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HomeMy WebLinkAbout1991/06/19 - Minutes June 19, 1991 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetin~ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 19, 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 7:06 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: Charles J. Buquet II; Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; William Curley, Deputy City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Otto Kroutil, Deputy City Planner; Anna-Lisa Hernandez, Assistant Planner; Richard Alcorn, Code Enforcement Supervisor; Joe O'Neil, City Engineer; Paul Rougeau, Traffic Engineer; Dan James, Sr. Civil Engineer; Jerry Grant, Building Official; Joe Schultz, Community Services Director; Paula Pachon, Management Analyst II; Marti Higgins, Disaster Preparedness Manager; Jana Ellis, Disaster Preparedness Specialist; Jim Hart, Administrative Services Director; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was Councilmember: William J. Alexander. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation to Chief Engineer Donald O. Manning of the Los Angeles Fire Department for his Assistance in the Development of our C.E.R.T. Program. Mayor Stout presented the proclamation to Chief Frank Borden. City Council Minutes June 19, 1991 Page 2 (i) (z) C. COM~TJNICATIONS FROM THE PUBLIC C1. Elliott Hannah, 10300 Arrow Route, stated he spoke at the previous Council meeting regarding identification being required when using a credit card for a purchase. He added he recently received a letter from Duane Baker who had contacted the California Department of Consumer Affairs for information and advice. He felt Mr. Baker had received inaccurate and incomplete information because the letter stated that after Mr. Baker contacted the Department of Consumer Affairs he was told that matters such as this should be handled through the District Attorney's office. He stated the District Attorney's office informed him through a telephone recording that they would not give legal advice. He felt according to the language of the law that the City Attorney is empowered to handle matters such as this, and asked for the City to do something to stop the identification requirement. D. CONSENT CALENDAR Jack Lam, City Manager, stated Item D9 should be considered under Advertised Public Hearings (as Item No. F4) as it was placed under the incorrect section of the agenda. He pointed out that this item was legally advertised as required. D1. Approval of Minutes: May 22, 1991 D2. Approval of Warrants, Register Nos. 5/29/91 and 6/5/91; and Payroll ending 5/23/91 for the total amount of $1,403,613.08. D3. Approval to receive and file current Investment Schedule as of May 31, 1991. D4. Approval to authorize amending Fiscal Year 1990/91 appropriations. (0401-21 FUND APPRO) D5. Alcoholic Beverage Application for Off Sale General, Carl's Liquor, Yousef Hawara and Jamil Somouh, 9677 Foothill Boulevard. D6. Alcoholic Beverage Application for Off Sale General, 1990 Conditional Priority #35, Unnamed Business, Ghazi D. Durghalli, 7270 Victoria Park Lane. D7. Approval to authorize the annual levy of assessment administration charges for the collection of assessments in the Alta Loma Channel District (84-2), the Sixth Street Industrial Park Refund District (82-1R) and the Rancho Cucamonga Drainage District (86-2). ITEM PULLED FOR DISCUSSION BY COUNCIIa4EMBER WRIGHT. (0401-03 ASS DIST) City Council Minutes June 19, 1991 Page 3 RESOLUTION NO. 91-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS D8. Approval to find The Developers Insurance Company, Surety for The Barmakian Company, Tract 13886 and Parcel Map 13394, in default of Performance Bond Nos. 983230-S and 983116-S and authorize the City Engineer to cause the street and storm drain improvements and appertain work covered by said bonds to be completed and authorize the City Attorney to take action against The Barmakian Company and Developers Insurance Company to recover all costs incurred by the City, including any damages resulting from the Developer's and/or Surety's failure to comply, in causing the improvements to be completed pursuant to the improvement agreement. (0703-01 LITIGATION) (0602-01 AGREE IMPR) D9. Approval to ordcr thc vacation of a portion of an allcy locatcd wcst of Malachitc AYcnuc and couth of Foothill Boulevard. ITEM MOVED TO ADVERTISED PUBLIC HEARINGS, ITEM NO. F4. REgOLUTION NO. 91 159 A RESOLUTION OF TME CITY COUNCIL OF TME CITY OF RANCMO CUC~{ONCA, CALIFORNIA, ORDERINC TO BE VACATED A PORTION OF AN ALLEY LOCATED WEgT OF MALACMITE AVENUE AND SOUTM OF FOOTMILL BOULEVARD DIO. Approval of Map and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 13707, located at the northeast corner of Eighth Street and Baker Avenue, submitted by Michael Investment Company. (1002-09 MAP) (0401-03 LNSCAPE MD) RESOLUTION NO. 91-160 (0401-03 ST LT MD) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 13707 RESOLUTION NO. 91-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 13707 Dll. Approval of Map and execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance. District Nos. 1 and 4 for Parcel Map 13825, located on the southeast corner of Base Line Road and Milliken Avenue, submitted by Lewis Development Company. (1002-09 MAP) (0602-01 AGREE IMPR) (3) (4) (5) City Council Minutes June 19, 1991 Page 4 (6) (7) (8) (9) (ii) (i2) RESOLUTION NO. 91-162 (0401-03 LNSCAPE MD) (0401-03 ST LT MD) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 13825, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 91-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL MAP 13825 D12. Approval to execute a Joint Use Agreement (CO 91-034) with Southern California Edison Company for relocation and installation of electrical transmission lines from a utility easement to a street easement on the east side of Rochester Avenue south of Foothill Boulevard. ITEM PULLED FOR DISCUSSION BY WILLIAM CURLEY, DEPUTY CITY ATTORNEY. (0602-01 AGREE JU) RESOLUTION NO. 91-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR RELOCATION OF UTILITIES AT ROCHESTER AVENUE AND FOOTHILL BOULEVARD D13. Approval to execute agreement (CO 91-035) with the Pennhill Company allowing construction of model home complex for Tentative Tract 14866 prior to recordation of final subdivision map. (0602-01 CONTRACT) D14. Approval to award and authorize execution of a contract (CO 91-036) for the Rancho Cucamonga Oral History Program, Phase I, to Mellon and Associates, for the Amount of $12,055.00, to be funded by the Rancho Cucamonga Community Foundation. (0511-01 AWARD) (0602-01 CONTRACT) D15. Approval of Library Enhancement Services Contract (CO 91-037) between the County of San Bernardino and the City of Rancho Cucamonga to provide $25,000.00 for additional library services at the Rancho Cucamonga Branch Library for Fiscal Year 1990/91. To be funded from Account No. 01-4532-6028. ITEM PULLED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. (0602-01 CONTRACT) D16. Approval of year two continuation of the Drug Abuse Resistance Education (DARE) program through the execution of a Memorandum of Understanding (CO 90-090) between Alta Loma, Central and Etiwanda School Districts, the Rancho Cucamonga Police Department, and the City of Rancho Cucamonga and the allocation of $44,552.00 to cover the City's portion of the program's budget. (0602-01 AMEN) City Council Minutes June 19, 1991 Page 5 D17. Approval to execute Improvement Agreement Extension for Tract 13279, located on the south side of Highland Avenue between Rochester Avenue and Milliken Avenue, submitted by The William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13279 D18. Approval to execute Improvement Agreement Extension for Tract 13280 Landscape, located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue, submitted by The William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13280 LANDSCAPE D19. Approval to execute Improvement Agreement Extension for Tract 13281 Landscape, located on the northwest corner of Base Line Road and Rochester Avenue, submitted by The William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281 LANDSCAPE D20. Approval to execute Improvement Agreement Extension for Tract 13359, located on the east side of Sapphire Street between Orchard Street and Jennet Street, submitted by H.K. Heim, Incorporated. (0602-01 AGREE EXTN) RESOLUTION NO. 91-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13359 D21. Approval to execute Improvement Agreement Extension for Tract 13565-5 thru -10 Streets and Tract 13565-5 thru -10 Landscape, located on the northeast corner of Summit Avenue and Wardman Bullock Road, submitted by Standard Pacific of Orange County. (0602-01 AGREE EXTN) is) i6) 17) City Council Minutes June 19, 1991 Page 6 (20) (22) RESOLUTION NO. 91-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13565 STREETS AND TRACT 13565 LANDSCAPE D22. Approval to execute Improvement Agreement Extension for DR 87-48, located on the south side of 9th Street between Hellman Avenue and Archibald Avenue, submitted by Sebastiano Filpi. (0602-01 AGREE EXTN) RESOLUTION NO. 91-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 87-48 D23. Approval to execute Improvement Agreement Extension for Parcel Map 10185 located on the southwest corner of Highland Avenue and Milliken Avenue, submitted by The William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10185 D24. Approval to accept Improvements, Release of Bonds and Notice of Completion for the Storm Drain and Rough Grading of Milliken Park located on the east side of Milliken Avenue between Church Street and Mountain View Drive. (0602-01 BOND REL) Release: Faithful Performance Bond (Street) COMPLT) $386,772.00 (0704-18 NOT RESOLUTION NO. 91-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE STORM DRAIN AND ROUGH GRADING OF MILLIKEN PARK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D25. Approval to release the Improvement Bonds for Tract 13442 Kenyon Park Project. (0602-01 BOND REL) Release: Faithful Performance Bond Labor and Material Bond $560,000.00 $280,000.00 D26. Approval to release Maintenance Guarantee Bond for Tract 12914, located on the northeast corner of Archibald Avenue and Highland Avenue. ITEM PULLED FOR DISCUSSION BY JACK farM, CITY MANAGER. (0602-01 BOND REL) City Council Minutes June 19, 1991 Page 7 the east side of Hermosa Avenue between 19th Street and Finch Avenue. P~/LLED FOR DISCUSSION BY JACK LAM, CITY MANAGER. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 32,600.00 D27. Approval to release Maintenance Guarantee Bond for Tract 12944, located on Terrace View Loop at Mt. San Antonio Street and Copper Pass Court. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 13,500.00 D28. Approval to release Maintenance Guarantee Bond for Tract 13342, located on ITEM Release Streets: Maintenance Guarantee Bond $ 47,600.00 Release Private Streets: Maintenance Guarantee Bond $ 17,600.00 D29. Approval to release Maintenance Guarantee Bond for Tract 13558, located on Sierra Crest View Loop at Mt. Gunnison Court and White Mountain Court. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 14,500.00 MOTION: Moved by Williams, seconded by Wright to approve the Consent Calendar with the exception of Items D7, D9, D12, D15, D26, and D28. Motion carried unanimously, 4-0-1 (Alexander absent). DISCUSSION OF ITEM NO. D7. Approval to authorize the annual levy of assessment administration charges for the collection of assessments in the Alta Loma Channel District (84-2), the Sixth Street Industrial Park Refund District (82-1R) and the Rancho Cucamonga Drainage District (86-2). Councilmember Wright stated she did not think this item was routine and felt it should be advertised. Jerry Fulwood, Deputy City Manager, stated this fee was an annual fee of $5.00 for assessment administration charges. He added there was no increase in this fee this year. RESOLUTION NO. 91-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS MOTION: Moved by Stout, seconded by Williams to approve Resolution No. 91-158. Motion carried unanimously, 4-0-1 (Alexander absent). (23) (24) (25) City Council Minutes June 19, 1991 Page 8 DISCUSSION OF ITEM NO. D12. Approval to execute a Joint Use Agreement (CO 91- 034) with Southern California Edison Company for relocation and installation of electrical transmission lines from a utility easement to a street easement on the east side of Rochester Avenue south of Foothill Boulevard. William Curley, Deputy City Attorney, stated there is a discrepancy in the agreement with Southern California Edison and asked that this be continued until the matter is resolved. Mayor Stout and Councilmember Buquet inquired if this would delay the installation of the signal. Joe O'Neil, City Engineer, stated no. RESOLUTION NO. 91-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR RELOCATION OF UTILITIES AT ROCHESTER AVENUE AND FOOTHILL BOULEVARD MOTION: Moved by Stout, seconded by Buquet to continue Item D12 to July 1, 1991. Motion carried unanimously, 4-0-1 (Alexander absent). DISCUSSION OF ITEM NO. D15. Approval of Library Enhancement Services Contract (CO 91-037) between the County of San Bernardino and the City of Rancho Cucamonga to provide $25,000.00 for additional library services at the Rancho Cucamonga Branch Library for Fiscal Year 1990/91. To be funded from Account No. 01-4532- 6028. Councilmember Williams asked if the City had a method to verify that the book budget in the amount of $20,000.00 has actually been augmented. Joe Schultz, Community Services Director, stated Barbara Anderson, County Librarian, supplies the City with verification on these types of matters. Councilmember Williams asked if this same paragraph would be included in the 1991/92 budget. Joe Schultz, Community Services Director, stated this would be continued each year as far as he knew, and stated he would provide further clarification in memo form to the Council. Councilmember Buquet stated he would like the memorandum to include information on per capita revenue generation as to if it was actually expended here in this area for the library program. MOTION: Moved by Williams, seconded by Wright to approve Item D15 with the clarification mentioned above. Motion carried unanimously, 4-0-1 (Alexander absent). City Council Minutes June 19, 1991 Page 9 DISCUSSION OF ITEM NO. D26. Approval to release Maintenance Guarantee Bond for Tract 12914, located on the northeast corner of Archibald Avenue and Highland Avenue. Release: Maintenance Guarantee Bond (Street) $ 32,600.00 DISCUSSION OF ITEM NO. D28. D(a) Approval to release Maintenance Guarantee Bond for Tract 13342, located on the east side of Hermosa Avenue between 19th Street and Finch Avenue. ITEM PULLED FOR DISCUSSION BY JACK LAM, CITY MANAGER. Release Streets: Maintenance Guarantee Bond $ 47,600.00 Release Private Streets: Maintenance Guarantee Bond $ 17,600.00 William Curley, Deputy City Attorney, stated the City received today an incomplete notice with a potential of a lien (stop notice) on these two bonds. He stated because of the lateness of receiving this information in order to further investigate it, it was recommended that the Council approve both releases conditioned upon and subject to approval of the City Attorney in case there are problems. MOTION: Moved by Wright, seconded by Buquet to approve Items D26 and D28 conditioned upon a final approval by the City Attorney prior to the actual release of the bonds. Motion carried unanimously, 4-0-1 (Alexander absent). E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF RECREATIONAL VEHICLE PARKING AND STORAGE - Review of current City regulations affecting storage and parking of Recreational Vehicles on private residential properties. Staff report presented by Otto Kroutil, Deputy City Planner. (1163-01PK & TRAF) (0304-00 RECREATION) Mayor Stout asked what the standards were prior to 1988 before the Ordinance was approved. Otto Kroutil, Deputy City Planner, stated even prior to 1988 you could not store recreational vehicles diagonally across the front yard or on the main part of the front yard, that it would have had to be a paved surface or permanent material that is easily maintained between the side property line and the driveway. He (26) City Council Minutes June 19, 1991 Page 10 stated the problem with this Ordinance was that it relied on maintenance criteria, and Code Enforcement received a lot of complaints by neighbors. He stated most of the complaints were marginal and staff could not pursue a legal case for that reason. Councilmember Williams asked for clarification as to what exactly "front yard" means. Otto Kroutil, Deputy City Planner, stated in relation to single family homes, front yard is the area between the front of the home and the public right-of-way along the street. He stated the setback area fluctuates according to the size of a person's lot. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Roland Brown, 9212 San Bernardino Road, stated he bought his house wanting to park his RV in the front yard because he could not get it in the back yard. He felt he should still be able to park his RV in the front yard. Willis Taylor, 13077 23rd Street, Etiwanda, asked if these regulations applied to a dirt road. Mayor Stout referred Mr. Taylor to Otto Kroutil, Deputy City Planner, to get his question answered. John Maxim, Jr., 8165 Cornwall, Etiwanda, stated he has lived in the City for 35 years and felt he should be able to park his boat in his front yard. Jack Mallory, 9582 Church, stated he bought his house thinking he could park his RV in front of his house. He stated he has made improvements, i.e., cement work in the front yard, in order to accommodate his RV. He pointed out that a survey was taken a year ago which proved that storage facilities are full, and asked where could people park their RV. Diane Garlick, 7968 Rosebud, stated she has lived in the City for 15 years. She felt people should be able to park their RV's in the front yard. She stated she could not afford to pay a storage fee to store her RV. Mike Perez, 13245 Victoria, felt new development should be required to have to provide RV storage with the City maintaining it. He felt an RV should be allowed to be parked in the front yard if the majority of the neighbors do not mind. Bob Zoldack, 6840 Hellman, stated he would like to keep his RV in his driveway because it is full of emergency supplies. City Council Minutes June 19, 1991 Page 11 Mr. Metzger, 10276 Ashford, asked if all self-maintained RV's were allowed to be parked in the front yard. Mayor Stout referred Mr. Metzger to Otto Kroutil, Deputy City Planner, to get his question answered. Elliott Hannah, 10300 Arrow Route, did not agree that residents could not park their RV's in the front yard and that they might have to pay to store them somewhere. David Long, 13021 Vista, Etiwanda resident for 27 years, felt RV's should be allowed to be parked in the front yard, and stated he has had an RV parked in his front yard for 27 years. Beverly Chodas, 9609 Almond, stated she attended the meetings with Ron Ziebarth and also commented on the poor treatment the residents received from staff and the Commissions at their meetings. She did not think she should have to pay a fee to store her boat away from her house and felt she should be able to park it in her front yard. Lyle Cribbs, 10302 Carrari, felt this matter should be put to a vote of the people. Mike Doveseye, 6869 Rovoto, stated his area does not allow RV's in the front yard per the CC&R's. He felt Rancho Cucamonga should check with other cities on this matter. He felt the City Council should go with what the majority of the people wanted. He did not think the City code should be modified. Joe Yancy, Ivy Street, stated he has lived in the community for many years. He stated no one would tell him to move his RV from his front yard. Mike Via, 6885 Cabrina, Victoria area, felt the residents should be able to keep their RV's in the front yard if their CC&R's allowed it. Dave Fletcher, 9448 Orange, stated he did not think there should be a blanket law for all trailers to be made secure from rolling. He also felt a person should know who is complaining about them. Ozzie Ketchner, 10015 Langston St., stated there are no homes in Rancho Cucamonga that have alleys off of the backyard, and asked how people would get their RV's behind the house. He felt there were too many other issues more important than to worry about RV parking. Ray Caswell, 7935 Gardenia, stated his principal vehicle is his RV and that this stipulation should be included as part of the ordinance. Ron Canfield, 9196 Malachite,.felt he should be able to have an RV in his front yard. He did not think they were unsafe, unhealthy or ugly and felt this matter should be put to a vote cf the people. City Council Minutes June 19, 1991 Page 12 John Dykes, 10968 Glenoaks since 1963, stated he did not think RV's should be taken away from the residents. Martin Walters, 6409 Klusman for 13 years, stated he did not think the trailers or boats were an eyesore to his neighborhood. He stated after taking a survey of his neighborhood, it proved his neighbors did not object to RV's being parked in the front yard. Jane Bradshaw, 6949 Valinda, felt this was a safety issue because RV's parked in the front yard can obstruct children's vision when playing in the front yard. Mike Perez, 13245 Victoria, felt churches and nonprofit organizations should be exempt. Dave Long felt the majority of the community really did not care. Bill Whit, 6875 Pecan, stated he felt people do care and should have the right to have their RV in their front yard. John Maxim, Jr., 8165 Cornwall, Etiwanda, stated again he did not think his boat should be taken away from his front yard. Ron Ziebarth, 9602 La Colina, stated he did not think the Public Safety Commission and the Planning Commission should give their opinions about the issue, but only deal with the facts. He did not think the sight line should be 20 feet. He felt people who were here before all the regulations were established on RV's should be allowed to have special permits to park their RV's in the front yard. He presented various photographs of RV vehicles parked in front yards. He asked that the people be allowed to leave their RV's parked where they want to park them. Dale Starbuck, 117 W. Alroot, Rialto, also of the Good Sam Organization, talked about an RV ordinance in San Antonio, Texas, and the affects it had on their retail business because of loss of revenue. Mayor Stout called a recess at 9:00 p.m. The Council reconvened at 9:15 p.m. with all Councilmembers present (Alexander absent). Bill Yancy, did not agree with the safety issues brought up. He also asked what would people do with their kids if they can't use their RV's in order to keep them off drugs and off the streets. Ozzie Ketchner, 10015 Langston, stated again he felt RV's should be allowed to be parked in the front yard. Mike Doveseye, Rovoto Court, felt after hearing all of the testimony, some kind of a compromise should be made to include all of the suggestions made. City Council Minutes June 19, 1991 Page 13 Ron Canfield, did not think the safety factor as far as obstructing the view would be a problem. He stated there have not been any accidents because of safety issues. There being no further response, the public hearing was closed. Councilmember Wright stated the quality of life issue was brought up and stated she agreed with that. She felt possibly that should be looked at in the Ordinance and addressed on a safety/maintenance issue as far as if an RV was stored in a location that was unsafe. She felt maintenance of an RV should be looked at. She felt that the pictures shown by Mr. Ziebarth were acceptable, but that it was those RV's that block a driveway or sidewalk that should be looked at. She did not think that RV's should be parked out of sight necessarily. Councilmember Williams stated she concurred with Councilmember Wright and felt it should be individualized more. She stated the safety issue is still important, and that she was not ready to do an all or nothing decision tonight. Councilmember Buquet stated some people do not think the way their RV is parked is wrong, but he felt there were cases that were. He felt this should be a joint effort by everyone to resolve this matter. He felt possible size limitations should be considered. He did not think this should go to a vote of the people, and felt it would fail on the ballot if it did. He stated he felt more information was needed. Mayor Stout stated he felt there were safety issues involved as far as backing out of a driveway with an RV parked in the driveway. He felt community values were important and that values are changing. He felt it was important to find out what the community wants. He stated he did not think an RV owner's neighbors would be honest and tell their neighbor if they opposed the parking of an RV in a driveway. He added he felt this should go to a vote of the people. Councilmember Wright stated she felt this was an issue the City Council could resolve, but felt a Subcommittee should be made to work on this issue and then come back to the City Council for refining the Ordinance. Mayor Stout stated he would like Councilmember Alexander's input. Councilmember Wright stated she would like to serve on the Subcommittee. Councilmember Williams asked that the residents submit their thoughts in writing on this matter and direct them to the City Council. ACTION: The Council concurred that Councilmembers Williams and Wright would serve on the RV Subcommittee. Councilmember Wright suggested that people representing both sides of the residents' viewpoints also work with she and Councilmember Williams. City Council Minutes June 19, 1991 Page 14 (27) ACTION: The Council concurred that this item would come back at the August 21, 1991 meeting for follow-up discussions. Mayor Stout called a recess at 9:55 p.m. The meeting reconvened at 10:15 p.m. with all Councilmembers present (Alexander absent). F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 91-03 - CITY OF RANCHO CUCAMONGA - A request to amend the Industrial Area Specific Plan to modify the Extensive Impact Commercial Use and to add the Indoor Wholesale/Retail Commercial Use and its related development criteria within the Specific Plan area. Staff recommends issuance of a Negative Declaration. Staff report presented by Anna-Lisa Hernandez, Assistant Planner. (0203-05 INDUS SP) Mayor Stout asked if what goes on at General Dynamics' parking lot on weekends would prohibit them from doing this because of this amendment. Brad Buller, City Planner, stated General Dynamics has never had a permit for this use. He stated this would prohibit the activities that go on there. He stated if they want to continue with these specific activities, they would have to go indoor or have what is called a special temporary use permit. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Rance Clouse, 10370 Commerce Center Drive, stated he was .there on behalf of an operator of this type of business, as well as a property owner in town to lease property to this type of business. He continued to inform the Council what was included in this plan amendment, and felt this was a unique concept. Councilmember Williams wanted tO make sure this would not be like the indoor swap meet at Indian Hill. Mr. Clouse stated provisions have been made to make sure that it is not by the requirements that have been created, including the management requirements. Mayor Stout wanted to make sure that sales tax and business license fees are controlled for this. Councilmember Wright expressed concerns for health standards in regards to the selling of food. Mr. Clouse stated there would be'full compliance. Councilmember Wright expressed concerns about the stacking of boxes. City Council Minutes June 19, 1991 Page 15 Mr. Clouse stated that would be controlled through Building and Safety. Councilmember Wright asked if there was one she could go see. Mr. Clouse felt Montclair Plaza would be a similar situation. Councilmember Wright asked if this could be stopped if it did not work. Mr. Clouse stated it could not be stopped immediately, but that if they did not comply with the Conditional Use Permit, the Council might impose the revocation process. The Council continued to ask various questions as to the construction of this. Councilmember williams asked if there would be control for the types of goods sold, and added this was a concern of hers. Brad Buller, City Planner, stated there could be requirements to go along with the Conditional Use Permit so that this would stay a family shopping place. Mayor Stout felt the good intentions of the tenants should be put in black and white. Mr. Clouse felt this could be included in the management plan of the Conditional Use Permit. Councilmember Buquet felt there should be a "shopping list" of what is a permitted use for the tenants. Councilmember Wright asked for clarification as to the location of these types of projects. Brad Buller, City Planner, continued to point this out on an overhead map. Councilmember Wright asked if it was a concern of the Planning Commission as to the number of people that would patrol inside. Brad Buller, City Planner, stated it was a concern of the Commission, and stated staff would be recommending that there be a minimum of four maintenance individuals during all operating hours, a minimum of four security personnel, as well as twenty-four hour surveillance on other days of the week, and six management (administrative staff) on the premises during operating hours, for a total of fourteen people. He felt with this as part of the Conditional Use Permit it would be self policing, so that the only time the City needed to get involved was when there were complaints. Councilmember Wright expressed her concerns about possible health and safety matters if the City was not there to police the premises. Brad Buller, City Planner, stated the Fire Department felt comfortable that by having routine inspections they could control these types of problems. City Council Minutes June 19, 1991 Page 16 Richard Martz, 8745 Luraline, commented on the General Dynamics parking lot swap meet stating it is held the second Saturday each month for approximately five hours through the General Dynamics HAM club, and stated he would hate to see it go away. He added this has been going on for approximately five years. Mayor Stout agreed that he would hate to see General Dynamics have to stop. Mike Perez, 13245 Victoria, stated he was concerned how this would affect the City's schools. He felt there should be training classes involved to mitigate the impact on the community colleges, i.e., operating cash registers, serving food, etc. He felt cash registers should be required of all vendors with spot audits made and paid for by the vendors. He felt the vendors should be required to give a list of their products and be approved. He suggested there be a log of police calls made. There being no further response, the public hearing was closed. Councilmember Buquet stated he liked Mr. Perez's comments on the security aspect. Councilmember Wright stated she liked the comments relative to consumer protection also. Mayor Stout suggested that the first Conditional Use Permit have an automatic review in six to twelve months to see if this type of use is working well, and if it is not, a modification could be made to the permit. Councilmember Wright stated some of the concerns expressed should be anticipated and included in the Conditional Use Permit. Councilmember Buquet stated he liked Mayor Stout's suggestion of the automatic review. Councilmember Wright stated she would like the consumer issues relative to cash register monitoring and ability to audit also. Brad Buller, City Planner, stated these concerns would be passed on in writing to the Planning Commission before the first application for a Conditional Use Permit comes before them. Councilmember Buquet felt the enforceability issue should also be looked at. Mayor Stout stated it was not his intention to prohibit the outdoor swap meet situation such as that at General Dynamics. He felt this issue should be addressed separately. Brad Buller, City Planner, stated the Council could delete that portion of the amendment that prohibits outdoor swap meets, which could be taken as a separate action. City Council Minutes June 19, 1991 Page 17 Mayor Stout stated the General Dynamics situation has not had any complaints in five years. He felt there should be some limitations, but this particular situation should not be prohibited. Brad Buller, City Planner, reiterated the Temporary Use Permit does allow that type of outdoor promotional sale, but not on a monthly basis, and stated there is no exception to the code at this time. He added if the Council wanted it separate, i.e., the code modified and amended to allow some provision such as this, that would open the door to allow provisions for other outdoor swap meet situations. He suggested the Council drop the outdoor portion of the amendment which prohibits this. Mayor Stout stated he would like further consideration of this issue, and would like that dealt with separately from the proposed amendment before the Council tonight. Debra J. Adams, City Clerk, read the title of Ordinance No. 448. ORDINANCE NO. 448 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 91-03, ESTABLISHING REGULATIONS FOR THE INDOOR WHOLESALE/RETAIL COMMERCIAL USE, MODIFYING THE DEFINITION OF EXTENSIVE IMPACT COMMERCIAL USE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wright to waive full reading, set second reading for July 3, 1991, and delete the portion that deals with the total prohibition of outdoor swap meets. Motion carried unanimously, 4-0-1 (Alexander absent). F3. CONSIDERATION OF ANNUAL REFUSE RATES Staff report presented by Diane O'Neal, Management Analyst II. (1170-04 REFUSE) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 91-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RATES FOR RESIDENTIAL AND COMMERCIAL/INDUSTRIAL REFUSE COLLECTING WITHIN THE CITY OF RANCHO CUCAMONGA' MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 91-173. Motion carried unanimously, 4-0-1 (Alexander absent). (28) City Council Minutes June 19, 1991 Page 18 (29) (3o) F4. CONSIDERATION TO ORDER THE VACATION OF A PORTION OF AN ALLEY LOCATED WEST OF MALACHITE AVENUE AND SOUTH OF FOOTHILL BOULEVARD Staff report presented by Dan James, Sr. Civil Engineer. (1110-18 VACATE ALL) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 91-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF AN ALLEY LOCATED WEST OF MALACHITE AVENUE AND SOUTH OF FOOTHILL BOULEVARD MOTION: Moved by Wright, seconded by Buquet to Resolution No. 91-159. Motion carried unanimously, 4-0-1 (Alexander absent). No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO ACCEPT IMPROVEMENTS FOR STORMDRAIN ONLY, RELEASE OF BONDS AND NOTICE OF COMPLETION. THE STORM DRAIN WAS BUILT IN CONJUNCTION WITH TRACT 10210 - ALMOND INTERCEPT CHANNEL, LOCATED ON THE NORTHWEST CORNER OF ALMOND STREET AND SAPPHIRE STREET Staff report presented by Joe O'Neil, City Engineer. (0602-01 BOND REL) (0704-18 NOT COMPLT) Mayor Stout asked why they are releasing the Faithful Performance Bond for the streets when it indicates storm drain in the title. Joe O'Neil, City Engineer, stated it indicates street, but it really is the storm drain only, and that all of the other bonds are still in place for that tract. Release: Faithful Performance Bond (Street) $587,400.00 Accept: Maintenance Guarantee Bond (Street) $ 58,740.00 RESOLUTION NO. 91-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE STORM DRAIN IMPROVEMENTS FOR THE ALMOND INTERCEPT CHANNEL AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Wright, seconded by Williams to approve Resolution No. 91-154. Motion carried unanimously, 4-0-1 (Alexander absent). City Council Minutes June 19, 1991 Page 19 H2. CONSIDERATION OF APPROVING FUNDING AVAILABLE FROM SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) Staff report presented by Jim Hart, Administrative Services Director. (1403-00 ENVIRON) Mayor Stout asked who will be recommending to the Council how these funds will be spent, and asked if the Environmental Management Commission would be doing this. Jim Hart, Administrative Services Director, stated it would be done through staff, or the Environmental Management Commission as another alternative. Debra J. Adams, City Clerk, read the title of Ordinance No. 449. ORDINANCE NO. 449 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM MOTION: Moved by Wright, seconded by Buquet to waive full reading and set second reading of Ordinance No. 449 for July 3, 1991. Motion carried unanimously, 4-0-1 (Alexander absent ) . I. COUNCIL BUSINESS No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes June 19,. 1991 Page 20 L. ADJOURNMENT The Council recessed at 11:15 p.m. for an Executive Session per G.C. 54956 regarding pending litigation with Tecon Pacific vs. Berry Construction, Case No. RCV 053547, and also to discuss personnel matters. The Council reconvened at 12:14 a.m. to announce approval of a Settlement Agreement with Berry Construction and adjourned at 12:16 a.m. to July 1, 1991, 5:30 p.m. for the budget adoption. Respectfully submitted, City Clerk Approved: July 17, 1991