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HomeMy WebLinkAbout1991/01/16 - Minutes January 16, 1991 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council met on Wednesday, January 16, 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 7:14 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II; Diane Williams, Pamela J. Wright (arrived 7:33 p.m.), and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Steve Hayes, Associate Planner; Paul Rougeau, Traffic Engineer; Robert Zetterberg, Public Works Maintenance Manager; Dan James, Sr. Civil Engineer; Jerry Grant, Building Official; Jim Martin, Plan Check Coordinator; Carlos Silva, Rehabilitation Specialist; Joe Schultz, Community Services Director; Jim Hart, Administrative Services Director; Susan Neely, Finance Officer; Duane Baker, Assistant to the City Manager; Susan Mickey, Management Analyst I; Patty Riffel, Executive Assistant; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Chief Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation to the CHOICES Program and Participants for Their Community Service Efforts. Mayor Stout commended Lou Shaup, Rudy Vuittonet, and Ruben Gonzales for their involvement in the CHOICES program. Lou Shaup explained the CHOICES program. Mayor Stout presented Proclamations to Rancho Cucamonga Middle School, Cucamonga Elementary School and Los Amigos Elementary School for their participation in the program and recognized those students who graduated from the program. City Council Minutes January 16, 1991 Page 2 B2. Presentation to the Etiwanda High School Football Team for their accomplishment in winning the 1990 C.I.F. Division V Championship Title. Mayor Stout congratulated Coach Tisdell, and team members Terry Carver and John Latu for their victory. Coach Tisdell thanked the people of Rancho Cucamonga for their support and added they were glad to be representing the City of Rancho Cucamonga. B3. Presentation of Proclamation to Clyde Boyd for his Service as Chairman on the Public Safety Commission. Mr. Boyd was not present for the presentation. B4. Jack Lam, City Manager, stated there would be an Executive Session to discuss pending litigation with Warner Communications, which would be held at the conclusion of the City Council meeting. , , , , , C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. · , , , , D. CONSENT CALENDAR D1. Approval of Minutes: October 24, 1990 December 19, 1990. D2. Approval of Warrants, Register Nos. 1/2/91 and 1/9/91; and Payroll ending 1/3/91 for the total amount of $1,042,271.87. D3. Approval to receive and file current Investment Schedule as of December 31, 1990. D4. Alcoholic Beverage Application for Off Sale Beer & Wine for Neighborhood Market, Ghassan Wanis, 8880 Archibald Avenue, Suite A. D5. Alcoholic Beverage Application for On Sale General Eating Place 1990 Priority #6 for ZendeJas Mexican Restaurant, Maria D. Chavez, Rafael Chavez, Brenda A. ZendeJas, Jose L. Zendejas, Maria and Raul Zendejas, Martin Zendejas, and Ninfa ZendeJas, 7945 Vineyard Avenue, #D-7. D6. Approval to order the Annexation to Landscape Maintenance District No. 3 for DR 88-36, located on the south side of Arrow Route and west of Milliken Avenue, submitted by O'Donnell, Armstrong, Brigham and Partners. (0702-02 ANNEXATION) (0401-03 LNSCAPE MD) City Council Minutes January 16, 1991 Page 3 RESOLUTION NO. 91-013 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 FOR DR 88- 36 D7. Approval to accept a Real Property Improvement Contract and Lien Agreement from Laszlo and Erzsebeth Vass for a single family residence, located at 6809 Hellman Avenue. (0602-01 AGREE I/L) (2) RESOLUTION NO. 91-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LASZLOAND ERZSEBETH VASSAND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D8. Approval to execute an Agreement (CO 91-002) with the San Bernardino County Flood Control District for Day Creek Phase 3B improvements from Base Line Road to 1-15, just south of Arrow Route, and completion of other related Day Creek facilfties, to be funded by San Bernardino County Flood Control District with the remaining $6.4 million from the Bureau of Reclamation loan funds and City Redevelopment Agency Regional Facilities Fund 11 not to exceed $3.0 million. (0602-01 CONTRACT) (3) D9. Approval to execute Cooperative Agreement No. 8-719 (CO 91-003) with (4) Caltrans for the improvement of 19th Street from Carnelian Street to Amethyst Street. A refundable deposit of $30,000.00 will be required, to be funded from Capital Improvement~ Account No. 22-4637-8745. (0602-01 AGREE COOP) RESOLUTION NO. 91-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT NO. 8- 719 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENT OF 19TH STREET FROM CARNELIAN STREET TO AMETHYST STREET AND AUTHORIZING THE SIGNING THEREOF BY THE MAYOR D10. Approval to execute Improvement Agreement Extension for Tract 13851 located on the northeast corner of Wilson Avenue and Canistel Avenue submitted by Pacific International Development. (0602-01 AGREE EXTN) RESOLUTION NO. 91-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13851 City Council Minutes' January 16, 1991 Page 4 (6) (7) (8) (9) (io) Dll. Approval to accept Improvements, Release of Bonds and Notice of Completion for DR 87-19 and DR 87-20, located on the northeast corner of 6th Street and Hermosa Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release DR 87-19: Faithful Performance Bond (Street) $352,000.00 Release DR 87-20: Faithful Performance Bond (Street) $ 6,600.00 RESOLUTION NO. 91-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-19 AND DR 87-20 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D12. Approval to accept Improvements, Release of Maintenance Guarantee Bond for Tract 13027 located on the southwest corner of Etiwanda Avenue and Highland Avenue. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 93,200.00 D13. Approval to accept Improvements, Release of Maintenance Guarantee Bond for Tract 13052 located on the north side of Base Line Road between Etiwanda Avenue and Victoria Park Lane. (0602-01 BOND REL) Release Maintenance Guarantee Bonds for: Base Line Improvements Off-Site On-Site $ 9,500.00 $ 19,200.00 $101,200.00 D14. Approval to accept Improvements, Release of Maintenance Guarantee Bond for Tract 13475 located on the northeast corner of Ramona Avenue and Church Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 47,000.00 DiS. Approval to open escrow with Gwo-Chau-Liao, et. al., for right-of-way acquisition at Foothill and Rochester (APN 227-021-31 and 32). THIS ITEM WAS ADDENDUM NO. 1 TO THE CONSENT C~T-wWDAR. (1002-03 ESCROW) MOTION: Moved by Alexander, seconded by Buquet to approve the Consent Calendar including Addendum No. 1. Motion carried unanimously, 4-0-1 (Wright absent). , , , , , CONSENT ORDINANCES No Items Submitted. City Council Minutes January 16, 1991 Page 5 F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION TO AMEND SECTION 8.17.280 OF CHAPTER 8.17 AND SECTION 8.19.280 OF CHAPTER 8.19, BOTH OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, ADDING PROVISIONS REOUIRING PAYMENT FOR REFUSE COLLECTION SERVICES Staff report presented by Jerry B. Fulwood, Deputy City Manager. (1170-04 REFUSE) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 438. ORDINANCE NO. 438 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AMENDING SECTION 8.17.280 OF CHAPTER 8.17 AND SECTION 9.19.280 OF CHAPTER 8.19, BOTH OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, ADDING PROVISIONS REQUIRING PAYMENT FOR REFUSE COLLECTION SERVICES MOTION: Moved by Willjams, seconded by Alexander to waive full reading and set second reading for February 6, 1991. Motion carried unanimously, 4-0-1 (Wright absent). , , , , · F2. CONSIDERATION OF AN APPEAL OF VESTING TENTATIVE TRACT 14630 - LINCOLN (12) PROPERTY COMPANY - An appeal of the Planning Commission's decision denying the residential subdivision and design review of 328 condominium units on 20.15 acres of land in the Medium (8-14 dwelling units per acre) and Medium-High (14- 24 dwelling units per acre) Residential districts in the Victoria Planned Community, located on the northeast corner of Base Line Road and Milliken Avenue - APN 227-691-01. (0701-06 APPEAL) Mayor Stout suggested this item be delayed until Councilmember Wright arrived. council concurred. Item H1 was considered at this time but the minutes will remain in agenda order. See regular order of agenda for discussion. As Councilmember Wright arrived during the consideration of Item H1, Item F2 was considered immediately following that item. Staff report presented by Steve Hayes, Associate Planner. City Council Minutes January 16, 1991 Page 6 James Markman, City Attorney, stated a court reporter was present which had been arranged by Lincoln Properties. He identified the following items which would be labeled as "exhibits" for this item: 1) Staff report, pages 42 - 103 of the agenda packet. 2) Memo from Jan Sutton, Deputy City Clerk, dated January 15, 1991 regarding a telephone call she had received from Mr. Sanchez who opposed this project. Mayor Stout stated the City Council was in receipt of a letter dated 1/16/91 from Carol A. Douglas, 11463 Genova, which would be made a part of the record. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Scot Sellers, Lincoln Properties, 12626 High Bluff, San Diego, stated they started planning this project approximately fourteen months ago. He continued informing the Council about the history of planning the project and what the project included. He advised of the neighborhood meetings that took place. He stated there are sixteen units per acre, and that the total number of units has been reduced from 376 to 328. He informed the Council of the amenities included in the project. He mentioned the fencing, card key system, and storage area. He added they would be willing to include fireplaces if necessary. He informed the Council of other projects they have built in the County. Me stated they have tried to make this project acceptable to everyone. He mentioned he knew the Planning Commission had problems with the architecture, and stated they have tried to change things in order to make the City happy. He added he challenged the comments in the staff report about the number of amenities the project has. He also felt the common open space was adequate. He stated another issue raised in the staff report was the encouragement of mid-block crossing by virtue of having an ingress-egress point on Milliken. He felt with the amount of frontage on Milliken that they needed to have a point of ingress and egress on that street. Mr. Sellers also felt the density transition was excellent. He stated again he felt the architecture was good. He stated that after reading the Victoria Community Plan, he felt the project was consistent with it. He mentioned the fact there were multi-family homes included. Mr. Sellers referred to the renderings behind the City Council and stated he would also like to present a slide show to them, which he proceeded to do. James Markman, City Attorney, stated the slides and renderings should be made a part of the record. Mayor Stout clarified that slides i - 11 would be labeled as an "exhibit", that slide 12 would be returned to Lincoln Properties because it appeared to be a duplicate of slide 1. Councilmember Willjams questioned the density being increased on the north side and reduced on the south side. City Council Minutes January 16, 1991 Page 7 Scot Sellers, Lincoln Properties, explained they are trying to keep the density lower on the south so there are not any three-story units there, which made a slightly higher density on the north. Councilmember Willjams asked if there were only 8- and 12-plexes. Scot Sellers, Lincoln Properties, stated that was correct, that there were no 4- and 6-unit buildings. Scot Sellers, Lincoln Properties, stated he would like for their legal counsel to make some comments. Gerald Walsh, Cox, Castle, Nicholson, an attorney representing the developer, stated he felt the developer has tried to do what the City wanted them to do, and that they have complied with the density provisions of the General Plan and the Victoria Community Plan. He added they have also met all the requirements of the Housing Element. He stated in the staff report there was a suggestion of a policy requiring single family detached in the mid-density zones, and mentioned that after reviewing the housing element for that, he did not find that in the policy. He felt the only issue the developer has not resolved was the fact that this is a rental project, but did not think there was any law stating this could not be a rental project. He concluded by stating he did not see any reason why this project should not be approved as submitted. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Patrick Dutton, 11405 Genova, wanted to submit to the City Council a petition with 235 signatures, for a total of 21 pages submitted, which had also been presented to the Planning Commission. Debra J. Adams, City Clerk, read the text of the petition which is as follows: "PETITION OF OPPOSITION To planned apartment complex built to condominium standards. , , , , , 1) I/we are residents of Rancho Cucamonga and live in the area of Baseline and Milliken Avenues. I/we are the legal owners of the undersigned address. 2) I/we are opposed to the proposed plan by Lincoln Developers of San Diego, CA for 356 apartments on the Northeast corner of Milliken and Baseline Avenues." It was noted that there were 21 pages of petitions. City Council Minutes January 16, 1991 Page 8 Patrick Dutton felt the Planning Commission's decision should be upheld by the City Council. He stated the residents had made suggestions to the Planning Commission about this project; and after the Planning Commission took a long, hard look at it, they agreed with the residents to deny the project. He again asked the City Council to uphold the Planning Commission's decision. Joseph Sudia, 11376 Napoli Drive, stated Lincoln Properties has stressed the quality of the architecture for this project, but that they have not addressed the residents' concerns, i.e., crime, impacts on schools, etc. He felt the residents in the area have been misled about what this project would be like and asked that the City Council reject this appeal. Jackie Bolda, 11849 Mt. Gunnison, stated there is already a shortage of schools and this would add to the problem. Lewis Trout, 7861 Leucite, felt Lincoln Properties has attempted to make changes and does not know what else needs to be done, and felt the City Council should let them know. Mayor Stout provided the opportunity for the appellant to give a rebuttal argument. Gerald Walsh, legal counsel for Lincoln Properties, stated the petition was done with the misconception that there were 356 units and that now there are 328 units on the project. He added this is not a low-income project, that it is a middle-income project. He continued to outline the rental rates for a 1, 2, and 3 bedroom unit. He stated this project is targeted to be a good place for people to live. Mayor Stout stated that these units have been advertised as luxury units and referred to Mr. Sellers for clarification. Scot Sellers, Lincoln Properties, stated luxury units would include washer/dryers, microwave, vaulted ceilings, etc. Scot Sellers, Lincoln Properties, commented on the school issue, that he has talked to the William Lyon Company, which stated there is progress being made to build more schools. There being no further response, the public hearing was closed. James Markman, City Attorney, stated the issue tonight is not whether the Council favors a rental community. He also stated the provision of schools is not something to consider for approving or disapproving this project. He stated he felt the Council has discretion for this project and stated what the Planning Commission's concerns with this project were. He stated the Council does not have to agree with what the Planning Commission felt, but that there were City Council Minutes January 16, 1991 Page 9 adequate items for the Council to exercise discretion on and either approve or disapprove the project. He stated what the Council should consider is whether this project is sufficiently compatible with what is around it in order to conform with the General Plan and the Victoria Community Plan. Councilmember Buquet inquired if this project had been approved by Design Review. James Markman, City Attorney, explained that Design Review is only a committee that makes recommendations to the entire Planning Commission and that the entire Planning Commission does not have to accept the Design Review committee's recommendation. Councilmember Alexander asked if this project were denied tonight, could this go to litigation and be a less desirable project in the end. James Markman, City Attorney, felt the Council should make their decision on what was submitted tonight. Councilmember Wright stated in the beginning of the City's incorporation, they used to get threats from developers if their projects were not approved, and she felt the City should not listen to any threats now. She added that just because Design Review approved a project does not mean the entire Planning Commission necessarily would, and stated she would appeal it because she did not feel it was consistent with the City's General Plan. She stated she felt there is a land use conflict. She felt there were severe architectural site plan issues that needed to be resolved. She continued by stating she felt the findings of the Planning Commission were excellent and felt the City Council should deny the appeal. Mayor Stout stated he agreed with Councilmember Wright. He continued to give background information about the Victoria Community Plan. He felt the density issue was very important. He felt if this project were to be built, it should be built to the Victoria Community Plan. He stated he is not necessarily offended by a three-story building depending on its location. He stated he felt Councilmember Buquet was right on target when he stated the Design Review process was an advisory process which helped to make the entire process more simple. He stated it is his understanding that the City Council does not have to even consider what the Planning Commission did in order to make their decision. Councilmember Williams stated she agreed with Councilmember Wright as far as the density issue. She stated she agreed with a three-story building, but that a two-story building should be up against Milliken or Base Line with the three- story units in the middle and not up against other residents. She felt these things needed to be addressed before the project was approved. City Council Minutes January 16, 1991 Page 10 Councilmember Alexander stated he does not agree that the Design Review committee should guide someone in the wrong direction. He felt if this was the case, it should be changed. He stated he does not approve the project as submitted because there needs to be some changes made. He stated he would like to see a continuance of some kind to salvage the project. Councilmember Buquet stated he also felt there can be mixed signals in the Design Review process, but that the final decision for a project is made by the entire Planning Commission. He stated just because the acreage was there did not mean it should be filled up with units. He did not feel the issue was rental versus ownership. He felt the developer should modify the project to meet the City's specifications. He did not feel what was proposed was the best use of the site. He stated he resented the fact that there was a court reporter being used by the appellant. Brad Buller, City Planner, stated that Design Review did not recommend approval as submitted. He stated they recommended approval of the project with recommendations, and that a variety of Commissioners had seen the project over the course of time. Mayor Stout stated that the City Council can: 1) overrule the Planning Commission and approve the project as submitted. 2) uphold the Planning Commission, denying the appeal whereby the project would be considered dead, with a one year time consideration before the project could be resubmitted. 3) asked if there could be a denial without prejudice allowing the developer to resubmit. James Markman, City Attorney, stated they have always taken the position that the Council can make clear that if they deny the project without prejudice, the developer can resubmit. James Markman, City Attorney, stated that Mr. Walsh might want to comment on this. Gerald Walsh, legal counsel for Lincoln Properties, stated they would be in concurrence with continuing this for several weeks to work up something that the City Council would approve. James Markman, City Attorney, stated if this is a re-do, this should go back to the Planning Commission, but that the Mayor should re-open the public hearing and continue it. He suggested that if there is a continuance, that staff and the Planning Commission work on modifications and perhaps be reset for consideration by the Planning Commission rather than having the Council look at a different project. City Council Minutes January 16, 1991 Page 11 Councilmember Wright asked if by upholding the Planning Commission's decision without prejudice, would it allow the developer to re-design and still go back through the Planning Commission. Brad Buller, City Planner, stated if a project goes through substantial change, it would have to go back through the Planning Commission, to re-advertise it and go through the public hearing process. Councilmember Wright asked if either side was in any jeopardy if it is tabled rather than if it is denied without prejudice. James Markman, City Attorney, stated since there was the offer to continue, and if they make a final decision, the developer would be forced with a decision to go back and re-design or litigate. He stated they have always suggested in the past rather than acting to deny, what they might see is some agreement reached at least at the staff level, and the appeal withdrawn and they would go with their modified project. He stated the Council may never see it again if it is approved by the Planning Commission. Councilmember Wright stated Lincoln Properties was present when the multi-family issue was previously discussed and that they have had adequate time to take this Council seriously about what it is the City wants on that corner. She felt changes could have been made. She felt the Council should deny without prejudice and stated this was a compromise on her part, but would go along with denying it without prejudice since they seem so willing to work on a re-design. Mayor Stout stated he agreed with what Councilmember Wright is saying but clarified that without prejudice means that it can be reconsidered within the statutory time and felt a proviso should be considered. He felt they should not repay fees again on the filing process. He felt it should be denied without prejudice. Councilmember Buquet stated he felt the City is bending over backwards with the developer in trying to assist them. He stated he hopes they are serious in making some definite changes. RESOLUTION NO. 91-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VESTING TENTATIVE TRACTMAP NO. 14630 FOR THE DEVELOPMENT OF 328 CONDOMINIUM UNITS ON 20.15 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE) AND MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE), WITHIN THE VICTORIA PLANNED COMMUNITY, LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN 227-691-01 City Council Minutes January 16, 1991 Page 12 RESOLUTION NO. 91-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE DESIGN REVIEW FOR VESTING TENTATIVE TRACT NO. 14630, THE DEVELOPMENT OF 328 CONDOMINIUM UNITS ON 20.15 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE) AND MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE), WITHIN THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 227-691-01 MOTION: Moved by Buquet, seconded by Wright approve Resolution Nos. 91-018 and 91-019 as submitted with the understanding it is without prejudice to refile at any time and without paying fees again. Motion carried unanimously, 5-0. , , , , , Mayor Stout called a recess at 9:17 p.m. The meeting reconvened at 9:37 p.m. with all members of Council present. , , , , , O. PUBLIC HEARINGS No Items Submitted. , , , , , H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION OF A PETITION SUBMITTED BY MR. VERNWOODRING, 8242 BELLA VISTA STREET, FOR THERECONSIDERATION OF ALMOND STREET WIDTH/STANDARDS Staff report presented by Paul Rougeau, Traffic Engineer. (1110-10 STREET PI) Councilmember Wright arrived at 7:33 p.m. ****** Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Stout asked if Mr. Woodring had been notified of this meeting. Rick Gomez, Community Development Director, stated he personally called Mr. Woodring about the item being heard at tonight's meeting and stated he was also given a copy of the staff report. Councilmember Buquet asked if Mr. Woodring had commented on the staff report he had received. City Council Minutes January 16, 1991 Page 13 Rick Gomez, Community Development Director, stated Mr. Woodring had advised him he was in support of the Planning Commission's recommendation. MOTION: Moved by Buquet, seconded by Stout to approve Option 2 as recommended by the Planning Commission. Motion carried unanimously, 5-0. H2. CONSIDERATION OF PROPOSED SAN BERNARDINO COUNTY OPEN SPACE DISTRICT (14) PARTICIPATION Staff report presented by Joe Schultz, Community Services Director, who added that the Resolution before the Council had not been made a part of their packets, but needs to be approved before going to the County on February 4, 1991. He stated the Council Subcommittee for this issue has reviewed the Resolution and is in concurrence with it. (1404-06 PK DEVEL) Mayor Stout opened the meeting for public input. Addressing the City Council were: Lewis Trout, 7861 Leucite, stated the Sierra Club appreciated Councilmember Buquet and Wright's work on this. He added he concurred with it going to a vote of the people for the tax increase. He felt the City Council should support the Resolution, and even look further beyond the City limits to see what might be going on. Billy Schwartz, Sierra Club, presented calendars to the City Council. She felt open space, trails and parks should be preserved. She felt wildlife should also be preserved. Louise French, Member of Citizens Advisory Commission to the San Bernardino County Parks and Friends of Guasti-Cucamonga Regional Park, felt this would provide income to both the City and the County. She felt the citizens would benefit from this project because of the fact they do use County parks. She felt the City should participate in the Open Space District proposed so that the citizens of Rancho Cucamonga would have the opportunity to vote on this. Catherine Bridge, 8715 Banyan, stated she supported this important measure. She felt this would be supported by the people in our community, and other cities that have the opportunity to vote for this. She felt the City Council should approve this. There being no further response, the public input session was closed. Councilmember Buquet stated the beauty of this is for the voters to be able to make the decision. Councilmember Wright stated she was probably the most skeptical about this, but that now all of her questions have been answered. She felt it should now be put to a vote of the people and stated she supported it. City Council Minutes January 16, 1991 Page 14 (is) Councilmember Williams asked if our City votes no and other cities approve it, what would happen. Councilmember Buquet stated if the vote does not get approved by Rancho Cucamonga, the City could go through LAFCO asking to not to be a part of this. Mayor Stout stated he has the same concern as Councilmember Williams, and felt that something should be added to the resolution to state that. James Markman, City Attorney, suggested adding "Now, Therefore, the City Council of the City of Rancho Cucamonga does hereby resolve to request to be included in the proposed San Bernardino County Regional Parks and Open Space District provided that should Rancho Cucamonga voters disapprove the establishment of the proposed district, this Council shall immediately commence de-annexing Rancho Cucamonga from the District. RESOLUTION NO. 91-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING TO BE INCLUDED IN THE CREATION OF A PROPOSED SAN.BERNARDINO COUNTY REGIONAL PARKS AND OPEN SPACE DISTRICT MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 91- 022 as amended. Motion carried unanimously, 5-0. H3. CONSIDERATION OF AB 2296 GUIDELINES FOR SITING MATERIAL RECOVERY FACILITIES Staff report presented by Jerry Fulwood, Deputy City Manager. (1170- 09 WASTE SOL) MOTION: Moved by Buquet, seconded by Alexander to approve Option Number 1. Motion carried unanimously, 5-0. H4. CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED JOINT POWERS AGREEMENT (CO 90-039) TO ADD THE CITY OF CHINO TO THE WEST END COMMUNICATIONS FINANCING AUTHORITY (0602-01 CONTRACT) RESOLUTION NO. 91-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF;tNAMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE WEST END COMMUNICATIONS FINANCING AUTHORITY MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 91-020. Motion carried unanimously, 5-0. City Council Minutes January 16, 1991 Page 15 H5. CONSIDERATION OF A RESOLUTION AUTHORIZING THE LEASE OF CAPITAL EQUIPMENT FROM THE WEST END COMMUNICATIONS FINANCING AUTHORITY, THE SUBLEASE OF CAPITAL EQUIPMENT TO THE RANCHO CUCAMONGA FIRE DISTRICT AND THE SALE OF BONDS BY THE AUTHORITY WITH THE CITY'S PORTION NOT TO EXCEED $2,010,000.00 (0602-01 AGREE LEAS) (0405-02 BOND/SALE) RESOLUTION NO. 91-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEASING OF CERTAIN CAPITAL EQUIPMENT FROM THE WEST END COMMUNICATIONS FINANCING AUTHORITY, AUTHORIZING AND DIRECTING EXECUTION OF A LEASE AGREEMENT AND A SUBLEASE, APPROVING SALE OF 'BONDS AND AN OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTIONS MOTION: Moved by Wright, seconded by Alexander to approve Resolution No. 91- 021. Motion carried unanimously, 5-0. , , , , , H6. CONSIDERATION TO SELECT A DELEGATE FOR SAN BERNARDINO COUNTY-WIDE GANGS AND DRUG TASK FORCE Staff report presented by Jack Lam, City Manager. (0701-01 SUBCOMMITTEE) (0704-07 VANDALISM) Councilmembers Wright and Williams stated they would like to be the delegates. ACTION: Council concurred that Wright and Williams would serve as delegates. , , , , , I. COUNCIL BUSINESS (17) (18) Mayor Stout suggested since there were just six candidates to interview, that would be acceptable to him, but that for the future he suggested the Subcommittee screen the applicants first. Councilmember Buquet stated the interviews should take approximately fifteen minutes for each person, but that because of the importance of this, he and Councilmember Wright felt everyone should be involved in this process and should continue with this same policy for the future. Councilmember Wright stated the Subcommittee interviewed the candidates for the Planning Commission and felt the entire City Council should be involved in the interview process. She stated that was their recommendation. I1. CONSIDERATION OF RECOMMENDED COMMISSION APPOINTMENTS FOR THE PLANNING (19) COMMISSION (ORAL REPORT) (0701-01 APOINT PC) City Council Minutes January 16, 1991 Page 16 (20) Jack Lam, City Manager, suggested the Council bring their calendars to the January 23, 1991 joint meeting and decide on an interview date that evening. Councilmember Buquet suggested a date be selected in Executive Session. I2. REPORT ON FIREPLACE ISSUE ON KERNWOOD COURT Staff report presented by Jerry Grant, Building Official. (0807-01 CODE BLDG) The City Council asked a variety of questions of Mr. Grant relating to the fireplace diagram he displayed, and also the inspection process for fireplaces and other construction questions. Councilmember Wright asked if the entire house would be inspected to assure safety. Jerry Grant, Building Official, stated he felt the City has gone as far as they can already without removing walls, etc.- Councilmember Wright asked if something could be put in The GraPevine about the problems that existed in the Flores' home. Councilmember Buquet suggested that instead the Building and Safety Division could identify those tracts that have similar situations to this one and inspect the homes for any problems. Jerry Grant, Building Official, suggested they do a spot check of those homes that are in this category, contact the owners and perform the inspection and also let them know of any potential problem. Councilmember Buquet felt a time frame should be given with a report back to the City Council. Rick Gomez, Community Development. Director, stated they could develop the program to be used and bring it back to the City Council for the next meeting as to how they will approach this and the time frame involved. Mayor Stout opened the meeting for public comment. Addressing the City Council were: Debra Flores, stated Jerry Grant had indicated things were missed during the inspection process. She stated the floor vents were not caught at inspection time or even during the second inspection of their home. She felt the inspectors did not have the plans when they went out on inspections at her home. She stated Mr. Sullivan has been out, but does not want to sign off on the house, or even advise how it should be done. She added her insurance company will take care of fixing the repairs for the fireplace, but she did not know when the other missing items would be City Council Minutes January 16, 1991 Page 17 completed. She felt they needed to sit down with the builder and Building and Safety soon to get these things resolved. She stated if the developer does not repair the problems, she will be looking to the City to take care of them. Mrs. Flores felt the Building and Safety Division needed to be checked out and even certain individual inspectors investigated. She stressed they are asking for help from the City. Mickey Kazeroni, 10160 Kernwood, stated his air conditioning was not connected properly and that his gas pipe was not connected to the heater. He also stated the drywall was not done correctly. He stated he has concerns with the underground power supply also. Hector Herrera, 10130 Kernwood, stated he has always had problems with the builder. He stated he was concerned that the same thing might happen to his home as what happened to the Flores' Edwin Fabierro, 10171 Kernwood, asked for the City Council's support to get the developer to get problems taken care of, and asked for the City to come back and inspect any repairs that are corrected. He stated his house also has no floor vents. Maria Luredes Pelotine, 10151 Kernwood, stated she does not have vents in the crawl space and has asked for an inspector to check her floor. She stated her floor is also not level, that it is wavy. She stated no one wants to assume responsibility. She stated she is fearing now that there are more oversights. She also stated her walk-through items never did get corrected. Gonzalo Castro, 10110 Kernwood, stated he is also fearful that what happened to the Flores' home might also happen to him. George Hix, 10430 Almond, stated his utilities are not underground. He stated he thinks his house has termites. He stated he has problems with his roof and that none of his problems get repaired by the developer. There being no further response, the public comments were closed. Councilmember Wright stated she felt the entire tract should feel confident that their homes are built properly and for them to be reinspected. She felt the Flores' and the entire neighborhood should work with Jerry Grant's office on solving these problems. She asked that all nine homeowners on Almond also be looked at with a report back to the City Council on the findings. She asked if the bad builder law would apply to Mayflower-Bayoun, and would like a report back on that also. Jerry Grant, Building Official, stated he would like the owners on Kernwood to request the inspection before they automatically go out and do this. He stated he felt they were at the point of working together prior to the last meeting and is willing to do that. He stated they are willing to help the residents. City Council Minutes January 16, 1991 Page 18 Councilmember Wright stated she wanted them to feel they could work with Building and Safety instead of coming to City Council meetings every week. Jerry Grant, Building Official, stated they could also offer the same inspection to the Almond homes as would be offered to Kernwood. He stated he would like to report back on the bad builder ordinance after he researches it. Rick Gomez, Community Development Director, stated they are willing to work with the residents and want them to feel they can call staff whenever they want to. Councilmember Williams felt Building and Safety should put pressure on the contractor to get things moving faster. Jerry Grant, Building Official, stated they are doing everything possible to work with the contractor. Councilmember Buquet stated he felt the City needs to put pressure on the contractor. Mayor Stout stated the City Council had asked that Chino's builder ordinance be looked at, and had been told it was not allowed, but stated again he felt it should be looked at no matter what the reason is because he had heard it was working for Chino. Councilmember Alexander stated he supported looking at Chino's ordinance. Mayor Stout asked that the underground issue on Almond also be looked at. , , , , , I3. CONSIDERATION TO DEVELOP A REOUEST FOR PROPOSAL WHICH WILL REVIEW THE EFFECTIVENESS OF PLAN REVIEW, PERMIT ISSUANCE, AND INSPECTION SERVICES Staff report presented by Linda Daniels, Deputy City Manager. (0807-01 CODE BLDG} (0701-01 SUBCOMMITTEE) Councilmember Buquet stated he felt this aspect was only one small part of this issue. He felt the Planning Commission should also be involved in this. He stated he would like to work on this project. Councilmember Alexander stated he did not feel the Planning Commission should be involved. Jack Lain, City Manager, stated the Request For Proposal will deal with problems presented to the City, and changes that are needed would be recommended. Councilmembers Alexander and Buquet stated they would work as a Subcommittee for this. Councilmember Alexander suggested that residents involved with building problems be part of the work he and Councilmember Buquet would be doing. City Council Minutes January 16, 1991 Page 19 Mayor Stout stated he wanted people to feel good about their home being constructed in Rancho Cucamonga. , , · , , I4. CONSIDERATION OF THE CREATION OF A CITIZENS' TASK FORCE ON LIBRARY SERVICES, TO ASSIST STAFF AND CONSULTANTS IN THE PREPARATION OF A LIBRARY MASTER PLAN Staff report presented by Linda Daniels, Deputy City Manager. (1601-06 LIBRARY) Council concurred that Councilmembers Wright and Willjams would review the applicants. Mayor Stout suggested that Councilmembers Wright and Willjams structure the Task Force how they felt this process should be done. · , , · , (22) Councilmember Buquet stated he would like to see a program set up relating to gang awareness. He felt the last program that was put on by the City was so successful, and after receiving feedback from the residents, he would like to go forward with more programs. Councilmember Wright asked if Councilmember Buquet might want to continue on an ongoing basis with these programs if they continue to be successful. Councilmember Buquet stated yes. , , , , , , J. IDENTIFICATION OF ITEMS FOR MElT MEETING J1. Councilmember Wright asked for a report on the potential for establishing a fee connected with people the City book in a County facility which would be added to their bail or the penalty put on them. J2. Councilmember Wright asked for a report on making the Mayor's term a four- year term. J3. Councilmember Willjams stated because of the wind blowing today there was an extreme amount of dust and sand in the air and felt the grading program had not worked. Jack Lam, City Manager, stated a memo would be sent to the City Council about this situation. , , , , · I5. CONSIDERATION TO PROVIDE FOR THE COMMUNITY A PRESENTATION ON GRAFFITI/GANG RELATED ISSUES (ORAL REPORT) (0704-07 VANDALISM) (23) City Council Minutes' January 16, 1991 Page 20 K1. K. COMMUNICATIONS FROM THE PUBLIC John Huggins, 10203 Beaver Court, thanked Councilmember Alexander and Jack Lam for their input this past week. He stated the tract at Hillside and Sapphire was a disaster. He suggested a full time inspector be placed on a Job such as this. , , , , , L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Wright to adjourn to Executive Session to discuss pending litigation with Warner Communications. Executive Session to adjourn to a joint meeting with Cucamonga County Water District and the Chino Basin Municipal Water District on January 23, 1991, 7:00 p.m. in the Tri- Communities Conference Room at the Civic Center. Motion carried unanimously, 5-0. The meeting adjourned at 11:50 p.m. City Clerk Approved: February 6, 1991