HomeMy WebLinkAbout1997/06/26 - Agenda Packet - Adj (PD-85)AGENDA
CITY OF RANCHO CUCAMONGA
CITY COUNCIL
Pledge of Allegiance
Roll Call:
Alexander __., Biane
Adjourned Meeting
June 26, 1997 ~ 7:00 p.m.
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, Califomia
A. CALL TO ORDER
, Curatalo __, Gutierrez __., Williams__
B. CONSENTCALENDAR
The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon
by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the
audience for discussion.
Approval to amend Joint Use Agreement (CO 89-130) between the Chaffey Joint Union
High School District and the City of Rancho Cucamonga for usage of Alta Loma High
School Recreational Facilities.
C. ADVERTISED PUBLIC HEARING
The following item has been advertised and/or posted as a public hearing as required by law. The Chair will open
the meeting to receive public testimony.
1. CONSIDERATION TO CONTINUE THE ASSESSMENT FOR PD-85
A. Staff report presentation
B. Receive public testimony
C. Canvassing of vote
D,
Recommended actions: (Note - there are two versions of each Resolution listed
below depending on the outcome of the tabulation of the votes)
RESOLUTION NO. 97-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE
OCCURRENCE OF A BALLOT PROTEST PROCESS CONCERNING
THE ASSESSMENTS FOR THE MAINTENANCE AND OPERATION OF
RED HILL COMMUNITY PARK AND HERITAGE COMMUNITY PARK
WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT PD-85-
R IN THE CITY OF RANCHO CUCAMONGA WHICH CONCLUDED
ON JUNE 26, 1997 AND DECLARING THE RESULTS THEREOF
RESOLUTION NO. 97-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN PARK AND RECREATION
IMPROVEMENT DISTRICT NO. PD-85-R (HERITAGE AND RED HILL
COMMUNITY PARKS
D. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City Council. State law prohibits the Council
from addressing any issue not previously included on the agenda. The Council may receive testimony and set the
matter for a subsequent meeting. Comments are to be limited to five minutes per individual.
E. ADJOURNMENT
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the
foregoing agenda was posted on June 19, 1997 seventy-two (72) hours prior to the meeting per Government Code
54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: June 26, 1997
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Jerry B. Fulwood, Deputy City Manager
SUBJECT: Revised Joint Use Agreemere Between Chaffey Joint Union High School District
and the City of Rancho Cucamonga for usage of Alta Loma High School Recreational Facility.
RECOMMENDATION
Approval of Joint use Agreement between Chaffey Joint Union High School District and the
City of Rancho Cucamonga for continued usage of Alta Loma High School.
BACKGROUND
The City of Rancho Cucamonga currently has a Joint Use Agreement with the Chaffey Joint
Union High School District for usage of Alta Loma High School Recreational Facilities.
However, the School District will be seeking a grant from the State to upgrade its recreational
facilities at Alta Loma High School. The amended Agreement will permit the City to use the new
facility at no additional cost to the City or Community.
R~ · lly su mit
Deputy City Manager
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
June26, 1997
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Rick Gomez, Community Development Director
PD-85R ASSESSMENT PROTEST PROCESS TABULATION
ANALYSIS:
It accordance with the City Council direction at the December 6, 1996, workshop regarding
Proposition 218 and its impacts to PD-85R, staff has completed the necessary steps to accomplish
a property owner election before July 1997. The following schedule has been nearly completed.
City Council adopts Resolution to take the following actions:
· Declaring its intention levy and collect assessments with
PD-85R for the fiscal year 1997/98 pursuant to the
Landscaping and Lighting Act of 1972.
· Approving an Engineering Report in relation to PD-85R.
· Approving ballot materials relating to the operation and
maintenance portion of PD-85R.
· Setting a time and place for a hearing and canvassing
objections.
Last day for City Clerk to submit ballot materials to Elections
Consultants for printing and mailing preparation.
Election Consultant delivers ballots to Post Office for Mailing
Last day for City Clerk to submit 1 O-day Public Hearing Notice
Wednesday, April 2, 1997
Thursday, April 17, 1997
Thursday, May 8, 1997
Wednesday, June 11, 1997
CITY COUNCIL STAFF REPORT
PD85-R ASSESSMENT PROTEST PROCESS TABULATION
June 26, 1997
Page 2
BACKGROUND:
PD-85 was formed July 1, 1985 by City Council action for the purpose of funding construction and
maintenance and operations for Red Hill (44 acres), and Heritage (40 acres) Community Parks.
PD-85 is self-supporting in that all of the funds collected are used to retire the bonds used to
construct the parks and for all annual operational and maintenance expenses at these parks.
These assessments have been stable since 1993. Proposition 218 now requires the existing property
owners to ratify the existing rates for maintenance through an election prior to July 1, 1997. The
vote to ratify the existing maintenance portion of $31.00 of the total assessment amount of $52.00
per year per single family residence. The approximate 25,000 property owners have received a
ballot in the mail with a detailed explanation of the ballot, the voting process, the dollar amounts
involved, and the date to return the ballot. The majority of those ballots returned by property
owners will determine if the annual operational funds will continue to be collected through the
District to maintain these parks. The ballots will then be tabulated at the June 26, 1997 public
hearing conducted by the City Council.
RECOMMENDATION:
Conduct a public hearing to prepare a final tabulation of those ballots returned and approve the
attached Resolutions. Each Resolution is accompanied with an alternative for both the continuation
of the assessment or the exclusion of the assessment for the operation and maintenance of Red Hill
and Heritage Community Parks.
Respectfully submitted,
.
Community Development Director
CITY COUNCIL STAFF REPORT
PD-85R ASSESSMENT PROTEST PROCESS TABULATION
June 26, 1997
Page 3
Attachments:
Resolution 97- * * *
A Resolution of the City Council of the City of Rancho Cucamonga, Califomia,
ordering the levy and collection of assessments within the Park and Recreation
Improvement District No. PD-85-R (Heritage and Red Hill Community Parks)
Resolution 97- * * *
A Resolution of the City Council of the City of Rancho Cucamonga, California,
reciting the fact of the occurrence of a ballot protest process concerning the
assessments for the maintenance and operation of Red Hill Community Park and
Heritage Community Park within Park and Recreation Improvement District PD-85-
R in the City of Rancho Cucamonga which concluded on June 26, 1997 and
declaring the results thereof.
A RESOLUTION OF THE (~ITY COUNCIL OF THE ~
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RECITING THE FACT OF THE OCCURRENCE OF A
BALLOT PROTEST PROCESS CONCERNING THE
ASSESSMENTS FOR THE MAINTENANCE AND
OPERATION OF RED HILL COMMUNITY PARK
AND HERITAGE COMMUNITY PARK WITHIN
PARK AND RECREATION IMPROVEMENT
DISTRICT PD-85-R IN THE CITY OF RANCHO
CUCAMONGA WHICH CONCLUDED ON JUNE 26, 1997
AND DECLARING THE RESULTS THEREOF
A. Recitals.
(i) On April 2, 1997, this Council adopted its Resolution No. 97-042,
thereby commencing a ballot protest process prescribed by California Constitution
Article XIII D, Section 4, concerning the proposed continuation of assessments within
Park and Recreation Improvement District PD-85-R for the maintenance and operation of
Red Hill Community Park and Heritage Community Park.
(ii) As prescribed by the above-referenced sections of the California
Constitution, and pursuant to said Resolution 97-042, ballots and ballot materials were
supplied by mail to the record owners of real property within PD-85-R. Those materials
included a notice of a public hearing to occur at 7:00 p.m. on ~26, 1997 in the
Council Chambers of the Rancho Cucamonga Civic Center at which protests would be
heard and the ballots cast for and against the continuation of the above-referenced
assessment would be canvass d.
O
(iii) n 26, 1997, the above-referenced hearing was duly
conducted and concluded and, during that hearing, all of the ballots cast were canvassed.
(iv) Following the conclusion of the above-referenced canvassing of
ballots, the City Clerk of the City of Rancho Cucamonga certified the results of said
ballot protest process to the City Council which results are reflected in the "Certificate of
City Clerk," a true and correct copy of which is attached hereto as Exhibit "A'.
C\RC\RESOS\P&RASES
B. Resolution.
NOW, THEREFORE, the Council of the City of Rancho Cucamonga does
hereby find, determine and resolve as follows:
1. This Council hereby finds that all the facts set forth in the Recitals, Part
A, of this Resolution are true and correct.
2. This Council hereby finds and determines that the total amount of
assessments reflected on ballots canvassed in the above-referenced process was
3. This Council hereby finds and determines that the total amount of
assessments within PD-85-R cast in favor of the continuation of maintenance and
operation assessments for Red Hill Community Park and Heritage Community Park in
the above-referenced process was
4. This Council hereby finds and determines that the total amount of
assessments within PD-85-R case in opposition to the continuation of maintenance and
operation assessments for Red Hill Community Park and Heritage Community Park was
5. This Council hereby finds, determines and declares that based upon the
above-referenced results of the ballot protest process, the continuation and levy of
assessments in PD-85-R for the maintenance and operation of Red Hill Community Park
and Heritage Community Park has been authorized by the record owner of property
within PD-85-R in accordance with California Constitution Article XIII D, Section 4.
6. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED and APPROVED this 261h day of June, 1997.
Mayor
C\RC\RESOS\P&RASES
2
I, Debra Adams, City Clerk of the City of Rancho Cucamonga, do hereby
certify that the foregoing Ordinance was introduced at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the ~ day of June, 1997, and was
finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga
held on the day of June, 1997, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINEl): COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Rancho Cucamonga
C\RC\RESOS\P&RASES
CERTIFICATE OF CITY CLERK
State of California )
)
County of San Bernardino )
City of Rancho Cucamonga )
)
I, Debra J. Adams, City Clerk, City of Rancho Cucamonga, County of
San Bernardino, State of California DO HEREBY CERTIFY that pursuant to the
provisions of California Constitution Article XIII D, Section 4, I did canvass the ballots
cast indicating the total of proposed assessments supporting and opposing the
continuation of assessments with Park and Recreation Improvement District PD-85-R for
the maintenance and operation of Red Hill Community Park and Heritage Community
Park.
I, FURTHER CERTIFY, that the Statement of Total of Proposed
Assessments Cast, to which this certificate is attached, shows the total amount of
proposed assessments reflected on the ballots cast in said District, and the total amount of
assessments voted in favor of and opposed to the above-referenced continuation of an
operation and maintenance assessment and that the totals of the respective columns are
full, true and correct.
WITNESS my hand and official seal this 261h day June, 1997.
Debra J. Adams, City Clerk
City of Rancho Cucamonga
C\RC\CLERKCRT 1
A RESOLUTION OF THE CITY COUNCIL OF THE ~~r~)
CITY OF RANCHO CUCAMONGA, CALIFORNIA, 7
RECITING THE FACT OF THE OCCURRENCE OF A
BALLOT PROTEST PROCESS CONCERNING THE
ASSESSMENTS FOR THE MAINTENANCE AND
OPERATION OF RED HILL COMMUNITY PARK
AND HERITAGE COMMUNITY PARK WITHIN
PARK AND RECREATION IMPROVEMENT
DISTRICT PD-85-R IN THE CITY OF RANCHO
CUCAMONGA WHICH CONCLUDED ON JUNE 26, 1997
AND DECLARING THE RESULTS THEREOF
A. Recitals.
(i) On April 2, 1997, this Council adopted its Resolution No. 97-042,
thereby commencing a ballot protest process prescribed by California Constitution
Article XIII D, Section 4, concerning the proposed continuation of assessments within
Park and Recreation Improvement District PD-85-R for the maintenance and operation of
Red Hill Community Park and Heritage Community Park.
(ii) As prescribed by the above-referenced sections of the Califomia
Constitution, and pursuant to said Resolution 97-042, ballots and ballot materials were
supplied by mail to the record owners of real property within PD-85-R. Those materials
included a notice of a public hearing to occur at 7:00 p.m. o 7~ 26, 1997 in the n
Council Chambers of the Rancho Cucamonga Civic Center at which protests would be
heard and the ballots cast for and against the continuation of the above-referenced
assessment would be canvassed.
On
(iii) ~ 26, 1997, the above-referenced hearing was duly
conducted and concluded and, during that hearing, all of the ballots cast were canvassed.
(iv) Following the conclusion of the above-referenced canvassing of
ballots, the City Clerk of the City of Rancho Cucamonga certified the results of said
ballot protest process to the City Council which results are reflected in the "Certificate of
City Clerk," a true and correct copy of which is attached hereto as Exhibit "A".
C\RC\RESOS\P&RASES2
B. Resolution.
NOW. THEREFORE, the Council of the City of Rancho Cucamonga does
hereby find, determine and resolve as follows:
1. This Council hereby finds that all the facts set forth in the Recitals, Part
A, of this Resolution are true and correct.
2. This Council hereby finds and determines that the total amount of
assessments reflected on ballots canvassed in the above-referenced process was
3. This Council hereby finds and determines that the total amount of
assessments within PD-85-R cast in favor of the continuation of maintenance and
operation assessments for Red Hill Community Park and Heritage Community Park in
the above-referenced process was
4. This Council hereby finds and determines that the total amount of
assessments within PD-85-R case in opposition to the continuation of maintenance and
operation assessments for Red Hill Community Park and Heritage Community Park was
5. This Council hereby finds, determines and declares that based upon the
above-referenced results of the ballot protest process, the continuation and levy of
assessments in PD-85-R for the maintenance and operation of Red Hill Community Park
and Heritage Community Park has not been authorized by the record owner of property
within PD-85-R in accordance with California Constitution Article XIII D, Section 4 and
therefore such levy may not occur.
6. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED and APPROVED this 261h day of June, 1997.
Mayor
C\RC\RESOS\P&RASES2
/D
I, Debra Adams, City Clerk of the City of Rancho Cucamonga, do hereby
certify that the foregoing Ordinance was introduced at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the __ day of June, 1997, and was
finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga
held on the __ day of June, 1997, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Rancho Cucamonga
C\RC\RESOS\P&RASES2
3
/I
CERTIFICATE OF CITY CLERK
State of California )
)
County of San Bernardino )
City of Rancho Cucamonga )
)
I, Debra J. Adams, City Clerk, City of Rancho Cucamonga, County of
San Bernardino, State of California DO HEREBY CERTIFY that pursuant to the
provisions of Califomia Constitution Article XIII D, Section 4, I did canvass the ballots
cast indicating the total of proposed assessments supporting and opposing the
continuation of assessments with Park and Recreation Improvement District PD-85-R for
the maintenance and operation of Red Hill Community Park and Heritage Community
Park.
I, FURTHER CERTIFY, that the Statement of Total of Proposed
Assessments Cast, to which this certificate is attached, shows the total amount of
proposed assessments reflected on the ballots cast in said District, and the total amount of
assessments voted in favor of and opposed to the above-referenced continuation of an
operation and maintenance assessment and that the totals of the respective columns are
full, true and correct.
WITNESS my hand and official seal this 261h day June, 1997.
Debra J. Adams, City Clerk
City of Rancho Cucamonga
C\RC\CLERKCRT 1
RESOLUTION NO. 97- O~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS
WITHIN PARK AND RECREATION IMPROVEMENT
DISTRICT NO. PD-85-R (HERITAGE AND REDHILL
COMMUNITY PARKS).
A. Recitals.
(i) On April 2, 1997, pursuant to the provisions of the Landscaping
and Lighting Act of 1972 (Pan 2 of Division 15 of the California Streets and Highways
Code) and California Constitution Article XIIID, Section 4, enacted by Proposition 218,
the Council of the City of Rancho Cucamonga adopted its Resolution No. 97-042,
thereby declaring its intention to levy and collect assessments within Park and Recreation
Improvement District PD-85-R for fiscal year 1997-98 pursuant to the above-referenced
provisions of law, including portions of assessments to be applied for the maintenance
and operation of Redhill Community Park and Heritage Community Park, approving an
engineering report in relation thereto, approving ballot materials related to the operation
and maintenance portion of said assessment and setting a time and place for hearing
objections to and canvassing ballots related to the proposed assessment.
(ii) Pursuant to said Resolution 97-142, the approved ballots and ballot
materials were timely mailed to the record owners of real property within PD-85-R and
those materials included proper notice that a proper hearing on the subject assessment
would be conducted in the Council Chambers, Rancho Cucamonga Civic Center,
10500 Civic Center Drive, Rancho Cucamonga, California on Thursday, June 26, 1997 at
7:00 p.m.
(iii) The above-referenced public hearing, including the canvassing of
the above-referenced ballots, was duly conducted and concluded prior to the Council's
consideration of this resolution.
(iv) Prior to this Council's consideration of this Resolution, this
Council adopted its Resolution No. q~7-/~d declaring the results reflected in the
canvassing of the above-referenced ballots to the effect that a majority of the assessments
shown on the ballots returned support continuation of that portion of the proposed
assessment to be utilized for the operation and maintenance of Redhill Community Park
and Heritage Community Park.
L\RCI'RESOPRKS\RC 1
(V)
All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEEFOE, the Council of the City of Rancho Cucamonga
does hereby find, determine and resolve as follows:
The facts stated above in Part A of this Resolution are true and
correct.
2. The public interest and convenience requires the levy and
collection of assessments within Park and Recreation Improvement District No. PD-85-R
for fiscal year 1997-98, and this Council hereby orders that the work as set forth and
described in Resolution No. 97-042, including the maintenance and operation of Redhill
Community Park and Heritage Community Park be done and made.
3. The report filed by the City Engineer in reference to this matter
entitled "City of Rancho Cucamonga Improvement District No. PD-85, Annual Engineers
Report, Fiscal Year 1997-98" and dated April 2, 1997 hereby is finally approved.
4. The assessments for fiscal year 1997-98 as reflected in the method
of assessment in the above-referenced engineer's report are hereby approved, including
the portions thereof to be applied to the maintenance and operation of Redhill
Community Park and Heritage Community Park.
PASSED, APPROVED, AND ADOPTED this 261h day of June, 1997.
AYES:
NOES:
ABSENT:
ATTEST:
William J. Alexander, Mayor
Debra J. Adams, CMC, City Clerk
L\RC\RESOPRKS\RC
I, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucarnonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved,
and adopted by the City Council of the City of Rancho Cucamonga, California, at a
meeting of said City Council held on the 26th day of June, 1997.
Executed this 261h day of June, 1997, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
L\RC\RESOPRKS\RC
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS
WITHIN PARK AND RECREATION IMPROVEMENT
DISTRICT NO. PD-85-R (HERITAGE AND REDHILL
COMMUNITY PARKS).
A. Recitals.
(i) On April 2, 1997, pursuant to the provisions of the Landscaping
and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways
Code) and California Constitution Article XIIID, Section 4, enacted by Proposition 218,
the Council of the City of Rancho Cucamonga adopted its Resolution No. 97-042,
thereby declaring its intention to levy and collect assessments within Park and Recreation
Improvement District PD-85-R for fiscal year 1997-98 pursuant to the above-referenced
provisions of law, including portions of assessments to be applied for the maintenance
and operation of Redhill Community Park and Heritage Community Park, approving an
engineering report in relation thereto, approving ballot materials related to the operation
and maintenance portion of said assessment and setting a time and place for hearing
objections to and canvassing ballots related to the proposed assessment.
(ii) Pursuant to said Resolution 97-142, the approved ballots and ballot
materials were timely mailed to the record owners of real property within PD-85-R and
those materials included proper notice that a proper hearing on the subject assessment
would be conducted in the Council Chambers, Rancho Cucamonga Civic Center,
10500 Civic Center [)five, Rancho Cucamonga, California on Thursday, June 26, 1997 at
7:00 p.m.
(iii) The above-referenced public hearing, including the canvassing of
the above-referenced ballots, was duly conducted and concluded prior to the Council's
consideration of this resolution.
(iv) ' ' "c .... ~tthd~
canvassing of the above-referenced ballots to the effect that a majority of the assessments
shown on the ballots returned oppose continuation of that portion of the proposed
assessment to be utilized for the operation and maintenance of Redhill Community Park
and Heritage Community Park.
L\RC\RESOPKS2\RC 1
(V)
All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, the Council of the City of Rancho Cucamonga
does hereby find, determine and resolve as follows:
The facts stated above in Part A of this Resolution are true and
correct.
2. The public interest and convenience requires the levy and
collection of assessments within Park and Recreation Improvement District No. PD-85-R
for fiscal year 1997-98, and this Council hereby orders that the work as set forth and
described in Resolution No. 97-042, excluding the maintenance and operation of Redhill
Community Park and Heritage Community Park, be done and made.
3. The report filed by the City Engineer in reference to this matter
entitled "City of Rancho Cucamonga Improvement District No. PD-85, Annual Engineers
Report, Fiscal Year 1997-98" and dated April 2, 1997 hereby is finally approved.
4. The assessments for fiscal year 1997-98 as reflected in the method
of assessment in the above-referenced engineer' s report are hereby approved, except for
the portions thereof which were to be applied to the maintenance and operation of Redhill
Community Park and Heritage Community Park.
PASSED, APPROVED, AND ADOPTED this 261h day of June, 1997.
AYES:
NOES:
ABSENT:
ATTEST:
William J. Alexander, Mayor
Debra J. Adams, CMC, City Clerk
L\RC\RESOPKS2\RC
17
I, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved,
and adopted by the City Council of the City of Rancho Cucamonga, California, at a
meeting of said City Council held on the 26th day of June, 1997.
Executed this 261h day of June, 1997, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
L\RC\RESOPKS2\RC