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HomeMy WebLinkAbout1996/12/18 - Minutes December 18, 1996 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 18, 1996, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:16 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda Daniels, RDA Manager; Rick Gomez, Community Development Director; Larry Henderson, Principal Planner; Shintu Bose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Sandy Ramirez, Resource Services Supervisor; Jim Frost, City Treasurer; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Administration of Oath of Office to Jim Frost, City Treasurer, by Mayor William Alexander. Mayor Alexander administered the oath of office to recently re-elected City Treasurer Jim Frost. Jim Frost, City Treasurer, stated he enjoyed working with everyone and serving the community. B2. Presentation of Proclamation to Rancho Cucamonga Pop Warner Football Panthers recognizing their 1996 Mt. Baldy Conference Championship. Mayor Alexander presented the Proclamation to Steve Wilkerson, President of Pop Warner. Mr. Wilkerson pointed out that the grade point average of the team is 3.1 and what a great job they did this season. Coach'Mike thanked the Council for this recognition and also thanked the team, other coaches, team moms, cheerleaders and parents for their dedication and support this season. Mr. Wilkerson also thanked Jer[y Fulwood and Joe O'Neil for their work they did on the fields they were able to use. He also presented them with plaques. Hats, patches tee shirts were also given to the Councilmembers. City Council Minutes December 18, 1996 Page 2 Mr. Lansdale also congratulated the team and encouraged them to keep up the good work. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CALENDAR Jack Lam, City Manager, stated that Items D17 should be removed from the agenda, but that it would come back at a future meeting date. D1. Approval of Minutes: October 16, 1996 November 6, 1996 D2. Approval of Warrants, Register Nos. 11/27/96 and 12/04/96; and Payroll ending 11/28/96 for the total amount of $2,535,031.90. D3. Approval to receive and file current Investment Schedule as of November 30, 1996. D4. Alcoholic Beverage License for Off-Sale Beer and Wine for Am/Pm Mini Market, Prestige Stations Inc., northeast corner of Foothill Boulevard and Masi Drive. D5. Alcoholic Beverage License for On-Sale Beer and Wine for Taco Factory, Raquel Guillen, 10709 Town Center Drive, Suite 110. D6. Alcoholic Beverage License for Off-Sale Beer and Wine for Foothill Market, Anwar and Werken Innabi, 8161 West Foothill Boulevard. D7. Alcoholic Beverage License for On-Sale Beer and Wine for Salsa Fresh Mexican Grill, Marvin and Brenda Ann Plotkin, 9000 Foothill Boulevard, Suite 102. D8. Alcoholic Beverage License for On-Sale Beer and Wine for China Star Restaurant, Lee Chung Lam, 9638 Base Line Road. D9. Alcoholic Beverage License for Off-Sale Beer and Wine for Mobil, Daniel and Kathy Lee Reshaw, 9315 Base Une Road. D10. Approval of three month budget (April 1, 1996 - June 30, 1996) for Recreation Activity Center (former Gemco building) in the amount of $131,230.00 (Fund 134). ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. D11. Approval of City Insurance Indemnification D12. Approval of the Disposition of City owned property (Jasper Street) adjacent to Lot 22 of Tract 14072 - Diveraiffed Pacific Homes. City Council Minutes December 18, 1996 Page 3 RESOLUTION NO. 96-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING THE CITY ENGINEER TO SIGN THE QUITCLAIM DEED AND TO PRESENT SAME TO THE COUNTY RECORDER TO BE FILED FOR RECORD D13. Approval to release Real Property Improvement Contract and Lien Agreement for 6239 Archibald Avenue, located on the east side of Archibald Avenue, north of Lemon Avenue, requested by Lester A. And Rebecca A. Davies (APN 201-251-21) RESOLUTION NO. 96-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT WITH LESTER A. AND REBECCA A. DAVIES D14. Approval to execute contract (CO 96-060) for computer hardware maintenance with Westek Computer Services Inc. in the amount of $55,867.00 to be funded from Contract Services Account Number 01-4161-6028 for Fiscal Year 1996/97. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. D15. Approval to execute Improvement Agreement, Improvement Security, ordering the summary vacation of five feet of excess right-of-way along Main Street and ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Development Review No. 95-21, located on the south side of Main Street approximately 288 feet east of Archibald Avenue, submitted by the North Town Housing Development Corporation. RESOLUTION NO. 96-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 95-21 RESOLUTION NO. 96-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF FIVE FEET OF EXCESS RIGHT-OF-WAY ALONG MAIN STREET RESOLUTION NO. 96-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DEVELOPMENT REVIEW 95-21 City Council Minutes December 18, 1996 Page 4 D16. Approval of the Map, execution of Improvement Agreement, Improvement Security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. I and 2, and setting the public hearing date for the vacation of Agate Street and disposition of City owned property by quitclaiming Lot "C" of Tract 6846, for Tract No. 15730, generally located at the northwest comer of Beryl and Mignonette Streets, submitted by DPDC Rancho 45/Ltd., a California Limited Partnership. RESOLUTION NO. 96-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15730, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 96-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP NO. 15730 RESOLUTION NO. 96-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AGATE STREET AND DISPOSITION OF CITY OWNED PROPERTY BY QUITCLAIMING LOT "C" OF TRACT 6846 D17. Approval to release Faithful Perfort,,ance Bond and Labor and Material Bond (Railroad Crossings) for Parcel Map No. 12959-1 (Capellino Brothers). Release: I-aithful Performance Bond $ 223,095.67 Labor and Material Bond 111,547.84 MOTION: Moved by William, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of Items D10, D14 and D17. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D10. Approval of three month budget (April 1, 1996 - June 30, 1996) for Recreation Activity Center (former Gemco building) in the amount of $131,230.00 (Fund 134). Councilmember Williams stated she was confused about the dates. Jack Lam, City Manager, stated the dates should be 1997 instead of 1996. MOTION: Moved by Williams, seconded by Biane to approve Item D10. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D14. Approval to execute contract (CO 96-060) for computer hardware maintenance with Westek Computer Services Inc. in the amount of $55,867.00 to be funded from Contract Services Account Number 01-4161-6028 for Fiscal Year 1996/97. Councilmember Williams asked if this was part of the system purchased a long period of time ago and thought the maintenance was to be included in this. City Council Minutes December 18, 1996 Page 5 Jack Lam, City Manager, stated this maintenance contract is to include anything outside of warranty items. Councilmember Williams asked if it might not be cheaper to purchase new equipment rather than keep on with maintenance contracts for the old equipment. Jack Lam, City Manager, stated this is done at budget time, and that equipment is evaluated at that time to see if new equipment should be purchased or not. Councilmember Williams asked what the money for each item covers, if there is any kind of preventative maintenance (cleaning etc.) done, even if there are no repairs needed during the year. Jack Lam, City Manager, stated there is preventative maintenance done each year. Councilmember Williams asked for a little more detail to be included in the report next year when this comes up for approval. She asked at what time the City should be going out for a formal bid process for other companies that might be interested. Jack Lam, City Manager, stated the Purchasing Department goes out and gets an idea of what the pdces are out in the field and if the contract is pretty close to what is being quoted in the market, and the contractor is effective and doing a good job, then we continue with that contract. He pointed out if we have problems with the contractor or find the prices deviate from what the market is, then we go out to bid. Councilmember Williams stated she would like a little more information on the contracting and the bidding for this in order to make a decision. Jack Lain, City Manager, stated an information report can be provided to the Council about this process. Larry Temple, Administrative Services Director, stated they were hoping to approve the contract tonight, but they could go on a time and materials basis in the meantime. He added the contract has expired. Councilmember Gutierrez stated he would like a summary of every vendor in the City that the City is involved with. He felt there were some vendors out there that needed to be included in the process. Councilmember Williams stated she would like to see more information on this before she votes on the contract. Councilmember Biane asked at what level does the City need to go out for competitive bidding - the value of any contract. Jack Lam, City Manager, stated $15,000, but that this is not required to be done every year, that it can be done as he had explained previously by comparing a contract with the market rates. He added staff would be happy to provide more information to the Council in an informational report. Councilmember Williams stated she has noticed on the warrants there are computer expenses and stated she wondered why this is and also felt maybe there might be local people who can do the work. MOTION: Moved by Williams, seconded by Alexander to go on a time and materials basis for one month until more information can be submitted back to the Council in order to approve the contract. Motion carried unanimously, 5-0. City Council Minutes December 18, 1996 Page 6 No items were submitted. No items were submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS G1. DISCUSSION OF TERMS OF OFFICE FOR PLANNING AND HISTORIC PRESERVATION COMMISSIONS (Continued from December 4, 1996) Staff report presented by Rick Gomez, Community Development Director. Councilmember Curatalo stated he felt at the last meeting they had decided to extend the Planning Commission terms. He felt the options presented did not do this. James Markman, City Attorney, stated it depends on what period you are extending. He stated the actual Ordinance period ends in January of odd numbered years, so that this coming January there would be three Commissioners' terms that are up under the Ordinance. He added that the Council by minute action had extended that. He stated the Council now has a number of options in which to choose from. He continued to outline what the various options would accomplish. He felt Option 3 would accomplish what Councilmember Biane was wanting to do. Councilmember Biane stated he felt Option 3 was his first choice. Councilmember Gutierrez stated he felt it was a great meeting with the Planning Commission last week and that a lot was accomplished. He stated he did not want to give them a message that their terms would be cancelled in January or mid-1997. He felt 1998 would be a good time to do the interviews. Mayor Alexander stated he would like to see politics left out of this and would go along with Option 3. MOTION: Moved by Biane, seconded by Gutierrez to go with Option 3. Motion carried unanimously, 5-0. Debra J. Adams, City Clerk, read the title of Option 3, Ordinance No. 567. ORDINANCE NO. 567 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RANCHO CUCAMONGA MUNICIPAL CODE SECTION 2.20.050 PERTAINING TO THE MEMBERSHIP AND LENGTH OF TERMS FOR THE PLANNING COMMISSION Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 567 for January 15, 1997. Motion carried unanimously, 5-0. City Council Minutes December 18, 1996 Page 7 G2. CONSIDERATION OF A RECOMMENDATION TO ESTABLISH SPEED LIMITS OF 55 MPH ON ETIWANDA AVENUE FROM 4TH STREET TO ARROW ROUTE, 50 MPH ON ETIWANDA AVENUE FROM ARROW ROUTE TO FOOTHILL BOULEVARD, 55 MPH ON 4TH STREET FROM 1-15 TO ETIWANDA AVENUE, 50 MPH ON 4TH STREET FROM WEST CITY LIMIT TO HAVEN AVENUE, 55 MPH ON 4TH STREET FROM HAVEN AVENUE TO MILLIKEN AVENUE, 50 MPH ON 4TH STREET FROM MILLIKEN AVENUE TO 1-15. AND 50 MPH ON ARROW ROUTE FROM HAVEN AVENUE TO EAST CITY LIMIT Staff report presented by Paul Rougeau, Traffic Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 568. ORDINANCE NO. 568 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading for January 15, 1997. Motion carded unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS I1. DISCUSSION OF CITY COUNCIL SUBCOMMITTEE ASSIGNMENTS Staff report presented by Jack Lam, City Manager. Mayor Alexander asked if there was anyone that wanted to change any of their Subcommittees. Councilmember Biane stated he wanted to thank Councilmember Williams and Mayor Alexander for all of their work on the Park and Recreation Facilities Subcommittee since they had been meeting twice a month. He suggested that maybe these meetings should be held with the whole Council because of the importance of the issues discussed. Councilmember Williams felt there were a lot of stadium issues to be discussed and wondered if there should be a body to oversee the stadium, like a stadium authority. James Markman, City Attorney, stated if you get three or more Councilmembers involved in this, it would be like a regular Council meeting. He stated if there is something the whole Council should discuss, then it should be placed on the regular Council agenda. City Council Minutes December 18, 1996 Page 8 Councilmember Williams felt there should be another category on the agenda to discuss stadium issues. Councilmember Biane stated he would like to put these types of items on the regular Council agenda for everyone to discuss. Councilmember Williams suggested the Subcommittee be put on hold for awhile and that a section be added on the Council agenda to discuss Park and Recreation Facilities issues. The Council concurred with this suggestion. The Council continued to go through the list of Subcommittees. (A finalized list of the Subcommittee appointments is attached for reference) Councilmember Biane mentioned the appointment of two Councilmembers to work with the Planning Commission on the issues identified at the joint meeting recently held. Jack Lam, City Manager, pointed out these would be ad hoc committees. ACTION: The Council concurred that for the Foothill/Economic Development Ad Hoc Committee the members would be Biane and Williams; and for the Multi-Family/Sign Ad Hoc Committee the members would be Gutierrez and Alexander. 12. DISCUSSION OF FORMING TASK FORCE TO REVIEW CENTRAL PARK Staff report presented by Rick Gomez, Community Development Director. Mayor Alexander stated he would like to set up a Task Force like what was done for Route 30. Councilmember Williams stated she liked both options and felt all of the people that previously served on the Central Park Task Force should be invited to come back, but at the same time go ahead and advertise for new members since some of the old Task Force members are no longer around. She did not think they should start from scratch and felt the experience of some of the old members would be very valuable. She inquired of Mayor Alexander what his thoughts were of the size of the Task Force. Mayor Alexander stated not any larger than the Route 30 Task Force was. Councilmember Gutierrez stated he would like to be involved in the Central Park Task Force and would like to be on it. Councilmember Williams felt the whole Council should be involved in the discussion of this matter, and that it should not just be a Subcommittee of the City Council. James Markman, City Attorney, stated they could have a Task Force which could report back to the whole City Council as another option. Councilmember Biane felt it was good to go out to the whole community to get their input on this matter. He also felt it would be good for the whole City Council to be involved on the Task Force. Mayor Alexander stated he liked the Task Force concept and felt it worked very well for the Route 30 Freeway issue. Rick Gomez, Community Development Director, stated if the Council concurred, he would bring a report back at the January 15, 1997 Council meeting with suggestions for the setting up of the Task Force. City Council Minutes December 18, 1996 Page 9 ACTION: The Council concurred with the suggestion made by Rick Gomez. 13. DISCUSSION OF DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Councilmember Curatalo stated since he put this on the agenda he has learned new information about contribution limits. He continued to read his memorandum in the agenda packet changing the second line in the last paragraph to read "all campaign contributions from any person or organization seeking City approval or any item pending or approved within the past year". He stated because of Prop 208 the amount in his memorandum is not needed. Councilmember Gutierrez asked what does Prop 208 say. Councilmember Curatalo stated the contribution limit is at $250. James Markman, City Attorney, stated Prop 208, which was adopted in November, is something people ought to take a look at. He stated for a City like Rancho Cucamonga it limits contributions by any person to $250. He stated this can be doubled if the City Council adopts an ordinance which limits the total amount of money which may be spent by any candidate running for City office, and a candidate volunteers to live within that limitation, that candidate can then take $500 a person. He stated the amounts vary depending on if it is a state office, local office, etc. He stated they will be giving the Council a report to see if they want to do something with the overall expenditure limitation. He added that legislative counsel points out that several of the provisions found in Prop 208 have previously been invalidated by courts around the Country, so they are waiting for the litigation to ensue to straighten out Prop 208 also. He pointed out that the $1,000 limit in Councilmember Curatalo's memo becomes invalid because someone can only give them $250. Councilmember Biane stated he is not clear about Prop 208 and did not think he had enough information to vote on anything at this time. Councilmember Gutierrez stated what he hears Councilmember Curatalo saying is that he would like for the Council to disclose contributions at a Council meeting in addition to putting the information in their campaign reports. Councilmember Gutierrez stated if that is the intent, why not make the limit $50 or $99 and then the public would know exactly who is funding campaigns. He felt there were plenty of ways to skirt around whatever limit is set, but felt if this is what everyone wants, why not disclose all contributions and be up front with everything so people would know who is behind campaigns. James Markman, City Attorney, added Prop 208 states a City of under 100,000 has a limit of $100 to be accepted from any one person. He pointed out a contribution of $99 is not even disclosable. Mayor Alexander stated he felt the reporting that is done now is appropriate. He felt if something like this is going to be done, the Council should disclose aggregate amounts also. Councilmember Curatalo stated he wants to take the burden off of the public having to research the campaign disclosure information and to bring the information to them. Mayor Alexander felt Prop 208 should be researched more to see how it will affect Councilmember Curatalo's memorandum. City Council Minutes December 18, 1996 Page 10 Councilmember Gutierrez stated he would like to offer within the next year a version of campaign finance reform so that money that is contributed towards a Council campaign be exclusively from the City and that no more than $100 from an individual or $200 to $250 from a company or organization is received. He also felt that no employee unions that get paid and are dependent upon their salary and benefits through the Council's vote be allowed to contribute to their campaigns. He felt any Councilmember that is very close to someone that is in an employee union not be allowed to vote on salary and benefits. Councilmember Williams stated she felt the Council does comply with FPPC requirements and stated she has seen people excuse themselves from a vote because they had received funds from them. She asked the staff to get more information and bring it back to the Council. MOTION: Moved by Alexander, seconded Biane to table the issue and bring it back when it is more appropriate time after more information is available. Motion carried unanimously, 5-0. Mayor Alexander called a recess at 8:58 p.m. The meeting reconvened at 9:11 p.m. with all Councilmembers present. 14. DISCUSSION OF UTILITY USERS FEE AND PROPOSITION 218 (Oral) James Markman, City Attorney, presented information stating that in order to put the utility tax on the ballot, it will have to be done at a regular election date of the City Council unless it is declared an emergency, then it could go sooner. He stated it must be approved by a unanimous vote of the Council to declare it an emergency. He added it would have to be approved, under Prop 62, by a four-fifths vote of the Council to put the matter on the ballot, but that the Council could always go to the voters for an advisory vote. Jack Lam, City Manager, stated if you were to have an election out of the Prop 218 process, you would also have the disclosure requirements for any financial dealings you would have. He stated once you do this you would not have any unqualified opinions regarding those financings. He stated either you are not going to be able to do a financing or the rating goes down so low that your financing is so expensive because there is tremendous debt to the bond holders, and that the income stream supporting the financing would not be valid. James Markman, City Attorney, stated that the people can always put this on the ballot through an initiative process. Councilmember Gutierrez stated he appreciates what staff does and that what he does is what he thinks is the best thing for the City. He stated he has no problem puffing this on the ballot for the people to decide. He stated if he could get a reassurance that the Jarvis people would not sue the City no matter what the outcome of the election, he would want to put it to a vote now. He felt the people should have their chance to exercise their right to vote on this matter and felt it should be done as soon as possible. Councilmember Williams felt the City can be creative and felt they should not wait to put it on the ballot. She felt there are so many inconsistencies that the City should go ahead with the election. She felt the people should have the chance to vote on this. James Markman, City Attorney, stated the way he reads Prop 218 the only taxes required to be submitted were those enacted after January 1, 1995, and added it is silent on the City's tax. He stated one could very easily interpret Prop 218 as having constitutionally validated the City's tax which was enacted almost four years ago. He stated it isn't even in the category that Prop 218 is saying should be submitted to the voters. He felt this was City Council Minutes December 18, 1996 Page 11 a very viable interpretation. He felt the court could very well say that all taxes enacted after Prop 62 when all the turmoil was going on with those cases in the court of appeals, prior to January 1, 1995, are grandfathered by Prop 218. He stated this argument is now being made in the Butte County case. Councilmember Williams stated she feels it should go to a vote as soon as possible. Councilmember Curatalo felt it would be dishonest to declare it an emergency and did not think the Council should put it on the ballot at this time. Councilmember Biane felt it should go to a vote as soon as is legally possible. He felt the people should have the right to vote and that it should be done right away. Mayor Alexander stated no one likes taxes. He stated he would not cast a vote to put the utility tax on the ballot. He stated he is not willing to sacrifice law enforcement, fire services, graffiti removal, etc. He stated if the people say they do not want him in office, he will go on his way, but that he would not relinquish his responsibility by agreeing to this. He stated the City cannot respond to the public's needs without taxes. He stated he is angry with the state officials who never come to the local level except at election time. He added he is not in favor of puffing this on the ballot at this time. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Dennis Bishop, resident, had a prepared statement he read which is on file in the office of the City Clerk. He concluded by stating he did not feel the City needed the money and that the voters should decide the matter in 1998. Mr. Lansdale, resident, felt the City will be looking at a lawsuit if they wait for two more years to put this on the ballot and that it should go on the ballot as soon as possible. Gary Kendrick, resident, felt the people should have a vote on the utility tax. He stated the Jarvis people told him Prop 218 allows them to put this on the ballot. He stated he might put this on the ballot through the initiative process. Donald Martin stated he was present to talk to the Council about something he had talked to Councilmember Gutierrez about, and that was the children of the City. He stated he would like to see something done to help the children. He added he would like to see something done to help parents so they can talk to their children and bring everyone together. John Lyons, 11984 Dorset, stated he supported the utility tax when it was approved. He stated the utility tax helps support the law enforcement to fight gangs. He stated last night the City really saw the need for the fire department. He felt the Council has made a commitment for a phase-out program and liked that idea instead of eliminating it altogether. Pdmo Morales, 8210 Malvern, stated he would rather pay for the utility tax and not have his quality of life deteriorate. He felt the phase-out program will do what is intended. He felt reassured to know we have emergency services. Martin Luterez, resident, stated he did not mind paying a little extra for emergency services, but felt the City should look closer at the finances. He did not feel a vote should be rushed into. There being no further input, the public comments were closed. ACTION: No action taken. City Council Minutes December 18, 1996 Page 12 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Gutierrez stated he would like to discuss the way the City contracts with all of '~s vendors and would like to go through the bid list. He stated he would like to be able to say to people that the City is doing the best thing because they do want everyone to compete. J2. Councilmember Gutierrez stated he would like to review the City's regulations on small signs on poles, street lamps and street signs. He felt people should be responsible about puffing these up. K. COMMUNICATIONS FROM THE PUBLIC K1. Mr. Marlin stated he has contacted the television companies about taking the shows that are not very good off of TV and asked the Council if they can help. Mayor Alexander stated they would certainly look into this. Jack Lam, City Manager, stated he would like to respond to some of the comments made on the utility tax and Prop 218. He stated the utility tax was approved because of a lot of things that were enacted. He stated it was not only because of state take-aways, but that the City needed more police protection, and that part of the money was to pay for this. He stated it was also to fund 12 officers in 1993 and also a second DARE officer. He stated it took care of the NPDES mandate and the backfill of property taxes from the Fire Department. He stated the Council made a commitment that when it became healthy again, the tax would be phased out, which has started. He continued by correcting some of Mr. Bishop's comments made earlier. He agreed with Mr. Bishop that the City is in a healthier financial position than it was back then. He stated it is the City's goal to keep the funds healthy to provide the services for the City. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Biane to adjourn to Executive Session to discuss Property Negotiations per Government Code Secton 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties; regarding terms of payment. Motion carded unanimously, 5-0. The meeting adjourned at 10:26 p.m. No action was taken in Executive Session. ReApectfully submitted, Debra J. Adarfi~, CMC City Clerk Approved: February 5, 1997