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HomeMy WebLinkAbout1990/05/16 - Minutes May 16, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ A. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, May 16, 1990, in the Lions Park Community Center, 9161 Baee Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:10 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles J. Buquet II, Pamela J. Wright (arrived 7:50 p.m.), and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Russ Maguire, City Engineer; Shintu Bose, Deputy City Engineer; Dan James, Sr. Civil Engineer; Walt Stickney, Associate Civil Engineer; Joe Stofa, Associate Civil Engineer; Willie Valbuena, Assistant Civil Engineer; Chuck Wachter, St. Public Works Inspector; Laura Bonaccorsi, Landscape Designer; Brad Buller, City Planner; Otto Kroutil, Deputy City Planner; Larry Henderson, Principal Planner; Miki Bratt, Associate Planner; Richard Alcorn, Code Enforcement Supervisor; Joe Torrez, Code Enforcement Officer; Sue Ramirez, Code Enforcement Officer; Mary Burgan, Code Enforcement Officer; Nancy Sasse, Code Enforcement Technician; Jerry Grant, Building Official; Joe Schultz, Community Services Manager; Paula Pachon, Administrative Assistant; Duane Baker, Sr. Administrative Assistant; Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. , , , · , · B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Designating May as Water Awareness Month. Mayor Stout presented the proclamation to Charlie West and Tom Shollenberger of Cucamonga County Water District. B2. Presentation of Proclamation Designating May as Foster Care Awareness Month. Mayor Stout presented the proclamation to Bridgett Jones. City Council Minutes May 16, 1990 Page 2 83. Jack Williams, representing the U.S. Constitution Bicentennial Commission, made a presentation to Paula Pachon for her hard work and dedication she has given towards this project. 84. Mayor Stout stated this is the last meeting the City Council would be having at this location. He mentioned the new Civic Center and Council Chambers will be located at 10500 Civic Center Drive, Rancho Cucamonga. 85. Jack Lam, City Manager, stated that Item D8 has a new resolution for consideration because Etiwanda High School will not be considered at this meeting. 86. Jack Lam, City Manager, stated item D15 needed to be removed from the agenda and will be rescheduled for another meeting. 87. Jack Lam, City Manager, stated there is a correction in the title of the report for item D26. 88. Jack Lam, City Manager, suggested that Item F5 be continued to June 20 after the public hearing is opened. 89. Jack Lam, City Manager, asked for an Executive Session at the end of the meeting to discuss personnel issues. 810. James Markman, City Attorney, requested an Executive Session regarding Nordic Development prior to item H2. C. COMMUNICATIONS FROM THE PUBLIC Cl. Ted Moser, 5498 Hermosa, stated he had been before the City Council last August and had stated they have sold their home and now can't get into their new home they have purchased from Nordic Development. He stated they have now been made aware that there are not any more releases being given in the Woodridge Estates. Mayor Stout stated that his concerns related to the Nordic item on the agenda, and that would be the time to discuss this. C2. Marcus Soloman, 10007 Manzanita, asked for the skate boarding issue to come back on a Council agenda. He stated he is trying to get his own insurance coverage, and then the City would not be liable, and asked if this could be discussed. Mayor Stout asked that this item be referred to the Park & Recreation Commission and then it could come back to the City Council with a recommendation. C3. Jane Moser, 5498 Hermosa, stated that whenever they have tried to address the City Council before with their problems regarding Nordic they have been told they do not matter because they are not residents yet. City Council Minutes May 16, 1990 Page 3 Mayor Stout stated no one has ever said that before. Mrs. Moser asked that she be able to speak to Council when the Nordic item comes up on the agenda. C4. Ron Ziebarth asked if something could be done so that the 100 people outside could hear what was going on inside. Jack Lam, City Manager, stated they could go into the staff room if they wanted to hear. D. CONSENT CALENDAR D1. Approval of Minutes: 3-14-90 4-18-90 D2. Approval of Warrants, Register Nos. 5/2/90 and 5/9/90; and Payroll ending 4/25/90 for the total amount of $1,703,337.43. D3. Approval to receive and file current Investment Schedule as of April 30, 1990. D4. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for La Vina, Roberto R. Lira and Lupe Saldana, 8030 Vineyard Avenue. D5. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Casa Del Sol, Edmundo and Maria Sanchez, 10062 Arrow Route. D6. Alcoholic Beverage Application for Off Sale General, 1989 Conditional Priority #26 for Unnamed Business, Yong Kil Jung, 8045 Vineyard Avenue. D7. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for Joe's New York Deli, David J. and Lupe Jean Drane, 8645 Haven Avenue, #550. D8. Approval to authorize the Advertising of the "Notice Inviting Bids" for the Cucamonga Elementary School Recreation Field Improvement Projects. (0601- 01 BID) RESOLUTION NO. 90-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CUCAMONGA ELEMENTARY SCHOOL RECREATION FIELD IMPROVEMENT PROJECTS, IN SAID CITY, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS (i) City Council Minutes May 16, 1990 Page 4 (2) (3) (4) (s) (6) (7) D9. Approval to authorize the re-advertising of the "Notice Inviting Bids" for the Base Line Road Median Beautification Phase I, Improvement Project from Haven Avenue to Deer Creek Channel," to be funded from Landscape Maintenance District No. 4, Account No. 43-4130-8956 and from Measure "I" Arterial, Account No. to be determined (FY 89/90 and 90/91). (0601-01 BID) RESOLUTION NO. 90-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASE LINE ROAD MEDIAN BEAUTIFICATION PHASE I, FROM HAVEN AVENUE TO DEER CREEK CHANNEL," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D10. Approval to initiate self-funding of the City's Workers' Compensation Program by joining the California Municipal Insurance Authority Workers' Compensation Pool. (0401-15 INSURANCE) Dll. Approval to change meeting location to 10500 Civic Center Drive, for the Historic Preservation Commission, Park and Recreation Commission, Planning Commission, and Public Safety Commission. (0701-01 COMMISSION) RESOLUTION NO. 90-193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CHANGING THE PLACE FOR HOLDING REGUL/~ MEETINGS OF THE HISTORIC PRESERVATION COMMISSION, PARK AND RECREATION COMMISSION, PLANNING COMMISSION, AND PUBLIC SAFETY COMMISSION D12. Approval to destroy records which are no longer required as provided under Government Code Section 34090. (0304-00 REC MGMT) RESOLUTION NO. 90-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY · RECORDS AND DOCUMENTS WHICH ARE NO LONGERREQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 D13. Approval of a Resolution to support the preservation of the United States Route 66 Highway as an historic highway. (1402-06 HISTORY) RESOLUTION NO. 90-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE MOVEMENT TO PRESERVE THE UNITED STATES ROUTE 66 HIGHWAY AS AN HISTORIC HIGHWAY D14. Approval of a Resolution of Denial for an Appeal of the Notice to Abate Public Nuisances at 8493 Etiwanda. (0701-06 APPEAL) (0807-05 SUB PROPTY) City Council Minutes May 16, 1990 Page 5 RESOLUTION NO. 90-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE NOTICE TO ABATE PUBLIC NUISANCES AT 8493 ETIWANDA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 229-041-11 D15. Approval to ordcr the anncxation of landooapc areao to the work program of Landoeapc Maintenance Dietriot No. 7 for Tract 13S66 I thru ~, located on the north oidc of 24th Street and eaot of War~..an Bullock Road, and thc Annexation of Tract 13S6S S thru 10 to Landoeapc Maintcnanoc Diotrict No. 7 and Stroct Lighting Maintcnanoc Dietriot No. 1. XTEM R~MOVED FROM AG~NDA (0702-02 ANNEXATION) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RE~OLUTION NO. 90 197 A RE~OLUTION OF THE CITY COUNCIL OF THE CITY OF RANCIIO C2jOAMONCA, CALIFORNIA, ORDERINC TIIE ANNEXATION OF LANDCOAPE AREAS TO THE WORK PROCRAM OF LANDSCAPE MAINTENA~IC~ DISTRICT NO. 7 FOR TRACT 13S66 1 TNRU ~ RESOLUTION NO. 90 198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA~ICNO OUO~NCA, CALIFORNIA, ORDERINC TIlE ANE~XATION OF CERTAIN TERRITORY TO LANDSCAPE }~INTENANCE DISTRICT NO. 7 A~ID STREET LICNTINCMAINTENANCE DISTRICT NO. i FOR TRACT NO. 13~6~--S TNRU D16. Approval to execute a Confidentiality Agreement (CO 90-071) and authorize KIVA Corporation of Salt Lake City, Utah to examine our Finance System Source Code to further determine their interest in usage of our Financial Package. (0602-01 CONTRACT) D17. Approval to authorize execution of contract (CO 90-072) with the Warner Group to conduct a study evaluating Computer Systems for use by the City to be funded from Contract Services Account 33-4133-6028, at a cost not to exceed $20,000.00. (09602-01 CONTRACT) D18. Approval to award and authorization for execution of contract (CO 90-073) for Highland Avenue Reconstruction Improvement Project located from Hermosa Avenue to Mayberry Avenue to Bob Britton, Incorporated, for the amount of $131,148.00 ($119,226.00 plus 10% contingency), to be funded with TDA Article 8, Account No. 12-4637-8910 (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT) D19. Approval to award and authorization for execution of contract (CO 90-074) for Base Line Road and Rochester Avenue Traffic Signal and Safety Lighting Improvement Project to Raymot Electric for theamount of $120,866.00 ($109,878.00 plus 10% contingency), to be funded with Systems Development funds - Account No. 22-4637-8943 (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT) (8) (9) (ii) (i2) (13) City Council Minutes May 16, 1990 Page 6 (14) (is) (16) (i7) (i8) D20. Approval to award and authorization for execution for the Landscape and Irrigation Maintenance Contract (CO 90-075) for Landscape Maintenance District No. 6, to Landscape West, Incorporated, of Los Angeles, California for the amount of $12,000.00 to be funded by Account Number 45-4130-6028 (FY 89/90). (0511-01 AWARD) (0602-01 CONTRACT) D21. Approval to execute Agreement of Installation of Public Improvement and Dedication (CO 90-076) between John A. Sepe and Irene Sepe and the City of Rancho Cucamonga for sidewalk improvements at the northwest corner 6f Sierra Madre Avenue and Ninth Street along the Sepe parcel for the Sierra Madre Avenue-Ninth Street to Arrow Route Project. (0602-01 CONTRACT) RESOLUTION NO. 90-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM JOHN A. SEPE AND IRENE SEPE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D22. Approval to execute Agreement for Installation of Public Improvement and Dedication (CO 90-077) between Michael D. Brown and the City of Rancho Cucamonga for sidewalk improvements at the northeast corner of Sierra Madre Avenue and Ninth Street along the Brown parcel for the Sierra Madre Avenue-Ninth Street to Arrow Route Project. (0602-01 CONTRACT) RESOLUTION NO. 90-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ANAGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM MICHAEL D. BROWN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D23. Approval to execute Agreement for Installation of Public Improvement (CO 90-078) between Hiroshi Suruki and Renee Suruki and the City of Rancho Cucamonga for Street Improvements located along the north portion of the Suruki parcel for the Nineteenth Street project from Archibald Avenue to Haven Avenue. (0602-01 CONTRACT) RESOLUTION NO. 90-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTINGANAGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT FROM HIROSHI SURUKI AND RENEE SURUKIAND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D24. Approval to execute Agreement for Installation of Public Improvement (CO 90-079) between Fred W. Koning and Jane Koning and the City of Rancho Cucamonga for Street Improvements located along the north portion of the Koning parcel for the Nineteenth Street project from Archibald Avenue to Haven Avenue. (0602-01 CONTRACT) City Council Minutes May 16, 1990 Page 7 RESOLUTION NO. 90-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ANAGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT FROM FRED W. KONING AND JANE KONING AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D25. Approval to execute Agreement for Installation of Public Improvement (CO 90-080) between Millard Herr and Rhoda Herr and the City of Rancho Cucamonga for Street Improvements located along the south portion of the Herr parcel for the Nineteenth Street project from Archibald Avenue to Haven Avenue. (0602-01 CONTRACT) RESOLUTION NO. 90-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ANAGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT FROM MILLARD HERR AND RNODA HERR AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D26. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 13316, located at the northeast corner of Archibald and Carrari Avenues, submitted by Friedman Homes. REMOVED FOR DISCUSSION BY A MEMBER OF THE AUDIENCE. (0602-01 AGREE IMPR) (1002- 09 MAP) (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 90-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ACCEPTANCE OF OFFER OF DEDICATION AND FINAL MAP OF TRACT NO. 13316 RESOLUTION NO. 90-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13316 D27. Approval to execute Improvement Agreement and Improvement Security for Parcel Map 11671 located between 4th and 6th Streets and between Pittsburgh and Buffalo Avenue, submitted by the Mission Land Company. (0602-01 AGREE IMPR) RE'SOLUTION NO. 90-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 11671 (20) (22) City Council Minutes May 16, 1990 Page 8 (23) (24) (25) (26) D28. Approval to execute Improvement Agreement, Improvement Security and Monumentation Cash deposit for Tract 13281 located at the northwest corner of Base Line Road and Rochester Avenue, submitted by Corington Homes, and release of previously submitted Improvement Agreement, Security and Monumentation deposit accepted by City Council on January 18, 1989, for The William Lyon Company. (0602-01 AGREE IMPR) (0602-01 BOND ACCPT) RESOLUTION NO. 90-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 13281 AND RELEASING THE IMPROVEMENT AGREEMENT AND SECURITY PREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 18, 1989 D29. Approval to execute Improvement Agreement, Improvement Security and Monumentation cash deposit for Tract 13873, located on the northwest corner of Atwood Street and Victoria Park Lane, submitted by Atwood-Victoria Joint Venture and release of previously submitted Improvement Agreement Security and Monumentation Deposit accepted by City Council on September 6, 1989, from The William Lyon Company. (0602-01 AGREE IMPR) (0602-01 BOND ACCPT) RESOLUTION NO. 90-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 13873 AND RELEASING THE IMPROVEMENT AGREEMENTAND SECURITY PREVIOUSLY ACCEPTED BY CITY COUNCIL ON SEPTEMBER 6, 1989 D30. Approval to execute Improvement Agreement Extension for Tract 12870 located on the north side of Highland Avenue between Etiwanda Avenue and East Avenue, submitted by Daly Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12870 D31. Approval to execute Improvement Agreement Extension for Tract 13425, located on the north side of 19th Street between Haven Avenue and Highland Avenue, submitted by Glenfed Development. (0602-01 AGREE EXTN) RESOLUTION NO. 90-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13425 City Council Minutes May 16, 1990 Page 9 D32. Approval to execute Improvement Agreement Extension for Tract 13440 (27) located on the northeast corner of Kenyon Way and Lark Drive, submitted by J.P. Rhoades Development. (0602-01 AGREE EXTN) RESOLUTION NO. 90-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13440 D33. Approval to execute Improvement Agreement Extension for Tract 13441 (28) located on the northeast corner of Victoria Park Lane and Kenyon Way, submitted by Grupe Development. (0602-01 AGREE EXTN) RESOLUTION NO. 90-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13441 D34. Approval to execute Improvement Agreement Extension for Parcel Map 9350 (29) located on the northeast corner of Base Line Road and Mitliken Avenue, submitted by The William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 90-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9350 D35. Approval to execute Improvement Agreement Extension for Parcel Map 11341 (30) located on the northeast corner of Church Street and Milliken Avenue, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 90-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 13441 D36. Approval to accept Improvements, Release of Bonds and Notice of Completion (31) for Tract 13542 located on the northeast corner of Banyan Street and Canistel Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $220,000.00 Accept: Maintenance Guarantee Bond (Street) $ 22,000.00 City Council Minutes May 16, 1990 Page 10 (32) (33) (34) (3s) RESOLUTION NO. 90-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13542 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE D37. Approval to accept the Haven Avenue Median Improvements, Phase III, from south of Lemon Avenue to north of Wilson Avenue, Contract No. 89-013, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE HAVEN AVENUE MEDIAN IMPROVEMENTS PHASE III, FROM SOUTH OF LEMON AVENUE TO NORTH OF WILSON AVENUE, CONTRACT NO. 89-013, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE D38. Approval to accept the Base Line Road Beautification Project, from Carnelian Street to the west City Limits, Contract No. 89-075, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE BASE LINE ROAD BEAUTIFICATION PROJECT, FROM CARNELIAN STREET TO THE WEST CITY LIMITS, CONTRACT NO. 89-075, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D39. Approval to accept the Carnelian Street Parkway Renovation, from Vineyard Avenue to south of Base Line Road, Contract No. 89-089, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE CARNELIAN STREET PARKWAY RETROFIT, FROM VINEYARD AVENUE TO SOUTH OF BASE LINE ROAD, CONTRACT NO. 89-089, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D40. Approval to accept the Sierra Madre and Placida Court Street Improvements, north of Arrow Route to Via Carrillo, Contract No. 89-106, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) City Council Minutes May 16, 1990 Page 11 RESOLUTION NO. 90-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE SIERRA MADRE AND PLACIDA COURT, NORTH OF ARROW ROUTE, (CONTRACT NO. 89-106) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D41. Approval to accept the Sapphire Street Parkway Retrofit, from Banyan Street to north of Jennet Street, Contract No.89-160, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BONDREL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE SAPPHIRE STREET PARKWAY RETROFIT, FROM BANYAN STREET TO NORTH OF JENNET STREET, CONTRACT NO. 89-160, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D42. Approval to accept the Alta Loma Basin Excavation (Assessment District No. 84-2), Contract No. 90-017, release the bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 90-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ALTA LOMABASIN EXCAVATION (ASSESSMENT DISTRICT NO. 84-2), CONTRACT NO. 90-017, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D43. Approval of Preliminary Engineer's Report and Setting Public Hearing on June 20, 1990 to levy the annual assessments and approve the Final Engineer's Report for the Park and Recreation Improvement District (PD-85). (0401-03 ASS DIST) RESOLUTION NO. 90-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) (36) (37) (38) City Council Minutes May 16, 1990 Page 12 RESOLUTION NO. 90-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK ANDRECREATION IMPROVEMENT DISTRICT (PD-85) AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON MOTION: Moved by Brown, seconded by Alexander to approve the Consent Calendar with the exception of Item D15 and D26. Motion carried unanimously, 4-0-1 (Wright absent). DISCUSSION OF ITEM D26. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance Nee. 1 and 2 for Tract 13316, located at the northeast corner of Archibald and Carrari Avenues, submitted by Friedman Homes. Vincent Pritch, 5217 London Avenue, stated he did not agree with the staff report as it related to the pipe located underneath his property because they are more concerned with the day-to-day run-off of Tract 13316 than they are with the emergency storm drain project. He also referred to previously prepared staff reports on this project. he felt they would be negatively impacted by the project to the north of them. He felt the Council should adopt a Resolution that would provide for regulations relating to dust control and soil erosion and that all proper means be taken to protect his area. He also stated they have circulated a petition which the Council has copies of. He stated once more that they are concerned with the day-to-day run-off, the excess water running down their canyon, which can cause a nuisance to his area. Angelo Verlingo, 5207 London, stated he just recently purchased this property. he stated he was not made aware of what the previous owner had agreed to with the contractor, and he had not personally been approached about what was being planned. He stated he bought the home with the intention of corralling it off to use it for horse property. He stated he is not in objection to the easement at his property, but stated he would like the pipe to be underground so he does not have to look at it, and to a level that he can still use and have access to his land. He stated he did not agree with what has been proposed and would like to have the proposal changed. Wilbur Gaskins, 5247 London, stated his concern was his hillside washing away because of the amount of water running down it. Steven Ford, representing Friedman Homes, stated that the easement that exists across these people's property is an easement to the City that was in place prior to Friedman Homes' acquisition of the property a few years ago. He stated the easement was put in place for future master plan storm City Council Minutes May 16, 1990 Page 13 drain facilities. He stated Friedman Homes has had many meetings with the homeowners about the drainage issue and stated there have been many changes in the original concepts of the grading, drainage, improvements, landscaping, etc. to accommodate the property owners' concerns. He stated the drainage issue in particular has been referred back to staff and design review to increase the aesthetic appeal of this drainage outlet to the property owners. He added he has worked with Building and Safety and Engineering on the dust control issue as it relates to grading. He stated Mr. Friedman was also there to answer any questions. ****** Councilmember Wright arrived at 7:50 p.m. Mayor Stout asked James Markman, City Attorney, what they can do with this. James Markman, City Attorney, stated the item before the City Council is to process a final map, security agreement and improvement agreement. He stated he has talked with Engineering about this and was informed that they are in conformance with all the conditions of approval, that their final map conforms to the tentative and the conditions, and that is why it is here. He stated it was a ministerial item. He felt there was very little the Council can do on something like this at this stage, except make sure that what ie presented is in conformance with the tentative conditions. He felt if it was, they were not in a position to deny the process, that it was past the discretionary stage. Councilmember Buquet etated he felt uncomfortable with what has been stated and would like to see previous back-up material regarding this issue. Mayor Stout stated he would like to go look at this project, and also see past staff reports, including Planning Commission minutes, before he decides on this. Councilmember Brown asked if they investigate this further and find the conditions of approval are met, what can the City Council do. James Markman, City Attorney, stated he felt the Council was compelled to approve this if it conforms to the tentative. Mayor Stout stated he was not comfortable in voting on this tonight because of the lack of information, but if other Councilmembers felt comfortable to vote on it, they could. Councilmember Buquet felt they should look at this project and get the additional information. Mayor Stout suggested this come back at the next meeting. Mr. Friedman stated he felt everyone has had plenty of time to speak up about this project and has not done it. He felt they have done what the City has wanted them to do. City Council Minutes May 16, 1990 Page 14 (39) Mayor Stout stated because of the amount of time it has taken to get to the final map stages he did not think another three weeks would really matter. Mr. Friedman stated cash flow is a problem for him. Councilmember Alexander suggested this matter come back at the May 29 budget workshop. Mayor Stout concurred. RESOLUTION NO. 90-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ACCEPTANCE OF OFFER OF DEDICATION AND FINAL MAP OF TRACT NO. 13316 RESOLUTION NO. 90-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13316 MOTION: Moved by Buquet, seconded by Alexander to continue the item to May 29. Motion carried unanimously, 5-0. , , , , , 'A' E. CONSENT ORDINANCES No Items Submitted. , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF STREET ADDRESSING AND POSTING REOUIREMENTS - an Ordinance amending the Rancho Cucamonga Municipal Code by revising street address assignment and posting requirements. Staff report presented by Jerry Grant, Building Official. (1110-00 STREET) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes May 16, 1990 Page 15 ORDINANCE NO. 418 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCANONGA MUNICIPAL CODE BY DELETING PORTIONS OF SAN BERNARDINO COUNTY PROVISIONS ADOPTED BY ORDINANCE NO. 17, ENTITLED "POSTING OF STREET NUMBERS" AND BY ADDING CHAPTER 8.26 ENTITLED "STREET ADDRESS POSTING", TO TITLE 8 OF SAID RANCHO CUCAMONGA MUNICIPAL CODE Debra J. Adams, City Clerk, read the title of Ordinance No. 418. MOTION: Moved by Wright, seconded by Alexander to waive full reading and set second reading of Ordinance No. 418 for June 6, 1990. Motion carried unanimously, 5-0. , , , , · F2. CONSIDERATION TO AMEND CHAPTER 8.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING NEW SECTIONS 8.24,040, 8.24,050, 8.24.060 AND 8.24,070, PERTAINING TO GRAFFITI REMOVAL AND THE SALE OF AEROSOL PAINT Staff report presented by Duane Baker, Sr. Administrative Assistant. (0704-07 VANDALISM) Mayor Stout asked if it was possible to establish the award amount to be handled on a case-by-case basis through a Resolution instead of creating a flat $100.00 award amount. James Markman, City Attorney, suggested the Council set a fixed amount. Duane Baker, Sr. Administrative Assistant, suggested they set a minimum amount of $100.00 and then go from there on a case-by-case basis. Mayor Stout concurred with this. Councilmember Alexander felt anonymity was also important. James Markman, City Attorney, stated the person would still have to testify. Mayor Stout opened the meeting for public input. Addressing the Council was: Lewis Trout stated he agreed with Councilmember Alexander's comments on the anonymity issue. Councilmember Wright concurred also. James Markman, City Attorney, stated the Ordinance does not state that the person's name has to be revealed. There being no response, the public hearing was closed. (4o) City Council Minutes May 16, 1990 Page 16 ORDINANCE NO. 419 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING NEW SECTIONS 8.24.040, 8.24.050, 8.24.060 AND 8.24.070, PERTAINING TO GRAFFITI REMOVAL AND THE SALE OF AEROSOL PAINT Debra J. Adams, City Clerk, read the title of Ordinance No. 419. MOTION: Moved by Wright, seconded by Buquet to waive full reading of Ordinance No. 419, and set second reading for June 6, 1990. Motion carried unanimously, 5-0. , , , , · F3. CONSIDERATION TO DESIGNATE BELLA VISTA DRIVE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE Staff report presented by Walt Stickney, Associate Civil Engineer. (1110-00 STREET) Mayor Stout opened the meeting for public hearing. Addressing the Council were: Larry Upham, 8373 Bella Vista, stated this item is very similar to the Strang Lane item that the Council had approved at their last meeting. He stated the residents are willing to take care of the maintenance of the street as needed. He felt the Resolution should state Bella Vista Road instead of Drive, and added he supported staff's recommendation. Mel Morris, 8401 Bella Vista, stated he sees no need to have it fully taken over. He stated he agreed with having this approved as a private street. There being no further response, the public hearing was closed. RESOLUTION NO. 90-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING BELLA VISTA DRIVE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE MOTION: Moved by Wright, seconded by Brown to approve Resolution No. 90-224. Motion carried unanimously, 5-0. Russ Maguire, City Engineer, stated they will add the comment to the bottom of Exhibit A as they did for the Strange Lane Resolution. City Council Minutes May 16, 1990 Page 17 F4. CONSIDERATION TO DESIGNATE SCOTT LANE AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE Staff report presented by Walt Stickney, Associate Civil Engineer. (1110-00 STREET) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Wright asked if there had been any communication from the school that is nearby. Walt Stickney, Associate Civil Engineer, stated they have no received any communication about this. Councilmember Brown asked Councilmember Wright if she felt the school should receive communication. Councilmember Wright stated she would feel better if the school was aware of this. William Nunes stated that this street does not go through. Councilmember Wright stated she was concerned about evacuation, but Mr. Nunes had addressed her concern and was comfortable with this. RESOLUTION NO. 90-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING SCOTT LANE AS A PRIVATE STREETAND EXEMPTING THE ABUTTING PROPERTIES FROMREQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-225. Motion carried unanimously, 5-0. F5. CONSIDERATION TO AMEND MAPS TRACT NOS. 13565-1, 13565-5, 13565-7 AND 13565-8, LOCATED NORTH OF SUMMIT AVENUE AND EAST OF WARDMAN-BULLOCK-ROAD, SUBMITTED BY STANDARD PACIFIC OF ORANGE COUNTY (1002-09 MAP) RESOLUTION NO. 90-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDING TRACT MAPS NOS. 13565-1, 13565-5, 13565-7 AND 13565-8 Mayor Stout stated this item has been requested to be continued to the June 20, 1990 meeting, and that he would like more information on this. (42) (43) City Council Minutes May 16, 1990 Page 18 (44) MOTION: Moved by Alexander, seconded by Buquet to continue the item to the June 20, 1990 meeting. Motion carried unanimously, 5-0. F6. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTION 12.08.050 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO EXEMPTIONS FROM REOUIREMENTS TO CONSTRUCT PUBLIC IMPROVEMENTS Staff report presented by Russ Maguire, City Engineer. (1110-10 STREET PI) Mayor Stout asked if this included the dedication requirement. Russ Maguire, City Engineer, stated no. Mayor Stout asked if the City could still require dedication. Russ Maguire, City Engineer, stated dedications are still required. James Markman, City Attorney, stated what the City requires are Offers of Dedication. Mayor Stout asked if the list of things that would trigger this mechanism, would it be possible to add a provision that the alteration does not cause any additional traffic or safety consequences, because he felt sometimes a small change can cause a lot of problems on a traffic or safety issue. Russ Maguire, City Engineer, stated that was the intent of saying do not intensify the use, that intensification could include those items plus other items. James Markman, City Attorney, stated what this essentially means is more people working or coming to the property because of the addition, but that they didn't want to just say intensify the use. Mayor Stout did not feel any use should be altered causing public safety problems. Councilmember Alexander felt public safety concerns should be added. Mayor Stout concurred that he did not think this should slip by. ORDINANCE NO. 420 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 12.08,050 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO EXEMPTIONS FROM REQUIREMENTS TO CONSTRUCT PUBLIC IMPROVEMENTS Debra J. Adams, City Clerk, read the title of Ordinance No. 420. City Council Minutes May 16, 1990 Page 19 Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Stout asked that additional language be brought back for second reading. James Markman, City Attorney, stated additional language should be added to item A stating "alterations would not intensify the use of the building or structure or generate a greater hazard to public health or safety." MOTION: Moved by Alexander, seconded by Brown to waive full reading and set second reading of Ordinance No. 420 for June 6, 1990. Motion carried unanimously, 5-0. O. PUBLIC HEARINGS G1. CONSIDERATION TO CHANGE THE REGULAR MEETING PLACE (0701-01 COUNCIL) (45) ORDINANCE NO. 421 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.12,010 OF CHAPTER 2.12 OF TITLE II OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE LOCATION OF CITY COUNCIL MEETINGS Debra J. Adams, City Clerk, read the title of Ordinance No. 421. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Buquet, seconded by Brown to waive full reading and set second reading of Ordinance No. 421 for June 6, 1990. Motion carried unanimously, 5- 0. RESOLUTION NO. 90-227 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE DAY AND TIME OF CITY COUNCIL MEETINGS MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 90-227. Motion carried unanimously, 5-0. , · , , , H. CITY MANAGER'S STAFF REPORTS H1. OVERVIEW OF CODE ENFORCEMENT PROGRAM Staff report presented by Richard (46) Alcorn, Code Enforcement Supervisor, who also presented a slide presentation. (0704-07 CODE ENFOR) , , , · , City Council Minutes May 16, 1990 Page 20 Mayor Stout opened the meeting for public input. Addressing the Council were: Ron Ziebarth stated they were present to provide the Council with an organized view of this issue. David Long, 13021 Vista, stated he received a citation last week for a boat and motor home he had parked in the front of his property. He added there are homes in Rancho Cucamonga that do not have access to their backyards for RV vehicles, and that if he had to park his RV in an RV park, he would not have the easy access to take his boat out when he wanted to. Tim Beck, a resident since 1977, stated in 1988 he had bought a new motor home and parked it in an RV park where it was damaged. After that he moved it back to his home. He asked for the City to build an RV park for the residents. Alan Carver, 10173 Candlewood, stated he has an RV parked behind a fence on the side of his house. He stated he does not see a problem with parking them in the front yard as long as it does not block someone's view. Ron Hodge, Klusman Avenue, felt it would be a good idea to have permits for temporary parking of RV's in the front yard. He added he had received a citation for parking his trailer on the street. Nicholas Crow stated he did not agree with an ordinance that would not allow you to do something because of aesthetics. He felt the ordinance was inappropriate. He also added he stores emergency supplies in his RV. Ed Vednoy, 9122 Real, thanked Brad Buller and Councilmember Wright for a situation they took care of for him on New Year's Day. He stated he does not have an RV, but felt a resident should be allowed to park their RV on their own property. Roland Brown, 9212 San Bernardino Road, felt people should be allowed to park RV's on their own property. Diane Garland, 7968 Rosebud, stated she cannot park her RV in her back yard because she has no access to get it to the back. She also reported on RV insurance and how expensive it was. Ronald Campfield, Malachite, stated he did not think the City should be able to make someone move their RV out of their own property. He stated he does not have the space to put his RV in his back yard. Sally Masaglie stated she felt the ordinance should be kept as it is. City Council Minutes May 16, 1990 Page 21 Keith Gonard, 9173 Candlewood, stated he keeps his RV parked at the side of his house and that he cannot afford to store it off his premises. He felt it was good recreation for his children and didn't want to give it up. Jana Shirts, 8661 Orange, stated she does not own an RV but that there were some in her neighborhood that do not have access to their back yard. She added she does not take offense to RV's being parked in someone's front yard. John Maxin, 8165 Cornwall, stated he has a boat in his front yard. He felt you should be able to park RV's in your front yard. Beverly Chodis, 9609 Almond, stated she owns a boat and that the RV ordinance is infringing on her rights. She stated she was reported by a neighbor. She told about the many people she has talked to who have RV's. She felt RV's should be able to be parked in their front yards, and that the ordinance should be amended. David Fletcher, involved in real estate business and resident of Rancho Cucamonga, stated that people do look for a place to park their RV when purchasing a home. He stated some people have had their RV's stored at their residences prior to the ordinance being approved. He felt RV's should be able to be parked in their front yards. Betty Gargis of Rancho Cucamonga felt people are being harassed because of this ordinance. She reported about a neighbor she had that did not like her RV and all the terrible things they did to her family. She felt this ordinance was opening up more harassments. She did not feel RV's parked at a residence would drop property values and would like to see the ordinance amended. Ron Ziebarth stated he felt it was time to listen to the people and change the ordinance relating to RV's, boats, etc. He stated that he would like the ordinance amended. He suggested if the Council would let them park their RV's where they want, they would make sure the area around it is maintained. He asked for a moratorium of any further processing of complaints until a decision is reached by the Council. He stated he has contacted all RV lots in Rancho Cucamonga and there were no spaces available. He then contacted other surrounding cities that have RV parking lots and found there to be a total of 14 available spaces. He stated he did not feel there was enough space available in Rancho Cucamonga to park RV's. He stated there were some people that would not sign the petition because they felt it would open the City's eyes up to them having an RV and would be cited by the City. He said there were some City employees that did not want to sign the petition because of working for the City of Rancho Cucamonga. He added that Chaffey High School District is suggesting that people with motor homes store emergency supplies in their motor homes. He stated it was time to change the ordinance. City Council Minutes May 16, 1990 Page 22 Dale Starbuck, representing the Good Sam Organization, offered his organization to assist with the re-writing of the ordinance. Doug Lane, 7237 Parkside Place, felt the ordinance was discriminating against RV owners. He felt this should be put to a vote of the people. He felt it was a hardship for people to have to store their RV's away from their homes. There being no further response, the public input session was closed. Councilmember Brown submitted a letter for the record from H. E. Phy. Mayor Stout called a recess at 10:05 p.m. The meeting was called back to order at 10:20 p.m. with all members of Council present. Mayor Stout stated this issue is a planning issue and suggested that this issue be reviewed to reach a reasonable compromise. He suggested this be referred to the Planning Commission and that there be a moratorium until a final decision is reached. After this goes to the Planning Commission then it can come back to the City Council with a recommendation. Councilmember Brown suggested that people who were issued correction notices be put on hold for the time being. Councilmember Buquet stated he would like additional information on available RV space in new development. He added he had a problem with a total moratorium. He stated he agreed with Mayor Stout's comments, but wanted public safety considered with regards to the moratorium. Councilmember Alexander concurred with Mayor Stout's suggestion. Mayor Stout felt that the Public Safety Commission should also look at this for their input. Councilmember Wright stated she did not feel it needed to go to the Public Safety Commission because she did not think street parking was the issue. The audience expressed their concurrence. A gentleman from the audience stated he had been cited by the Rancho Cucamonga Police Department for having his RV parked on the street. The Council concurred this needed to be looked at also. Councilmember Wright stated she now understood why the Public Safety Commission should get involved. City Council Minutes May 16, 1990 Page 23 Someone from the audience asked what the time frame would be for this review process. Mayor Stout felt approximately 90 days would be reasonable. Carlos Poneaugua brought up the issue of how long you are allowed to park on the street. Mayor Stout asked that the Police Department be advised not to enforce the one hour parking provision. The Council adjourned to Executive Session at 10:39 p.m. The meeting was called back to order at 10:51 p.m. with all members of Council present. H2. REOUEST BY HOMEOWNERS TO ADDRESS CITY COUNCIL REGARDING NORDIC DEVELOPMENT (47) (Oral Discussion) (0703-01 LITIGATION) James Markman, City Attorney, stated that at the last Council meeting his office was directed to file a lawsuit which essentially would attempt to grind to a halt the activities of Nordic Development in the City of Rancho Cucamonga based upon the public nuisance and problems they have created that have been documented. He stated they have met with Mr. Keto, representing Nordic Development, since that time, even though they are still in the process of generating the lawsuit, and in the interim a proposal came forth from Nordic which was suggested to the Council, who has unanimously concurred to try to settle this in lieu of filing the lawsuit. He stated the proposal would be for the City of Rancho Cucamonga to release either two or three homes prior to the completion of the public improvements or other restraints for occupancy, so that escrows can close in Woods II. He added the net proceeds of those funds, rather than going to contractor's with liens or banks with loans, or limited partners, would by agreement with Nordic and those necessary, be assigned into an escrow account, which would be controlled by the disbursement of joint checks signed by Nordic and the City of Rancho Cucamonga. He stated the proceeds would be used solely to offer an opportunity to the persons whose roof and structural problems remain, or Mr. Huggins, if he desires, to cover the costs of repairing those major errors. He felt it was worth pursuing this to come up with a resolution to solve the problem. He stated there is litigation going on between the homeowners and Nordic and he didn't know if under legal advise, whether they would want to take advance of those escrow funds if available. He stated the amount of money would need to be worked out that would secure the repair work. He mentioned Nordic would be working with Jerry Grant's staff to come up with a conservative figure to achieve the purpose he just stated. City Council Minutes May 16, 1990 Page 24 Jane Moser, buyer of 4498 Hermosa, stated they are without a home and now has six days to close her escrow. She asked that lot 25 be looked at and released if possible so they could move in. She added she was told last August the City could not stop Nordic from building, and yet today she sees this happening. James Markman, City Attorney, stated Nordic's activity in one area is subject to certain remedies, their public improvement problems and all the rest, and that what you can't do is shut down their activities at other places. He stated he has direction from the Council to attempt to do this through a court order which supersedes what was previously said. He stated they are still trying to solve the problems. He stated in the interim, he stated the Council has adopted a policy that until all the public improvement work is done on a lot, a certain number of homes would not be released for occupancy, which is the policy that has put their lot in the situation it is in. He felt if the City is able to work out the proposed agreement with Mr. Keto, that it should help her situation. Mrs. Moser also expressed concern about the percentage of houses that can be held. She felt she should be notified of any holding of units. Russ Maguire, City Engineer, explained this process to Mrs. Moser. James Markman, City Attorney, stated if this agreement is worked out in order to resolve the lack of funds for the other people to fix these houses, then that will be a new agreement that Council makes which is a deviation that Mr. Maguire just stated. Mrs. Huggins stated her attorney is working on a trust for the repair of the homes and that they do have ales pendense on the property, and if the les pendense sticks, the houses are still tied up. James Markman, City Attorney, stated that supposedly Nordic's title company is going to issue him title insurance and take the heat on the validity of the les pendense. He stated if Nordic does not come through with the proposed agreement, the City would go ahead as previously directed. Mr. Moser asked how his home got held hostage. He asked why the builder is still building in the City. Councilmember Buquet stated he would have helped Mr. Moser if he had been to the previous Council meetings to hear what has happened the last few months. Mr. Moser expressed his frustration with respect of getting moved into his house. He also read a letter from Mr. Keto as to their house being delivered to them. He stated all they want to do is close their escrow. ACTION: James Markman, City Attorney, stated they will try to deliver the agreement with Nordic to the Council as stated above. City Council Minutes May 16, 1990 Page 25 H3. CONSIDERATION TOREVIEW IMPROVEMENT AGREEMENT EXTENSION REOUEST FOR TRACT NOS. 10827, 10827-1 AND 10827-2 LOCATED ON MANZANITA DRIVE BETWEEN HAVEN AVENUE AND HERMOSA AVENUE, SUBMITTED BY RELCO INDUSTRIES (0602-01 AGREE EXTN) James Markman, City Attorney, stated he has been working on this with the City Manager and City Engineer. He stated there have been about three or four extensions on this tract, and that what is left to do is the equestrian trail and the landscaping on the trail. He stated there have been debates between the developer and staff as to who is responsible for this work. He stated he has closed on a letter of credit of over $1,000,000.00, and that there is only about $60,000 worth of work left. He stated the bank has not responded to the letter of credit by paying the money. He stated he did not feel this was a practical solution because of possible litigation. He added as of about 5:00 p.m. today, the developer realizes his obligation and has asked for the extension. He etated he is in favor of granting it as long as they make it clear in the record they are responsible. He stated staff now recommends continuing this to the June 6, 1990 meeting. MOTION: Moved by Brown, seconded by Alexander to continue the item to June 6, 1990. Motion carried unanimously, 5-0. , , , , , Items H4, H5 and H6 were considered together. H4. CONSIDERATION OF ANNEXATION 90-01 - THE CITY OF RANCHO CUCAMONGA - A request to expand the boundaries of the City Sphere of Influence by approximately 1,155 acres in private ownership above the National Forest boundary in the vicinity of Day Creek and portions of the San Bernardino County unincorporated area east thereof. Staff report presented by Miki Bratt, Associate Planner. (0702-02 ANNEXATION) Mayor Stout stated that he has found an error on pages 229 and 244 of the agenda packet which needs to be addressed. He stated that item J on page 229 where it says "police protection is currently being provided by the San Bernardino County Sheriff's Rancho Cucamonga Substation" is incorrect, because Rancho's Substation does not provide police protection to the unincorporated areas. He added one- half of it is out of the Chino Hills Substation and one-half is provided out of the Fontana Substation. Mayor Stout added that this is the same situation on page 244, item J, that the police protection for that area is not provided by our Substation. He also brought up item M relating to animal control on both of these pages, which states "Animal Control is provided by San Bernardino County. Upon annexation San Bernardino County will continue to provide Animal Control Services", stating this is not accurate because the City will provide the Animal Control Services on contract now, and will provide our own service as soon as our on facility is complete. jack Lam, City Manager, stated the County provides service for the City under contract with the City. (48) (49) City Council Minutes May 16, 1990 Page 26 Councilmember Brown asked if currently the Fire District provides service to that area, so would it change under the annexation. Brad Bullet, City Planner, stated the annexation of the sphere does not change the District boundaries for fire protection, annexation into the City would cause a need to become part of the District. Chief Michael, Fire District, stated that right now that area is served by the California Department of Forestry (CDF), and added if there wasn't going to be any development in that area he did not think it was necessarily prudent to change this, but that it would be an issue for the Board of Directors to consider. Councilmember Brown felt this was something to consider. Brad Buller, City Planner, stated the reason we want to bring it into our planning sphere is because the County will allow development, and once develop happens, the Rancho Cucamonga Fire District will have to expand its boundaries to include it. He stated that one way or the other, unless the City takes it out and puts it into the City's planning, the City's goal is to make it open space and not to allow the development to encroach on some of the canyons where it is currently allowed under the County. Councilmember Brown suggested that item K should be reworded so this is clear. chief Michael, Fire District, stated whether the area is annexed or not, the District is still responsible for protection in that area. Lewis Trout stated as the representative for the Sierra Club, he would strongly support this area being under City control. Joe DiIorio read the following letters into the record: "The Caryn Company Post Office Box 216 So. Laguna, CA 92677-0216 Office (714) 499-5929 Fax (714) 499-5173 May 14, 1990 Ms. Miki Bratt, Associate Planner City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91729 Re: Annexation Nos. 90-01, 90-02 and 90-03 Dear Miki: City Council Minutes May 16, 1990 Page 27 Thank you for sending a copy of the Staff Report on the Intent to Annex. I have further distributed the information to some of the other landowners. As input into the City Council's discussion this Wednesday, I am confident that all of the landowners wish to remain cooperative with the City and that some or all may wish to annex into the City at a later date under the proper conditions. As we've discussed, if the City is preparing the Intent to Annex as preparation for a possible future friendly annexation(s), then the Council's actions may be appropriate. If the intent is to somehow force an annexation, it's the landowners' understanding of the law that it's the vote of the landowners, both private and public, within the proposed annexation area that determines whether the issue can even be put to a vote. If put to a vote, the landowners are the only eligible voters, and their voting rights prevail. If your views differ, please contact me. I will be happy to discuss the matter further before or at Wednesday's City Council meeting. Yours truly, /s/ Joseph N. DiIorio President JND/jas" "Joseph N. DiIorio Post Office Box 216 So. Laguna, CA 92677-0216 Office (714) 499-5929 Fax (714) 499-5173 May 16, 1990 City Council Members City of Rancho Cucamonga Re: Annexation Nos. 90-01, 90-02 and 90-03 Dear Council Members: In addition to my letter of yesterday to Miki Bratt: I continue to do a lot of soul searching on the annexation question. Fourteen years ago those of us who were working to incorporate the City wanted what is now Etiwanda North to be part of the City. I still would like to see that happen, but more than %hat, I want Etiwanda North properly planned, respecting the rights of all who are involved in the process. In these past 14 years, I have been involved in much of the regional and specific planning that affects this area. From that experience, given current conditions, I agree with the other landowners sponsoring the Etiwanda North Specific Plan that the process will work better and the end City Council Minutes May 16, 1990 Page 28 product will be better if it's completed in the County and not the City. It's our opinion that some City standards, whole honorable in their intent, are applied too arbitrarily to produce the highest overall standards. Process in the County, I believe the Specific Plan can respect a reasonable interpretation of the City's standards but with more flexibility to balance conflicting standards and objectives in order to produce the best overall plan while respecting a reasonable interpretation of the landowners legal rights. I would like to change my opinion, but if a complete annexation is to happen, then most of the other landowners have to be convinced. The largest and most critical landowner is the County Flood Control District. To expect the County to vote to hand over control of over 1,000 acres of valuable and sensitive property without a reasonable assurance of what will happen to that land is asking the County to neglect it's fiduciary and leadership responsibility. To concurrently make incorrect and inflammatory statements that the County is allowing inadequate roads and flood control facilities to be built is not productive. The City can't force this annexation. If we're cooperative, differences could be tolerated, if not resolved, for the goal of responsible planning. If we're lucy, ultimately most or all of Etiwanda North joins the City, just like what those of us who were here 14 years ago wanted. I look forward to the City/Landowner meeting called by the County for May 22, and would be happy to answer any questions now or later. Respectfully, /s/ Joe DiIorio JND/jas" Councilmember Brown asked if the densities would be higher or lower. Larry Henderson, Principal Planner, stated they would be lower. Councilmember Brown stated she would need additional information on the cost of services for the homes. Mayor Stout stated he felt the City's planning process was reasonable. He also described the City's density process. He stated the City does do things differently than the County because the process is different. Mayor Stout stated he did not have a problem with Mr. DiIorio wanting to develop in the County if he desires, but he did have a problem with him annexing these tracts into the City because they are not like Rancho Cucamonga's tracts. He stated Rancho Cucamonga does do things differently. Councilmember Buquet stated he agreed with Mayor Stout as far as if the County is going to approve something and it is done under County standards, it is in the City's best interests to annex the land. City Council Minutes May 16, 1990 Page 29 Councilmember Brown felt there were a lot of alternatives to consider if this is done in the City rather than the County. Councilmember Wright asked Mr. DiIorio why this wasn't included in the original annexation. Mr. DiIorio stated it was because of the problem of providing fire service for the area. Councilmember Wright stated her concerns were: Can the City, under the current system we have, provide law enforcement for this area? The answer is no. Will this area have to pay to an assessment district on their tax bill for law enforcement? The answer is yes. Does any other area outside this proposed annexation, or the most recent annexed area, have to pay for law enforcement? The answer is no. 4. She asked if a complaint of inequality be raised? The answer is yes. 5. Can the fee be increased without voter approval? The answer is yes. She felt people should not have to pay for law enforcement no matter what, and that if the City can't serve them, then we shouldn't take them in. She said she did not want this to be under the County, but wants to be fair and find another way to provide law enforcement services to these people and not have an assessment district on them. Councilmember Brown expressed her concerns for police services being given to this area if it is not annexed, and would like it investigated. Councilmember Wright asked for further clarification of this matter. RESOLUTION NO. 90-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF INTENT TO ANNEX 1,155 ACRES OF TERRITORY INTO THE RANCHO CUCAMONGA SPHERE OF INFLUENCE City Council Minutes May 16, 1990 Page 30 (so) (so) (ANNEXATION 90-01) IN PRIVATE OWNERSHIP ABOVE THE NATIONAL FOREST BOUNDARY IN THE VICINITY OF DAY CREEK AND PORTIONS OF THE SAN BERNARDINO COUNTY UNINCORPORATED AREA EAST THEREOF MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-228. Motion carried unanimously, 5-0. Councilmember Brown clarified that this is not voting on the police assessment districts. Jack Lam, City Manager, stated no, it does not put them in a police CFD, that it would have to be the City Council that would have to make that decision. , , , , H5. CONSIDERATION OF ANNEXATION 90-02 - THE CITY OF RANCHO CUCAMONGA - A request to annex approximately 3,700 acres of urbanizing territory in the area generally located north of the existing City limit, west of Etiwanda Avenue and east of Milliken Avenue. Staff report presented by Miki Bratt, Associate Planner. (0702-02 ANNEXATION) RESOLUTION NO. 90-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF INTENT TO ANNEX 3,700 ACRES OF URBANIZING TERRITORY (ANNEXATION 90-02) IN THE AREA GENERALLY LOCATED NORTH OF THE EXISTING CITY LIMIT, WEST OF ETIWANDA AVENUE AND EAST OF MILLIKEN AVENUE H6. CONSIDERATION OF ANNEXATION 90-03 - THE CITY OF RANCHO CUCAMONGA - A request to annex approximately 2,556 acres of urbanizing territory in the area generally located north of the existing City limit, eas~ of Etiwanda Avenue and west of the existing City limit. Staff report presented by Miki Bratt, Associate Planner. (0702-02 ANNEXATION) RESOLUTION NO. 90-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF INTENT TO ANNEX 2,556 ACRES OF URBANIZING TERRITORY (ANNEXATION 90-03) IN THE AREA GENERALLY LOCATED NORTH OF THE EXISTING CITY LIMIT, EAST OF ETIWANDA AVENUE AND WEST OF THE EXISTING CITY LIMIT MOTION: Moved by Buquet, seconded by Brown to approve Resolution Nos. 90-229 and 90-230. Motion carried unanimously, 5-0. , , , , , I. COUNCIL BUSINESS City Council Minutes May 16, 1990 Page 31 I1. CONSIDERATION OF APPOINTMENT OF JOHN MELCHER TO FILL VACANCY ON THE (51) PLANNING COMMISSION (0701-01 APPOINT PC) Councilmember Wright stated for the record she thinks John Melcher's integrity is beyond reproach and that she admires and respects him, but that perception is 100%, and that the appearance of fairness is everything. If the Commission is perceived as having a conflict of interest because of a link to developers, that would be reflected on the level of trust and that City government as a whole. She stated there are 115,000 people in Rancho Cucamonga and felt it was difficult to believe that no one else is qualified, interested, or available. Councilmember Brown concurred. MOTION: Moved by Alexander, seconded by Buquet to appoint John Melcher to the Planning Commission. Motion carried 3-2 (Brown, Wright no). J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Wright asked for a report on garages on all apartments and condos. J2. Councilmember Brown stated she would like an update on what the Planning Commission is doing on densities. K1. K. COMMUNICATIONS FROM THE PUBLIC Lewis Trout commended the Council for their openness. L · ADJOURNMENT MOTION: Moved by Buquet, seconded by Brown to adjourn to Executive Session to discuss personnel issues. The Executive Session is to adjourn to May 29, 1990 for a budget workshop to be held at the Lions Park Community Center. Motion carried unanimously, 5-0. The meeting adjourned at 12:20 a.m. Respectfully submitted, City Clerk Approved: June 20, 1990