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HomeMy WebLinkAbout1985/07/31 - Minutes - Adjourned July 31. 1985 CIT~ OF RANCRO CUCA~ON(;A CITY COUNCIL MINUTES A4journed Meetill~ 1. C~T.L TO O~nER An adjourned meeting of the City Council was held on Wednesday, July 31, 1985, in the Lions Park Community Center, 9161 Base Line Road. (Said meeting was ad- journed from July 17, 1985 as there was a lack of quorum that evening). The meeting was called to order at 7:32 p.m. by Mayor Jon D. Mikeis. Present were Councilmembers: Pamela J. Wright, Charles J. Buquet II (arrived late at 7:37 p.m.), Richard M. Dahl, Jeffrey Ring, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, James Markman; City Clerk, Beverly A. Anthoist; Administrative Analyst, Mark Lorimer; Senior Planner, Otto Kroutil; City Engineer, Lloyd Rubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: MOTION: Moved by Dahl, seconded by King to approve the minutes of June 5, 1985. Motion carried by followin~ vote: AYES: Mikels, Dahl, Ring. NOES: None. ABSENT: Buquet. ABSTAIN: Wright (was absent from said meeting)'. MOTION: Moved by Dahl, seconded by Wright to approve the minutes of June 13, 1985. Motion carried by following vote: AYES: Wright, Mikels, Dahl, and King. ABSENT: Buquet. MOTION: Moved by Wright, seconded by King to approve the minutes of June 19, 1985. Motion carried by following vote: AYES: Wright, Dahl, King. NOES: None, ABSENT: Buquet. ABSTAIN: Mikels (was absent from said meeting). 2. ANNOUNCEMEMTS/P~ESENTATIONS 2A. RISTORIC PRESERVATION COMMISSION will not be meeting during July and August. 2B. Thursday, September 12, 7:00 p.m. - JOINT MEETING WITH CITY COUNCIL AND CUCAMONGA COUNTY VATER DISTRICT BOARD OF DIRECTORS. 2C. Mr. Wasserman requested an addition to the A~enda - letter from William Lyon to address Council regarding model homes. 2D. Mr. Wasserman requested a Executive Session after the regular meeting to discuss potential litigation. Councilwoman Wrighc asked at what point does an issue become potential litigation and subject for a Executive Session? Mr. Markman stated that we would not asked for a Executive Session unless there was a very clear possibility that suit would follow. Tonight we will be asking Council for authority to pursue litigation, so we know it is a potential litigation matter. In other cases, if a claim has been filed or somebody has threatened to sue, it would be brought to Council in a Executive Session if it warranted discussion. Not every dispute that could become a law suit becomes subject matter for a Executive Session. 2K. Councilman Dahl and Councilwoman Wright presented a report from the League of California Cities Conference which they artended in Monterey. (Councilman Buquet arrived at 7:37 p.m.) City Council Ninutes July 31, 1985 Page 2 (1) (2) (3) (4) 3. CONSXneT CAT.faD JR 3A. Approval of Warrants, Register No's. 85-07-17 and Payroll ending 7/7/85 for the total mount of $881,466.61. 3B. Forward Claim (CL85-017) to Carl Warren Company for handling by Darin Bloaquist for accident on Vineyard Avenue, 344 feet east of Arroyo Vista Drive. (0704-06 CLAIM) 3C. Forward Claim (CL85-018) to Carl Warren Company for handling by Paul Edward Teal for damage to personal property from fall ins tree at 6961 Opal Street. (0704-06 CLAIM) 3D. Approval of Resolution fixing the Tax Rate cilities District in the 1985-86 fiscal year FAt DISTRICT) for the Day Creek Cmunity Fa- at $350 per acre. (0~O3-01COH RESOLUTION NO. 85-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONCA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX FOR A CON~UNITY FA- CILITIES DISTRICT 3E. Release of Bonds: (0602-01 BOND RELEASE) D.R. 83-20 located at 10355 8th Street by ExcelIon Automation. Cash Deposit ( street improvement) $22,500 RESOLUTION NO. 85-219 A RESOLUTION OF I~E CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALZFORNIA, ACCEPTING THE PUBLIC IMPROVENENTS FOR D.R. 83-20 AND AUTHORIZING THE FILING OF A NOTICE OF COMFLETION FOR THE WORK at 9055 Foothill Blvd. by BLT (5) D.R. 83-13 Pepperwood Apar~nents located Partnership, Inc. Z ~nittenberS Court. Faithful Performance (storm drain) $135,000 Faithful Performance (street) $ 79,000 RESOLUTION NO. 85-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA~ONGA, CALIFORNIA, ACCEPTING THE PUBLIC IEI~OVEMRNTS FOR D.R. 83-13 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (6) P.M. 7797 located south side of 8th Street, east of PittsburSh by R.C. Associates II Faithful Performance $287,300 Accept: Maintenance Bond $ 28,730 RESOLUTION NO. 85-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEM~TS FOR PARCEL MAP 7797 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (7) 3F. Approval of bonds, agreament, and final map for Tract No. 12319, 12319-1 (8) through 12319-8 located on the northwest corner of Tetra Vista Parkway and Spruce Avenue submitted by Lewis Homes. (0602-01 AGREEMNT IMPROVEMENT) (1002-09 TRACT MAP) tit7 Council Minutes 3uly 31,198~ Pa~e 3 RESOLUTION NO. 85-222 A RESOLUTION OF THE CITY COUNCIL OF T~R CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVlN6 IMPROVD~ENT AGREEMENT, IMPROVEMENT SECURI- TY, AND FINAL ~ OF TRACT NO. 12~19, 12]19-1 THROUGH 12]19-8 3G. Approval of bonds, agreement, and final map for Tract No. 12672 located on the southwest corner of Tetra Vista Parkway and Spruce Avenue submitted by Lewis Homes. (0602-01 ~GRIENNT IMPROVEMENT) (1002-09 TRACT HAP) RESOLUTION NO. 85-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCH0 CUCANONCA, CALIFORNIA, API~OVlNG DfPROVENENT AGREEMENT, I~PROVENENT SECURI- TY, AND FINAL HAP OF TRACT NO. 12672 3H. Approval of bonds, agreement, and final map for Tract No. 12670, 12670-1, 12670-2, 12670-3, and 12670-4 located on the south side of Base Line, east of Spruce Avenue submitted by Lewis Homes. (0602-01 ACREEI~eT IMPROVEMEnT) (1002-09 TRACT ~9,.P) RESOLUTION NO. 85-224 A RESOLUTION OF l~tE CITY COUNCIL OF TIlE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVlNG IMPROVEMENT AGKEKMENT, IMPROVEMENT SECURI- TY, AND FINAL MAP OF TRACT NOB. 12670, 12670-1, 12670-2, 12670-3, 12670-4 31. Approval of plans, specifications, and estimates and authorize staff to ad- vertise for bids on the Carnelian Street Beautification Project from Base Line Road to Banyan Street. Bids to be opened August 27, 1985. (0601-01 BID) RESOLUTION NO. 85-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CARNELIAN STREET BEAUTIFICATION PROJECT, BASE LINE ROAD TO BANYAN STREET, IN SAID CITY, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO AD- VERTISE AND RECEIVE BIDS 3J. Approval to 8rant utility easement at Beryl Park to Southern California Edison tompan7. Purpose of the easement is to enable Edison to provide greater electrical capacity at the park. (1002-02 EASEMENT) 3K. Approval of Professional Services Contract (CO85-69) with Donald Frischer and Associates to conduct a traffic study to determine the necessary design of a traffic interchange at the Route 30 Freeway and Haven Avenue. The cost of the study will not exceed $9,000 to be funded from the 1985-86 Gas Tax/System Development budget. (0602-01 CONTRACT) 3L. Approval of lease agreements (CO85-70) for 1985-86 with A.H. Reiter Devel- opment Company for City offices. Item was approved through the 1985-86 Bud- get. (0602-01 CONTRACT) 3M. Approval of Amendment to Omnitrans' Joint Powers Authority A~reement (C085-71X C0091), which designates 0mnitrans General Manager to serve as Trea- surer and Omnitrans of Accountin~ to serve as Controller. (0602-01 CONTRACT) 3N. Approval of Amendment to the Omnitrans' Joint Powers Authority A~reement (CO85-72 X C0091) which chartSee Section 10.C., Emplc~yee Senority Rights. (0602-01 CONTRACT) 30. Approval of Intent to Annex Tract Nos. 12532, 12077, and 12077-2 to Street Lighting Maintenance District No. 1 as Annexation No. 12 and to Street Lighting (15) Cit7 Council Minu=es July 31, 1985 Page 4 (19) (20) (21) (22) (23) (24) (25) (26) Maintenance District No. 2 as Annexation No. I0; and set public hearing for August 21, 1985. (0~03-01 ST LIGHT MAINT DIST) RESOLUTION NO. 85-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANHEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 85-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCHO CUCANONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. I, AN ASSESSMENT DIS- THICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. I; FURSUANT TO INE LAND- SCAPING AND LIGHTING ACT OF 1972 aND OFFERING A TIME AND PLACE FOR HEARING neJECTIONS THERETO RESOLUTION NO. 85-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 10 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 85-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; AN ASSESSMENT DIS- THICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 10 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LAND- SCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR BEARING OBJECTIONS THE_RMTO 3P. Approval of Intent to Annex Tract Nos. 12532, 12077, and 12077-2 to Land- scape Maintenance Distric~ No. 1 as Annexation No. 25 and se~ting ~he date of public hearing for August 21, 1985. (0403-01 LANDSCAPE MAINT DIST) RESOLUTION NO. 85-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENCINEER'S REPORT FOR ANNEXATION NO. 25 TO LANDSCAFE MAINTKNANCK DISTRICT NO. I RESOLUTION NO. 85-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. I, AN ASSESSNENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 25 TO LANDSCAPE MAINTENANCE DISTRICT NO. I; PURSUANT TO THE LANDSCAFINC AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 3Q. set public hesring for August 7, 1 985 - Appeal of Planning Commission Con- ditions of approval for Environmental Assessmen~ and Conditional Use Permit 85-08 - Vernaci. Appeal by applican~ of the Planning Cmission's conditions of approval for a proposal to locate a single ~railer for s caretaker's facili- t7 in a wholesale nursery located in =he Edison right-of-way on =he north side of Base Line, eas~ of Rochester - AFN 227-091-41. (701-06 APPEAL) 3R. Set public besring for August 7, 1985 for Environmental Assessment and Tetra Vis=a Developmen= Plan Aaend-en= 85-03, Lewis. (0203-05 PLANNED CONleNI- TY) Cit~ Council Minutes July 31, 1985 Pa2e 5 MOTION: Moved by lln2, seconded by Dahl to approve presented, Hotion carried unanimously 5-0. the Consent Calendar as 4. AnVEBTISX~ PUBLIC Hv. aRINGS 4A. ENVIRONMK~TAY. ~SKSSJ(ENT FOR CUCAMOIICA Cuxwx TmATL ~ pAmx PROJECT RXCRXA- (27) TION FAc~.ITY, Item was advertised for public hearin2 for July 17, 1985. How- ever, request Chat item be continued to August 7, 1985. (I~04-06 PARK) MOTION: Moved by Wright, seconded by Dahl to continue item to August 7, 1985. Motion carried unanimously 5-0, 5. NON-AnVERTISW~ HKARINCS 5A. 0B~INAMCK RFf:UT.ATING AMOUr. AntE eRaVICES WITH THE CITY OF RANCHO CUCAMONG~, (28) Consideration of an ordinance establishins minimum standards for the operation of ambulance services within the OiLV. Staff report by Mark Lorimer, Adminis- trative Analyst. (1206-01 AMBULANCE) Mayor Mikels opened the meetins for public hearins. Addressins Council were: Michael Light, attorne~ for Can~on Medical Services, expressed that he did not feel the proposed ordinance had been refined enough, There was still a requirement in the ordinance that a need and necessity be shown. The~ be- lieved it was too subjective, and it should not be included in the ordi- nance unless it is defined and given a specific criteria Chat will assist a company in proving to the Ci~ that such a need does in fact exist. Mr. Light quoted Section 8.18.0~0(a)(11) as an example: "establishes a re- quirement that an initial application shows to the satisfaction of the CiLV Manager that the issuance of a permit is in the public interest and there is a need for a permit to be issued..." Also, in Section 8.18.060(b) - permits the Council to den~ an application if the~ find there is insufficient need for such additional ambulance service within the CiLV. The problem with this type of statute is thaC if there is any ambulance service in a Cit~7, the existins prowider is going to say that the~ are servins the need - there isn't am7 need for any other service. The burden is then upon the applicant to show there is in fact a need. Dennis Hansberger, Trans Medical, made the following comments: Section 8.18.060(f) - Liabilit~y Insurance - He stated the ordinance requires $4 million; he would support this, but is not sure it is practical since it is becomins increasingly difficult to get liability7 insurance in those amounts. He urged Council to amend this to $1 million to be consistent with all other ordinances. Section 8.18.090 - ReneMal of Permits - wanted added for the record: "the~ would support item (b) which refers to the percentage of response times, but there are Code 3 runs which are reduced to a Code 2 in route. Any call reduced in route is not a Code 3 response, even though it was ini- tially." Section 8.18.110(a) - Suspension, conditional operation, and temporat? variance. Chanse in ownership - he questioned the 30 day prior to sale, trans- fer, or change in ownership since it is not typical of companies to come to the City when the~ are sold or ownership is transferred. Companies are usually sold "conditioned upon" the abilit]r to get their permit. The deal ma~ be blown over a 30-day requirement. He recommended that Council strike "change of ownership" and leave everTthins else as is. Cit~y Council ~inutes July 31, 1985 Pa2e 6 Section 8.18.150(b) - Standards for dispatch. Be recommended that the words, ResaerSency serviceR be resaoved. Also, change the section which reads, "the nature of the medical --ergencyR to Rthe nature of the call" and then re- ROVed the paragraph which reads, RAIl non-emergency ambulance operators shall maintain a similar log, except that dispatch and response times shall not be required to be recorded." This will be consistent with the CHP. Section 8.18,160(c) - gaintenants oE Emergency Equipment and Sup- plies. He requested the word t*lterileR be changed to clean. He stated that in medical terms sterile would apply to dressings, bandaging, and instruments, but would not apply to other medical supplies. He expressed that the ordinance should include that an operator should have a CounL-y permit to operate. If an operator is to operate in the City, the~ should be able to operate in the unincorporated areas immediately adjacent Co the Cit~y. With respect to the of need of necessity raised by ~r. Light, they have no objection to further define the terms, Need of Necessity. Pat McCullum, Regional )(ana2er, for Cole Schaffer Ambulance, stated that they have not experienced any problam with insurance and that they present- ly have a policy in effect that is double what the city requires for lia- bility insurance. They have not experienced any problem acquiring insur- ance. They would like to see liability insurance at $4 Rillion for nov. From past experience, they have had litigation which has exceeded $1 mil- lion when they have had a judgement ngainst them. He did have a problem with Section 8.18.060(d) and (e) - Bonding of Appli- cant. If this ramains as is, he does not see why any operator should post a $25,000 surety bond which is a double indemnity toward the operator and will be passed on to the citizens. There is no way they will put up a $25,000 cash bond and not evenCnally get it back. This will increase rates, There being no further public response, the Mayor closed the public hearing. City Attorney, James Marksan, responded to the concerns mentioned as follows: tNeed of Necessity: He felt this would be difficult, if not impossible, to add anything to that phrase since it is a "well worn phrase." There is a case taw on this. He stated that it be left in because in Rancho Cucamonga there could be a situation with the response time criteria where there are so many operators who qualify Co give service that they generate a problem with each other and divide the market to such an extent that we have problems with the response time criteria and all the rest of the service criteria. He suggested that if a license is denied for tack of need of ne- cessity that staff present to Council substantial evidence and data shoving wh~ the denial should be based on that criteria. *Liability Insurance: The liability insurance level is there to protect the public. If companies in the City become uninusrable because of premium problems, that is the type of Chin~ which would generate the need for an urgency ordinance to tower the level requirement if that is the case. *Change of Oenership Notice: The purpose of this is to check the hack- ground of the new company who purchases the permitted company to find out if Chat company has a history of problems such as OVer abundance of auto accidents, claims, or damnge Co the public. Thirty days is a meager amount of time Co Sanerate that kind of data in the manager's office. eLo2: He could noC see the necessity of making anyone without an emergency license RainCain the log. If anyone rich a 1 icenee has Co maintain a log for the CHP and Council wants Co Rake a change, staff has no ubjeccion. City Council Ninutes July 31, 1985 Pa2e 7 tissue of Sterile Instrmaentsz Staff does not have any reason to dispute what Mr. Hansberger stated, and if Council wants to make the language chan2e to clean instead of sterile, staff has no problem with that. tCounty Permit Issue: The ordinance only controls pickups in the City of Ranthe CucaaonZa which is in the Council's jurisdiction. The Council's de- cision should not be based on the County's decision on need and necessity in the unincorporsted areas. The County cannot preclude a company that picks up in Ranthe Cucasaon2a from transporting across unincorporated areas. tBondinK: The bond requiresent is not there to protect the City against liabil icy claim or to provide additional support for indemnity. It is in the ordinance in the event the company stops giving service which they are required to do, and the City finds itself in the position of not having a prowider operating in the City. There would be a fair amount of money so the City could provide the service for a short or interim period of time in the event that happens. In his opinion, the amount was too small for that purpose. Councilman Kink stated he had some problems with the need and necessity provi- sions. Realizing there may be sitnations in which it becomes a reasonable inquiry, he would like to make sure that the issue does not become one of "we have a prowider here, therefore, we do not need additional providers". He would feel more comfortable if something could be placed into the need and ne- cessity section to the fact that the determination as it relates to need and necessity shall not be made solely on the basis that there are other providers present. Mr. Markman suggested the wording, '*Provided that such a determination shall not be solely based upon the fact that there is already a prowider or providers operating vithin the City." Councilwoman Wright expressed that this was not a part of the original ordi- nance which was brought to the Council, and the major discussion at that time was a focus on attempting to eliminate competition by requiring a parsmedic on all emergency and non-emergency runs. This is new and we have not had substan- tial discussion on the need and necessity clause. She felt this was doing the same thing by eliminating competition. Councilman Kink felt that his suggestion declared Council's intent that the need and necessity clause is not to he used as a basis for trying to discourage competition. Need and necessity cannot be determined solely on the hasis that there is already an existing pr~vider within the coemuni~y. Council discussed and determined as follows: Insurance at $4 million: Council concurred to keep the $4 million. Code 3 changed to Code 2 in route: Council concurred with concept. Notice of Sale: Council concurred as written. Operator have County permit: Councilman Buquet wanted input from the Fire District on this. Mr. Wasserman expressed that the Fire District would probably want the City and County the same. Council concurred to keep the ordinance as written. Maintenance of Log: Council concurred that the CHP requirements should be incorporated into the ordinance. Reduce the $25,000 suret7 bond: Council concurred to keep the requirement in the ordinance. Clean versus Sterile: Council concurred to leave the "sterile" wording. tit7 Council Minutes July 31, 1985 PaSs 8 Response time for Code 3: Council concurred to leave this at 10 minutes. Councilman Eina's suSgestion for inclusion of Need and Necessity state- ment: Council concurred in addin2 this to the ordinance. tit7 Clerk Authelet read the title of Ordinance No. 269. ORDINANCE NO. 269 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA IeNICI- PAL CODE PERTAINING TO THE REULATION OF AMBULANCES. MOTION: Moved by Dahl, seconded by Buquet to waive full readin8 of Ordinance No. 269. Motion carried unanimously Mayor Mikels set second reading for August 7, 1985. Mayor Mikels called a recess at 8:45 p.m. with all members of the Council present. The meeting reconvened at 9:15 p.m. (29) (30) 6. CITY NAN~-ER'S STAFF RRPORTS 6A. CONSTD~.nATION TO n~TNAnCK A~SE~SM~NT DISTRTCT 82-1 II~USTRTAL IMPROV~ENT BONDS. (0401-03 SIXTH ST ASSIST DIS) Staff report by Lauren M. Waeserman, CiLV Manager. Kayor MikeIs opened the meeting for public input. There being no response, the meeting was closed. MOTION: Moved by ling, seconded by Buquet to proceed with feasibility study to refinance Assessment District 82-1 Industrial Improvement Bonds and to report back if there is a cost savings. (6th Street Industrial Area). Motion carried unanimously 5-0. 6B. INFORMATION B~c-~nnlNC RXCOMSIDXRATION OF COUNTY ~-RKk'MK~qTS FOR MULTI-FAMILY BOND FINANCING PROGUAM - CO85-065. (0~05-02 BONDS/MORTGAGE) Staff report by Linda Danisle, Senior RDA Analyst. Mayor MikeIs opened the meeting for public c~ent. Addressing Council were: John Christianson, from Klusman Street, asked hov the City benefited from this; it seeed like the contractor would benefit. He expressed that he felt the City was inundated with apartments and suggested that the City re- duce density. John Goodman, representing Western Company, encournged Council not to retract its former decision. Since Council approved the program, they have moved ahead with the project and have incurred substantial cost for legal fees. Paul Denis, Lincoln Properties, asked Council not to rescind this agree- ment. Jim Hampton, President of the Chamber of Commerce, read a prepared state- meet stating that they felt approval of the proposed resolution may result in £ormal disputes between parties and developers within the City Council Minutes July 31,198~ Page 9 which would prove detrimental to all. They encourqed Council to resolve the matter on a amicable basis without the resolution as proposed. In the resolution of the dispute, they offered their services. Lowell G~mes, 8772 Vivero Street, felt this should not be reconsidered at this time. If Council wanted to look at this in the future, then do but they should not chan2e their position and rescind the agreement at this time. Jim Barton, 552 Cannonside, did not feel Council should chan~e their pol- icy. There bein8 no further public input, Mayor MikeIs closed the public portion of the meetinX. After further discussion, Council made the following motion: MOTION: Moved by Mikels, seconded by Wright to approve Resolution No. 8~-232. Motion failed by the following vote: AYES: Wright, Mikels NOES: Buquet, Dahl, Kin8 RESOLUTION N0. 85-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 85-183 WHICH AFPROVED A CO- OPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MULTI-FAMILY RENTAL ROUSING MORTGAGE FINANCING 6C. UPDATE ON VECTOR CONTROL PROGRAN. (16,03-11 VECTOR CONTROL) Staff report by Hark Lorimer, Administrative Analyst. Hayor MikeIs opened the meeting for public comment. Addressing Council was: Kathy Wheatley stated her only opposition was the time frame. ~hat was needed was an immediate attack on the problem. By waiting six months for the contractor, we will be in the fly season again. She suggested the mon- ey from the State be used to join the West Valley Vector Control on a contracturn1 basis. There being no further public c~mment, Hayor MikeIs closed the public portion of the meeting. ACTION: Council selected Councilmen Buquet and King as a subcommittee to meet with Mr. Zdunowski and report back at the August 7th meeting. 7. COUNCTL BUSINESS 7A. FILLING OF UNrXpIRF~ TERM ON THE AnVISOBY COMMISSION. (0100-00 ADMINISTRA- TION) Mayor MikeIs suggested that this be continued since only one application had been received from the 91730 area. Council concurred. Councilman Buquet requested that the issue of the process by which the AdvZsory Commissioners are appointed be discussed at the September 4th meeting under Council Business. 7B. Added Item: I~KOUEST BY WILLTAM LYON COMPANY TO PROCEF~ WITH MODk~. HOMES. (0203-05 COMMISSION/COMMITTEE) (0203-05 FLANNED COMMUNITY) Mayor Mikels City Council Minutes July 31, 1985 Page 10 stated that Willinn Lyon was requesting an appl ication of a policy which has been previously applied to the Tetra Vista Planned Community £or the construc- tion o~ a model unit prior to approval o~ the tract. I£ the tract were not ap- proved, then the model would be removed. Councilman Dahl stated he was opposed to moving ahead with this because the Williem Lyon Ccspan~ has never totalIT met the conditions o~ approval on their first project with regard to the trails and landscaping and 7et they have been allneed to move ahead from one phase to the next. Councilman Buquet suggested that staff investigate Mr. Dahl's co~nnents and re- port to the Council. MOTION: Moved by King, agreement similar to the bring back for Council's unanimously 5-0. seconded by Buquet to authorize staff to prepare an Lewis Home's agreement on the same matter, and to consideration at the next meeting. Motion carried 7C. Added item: Councilman ling stated he yam working on the Campaign Financin8 matter which had been received and filed previously b? Council. He would be bringing the matter back for Council's consideration when he is ready. 8. ~nJOURNMEmT MOTION: Moved by Dahl, seconded by Wright to adjourn to a Closed Session to discuss some potential litigation, not to reconvene again this evening. Motion carried unanimously 5-0, The meeting adjourned at 10:40 p.m. Respectfully submitted, Beverly A. Authelet City Clerk Approved: September 4, 1985