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HomeMy WebLinkAbout1979/11/07 - Minutes November 7, 1979 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re. gular Meetin~ ---- 1. CALL TO ORDER. The regular meeting of the City Council was held in the multi-purpose room of Carnelian Elementary School, 7105 Carnelian Street, Rancho Cucamonga, on Wednesday, November 7, 1979. The meeting was called to order at 7:08 p.m. by Mayor James C. Frost who led in the pledge of allegiance to the flag. Present: Councilmen Schlosser, Mikels, Palombo, Bridge, and Mayor Frost. Also present were staff members: City Manager Wasserman, Assistant City Attorney Dougherty, Assis- tant City Manager Robinson, Community Development Director Lam, City Engineer Hubbs, Finance Director Empey, Community Services Director Holley. Approval of Minutes of October 17, 1979. Councilman Mikels requested that the following be added to the minutes on page 5, paragraph 4. "The DRC shall have the right to develop its own. rules and regulations for conductin~ its meetings in addition to developing and adopting design criteria and standards." Motion: Moved by Palombo, seconded by Mikels to approve the amended minutes. Motion carried 5-0. 2. ANNOUNCEMENTS. a. Michael Palombo has been appointed as alternate to Fred Aguiar, City Councilman from Chino, on the CETA Regional Council. b. Mikels announced that he had two names to recommend to Council for the filling of the vacancy on the Historical Commission. They were: Eugene Billings and Bill Tangeman. He suggested Council could vote by secret ballot or they could deliberate. Schlosser asked if both persons could be appointed to the Historical Commission. The City Attorney said it would require an amendment to the Historical Ordinance. Council chose to vote secretly. City Clerk handed each Councilman slips of paper. After each one had cast his ballot, the city clerk collected the ballots and handed them to the Mayor. Mayor read them and then passed them to each Councilman, and then entertained a motion. Motion: Moved by Bridge, seconded by Palombo to appoint Eugene Billings to the Historical Commission. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. c. Schlosser announced he had attended an Omnitrans meeting earlier in the day. The discussion before them was on the new rate increase which was a very heated subject especially to the elderly and handicapped. d. Advisory Commission meeting on November 15 at 6:30 p.m. in the Library Conference Room. e. Staff requested item 6D, Violation hearing for property located at 6236 Mayberry Street, be deleted from the agenda since the problem has been resolved. Also, remove item "m" from the Consent Calendar (approval of Parcel Map 5269). Add item "L" to the staff reports -- Clarification of the commercial alternatives on the interim land use element of the General Plan. Council concurred with the above changes to the agenda. f. Staff also requested the meeting be adjourned to an executive session to discuss pending litigation. Council concurred. City Council Minutes November 7, 1979 Page 2 3. COMMISSION REPORTS. a. Advisory Commission. There were none. b. Historical Commission. Leonard Gorczyca, Chairman, thanked the Council for the appointment on the Historical Commission. He said the Commission will be holding a public hearing on the historical landmark designation for the Alta Loma rail- road on November 13 at 7:00 p.m. in the Library Conference Room. 4. CONSENT CALENDAR. Councilman Mikels requested item "1" be removed for further discussion. Approval of Warrants: Register No. 79-11-07; for $246,406.88. b. Refer claim against the City by Marlene A. Parks to the City Attorney for handling. Amount of Claim is $56.68. c. Refer claim against the City by (The Estate of) Frank James Ronouillo to the City Attorney for handling. Amount of Claim is $2,000,000.00. d. Authorization to Attend California Transportation Commission meeting. Authorization is requested for the City Engineer to attend the November meeting of the California Transportation Commission in San Jose if necessary. The status of the Foothill Freeway study may be discussed at that meeting. e. It is recommended that the Deputy City Clerk be authorized to attend a workshop for city clerks on Friday, November 16, and Saturday, November 17. The cost to the city is approximately $75. Funds are available in the City Manager's meetings and travel account. f. Recommend conference attendance National League of Cities Annual Conference. Authorization is requested for the mayor to attend the Annual Conference of the National League of Cities in Las Vegas, Nevada, November 24-25. Now that the City is a member of the National League of Cities, it is appropriate that we maintain an active role in the organization. Among issues to be considered at the annual conference are future of revenue sharing, the block grant program and similar items of concern to our community. (1) g. Authorization to Advertise for Signal Construction. (0601-01 BID) ~ Request authorization to advertise for bids for the construction of traffic signals at Baseline and Hellman Avenue and at Church Street and Archibald Avenue. Construction will be funded 100% through FAU funding. (2) h. Reduced Speed Limit on Highland Avenue. (1141-10 SPEED LIMITS) It is recommended that a 35 MPH speed zone should be established to make radar speed enforcement possible. Also, a no parking zone should be established through the narrow portion where an asphalt curb prevents vehicles from parking off the roadway. City Council Minutes November 7, 1979 Page 3 RESOLUTION NO. 79-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ESTABLISH SPEED LIMIT ON HIGHLAND AVENUE TO 35 MPH BETWEEN AMETHYST STREET AND ARCHIBLAD AVENE. Tract 9194: Accept roads and release bond (0602-01 BOND REleASE) (3) Located at the northwest corner of Arrow Route and Turner Avenue Owner: Arnold D. Anderson Performance Bond (road) $30,000 (surety) Tract 9426 Release of bonds Located on the north side of Hillside Road, west of Turquoise Avenue Owner: Crowell/Leventhal, Inc. Performance Bond (Water) $32,000 (Surety) Tract 9422-1 Release of Bonds Located of the east side of Romona Avenue, south of Church Street Owner: Marlborough Development Corporation Performance Bond (sewer) $52,000 (surety) Performance Bond (water) $59,000 (surety) Tract 9596 Accept Roads and Release Bonds Located on the east side of Carnelian Street, ~-- north of Banyan Street. Owner: Gary Miller Performance Bond (road) $92,000 (surety) Performance Bond (water) $31,000 (surety) Tract 9595 Accept Roads and Release Bonds Located on the northeast corner of Carnelian Street and Banyan Street Owner: Gary Miller Performance Bond (Road) $104,000 (surety) Tract 9525 Accept Roads and Release Bonds Located northwest of the intersection of Turner Avenue and Arrow Route at Placer Street Owner: Arnold D. Anderson Performance Bond (road) $56,000 (surety) Performance Bond (water) $38,000 (surety) Performance Bond (sewer) $39,000 (surety) on-site Performance Bond (sewer) $ 9,000 (surety)off-site Tract 9448 Release of Bonds Located on the southwest corner of Beryl and Banyan Streets Owner: Meeker Development Company Landscape and Irrigation Bond $10,000 Block Wall Bond $10,000 City Council Minutes November 7, 1979 Page 4 Tract 9274 Release of Bonds Located on the west side of Hellman Avenue, north of Arrow Route Owner: M.J. Brock and Sons Block Wall Performance Bond $252,000 Tract 9256 Release of Bonds Located on the northeast corner of Beryl Street and Hillside Road Owner: R.L. Sievers and Sons, Inc. Cash Bond for Fence Removal and $300.00 Street Repair Tract 9381 Release of Bonds Located adjacent and east of Hermosa Avenue, north of Lemon Avenue Owner: Lesney Development Company Landscaping Bond $16,000 Tract 9381 Accept Roads and Release Bonds Located south of Wilson Street and east of Hermosa Avenue Owner: Lesney Development Company Labor and Material bond (road) $68,000 Labor and Material bond (water) $20,000 Labor and Material bond (sewer) $20,500 Tract 9521 Release of Bonds Located on the west side of Archiblad Avenue, north of Hillside Road Owner: Lewis Homes Performance Bond (water) $60,000 Tract 9382 Release of bonds Located on the southwest corner of Haven Avenue and Base Line Road Owner: Lesney Development Company Landscaping Bond $32,000 Tract 9305 Accept Replacement Bonds Located on the northeast corner of Hermosa Avenue and Monte Vista Owner: The Jones Company Performance Bond (road) $30,000 (New Bond) ---- $152,000 (Old Bond) Tract 9305 Release of Bonds Located on the northeast corner of Hermosa Avenue and Monte Vista Owner: The Jones Company Labor and Material Bond (sewer) $21,500 Labor and Material Bond (water) $25,000 City Council Minutes November 7, 1979 Page 5 Tract 9240 Release of Bonds Located north of Banyan Street and west of Hellman Avenue Owner: Prado Woods Corporation Cash Staking Bond $ 960.00 --- j. Parcel Map 3382/4693 - Release of Bonds Located at 19th and Sapphire Streets Owner: Vanguard Companies Cash Bond - Labor and Material $6,043.89 (street improvements) k. Parcel Map 4433/Minor Subdivision 77-0449 - Release Certificate of Deposit Located on the west side of Amethyst Street, north of Banyan Street Owner: Delbert S tonebraker Certificate of Deposit $ 3,500.00 1. Removed. - see below (4) m. Removed. n. General Plan Amendment No. 79-03D - City of Rancho Cucamonga. (0203-03 GP AMEND) A change from the present designation of low density residential to medium density residential for property bounded by Red Hill Country Club Drive, Tapia Via, Rancheria Drive and San Bernardino Road. For public hearing before the City Council on December 5, 1979. o. General Plan Amendment No. 79-03E - City of Rancho Cucamonga. (0203-03 GP (6) A change from the present designation of medium density residential to low density residential for property located on the northwest corner of Baseline and Haven. For public hearing before the City Council on December 5, 1979. p. General Plan Amendment No. 79-031 - City of Rancho Cucamonga.(0203-03 G? B_MEND) (7) A change from the present designation of low density residential to medium density residential for property beginning at a point 660' west of Haven on the north side of Baseline and extending approximately 670' along Baseline and extending north to the Pacific Electric Railroad right-of-way covering approximately 20.6 acres of land. For public hearing before the City Council of December 5, 1979. Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar excluding items "1" and "m". Motion carried 5-0. Item "1" -- Mikels asked for clarification. Hubbs explained that the request for an extension of time came because the owner could not proceed with improvements until .__ the Cucamonga County Water District's weir box was removed. The Water District had at one time requested that this remain until the determination was made of its usefulness. The owner has received confirmation from the Water District that the box may now be removed. Thus, the owner was requesting an extension of time. The city was requiring an increase in the surety to keep current with present Costs. (1110-10 S DRAIN PI) Motion: Moved by Mikels, seconded by Palombo to approve the request for time extension. Motion carried 5-0. City Council Minutes November 7, 1979 Page 6 5. PUBLIC HEARINGS. (8) 5A. An ordinance establishing a Design Review Committee and criteria for architectural review for development within the City of Rancho Cucamonga. Report by Jack Lam. (0701-01 COMMITTEE) The ordinance creates a Design Review Committee consisting of two Planning Commission members and the Director of Community Development or his designee. The committee will meet twice monthly as needed. The time and place for the meetings will be established by a Resolution of the Planning Commission. The ordinance also sets forth criteria which the committee will use in reviewing the design of a project. Meeting was opened for public hearing. There being no comments, the hearing was closed. Motion: Moved by Palombo, seconded by Schlosser to approve Ordinance No. 89 and waive entire reading. Motion carried by following vote: AYES: Schlosser, Palombo, Bridge, and Frost. NOES: Mikels. ABSENT: None. Mikels stated his reason was expressed at the October 17, 1979. meeting -- that is the DRC should not have the sole right to develop rules and regulations for conducting its meetings without Council review. Title and number read by Wasserman. ORDINANCE NO. 89 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A DESIGN REVIEW PROCEDURE WHICH ESTABLISHES A DESIGN REVIEW COMMITTEE AND DESIGN REVIEW CRITERIA. (9) 5B. An ordinance establishing regulations pertaining to the.playing of bingo in ..... the City of Rancho Cucamonga. Report by Harry Empey. (0703-03 GAMBLING) The ordinance establishes regulations for bingo games to help prevent illegal games from taking place within the city. Mayor opened the meeting for public hearing. There being no comments, the hearing was closed. Motion: Moved by Palombo, seconded by Mikels to approve Ordinance No. 90 and waive entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. ORDINANCE NO. 90 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE ELIGIBILITY OF AND REGULATIONS PERTAINING TO THE PLAYING OF BINGO WITHIN THE CITY OF RANCHO CUCAMONGA. (10) 5C. An ordinance establishing the Residential Growth Management Plan. Report by Jack Lam. (0203-05 GROW MGMT) First reading of the ordinance was continued from the October 3, 1979~ meeting to allow staff time to meet and work with interested groups and individuals to refine the Growth Management Plan. Participants of these meetings included representatives oz the Building Industry Association, Chamber of Commerce, and Board of Realtors. Many issues had been resolved from these meetings. However, the one remaining issue before Council is the establishment of the date of first application submittals. The two alternative tri-annual review periods and corresponding submittal dates for consideration are: City Council Minutes November 7, 1979 Page 7 ALTERNATIVE 1: Review Period 1: May 1-August 31 Application filing period: May 1-May 31 Review Period 2: September 1-December 31 Application filing period: September 1-September 30 Review Period 3: January 1-April 30 Application filing period: January 1-January 3]_ ALTERNATIVE 2: Review Period 1: August 1-November 30 Application filing period: August 1-August 31 -- Review Period 2: December 1-March 31 Application filing period: December 1-December 31 Review Period 3: April 1-July 31 Application filing period: April 1-April 30 Mikels questioned the intent of the language in Section 3-B of Ordinance No. 86. After some discussion, the Mayor asked the Cit~ Attorney to clarify the section and Council would come back to this later. Mayor opened the meeting for public hearing. Those speaking were: Ron Mayfield. He asked that Council entertain a motion to drop the moratorium on four lots or less and parcel maps since they are exempt from the ordinance. The City Attorney stated that the ordinance was drafted to prevent four by fouring and repeated minor subdivision involving the same parcels. Kay Matlock, Lewis Homes, requested one change. She felt the minimum points in the architectural design, landscaping design, and site and street design sections --- should be eliminated so costs could be kept to a minimum in order to be able to build affordable homes. Bill Lawrence, William C. Lawrence Company, also spoke that the minimum points should be reduced or eliminated in the architectural design section. Ken Willis, Building Industry Association, said the industry was working on the problem of school capacity. However, the main problem was the uncertainty of development in Rancho Cucamonga. Further delay would be signaling the developers that Rancho Cucamonga is not the City to go to with development. He said they would like to see the date for the filing of maps set as May 1, 1980. Jeff Serenka spoke for the Board of Realtors and concurred with Ken Willis that to put off building, we would be signaling developers and investors that we are not ready for development. He recommended adopting the May 1 filing date. Ralph Lewis, Lewis Homes, stated he had several concerns which were: -Requirement of a school letter should be negotiable, not mandatory. -Developers need assurance they could build a certain number of homes per year. -Proposed high school should not be so fancy. Doug Hone, Hone and AssociateS, Inc., stated that the Board of Directors of the Chamber of Commerce was in support of the adoption of Ordinance No. 86 with the filing date stipulated as soon as possible. They would like to support the ordinance as drafted. Bill Young, Vanguard Builders, supported the May 1 date for filing. He asked that tracts which had been filed with the County be credited the fees so they would not have to pay the fees again. City Council Minutes November 7, 1979 Page 8 Gary Frye, William Lyon Company, supported the Growth Management Plan with the May 1 date for filing. There being no further comments from the audience, the Mayor closed the hearing. After some discussion by the Council, it was moved by Bridge, seconded by Palombo to adopt Ordinance No. 86 inserting the application filing period as soon as possible, but no later than August 1, 1980. Mr. Dougherty said the ordinance should be adopted with a firm date. The oz~dinance could be amended later if the time could be moved forward. Bridge and Palombo concurred, therefore, the motion was changed to insert the August 1, 1980, date. Mr. Dougherty said he now had the wording for Section 3-B. He suggested that the last sentence be revised to read "subdivisions for the sole purpose of separating different zoning districts shall be exempt from the provisions of this ordinance. Further subdivision of the residential portion of such subdivision shall be subject to the provision of this ordinance." Gene Hoggart, Lewis Homes, said there was not a third alternative filing period mentioned in the agenda. Mr. Lam pointed out it had been inadvertently omitted. Motion: Original motion was moved by Bridge, seconded by Palombo to approve Ordinance No. 86 with the filing date of August 1, 1980, with the change in Section 3-B, to set November 21 for second reading, and to waive entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. ORDINANCE NO. 86 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RA~qCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A GROWTH MANAGEMENT PLAN TO REGULATE NEW RESIDENTIAL DEVELOPMENT IN THE CITY OF RANCHO CUCAMONGA. Mayor called a recess at 9:10 p.m. The meeting reconvened at 9:25 p.m. with all Council members and staff members present. Mayor said he had talked with the City Attorney during the recess and wanted to request that item 6-B, "Request for an adjustment in the SB-201 fees for Central School District," be pulled from the agenda so that the City Attorney would look into it further. Dr. Norman Guith, Superintendent of the Central School District, said he wished to address Council. If after hearing his position,~the Council still wished to send the item back to the staff, that was okay. Council agreed to leave the item on the agenda. (11) 5D. Public hearing regarding the establishment of Landscape Maintenance District No. 1. Report by Lloyd Hubbs. (0401-03 I_~RN%)SCAPE MD) At the October 17, 1979, City Council meeting, the Council gave preliminary approval of the Engineer's Report and passed the Resolution of Intention to form Landscape Maintenance District No. 1. The item was before Council for the public hearing. Mr. Hubbs stated that notice had been published and posted. No response had been received. Mayor opened the meeting for public hearing. There being no comments, the hearing was closed. Motion: Moved by Schlosser, seconded by Mikels to adopt Resolution No. 79-89 and to waive entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. RESOLUTION NO. 79-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NUMBER 1. City Council Minutes November 7, 1979 Page 9 6. CITY MANAGER'S STAFF REPORTS. 6A. Consideration of a request to hold the November 21, 1979 meeting, a.t the Neighborhood Center. Report by Bill Holley. Mr. Holley presented a recommendation to change the meeting place for the November 21 meeting. Since the City Council would be conducting a hearing for the renaming of streets in the southeast section of the City, he said that perhaps holding the meeting in the Neighborhood Center would help as an incentive to get the local --- residents out in the area. He also suggested that perhaps Council might like to meet in various areas in the City upon occasion to help stimulate interest in the Council meetings. Motion: Moved by Mikels, seconded by Palombo to hold the November 21, 1979 City Council meeting at the Neighborhood Center at 9791 Arrow Highway in Rancho Cucamonga at the usual time of 7:00 p.m. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6B. Request for an adjustment in the SB-201 fees for Central School District. Report (12) by Jack Lam. (0401-12 FEES) Mr. Lam turned the meeting over to Dr. Guith who made his presentation to Council. His request was for $1665 in fees for the Central School District. Ken Willis, Building Industry Association, read a letter stating the Building Industry's position. Charles Doskow, Attorney for the BIA, spoke in behalf of the Industry's position. Gary Frye, William Lyon Company, said they did not expect to build all the projected homes in 1980, but had not had the opportunity to talk with the School District about this yet. Since there was a difference in figures, Mayor suggested that staff should look into this and have the builders and School District get together and come up with a firm set of figures. Motion: Moved by Mikels, seconded by Schlosser to hold the item to allow the builders and School District time to work on an agreement, have the City Attorney review it, then bring back to Council on November 21 with recommendations. Dr. Guith said this was acceptable. Motion was passed on the recommendation of the mayor. 6C. An appeal of Planning Commission action for a request of waiver of conditions (13) of approval for the property located ~ 300' west of the Devore Freeway on the south side of Foothill Boulevard known as Beaver Building Supply. Report by Barry Hogan. (0701-06 APPEAL) Mr. Hogan presented the background and showed slides of the area. The Planning Commission had denied the applicant's request for a waiver and had directed him to cease and desist his operation immediately. Mr. Longley, the applicant,had started operation of the use by locating building materials and a construction shack on the site without meeting any conditions of approval. The applicant was requesting to be allowed to continue his operations while providing the improvements per an improve- ment schedule which had been submitted to the Planning Commission. Mr. Tracy Tibbals, attorney for the applicant, addressed the Council. He asked that Council grant a 90-day extension or allow the project to go to another location. Motion: Moved by Palombo, seconded by Schlosser to uphold the Planning Commission's recommendation and to deny the request. Council continued deliberations, then a call was made by Bridge for the question. Motion to uphold the Planning Commission's decision to cease and desist was carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. City COuncil Minutes November 7, 1979 Page 10 (14) 6E. Request for financial assistance for the Alcohol Education Program. Report by Lauren Wasserman. (0409-04 ALCOHOL) Mr. Wayne Anderson of the Wayne Fanning Alcohol Education Program addressed Council and answered questions. Palombo said he was aware of three similar projects that serviced our area, and therefore, wanted to review this before making a decision. Council concurred. Motion: Moved by Palombo, seconded by Mikels to refer this back to staff for further study. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (15) 6F. Citizen participation for the General Plan. Report by Jack Lam.(0203-03 GEN Council had received a memorandum from Jack Lam on November 5 with suggestions that a committee be formed with the following representation: (2) City Council appointed by themselves (2) Planning Commission appointed by themselves (2) Alta Loma Citizens Advisory Com. appointed by themselves (2) Cucamonga Citizens Advisory Com. appointed by themselves (2) Etiwanda Citizens Advisory Com. appointed by themselves (1) Local small business & professional concerns Don Hardy, Prudential Insurance (1) Industrial concerns Jeff Sceranka, Lucas Land (1) Building & development concerns Ken Willis, BIA (1) Low and moderate income housing concerns Nate Rosenberg,Inland Cnty Leg (1) Schools Norm Guith, Superintendent (1) Parks and recreation Catherine Bridge (1) North Town Nacbo Gracia, C-Pac (1) Equestrian Pam Henry, A.L. Riding Club Herman Rempel, Chairman of the Planning Commission, said that someone on the --~ committee should represent the youth. Bridge suggested that perhaps an "older youth" should be considered. One that lived in the community; a homeowner. Mayor asked if anyone had any objections to the list as presented. There were none. Motion: Moved by Mikels, seconded by Palombo to concur with the list representatives on the Citizens Participation Committee as submitted. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Council appointed the following to represent the two positions for the Council: Motion: Moved by Schlosser, seconded by Palombo to appoint Mikels and Frost. Motion carried. An additional position to represent Senior Citizens was discussed. Mr. Holley was asked if he thought the VIP Club could make a recommendation for someone to sit on this committee. Mr. Holley said he would take it to the group the next day since they would be meeting. For the youth position Council suggested that someone contact the young gentleman who had been seated in the front row that evening. Mr. Holley said Tom Wickum had been talking with him and knew his name. Motion: Moved by Palombo, seconded by Mikels to approve staff contacting that gentleman to serve to represent the youth. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. Mr. Lam said the first meeting of the Citizens Participation Committee was to be held on Monday, November 26. City Council Minutes November 7, 1979 Page 11 6G. Storm Drain Master Plan Update. Report by Lloyd Hubbs. (1110-10 ST DRAIN) (16) An agreement had been submitted to Council for approval with L.D. King to prepare a phased update of the City's Master Plan of Storm Drains. L. D. King had been selected from five firms that had submitted proposals for the work. A selections committee had been formed consisting of two members of the Council, the chairman of the Planning .__ Commission, a representative of the Chamber Industrial Committee, the County Flood Control Engineer, and the City Engineer to interview representative~ from the five firms. L.D. King had been selected by this committee. Motion: Moved by Mikels, seconded by Schlosser to approve the execution of the - agreement and appropriation of storm drain funds to conduct the Scope of Work as described. Motion carried by the following vote: AYES: Schlosser, Mikels, Bridge, Frost. NOES: None. ABSENT: Palombo (had temporarily left the room). 6K. Request by Barmakian Wolff and Assoicates for exemptions from the moratorium. (17) Report by Jack Lam. ('Council had concurred to change the order in the agenda). (0203-05 MORATORIUM) Andrew Barmakian of Barmakian Wolff and Associates addressed the Council. He ex- plained the situation they were in and the need to be exempt from the moratorium. The City Attorney pointed out that the moratorium makes no provision for exceptions for hardship or other reasons. In order to make such provisions, an ordinance revision would be required. This would then make hardship exemptions universal to all. Motion: Moved by Palombo, seconded by Mikels to deny the request. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6H. Services for Prosecution of City'violations. Report by Lauren Wasserman. (18) (0602-01 CONTRACT) The West End city managers had worked together with the County District Attorney's office in working out an agreement with the District Attorney's office to handle proseauti6~s~ At the time, both the City of Rancho Cucamonga and Ontario made no commitment to participate in the program since both agencies are receiving an ade- quate level of service. Rancho Cucamonga is using the law firm of William Cuthbert, Inc. to handle its cases. Mikels said he had talked with some local attorneys who would like to represent the City and have our business. The City Attorney explained that the supreme court had made a ruling that a city attorney may not perform prosecutorial functions on behalf of a city if he, or a member or associate of his firm, represents defendants in criminal cases. William Cuthbert has a corporate business, not a criminal one. Motion: Moved by Palombo, seconded by Bridge to retain the services of William Cuthbert, Inc. and to contact the County District Attorney's office to keep options open for the future. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6I. Resolutions ad3ustipg ~he ~onthlv salary for the City Clerk and City Treasurer. (19) Report by Lauren Wasserman. (0502-02 PERSONNEL) The City Attorney had changed the resolutions which had been submitted to the City Council as follows: "The City Council of the City of Rancho Cucamonga does resolve and determine that the salary of the City Clerk (City Treasurer) is established at $1.00 per month." Motion: Moved by Schlosser, seconded by Palombo to approve Resolution No. 79-87 and to waive entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. City Council Minutes November 7, 1979 Page 12 RESOLUTION NO. 79-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING THE SALARY OF CITY CLERK. Motion: Moved by Schlosser, seconded by Palombo to approve Resolution No. 79-88 and to waive entire reading. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. RESOLUTION NO. 79-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING THE SALARY OF CITY TREASURER. (20) 6J. Consideration of a policy to .prohibit smoking within the new Lion's Park Community Center. Report by Bill Holley. (1403-00 ENVIRON) Mr. Holley presented a request for council's consideration to endorse a policy of "no smoking" in the new Lion's Park Community Center. Motion: Moved by Mikels, seconded by Palombo to endore a "no smoking" policy for the Lion's Park Community Center. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. 6L. Added item. Request to set date for General Plan hearing for December 5 for the purpose of clarification of the commercial alternatives. --- Motion: Moved by Palombo, seconded by Mikels to set December 5 for public hearing for 79-03F. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. (21) 6M. Added item. Mr. Wasserman introduced Ordinance No. 91 which establishes December 5 for the first regular meeting in the Lion's Park Community Center. (0100-00 ADMIN) Motion: Moved by Palombo, seconded by Mikels to approve Ordinance No. 91. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. Mr. Wasserman read the Ordinance in full. ORDINANCE NO. 91 (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELATIVE TO THE LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 81 AND PROVIDING FOR ITS ADOPTION AS AN URGENCY ORDINANCE. 7. CITY ATTORNEY'S REPORTS. None 8. NEW BUSINESS. None. 9. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn to an executive session. Motion carried 5-0. Meeting adjourned at 12:15 a.m. The Executive Session adjourned to Tuesday, November 13 at 4:00 p.m. at City Hall for a special Managment Development Session with the city staff. Meeting adjourned at 12:30 a.m. Respectfully~ ~uthelet Deputy City Clerk