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HomeMy WebLinkAbout1979/10/17 - Minutes October 17, 1979 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 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, October 17, 1979. The meeting was called to order at 7:10 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, Assistant City Manager Robinson, Community Development Director Lam, City Engineer Hubbs, Finance Director Empey, Community Services Dire~ctor Holley. Approval of Minutes of October 3, 1979, Motion: Moved by Palombo, seconded by Schlosser to approve minutes of October 3, 1979. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge and Frost. NOES: None. 2. ANNOUNCEMENTS. a. Rancho Cucamo~ga will be hosting the Planning Commissioners' Conference on November 8. The meeting will be held at the Magic Lanpbeginning at 6:30 p.m. for a social hour. b. Citrus Belt Division of the League of California Cities will be meeting on Wednesday, October 24, at 7:00 p.m. c. Blood Bank on Tuesday, October 30, from 10:00 a.m. to 2:00 p.m. at Chaffey College. d. Saturday, November 3, an Energy Fair at the Claremont Memorial Park. Congress- man Jim Lloyd will be present. e. Historical Commission meeting on October 18 at 7:00 p.m. There will be a public hearing regarding the Alta Loma Railroad Station. f. Palombo stated he had two meetings on Thursday, October 18, to attend. One, the Arrowhead Justice Assoc, the other was West Valley Transit meeting. He needed someone to cover one of the meetings for him. Jim Robinson volunteered to cover the West Valley Transit meeting. g. Staff requested an additional staff item be added; Subject: "Committee Participa- tion in the Growth Management Process." Request was granted. h. Staff requested to meet with Council following the meeting in an executive session to discuss pending litigation. Council concurred. 3. COMMITTEE REPORTS. a. Advisory Commission - none. _-- b. Historical Commission - none. 4. CONSENT CALENDAR. Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar as follows: Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. City Council Minutes October 17, 1979 Page 2 a. Approval of Warrants: Register No. 79-10-17; for $581,125.85. b. Approval of Alcoholic Beverage License for Mahnaz & Manoochehr Sadeghian, Rocky's New York Style Pizzeria; on sale beer and wine eating place; new license. Location: 9615 Foothill Blvd. c. Approval of Alcoholic Beverage License for Circle K Corporation, 12854 Foot- hill Blvd; change in names; dropping partner. d. Approval of Alcoholic Beverage License for Roy Sanam, Red Hill Liquor; change in name. e. Approval of Alcoholic Beverage License for Alpha Beta Company, 6753 Carnelian; new license. !1) f. Approval of consultant's agreement for engineering design and construction staking services in conjunction with the street improvements for the "North Town" area, to be funded through HUD Block Grant funds. Authorize mayor and city clerk to execute agreement. (0602-01 CONTRACT) (0203-04 CDBG) (2) g. Tract 9436: Accept agreement and securities from Chevron Land and Develop- ment Co.; located: east of Haven at Victoria; consists of 27 lots. (0602-01 BOND ACCPT) (1002-07 MBJP FINAL) Performance bond (road) $106,000 Labor & Material (road) $106,000 RESOLUTION NO. 79-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9436. (3) h. Tract 9437: Accept agreement and securities from Chevron Land and Develop- ment Co.; location: east of Haven at Victoria; consists of 28 lots.(0602-01 BOND ACCPT) (1002-09 MAP FINB_L) Performance bond (road) $124,000 Labor & Material (road) $124,000 RESOLUTION NO. 79-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9437. i. Tract 9444: Accept agreement and securities from Rancho De Cucamonga (Mark III Homes, Inc.); location: northeast corner of Banyan and Amethyst; consists of 20 lots. (0602-01 FOND ~CCPT) (1002-09 MAP FINAL) Performance letter of credit (road) $76,000 Labor & Material letter of credit (road) $76,000 RESOLUTION NO. 79-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9444. --~ City Council Minutes October 17, 1979 Page 3 j. Parcel Map 4805: Approval of Parcel Map 4805, authorize City Clerk and City Engineer to sign map and forward for recordation. Location: south side of Church between Ramona and Archibald. (1002-09 M~P PARCEL) RESOLUTION NO. 79-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNA, APPROVING PARCEL MAP NUMBER 4805, (TENTATIVE PARCEL MAP NO. 4805). k. Release of the following bonds: (0602-01 BOND REI~SE) Minor Subdivision W76-0198 - Release of Storm Drain Channel Letter of Credit. Located on the west side of Amethyst at Valley View. Owner: Harold E. Miller. Letter of Credit (storm drain channel) $17,600 Tract 9298: Accept roads and release bond to Manfred Hall. Located on south side of Vicara Drive between Sapphire and Jasper. Performance bond (road) $34,000 Tract 9634: Accept roads and release bond to Chavanne Realty, Inc. Located on south side of Banyan between Beryl and Hellman. Performance bond (road) $70,000 5. PUBLIC HEARINGS.' 5A. Ordinance No. 88 before Council for second reading which establishes a negative (7) declaration and zone change from A-1 (limited agriculture) to M-2 (heavy industrial) for 38.56 acres of land located on the north side of Arrow, approximately 1300 feet east of Interstate 15. Request by Meridian Construction (Zone Change Request No. 79-08). Staff report by Jack Lam. (0203-09 DD AMEND) The mayor opened the meeting for public hearing. Since there were no comments, the public hearing was closed. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 88 and waive entire reading. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. Title and number was read by Wasserman. ORDINANCE NO. 88 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 229-021-59 FROM A-1 TO M-2 FOR 38.56 ACRES LOCATED ON THE NORTH SIDE OF ARROW, 1300 FEET EAST OF INTERSTATE 15. 5B. Ordinance No. 87 before Council for second reading which establishes a Rancho (8) Cucamonga Advisory Commission. (0701-01 COMMISSION) --- The mayor opened the meeting for public hearing. Since there were no comments, the public hearing was closed. Motion: Moved by Palombo, seconded by Bridge to approve Ordinance No. 87 and to waive entire reading. Mikels said he had been contacted during the past week by someone who inquired if the Advisory Commission was being put on the same level as the Planning Commission. Mayor stated that Section 2 of the Ordinance clarified that issue which he read as follows: "Section 2. The Rancho Cucamonga Advisory Commission shall act in an advisory capacity to the City Council and Planning Commission on community issues and perform such other advisory functions as may be delegated to the Advisory Commission from City Council Minutes October 17, 1979 Page 4 time-to-time by the Planning Commission or City Council." The City Attorney stated that the Advisory Commission was strictly an advisory group, and they had no decision making functions or binding policy making functions where the City Council and Planning Commission did. It would necessitate a change in the ordinance to change this. Motion by Palombo, seconded by Bridge to approve Ordinance No. 87 and waive entire reading was carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. ORDINANCE NO. 87 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CREATING AN ADVISORY CO~MISSION TO ACT IN AN ADVISORY CAPACITY TO THE CITY COUNCIL AND PLANNING COMMISSION. (9) 5C. Ordinance No. 64-C before Council as an urgency measure to extend the mora- torium expiration date. Report by Jack Lam. (0203-05 MORATORIUM) On August 15, 1979 the City Council approved an extension of Ordinance No. 64 to November 8, 1979. However in light of recent developments and the progress of the Growth Management Plan, it is necessary to consider an extension to the moratorium. Mayor opened the meeting for public hearing. Ken Willis, Building Industry Association, spoke in opposition to an extension of the moratorium to August 1980. Since no one else wished to address the Council, the mayor closed the public hearing. Lam stated the date in the ordinance was only for the extension of the moratorium and was not the date for the Growth Management Plan. Ken Willis clarified that he was referring to the filing dates on the growth management plan. However, the Building Industry wished that the Growth Management Plan would be adopted quickly. A date to extend the moratorium was discussed by Council. Mr. Lam pointed out the earliest date would be January 1, 1980 if the Council were confident they would pass an ordinance on the first reading during November. Motion: Moved by Schlosser, seconded by Palombo to adopt Ordinance No. 64-C, insert the date of January 3, 1980 in Section 2, and to waive entire reading. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. ABSENT: None. Title and number read by Wasserman. ORDINANCE NO. 64-C (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING THE MORATORIUM IMPOSED BY ORDINANCE NO. 64 AND DECLARING THE URGENCY THEREOF. City Council Minutes October 17, 1979 Page 5 5D. An Ordinance before Council for first reading which establishes a Design {10) Review Committee and criteria for architectural review for development within the City of Rancho Cucamonga. Staff report by Jack Lam. (0701-01 COMMITTEE) The ordinance creates a Design Review Committee consi~ing of two Planning Commission members and the Director of Community Development or his designee. The Committee will meet twice monthly as needed. The ordinance also sets forth criteria which the committee will use in reviewing the design of a project. Mikels expressed the ordinance was vague and wanted to review design criteria and standards of other cities. Mayor asked what this ordinance set up that Ordinance 19 did not. Mr. Lam stated that Ordinance 19 indicates that all projects are subject to a director review which is described in the County Code. However, this ordinance creates a Committee of two Planning Commissioners and the Director for this purpose. The city has already been functioning in this manner and would like an ordinance to give it official status. Bridge stated that he felt the ordinance was not inclusive enough. Palombo said the ordinance was "putting the polish on what has already been going on for two years" and should be adopted. Mayor opened the meeting for public hearing. Doug Hone, Hone and Associates, Inc., concurred with the concept of design review committees. However, criteria should not be too rigid. Andrew Barmakian, Barmakian and Wolff, stated his company welcomed a staff to review their drawings. However, he did not like a group dictate design. Herman Rempel stated there was no set criteria set forth in the ordinance as some cities had. Ken Willis, Building Industry Association, applauded that the group would consist of both Planning Commissioners and staff and not become another level of review. He supported the concept that was before Council. Jorge Garcia, Planning Commissioner, felt the Council should try this approach. Since there were no other comments, the public hearing was closed. Motion: Moved by Bridge, seconded by Palombo to delete the following in Section 4-A "(resulting in 4 or more units and house relocations)," and to reword Section 3-A-4 as follows, "'the Design Review Committee shall meet twice monthly as needed." Mikels stated his basis for opposition was to Section 3-A-5 which states, "The DRC shall have the right to develop its own rules and regulations for conducting its meetings in addition to developing and adopting design criteria and standards." He felt the DRC should not have the sole right to develop such rules and regulations without Council review. The City Attorney said that any applicant had the right to appeal any decision made by the DRC. Motion carried by the following vote: AYES: Schlosser, Palombo, Bridge, Frost, NOES: Mikels. ABSENT: None. Title and number read by Wasserman. ORDINANCE NO. 89 (first 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. City Council Minutes October 17, 1979 Page 6 (11) 5E. An Ordinance establishing re.gulations pertaining to the playing of Bingo in the City of Rancho Cucamonga. Staff report by Harry Empey. (0703-03 G~tMBLING) Bingo has been declared legal in the State of California and the State does set forth basic requirements for conducting bingo games. This ordinance esta- blishes some regulations for bingo games to help prevent illegal games from occuring in the city. Mayor opened the meeting for public hearing. Since there were no comments, the public hearing was closed. Motion: Moved by Bridge, seconded by Schlosser to approve Ordinance No. 90, set November 7 for second reading, and waive entire reading. Motion carried by following vote: AYES: Schlosser, Mikels, Bridge, Frost. NOES: Palombo. Title and number read by Wasserman. ORDINANCE NO. 90 (first 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. RECESS. At 8:35 p.m. the Mayor called a recess. At 8:45 p.m. the meeting reconvened with all Council members and staff members present. 6. CITY MANAGER'S STAFF REPORTS. (12) 6A. Zoning Ordinance determination No. 79-04 for the Peter Popoff Evange!is~j__c Association. Staff report by Jack Lam. (0203-09 DD ~MEND) Council had requested at the September 19 meeting that the item be continued in order to have additional time to consider the applicant's request. Mr. Lam stated that additional information had been submitted to further clarify what the Popoff Assoication cont~emplated for this property which had been for- warded to the Council. Peter Popoff addressed Council. He stated that Council had received their letter; he had nothing further to add unless Council had some questions. Motion: Moved by Palombo, seconded by Bridge to uphold the Planning Commission's recommendation that the use is similar in nature to a church. The motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge. NOES: Frost. {13) 6B. Parkway Maintenance Program. Staff report by Lloyd Hubbs. (1110-05 MED/PKWAY) On September 5, 1979 the City Council authorized Roy Jorgensen Associates, Inc. to develop a parkway maintenance program and define alternative approaches for managing and performing parkway maintenance. Mr. Burke, the consultant for Ray Jorgensen & Associates, was unable to attend the meeting; therefore, Mr. Hubbs summarized the report. Council took the following actions: City Council Minutes October 17, 1979 Page 7 1. Motion: Moved by Mikels, seconded by Palombo to authorize staff to go to bid for contracts for the maintenance of the Class A parkways (those which are in good condition). Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. 2. Motion: Moved by Mikels, seconded by Palombo to continue with the budget plan by hiring two Maintenace Worker I employees. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, Frost. NOES: None. 3. Motion: Moved by Palombo, seconded by Mikels to authorize Mr. Hubbs to negotiate and expand present contracts with the County Agricul~re Department for mechanical and chemical weed control. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, Frost. NOES: None. 6C. Landscape Maintenance Districts. Staff report by Lloyd Hubbs. (0401-03 (L~NDSCAP~,: MD) At the July 5, 1979 meeting of the City Council, Council approved the preparation of engineering reports for the formation of a Landscape Maintenance District for tracts not yet recorded and at the various stages of construction. Motion: Moved by Palombo, seconded by Schlosser to adopt Resolution Nos. 79-80 and 79-81 and to waive entire reading. Mayor opened the meeting for public hearing. Since there were no comments, the hearing was closed. Mikels asked what the overlap between the parkway maintenance program just approved and the establishment of the maintenance districts would be. Mr. Hubbs stated that all the parkways included within the district will be segregated for accounting purposes from the general maintenance program. The Parkway Maintenance Program would be part of the city general fund budget. Mike Zinkin asked about replacing the deteriorated parkways. Mr. Hubbs stated that was the purpose of the beautification fees. Staff will be going to the Planning Commission soon with some standards for parkways and initiation of a development program. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, Frost. NOES: None. Titles and numbers were read by Wasserman. RESOLUTION NO. 79-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE DISTRICT NUMBER 1. RESOLUTION NO. 79-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CCUAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AN OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 6D. Request by. Deer Creek Comp.any fo.r park tax credit for Tract 9582-1. Per (15) Ordinance No. 8, Section 7, the Deer Creek Company was requesting a partial credit. Staff report by Jack Lam. (0401-00 REV & T~Cf) Mayor opened the meeting for those wishing to speak in opposition. City Council Minutes October 17, 1979 Page 8 Sharon Romero felt this would set a dangerous precedent. She said the people above Banyan have donated 15 to 20 feet of land for equestrian trails. People from Deer Creek used their trails while they were not allowed to use the private trails in Deer Creek;yet, they were requesting partial credit. She felt this was unfair. Tony Zenz, Deer Creek Company, responded by stating the trails in Deer Creek have not been posted as private property, nor did they intend for them to be. Motion: Moved by Palombo, seconded by Schlosser to accept the Planning Commission's recommendation that a partial credit of 20% be granted to the Deer Creek Company per Ordinance No. 8. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, Frost. NOES: None. Motion: Moved by Bridge, seconded by Mikels to direct staff to study and clarify intent of Ordinance No. 8. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. (16) 6E. Proposed Resolution supporting implementation of the Law Enforcement Assistance Reform Act (LEAA). Staff report by Lauren Wasserman.(0701-16 LEG STATE) The California Criminal Justice Planning Director's Association has requested the city's support of the Law Enforcement Assistance Reform Act. The purpose of the new law is to provide for greater program control at the local level with less State and Regional intervention. In addition, the law will attempt to eliminate bureaucratic details and paperwork which normally are associated with the receipt of law enforcement assistance act funding. Motion: Moved by Palombo, seconded by Mikels to approve Resolution No. 79-86 and waive entire reading. Motion carried by following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. Title and number read by Wasserman. RESOLUTION NO. 79-86 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENCOURAGING THE CONTINUED DEVELOP- MENT OF REGIONAL PLANNING DISTRICTS. (17) 6F. Appointment of City Clerk and City Treasurer. Staff report by Lauren Wasserman. (0702-03 ELECTION) During the city's incorporation election the issue of providing for an appointed city clerk and city treasurer was inadvertantly omitted from the incorportaion ballot. Council had indicated shortly after incorporation that the matter should be submitted to the voters at the next municipal election which will be in April 1980. Motion: Moved by Schlosser, seconded by Palombo to approve the following for the ballot: Shall the offices of City Clerk and YES City Treasurer be appointive? NO Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, Bridge, and Frost. NOES: None. Council requested that the salary resolutions for the city clerk and city treasurer be brought back to Council for reconsideration of the monthly salaries from $40.00 to $1.00 per month. City Council Minutes October 17, 1979 Page 9 118) 6G. An added item. Citizen Participation Pr.ogram for the General Plan and EIR. (0203-03 GEN PLAN) 3ack Lam stated a letter had been received from Sedway/Cooke with suggestions for citizen participation during the general plan hearings. Because the consultants desired to have adequate representation from all groups within the community at all --- hearings, they suggested that a group be formed with representatives from as many aspects of the community as possible. These representatives could then make reports to their respective organizations and bring reports back to the hearings. This was designed to eliminate some groups not being involved in the hearings until the final stages and thus causing delays or extensive last-minute changes. Council agreed the group should consist of two members of the Alta ~Loma Advisory Subcommittee, two members of the Cucamonga Advisory Subcommittee, two members of the Etiwanda Advisory Subcommittee, two Planning Commissioners, two City Council members. They concurred with the philosophy of the makeup of the group as had been suggested by Sedway/Cooke, and to bring back to Council for formal discussion on November 7. 7. CITY ATTORNEY'S REPORTS. There were none. 8. ANNOUNCEMENTS. There were none. 9. ADJOURNEMENT. Motion: Moved by Palombo, seconded by Bridge to adjourn to a special executive session. Motion carried 5-0. Meeting adjourned at 10:15 p.m. The executive session adjourned at 10:35 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk