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
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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
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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
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March 3, 1993
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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.
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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
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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.
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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.
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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.
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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