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Home My WebLink About1991/12/18 - Minutes December 18, 1991 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES ReGular Meeting A. C~T-T- TO A regular meeting of the Rancho Cucamo~ga City Council was held on Wednesday, December 18, 1991, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: WilliamJ. Alexander, Charles J. Buguet II, Dlane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; Ralph Hanson, Deputy City Attorney; Linda D. Daniels, Deputy City Managers Rick Gomez, Community Development" Director; Brad Buller, City Planner; Cindy Norris, Associate Planner; Joe O'Neil, City Engineer; Paul Rougeau, Traffic Engineers Jo Lynne Russo, Integrated Waste Coordinator; Joe Schultz, Conununity Services Directors Jim Hart, Administrative Services Director; JimFrost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adame, City Cl~rk. , · , · · B, ANNOUNCEMENTS/PRESENTATIONS B1. Next Regularly Scheduled City Council Meeting Will Be Held On Thursday, January 2, 1992. Announcement made by Mayor Stout. B2. Jack Lam, City Manager, announced that Item D18 should be considered under City Manager's staff reports instead of the Consent Calendar. B3. Jack Lam, City Manager, announced that there would be an Executive Session regarding pending litigation. · · , · , , City Council Minutes December 18, 1991 Page 2 C. COMMUNICATIONS FROM THE PUBLIC Ramona.Anderson stated she thought the Council would be discussing mobile home matters at this meeting. Mayor Stout stated the public hearing for this matter would be held at the February 5, 1992 meeting. , , · · , (i) (2) (z) (5) D, CONSENT ClkT.!elql:)~kR D1. Approval of Minutes: November 6, 1991 (Stout absent) November 20, 1991 D2. Approval of Warrants, Register Nos. 12/4/91 and Payroll ending 11/21/91 for the total amount of $731,730.16. D3. Approval to receive and file current Investment Schedule as of November 30, 1991. 'D4. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Kabob House, Hlsamuddin and Jo Ann G. Durrani, 8417 Haven Avenue, Rancho Cucamonga. D5. -Alcoholic Beverage Application for Off Sale Beer & Wine for The NewMexico Connection, Leon W. Marler, SonJa J. Marler, and Arlyn C. Zipp, 11530 Sixth Street, #C-1, Rancho Cucamonga. D6. Alcoholic Beverage Application On Sale Beer & Wine Eating Place for Joe's -New York Dell, Lynda J. and Robert A. Long, 8645 Haven Avenue, #550, Rancho .Cucamonga. DT. Approval of Article 8 Claim Transportation Funds for Fiscal Year 1991/92. (1206~06 TRANSPORT) DS. Approval of Fiscal Year 1990/91 Comprehensive Annual Financial Report. (0401-00 ACCOUNTING) D9. Approval of Conversion to PrimarT Electrical Service. (1601-04 CITY FAC) D10. Approval of an extension of the City of Rancho Cucamonga's January 1, 1988 Mobile Home Accord. (0704-01 MOBILEHOME) Dll. Approval to Amend the Con~nunity Development Block Grant Final Statement of Conununity Development Objectives and Projected Use of Funds for the 1991/92 Program Year - Proposed amendment to the Final Statement to allow the addition of design work for future street improvements for Calaveras Avenue from 9th Street to Chaffey Street as part of the overall street improvements for Southwest Cuc~monga. (0203-04 COBG) City Council Minutes December 18, 1991 Page 3 D12. Approval to sustain an appeal of the Planning Con~nission's decision to deny the request to place a wall sign on the tower of Building G within the Terra Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN~ 1077-421-05, 06, and 18. I~ FaNOVED FOR DISCUSSION BY COUNCILMEMBERS BUQU~T AND WRIGHT. (0701-06 APPEAL) RESOLUTION NO. 91-384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY THEREQUESTTOPLACE A WALL SIGN ON THE TOWER OF BUILDING G WITHIN THE TERRAVISTA TOWN CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAVEN AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APNz 1077-421-05, 06 AND 18 D13. Approval of a No-Cost VehicleLease Agreement (CO91-083) between the South Coast Air Quality Management District and the City of Rancho Cucamong~. for .6ne alternative fuel Ford Taurus. The term of this No-Cost Lease is December ~3, 1991 to December 30, 1991. (0602-01 CONTRACT) :.. D14. Approval to execute a contract (CO 91-084) with NBS/Lowry to provide tax and financial consulting services in relation to CFD 88-2. Contract amount not to exceed $12,000.00, to be paid from Account No. 75-4130-6028._..(0602-01 CONTRACT) .. D15. Approval to execute an amended contract (CO 91-044) for Computer Hardware Maintenance with Westek Computer Services in the amount of $8,141.00 to be funded from Contract Services Account No. 33-4130-6028 for Fiscal Year 1991/92.. (0602-01 CONT AMEN) D16. Approval to execute Improvement Agreement, Improvement Securities 'and Ordering the Annexation of Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. I and 2 for CUP 90-40, located on the south side of Jasper Street, west of Sierra Vista Drive submitted by Sierra Vista Baptist Church. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 91-385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR CONDITIONAL USER PERMIT NO. 90-40 RESOLUTION NO. 91-386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN- TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. i AND .STREET. LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR CUP 90-40 (6) (7) (s) (9) (10) (n) City Council Minutes December 18, 1991 Page 4 (13) D17. Approval to execute Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District NoB. 1 and 6 for DR 88-09, located on the west side of Maple Place, north of Arrow Route submitted by Benjamin K. Sharfi. (0602-01 AGREE IMPR) (0401-03 LANSCAPE MD) (0401-03 ST LT MD} RESOLUTION NO. 91-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW NO. 88-09 RESOLUTION NO. 91-388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOB. i AND 6 FOR DR 88-09 DiS. Approval to cMeouto Improvcmcn% Agreement Extenoion for Trao% 12462, leeeked en kha ssukk si&a sf S~...ik Avenue beks/~ BkLwen~a Avenue an~ Bask Avenue, su~..ikkad by FLask Pokily H~,.~e. CONSIDERED UNDER CZTTMaNAGR'B STAFF REPORTS lIBSOLUtION NO. 91 380 A RESOLUTION OF THE OITY COUNCIL OF THE CITY OF RANOHO OUO~aIONOA, OALI.'OR]IIA, APP~OVIEIC II~OVB~BN~ AGRBEMBN~ EXTENSION A~W II~PROVEMENT 8EOURITY FOR TRAOT 12462 D19. Approval to execute Improvement Agreement Extension for Tract 13280, located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue submitted by The Lusk Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13280 D20. Approval to execute Improvement Agreement Extension for Parcel Map 11473, located on the south side of Hamilton Street east of Hermosa Avenue, submitted by.Bruce Wei. (0602-01 AGREE EXTN) RESOLUTION NO. 91-391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11473 City Council Minutes December 18, 1991 Page 5 D21. Approval to execute Improvement Agreement Extension for Parcel Map 11685, located on the south side of Devon Street at Kinlock Avenue, submitted by James O'Brien. (0602-01 AeREE EXTN) RESOLUTION NO. 91-392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11685 D22. Approval to Release Maintenance Guarantee Bonds for Tract 14150, located on the northwest corner of Tetra Vista Parkway and Milliken Avenue. (0602-01 BOND REL) Release Maintenance Guarantee Bonds: Tract 14150 Milliken/Mt. View to Base Line Milliken/Foothill to Mt. View 7,850.00 15,360.00 65,300.00 D23. Approval to authorize the Release of Bonds for the West Beryl Park Improvements and West Beryl Sewer Improvements Project to Hondo Company, Incorporated, Contract No. 90-207. (0602-01 BOND REL) Release: Faithful Performance Bond (Park) Labor and Material Bond (Park} Contract Performance Bond (Sewer) Payment Bond (Sewer) $1,504,986.00 $ 752,493.00 $ 86,848.00 $ 43,424.00 D24. Approval to accept the Traffic Signal and Street Improvements at Foothill Boulevard and Rochester Avenue, Contract No. 91-001, located at the intersection of Foothill Boulevard and Rochester Avenue as Complete, Release Bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BONDREL) (0704-18 NOT COMPLT) RESOLUTION NO. 91-393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT FOOTHILL BOULEVARD AND ROCHESTER AVENUE, CONTRACT 91-001, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to accept the Terra Vista Planned Community-Milliken Park Improvements Project by Lewis Homes as complete and authorize the filing of a "Notice of Completion". (0704-18 NOT COMPLT) RESOLUTION.NO. 91-394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TERRAVISTA PLANNED COMMUNITY, MILLIREN PARK PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (u) (20) City Council Minutes December 18, 1991 Page 6 MOTIONs Moved by Alexander, seconded by Williame to approve the Consent Calendar with the exception of Items D12 and D18. Motion carried unanimously, 5-0. DISCUSSION OF ITEM DI2. Approval to sustain an appeal of the Planning Commission's decision to deny the request to place a wall sign on the tower of Building G within the Tetra Vista Town Center, located at the northeast comer of Foothill Boulevard and Haven Avenue - APNI 1077-421-05, 06, and 18. Councilmember Buquet stated he had changed his position on this matter after returning to the site to look at it again. Councilmember Wright stated she was not changing her position on this matter as she had stated at the previous meeting. RESOLUTION NO. 91-384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TODENYTHEREQUESTTOPLACEA WALL SIGN ON THE TOWER OF BUILDING G WITHIN THE TERRAVISTATOWN CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAVEN AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-05, 06 AND 18 MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 91-384. Motion carried 4-1 (Wright no). w. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 91-04 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.12.040 regarding bicycle storage requirements and Section 17.08.070 regarding trail maintenance requirements. (0203-03 DC AMEND) Debra J. Adsas, City Clerk, read the title of Ordinance No. 480. ORDINANCE NO. 480 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. 91-04, AMENDING TITLE 17, SECTION 17.12.040.C.4 OF THE RANCHO CUCaMONGA MUNICIPAL CODE, REGARDING BICYCLE STORAGE FACILITIES ANDAMENDING TITLE 17, SECTION 17.08.070REGARDING TRAIL MAINTENANCE STANDARDS MOTIONz Moved by Alexander, seconded by Wi111ams to waive full reading and approve Ordinance No. 480. Motion carried unanimously, 5-0. , , , , , City Council Minutes December 18, 1991 Page 7 E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENTANDINDUSTRIALAREA SPECIFIC PLAN AMENDMENT 91-05 - CITY OF RANCHOCUCAMONGA - A request to amend Part III, Section IV.F. regarding bicycle storage requirements. (0203-05 INDUS SP) Debra J. Adams, City Clerk, read the title of Ordinance No. 481. ORDINANCE NO. 481 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT NO. 91-05, AMENDING PART III, SECTION IV.F., REGARDING BICYCLE STORAGE FACILITIES MOTION: Moved by Alexander, seconded by Williams to waive full reading and approve Ordinance No. 481. Motion carried unanimously, 5-0. · · · · · E3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 91-03 - CITY OF RANCHO CUCAMONGA - A proposal to amend the Etiwanda Specific Plan Land Use Map from MediumResidentlal (8-14 dwelling unitsper acre) to Low Medium Residential (4-8 dwelling units per acre) for the following subareas within the Etiwanda Specific Plan: (0203-05 ETIW SP) (3) Approximately 11.2 acres bordered on the northwest by the Ontario (I-15) Freeway, on the east by East Avenue and existing Low Medium Residential designated land, and on the south by Miller Avenue. - APN= 1100-041-04 through 10. Debra J. Adams, City Clerk, read the title of Ordinance No. 482. ORDINANCE NO. 482 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 91-03, THE SOUTHERN PORTION OF SUBAREA 3, TO AMEND THE ETIWANDA SPECIFIC PLAN LAND USE MAP FROM MEDIUM (8-14 DWELLING UNITS PER ACRE) TO LOWMEDIUM (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.2 ACRES OF LAND BORDERED ON THE NORTHWEST BY THE ONTARIO (I-15} FREEWAY, ON THE EAST BY EXISTING LOW MEDIUM RESIDENTIAL DESIGNATED LAND, AND ON THE SOUTHBY MILLER AVENUE, ANDMAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-041-04 THROUGH 10 MOTION= Moved by Alexander, seconded by Willjams to waive full reading and approve Ordinance No. 482. Motion carried unanimously, 5-0. · · , · · · (22) City Council Minutes December 18, 1991 Page 8 (24) (25) F, aDVERTISED PUBLIC HEARINGS F1. CONSIDERATION TO ADOPT THE FINAL DRAFT OF AB 939 BY RESOLUTION (Staff Requests This Xtem Be Continued to Januax7 15, 1992) (1170-04 REFUSE) Mayor Stout stated staff has requested this matter be continued to January 15, 1992. Mayor Stout opened the meeting for public hearing. MOTION= Moved by Buquet, seconded by Alexander to continue the public hearing until January 15, 1992. Motion carried unanimously, 5-0. F2. CONSIDERATION OF RESOLUTIONS RELATING TO THE FORMATION OF ASSESSMENT DISTRICT 89-1 (0401-03 89-1AD) Mayor Stout stated there was a request to continue this matter to January 2, 1992. Mayor Stout opened the meeting for public hearing. RESOLUTION NO. 91-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVINGAND AUTHORIZING EXECUTION OF AGREEMENTS RESOLUTION NO. 91-396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRNINGTHEASSESSMENT, ORDERINGTHE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT RESOLUTION NO. 91-397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE FOR A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 91-398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT MOTION= Moved by Alexander, seconded by Buquet to continue the public hearing until January 2, 1992. Motion carried unanimously, 5-0. City Council Minutes December 18, 1991 Page 9 G. PUBLXC HEARINGS No Items Submitted. , · · , , H. CXTY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF APPROVINGANDEXECUTINGCONTRACTS (CO91-085) ICO91-086) WITH THEATCHISON. TOPEKAAND SANTA FERAILROADCOMPANYFORRAILROAD IMPROVEMENTS AT JERSEYBOULEVARD Staff report presented byDuane Baker, Assistant to the City Manager. (0602-01 CONTRACT) Mayor Stout opened the meeting for public comments. There being no response, public comments were closed. MOTION= Moved by Alexander, seconded by Buquet to approve the contract with the Atchison, Topeka and Santa Fe Railroad Company. Motion carried unanimously, 5-0. , , · , · H2. CONSIDERATION OF THE ASSIGNMENT OF AN ADULT CROSSING GUARD ON HIGHLAND AVENUE 240 FEET WEST OF MAYBERRY AVENUE FOR VINEYARD JUNIOR HIGH SCHOOL. AT A COST OF S4.400.00ANNUALLY, TO BE FUNDED FROM ACCOUNTNUMBER 01-4451-1300 Staff report presented by Paul Rougeau, Traffic Engineer. He also stated the Principal and Vice Principal of the school could not be present, but were in favor of the crossing guard at the subject location. (1301-05 CROS GUARD) Mayor Stout opened the meeting for public comments. public con~nents were closed. There being no response, Councilmember Alexander stated he was disappointedthat this matter had gone this far. He felt staff was correct in saying this would set a precedent if this is approved. Mayor Stout asked Mr. Rougeau for further clarification about the kids crossing mid-block in front of the school. Paul Rougeau, Traffic Engineer, explained this crossing. Councilmember Wright stated there are big mounds of dirt in the area of this crosswalk, which was across the street from the school, and with the position of the dirt, the kids who lived to the south of the school were funneled to this particular crossing. She added there were some 11 and 12 year olds going to junior high who still needed supervision crossing a busy street. She felt kids at that age are still controllable, and that the City should provide a means to help them cross the street safely. She felt all schools shouldbe considered on a case-by-case basis, and not set a precedent by approving the crossing guard at this location. (26) (27) City Council Minutes December 18, 1991 Page 10 (28) (29)' Councilmember Alexander stated he definitely felt this would set a precedent. He felt possibly the schools should participate in the funding of crossing guards. Councilmember Wright stated they are City streets and felt it was the City's responsibility. Councilmember Buquet stated he felt this was a very visible crosswalk and did not feel it was an unsafe location to cross. He addedhe was uncomfortable that this might set a precedent if it is approved. He did not feel the City should fund crossing guards for students in junior high or older. Mayor Stout felt the crossing guard at Etiwanda Intermediate was placed there many years ago. Councilmember Willlams suggested that parents drop their kids off at a location other than right in front of the school so as not to create as much traffic right in front of the school. MOTIONs Moved by Alexander, seconded by Williams to deny the request of an adult crossing guard as recommended by the Public Safety Con~nission. Motion carried 4-1 (Wright no). H3. CONSIDERATION TO EXECUTE IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 12462. LOCATED ON THE SOUTH SIDE OF SUMMIT AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE. SUBMITTED BY FIRST FAMILY HOMES (0602-01 AGREE EXTN) RESOLUTION NO. 91-389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12462 MOTION: Moved by Wright, seconded by Alexander to approve Item H3. carried unanimously, 5-0. Motion , , , · , l. COUNCIl, BUSIMES8 I1. CONSIDERATION OF APPOINTMENTS FORTPrEHISTORIC PRESERVATION COMMISSIONAND THE ENVIRONMENTOr MANAGEMENT COMMISSION (ORAL ~EPORT) (0701-01 APOINT HPC) (0701-01 APOINT EMC) Councilmember Williams thanked the people who came for interviews for the position of Historic Preservation Conmnissioner, and hoped that those whowere not appointed would continue their interest and give input and stay involved. MOTION: Moved by Stout, seconded by Wright to reappoint Melicent Arner, Marsha Meek Banks, Alan Haskvitz, and Bob Schmidt. Motion carried unanimously, 5-0. City Council Minutes December 18, 1991 Page 11 Mayor Stout stated it was a very tough decision in taking the membership of the Environmental Management Con~nission fro~ eleven to five menlbers. He continued to inform the Council of the process the Subcon~nittee went through in reaching their decision. He stated the Subcon~nittee was also suggesting who the Chair and Vice Chair would be, and that they would be meeting with the selected commissioners to set up a work program. MOTION= Moved by Alexander, seconded by Willjams to appoint the following as commissioners to the Environmental Management Con~nission~ Jack Willjams, Chair John Dunlap, Vice Chair Steve Barras Michael Lee Leslie Riggs Motion carried unanimously, 5-0. The City Council concurred that a work program for the Envirorunental Management Commission would be developed, and would be brought back to the City Council for consideration. Mayor Stout stated they would be back in 90 days with the work program for the City Council to review. · · · · · IDENTIFICATION OF ITEMS FOR NEXT MEETIN~ J1. Councilmember Buquet stated the City Council would be receiving a memorandum from him about con~nuter rail access. He stated he has concerns about the route the commuter rail will take through the residential area of the City. He stated he would like the City Council to take anaction to let the railpeople know what the city's position is on this issue. · , · · , X. COMMUNICATIONS FROM THE PUBLIC K1. REQUEST BY MR. AND MRS. JAY KEENAN TO DISCUSS CITY'S POLICY REGARDING WALL CONSTRUCTED BY NEIGHBOR IN VIOLATION OF CC&R'S (1002-09 CC&R) (0807-01 CODE BLDG) Duane Baker, Assistant to the City Manager, presented a staff report giving background information about this item. Mrs. Keenan stated she did not feel they should be penalized for the way their house sits on the lot. She stated they have to go on the Wong's property to access their utility meters. She thanked the City Council for allowing themto be heard. She stated she did not know why the City would issue permits when they are against the CC&R's for this area. She stated she had been told by staff the wall would not be permitted. (3o) City Council Minutes December 18, 1991 Page 12 Councilmember Buquet stated this is not something the City can just Jump in the middle of, but it would help the City to develop future guidelines for these same types of situations. Mrs. Keenan also pointed out that there is a civil suit regarding this matter. Various questions of clarification were asked of Mrs. Keenan. Mayor Stout pointed out that the situation of the easement was between Mrs. Keenan and the neighbor. He stated for the City to cite the neighbor, it would have to be something that is enforceable in construction. Mayor Stout stated he would like staff to prepare a policy on how CC&R's are viewed and also with respect to litigating. Councilmember Alexander asked why we issued permits. Rick Go~ez, Community Development Director, stated that there was no violation of codes so the permits were issued. Mayor Stout stated he would like the City Attorney to work with staff on a CC&R's policy. Councilmember Buquet felt there should be a chronological statement for the file as to what has happened. K2. Jim Frost commented on the history of crossing guards in Etiwanda. , · , , , L. ADJO~TRNMENT Moved by Williams, seconded by Buquet to adjourn to Executive Session Motion carried unanimously, 5-0. The meeting MOTION= to discuss pending litigation. adjourned at 8=55 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved= February 5, 1992