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HomeMy WebLinkAbout1979/04/18 - Minutes April 18, 1979 CITY OF k~NCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting CALL TO ORDER The regular meeting of the City Council was held at the Community Service Building, 9161 Baseline Road, Rancho Cucamonga, on Wednesday, April 18, 1979. The meeting was called to order at 7:10 p.m. by Mayor James C. Frost. PLEDGE TO FLAG Mayor Frost led in the pledge to the flag. ROLL CALL Present: Council members Jon D. Mikels, Michael Palombo, Charles A. West, and Mayor James C. Frost. Staff members: City Manager, Lauren M. Wasserman; Interim City Attorney, Sam Crowe; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Assistant to City Manager, Jim Robinson. Absent: Phillip D. Schlosser. APPROVAL OF MINUTES None were submitted for approval. ~NOUNCEMENTS a. Mikels presented a SCAG report summarizing the following region-wide activities: 1. Adoption of the 208-Area Wide Waste Treatment Management Plan and certification of the final EIR. 2. Adoption of the 1980-84 Region Transportation Improvement Plan. 3. Grant approvals which involved portions of Rancho Cucamonga. b. Advisory Committee meeting at 6:30 p.m. on April 19 in the Library Conference Room. c. Historical Commission: Mikels stated an appointment could be made to the Historical Commission at the next City Council meeting on May 2. d. West Valley Transit meeting on April 19 at the Montclair City Hall, e. Planning Commission study session at Rancho Cucamonga City Hall Conference Room on April 26 at 4:30 p.m. f. Special census is now underway. g. AB-807, the Bill to provide some shanges in the Proposition 13 '~bail-out" funds will be before the Ways and Means Committee on April 26. Mayor Frost will be going to give testimony. h. Monday evening, April 16, the Mayor presented to the Chaffey Board of Trustee's meeting a Council recommendation for the formation of a "special" committee on which two councilmen had been appointed and asked the Board to appoint two representatives to serve,also to discuss: (1) A determination of what fees would be necessary to provide solutions of overcrowding. (2) Discuss long-range impact of various proposals and alternatives and to work toward a permanent solution. i. Introduction of Ray Reyburn, the new principal of Alta Loma High School. City Council Minutes April 18, 1979 Page 2 COMMITTEE REPORTS a. Advisory Committee. Chuck Buquet, Chairman of the Cucamonga Subcommittee, had nothing to report since the Advisory Committee would be meeting the next evening. b. Historical Commission. Leonard Gorczyca, acting chairman, said the Commission was waiting for the ordinance to go into effect, then they would become a legal body and could then begin to accept gifts and donations. CONSENT a. Approval of warrants in the amount of $405,708.76. CALENDAR b. Refer claim against the city for $2,500 by F.A. Marques to City Attorney for handling. c. Refer claim against the city for $790 by Kenneth Salser and Kenny Frank to the City Attorney for handling. d. Approve alcoholic beverage license for off-sale general for Ernest Friedman and Helen Rothbart (the Spirit Shoppe) at 8760 Baseline, Rancho Cucamonga, 91701 (1) e. Tract 9398: Accept roads and release bond to Construtech Co. Performance bond (road) $44,000 (1) f. Tract 9586: Accept roads and release bond to Lewis Homes of California. Performance bond (road) $168,000 (1) g. Tract 9587: Accept roads and release bond to Lewis Homes of California. Performance bond (road) $ 78,000 h. Zone change 79-01 - Alta Loma Properties. To set public hearing for May 2, 1979. i. Zone change 79-03 - Vanir Development. To set May 2, 1979 for public hearing. Motion: Moved by Palombo, seconded by West to approve the consent calendar. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. PUBLIC HEARINGS A. Storm drain fee ordinance before Council for second (2) reading which establishes a $2500 per acre storm drain fee for the construction of master planned storm drain facilities throughout the city. The fee is to be required as a condi- tion of building permit issuance. Report presented by Lloyd Hubbs. Those addressing the Council were: Jeff Sceranka, member of the Industrial Committee of the Chamber of Commerce, stated the Chamber desired to see a "sunset" clause added to the ordinance. Ken Willis, BIA, stated the BIA took no position against this particular ordinance but stressed that the Council consider the accumulation impact of all fees on development Henry Reiter, a local developer, spoke in favor of the need for the fees. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 75 and waive entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. City Council Minutes April 18, 1979 Page 3 PUBLIC HEARINGS ORDINANCE NO. 75 (continued) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT OF A DRAINAGE PLAN AND THE ESTAB- LISHMENT OF DRAINAGE FEES IN CONNECTION THEREWITH. --- B. An ordinance before Council for second reading establishing (3) a systems development fee to provide a predictable and equitable source of funding to relieve serious traffic and roadway deficiencies throughout the city. The fee to be established at one percent on the building permit valuation. Report presented by Lloyd Hubbs. West stated that new construction should not have to support all improvements within the city--that other methods of finan- cing should be made to tax the people who already lived in the community. Motion: Moved by Mikels, seconded by Palombo to approve Ordinance No. 61 and Resolution NO. 79-10, which establishes the fees, and to waive entire readings of both. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Titles and numbers read by Wasserman. ORDINANCE NO. 61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A SYSTEMS DEVELOPMENT FEE ON NEW DEVELOPMENT. RESOLUTION NO. 79-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING A SYSTEMS DEVELOPMENT FEE IN ACCORDANCE WITH ORDINANCE NO. 61 OF THE CITY OF RANCHO CUC~MONGAo C. A resolution establishing time and review of storm drain and system development fees. Mayor asked about' the possibility of setting a "sunset'' clause on ordinance nos.61 and 75. Wasserman suggested this be handled through a minute action to instruct staff to bring back to Council. Crowe suggested eliminating the second paragraph which states: "Whereas, the City Council recognized the need to further review the status and the equitability of said fees." Mayor read the resolution in full. --- Motion: Moved by West, seconded by Palombo to approve Resolution NO. 79-37 with corrections as made by the City Attorney to delete the second paragraph. Carried by the following vote: AYES: Mikels, Pal°mbo, West, Frost. ABSENT: Schlosser. RESOLUTION NO. 79-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DIRECTING REVIEW OF ORDINANCES 61 AND 75. C~ty Council Minutes April 18, 1979 Page 4 (5) PUBLIC HEARINGS D. An ordinance from the Advisory Committee before council (continued) for second reading regarding theparking of recreational vehicles on city streets. This would eliminate the parking or storing of any house car, trailer, camper, coach, or boat on any city street overnight and setting a fine of $25.00 for violations. Bill Holley, Community Services Director, presented the staff report. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 71 and to waive entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Title and number read by Wasserman. ORDINANCE NO. 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS FOR RECREATIONAL VEHICLES. (6) .E. An ordinance before Council for second reading amending the zoning ordinance regarding regulations of Home Occupations. Staff report by Jack Lam. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 71 and waive entire reading. Motion carried by following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Title and number read by Wasserman. ORDINANCE NO. 72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REPEALING SECTION 61.024A(b) (3), AMENDING SECTION 61.022, AND ADDING SECTION 61,0219(a)(9) OF THE SAN BERNARDINO COUNTY CODE TO PROVIDE FOR THE REGULATION OF HOME OCCUPATIONS. (?) F. An ordinance before Council for second reading which amends Ordinance No. 30, the school fee ordinance, allowing for the dedi- cation of land {~ lieu of fees. Report by Wasserman. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 74 and waive entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Title and number read by Wasserman. ORDINANCE NO. 74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO.~30, WHICH PERTAINS TO THE FINANCING OF INTERIM SCHOOL FACILITIES, AND TO PROVIDE FOR THE DEDICATION OF LAND IN LIEU OF FEES. (8) G. An ordinance before Council for first reading which would allow certain design~&~'_staff access to the State summary criminal history information. Wasserman presented the staff report stating the ordinance establishes eligibility for specific city employees to obtain State criminal history information. For certain types of city positions, it is essential that the city be able to run routine types of checks. In order to do so, it is essential to have Ordinance No. 66 adopted by Council. Mikels stated that staff should come to Council first for such approval. Also the ordinance should spell out the scope and authority being granted in the ordinance. City Council Minutes April 18, 1979 Page 5 PUBLIC HEARINGS Motion: Moved by Palombo, seconded by West to approve (continued) Ordinance No. 60, set May 2 for second reading, waive entire reading. MOtion carried by the following vote: AYES: Palombo, West, Frost, and Mikels (with qualifications as previously stated). ABSENT: Schlosser. Title and number read by Wasserman. ORDINANCE NO. 66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR ~ THE INELIGIBILITY OF CERTAIN PERSONS FOR EMPLOYMENT BY THE CITY AND AUTHORIZING CERTAIN OFFICERS AND EMPLOYEES ACCESS TO THE "STATE SUMMARY CRIMINAL HISTORY INFORMATION". y. An ordinance before Council for first reading regulating (9) the use and possession of weapons. Mr. Wasserman presented the staff report. Bill Houtz of Houtz and Sons asked if all activity using fire arms was to be stopped. There were times when he might use a shotgun to protect his chickens. Mr. Crowe stated the ordinance could not be used in cases where an individual was protecting life or property. Mikels asked who made that determination as to whether a person was protecting life and/or property. Crowe stated the police officer; after that the courts. Motion: Moved by Mikels, seconded by Palombo to approve Ordinance No. 60, set May 2 for second reading, and to waive --- entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, WEst, Frost. ABSENT: Schlosser. Title and number read by Wasserman. ORDINANCE NO. 60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGULATING THE USE AND POSSESSION OF WEAPONS AND REPEALING SECTIONS 22.011 THROUGH 22.020 OF THE SAN BERNARDINO COUNTY CODE. I. An ordinance before Council for first reading amending (10) ordinance No. 59 which adopted the 1978 National Electrical Code. Staff report by Jack Lam who stated the amendment added three words in order to clarify alternative grounding methods to be "in dwelling units" and not in places of employment. Motion: Moved by Mikels, seconded by West to set May 2 for second reading and waive entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Title and number read by Wasserman. ORDINANCE NO. 59-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 59 RELATING TO ELECTRICAL REGULATIONS. City Council Minutes April 18, 1979 Page 6 (11) PUBLIC HEARINGS J. An ordinance before Council for first reading which (continued) amends the R-3 and A-P zones in order to clean up inconsistencies in the zone code and to implement established policies in accordance with the General Plan. Staff report by Jack Lam. Motion: Moved by Palombo, seconded by West to set May 16 _-~ for second reading and waive entire reading. Motion carried by the following vote: AYES: Palombo, West, Frost. ABSENT:Schlosser. ABSTAINED: Mikels. Title and number read by Wasserman. ORDINANCE NO. 76 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING, REPEALING AND ADDING CERTAIN SECTIONS OF THE R-3 AND A-P ZONE DISTRICTS OF THE SAN BERNARDINO COUNTY CODE AS ADOPTED BY REFERENCE THAT PERTAIN TO PYRAMIDAL ZONING AND OFFICE COMPLEXES. (12) K. An ordinance before Council for first reading to change the zoning from C-2 (general commercial) to A-P (administra- tive professional) for parcel~ located north side of Foothill, west of San Diego Avenue.. This would eliminate the possibility of incompatible uses and bring zoning into conformance with the General Plan which designates area as mixed use. Staff report by Jack Lam.. Motion: Moved by Palombo, seconded by West to set May 2 for second reading and to waive entire reading. Motion carried by following vote: AYES: Palombo, West, Frost. ABSENT: Schlosser. ABSTAINED: Mikels. Title and number read by Wasserman. ORDINANCE NO. 77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 207-101-32 AND 33 FROM C-2 TO A-P LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD WEST OF SAN DIEGO AVENUE. CITY MANAGER'S A. Associated Chaffey Teachers Association. An oral STAFF REPORTS presentation was made by Alma Polk of the Associated Chaffey T~achers (ACT). She introduced Maryellen Hill who made a report on the overcrowded situation at Alta Loma High School. Alma Polk then read the following statement: "Associated Chaffey Teachers (A.C.T.) insists that the Rancho Cucamonga City Council make a decision immediately concerning the solution of problems o'f overcrowded schools. Overcrowded schools result in the deterioration of quality education. No satisfactory solution to the lack of school space for students has yet been found. Future building will compound the present overcrowding problem. Unless the City Council commits itself to a means of solving impaction or commits itself to placing the moratorium issue on the ballot in the next election, A.C.T. will take this issue to the people. City Council Minutes. April 18, 1979 Page 7 CITY MANAGER'S A.C.T. is committed to defending the quality of education STAFF REPORTS wherever it is threatened." (continued) B. Cucamong. a Creek bridge betterments and Deer Creek..d~sign standards. Report by Lloyd Hubbs. Mayor asked if this had been reviewed by the Advisory Committee. Mr. Hubbs said no. Council concurred to send item to the Advisory Committee for review. C. Agreement for engineering services for traffic signals (13) at Baseline/Hellman and Archibald/Church. Report by Lloyd Hubbs. Council had approved the preparation of the agree- ment at the April 4 meeting. Motion: Moved by Mikels, seconded by Palombo to authorize the mayor to sign said agreements. Motion carried by following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. D. Agreement between the City of Rancho Cucamonga and the (14) County, of San Bernardino for operation of neighborhood services and senior citizen's nutrition program at the Cucamonga Neighborhood Facility. Report by Bill Holley, Director of Community Services. Motion: Moved by Palombo, seconded by West to authorize Bill Holley to sign said contracts. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. E. State litter ..control grant. Mr. Holley requested (15) authorization to solicit bids and award contracts for the purchase of items and services covered in the State Litter Control grant. City had been awarded $10,590. Proposed expenditures for the following which does not include salaries or operating expenses: a. Toro sandpro power rake (1 ea) $4,500 b. Hixson yard vacuum sweeper (2 ea) $1,000 c. Backpack-type blower (2 ea) $ 700 d. Litter receptacles and holders $1,200 e. Signing (fabricating & installation) $3,190 Motion: Moved by Mikels, seconded by Palombo to authorize Mr. Holley to seek bids and award contracts as stated for items for the State Litter Control Grant. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. F. Lion Park Community Service Center. Mr. Holley requested (16) authorization to solicit bids for construction of the Lion Park Community Service Center. Motion: Moved by West, seconded by Mikels to authorize Mr. Holley to solicit such bids. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. City Council Minutes April 18, 1979 Page 8 CITY MANAGER'S H. Request authorization to sign final maps of tentative (17) STAFF REPORTS parcel maps 4767 and 4749. Report by Lloyd Hubbs. (continued) Motion: Moved by West, seconded by Palombo to approve Relsolution Nos. 79-33 and 34 and to waive entire readings. Motion carried by the following vote: AYES: Mikels, Palombo, West. Frost. ABSENT: Schlosser. Titles and numbers read by Wasserman. RESOLUTION NO. 79-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 4767. RESOLUTION NO. 79-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 4749. (18) I. Acceptance of bonds and agreements for tract 9472. The tract consists of 18 acres and 61 lots located on the north side of 19th Street, west of Haven Avenue. The developer is Boulevard Development. Faithful performance bond (road) $231,000 Labor & Material bond (road) $115,500 Motion: Moved by West, seconded by Palombo to approve R~solution No. 79-35 and waive entire readings. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Title and number read by Wasserman. RESOLUTION NO. 79-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9472. J. Request authorization to sign final map of tentative (19) parcel map 4744. Motion: Moved by West, seconded by Mikels to approve Resolution No. 79-36 and to waive entire reading. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. Title and number read by Wasserman. RESOLUTION NO. 79-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 4744 (TENTATIVE MAP NO. 4744). CITY ATTORNEY Mr. Crowe stated he had placed a memo before each Council- REPORTS man and that he had nothing further to report. City Council Minutes April 18, 1979 Page 9 NEW BUSINESS a. Council. (1) Mikels suggested all ordinances be presented to Council in draft form two weeks prior to first reading. Council concurred this was not necessary--that present procedure was adequate. (2) Mikels requested all ordinances be presented at second reading with all changes shown by leaving the original form and crossing out or inserting changes. STaff said they would comply as soon as possible. (3) Council discussed the formation and purpose of the Committee that would be meeting with Chaffey High School Board of Trustees. Purpose of meetings would be: .... Of immediate nature would be to provide some recommendations as to what fees to establish to adequately serve students from the 556 homes currently approved to start building. .... Longer range to study growth management alternatives. It was decided to keep the membership of the committee to two councilmen and two board members. Wasserman would be the staff representative at these meetings. First meeting would be Monday, April 23 at the Alta Loma High School at 7:00 p.m. Later meetings would be determined by the committee which would set times. Motion: Moved by Mikels, seconded by Palombo to appoint --- Mayor as moderator of this committee. Motion carried by the following vote: AYES: Mikels, Palombo, West, Frost. ABSENT: Schlosser. b. Audience. (1) Wilma Brenner spoke representing property owners in the area east of Archibald, south of 8th Street requesting the zone be changed to commercial. Item was referred back to staff for investigation. ADJOURNMENT Motion: Moved by West, seconded by Mikels to adjourn. Motion unanimously carried. Meeting adjourned at 10:05 p.m. to a legal session not to reconvene. Respectfully submitted, Beverly Authelet Deputy City Clerk