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HomeMy WebLinkAbout1990/05/02 - Minutes May 2, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ A. C.~T.T. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, May 2, 1990, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:44 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles J. Buquet II, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Russ Maguire, City Engineer; Walt Stickney, Associates Civil Engineer; Jerry Grant, Building Official; Larry Henderson, Principal Planner; Alan Warren, Associate Planner; Miki Bratt, Associate Planner; Lori Moore, Assistant Planner; Mark McCollom, CDBG Consultant; Richard Alcorn, Code Enforcement Supervisor; Jim Hart, Administrative Services Director; Joe Schultz, Community Services Manager; Diane O'Neal, Administrative Analyst; Susan Mickey, Administrative Aide; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Lloyd Michael, Retiring General Manager, Cucamonga County Water District. Mayor Stout presented the proclamation to Lloyd Michael. B2. Mayor Stout announced that Councilmember Brown has been appointed to serve on LAFCO. , , , , , C. COMMUNICATIONS FROM THE PUBLIC City Council Minutes May 2, 1990 Page 2 Cl. Ron Ziebarth, resident of Rancho Cucamonga who was representing property owners who own recreational vehicles, stated they would like to submit a petition requesting the City Council to hold public hearings to change the Ordinance to allow residents to park their RV's on their own property. He also stated they would like a moratorium on the current Ordinance until the public hearing takes place. Mayor Stout asked him to submit their petition to the City Clerk. Mr. Ziebarth stated he would do this on Thursday, May 3 after he has made copies. Mayor Stout stated with regard to the RV issue, this matter would be discussed at the next meeting. Richard Alcorn, Code Enforcement Supervisor, confirmed it should probably be ready for the May 16 meeting. Andrew Arczynski, Assistant City Attorney, stated that depending on what the City Council decided, this is part of the Development Code and that it would have to go through the Planning Commission. C2. Steve Manning, President of Rancho Little League, stated various concerns with the facilities in which they play their games. He stated they are asking for immediate approval of temporary storage containers, and stated they would like an agreement to improve Old Town Park to meet game playing needs for the 1991 season. He further added they are in the process of circulating a petition which addresses their concerns, but was not ready to submit it at the present time. Rick Gomez, Community Development Director, stated staff has had conversations with Mr. Manning and that they are working on solutions to his problems. He further stated he would meet with him on Friday, which was acceptable to Mr. Manning. Mayor Stout felt the park issue should be referred to the Park & Recreation Commission for their May 17 meeting. He suggested that their recommendation come back to the City Council. C3. Betty Williams, Kinlock Street, complained about people parking on her street while they are attending Little League games at Church Street Park. She stated it has been difficult for her to get her mail because of this situation. Mayor Stout suggested that the Little League participants be sensitive to parking on Kinlock and not blocking residents' mailboxes. C4. Mayor Stout announced that the dedication of Old Town Park was Saturday and would be in conjunction with Cinco de Mayo. City Council Minutes May 2, 1990 Page 3 C5. Councilmember Brown stated that the residents from Nordic Development have asked that an emergency item be added to the agenda to consider possible litigation. MOTION: Moved by Brown, seconded by Alexander to add an emergency item on the agenda regarding Nordic Development. Motion carried unanimously, 5-0. Mayor Stout stated this would be the last item under Council Business. D. CONSEN~ CALENDAR D1. Approval of Minutes: April 4, 1990 D2. Approval of Warrants, Register Nos. 4/18/90 and 4/25/90; and Payroll ending 4/11/90 for the total amount of $1,705,568.71. D3. Approval to transfer $80,400.00 between Community Development Block Grant funded Southwest Cucamonga Street Improvement projects. ITEM PULLED FOR DISCUSSION BY MAYOR STOUT. (0203-04 CDBG) D4. Approval to adopt a resolution in support of H.R. 3389 which is the Billboard Control Act of 1989. (0807-02 SIGNS) RESOLUTION NO. 90-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO SUPPORT H.R. 3389, THE BILLBOARD CONTROL ACT OF 1989 D5. Approval to award and execute a Professional Services Agreement (CO 90- 064) with RJM Design Group, Incorporated, to prepare plans, specifications and estimates for landscaping the Milliken Avenue Underpass East and West Parkways (7th Street to Jersey Boulevard) and Median (6th Street to Jersey Boulevard) for a fee not to exceed $37,000.00 to be paid from the Redevelopment Agency funds, Account No. 13-50300. An additional 10% contingency allowance to be established for use under the approval of the City Engineer. (0511-01 AWARD) (0602-01 CONTRACT) D6. Approval to execute Improvement Agreement and Improvement Security for Parcel Map 9350, located on the northeast corner of Base Line Road and Nilliken Avenue, submitted by The William Lyon Company. (0602-01 AGREE IMPR) RESOLUTION NO. 90-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 9350 (1) (z) (3) (4) City Council Minutes May 2, 1990 Page 4 (6) (7) (8) D7. Approval to execute Improvement Agreement Extension for Tract 10349 located on the west side of Sapphire Street at Thoroughbred Street, submitted by Walton Hillside Estates. (0602-01 AGREE EXTN) RESOLUTION NO. 90-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 10349 DS. Approval to execute Improvement Agreement Extension for Parcel Map 9498 located on the northeast corner of Haven Avenue and 4th Street, submitted by Reiter-Rinker Gateway. (0602-01 AGREE EXTN) RESOLUTION NO. 90-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR P~RCEL MAP 9498 D9. Approval to accept Improvements, Release of Bonds and Notice of Completion for: DR 87-06, located on the southwest corner of Jersey Boulevard and Vincent Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $440,000.00 RESOLUTION NO. 90-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-06 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DR 88-21, located on the south side of 9th Street between Hellman Avenue and Vineyard Avenue (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 11,000.00 RESOLUTION NO. 90-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 88-21AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (9) D10. Approval to accept the Old Town Park Project. (0704-18 NOT COMPLT) City Council Minutes May 2, 1990 Page 5 RESOLUTION NO. 90-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE OLD TOWN PARK PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Dll. Approval of Preliminary Engineer's Reports and Setting Public Hearing on June 6, 1990 to levy the Annual Assessments and approve the Final Engineer's Reports for Landscape Maintenance Districts Numbers 1, 2, 3, 4, 5, 6, 7 and 8. (0401-00 REV & TAX) (0401-03 LNSCAPE MD) RESOLUTION NO. 90-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICTS NUMBERS 1, 2, 3A, 3B 4, 5, 6, 7 AND 8 RESOLUTION NO. 90-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NUMBERS 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 1990/91 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D12. Approval of Preliminary Engineer's Reports and Setting Public Hearing on June 6, 1990 to levy the Annual Assessments and approve the Final Engineer's Reports for Lighting Maintenance Districts Numbers 1, 2, 3, 4, 5, and 6. (0401- 00 REV & TAX) (0401-03 ST LT MD) RESOLUTION NO. 90-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR LIGHTING MAINTENANCE DISTRICTS NUMBERS 1, 2, 3, 4, 5, AND 6 RESOLUTION NO. 90-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LIGHTING MAINTENANCE DISTRICTS NUMBERS 1, 2, 3, 4, 5, AND 6 FOR FISCAL YEAR 1990/91 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO (ii) City Council Minutes May 2, 1990 Page 6 MOTION: Moved by Alexander, seconded by Wright to approve the balance of the Consent Calendar with the exception of item number D3. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D3. Approval to transfer $80,400.00 between Community Development Block Grant funded Southwest Cucamonga Street Improvement projects. Mayor Stout stated he did not know why the money was being transferred. Russ Maguire, City Engineer, stated it was mostly because of Placida Court. MOTION: Moved by Stout, seconded by Buquet to approve item D3. Motion carried unanimously, 5-0. , , , , , E. CONSENT ORDINANCES No Items Submitted. , , , , , F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF A RESOLUTION DESIGNATING STRANG 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 Stickhey, Associate Civil Engineer. (1110-00 STREET) Councilmember Alexander asked if the Fire District had reviewed this. Walt Stickney, Associate Engineer, stated no. Councilmember Alexander suggested the District look at this before Council makes a decision. He also expressed his concern for the one access only situation. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Don Smith who stated he felt this street could be extended. Mayor Stout asked if there was some kind of agreement between the homeowners to maintain the street. Mr. Smith stated they did not have an agreement, but felt everyone was in agreement about maintaining it. Councilmember Wright asked what was at the end of Strang Lane. City Council Minutes May 2, 1990 Page 7 Mr. Smith stated there was a gully, but felt it could still be extended. Susan Donnelly, Strang Lane, stated that if a street was to go through, it would take a lot of people's property away. Tom Barry described in detail the elevation situation. Melvin Pearl informed the Council of the cooperation among the residents of their street. Gary Thompson stated he felt the majority of the neighborhood is in favor of making this a private street. There being no further response, the public hearing was closed. Jack Lam, City Manager, stated a corrected Resolution had been distributed for the Council to consider for approval. Councilmember Alexander asked if Council approved the Resolution, would it stop them from negotiating with the property owners. Russ Maguire, City Engineer, stated this is only an action to make this a private street. Mayor Stout suggested that it be noted that the residents were in favor of this. Walt Stickney, Associate Civil Engineer, suggested this be added to the Resolution. Council concurred to add the following statement to "Exhibit A" of the Resolution: Sixty percent (60%) of the property owners signed the petition. One Hundred percent (100%) of the property owners at the public hearing were in favor of the private street designation. RESOLUTION NO. 90-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING STRANG 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 Brown to approve Resolution No. 90-186 as corrected. Motion carried unanimously, 5-0. City Council Minutes May 2, 1990 Page 8 F2. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FISCAL YEAR 1990-91 - The adoption of the Final Statement of Community Development Objectives for program year 1990-91 and the preliminary selection of projects based on an anticipated grant of $463,000.00. Staff report presented by Mark McCollom, CDBG Consultant. (0203-04 CDBG) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Brown inquired if the $30,000 could come from the RDA housing set- aside. Mark McCollom, CDBG Consultant, explained how the money was to be used. Jack Lam, City Manager, stated the $6,000 could not come from the housing set- aside funds and further explained this. Mayor Stout stated he would like to see $24,000 go toward the graffiti program. Mark McCollom, CDBG Consultant, stated he would make that modification within the allocation. RESOLUTION NO. 90-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR PROGRAM YEAR 1990-91. MOTION: Moved by Stout, seconded by Buquet to approve Resolution No. 90-187 as amended. Motion carried unanimously, 5-0. , , , , , F3. STREET NAME CHANGE 90-01 - CITY OF RANCHO CUCAMONGA -A proposal to change the name of Rochester Avenue (old portion) from 4th Street to a point approximately 600 feet north of 6th Street, a distance of approximately 8/10 of a mile. Planning Commission recommended name change to Charles Smith Avenue. Proposal to also change the name of the portion of Rochester Avenue (new portion south of 6th Street). Planning Commission recommended name change to Rochester Court. Alternative street names may be considered by the City Council. Staff report presented by Alan Warren, Associate Civil Engineer. (1110-00 STREET) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Buquet stated he has concerns with using both the first and last name for a street. He felt the City should steer away from doing this in the future. City Council Minutes May 2, 1990 Page 9 Councilmember Brown stated she agreed with Councilmember Buquet. RESOLUTION NO. 90-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET NAME CHANGE NO. 90-01 TO CHANGE THE NAME OF TWO PORTIONS OF ROCHESTER AVENUE TO CHARLES SMITH AVENUE AND ROCHESTER COURT RESPECTIVELY MOTION: Moved by Brown, seconded by Alexander to approve Resolution No. 90-188. Motion carried unanimously, 5-0. , , , · , , PUBLIC HEARINGS G1. CONSIDERATION OF AN APPEAL OF NOTICE TO ABATE PUBLIC NUISANCES - 8493 ETIWANDA AVENUE - APN 229-041-11 (Continued from April 18, 1990) Staff report by Richard Alcorn, Code Enforcement Supervisor. (0701-01 APPEAL) (0704-07 CODE ENFOR) Council inquired about the flags that were in the pictures. Richard Alcorn, Code Enforcement Supervisor, stated they are permitted for uses such as at model home complexes. Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Dwayne Bailey, representing Patcheck Development, stated there was an easement agreement, but that the City can no longer find a copy of it. He stated they have attempted to clean up the area. Councilmember Buquet asked him the last time he saw the property. Mr. Bailey stated today. Councilmember Buquet suggested he look at the pictures. Mayor Stout explained to Mr. Bailey that the flags are only allowed for such uses as at sales complexes for apartments and at model home complexes. There being no further response, the public hearing was closed. Mayor Stout informed the CounCil as to why the Planning Commission wanted the trail in the place it is in, and that with the condition it is in now, it was not doing anything for the appearance of the neighborhood. He added he felt they should maintain the trail and that the appeal should be denied. MOTION: Moved by Stout, seconded by Brown to deny the appeal. Motion carried unanimously, 5-0. City Council Minutes May 2, 1990 Page 10 (i7) H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF TRACT 13318, RAYFLOWER-BAYOUN - Developer's request of April 25, 1990 to accept a cash deposit in lieu of withholding occupancy. Staff report presented by Russ Maguire, City Engineer. (0602-01 BOND ACCPT) John Bayoun, representing Mayflower-Bayoun, stated that they would put up the deposit in order to move in. MOTION: Moved by Stout, seconded by Alexander to accept the deposit and not hold up occupancy. Motion carried unanimously, 5-0. , , , , , I. COUNCIL BUSINESS I1. CITY ADDRESSING POLICIES Staff report presented by Jerry Grant, Building Official. (1110-00 STREET) Mayor Stout suggested that the Ordinance dealing with street address posting be handled separately from the curb painting Ordinance. Councilmember Wright stated she agreed with separating the two issues. The Council concurred that street address posting should come back at the May 16 meeting for first reading. Mayor Stout stated he would like to give the curb painting issue some more thought. Councilmember Brown stated as Mayor Stout stated earlier, that the Council needs to know what kind of money commitment is involved. The Council concurred that the curb painting issue should come back with additional information. Councilmember Wright suggested when this information is brought back, that it include alternatives to financing of painting curbs, what other cities are doing, and what the City is doing now to have this done, and maybe some other creative solutions other areas have checked into. ACTION: Item to come back at the May 16 meeting. , , , , , City Council Minutes May 2, 1990 Page 11 I2. CONSIDERATION TO APPROVE THE TEMPORARY VARIANCE OF THE SPORTS FIELD LIGHT CURFEW POLICY AT RED HILL CITRUS LITTLE LEAGUE SENIOR FIELD FOR THE DATES OF JULY 8 - 20 - This variance will apply only to the 90-foot base path field located at the northwest end of Red Hill Park. Staff report presented by Joe Schultz, Community Services Manager. (1401-03 SPORT ACT) (1404-05 PARK) The Council asked questions as to what effects this would have by approving the variance. Councilmember Wright expressed her concerns about patrol for the area. MOTION: Moved by Brown, seconded by Buquet to approve the temporary variance. Motion carried unanimously, 5-0. , · , , · · I3. DISCUSSION ON SUPPORT OF CHINO BASIN MUNICIPAL WATER DISTRICT'S POSITION AND WATER CONSERVATION ISSUES (1204-00 WATER) MOTION: Moved by Wright, seconded by Buquet to refer this to the Environmental Management Commission. Motion carried unanimously, 5-0. , , , , , · I4. CONSIDERATION OF RESOLUTIONS SUPPORTING THE PASSAGE OF PROPOSITIONS 108, 111, AND 116 Staff report presented by Rick Gomez, Community Development Director. (1110-09 RAILROAD) (1206-06 TRANSPORT) Councilmember Brown stated Proposition 111 must pass for the commuter rail to happen. RESOLUTION NO. 90-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING PROPOSITION 116, THE RAIL TRANSPORTATION BOND ACT MOTION: Moved by Alexander, seconded by Brown to approve Resolution No. 90-189. Motion carried unanimously, 5-0. RESOLUTION NO. 90-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING PROPOSITION 111, THE TRAFFIC CONGESTION RELIEF AND SPENDING LIMITATION ACT OF 1990, AND PROPOSITION 108, THE PASSENGER RAIL AND CLEAN AIR BOND ACT OF 1990 MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 90-190. Motion carried unanimously, 5-0. (20) (21) City Council Minutes May 2, 1990 Page 12 (22) Mayor Stout called a recess at 9:14 p.m. The meeting was called back to order at 9:25 p.m. with all member of Council present. I5. ETIWANDA NORTH ANNEXATION AND SPECIFIC PLAN STRATEGY -Report by Council Subcommittee. (Oral Report) Staff report presented by Larry Henderson, Principal Planner. (1205-01 ANNEXATION) Mayor Stout opened the meeting for public input. Addressing the City Council was: Joe DiIorio, representing the Etiwanda North Landowners Consortium and a couple of other property owners in the area. He read the following letter into the record: "May 2, 1990 City Council Members City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91729 Re: Etiwanda North Strategy Dear Gentle People: The following is the response of the Etiwanda North Landowners Consortium to the City Council's Subcommittee report ont he Etiwanda North annexation. The Consortium wishes to remain cooperative with the City's efforts while developing our properties with the rights given us to us by the County's General Plan. It is our desire to produce a community that sets the highest overall standards for design, social and fiscal responsibility to the community. In that light, we suggest that in considering the Subcommittee's report the following items be brought forth: 1. It may not be in the City's best interests to refuse to annex properties in the future. 2. It probably would be non-productive to litigate to enforce a set of standards that may be internally inconsistent, but it should be very productive for the City and County staff to work cooperatively on the development of Etiwanda North. Annexation must be a cooperative effort to be successful, now or in the future. City Council Minutes May 2, 1990 Page 13 We again offer to cooperate in satisfying goals of the City and County while respecting the landowners' rights. We suggest that a review by the Subcommittee jointly with Staff and Consortium representatives be held so that various issues may be addressed in the proper form. Thank you for your willingness to take into account the feelings of the people most affected by your actions. Yours truly, Joseph N. DiIorio, for the Etiwanda North Landowners Consortium JND/jas" He also stated that in a previous letter he had written to Brad Bullet, City Planner, he indicated he felt there was a communications problem. He felt the landowners do want to build a good community. There being no further response, the public input session was closed. Councilmember Brown asked why, if the consortium wanted to make things good in Rancho Cucamonga, do they want to go to the County to get plans approved knowing their standards are lower than the City's. Mr. DiIorio did not feel County standards were lower than the City's. Councilmember Buquet felt there was a lack of continuity from the Etiwanda North area compared to the rest of the City. He felt the County should let the City process the proposed projects and let the City maintain them. Mayor Stout stated he felt the staff and Planning Commission have done a good job. He did not feel compromises should be considered. He also stated since this was in the County area to go ahead and let the County develop it. He did not feel this area had to be annexed because he felt the City did not necessarily have to have this land. Councilmember Wright stated she liked the strategy and felt it would help the present situation and assist for the future. Mayor Stout stated that just because someone gets a project approved by the County does not preclude them from going back through the City process. Councilmember Brown asked if this could go before the entire Board of Supervisors to try to turn over the planning of this in order to meet City standards for building. Andrew Arczynski, Assistant City Attorney, stated the Board would have to adopt a policy about this. Councilmember Brown felt this avenue should be investigated. City Council Minutes May 2, 1990 Page 14 (23) (24) Councilmembers Buquet and Wright concurred. Councilmember Brown stated she would like this recommendation to go to the Board of Supervisors. MOTION: Moved by Brown, seconded by Wright to confirm the direction of the Subcommittee. Motion carried unanimously, 5-0. MOTION: Moved by Brown, seconded by Wright that the City correspond with the Board of Supervisors that they take action on the City's request of last November and that they be informed of what action the Council took at this meeting. Motion carried unanimously, 5-0. I6. CONSIDERATION OF RELEASE OF BENEFICIAL INSECTS AFTER MALATHION SPRAYING PROGRAM (Oral Report) (1403-00 ENVIRON) Councilmember Wright stated that it is her understanding that the City can buy beneficial insects that might need to be replaced in the City due to the malathion spraying. She felt possibly some funds could be allocated for this, and asked staff to investigate the possibility. Councilmember Buquet stated his question was if the State really has things under control now, because if they didn't, he did not want to bring new insects into the City and have them sprayed with malathion. The cost factor for purchasing the insects was also discussed. Councilmember Wright suggested this go to the Environmental Management Commission to come up with a plan. MOTION: Moved by Wright, seconded by Brown to send this issue to the Environmental Management Commission. Motion carried unanimously, 5-0. The Council recessed at 10:12 p.m. to Executive Session. The Council reconvened at 10:21 p.m. with all members present. I7. EMERGENCY ITEM ADD-ON REGARDING NORDIC DEVELOPMENT (0703-01 LITIGATION) Andrew Arczynski, Assistant City Attorney, stated he is recommending the City Council instruct his office to initiate litigation with the developer to obtain injunctive relief to insure that Nordic homes currently under construction and completed homes comply with Health and Safety Code requirements, and if possible, to et the court's authorization to withdraw building permits from houses under construction pending completion of safety inspections from corrections of existing homes. City Council Minutes May 2, 1990 Page 15 Mayor Stout asked if Mr. Arczynski had a time line. Andrew Arczynski, Assistant City Attorney, stated they anticipate having something filed before the next City Council meeting. MOTION: Moved by Buquet, seconded by Alexander to proceed as stipulated by the Assistant City Attorney. Motion carried unanimously, 5-0. Mayor Stout opened the meeting for public input. Addressing the City Council were: Resident from Paradise tract in Colton stated she feels Colton's City Council was very weak, and asked the Council if they could contact the Mayor of Colton and ask them to take the same action that Rancho Cucamonga has taken. Councilmember Brown stated that she and Rick Gomez, Community Development Director, would be going on Monday to Sacramento to testify before a Senate committee regarding the "Bad Builders Ordinance". John Huggins stated he would like to see the engineer come to the rest of the houses and check them also. Mrs. Huggins stated she appreciated what the City is doing and for filing the lawsuit. Jan Wilder expressed her concerns for the cost to get repairs made to their home and for legal fees resulting from filing the lawsuit. She asked if the City could check into a way in which they could get financial assistance for these costs. She commended Jerry Grant for all of his efforts, but did not feel he should have had to do what he did alone. There being no further response, Mayor Stout closed the public input session. J. IDENTIFICATION OF ITEMS FOR NEXT MEETIN~ J1. Councilmember Alexander felt the relief assistance item for Nordic should come back. K. COMMUNICATIONS FROM THE PUBLIC K1. Lewis Trout asked for staff to check into the CEQA regulations as it relates to the replacement of bugs due to the malathion spraying. Jack Lam, City Manager, stated they would check into this, but felt this was an emergency action, and emergency actions are exempt from CEQA. City Council Minutes May 2, 1990 Page 16 K2. Duane Glass, Stratton Court, asked what the time frame was for the inspector who would come out to inspect his house in the Nordic Development. Councilmember Buquet stated they wanted Mr. Sullivan to do an inspection of each house. Councilmember Brown suggested that Mr. Glass work with Rick Gomez, Community Development Director. Rick Gomez, Community Development Director, stated that now that the program is in place, he would schedule Mr. Glass' inspection. K3. Mark Gutgleuck expressed his concern for the children who live in Heritage Park in Fontana that are going to school in the Etiwanda School District. He also asked if his publication could be left at City facilities as handouts for the public. Jack Lam, City Manager, stated he could leave copies of his publication in City facilities as long as he did not indicate it was a publication from the City of Rancho Cucamonga. He added that in the future, staff will be considering policies and procedures for outside publications in City public buildings, but this has not been accomplished yet. He stated at the present time, he is free to leave them at City facilities if he wishes. L · ADJOURNMENT MOTION: Moved by Brown, seconded by Alexander to adjourn the City Council to Executive Session to discuss labor relations, and for the Redevelopment Agency to adjourn to complete their Executive Session regarding property acquisition. Motion carried unanimously, 5-0. The City Council and Redevelopment Agency meetings adjourned at 10:48 p.m. Respectfully submitted, City Clerk Approved: June 6, 1990