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HomeMy WebLinkAbout1993/03/03 - Minutes March 3, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CA!,I. TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 3, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:00 p.m. by Mayor Dennis L. Stout, with the flag salute lead by Jr. Girl Scout Troop 1160. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williams and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Brad Bullet, City Planner; Dan Coleman, Principal Planner; Shintu Bose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Mike Olivier, Sr. Civil Engineer; Bob Dominguez, Administrative Services Director; Susan Neely, Finance Officer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B 1. Presentation of Proclamation declaring the week of March 7-13 as Girl Scout Week in Rancho Cucamonga. Mayor Stout presented a Proclamation to Jr. Girl Scout Troop 1160. The Girl Scouts presented the City Council with Girl Scout cookies. C. COMMUNICATIONS FROM THE PUBI,IC C1. Kathryn Kitkevich addressed the Council stating the City had recently accepted bids for the telephone system for the Sports Complex and Animal Shelter. She stated she did not feel the whole bid process was handled properly and was not done in public. She felt the prices were too high that the City would be paying the successful bidder, and that the equipment would not be state-of-the-art Mayor Stout asked her to put her comments in writing so that her concerns could be looked into further. City Council Minutes March 3, 1993 Page 2 (i) (2) (3) (4) D. CONSENT CAI,ENDAR D1. Approval of Minutes: February 3, 1993 D2. Approval of Warrants, Register Nos. 2/10/93 and 2/17/93; and Payroll ending 2/11/93 for the total amount of $1,158,319.18. D3. Approval of resolution adopting a Land Use/Transportation Analysis Program applying to proposed development - Council action to comply with the Congestion Management Program adopted by SANBAG in December 1992, as required by Proposition 111 (1990). (1206-06 TRANSPORT) RESOLUTION NO. 93-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A LAND USE/TRANSPORTATION ANALYSIS PROGRAM FOR THE CITY OF RANCHO CUCAMONGA D4. Approval of the Lease Purchase of one (1) conventional truck cab-chassis with regenerative air street sweeping components from Dietrick International Truck Sales, Incorporated of San Bernardino, California, in the amount of $22,389.84 a year, for five (5) years. to be funded from Gas Tax Account 09-4647-7045. (0600-00 PURCHASE) D5. Approval to execute a Real Property Improvement Contract and Lien Agreement from Uriel Graciano Sanchez, for the consreaction of alley improvements, located south of 26th Street, west of Center Avenue. (0602-01 AGREE R I/L) RESOLUTION NO. 93-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM URIEL GRACIANO SANCHEZ AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D6. Approval to execute Program Supplement No. 019 (CO 93-018) to Local Agency - State Agreement No. 08-5420 between the City of Rancho Cucamonga and the State of California for the construction phase including advertisement, award and administration of the Rehabilitation and Widening of Haven Avenue from Civic Center Drive to Foothill Boulevard. The Supplement sets the Federal portion of the project at #346,152.00 and the City's portion at $44,848.00 with the provision to increase the City's portion should the need arise. Funding for the Supplement Agreement shall be from Local Measure I Funds, Account No. 324637-9112. (0602-01 CONTRACT) RESOLUTION NO. 93-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 019 TO LOCAL AGENCY - STATE AGREEMENT NO. 08-5420 FOR THE CONSTRUCTION PHASE INCLUDING ADVERTISEMENT, AWARD AND ADMINISTRATION OF THE REHABILITATION AND WIDENING OF HAVEN AVENUE FROM CIVIC CENTER DRIVE TO FOOTHILL BOULEVARD City Council Minutes March 3, 1993 Page 3 D7. Approval to execute Improvement Agreement Extension for Tract 12895, located on the west side of Baker Avenue between Foothill Boulevard and Arrow Route, submitted by Rancho Citiland Development. (0602-01 AGREE EXTN) RESOLUTION NO. 93-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12895 D8. Approval to execute Improvement Agreement Extension for Tract 1385 I, located on the northeast corner of Wilson Avenue and Canistel Avenue, submitted by Pacific International Development, Incorporated. (AGREE EXTN) RESOLUTION NO. 93-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13851 D9. Approval to execute Improvement Agreement Extension for Tract 13945, located on the southeast corner of East Avenue and Highland Avenue, submitted by Citation Builders. (0602-01 AGREE EXTN) RESOLUTION NO. 93-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13945 D10. Approval to Accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 11852, located on the southeast corner of Utica Avenue and Arrow Route. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release Faithful Performance Bond: Arrow Route Edison Court Utica Avenue $680,000.00 30,000.00 206,000.00 RESOLUTION NO. 93-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11852 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DI 1. Approval to Accept Improvements, Release of Letter of Credit and Notice of Completion for 10418 and 10438 Vivienda Street, located on Vivienda Street west of Haven Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Leuer of Credit $2 1,800.00 (6) (7) (8) (9) City Council Minutes March 3, 1993 Page 4 (x0) (xx) RESOLUTION NO. 93-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENT FOR 10418 AND 10438 VIVIENDA STREET AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Williams to approve all staff recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION TO AMEND THE RANCHO CUCAMONGA MUNICIPAL CODE SECTION 12.08 BY ADDING SECTION 12.08.025 TO PROVIDE EXEMPTIONS TO THE REOUIREMENTS OF RIGHT-OF- WAY DEDICATION FOR SPECIFIC TYPES OF BUILDING PERMITS (0807-01 CODE BLDG) (11301-01 RT OF WAY) Debra J. Adams, City Clerk, read the title of Ordinance No. 507. ORDINANCE NO. 507 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION 12.08.025 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO EXEMPTION OF STREETS AND HIGHWAYS DEDICATION MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance No. 507. Motion camed unanimously, 4-0-0-1 (Buquet abstained). F. ADVERTISED PUBI,IC HEARINGS FI. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 92-01 - CITY OF RANCHO CUCAMONGA - A request to amend Title 17, Chapter 17.12 of the Rancho Cucamonga Municipal Code regarding parking requirements within shopping centers. Staff recommends issuance of a Negative Declaration. Staff report presented by Dan Coleman, Principal Planner. (0203-03 DC AMEND) Chuck Spagnola, P & D Technologies, informed the City Council about the study his company had conducted. Mayor Smut opened the meedng for public hearing. There being no response, the public hearing was closed. Councilmember Buquet stated he felt this was an excellent report. Debra J. Adams, City Clerk, read the title of Ordinance No. 508. City Council Minutes March 3, 1993 Page 5 ORDINANCE NO. 508 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 92-01, AMENDING TITLE 17, CHAPTER 17.12, OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING SHOPPING CENTER PARKING REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading of Ordinance No. 508 for the March 17, 1993 Council meeting. Motion carried unanimously, 5-0. F2. CONSIDERATION OF UTILITY USER'S TAX PROPOSAl. Staff report presented by Bob Dominguez, Administrative Services Director, with additional remarks made by Jack Lain, City Manager. (0401-00 REV & TAX) Councilmember Willjams inquired on the utility tax for telephone charges and how this would work. She asked if it included any long distance carriers, or would the tax only apply to the local base rate. Bob Dominguez, Adminiswative Services Director, stated the tax would not apply to any long distance carriers, that it would only include the local base rate. Councilmember Buquet asked for information on the General Fund sources. Bob Dominguez, Administrative Services Director, stated there are three areas the City gets revenue from. He stated sales tax is the largest source at approximately $6A million. He stated property mx is an additional revenue source. Jack Lam, City Manager, added that the City gets approximately $2 million in property tax, and that when the State gets finished with it, they will take about 34% of it. He stated there is over $5 million in motor vehicle in-lieu fees. He stated the City's General Fund is very small compared to other cities of the same size because Rancho Cucamonga is a post Proposition 13 City. He stated there are two kinds of money that cities receive - General Fund and Capital Funds. He stated Capital Funds, by law, cannot be used for operations and maintenance. He slated they are to be used to build things. He stated the State is raking away both Capital dollars and operational dollars and added these two kinds of money cannot be intermingled. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Mike Hengel, Editor, Inland Valley Daily Bulletin, stated he was not present to talk about the merits of the utility tax, but to mention the fact about a recent article in the Inland Valley Daily Bulletin which incorrectly quoted the Mayor. He stated this was corrected shortly thereafter in the Bulletin and that he wanted to express that the Mayor is very concerned about this matter. Dennis Bishop, 7363 Greenhaven, stated he is very concerned that staff has failed to make budget projections after Fiscal Year 1992/93. He commented on the information in the staff report as far as the City's budget declining and slated he felt it has increased. He did not think the City's savings of personnel costs have been passed on to the residents. He did not think safety personnel should be laid off first, but other City personnel instead. He did not think the library and animal control were key services. He reminded the Council that President Clinton also wants money from the residents. He felt this tax should City Council Minutes March 3, 1993 Page 6 be further assessed. He felt some basis should be developed for a cap on how much they should pay. He felt them should be a sunset clause to phase this out in several years. He felt there should be a rebate clause so that any extra money could be refunded to the residents or go towards the next year's taxes that would be due. He suggested there be a committee formed to work on this matter further. Councilmember Gutierrez stated he would like to see Mr. Bishop's prepared statement. Tom Albrecht, of Rancho Cucamonga, stated he agreed with Mr. Bishop's previous comments. He asked the City Council to read their lips - "no new taxes". John Lyons, 11984 Dorset, stated he thinks the Council is doing an excellent job and that he is surprised they haven't done something like this sooner. He commented on the City's volunteer program. He felt the Public Safety Commission should be eliminated. He felt the General Telephone tax should be eliminated from this proposal. He stated many people use their telephone for business instead of going to work and did not think it should be included. He stated he did not think the level of fire service should be decreased. He did not think the City could spend enough money on police service. He did not think the City should take on the library at this time and did not think it would be a problem not to provide its own animal control service. He felt there should be a sunset clause added. Sam Cansolis, Liquid Corporation in Etiwanda, told about the things his company has done to cut costs. He stated if the City imposes a utility tax, they would have to pass it on to their customers. He stated his company is trying to cut costs through early retirements, etc. Jim Mong, Pacer Technology, felt this was the straw that was going to break the camel's back. He stated if taxes keep being added, his business would have to move out of California. Sam Winklepluk, resident of 18 years, stated he is on a fixed income and that the tax would be hard for him to pay. He asked that the Council think of the retired people in making their decision. Sylvia Loman, 7739 Eastwood, wondered if there are any cities who have withdrawn the utility tax once it was put in place. She stated Baldwin Park proposed this at one time and that lhe meetings were packed with people, and was disappointed that she did not see this tonight. She stated this was so controversial in Baldwin Park that the people put a referendum on the ballot to let the people see if they wanted it or not. She felt the people should have a say in the matter and felt an ad hoc committee should be formed to work on this. Jackie Bolda, 11849 Mt. Gunnison, commended the Council, City Manager and staff. She felt all the money collected through the utility tax would all go back to the City. She felt there would be benefits to the residents if the tax were approved. She stated she supported the tax. She also stated she supported the library and that she was on the Library Committee and felt the residents were greatly in need of an adequate library along with police and fire services. She felt the residents should support the Council. Frank Ayala, 9751 Devon, agreed with a previous gentlemen's comments. He commented on the exception for the minimum family income of $12,000. He felt other things should be looked at before this is imposed on the residents. He felt many families in Rancho Cucamonga would be impacted by the utility tax. He commented on the increased water/sewage rates. Paul Wiener, of Alia Loma, stated he felt emergency services should be taken care of fight away, but felt the library could wait because he could go to another City to use its library. He felt the City should look at other areas in order to cut spending. He commented on the poor service at the Devore Animal Shelter. He felt the City should have its own animal services. City Council Minutes March 3, 1993 Page 7 Bob Dyer, of Rancho Cucamonga for 17 years, stated he has had to make cuts at his household. He did not think the people are being represented by those they elected. He commented on the federal government asking for more money from the residents. He felt the feds and City government were taking away too much from the residents. He felt the Council should let the people vote on this. Mr. Vafer commented on other countries he has lived in and the bureaucrats in those countries. He felt the police and fire departments were very good. He felt the City should look on the other side of the mirror for the answer and think positively. Mike Dilap, representing TAMCO, who is the largest energy user in the City, talked about the type of business his company is in which is a steel mill. He stated they are laking a stand against the utility tax. He mentioned that Edison is currently working on a special rate application for them and that if the utility tax is implemented, it would wipe out the special rate application. Eddie Swisstock, Schlosser Forge, asked that the Council look at a total package to also include staff cuts. He asked that the City Council be innovative, if possible, and did not think this was the way out of the recession. He thought Rancho Cucamonga may not want the reputation of having set the utility tax fast. He hoped that the state would not find a way to take away the utility tax money from the City. Wayne Muller, 10039 Levine, did not agree with the utility tax. He felt a lot of companies were moving out of the state because of all that is going on. He felt the City should look at what it's spending and if it can make cuts. He asked that the City Council take a look at the whole picture. Henry Reiter, builder in the City, commented on the facility the City is now in. He stated people feel the Council is driving business out of the City. He felt the City should move industry into the City. He felt if the City would increase its tax base, it would not have to implement the utility tax. He felt the City was pushing business out and did not agree with the utility tax. Rance Clouse, President of the Chamber of Commerce, stated they are not ready to take a position on the utility tax at this time. He hoped the Council would take into consideration what the residents were saying. He stated the tax is not the issue, but the issue of how government is being run. He offered cooperation from the Chamber through this issue to find a solution that is good for everyone. There being no further response, the public hearing was closed. Mayor Stout stated there is another public heating scheduled for April 7th. Councilmember Gutierrez stated he resents the position the City is being put in and that it is the State that is doing this to the City. He stated he did not think the Council would ignore the needs of the senior citizens and the low income families. He stated he would like to sit down with the City Manager and go through the budget line-by-line. He felt he owed it to the people to scrutinize the City 's budget before he voted on this. He felt a good gesture needed to be made to the police and fire departments, that the City does think they are important. He felt the library was very important. He stated he would do the best job possible to do the right thing for the people. Councilmember Wi!liams stated she would like more clarification on the tax for telephone bills as to what exactly would be taxed. She mentioned that the City does not own the water company and that the City's bill has also gone up. She stated Central Park is not an issue at this time. She asked the City Manager to comment on the financing measures used by the City for the City Hall facility. Jack Lain, City Manager, explained that all debt service that the City has, has been re~nanced. He stated there is an additional one that the City is taking advantage of in the next 60 days. City CouncilMinutes Maxch 3,1993 Page 8 Mayor Stout stated that law enforcement is very important because of all the crime going on today everywhere. He commented that the State and Federal government's budgets have gone up despite its deficit. He stated the City has never.operated in the deficit. He stated sometimes a person has to make a decision even if it is not a popular one, and that it is not easy working in local government. He commented on the cost to put someone in prison. He stated he is worried about the position the State is in. He did not want the residents to think Rancho Cucamonga was a less safe place. He commented on how flabbergasted he was when he read the first quote in the paper because it was not true. Councilmember Alexander stated he has heard a lot of good points brought up by the people present tonight. He stated he felt the City has been frugal over the last four to five years he has been on the Council. He felt a sunset clause was something to be considered. He stated he felt this was an agonizing decision. He wanted to work with the Chamber and the business community. He did not think public safety should suffer. He felt both police and fire services were very good. Councilmember Buquet mentioned the people were saying the City should be innovative and that he felt the City has been. He stated the City is not broke and that the reason it is talking about this is to stay in a good position and not get in a bad position that other cities are in. He stated he appreciated Rance Clouse's comments about working together with the City. He pointed out that the City is already doing many of the things the people had suggested tonight. He stated the City Council is committed to providing the highest possible service to the residents. He stated he has always stressed long term financial plans for the City. He stated be was not going to bash the water company. He mentioned the utility tax is not intended to be a scare lactic for public services. He stated the City does not do things because it is fashionable to do something. He stated he wants to make the right decision so that he can look at himself in the mirror and feel that he did what he thought was right. He stated this utility tax is not to make a cushion for the City and did not want to compromise anything for services. Jack Lam, City Manager, added the public hearing is to listen to the people and get an idea of the position the City Council is taking. He stated there are decisions the Council will have to make. He stated the budget document is very simple so that everyone can understand it. He stated that the City is willing to answer any questions about the City's finances. He added he does disagree with the statements made by Mr. Bishop and is willing to meet with him on the information he presented. He stated the only budget that has increased is the police budget because of the increased cost of the contract. He reiterated that this public hearing was to gain information from the public. Mayor Stout stated the next public hearing is scheduled for April 7th. Councilmember Buquet asked that the staff provide the Council with answers to some of the concerns expressed regarding caps and limits on the tax. He stated he would like a decision man'ix developed for the next meeting also, which would include what the affects would be if no tax is approved. G. PUBI.IC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS No items were submitted. City Council Minutes March 3, 1993 Page 9 No items were submitted. .I. No items were identified for the next meeting. COUNCIl, BUSINESS IDENTIFICATION OF ITEMS FOR NEXT KI. MEETING K. COMMUNICATIONS FROM THE PUBI.IC Don Donnelly, 10210 East Base Line, felt the legislature needed to be made aware of the predicament that local government is in. He commented on the next CLOUT Sacramento Legislative trip at the end of March. He felt it would be a good idea for the City to attend this. Jack Lain. City Manager, added the City would be represented at this meeting in Sacramento. He further stated that next week he is going to Sacramento to talk with the City's legislators about the budget problems. Mr. Donnelly felt the City should get its "licks" in at Sacramento about what they are doing. I,. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn to a special meeting with Assemblyman Fred Aguiar on Friday, March 12, 1993 at 7:30 a.m. in the Rains Room at City Hall. Motion earned unanimously, 5-0. The meeting adjourned at 9:45 p.m. Respectfully submitted, City Clerk Approve, d: April 7, 1993