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HomeMy WebLinkAbout1991/08/07 - Minutes August 7, 1991 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ A. CitT,T. TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 7, 1991, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 8:25 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, 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, Sr. RDA Analyst; Jan Reynolds, Assistant RDA Analyst; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Betty Miller, Associate Engineer; Jerry Grant, Building Official; Joan Kruse, Purchasing Agent; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. , , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Jack Lam, City Manager, requested an Executive Session at the conclusion of the meeting regarding personnel matters. , , , , , C. COMMUNICATIONS FROM THE PUBLIC No communications were made by the public. , , , , , City Council Minutes August 7, 1991 Page 2 (i) (2) (3) D. CONSENT ~AR D1. Approval of Minutes: July 3, 1991 July 17, 1991 (Wright absent) July 24, 1991 (Williams absent) D2. Approval of Warrants, Register Nos. 7/17/91 (FY 90/91), 7/17/91 (FY 91/92), 7/24/91 (FY 90/91), and 7/24/91 (FY 91/92); and Payroll ending 7/3/91 and 7/18/91 for the total amount of $4,590,940.10. D3. Alcoholic Beverage Application for On Sale Beer for Haven Park Deli, Hwan Ho and Young Ae Kang, 10574 Acacia Street. D4. Approval of the Advertising the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Assessment Districts 7 and 8, to be funded respectively by Account Numbers 47-4130-6028 and 48-4130-6028. (0601-01 BID) RESOLUTION NO. 91-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS 7 AND 8, IN SAID CITY AND AUTHORIZINGAND DIRECTING THE CITY CLERK TOADVERTISE TO RECEIVE BIDS D5. Approval of Resolution No. 91-012E to extend Comcast Cablevision's Franchise. (1205-01CATV) RESOLUTION NO. 91-012E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCANONGA D6. Approval of a Resolution amending Resolution No. 91-021 regarding the Leasing and Financing of 800 MHz Radio Equipment. (1205-01 RADIO COM) RESOLUTION NO. 91-021A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AMENDINGRESOLUTION NO. 91-021, ADOPTED JANUARY 16, 1991, AUTHORIZING THE LEASING OF CERTAIN CAPITAL EQUIPMENT FROM THE WEST END COMMUNICATIONS FINANCING AUTHORITY, AUTHORIZING AND DIRECTING EXECUTION OF A LEASE AGREEMENT AND A SUBLEASE, APPROVING SALE OF BONDS AND AN OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTIONS City Council Minutes August 7, 1991 Page 3 D7. Approval to expend an additional $474.00 to participate in the "Booking Fees" lawsuit against the County of San Bernardino, to be funded from Account No. 01-4285-6028. (0703-01 LITIGATION) (0401-12 FEES) (4) D8. Approval of Integrated Waste Coordinator position classification and range. (5) (0502-02 PERSONNEL) D9. Approval of Environmental Assessment and Tentative Parcel Map 13693 - Luna - An appeal of the Planning Commission's decision to require that Parcel 2 take access from Northridge Drive for a residential subdivision of one acre of land into two parcels in the Very Low Residential District located on the north side of Northridge Drive, west of Haven Avenue - APN 201-182-29 (related file: Variance 91-04). (0701-06 APPEAL) RESOLUTION NO. 91-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TENTATIVE PARCEL HAP, NUMBER 13693, TO SUBDIVIDE 1.0 ACRE INTO 2 PARCELS IN THE VERY LOW RESIDENTIAL DISTRICT, LOCATED ON THE NORTH SIDE OF NORTHRIDGE DRIVE, WEST OF HAVEN AVENUE - APN: 201- 182-29 D10. Approval to execute contracts for Bond Counsel (CO 91-046), Financial Advisor (CO 91-047), and Assessment Engineer Services (CO 91-048) in connection with formation and issuance of bonds for Proposed Communities Facilities District 91-1. (0602-01 CONTRACT) Dll. Approval to execute an agreement (CO 91-049) between the County of San Bernardino, the Rancho Cucamonga Fire Protection District, and the City of Rancho Cucamonga for the collection and disposal of common household hazardous waste. (0602-01 CONTRACT) D12. Approval to execute Flood Control District, Zone 1 Deer Creek Common Use Agreement No. FA 19103 (CO 91-050) for Bridge Crossings at Banyan and Church Streets. (0602-01 CONTRACT) RESOLUTION NO. 91-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR BRIDGE CROSSINGS AT BANYAN AND CHURCH STREETS (6) (7) (8) (9) D13. Approval to execute Play Fields Facility Use Agreement (CO 91-051) between (10) the City of Rancho Cucamonga and Chaffey College. (0602-01 CONTRACT) D14. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation of Landscape Areas to the work program of Landscape Maintenance District Nos. 3 and 4 for CUP 88-12, located north of Foothill Boulevard, east of Haven Avenue, submitted by Lewis Homes. (0602-01 AGREE IMPR) (0401-03 LNSCAPE MD) (11) City Council Minutes August 7, 1991 Page 4 (13) (14) (is) RESOLUTION NO. 91-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT NO. 88-12 RESOLUTION NO. 91-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF LANDSCAPE AREAS TO THE WORK PROGRAM OF LANDSCAPE MAINTENANCE DISTRICT NOS. 3 AND 4 FOR CUP 88-12 D15. Approval to execute Improvement Agreement Extension for Tract 12832 Day Creek Boulevard, located on proposed Day Creek Boulevard between Highland Avenue and Victoria Park Lane, submitted by the William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12832 DAY CREEK BOULEVARD D16. Approval to execute Improvement Agreement Extension for Parcel Map 11030, located on the northeast corner of Haven Avenue and Foothill Boulevard, submitted by Lewis Development Company. (0602-01 AGREE EXTN) RESOLUTION NO. 91-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11030 D17. Approval to execute Improvement Agreement Extension for Parcel Map 11891, located on southeast corner of Milliken Avenue and Arrow Highway, submitted by RCDC Associates. (0602-01 AGREE EXTN) RESOLUTION NO. 91-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11891 D18. Approval to accept Improvements, release of Bonds and Notice of Completion for Tract 13621, located on the northeast corner of Hillside Road and Hermosa Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $390,000.00 Accept: Maintenance Guarantee Bond (Street) $ 39,000.00 City Council Minutes August 7, 1991 Page 5 RESOLUTION NO. 91-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13621 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to release Maintenance Bond for Tract 13722 located on the (16) northwest corner of Victoria Park Land and Milliken Avenue. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $136,700.00 D20. Approval to release Maintenance Bonds for the following Improvement Projects: CO 88-089 - Traffic Signals and Lighting, Highland and Milliken Avenues; CO 88-095 - Red Hill Park Maintenance Facility; CO 88-152 - Replacement of White Alder Trees; and CO 88-173 - Ninth Street Rehabilitation, Vineyard to Baker Avenues. (0602-01 BOND REL) CO 88-089 Faithful Performance Bond (retained as Maintenance Bond) $ 81,332.00 CO 88-095 Maintenance Guarantee Bond $ 14,764.00 CO 88-152 Maintenance Guarantee Bond $ 3,745.80 CO 88-173 Faithful Performance Bond (retained as Maintenance Bond) $109,388.65 MOTION: Moved by Alexander, seconded by Buquet to approve the Consent Calendar. Motion carried unanimously, 5-0. , , , , , (i7) (i7) (is) (i8) E. CONSENT ORDINANCES El. ENVIRONMENTAL ASSESSMENTAND ETIWANDA SPECIFIC PLAN AMENDMENT 91-03 - CITY OF RANCMO CUCAMONGA - A proposal to amend the Etiwanda Specific Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) to Low Medium Residential (4-8 dwelling unite per acre) for the following subareas within the Etiwanda Specific Plan: (0203-05 ETIW SP) 2. Approximately 87.52 acres bordered on the north by Miller Avenue; on the east by East Avenue and a utility corridor; on the south by the Foothill Boulevard Specific Plan boundary, which is approximately 530 feet north of Foothill Boulevard; and on the west by Etiwanda Avenue. The (19) City Council Minutes August 7, 1991 Page 6 (20) City Council will also consider Low Residential (2-4 dwelling units per acre) as an alternative land use designation for this entire area. The Planning Commission recommends approval. - APN: 1100-131-01 and 02, 1100-141-01 and 02, 1100-151-01 and 02, 1100-181-01 and 02, and 1100-191-01. Debra J. Adams, City Clerk, read the title of Ordinance No. 451. ORDINANCE NO. 451 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 91-03, SUBAREA 2, AMENDING THE ETIWANDA SPECIFIC PLAN LAND USE MAP FROM MEDIUMRESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) DESIGNATION WITH A MASTER PLAN REQUIREMENT FOR APPROXIMATELY 87.52 ACRES OF LAND BORDERED ON THE NORTH BY MILLER AVENUE; ON THE EAST BY EAST AVENUE AND A UTILITY CORRIDOR; ON THE SOUTH BY THE FOOTHILL BOULEVARD SPECIFIC PLAN BOUNDARY, WHICH IS APPROXIMATELY 530 FEET NORTH OF FOOTHILL BOULEVARD; AND ON THE WEST BY ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-131-01 AND 02, 1100-141-01 AND 02, 1100-151-01 AND 02, 1100-181-01 AND 02, 1100-191-01 MOTION: Moved by Buquet, seconded by Wright to waive full reading and approve Ordinance No. 451. Motion carried unanimously, 5-0. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF ORDERING THE VACATION OF A PORTION OF AN ALLEY LOCATED SOUTH OF NINTH STREET AND VINMARTO SIERRA MADRE AVENUES Staff report presented by Mike Olivier, St. Civil Engineer. (1110-18 VACATE ACC) Councilmember Wright stated she did not want to see a situation occur where graffiti was occurring in this area and for the City to tell the residents they would not take care of the graffiti removal. Duane Baker, Assistant to the City Manager, stated he knew the residents wanted to get this blocked off. He stated if this does become private property, they would be provided the paint for graffiti removal. Councilmember Buquet felt there should be a complete closure of that area for pedestrian access, with something other than a chain link fence. Mayor Stout suggested the alley be divided in half with the residents picking up the area into their own yards. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: City Council Minutes August 7, 1991 Page 7 Richard Dano, lives on the corner to the west, stated he intends to run a block wall 150 feet down the alley. Councilmember Wright stated if this item is going to be brought back, she would be willing to meet at the site to get a better picture of what is to be brought back. Albe Campbell, 8734 Sierra Madre, stated he would be willing to move his block wall to help the situation. RESOLUTION NO. 91-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF AN ALLEY LOCATED SOUTH OF NINTH STREET FROM VINMAR TO SIERRA MADRE AVENUE MOTION: Moved by Buquet, seconded by Williams to continue the item to August 21, 1991 to work with the residents for a resolution to this matter. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF UPDATING ELECTRICAL REGULATIONS - This is a request to hold preliminary first reading of the ordinance and to set the date of September 4, 1991 for public hearing to consider adoption of the 1990 National Electrical Code with certain amendments. Staff report presented by Jerry Grant, Building Official. (0807-01 CODE BLDG) Mayor Stout 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. 311-A. ORDINANCE NO. 311-A (preliminary reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 15.24 ELECTRICALCODE, OF THE RANCHO CUCANONGA MUNICIPAL CODE; AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION; WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS TO SAID CODE MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set the public hearing for September 4, 1991 along with the first reading of the Ordinance. Motion carried unanimously, 5-0. City Council Minutes August 7, 1991 Page 8 (22) Mayor Stout called a recess at 9:00 p.m. The meeting reconvened at 9:10 p.m. with all Councilmembers present. G2. CONSIDERATION OF AN APPEAL OF ORDER TO MITIGATE STRUCTURAL HAZARDS OF UNREINFORCEDMASONRY STRUCTURE - 8847 NINTH STREET - SCHEUMANUFACTURING COMPANY - This is an appeal of an Order of the Building Official to mitigate structural hazards of an unreinforced masonry building, sent under the authority of Ordinance No. 417. Staff report presented by Jerry Grant, Building Official. (0701-06 APPEAL) Mayor Stout asked if there was an earthquake, would it be accurate to state this building would have serious difficulties. Jerry Grant, Building Official, felt that to be a fair statement. The City Council continued to ask various construction questions about this building. Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Paul Bialis, representing Leland Scheu, reported to the Council he had pictures of a cornerstone that had a date of 1957 and that the toilets have dates of June 20, 1955 and March 16, 1956, which he had submitted to the City. He stated there was no proof that this building was unreinforced. He felt the building had to be built after 1941 because of a geological survey he had from the state. Councilmember Buquet asked Mr. Bialis what he has done to validate the 1957 date on the cornerstone. Mr. Bialis stated he has done nothing. Mayor Stout suggested that with the way the Ordinance is structured, it would be to his benefit to follow item No. 1, and if a structural engineer found the building to be safe, they would be home free. He stated the other option was that within 270 days a structural analysis could be provided stating the building can be basically retrofitted so that it becomes safe. Councilmember Buquet felt the two options suggested by Mayor Stout would prove if the building was safe or not. There being no further response, the public hearing was closed. Councilmember suggested Mr. Scheu find out if the building was structurally sound. He felt the appeal should be denied until this proof can be provided or they could comply with the ordinance. Councilmember Alexander felt this building was built before 1946. City Council Minutes August 7, 1991 Page 9 MOTION: Moved by Buquet, seconded by Wright to deny the appeal. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS Hi. CONSIDERATION OF A RECYCLED PRODUCTS POLICY AND ORDINANCE AMENDMENT Staff (23) report presented by Joan Kruse, Purchasing Agent. (1170-04 RECYCLE) Debra J. Adams, City Clerk, read the title of Ordinance No. 328-A. ORDINANCE NO. 328-A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.08 OF THE RANCHO CUCAMONGA CITY CODE BY ADDING SECTION 3.08.240 RELATING TO PROCUREMENT OF RECYCLED PRODUCTS MOTION: Moved by Wright, seconded by Williams to waive full reading and set second reading of Ordinance No. 328-A for August 21, 1991. Motion carried unanimously, 5-0. H2. CONSIDERATION OF RESOLUTION AMENDING SPECIAL TAX FOR A.D. 88-2 DRAINAGE INFRASTRUCTURE Staff report presented by Jerry Fulwood, Deputy City Manager. (0401-00 REV & TAX) (0401-03 ETI N DR) Mayor Stout asked if the rate were to be set at the amount that is recommended to allow enough funds for the bond issuance, if the negotiations on the bond issuance fell through or if there was no longer a request, could the City establish a policy or some legal method for refunding the difference, and clarified if the City did not set it, that they would not collect it. Jerry Fulwood, Deputy City Manager, stated they would not recommend that bonds be issued this year until after they have set the rates high enough to handle that service. Jack Lam, City Manager, stated staff is not in a position to advocate either raising it or not raising it, that they only bring this issue to the Council to be responsive to a request from the Caryn Company that they feel bonds could be sold this year. He added if it is not set now, they would have to wait until next year. Councilmember Buquet asked why was this being done at the last minute, and why it was not done six months ago. (24) City Council Minutes August 7, 1991 Page 10 Jerry Fulwood, Deputy City Manager, stated the City had concerns about insuring that the infrastructure would be completed within a reasonable amount of time. He stated the general feeling is that it is not good money management to sell bonds, then hold those dollars for years, so the City waited until the Caryn Company told the City they were nearing completion and the City felt they could complete it within a reasonable amount of time before negotiations could be completed. Jack Lam, City Manager, added there were not any serious negotiations done on this issue until the last two weeks. He etated this was established as an Acquisition District. He stated in this case, the developer had not completed all the improvements, and in the recent past it had been indicated to the City that some of these improvements may not be completed for some time to come. He stated that given the situation where the Caryn Company has indicated they would like for the City to take a look at partial reimbursement for certain improvements, the City has structured a method which the bonds can be sold on an acceptable basis from the City's standpoint and that is why this issue was before the Council tonight. He stated this just happened to come up within the last couple weeks. Councilmember Buquet wanted to make sure the City could get everything ready to be put on the tax roles in the allotted amount of time given by the County. Jack Lam, City Manager, stated they have until August 19th, and that the City would be working with the County until that time to be sure that the proper assessments are placed on the properties. Councilmember Wright asked if there was any increase in this action to developed property, or was it for undeveloped property. Jerry Fulwood, Deputy City Manager, stated it was all for undeveloped property, that there was no impact whatsoever to developed property within the boundaries of this District. Councilmember Wright asked what would happen once this property was developed. Jerry Fulwood, Deputy City Manager, stated it would move over to the same rate as the current developed property. Jack Lam, City Manager, stated this would not affect any current or future homeowner. Mayor Stout opened the meeting for public comment. Addressing the City Council were: Mike White, Standard Pacific, 1565 W. MacArthur Blvd., Costa Mesa, stated he was also speaking on behalf of another land owner, Century American, who owns property in Tract 13566 which was directly south of his, stated they had received notice from the City in July that their assessment would not change for the next fiscal year. He stated yesterday he had received notice from another landowner that an increase would occur at this City Council meeting. He felt the increase proposed was substantial to the City Council Minutes August 7, 1991 Page 11 undeveloped land his company owned. He stated since he just received the notice yesterday about this increase, he would like more time to study the impacts it would have. He continued to express his concerns about this proposal. He reiterated he would like a two week continuance on this matter. Kevin Pohlson, Caryn Development Company, etated he had notified Mike White about the undeveloped land tax increase. He mentioned they have been working with the City for approximately two years on this project and what they have accomplished. He stated they would like to request tonight that if it is possible to work with the City Manager's Office, to follow their lead, and try to get their facilities in a position so they can be reimbursed on a portion-by-portion basis. He stated they intend to use the reimbursements and complete the rest of their facilities. He requested that they be able to separate the flood insurance program from this action into a program where they can work with the City Manager's Office and the City Engineer to satisfy the letter of map provision as quickly as possible after the facilities are completed unless there may not be a need for flood insurance, and felt they were very close on this. Jack Lam, City Manager, stated the only action before the Council tonight was to set the rate. He stated there are still many other issues left for negotiation, i.e., insurance. He stated if it was not set tonight and put on the tax roles, it does not matter what is negotiated next year, one would have to wait until the following year if one was contemplating full reimbursement as he felt everyone was contemplating. He stated the money from this tax would be used for infrastructure and minor administration to manage the Districts. He stated any money that was not used would go to the property owners. He stated the money could not be used for anything other than for the facilities in the District and that there was a maximum cap set on that already. He stated if the Council finds the assessments are too high, they can be reduced down the next year. Councilmember Buquet asked for clarification of the action they are being asked to take. Jack Lam, City Manager, stated when the property was taken into the City there was an agreement on the financing of infrastructure, and it was decided to do an Acquisition District. He added when you do an Acquisition District it is dependent upon how soon the proponent builds the facilities, which have not been built as quickly as the City had hoped. He stated the number of homes have not been built to support the bond issue as the City had also hoped. He stated there was a "safety valve" in the agreement whereby if there was not enough homes built to cover the bond issue, then the vacant land would pick up the remaining amount, which is where the City was today with the developer picking up that cost. He felt it would be inefficient to wait until next year if everyone wants to go ahead with the bond issue. He continued to inform the Council about the improvements to be made. He stated there were still many issues to be resolved before any bond issue can be sold and before reimbursements are actually made. He stated it has been indicated to staff that things can be worked out before the end of this fiscal year so that a bond issue can be made. City Council Minutes August 7, 1991 Page 12 (25) (26) Councilmember Alexander asked if Standard Pacific had put any money into the infrastructure. Mike White, Standard Pacific, stated they are not required to. Councilmember Wright stated she felt the City was being put in the middle of two developers with different viewpoints. Various questions were asked of Messrs. White and Pohlson by the City Council. James Markman, City Attorney, suggested if the Council wanted to do this, they should do it tonight, but that within the next seventy-two hours Jerry Fulwood, Deputy City Manager, could respond to the questions. Jack Lam, City Manager, stated staff was not happy with the time frame either, and that three weeks would not answer all of the questions, and felt there would be weeks and weeks of discussions on this. He stated at this point all they were trying to do was set the rate because there are many things that are not known yet. RESOLUTION NO. 91-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AND AMENDING ANNUAL SPECIAL TAX FOR A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 91-228 and that all necessary follow-up be done to make sure to address the concerns that have been raised and to allow the process to provide any clarification for anyone that comes in, and that if there is an overage collected, that it be refunded as appropriate. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS I1. DESIGNATION OF A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING (0701-01 APPOINT CC) MOTION: Moved by Williams, seconded by Alexander to select Councilmember Buquet as the representative. Motion carried unanimously, 5-0. , , , , , I2. CONSIDERATION OF RECOMMENDATION ON SELECTION OF CONSULTANT TO PREPARE REPORT ANDRECOMMENDATIONS ON DELIVERY OF DEVELOPMENTREVIEW SERVICES BY THE CITY AND THE FIRE DISTRICT, TO BE FUNDED FROM CITY ACCOUNT NO 01-4285-6028 (60%) AND FIRE DISTRICT ACCOUNT NO. 6980 (40%] Staff report presented by Linda Daniels, Deputy City Manager. (CO 91-052) (0602-01 CONTRACT) MOTION: Moved by Wright, seconded by Buquet to approve the contract with Arroyo Seco Associates. Motion carried unanimously, 5-0. City Council Minutes August 7, 1991 Page 13 J. IDENTIFICATION OF ITEMS FOR MElT MEETING J1. Councilmember Buquet reported that at the SANBAG meeting earlier today the Measure I arterial projects were approved by the Board. He stated the City has received approval for some funding of projects out of Measure I funding. Joe O'Neil, City Engineer, stated the projects that were approved were the Haven Avenue FAU project from 4th to Foothill and the two Measure I projects, Foothill to Church and Church to Base Line. He stated they are very pleased that those are being funded by Measure I. K. COMMUNICATIONS FROM THE PUBLIC No communications were made by the public. L. ADJOURNMENT MOTION: Moved by Wright, seconded by Williams to adjourn to Executive Session to discuss personnel matters. Motion carried unanimously, 5-0. The meeting adjourned at 10:45 p.m. Respectfully submitted, Debra J. A , CMC City Clerk Approved: September 18, 1991