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HomeMy WebLinkAbout1978/12/20 - Minutes December 20, 1978 CITY OF RANCHO 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, December 20, 1978. The meeting was called to order at 7:07 p.m. by Mayor James C. Frost, who led in the pledge to the flag. ROLL CALL Present: Council members Schlosser, Mikels, Palombo, West, and Mayor Frost. City Manager, Lauren Wasserman; Interim Assistant City Attorney, Robert Dougherty; Assistant to City Manager, Jim Robinson; Community Development Director, Jack Lam; and City Engineer, Lloyd Hubbs. APPROVAL OF Motion: Moved by Palombo, seconded by West to approve the MINUTES minutes of December 6, 1978 with the following corrections: Page 3 -- Etiwanda Impaction Report -- should read that Etiwanda is encompassed by the Chaffey Joint Union High School District, not a part of. Page 6 -- should read SCAG held public hearings, not the Board of Supervisors. Motion unanimously carried for approval of minutes as corrected. ANNOUNCEMENTS 1. Congratulations were extended to Jack Lam on the arrival of a new son on Sunday, December 17. Weight was 8 pounds, 8 ounces. 2. Request to delete items 6p from'the Consent ~Ca!endar and item 8(1) from the Staff Reports. 3. Peggy Ziegler of the Daily Report will be leaving the assignment to assume a new assignment. CONSENT CALENDAR The following items were presented on the Consent Calendar for approval: a. Approval of warrants in the amount of $224,986.90. b. Refer claim against the city by Joan and Volney Willett in the amount of $25,000 to the City Attorney for handling. c. Request for Alcoholic Beverage License by China Garden Restaurant at 9770 19th Street for an on-sale beer and wine. d. To set January 3, 1979 for public hearing on a zone change 78-05 by the Southern California Lutheran Church. ....... e. To set January 3, 1979 for public hearing on a zone change 78-06 by Hone/Gorgen. f. To set January 3, 1979 as public hearing for the Land Use, Circulation and Public Facilities Element of the General Plan. g. To set January 3, 1979 as public hearing for the Draft Environmental Impact Report for the Land Use, Circulation and Public Facilities Element of the General Plan. h. Tract 9587: Release cash staking deposit of $2,500 to Thompson Associates. i. Tract 9432: Release of bonds to Chevron Construction. Performance bond (sewer) $32,000.00 Performance bond (water) $51,000.00 j. Tract 9366: Release of bonds to E.J.C. Construction Performance bond (sewer) $11,000.00 Performance bond (water) $14,000.00 City Council ~inutes December 20, 1978 Page 2 CONSENT CALENDAR k. Tract 9288: Release of bonds to G.S.R. Development (continued) Performance bond (water) $12,000.00 Performance bond (sewer) $ 8,000.00 1. Tract 9313: Release of bonds to Socaland Corp. Performance bond (sewer) $20,000.00 Performance bond (water) $43,000.00 m. Tract 9002: Release of bonds to San Miguel Land Co. Performance bond (sewer) $66,000.00 Performance bond (water) $43,000.00 n. Tract 9295: Release of bonds to Socaland Corp. Performance bond (sewer) $23,000.00 Performance bond (water) $32,000.00 o. Release bonds to Crowell/Leventhal. Performance bond (water) $24,000.00 p. Deleted item. q. Tract 9352: Accept roads and release bonds to Inco Homes located at the southwest corner of 19th and Hermosa. Performance bond (road) $144,000.00 Performance bond (water) 53,000.00 Performance bond (sewer) 37,000.00 r. Tract 9475: Accept roads located at the northeast corner of Haven and Lemon and release bond to J. Anthony Development. Performance bond (road) $ 82,000.00 s. Minor Subdivision No. 76-0642: Release instrument of Credit and Agreement in the amount of $6,000 from Douglas Nelson. Securities posted by Bank of America. t. Plot Plan 96-70: Release of Instrument of Credit and Agreement in the amount of $15,000 to Stevens Foothill Rental. u. Tract 9348: Release of cash staking deposit of $2,250.00 to Kent Land Co. v. Request authorization to attend League of California Cities conference. (Labor Relations Institute) Funds had been budgeted for up to three members of the City Council to attend. Motion: Moved by Palombo, seconded by Schlosser to approve the Consent Calendar. Motion unanimously carried. Mayor asked Council if the order of the agenda should be changed because of the large number of people present for the Growth Management issue. Consensus of Council was to keep with the printed order for the agenda. ZONE CHANGE NO. Request for Zone Change No. 78-02. The change of zone from 78-02 - Colombero C-2 and M-R to M-2 for 9.3 acres of land located on the northeast corner of Etiwanda Avenue and Whittram submitted Ordinance No. 48 by Secondo Colombero. Request had been before Council on December 6 and had been approved. Second reading for the (second reading) Ordinance was before Council. Motion: Moved by Palombo, seconded by Mikels to adopt Ordinance No. 48 and waive entire reading. Title read by Wasserman. Motion unanimously carried. ORDINANCE NO. 48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NOS. 229-151-15 AND 16, AND 229-161-01 THROUGH 07. City Council Minutes December 20, 1978 Page 3 ELECTRIC FRANCHISE An ordinance to establish an electric franchise with Southern California Edison Company. Ordinance No. 42 (second reading) Motion: Moved by West, seconded by Palombo to waive further reading of the ordinance. Motion unanimously carried. Motion: Moved by West, seconded by Palombo to pass and adopt Ordinance No. 42. Motion carried by the following roll call vote: AYES: Schlosser, Mikels, Palombo, West, Frost. NOES: None ABSENT: None ORDINANCE NO. 42 (Title and Number read by Wasserman) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN ALONG, CROSS, UPON OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF RANCHO CUCAMONGA AND REPEALING ORDINANCE NO. 33. ZONE CHANGE 78-03 Change of zone from R-1 to A-P on 4.2 acres of land located on the northeast corner of Hermosa and 19th Street submitted Seigl. Ordinance by Walt Seigl. Staff report presented by Jack Lam. No. 49 (first read) No comments were offered by either Council or public. Motion: Moved by Palombo, seconded by Schlosser to waive entire reading and to pass on to second reading on January 3, 1979. Title read by Wasserman. Motion unanimously carried. ORDINANCE NO. 49 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 202- 191-13 FROM R-1 TO A-P GENERALLY LOCATED ON THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE. MOBILE H~E RENT Staff report presented by Jim Robinson. He stated that at the REVIEW REPORT time the written report to Council was completed, staff had only two responses to the letters sent to park owners. It was the staff's recommendation that this be postponed until Council could meet with the owners sometime after the first of the year. Mikels mentioned he had also volunteered to serve on the committee. ETIWANDA SCHOOL The Etiwanda School Board had submitted a Declaration of IMPACTION Impaction. However, the item had been delayed to determine whether the School District could be eligible to file the Res. No. 78-69 imDaction even though impaction does not presently exist in Etiwanda. Wasserman pointed out there was a provision in Ordinance No. 30 which specifies that any overcrowding which exists within eighteen months following occuDancy of a proposed development and exceeds the capacity of a school, a Declaration of Imoaction can be filed. City Council Minutes December 20, 1978 Page 4 The Etiwanda School District had added Section 6 to the Impaction Declaration as follows: 6. Because of our ability to absorb a few students but no way to house children from major housing developments we would ask the Rancho Cucamonga City Council to invoke the intent of "Conditions of Overcrowding" as presented in Ordinance 30, section 3 (e). Another problem was in the distribution of the fees. Staff had asked the City Attorney to draft an agreement with the various school districts. Motion: I~oved by I~ikels, seconded by Palombo to concur with the Etiwanda Impaction Declaration, approve Resolution No. 78-69 and to waive entire reading. Title read by Wasserman. Motion unanimously carried. It was decided to put the Agreement on the January 17 agenda. RESOLUTION NO. 78-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~ONGA, CALIFORNIA, CONCURRING IN THE FINDINGS OF THE ETIWANDA SCHOOL DISTRICT THAT CONDITIONS OF OVER- CROWDING EXIST IN SAID DISTRICT. REQUEST BY VANIR A request from Vanir Development to modify the "T" DEVELOPMENT standards on the property located on the northeast corner of 19th and Amethyst. At the December 6 meeting 19th & Amethyst Vanir had proposed a list of uses for the above mentioned site. The City Council had referred the list back to the Planning Commission for review. Vanir proposed a list of fifteen possible uses. However, the Planning Commission eliminated Nos. 1, 3, 6, and 15. The list of proposed uses follows: 1. Bakery -- no sit down 2. Book store 3. Dry goods store 4. Florist or gift shop 5. Jewelry store 6. S~ecialty store 7. Photographic suoDlies store 8. Stationery store 9. Photographer 10. Shoe store and/or shoe repair shop 11. Tailor 12. Dance instruction studio 13. Barbershop and/or beauty parlor 14. Clothing or wearing apparel shop 15. ~en's and/or women's exercise studio or health The applicant was not happy with the decision to eliminate item No. 15, although he concurred with the elimination of the others. Nelson Gentry, attorney representing Vanir, pointed out to the Council that the decision of the Planning Commission was not an unanimous vote to delete No. 15. Janet Cochrane, manager of Mary Ellens Figure Salon, spoke emphasing the light traffic flow in connection with this business. It was hoped to put in a ~ary Ellens Figure Salon in this area. However, she needed 3000 square feet of the proposed 3600 square feet. City Council Minutes December 20, 1978 Page 5 Planning Commission Chairman, Herman Rempel, was asked about the Commission's intent. He said it was unanimous to delete No. 15 with the other items. He said no one was interested in adding the item back on the list. Motion: Moved by Schlosser and seconded by Palombo to accept the recommendations of the Advisory Committee and the Planning Commission with the approved list of uses for the building on the property at the corner of 19th and Amethyst. Also, to limit to 50% of the utilization of the building structure to any one business. Motion carried by the following vote: AYES: Schlosser, Mikels, Palombo, West. NOES: Frost RECESS Mayor called a recess at 8:15 p.m. The meeting reconvened at 8:20 p.m. with all councilmen present. INTERIM Jack Lam presented the staff report on the Interim Growth GROWTH Management strategy. He pointed out the Planning Commission MANAGEMENT had had several sessions with the BIA, School District Representatives, and builders to develop a solution on the impaction of schools and the backlog of approved tentatives. He stressed that tracts now under construction were aooroved by the County not the City. It was the recommendation of the Planning Commission that the present moratorium on residential development be lifted January 1, 1979 and an Interim Growth Management be adopted. Discussion followed over the plan. Since a lot of misinformation was being circulated, it was suggested a Fact Finding Committee be formed. Mayor opened the meeting to the public. Mrs. Gallarini, president of the Jasper School Site Committee, presented the following questions: 1. How long must students stay on double sessions? 2. Is there another way to find money to build schools? 3. Encouraged everyone to write state representstives? She then submitted signed petitions to the Council She supported the organization of a Fact Finding Committee. Ray Sario of the Chaffey Joint Union High School District emphasized the cost of establishing schools and the overcrowding conditions. He said it costs $2.9 million to build a satellite school -- 80% of their budget went for salaries. Lifting of the moratorium would generate more students in the 10, 11, and 12th grades. He opposed the lifting of the moratorium but supported the organization of a Fact Finding Committee. Sario said the School District could redistrict the schools, but chose not to since Alta Loma did not want their students going to other high schools. However, most Chaffey schools would be dropping in attendance. Ontario High would be at its capacity in 1981, but Chaffey High and Montclair would be dropping. West felt the Committee should look at other areas in the Chaffey district to determine the number of homes under construction. City Council Minutes December 20, 1978 Page 6 Nancy Kettle from Alta Loma Elementary School Board spoke for the president Bob Frost. She supported the idea of establishing a Fact Finding Committee and felt there should be a PTA or Site Council member on the committee as representative. She read a letter from the President, Bob Frost, since he could not be present. Ken Willis of the BIA concurred with the fact that a lot of misinformation was being passed about. He felt there should be someone from the Chamber of Commerce and organized labor on such a committee. He did feel there were too many representing the school districts on the committee although he would not oppose that now. Doug Hone. He said it was December 20, 1976 when the last tentative tract was approved by the County. Curt Bonneville from the Chaffey Joint High School Board of Trustees asked for clarification on the proposed Interim Growth Management olan. He was in favor"of establishing a Fact Finding Committee. Others addressing the Counc~il were: John Larago felt the committee should not be so heavily represented by the schools. Ron Pettway felt there should be some way to notify .... people with parcels when there are meetings. Larry Bliss was against schools being so heavily re- presented on the Committee. Ralph Lewis suggested someone should investigate the need for housing within the community. There was a lot of commercial within the area; employees would want to live within the community in which they worked. Pamellia Wright from Central School District. Suggested that facts be sought from all school districts since several were experiencing overcrowding. West suggested that superintendents be made ex-officio members of the committee. Jim Smirl of Vanguard felt the committee should investigate the number of tentatives units. He felt the Planning Commissions recommedations were acceptable. Mayor closed the public session. Council decided the Fact Finding Committee be comprised of the following: 3 members - from the Advisory Committee (one member to represent each community.) 1 member - representing the Alta Loma Elementary School Board 1 member - representing the Chaffey Joint Union High School District. City Council Minutes December 20, 1978 Page 7 1 member - representing the Alta Loma Junior High 1 member - representing the Chamber of Commerce 1 member - representing organized labor .... 1 member - representing the BIA 1 member - representing the Central School District Ex-officio members would be superintendents of all school districts and member of the city staff. Motion: Moved by Mikels, seconded by Schlosser to approve the formation of a Fact Finding Committee comprised of the above representatives. Motion unanimously carried. Council decided the following facts should be determined by the Fact Finding Committee: 1. Review and verify the information submitted to the Planning Commission and Council regarding the number of single residential units involved in the proposed growth management plan. 2. Verify attendance data submitted by the school districts. 3. Evaluate the fiscal and economic impact the proposed growth management plan may have upon the city, school district, and the community. 4. Determine the actual amount of time double sessions will be required because of a lack of classrooms. 5. Determine the actual number of homes under construction in other areas within the boundaries of the Chaffey Joint Union High School District. 6. Determine whether there is need for additional housing within our community. 7. Determine the impact the proposed growth management plan may have on our schools. Since the growth management plan provides for phased development, it should be re- latively simple to predict on a month-by-month basis the actual impact further development may have on our schools. 8. Determine the actual number of homes under construction in each school district within the City of Rancho Cucamonga. Motion: Moved by Schlosser, seconded by Mikels that the above list be included in the findings of the Fact Finding Committee and to report back to the Council at the February 21, 1979 meeting. Motion unanimously carried. Council decided that Schlosser and Mikels get with Ken Willis to determine who would represent organized labor on the Committee. Motion: Moved by West, seconded by Palombo to extend the building moratorium for sixty days to expire on March 9, 1979. Discussion followed over whether to establish the moratorium for only the Alta Loma School District. Mikels suggested the Council recess to go over the proposed ordinance. City Council Minutes December 20, 1978 Page 8 RECESS Mayor called a recess at 11:00 p.m. Meeting re- convened at 11:15 p.m. with all members of the Council present. Council discussed the proposed Ordinance No. 50 which would extend the moratorium established under Ordinance No. 36. West withdrew his original motion. Discussion continued as to whether to exempt all multi- family dwellings to include both apartments and condominiums. Mikels made a motion to delete the word apartments and to retain the language, "multiple- family medium and high density developments, as re- commended by the Planning Commission and contained in their Resoltuion 78-39 as submitted by staff. For lack of a second, the motion died. Motion: Moved by West, seconded by Palombo to adopt Ordinance No. 50 with the following changes: "exempting multiple family medium and high density apartment developments, and to include residential development on lots created by parcel maps presently on file." Wasserman read the ordinance in full with the changes made in title and Section 2. Motion unanimously carried. ORDINANCE NO. 50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING THE EXPIRATION DATE OF THE MORATORIUM IMPOSED BY ORDINANCE NO. 36, EXEMPTING MULTIPLE FAMILY DWELLINGS THEREFROM, AND DECLARING THE URGENCY THEREOF. ROAD MAINTENANCE According to our present agreement with the County for CONTRACT road maintenance, we would notify the County and define our street maintenance requirements prior to January 1 of each year. This is simply a renewal of an agreement which we already have with the County. Mikels raised the question regarding liaibility. Motion: Moved by Palombo, seconded by Mikels to have the City Attorney draft the necessary changes in the hold-harmless clauses of the contract and to notify the County of our intent to continue services. Motion unanimously carried. RECONSTRUCTION The request for adoption of a Resolution was in accord- OF BASELINE ance with State law which would designate Baseline as a County maintained road for the duration of the con- struction project involving the widening of Baseline from Archibald to Hellman. It was scheduled to advertise in January and be under construction the latter part of April. Motion: Moved by West, seconded by Palombo to approve Resolution No. 78-74 and waive entire reading. Title read by Wasserman. Motion unanimously carried. City Council Minutes December 20, 1978 Page 9 RESOLUTION NO. 78-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING SAN BERNARDINO COUNTY TO RECONSTRUCT BASELINE STREET FROM ARCHIBALD TO HALLMAN AVENUE. STATE LITTER Mr. Holley presented staff report. He briefly explained CONTROL GRANT there were two parts of the grant which were available and we would qualify. They were grants for litter control and litter law enforcement. The funds could be used in paying the cost of transport of litter and posting anti- litter signs. Motion: Moved by Schlosser, seconded by ~ikels to approve applying for the State Litter Control Grant and to waive entire reading. Wasserman read title. Motion unanimously carried. RESOLUTION No. 78-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND. REVISION OF Revisions to the Comprehensive Fee Resolution were pre- COMPREHENSIVE sented. Discussion followed. It was felt by the Council FEE RESOLUTION that more time was needed to go over the fees. Consensus of the Council was to bring item back on the January 3, 1979 agenda. UPGRADING OF Mr. Empey presented the staff report explaining the features COPY EQUIPMENT and cost of the IBM Copier III which we were considering. Motion: Moved by West, seconded by Palombo to approve the upgrading of copy equipment to the I~ Copier III. Motion unanimously carried. NATIONAL LEAGUE Recommendation was to join the National League of Cities OF CITIES at an approximate cost of $600 per year. Motion: Moved by Schlosser, seconded by Palombo to amprove the joining of the National League of Cities. RECORDS MANAGEMENT Recommendation to hire a consultant to help set up the city CONSULTANT files. Total cost -- $1225. Motion: Moved by West, seconded by Schlosser to aoprove the hiring of a consultant at a cost of $1225 to set up city files. Motion unanimously carried. ACCEPTANCE OF Minor Subdivision No. 78-0194: Accept bonds by Mae Nell Lees. BONDS Performance Bond (road) $12,343.64 Labor and Materials Bond (road) $12,343.64 RESOLUTION NO. 78-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR MINOR SUBDIVISION NO. 78-0194. Motion: Moved by West, seconded by Mikels to approve Resolution No. 78-73 and waive entire reading. Wasserman read title. Motion unanimously carried. City Council Minutes December 20, 1978 Page 10 ADDED IT~ Tract 9444 and 9445: Request for extension to September 15, 1979. Tract 9444 and 9445 Motion: Moved by Schlosser, seconded by West to grant the extension of time. Motion unanimously carried. ~-~ NEW BUSINESS 1. Status of Census -- Mr. Empey explained we were waiting for the maps which should be finished within the next few weeks. These maps have been approved by the State already. 2. January 3 will be the public hearing on the General Plan. 3. Advisory Committee will be meeting at 6:00 p.m. prior to the City Council meeting on January 3. Main topic will be the Capital Improvement Program -~ the F.A.U. priority list. ADJOURNMENT Motion: Moved by West, seconded by Palombo to adjourn. Motion unanimously carried. ~{eeting adjourned at 12:43 a.m. Respectfully submitted, Beverly Authelet Deputy City Clerk