SCAG General Assembly meeting on March 5-6. b. Staff requested that an item be added: 6F, Resolution of Necessity for eminent domain. c. Staff requested item 4f be deleted from the Consent Calendar. d. Consent Calendar 4b should be as follows: Set public hearing date on March 5, 1980 for General Plan Amendments: No. 80-01 for T & S Development, located S/E corner of Highland and Haven. No. 80-02 for Lewis Homes, located S/E corner of Baseline and Haven. No. 80-03 for Daon Company, located N/E corner of Arrow and Haven. 3. COMMISSION REPORTS. a. Advisory Commission ~ none. b. Historical Commission - none. Council requested a report be made at this time regarding the recent storm damage. Mayor gave an overall summary of the flood problems in the City. He said this was the first storm of any magnitude which had been handled by our own city staff. Two years ago, the County was the agency responsible for the road maintenance. Speaking on behalf of the Council, he complemented the staff for the Job they did despite the lack of equipment and the many other problems they encountered. Bridge reported that at the last Zone l'Flood Control meeting it was pointed out that there were no further funds available to the cities for this next fiscal year other than for maintenance and for projects already under way. We could not expect any help from the County for flood control. City Council Minutes February 20, 1980 Page 2 Mr. Wasserman reported on the capability that the City had presently in dealing with storms. He said the City had only fifty employees; many other cities had more than that in their maintenance departments. He reported that volunteer help was received by many organizations, and we were able to use the equipment of some of the local project contractors (at a great deal of expense to the City). We also had available from four to eight County maintenance employees who worked under contract for us. Paul Rougeau, Associate Civil Engineer, reported on the major problem areas in the City. He said the City had two major areas which were: (1) Hellman, and (2) Beryl. Mr. Wasserman highlighted some of the alternatives which were available for funding community-wide projects. a. Seek voter approval to change the City's budgetary appropriation limit. b. Increase appropriation limit in accordance with emergency provisions of Proposition 4. c. Submit a General Obligation Bond Issue to the voters. d. Seek Tax Override approval of voters. e. Establish Special Assessment Districts to finance essential storm drain improvements. At 7:45 p.m. Lloyd Hubbs, City Engineer, arrived. The meeting was turned over to him who reported on the problems, solutions, costs for improvements, estimates of damages, etc. Mayor opened the meeting to the public. Roy Royster added that even Omnitrans had problems. One of their buses stalled during the storm. Mr. Blasingame, 6895 Carnelian Street, said there was about five inches of water that ran through his house. There was no way possible to get the water out. Mayor said this was something which could be worked out with the Engineering De- partment. Mr. Paul Rogerson, 8724 Avalon Street, said the problems never existed until the street was raised and new curbs put in. He felt this was the responsibility of the City. Mr. Bob Hatfield, 7437 Hellman Avenue, asked about the Beryl wash basin. He said it was very narrow and if any of the eucalyptus should fall and clog the basin, this would cause flooding of the homes on Hellman. Mayor suggested that two councilmembers, two planning commissioners, and staff members sit down to come up with some alternatives. Mr. Wasserman pointed out that there was already a storm drain committee in existence with Schlosser and Bridge as council representatives. Council concurred this selection was fine for this purpose also. Mayor called a recess at 8:25 p.m. At 8:35 p.m. the meeting reconvened with all Council members present. City Council Minutes February 20, 1980 Page 3 4. CONSENT CALENDAR. a. Approval of Warrants: Register No. 80-2-20 for $98,989.18. b. Set Public Hearing date on March 5, 1980 for General Plan Amendments: (1) No. 80-01 for T & S Development, located s/e corner of Highland and Haven. No. 80-02 for Lewis Homes, located s/e corner of Baseline and Haven. No. 80-03 for Daon Company, located n/e corner of Arrow and Haven. c. Refer claim for damages by Gladys Perry in the amount of $2~000 to the City (2) Attorney for handling. d. Approval of Alcoholic Beverage License renewal for Soup 'N Stuff, 9923-H (3) Archibald Avenue. (James R. and Jean A. Hyland). e. Tracts 9402-9403: Improvement Agreement Extension. (4) Owner: Olympus Pacific Corporation. Recommendation: Based upon the percentage of completed improvements and the reasons for the delays, staff recommends a six-month extension for the Agreement for tracta 9402-9403. ~v--A~eva~-e~-Agt''ee'me~-~e~-e~g~nee~g-~e~ee~-e~-6h~-~t~ee~-~n~-H~gh~a~ (5) Aven~ev--A½s~-a~e~e-M~-and-6~y-6~e~k-e~-e~ee~ee-eh~-Ag~eemeue~. ~Item removed from Consent Calendar}. g. Parcel Map No. 5671: Acceptance of bonds and agreements. (6) (z) Located on three 5+ acres of land located on the north side of Almond at the nortk end of Carnelian. Subdivider: Andrew Barmakian. Performance Bond (road) $ 8,500 Labor & Material Bond ~road) $ 8,500 Recommendation: For City, Counc±l to adopt Resolution No. 80-16 approving Parcel Map 5671 and the improvement agreement. Also) direct the City Engineer and City Clerk to sign the map and direct Mayor and City. Clerk to sign the agreement on behalf of the City. RESOLUTION NO. 80-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA~ CALIFORNIA) A~PROVING PARCEL MAP NUMBER 5671, (%ENTATIVE PARCEL MAP NO. 5671) IItPROVEMENT AGREEMENT, AND II~ROVEMENT SECURITY. h. Director Review No. 79-56: For construction of a building on the north side (8) of Whittram east of Etiwanda Avenue. Request by; Secondo Colombero. Recommendation: It is recommended that the City Council adopt Resolution No. 80-17 approving the agreement and direct the Mayor and City Clerk to sign the agreement in behalf of the City. RESOLUTION NO. 80-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 79-56. City Council Minutes February 20, 1980 Page 4 (9) i. Release of the following bonds: Tract 9378: Located on the northeast corner of Hillside Road and Archibald Ave. Owner: Regency Equestrian Estates Labor and Material Bond (water) $ 19,500 Tract 9379: Located on the east side of Archibald Avenue at Cinch'Ring Road. Owner: Regency Equestrian Estates Labor and Material Bond (water) $ 10,000 Tract 9432: Located on the east side of Haven Avenue south of 19th Street. Owner: Chevron Construction Company Labor and Material Bond (water) $ 25,500 Labor and Material Bond (sewer) $ 16,000 Labor and Material Bond (road) $ 81,000 Tract 9433: Located on the east side of Haven Avenue south of 19th Street. Owner: Chevron Construction Company Labor and Material Bond (water) $ 19,500 Labor and Material Bond (sewer) $ 12,500 Labor and Material Bond (road) $ 42,000 Tract 9434: Located on the east side of Haven Avenue south of 19th Street. Owner: Chevron Construction Company Performance Bond (water) $ 17,000 Performance Bond (sewer) $ 17,000 Tract 9636: Located on the southwest corner of Lemon Avenue and Archibald Avenue. Owner: Chevron Construction Company Labor and Material Bond (water) $ 14,000 Labor and Material Bond (sewer) $ 9,000 Labor and Material Bond (road) $ 40,000 Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar with the deletion of item f. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 5. PUBLIC HEARINGS. (lO)5A. An ordinance establishing the official date of service cou~nencement for the Planning Commissioners. Staff report by Jack Lam. The current Planning Commission was appointed on March 8, 1978. According to the present Ordinance, Commissioners Dahl's and Garcia's terms of office will expire on March 8, 1980. The urgency ordinance provides for an extension of the terms of office for all Planning Commissioners and establishes June 1, 1978 as the official date of appointment for the present Planning Commission. Motion: Moved by Bridge, seconded by Palombo to approve the urgency Ordinance No. 13-A and to waive the entire reading. City Council Minutes February 20, 1980 Page 5 The mayor opened the meeting for public hearing. There being no response, the hearing was closed. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Number and title read by Wasserman. ORDINANCE NO. 13-A (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PROCEDURE FOR EXTENSION AND ESTABLISHING JUNE 1, 1978 AS THE OFFICIAL DATE OF SERVICE COMMENCEMENT FOR THE RANCHO CUCAMONGA PLANNING COMMISSIONERS AND DECLARING THE URGENCY THEREOF. 6. CITY MANAGER'S STAFF REPORTS. (i1) 6A. School Fees. Staff report by Lauren Wasserman. (Mr. Empey was to give the report, however, he had been called out on an emergency). It was being requested that the $17,548.00 in SB-201 funds which was being held by the City be released immediately to the Alta Loma School District. Also, another $30,000 paid by the Olympus Pacific Company would be released once the appropriate agreements were signed by Olympus Pacific. The City Attorney pointed out that we would still require the signing of the hold harmless and indemnification agreements. Motion: Moved by Palombo, seconded by Mikels to release immediately the $17,584 in SB-201 funds to the Alta Loma School District which are on deposit in a trust account with the City. Also, it is recommended that the City pursue the signing of the necessary legal documents required to release the remaining $30,000 which is being held by the City. Mayor opened the meeting to the public for comments. There being no response, the public portion was closed. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6B. Clarification of policy re§ardin~ issuance of permits for fireworks stands. Staff (12 report by Jim Robinson. Mr. Robinson outlined the present procedure in selecting the groups for permits for fireworks stands. He said staff wanted to come to Council and let them know there were other alternatives they might want to consider in determining the groups to receive permits for 1980. Todate we have received six requests for stands for 1980. Mayor asked if anyone in the audience wanted to respond to this issue. There was no response. Mikels stated that the policy for this year was already established as outlined in the minutes of March 21, 1979. He said unless Council wanted to change this, then no action would be required at this time. Motion: Moved by Schlosser, seconded by Palombo to approve permits for fireworks for 1980 for the Sons of Italy, Miss Softball America, Alta Loma Cucamonga Jr. Women's Club, Rotary Club, and the Alta Loma Little League. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, and Frost. NOES: None. ABSENT: None. ABSTAINED: Bridge (He said he abstained as a protest to fireworks as a policy for the City). City Council Minutes February 20, 1980 Page 6 For 1981~ the Mayor suggested that Council not make any commitments since opinion could change after the vote in the City of Chino on April 8, and to wait until review of data from fire and police agencies of potential dangers. (13) Motion: Moved by Mikels, seconded by Palombo to defer any decision for future years until a later time. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. ABSTAINED: None. (14) 6C. Requmat from Arrowh,ad 3ustice Association to continue DarticiDatio~ for fiscal ~5~a~.Staff report by Lauren Wasserman. The Arrowhead Justice Association has requested that the City declare its intent to continue membership in the Arrowhead Justice Association for the coming fiscal year. If the City retains its membership in the Association, approximately $745,000 would be available to the region for various types of criminal justice grant activities. The City's matching share for the next fiscal year is estimated at approximately $1,664. Mr. Wasserman reported that there was some interest amongst the West End cities for forming a separate criminal Justice planning agency. They felt that available funds had been routed to the County without adequate consideration of any of the cities. Motion: Moved by Mikels, seconded by Bridge to remain in the AJA for the coming year and direct the Mayor and City Clerk to sign the Declaration of Intent to participate in the group for fiscal year 1980-81 with authorization to investigate other alternatives for future years. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (15) 6D. Travel funds for consultant coordination meetings. Staff report by Lauren Wasserman. There have been times during the course of the General Plan program, as well as with other consultant projects, when there arises a need for staff to attend out-of-town meetings of importance with consultants and other related parties in order to assure the best possible coordination of work. A budget had not been established for this purpose, therefore, each travel request must be approved by Council. Sometimes a meeting is necessary prior to a City Council meeting in which there would not be adequate time to make such a request. Staff was requesting that a contingency fund be established for such travel purposes. Motion: Moved by Bridge, seconded by Schlosser to approve a travel contingency fund in an amount not to exceed $500.00 for the purposes of travel relating to consultant projects. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (16) 6E. Reversion of acreage of Tract No. 9399 and 9400 for property located the north side of Banyan; west side of Beryl. Staff report by Jack Lam. City Council had set February 20 for public hearing to consider the reversion issue. Bonds have been posted and agreements signed. Therefore, Council has the option to accept these securities and agreements or to continue with the reversion. Bridge said he was strongly inclined to take the opinion to return this to acreage. He also disliked abandoned lemon groves. Therefore, we would like to see the design im- proved and asked if the desig~ ~ould be changed instead of going back to acreage. The City Attorney said this would require a complete redesign and to do this properly this should be reverted to acreage and have the developer submit a new tentative map. This, then, could be processed according to new city standards. Lam recommended that this be referred to the Planning Commission where they could work with the applicant in the redesign of the tracts. The City Attorney said we are not in the tentative map stage, but at the final map stage which has been recorded and reversion is the only way to accomplish these things. City Council Minutes February 20, 1980 Page 7 Mayor opened the meeting for public comments. Dr. Baldonistated they were trying to do everything right. However, he explained the problems they had encountered todate. This was the first day he had heard anything about the reversion. Nick Rocco, owner-partner, read a letter they had received from John Martin, Rancho Cucamonga Engineering Department. He stated the letter did not make it clear when the securities needed to be posted. They thought they were getting everthing in two weeks early only to discover they were five days late. Motion: Moved by Bridge, seconded by Schlosser to set March 5 for public hearing for the purpose of considering reversion to acreage to tracts 9399 and 9400. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6F. Added item: Resolution of Necessity. Staff report by Robert Dougherty, (171 City Attorney. The original Resolution of Necessity regarding the Teasdale property which was adopted on November 15, 1978 was defective in that reference to the particular State law authorizing condemnation was omitted. This had been discovered shortly after the commencement of the law suit. No corrective action had been taken because it appeared a settlement would be made by Mr. Teasdale. It now appears that the City will have to proceed with the litigation. Therefore, a new notice of hearing needs to be set and a new Resolution of Necessity needs to be adopted. It is recommended that March 19, 1980 be set for the public hearing. Motion: Moved by Mikels, seconded by Palombo to set March 19, 1980 for public hearing for consideration of the Resolution of Necessity for the Teasdale property. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 7. CITY ATTORNEY'S REPORTS. Mr. Dougherty made an oral report on the Agin vs. the City of Tiburon case. This case was now going before the Supreme Court and a plea for financial aid was being mede to interested cities. Mr. Dougherty said the outcome of this would be very beneficial to the City of Rancho Cucamonga in regards to its zoning. He recommended that we help support this issue. Motion: Moved by Bridge, seconded by Palombo to table the item until March 5 and direct the City Attorney to contact the City of Tiburon to find out anticipated costs. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 8. NEW BUSINESS. a. Mr. Hubbs announced that he had just received word that an estimate of $480,000 had been made for damage during this last storm. 9. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. The meeting adjourned at 10:20 p.m. Beverly Authelet Deputy City Clerk February 19, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Joint City Council-Planning Commission Meeting Adjourned Special Meetin8 1. CALL TO ORDER. A special adjourned meeting of the City Council with the Planning Commission was held in the Neighborhood Center, 9791 Arrow Highway, Rancho Cucamonga, on Tuesday, February 19, 1980. The meeting was called to order at 7:17 p.m. by Mayor James C. Frost. Present: Councilmen Phillip Schlosser, Jon Mikels, Arthur Bridge, and Mayor James C. Frost. Planning Commissioners Laura Jones, Jorge Garcia, Peter Tolstoy, and Herman Rempel, chairman. Absent: Councilman Michael Palombo and Planning Commissioner Richard Dahl. Mayor Frost introduced members of the Planning Commission and City Council. 2. PURPOSE OF MEETING. Mayor Frost said the reason for the meeting was to evaluate the energy conservation options available to the City as we adopt the city's first General Plan. Mr. Lam, Community Development Director, introduced the speakers for the progrma. 3. PRESENTATIONS. (1) The following presentations were made: Tom Tomast, Manager, Community Assistance Group in the Office of Appropriate Technology, discussed how the various plan elements related to energy demand. He also gave a brief identification of how plan policies may reduce demand through conservation or use of non-depletable energy resources. Lance Muller, Manager, Local Action Program, California Energy Commission, discussed energy conservation options in buildings; how buildings use energy. He also dis- cussed energy standards for new construction under Title 24. Richard Gaines, Solar Office, California Energy Commission, discussed basic principals of passive and active solar energy, solar system options, and solar sub- division design. Fred Etzel, Sedway/Cooke, discussed energy transportation option~ Following the presentations, a discussion of energy policy options ensued. * Art Bridge felt the City may be innovative by not requiring wide streets through- out residential neighborhoods. *Tom Tomasi indicated that narrow streets often encourage drivers to slow down when traveling through residential areas. *Richard Gaines said that public works and engineering staff members generally are reluctant to reduce size of streets from "standard" widths. 4. ADJOURNMENT. Motion: Moved by Mikels, seconded by Schlosser to adjourn the meeting to the next regular City Council meeting on Wednesday, F~bruary 20, 1980. Motion unanimously carried. Motion: Moved by Tolstoy, seconded by Jones to adjourn the meeting to the regular Planning Commission meeting on Wednesday, February 27, 1980. Motion unanimously carried. The meeting adjourned at 11:14 p.m. Respectfully submitted, Z-~,,~ure~ ~..~sse~ City Clerk