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HomeMy WebLinkAbout1993/06/02 - Minutes June 2, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINLrTES Regular Meeting A. CAI,!, TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 2, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was cared to order at 9:01 p.m. by Mayor Pro Tem Charles J. Buquet H. Present were Councilmembers: William J. Alexander, Rex Gutierrez, Diane Williams, and Mayor Pro Tern Charles J. Buquet II. Also present were: Jerry B. Fulwood, Deputy City Manager; James Markman, City Attorney; Linda D. Danieis, Redevelopment Manager; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Joe O'Neii, City Engineer; Shintu Bose, Deputy City Engineer; Sigmund Dellhime, Management Analyst II; Cindy Hackett, Associate Engineer; Bob Dominguez, Administrative Services Director; Ingrid Blair, GIS Supervisor; Ann Hunsberger, Accounts Payable Supervisor; Chuck Varney, Sr. Business License Technician; Mary Kuhn Personnel Analyst I; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael and Ralph Crane, Deputy Fire Marshal, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. Absent was: Mayor Dennis L. Stmut, and Jack Lam, City Manager. B. ANNOUNCEMENTS/PRESENTATIONS BI. Jerry Fulwood, Deputy City Manager, stated an Executive Session was needed to discuss the possible settlement of the Lawson litigation mauer. C. COMMUNICATIONS FROM THE PUB!.IC No communications were made from the public. DI. Approval of Minutes: D. CONSENT CAI.ENDAR April 21, 1993 (Buquet absent) May 5, 1993 May 13, 1993 City Council Minutes June 2, 1993 Page 2 (i) (2) (3) (4) D2. Approval of Warrants, Register Nos. 5/12/93 and 5/19/93; and Payroll ending 5/6/93 for the total amount of $1,170,253.97. D3. Approval to authorize the Advertising of the "Notice Inviting Bids" for the AIm Loma Storm Drain Assessment District 84-2 Storm Drain Replacement at the north terminus of Hermosa Avenue, to be funded from Assessment District Fund 84-2, Account No. 95-4637-7043. (0601-01 BID) RESOLUTION NO. 93-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ALTA LOMA STORM DRAIN ASSESSMENT DISTRICT 84-2 STORM DRAIN REPLACEMENT," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to reject all bids as non-responsive and authorize the readvertising of the "Notice Inviting Bids" for the resuffacing of the equestrian rinks at Heritage Community Park located at the southwest comer of Hillside Road and Beryl Street, to be funded from PD-85 Red Hill and Heritage Redemption Fund Account No. 904637- 9221. (0601-01 BID) RESOLUTION NO. 93-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RESURFACING OF THE EQUESTRIAN RINK AT HERITAGE COMMUNITY PARK, LOCATED AT THE SOUTI-BVEST CORNER OF HILLSIDE ROAD AND BERYL STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to execute Reimbursement Agreement for undergrounding of overhead utilities for Tract 14192-1, located on Hellman Avenue south of Nineteenth Street, submitted by Hix Development Corporation, URA-015. (0602-01 AGREE REIM) RESOLUTION NO. 93-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR THE tINDERGROUNDING OF EXISTING OVERHEAD UTILITIES LOCATED ON HELLMAN AVENUE NORTH OF MONTE VISTA STREET TO NORTH OF NINETEENTH STREET AND ON NINETEENTH STREET FROM HELLMAN AVENUE TO 175 FEET EAST OF HELLMAN AVENUE D6. Approval of Historic Point of Interest Designation 93-01 - San Gabriel Valley Labor Association - Approval to designate the Cucamonga Labor Camp Site, located between Foothill Boulevard and Arrow Route, west of Cucamonga Creek, as an Historic Point of Interest - APN: 207-211-01, 18-21, 31, 32, and 34. Related File: Tentative Tract 15540. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER ALEXANDER. (1402-06 HISTORY) City Council Minutes June 2, 1993 Page 3 RESOLUTION NO. 93-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC POINT OF INTEREST DESIGNATION 93-01, THEREBY DESIGNATING THE CUCAMONGA LABOR CAMP SITE, LOCATED BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE, WEST OF THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL, AS A LOCAL HISTORIC POINT OF INTEREST, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-211-01, 18-21, 31, 32, AND 34 D7. Approval to accept the Milliken Underpass Project, CO 91-007, as Complete, Release Bonds and authorize the City Engineer to file a "Notice of Completion." (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 93-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE MILLIKEN UNDERPASS PROJECT, AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Williams to approve the staff recommendations in the staff reports contained in the Consent Calendar, with the exception of Item D6. Motion carried unanimously, 4-0-1 (Stout absent). DISCUSSION OF ITEM D6. Approval of Historic Point of Interest Designation 93-01 - San Gabriel Valley Labor Association - Approval to designate the Cucamonga Labor Camp Site, located between Foothill Boulevard and Arrow Route, west of Cucamonga Creek, as an Historic Point of Interest APN: 207-211-01, 18-21, 31, 32, and 34. Related File: Tentative Tract 15540. Councilmember Alexander asked for an explanation on this matter. Brad Buller, City Planner, stated that at this point, the conditions for the project have been established to be phques to be located at the entrances to the project identifying the historical relevance of the property. This is only to identify historical relevance to the property. Mayor Pro Tem Buquet asked if at some point in time could this escalate or the conditions increase, or is Mr. Bullet saying that the most that would be done would be designation as something of interest. Brad Buller, City Planner, stated if the project was to turn into another type of project, it might not be a plaque, that it might be something that would better fit with the new project. He stated it would be minimal with respect to identification. (s) RESOLUTION NO. 93-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC POINT OF INTEREST DESIGNATION 93-01, THEREBY DESIGNATING THE CUCAMONGA LABOR CAMP SITE, LOCATED BETWEEN FOOTHILL BOULEVARD AND ARROW City Council Minutes June 2, 1993 Page 4 (6) (7) ROUTE, WEST OF THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL, AS A LOCAL HISTORIC POINT OF INTEREST, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-211.01, 18-21, 31, 32, AND 34 MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 93-122. Motion carried unanimously, 4-0-1 (Stout absent). E. CONSENT ORDINANCES El. CONSIDERATION TO ADOPT AN ORDINANCE REGULATING NON-STORM WATER DISCHARGES AS REOUIRED BY THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Staff report presented by Sigmund Dellhime, Management Analyst II. (1110-10 STORM DR) (1204-00 WATER) Debra J. Adams, City Clerk, read the title of Ordinance No. 512. ORDINANCE NO. 512 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGULATING NON-STORM WATER DISCHARGES IN THE CITY OF RANCHO CUCAMONGA MOTION: Moved by Alexander, seconded by Gutierrez to waive full reading and approve Ordinance No. 5 12, and that a letter of protest be sent regarding this. Motion camed unanimously, 4-0-1 (Stout absent). F. ADVERTISED PUBI,IC HEARINGS ITEMS FI, F2, AND F3 WERE CONSIDERED AT THE SAME TIME. F1. CONDUCTING THE FIRST OF TWO ADVERTISED PUBLIC HEARINGS PERTAINING TO THE LEVY OF ANNUAl. ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVI=Nn:.NT DISTRICT (PD-85) (Continued from May 19, 1993) Staff report presented by Joe O'Neil, City Engineer. (0401-03 PARK AD) Mayor Pro Tern Buquet opened the meeting for public hearing. Addressing the City Council were: Roberta Copper, Victoria, commented on the percentages of her assessment bill. She felt the landscaping is at Level D, and stated she is frusn'ated by all the assessment charges. Carol Haney, Victoria, inquired about what the assessment money went for. She asked why the Water District's rates are not the same as the City's assessment increase. She asked if this is just an estimate. Mayor Pro Tern Buquet stated the estimate is high, but that the City is being proactive as to what they may be told will be the increase for next year's water rates. Ms. Haney asked about the sensor system and asked why it was not running yet. Joe O'Neil, City Engineer, stated the City is in the process of getting that running very soon. City Council Minutes June 2, 1993 Page 5 Ms. Haney stated she feels the residents think that the assessments will be approved whether they are for them or not. She asked if there could be public meetings so that the residents could find out where their money is going. Councilmember Williams felt it would be a very good idea for her to meet with Bob Dominguez and/or Joe O'Neil to have any questions answered. Councilmember Alexander commented on the lush landscaping in Victoria and silted that maybe it is too lush. Ms. Haney felt the landscaping is not being maintained at the same level as it was when she fh'st moved to her neighborhood. Councilmember Alexander stated that possibly they needed their own Homeowner's Association, which he did not think would work. Councilmember Gutierrez stated he agreed with Ms. Haney that the residents needed to be given the opportunity to decide how they wanted their landscaping to be. He stated he would like to submit a proposal with some adjustments that could be made to the Assessment Districts to try to minimize the amounts. He stated he is meeting with staff tomorrow and would be submitting something to the Council next week. Councilmember Williams stated the Homeowner's Association idea as suggested by Councilmember Alexander is still an altemative for the Victoria residents. Ms. Haney stated she did not mind paying for the assessment, but did not want to see the water running when it rains. She also felt a survey was needed of the Victoria residents as to the kind of landscaping they wanted. Jackie Bolda, Mt. Gunnison Court, pointed out that the Utility Tax did not include a library or animal control. She did not think that Caryn should have to pay for Victoria's survey either. She stated as people see a problem with the landscaped areas, they should call the City about it. Richard Carmona, 13935 Claremont, stated he has questions and passed along his written information to Rick Gomez to answer his questions. He stated Joe O'Neil and staff visited him to answer his previous questions. He stated he did not think he is getting his money's worth and silted he has more questions on the Assessment Districts. He asked for the Council to reject the assessment increases. Mike Dubbs, Victoria, asked if there were cost breakdowns provided from the last meeting. Mayor Pro Tem Buquet silted it is available from Joe O'Neil or Rick Gomez. Mr. Dubbs also commented on the landscaping in Victoria as compared to the other areas of the City. He stated he would like to see Victoria's cost compared to other areas of the City. Councilmember Alexander silted if a survey is conducted and a large percentage of residents want the landscaping reduced, it is something to he considered. ACTION: Item F1 to be continued to June 16, 1993, 7:00 p.m. in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga. City CouncilMinutes June 2, 1993 Page 6 (8) (9) F2. CONDUCTING THE FIRST OF TWO ADVERTISED PUBLIC HEARINGS PERTAINING TO THE LEVY OF ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NO. 1.2.3A. 3B. 4.5.6. 7 AND 8 (Continued from May 19, 1993) (o401-03 LNSCAPE MD) See Item F1 for discussion. ACTION: Item F2 to be continued to June 16, 1993, 7:00 p.m. in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga. F3. CONDUCTING THE FIRST OF TWO ADVERTISED PUBLIC HEARINGS PERTAINING TO THE LEVY OF ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1.2. 3,4. 5.6, 7 AND 8 (Continued from May 19, 1993) (0401-03 ST LT MD) See Item FI for discussion. ACTION: Item F3 to be continued to June 16, 1993, 7:00 p.m. in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga. Mayor Pro Tem Buquet called a recess at 10:12 p.m. The meeting was called back to order at 10:25 p.m. with all members of Council present, except for Mayor Stout. (lo) G. PUBLIC HEARINGS GI. CONSIDERATION OF TREE REMOVAL PERMIT 92-14 - HOWELL - Appeal of the Planning Commission's decision denying a request to remove two Eucalyptus trees located on the north side of North Victoria Windrows Lop, west of Rock Rose Avenue - APN: 227-411-42. (Continued from December 2, 1992) Staff report presented by Brad Buller, City Planner. (0701-06 APPEAL) (0203-02 TREES) Mayor Pro Tem Buquet opened the meeting for the appellant to speak. Addressing the Council was: Roxanne Howell first suggested if the City wanted to conduct a survey on Assessment Districts, they could do it through the A.C.T.I.V.E. Bulletin. She continued to mention the discrepancy in Jeff Barnes' report and the letter that was written. She stated she is not looking for a temporary solution, but is looking for removal of the trees. She stated she is not against trees in general, just the ones that are near her pool and that are making a mess. She stated she wants to get this resolved and that she does not want removal only, but also replacement. There being no further response, the public hearing was closed. Brad Buller, City Planner, presented recent photographs of the site for the City Council to see. Councilmember Alexander stated he is sympathetic with this request and felt the trees could possibly be replaced to give an evergreen appemance. City CouncilMinutes June 2, 1993 Page 7 Mrs. Howell felt possibly the Silver Dollar Eucalyptus would be acceptable to them. Councilmember Gutierrez stated he is concerned with the precedent that this would be setting, but felt if Mrs. Howell was willing to pay for the new trees, it is something to be considered. Mayor Pro Tem Buquet stated he is also concerned about the precedent this might be setting. Councilmember Williams stated she is concerned with the precedent this might set. She stated she sympathizes with the mess. Mayor Pro Tem Buquet stated he is concerned about killing the two trees. He stated this might be setting a precedenL Councilmember Alexander stated he does not want to set a precedent either, but felt this is a special consideration also. Councilmember Gutierrez asked if Mrs. Howell would be willing to pay to replace the trees with Silver Dollar Eucalyptus trees. Mrs. Howell stated yes. MOTION: Moved by Gutierrez, seconded by Alexander to allow the appellant to replace the trees in question with trees acceptable to the City as long as the appellant paid for them. Joe O'Neil, City Engineer, cautioned the Council on the selection of species of tree for the front yard. Motion failed 2-2-1 (Buquet and Williams no; Stout absent). Mayor Pro Tem Buquet stated the Council has the option to deny the tree removal permit without prejudice and refund the money Mrs. Howell has put up for the cost of it and to provide assistance to Mrs. Howell in the future, or the Council can continue the matter until Mayor Stout returns to break the tie vote. MOTION: Moved by Buquet, seconded by Williams to deny the permit without prejudice and refund Mrs. Howell $126.00 she has paid the City for the Planning Commission appeal. Motion earned 3-1-1 (Gutierrez no, Stout absent). Item KI was discussed at this time, but the minutes will remain in agenda order. H. CITY MANAGER'S STAFF REPORTS No items were submitted. City CounciiMinutes June 2,1993 Page 8 (x2) I, COUNCIl. BUSINESS I1. CONSIDERATION TO REVIEW AND STREAMLINE CITY COUNCIL SUBCOMMITTEES (0701-01 APOINT CC) Mayor Pro Tem Buquet felt this should be discussed by the Council because of what he considers a duplication of Subcommittees. He felt the Park and Recreation Subcommittee and the Park and Recreation Facilities Subcommittee should be consolidated into the original Subcommittee, i.e., the Park and Recreation Subcommittee. He said because of the Park and Recreation Facilities Subcommittee and the Park and Recreation Subcommittee, you have a violation of the Brown Act with three people discussing some of the same issues. He felt the Park and Recreation Facilities Subcommittee should be deleted. James Markman, City Attorney, commented on Brown Act requirements. MOTION: Moved by Gutierrez, seconded by Buquet to eliminate the Park and Recreation Facilities Subcommittee. Councilmember Alexander stated he felt this should wait until Mayor Stout returns. Motion was withdrawn. ACTION: Item I1 was continued to the June 16, 1993 Council meeting. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBI.IC K1. CONSIDERATION OF REOUEST TO DELETE STREET REOUIREMENTS FOR 10306 PAI.O AI.TO STREET - MR. MARK AUSTIN - LOCATED ON THE NORTH SIDE OF PALO ALTO STREET. EAST OF CENTER AVENUE (1110-10 STREET PI) Charles Doskow, attorney in Upland, stated his client does not agree they should have to dedicate the property to the City that they are being asked to dedicate. He continued to give more details about this. He stated he does not think the City should require dedication without compensation. He felt the City was trying to take property they have no right to. James Markman, City Attorney, stated he completely disagreed with Mr. Doskow. He continued to give information about this case. He stated Mr. Austin was aware of the City's requirements a long time ago and realizes that the City did make an error, but still felt the property should be dedicated. Councilmember Willlares stated she did not see a problem with the Ivy Lane dedication and felt the appeal should be Councilmember Gutierrez asked what the cost would be for the Ivy Lane dedication. Joe O'Neil, City Engineer, stated approximately $500.00 to $750.00. City Council Minutes June 2, 1993 Page 9 Rick Gomez, Community Development Director, stated Mr. Austin was fu'st notified of this in December 1990. Mayor Pro Tem Buquet stated that this is Mark Austin's Construction Company, and that he should know how this type of process works. MOTION: Moved by Williams seconded by Alexander for the City to require the dedication, but to absorb the cost of the preparation of the legal documents involved, and deny Mr. Austin's request. Motion carried 4-0-1 (Stout absent). Joe O'Neil, City Engineer, stated there is a requirement for the street improvements on Palo Alto which Mr. Austin has given no indication he will do that either. He stated he now has a letter from Mr. Doskow that there is a new owner of the property. K2. Joyce Eckoff stated she appreciated the "beatings" that the Council takes. She stated she appreciated the Council's foresight on things. She asked if there could be a Council Comer in The Grapevine to better publicize what the Council is doing. She stated so many residents don't know about all the programs the City has. She asked about the Ordinance signs that were supposed to be posted regarding the labor camp matter that was recently discussed. James Markman, City Attorney, stated the City Attorney's office would look into this. I,. ADJOURNMENT MOTION: Moved by Williams, seconded by Alexander to adjourn to Executive Session to discuss litigation settlement with the Lawson case. Motion carried unanimously, 4-0-1 (Stout absent). The meeting adjourned at 11:50 p.m. Debra J. Adams, CMC City Clerk Approved: July 7, 1993