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HomeMy WebLinkAbout1992/12/02 - Minutes December 2, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CAI,I, TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on December 2, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:09 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williams, and Mayor Dennis L. Stout. Also present were: Jack Lain, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, St. RDA Analyst; LeAnn Smothers, Redevelopmerit Analyst; Brad Buller, City Planner; Scott Murphy, Associate Planner; Cindy Norris, Associate Planner; Joe O'Neil, City Engineer; Robert Dominguez, Administrative Services Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District: Lt. Mike Ingram, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. John LeCompte, Rancho Baseball, presented the City Council tee-shim displaying the new and final logo of the Rancho Cucamonga Quakes haseball team. He also mentioned there were 1,460 season tickets sold which is a new California League first year franchise record. B2. Jack Lam, City Manager, announced that the Omnitrans Board selected Chuck Buquet as their new Chairman. C1. C. COMMUNICATIONS FROM THE PUBI.IC Don Morris, 6608 VanderbilL stated on behalf of 26 families he wanted to thank the City for what it has done with their graffiti problem. He complimented the expediency of the City and the Police Department when responding to graffiti problems. He encouraged the residents to be aware of the problem and help with this situation. City Council Minutes December 2, 1992 Page 2 (i) (2) (3) (4) (5) D. CONSENT CAI,ENDAR DI., Approval of Minutes: October 7, 1992 October 21, 1992 November 4, 1992 (Wright absent) D2. Approval of Warrants, Register Nos. 11/11/92 and 11/18/92; and Payroll ending 11/5/92 for the total amount of S 1,840,978.14. D3. Approval to Summarily Vacate a portion of the Beryl-Hellman Storm Drain Easement located south of 19th Street and west of He!iman Avenue, requested by Stephen and Mona Butters - APN: 202-041-58. (1110-18 VACATE ESM') RESOLUTION NO. 92-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF THE BERYL-HELLMAN STORM DRAIN EASEMENT LOCATED SOUTH OF 19TH STREET AND WEST OF HELLMAN AVENUE - APN: 202-041- 58 D4. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Number 9 of Parcel Map 13724, located on the south side of Foothill Boulevard between Interstate 15 and Etiwanda Avenue, submitted by The Price Company. (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 92-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL NUMBER 9 OF PARCEL MAP 13724 D5. Approval to execute the bi-annual agreements for use of City sports fields between the City and California Youth Soccer Association (CYSA) (CO 92-078), American Youth Soccer Organization (AYSO) (CO 92-079), R.C. Women's Soccer League (CO 92-080), Rancho Cucamonga Youth Softball (CO 92-081), Rancho Cucamonga Youth Softball (CO 92-082), R.C. Pony Colt (CO 92-083), R.C. Spirits (CO 92-084), and Rancho Cucamonga Pop Warner (CO 92-085). (0602-01 CONTRACT) D6. Approval to execute agreement (CO 92-086) with Etiwanda School District for use of gymnasium at Etiwanda Intermediate School for City sponsored youth basketball program; estimated cost $2,300.00 or less and paid through registrations in the 134563-39004230-3655 Account (0602-01 CONTRACT) D7. Approval to Accept Improvements, Release of Bonds and Notice of Completion for Tract 14192-1, located on the east side of Hellman Avenue south of 19th Street. (0602-01 BOND REL) (0704-18 NOT COMPL) Release: Faithful Performance Bond Accept: Maintenance Guarantee Bond $ 427,000.00 42,700.00 City Council Minutes December 2, 1992 Page 3 Storm Drain Release: Faithful Performance Bond Accept: Maintenance Guarantee Bond $ 69,000.00 6,900.00 RESOLUTION NO. 92-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LANDSCAPE AND STORM DRAIN IMPROVEMENTS FOR TRACT 14 192-1 AND AUTHORIZING. THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D8. Approval to Accept Improvements, Release of Bonds and Notice of Completion for CUP 88-28 located on the southwest comer of Foothill Boulevard and Malachite Avenue. (0602-01 BOND REL) (0704-18 NOT COMPL) Release: Faithful Performance Bond (Street) $ 8,930.00 RESOLUTION NO. 92-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 88-28 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Buquet, seconded by Alexander to accept the staff recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 5-0, with Gutierrez abstaining from the minutes. E. CONSENT ORDINANCES El. CONSIDERATION OF AMENDING SUBSECTION 5.04,330 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CORRECTING A TYPOGRAPHICAL ERROR PERTAINING TO BUSINESS LICENSES: GROSS RECEIPTS TAXES -- RENTAL OF COMMERCIAL PROPERTY (0401-00 BUS LIC) Debra J. Adams, City Clerk, read the title of Ordinance No. 504. ORDINANCE NO. 504 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 5.04.330 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Buquet, seconded by Willjams to waive full reading of Ordinance No. 504. Motion carried unanimously, 5-0. MOTION: Moved by Alexander, seconded by Buquet to approve Ordinance No. 504. Motion carried 4-0-0-1 (Gutierrez abstained). (6) (7) City Council Minutes December 2, 1992 Page 4 (8) (9) E2. CONSIDERATION OF PROPOSED AMENDMENT TO RANCHO CUCAMONGA MUNICIPAL CODE SECTION 12.04,010 - AMENDMENT TO PARK REGULATIONS TO ALLOW FOR CONDUCT OF ACTIVITIES AT SPORTS COMPLEX (1401-03 SPORT ACT) Debra J. Adams, City Clerk, read the title of Ordinance No. 505. ORDINANCE NO. 505 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CUCAMONGA, CALIFORNIA, AMENDING SECTION RANCHO CUCAMONGA MUNICIPAL CODE CITY OF RANCHO 12.04.010 OF THE MOTION: Moved by Buquet, seconded by Willjams to waive full reading of Ordinance No. 505. Motion carried unanimously, 5-0. MOTION: Moved by Alexander, seconded by Buquet to approve Ordinance No. 505. Motion carried 4-0-0-1 (Gutierrez abstained). F. ADVERTISED PUBLIC HEARINGS F1. REVIEW OF THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FISCAL YEAR 1993 ANNUAL PLAN AND FISCAL YEAR 1992 ANNUAL PERFORMANCE REPORT - The Annual Plan is an update to the CHAS one-year action plan for Fiscal Year 1993 that covers the period from October 1, 1992 to September 30, 1993. The Annual Plan evaluates the needs for affordable and supportive housing set forth in the CHAS five-year strategy and establishes a one-year investment plan that outlines the intended use of resources, sets goals for numbers of individuals and families to be assisted, and describes activities to be undertaken to meet those goals. The City's performance toward meeting affordable housing goals during the 1992 fiscal year is evaluated in the Annual Performance Report. Staff report presented by Cindy Norris, Associate Planner. (0203-04 HOUSING) Councilmember Gutierrez asked what the mechanism is to help people with special needs. Cindy Norris, Associate Planner, stated the program helps people of all types with various needs. Jack Lam, City Manager, added annually the City Council considers priorities on how the money will be spent Mayor Stout stated the Federal Government also has criteria for how the money will be spent. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 92-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FISCAL YEAR 1992 ANNUAL PERFORMANCE REPORT AND FISCAL YEAR 1993 ANNUAL PLAN FOR SUBMITTAL TO THE DEP.,iRTMENT OF HOUSING AND URBAN DEVELOPMENT City Council Minutes December 2, 1992 Page 5 MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 92-297. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS G1. 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 Loop, west of Rock Rose Avenue - APN: 227-41142. (Continued from November 18, 1992) Staff report presented by Scott Murphy, Associate Planner, who also presented a video. (0203-02 TREES) Councilmember Gutierrez asked about the maintenance schedule for the trees. Joe O'Neil, City Engineer, stated it is about every five years or sooner if needed. Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Roxanne Howell who stated the trees had never been trimmed since they were planted in 1985 until she complained at the Planning Commission meeting. She stated there are leaves and other droppings that fall in her yard all year round which continually make a mess on her concrete and pool. She did not think this would set a precedent if the appeal were granted. There being no further response, the public hearing was closed. Councilmember Gutierrez asked if there had been a record of her complaint about the maintenance of the trees. Joe O'Neil, City Engineer, stated there was a record of complaint, but that staff was not sure in the beginning if the trees were in the easement or on Mrs. Howell's property. He added it was later determined that the trees were in the easement and that the City accepts the responsibility for the maintenance of them. Councilmember Alexander asked if there were other types of eucalyptus trees that did not drop leaves as much as Mrs. Howell's did. Brad Buller, City Planner, stated that all types of eucalyptus trees drop leaves. Councilmember Buquet asked why these eucalyptus trees were selected for this area. Brad Buller, City Planner, stated because they are the hardiest. Councilmember Gutierrez stated he is concerned that this might set a precedent, but is sympathetic to Mrs. Howell's request. Councilmember Alexander asked if now that the tree has been trimmed, if it helped the mess. Ms. Howell stated no. She felt the silver dollar eucalyptus would not be as messy. Councilmember Alexander did not feel comfortable with this tonight, and wanted to look into the matter further. Councilmember Willjams and Mayor Stout stated they had previously looked at the site. (x0) City Council Minutes December 2, 1992 Page 6 Councilmember Willjams felt the City should look at all the trees in the easement to see if they are appropriate for their location. Councilmember Gutierrez asked if there have been other complaints about this same type of problem. Brad Buller, City Planner, stated he knew of a half dozen that he had personally dealt with. Councilmember Buquet stated he was not in favor of taking the tree out, but felt the City should do what they can to help minimize the problem that the trees are causing. He felt it would take cooperation by both the City and Mrs. Howell. He suggested staff look at this furlher before something is decided. He felt this should be looked at for an additional 90 days. He felt the appeal should be denied, but for staff to work with Mrs. Howell on a solution to the problem. Councilmember Gutierrez stated he would like to wait and get more information before he decides, but did not feel the tree should be ripped out. MOTION: Moved by Alexander. seconded by Gutierrez to continue the matter to the March 3, 1993 meeting at 7:00 p.m. Motion carned unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIl. BUSINESS II. CONSIDERATION OF FORMING A GRAFFITI TASK FORCE (Oral Report) (0704-07 VANDALISM) Mayor Stout stated he and Councilmember Buquet currently serve on the Law Enforcement Subcommittee. He stated they are considering forming a Graffiti Task Force and would like this formally agendized for the December 16, 1992 meeting to bring a proposal to the Council on what that Task Force would consist of and what its tasks would be. He felt the City already has one of the most successful graffiti removal programs of any City anywhere in the valley, if not the State of California. He stated it is extremely costly and there is still graffiti that needs to be dealt with. He stated they wanted to look beyond traditional approaches and start looking into more non-traditional approaches. Councilmember Buquet stated the legal structure that exists to deal with the people that do this anti-social activity does not make it easy to come up with a long-term solution. He stated the way the juvenile program is now, once a juvenile is caught he is only advised not to do this again and let go without anything done to help recover the City's cost for the removal. He stated the penal code system does not provide juvenile laws to get tough and remedy this problem. He asked for the Council to allow the Subcommittee to work with the City Attorney to draft an ordinance to provide for full recovery of abatement cost. Mayor Stout stated the City needs some method of getting the graffiti removed if a property owner does not want to assist with the problem and charge them for the removal. He felt the City should be able to go on property as the County Weed Abatement Department does to get the graffiti removed within 24 hours. City Council Minutes December 2, 1992 Page 7 Councilmember Buquet stated he would like the Law Enforcement Subcommittee to work with the City Attorney's offic~ to develop an ordinance to help take care of this problem. Mayor Stout stated he would like to also praise staff as the gentleman did at the beginning of the meeting for all the work they have put into the graffiti program. Councilmember Williams commented on the graffiti "bomb" that took place in the City a few weeks ago and the effort that took place to clean it up. Councilmember Gutierrez agreed with the ordinance idea. He felt there needed to be an educational process for the public and to band together to fight this problem. Councilmember Buquet stated he would like to possibly set up an incentive program to help combat the problem. Jim Frost, City Treasurer, Zone I Advisory Flood Control Committee, stated the Committee sponsored a meeting last month regarding graffiti abatement and that they would like to pull in elected officials to see what can be done to fight this problem. Councilmember Gutierrez stated he would definitely like to get involved. ACTION: To come back at the December 16, 1992 meeting. .I. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Councilmember Gutierrez asked for a Day Laborer update and also updates on the Library and Central Park. Jack Lam, City Manager, stated staff would be setting up meetings with him to inform him on these subjects. K. COMMUNICATIONS FROM THE PUBI.IC No communication was made from the public. I.. ADJOURNMENT MOTION: Moved by Alexander, seconded by Gutierrez to adjourn to an Executive Session to discuss personnel matters. Motion carried unanimously, 5-0. The meeting adjoumed at 8:36 p.m. s"~ectfully itted, City Clerk Approve, d: January 6, 1993