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HomeMy WebLinkAbout1991/07/03 - Minutes July 3, 1991 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 3, 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 7:05 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, St. RDA Analyst; Tarry Smith, Park Planning/Development Superintendent; Laura Bonaccorsi, Landscape Designer; Brad Buller, City Planner; Jerry Guarracino, Assistant Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Sigmund Dellhime, Management Analyst II; Mike Olivier, Sr. Civil Engineer; Betty Miller, Associate Engineer; Walt Stickney, Associate Engineer; Bob Zetterberg, Public Works Maintenance Manager; Jeff Barnes, Parks/Landscape Maintenance Superintendent; Joe Schultz, Community Services Director; Ingrid Blair, GIS Supervisor; Jim Hart, 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; Lt. Mike Ingram, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1.. Presentation of Proclamation Recognizing July as Park and Recreation Month. Mayor Stout presented the proclamation to the Park and Recreation Commission. Marsha Banks, Chair of the Park and Recreation Commission, thanked the Council for the proclamation and the Commission proceeded to distribute shirts to the City Council. B2. Presentation of Proclamation to the Villa Del Rey Retirement Home for their support of the D.A.R.E. Program and participation in "Adopt-A-Grandparent Day." City Council Minutes July 3, 1991 Page 2 (2) (4) Mayor Stout presented the proclamation to Lt. Mike Ingram, Police Department. C. COMM13NICATIONS FROM THE PUBLIC C1. Phil Deatherage, 6564 Etiwanda asked if there would be a Public Safety Commission/City Council meeting to discuss law enforcement on July 25. Mayor Stout stated that meeting would occur on July 25, 1991. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 6/12/91 and 6/19/19; and Payroll ending 6/6/91 for the total amount of $2,346,179.23. D2. Approval of Mills Act Agreement 91-01 - Lord House, a proposal to implement the use of the Mills Act to reduce the property tax on the historic property located at 6791 Hellman Avenue, Rancho Cucamonga. D3. Approval of Mills Act Agreement 91-02 - Hippard Ranch, a proposal to implement the use of the Mills Act to reduce the property tax on the historic property located at 13181 Victoria Avenue, Rancho Cucamonga. (0602-01 AGREE) (1402-06 HISTORY) D4. Approval to release a Real Property Improvement Contract and Lien Agreement for 5751 Cabrosa Place, located south of Wilson Avenue and west of Haven Avenue, submitted by Randolph and Sandy Davis. (0602-01 AGREE R I/L) RESOLUTION NO. 91-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM RANDOLPH AND SANDY DAVIS D5. Approval of Agreement for installation of Public Improvement and Dedication between Felipa Reese and the City of Rancho Cucamonga for Sidewalk and Wheelchair Ramp improvements, located along the western and northwestern portion of the Reese parcel for the sierra Madre Avenue-Ninth Street to 310 feet south of Chaffey Street alley project. (0602-01 AGREE P/I) RESOLUTION NO. 91-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENT AND DEDICATION FROM FELIPA REESE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D6. Approval to authorize the Mayor to execute an Owner Participation Agreement (CO 91-039) with Foothill Associates. (0602-01 CONTRACT) City Council Minutes July 3, 1991 Page 3 D7. Approval to award and authorization for execution of a Professional Services Agreement (CO 91-040) for Bridge Inspection for Arrow Route Bridge Improvements, located at Cucamonga Creek, for the amount of $15,000.00, to be funded from Systems Development Account No. 22-4637-8738. (0511-01 AWARD) D8. Approval to execute Improvement Agreement Extension for Tract 13318 Landscape, located on the south east corner of Hermosa Avenue and Manzanita Drive, submitted by Bayoun Development. (0602-01 AGREE EXTN) RESOLUTION NO. 91-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13318 LANDSCAPE D9. Approval to release bonds for Tract 9400, located on the north side of Banyan Street between Beryl Street and Carnelian Street. (0602-01 BOND REL) Release: Faithful Performance Bond Labor and Material Bond $ 28,000.00 $ 14,000.00 DIO. Approval to release Maintenance Guarantee Bond for Tract 13443, located on the southwest corner of Victoria Park Lane and Fairmont Way. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 48,751.00 MOTION: Moved by Alexander, seconded by Williams to approve the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 91-03 - CITY OF RANCHO CUCAMONGA - A request to amend the Industrial Area Specific Plan to modify the Extensive Impact Commercial Use and to add the Indoor Wholesale/Retail Commercial Use and its related development criteria within the Specific Plan area. Staff recommends issuance of a Negative Declaration. ITEM PUI~LED FOR DISCUSSION BY COUNCILMEMBER WRIGHT. (0203-05 INDUS SP) ORDINANCE NO. 448 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 91-03, ESTABLISHING REGULATIONS FOR THE INDOOR WHOLESALE/RETAIL COMMERCIAL USE, MODIFYING THE DEFINITION OF EXTENSIVE IMPACT COMMERCIAL USE, AND MAKING FINDINGS IN SUPPORT THEREOF (6) (7) (8) (9) City Council Minutes July 3, 1991 Page 4 (m) E2. CONSIDERATION OF APPROVING FUNDING AVAILABLE FROM SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT {SCAQMD] (1403-00 ENVIRON) Debra J. Adams, City Clerk, read the title of Ordinance No. 449. ORDINANCE NO. 449 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM MOTION: Moved by Buquet, seconded by Alexander to waive full reading and approve Ordinance No. 449. Motion carried unanimously, 5-0. DISCUSSION OF ITEM El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENTAND INDUSTRIAL SPECIFIC PLANAMENDMENT 91-03 - CITY OF RANCRO CUCAMONGA - A request to amend the Industrial Area Specific Plan to modify the Extensive Impact Commercial Use and to add the Indoor Wholesale/Retail Commercial Use and its related development criteria within the Specific Plan area. Staff recommends issuance of a Negative Declaration. Councilmember Wright stated at the previous meeting there were two clauses she thought were going to be included with the approval of this Ordinance. One was a consumer protection clause which would assist the consumer to trace where the goods came from, and the second clause was a way to trace cash register receipts in order to assist with City tax dollars. Brad Buller, City Planner, stated at the last meeting the portion that was deleted from this Ordinance was the aspect of outdoor swap meets. The other elements were to be included in any Conditional Use Permit application that is forthcoming. He stated this Ordinance is to define the use, not setting those additional regulations for the use. He continued to state an application for this use was considered by the Planning Commission at their last meeting, and these conditions were part of that. Councilmember Wright asked if there was a way to be sure that these conditions were always applied, and not just at the discretion of staff. Brad Buller, City Planner, stated he believed a specific condition would be best handled at the time of the Conditional Use Permit. In addition, he did not expect these types of uses to occur on a frequent basis. Councilmember Wright stated she did not want to leave it at the discretion of staff or the Planning Commission, and did not want it to be discretionary or negotiable. She felt it should always be included with any Conditional Use Permit. She asked if there was anything the Council needed to do to be sure this would happen. Brad Buller, City Planner, stated they could prepare an amendment to the Industrial Specific Plan after discussions with the Attorney to be sure this is City Council Minutes July 3, 1991 Page 5 appropriate to place in this Ordinance or to use another mechanism in which it could be put in the code to highlight the criteria. Councilmember Wright asked if this could come back in August or September. Brad Buller, City Planner, stated yes. Debra J. Adams, City Clerk, read the title of Ordinance No. 448. ORDINANCE NO. 448 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 91-03, ESTABLISHING REGULATIONS FOR THE INDOOR WHOLESALE/RETAIL COMMERCIAL USE, MODIFYING THE DEFINITION OF EXTENSIVE IMPACT COMMERCIAL USE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Wright, seconded by Buquet to waive full reading and approve Ordinance No. 448 with staff to bring back the additional language in August as requested. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS ITEMS F1 AND F2 WERE HEARD AND CONSIDERED AT THE SAME TIME. F1. CONSIDERATION TO APPROVE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 1991/92 Staff report presented by Joe O'Neil, City Engineer. Mr. O'Neil introduced Warren Diven, of Brown &Diven, who was available for any technical questions. (0401-03 LNSCAPE MD) Councilmember Buquet asked if the City has already started to replace old irrigation lines with new systems. Joe O'Neil, City Engineer, stated yes. Councilmember Buquet asked if the amount proposed includes any surplus funding or reserves, and asked if this was actual operating costs. Joe O'Neil, City Engineer, stated this did not include any surplus and the figures shown were the actual operating costs. Councilmember Buquet asked if there were other options available for exploration in lieu of raising the assessment. 'Rick Gomez, Community Development Director, stated there are no options at this time. City Council Minutes July 3, 1991 Page 6 Councilmember Alexander clarified no options or it would mean less service if the assessment was not increased. Rick Gomez, Community Development Director, concurred with this statement. Councilmember Buquet asked for staff to explain the various levels of maintenance, which Mr. O'Neil continued to do. Councilmember Wright inquired as to what level the parks are being recommended at. Joe O'Neil, City Engineer, stated the A level. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Tom Spenser, 11199 Delaware, Victoria, felt landscaping should be maintained, and asked if there was an Engineer's Report he could look at. Mayor Stout referred him to Rick Gomez, Community Development Director, for this information. Robert Belotti, 11143 Brentwood, stated he was upset when he first heard of the increase. He did not know why the homeowners had to pay for the increased costs, and questioned the amount of the increase. He also felt when there were multiple residents in one building, it should be divided among all the residents. He also felt all commercial owners should have to pay for landscaping maintenance. He added he is willing to pay his fair share of the increase, but not more than that. Mike Mandella, 13998 San Dimas, Brentwood Development, stated his assessment would go from $75.00 to $400.00. He did not feel there was enough public notice to the residents. He felt he was already paying his fair share for services. He also reported about the poor condition of the landscaping at the present time. He felt there should be a park in his area also. He stated there has not been a street sweeper in his area either, and felt the streets were in poor condition. He felt the City Council should wait to do something until more people move into District 7 before the assessment increases. Roberta Coffer, 12574 Nasturtium, felt this should not be heard on the evening before a holiday because there were people going out of town. She wanted to know what they would get for the increase in assessment. She felt possibly larger trees should be planted when replacement is needed because she felt the smaller ones break in the wind. Joe O'Neil, City Engineer, pointed out that the money collected for a particular District would have to be spent in that District. He also stated forty more acres have been added to the Victoria District. City Council Minutes July 3, 1991 Page 7 Mayor Stout explained to Ms. Coffer that her water rate has gone up over 100% for her District. He also pointed out that any frost-damaged landscaping would be replaced. Greg Corob, 13926 San Dimas, complained about the date of the meeting being July 3, the night before a holiday. He did not want to have to pay for someone elses landscaping. Mayor Stout inquired if when Mr. Corob bought his house was he aware what his assessment would go up to and did he see the disclosure for this. Mr. Corob stated he did, but thought it applied to when his area was fully landscaped, and that it is now only landscaped about 5%. He stated he would like to see the Brentwood area only have to pay for their particular area. Richard Hind, 14034 San Dimas, questioned the tree replacement costs, and the Assessment Administration and Overhead Charges, and questioned the breakdown for this. He stated he computed the increase to go up 535%. He mentioned the disclosure he saw when he bought his home stated the only annual increase was the Community Facilities District for the Fire District and did not think the disclosure was correct. He stated he did not agree with the increase in assessment, and did not feel there were enough units to pay for this assessment. He felt the people should decide what type of landscaping they want in their District. Jeff Rummage, 13997 San Dimas, stated he supported what his neighbors previously said. He did not feel they should have to pay for landscaping that was not there yet. Cynthia Hollis, 13948 Crescenta Way, asked what it is that the District would be maintaining and at what cost. She stated currently the maintenance of that area costs $27,200.00, according to the information she received from the builder of her area, which does not include paying for water and utilities. She added there were 365 lots there, but did not think that all of those would be taxed - only those that were built on, leaving 131 that were built, being built, or permitted to be built. Joe O'Neil, City Engineer, stated the property goes on the Assessor's role when it is subdivided, not when it is built or lived on. He stated there are currently 769 assessment parcels in that District that will be assessed. Mike Simon, 12833 Carissa Court, stated he felt the City was watering too much creating too much run-off water. He felt this hearing should be rescheduled for another time when people are not out of town due to the 'holiday. Sheryl Crawford, 11537 Colorno Drive, landscaping she sees in the Victoria area. to know that the City Council hears them. necessary if more people were moving in. stated she appreciated the She stated the residents want She asked if the increase was City Council Minutes July 3, 1991 Page 8 Joe O'Neil, City Engineer, stated there has not been a substantial increase in total units. Mayor Stout stated when there were more people, the assessment would go down. Mr. Crawford asked if there was any excess after the assessment was collected, what would happen to that money. Joe O'Neil, City Engineer, stated one suggestion was that the excess could help defray future costs by placing it in an account. Mayor Stout asked why this was being heard tonight. Jack Lam, City Manager, stated the reason this was being heard tonight was because of the financial impacts being placed on the City, and that the City cannot wait any longer to do this. He stated the City stands to lose more money because of what the State might do to balance its budget. He also added the City has given more public notice to the residents than is required so that they would be aware of the meeting tonight. Greg Corob, 13926 San Dimas, asked why this could not be heard next week. Jack Lam, City Manager, commented this process was usually done in June, and that the City has postponed this to this week to see what the State was going to do that might have an effect on the City. He added the City Council needs to adopt these assessments. Mr. Corob asked why Phillips Ranch did not have a Landscape Maintenance Assessment District and asked why Rancho Cucamonga does. Jack Lam, City Manager, stated it was because Pomona has a utility users tax so they do not need Landscape Maintenance assessments. He also commented on the breakdown of the monies collected in assessments and how much each public agency receives from property taxes, which was due to Proposition 13. Robert Belotti, 11143 Brentwood, felt the City should look at other ways of landscaping so that they don't lose trees, and suggested they use larger trees so they won't blow down. Jeff Hollis, 13948 Crescenta Way, stated he did not think there was enough landscaping to make sense for the increased assessment. He asked why the assessment went from $75.00 to $400.00. Joe O'Neil, City Engineer, told about the formula for the increase. A gentleman (did not identify himself) came to the podium and stated he did not agree with the projected assessment, and asked that they pay according to what is actually in place now instead of the total projection for the year. City Council Minutes July 3, 1991 Page 9 J6e O'Neil, City Engineer, stated he could not come back to the Council asking for an increase in the assessment, and that was why they were asking for approval of the projected assessment for the year. Jack Lam, City Manager, added staff could not come back to the Council at mid- year, and that was why they have to go with the projection now. Chris and Brandon Marston, 6794 Colorno Court, Victoria, asked if Central Park had anything to do with the increased assessment. Mayor Stout stated no. The Marston's also expressed their concerns for the usage of the parks. Phil Deatherage, 6564 Etiwanda, asked that as the tree that is dying behind him starts to be removed and replaced with another one, can he have it to put in his yard to plant. Councilmember Buquet pointed out to the residents that they need to contact the City whey they see something that is not right. Jim Thieryl, 7061 Berry Court in Victoria, talked about the increase in water rates for his area. He felt the City waters too much. He suggested there be a five year water plan and for the City to consider desert landscaping. He felt it was not a good idea to increase the assessment. Mike Doveseye, 6869 Rovoto, District 2 area, asked various questions about the engineer's report. Richard Schmidt, 7747 Belvedere, stated he did not see any frost damage to the trees. Mayor Stout stated an example was on the south side of Base Line. Mr. Schmidt stated there were brown spots and trees not in good condition at the park on Church and Spruce. He stated there were lights that were not working properly either. He also commented on the people that loiter around Arrow Highway and how they were being used by the City's contractor to work on the landscape maintenance. James Markman, City Engineer, stated they cannot do this because it was against their contract. Mr. Schmidt also complained about the meeting being held on 4th of July eve. Councilmember Buquet commented on how you could not please everyone as far as a meeting date, and also reiterated Jack Lam's previous comments about this. Mayor Stout commented on the water rates increasing and how the Cucamonga County Water District went about doing this, and asked if the residents knew about the increase. City Council Minutes July 3, 1991 Page 10 Mr. Schmidt asked how the City Council would vote on the assessment increase. Councilmember Buquet stated he knew how he would vote, but did not want to prejudice the other Councilmember's at this point. He also commented he felt it might be necessary to raise the assessment in order to save his investment and not let the City get run down. He stated some of the suggestions that people are bringing up, i.e., water sensor devices, are already being used by the City. Bob Gordon, 5882 San Sevaine, District 7, stated they were concerned about the large increase in assessment. He asked if District 7 could be postponed until the next meeting so that those present could have a chance to review the Engineer's Report and have it explained to them. He asked if those who identified themselves tonight could have a copy mailed to them. Mayor Stout felt each year the residents in each Assessment District should get a report as to what is happening with their Assessment District. He also felt the residents should have a say as to what level of service they want for their District. Mayor Stout called a recess at 9:35 p.m. with all members of Council present. The meeting reconvened at 10:06 p.m. Nancy Erskine, 5799 San Sevaine, Etiwanda North area, asked that District 7 be continued until the residents could understand the Engineer's Report better. She stated in her area specifically, she did not think the City maintained any of the landscaping. She suggested the City wait to increase the assessment until there were more people in the District 7 area. She also complained about the meeting being held the night before a holiday, and felt more notice should have been given. She mentioned the disclosure that the homebuyers got was not specific enough as to what their assessment would be for the future. Ed Bedney, 9122 Reales, felt the City was circumventing Proposition 13 by assessing people through the Landscape Maintenance Districts. He stated he was not proud to live in this community because of what was going on here. James Markman, City Attorney, stated the Landscape District assessments do not circumvent Proposition 13. He added that this is the first time that he knew when the assessment charged would actually pay for the entire maintenance cost for the Districts. Councilmember Buquet asked if once a rate is set, could it be decreased later on during the year. James Markman, City Attorney, stated no, but that you could rebate part of the money if the City wanted to. He added he did not think the rates being proposed were abnormal compared to the other cities he represents. City Council Minutes July 3, 1991 Page 11 Alexa Rodriguez, 13962 San Dimas, Brentwood area, stated he felt he did not get adequate information when he called the City about this matter. He asked if $20,000.00 would come off his bill for replacement of trees. Joe O'Neil, City Engineer, stated it depends on whether there were trees that needed to be replaced or not. Mr. Rodriguez continued to ask various questions about the Engineer's Report, and suggested the landscaping plan needed to be looked at again. Mayor Stout pointed out that Brentwood was built under the County, not the City. Ray Stuehrmann, 12440 Lily Court, thought possibly the City was getting "ripped off" by the landscaping contractor because they did not do a good job. He did not think the City Council should postpone this and felt they should make the decision tonight. Phil Deatherage, 6564 Etiwanda Avenue, stated he did not think the increase should have been such a large jump as 500%, and did not agree with how the City Council was doing this. Robert Belotti, 11143 Brentwood, stated they would like to get an extension on this matter to work with staff and come to an agreement on the amount so that everyone was happy. He felt everyone should be assessed an equal amount, or it should go to the voters to decide. There being no further response, the public hearing was close. Councilmember Wright stated she felt the people were proud of the look, but that the people were saying they do not agree with the assessment and that the City should take it easy on them. She stated she felt Assessment Districts were developed so that they would pay for the infrastructure. She stated she felt the developer should have paid for this. She stated where she lives, the homeowners take care of the landscaping. She stated she felt there should have been workshops on each Maintenance District. She felt further investigation was needed on this matter and that it should be questioned. She wanted to know why the mall was left out of District 2 and felt it should be in all of the Districts except 1 and 3. She felt possibly the City should require a lesser level of service other than level A. She felt possibly sensors should be phased in instead of doing them all at once. She questioned if the administrative costs should be added into this, and that possibly more thought should go into it. She questioned the $50,000.00 of design work, and felt it could be held up for now. She felt' the Cucamonga County Water District should be present to hear the residents concerns regarding the water. She felt the City Council should consider the residents' financial situations also. She felt it was not too late to do something to include the residents input. Councilmember Buquet stated the infrastructure was put in by the developers. He did not think landscaping and other items should be turned over to the developer. He stated the City Council costs were not included in the administrative overhead costs. He stated he felt it was up to the City Council to make the tough City Council Minutes July 3, 1991 Page 12 decisions. He stated the City Council has talked to the Cucamonga County Water District about the gray water situation for a couple of years now, and that they feel alternative measures are needed.. He stated he liked the Mayor's suggestion to mail out an annual report to all residents in each Assessment District. He felt the City does try to do everything possible for notification on these matters. Councilmember Williams stated she also was glad to hear the residents were happy to see the lush landscaping, but understood that the residents just want to get their money's worth. She felt it was a good idea to get the residents' input as to what landscaping level they want and what level of service they would like. She felt District 7 needs to be taken a look at. She asked if there was something that could be done for a mid-year alert so it does not get out of hand again. Councilmember Alexander stated many people at the City have talked to the Water District and stressed the point that the City needs lots of notice for increased water rates. He stated he felt the workshop idea was good and so were many others that were brought up. He stated he did not think the people would want decreased service levels even though the assessment was going up. He stated he did not want the City to digress. Mayor Stout stated he would like to see every resident in each Assessment District get a copy of the Engineer's Report for their Assessment District so they would know about the rates and everything else that is included in this report. He suggested a tear-off card be part of this which could be returned to the City as to what the residents want for their particular District. He stated he felt this was a fair way to manage the Assessment Districts. He stated he agreed with Councilmember Alexander that the community has a certain quality of life and would want to maintain that. He felt the residents should decide what level of service they want. He felt a decision should be made tonight. Councilmember Williams asked if District 7 could be pulled out from the vote tonight. Joe O'Neil, City Engineer, commented there were 76 homes in that District. Councilmember Buquet suggested that they look at District 7 in two weeks and work with the Public Works Subcommittee to try to work something out. Mayor Stout felt the Council should go forward with this tonight, put the item on the agenda for the next meeting for an adjustment to go downward, if the Subcommittee wants to review it and give a recommendation to the Council. RESOLUTION NO. 91-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 1991/92 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 City Council Minutes July 3, 1991 Page 13 MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 91-180. Motion carried 4-1 (Wright no). Councilmember Wright stated she was voting no in keeping with her longstanding position that she did not believe Assessment Districts should be increased without the vote of the people. F2. CONSIDERATION TO APPROVE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 1991/92 Staff report presented by Joe O'Neil, City Engineer. (0401-03 ST LT MD) See Item F1 above for discussion. RESOLUTION NO. 91-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 1991/92 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 IN CONNECTION WITH STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 MOTION: Moved by Williams, seconded by Alexander to approve Resolution No. 91- 181. Motion carried 4-1 (Wright no). Councilmember Wright stated she was voting no for the same reason she voted no for the previous Resolution. F3. CONSIDERATION 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). (APPELL~3~T REQUESTS THIS ITEM BE CONTINUED) (0701-06 APPEAL) Mayor Stout stated there has been a request on behalf of the appellant that this item be continued and asked the feeling of the Council on this before they proceed. James Markman, City Attorney, stated there were map act timelines involved with this because this was the 30th day, and stated it was necessary to commence the hearing even if they wanted to continue it. The City Council decided to hear the staff report and partially discuss the item. Staff report by Betty Miller, Associate Engineer. City Council Minutes July 3, 1991 Page 14 Various questions were asked as to the layout of this area. Councilmember Wright felt there should be no split or option I or J. Mayor Stout opened the meeting for public hearing. RESOLUTION NO. 91-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TENTATIVE PARCEL RAP, NUMBER 13693, TO SUBDIVIDE 1.0 ACRE 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 MOTION: Moved by Buquet, seconded by Alexander to continue the public hearing to July 17, 1991. Motion carried unanimously, 5-0. , * , , , F4. CONSIDERATION OF THE ENVIRONMENTAL INITIAL STUDY, PARTS I AND II, FOR THE PROPOSED HAVEN AVENUE REHABILITATION AND WIDENING PROJECT - 4TH STREET TO NORTH OF FOOTHILL BOULEVARD AND APPROVAL OF THE ATTACHED RESOLUTION AND ISSUANCE OF A NEGATIVE DECLARATION THEREFORE Staff report presented by Mike Olivier, Sr. Civil Engineer. (1403-06 EIS) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 91-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED HAVEN AVENUE REHABILITATION AND WIDENING - 4TH STREET TO NORTH OF FOOTHILL BOULEVARD MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 91-183. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF DEVELOPMENT REVIEW 89-18 BOOTH - An appeal of certain conditions of approval for the development of a building contractor's office and storage yard totaling approximately 8,500 square feet on 1.35 acres of land in the General Industrial District (Subarea 13) of the Industrial Area Specific Plan, located at 9037 Charles Smith Avenue, eat of Rochester, north of 6th Street - APN 229-271-41. Staff report presented by Jerry Guarracino, Assistant Planner. (0701-06 APPEAL) City Council Minutes July 3, 1991 Page 15 Mayor Stout opened the meeting for public hearing. Addressing the City council was: John Dalrymple, owner of the property, felt this was an unreasonable request, and felt it was the state's property, not the City's. There being no further response, the public hearing was closed. RESOLUTION NO. 91-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF DEVELOPMENT REVIEW 89-18, SUBJECT TO THE CONDITIONS CONTAINED IN PLANNING COMMISSION RESOLUTION 91-49, AND DENYING THE APPEAL FOR THE PROJECT LOCATED AT 9037 CHARLES SMITH AVENUE, IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 13) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Stout to approve Resolution No. 91-184. Motion carried unanimously 5-0. G2. CONSIDERATION OF REQUEST FOR REFUND FOR PORTIONS OF DRAINAGE FEES FOR 13181 VICTORIA STREET - MR. JAMES BANKS, JR. - Located on the south side of Victoria Street and east of Etiwanda Avenue. (Continued from June 5, 1991) Staff report presented by Jack Lam, City Manager. (0401-12 FEES) Mayor Stout asked if it could be required that the fees be deposited at the time of the appeal. James Markman, City Attorney, stated yes, and that staff was looking for approval of Mr. Banks' appeal tonight and direction to draft an ordinance which would take care of similar situations on a policy basis only when considering a Minor Development Review matter. He stated staff could have the applicant deposit the then existing fee level to preserve it. Mayor Stout opened the meeting for public input. There being no response, the public comments were closed. Mayor Stout stated he felt the Council should follow staff's recommendation with respect to this appeal and the ordinance change for Minor Development Reviews, but would like a provision included that the applicant post the current fee at the time of the appeal to preserve the fee in order to do it. MOTION: Moved by Buquet, seconded by Wright to grant the appeal. Motion carried unanimously, 5-0. MOTION: Moved by Buquet, seconded by Alexander to instruct staff to prepare the proper ordinance to codify the policy as directed. Motion carried unanimously, 5-0. City Council Minutes July 3, 1991 Page 16 (i7) , , , , , CITY M/LNAGER"S STAFF REPORTS HI. CONSIDERATION AND ADOPTION OF RESOLUTION FOR STATE LIBRARY GRANT APPLICATION Staff report presented by Linda Daniels, Deputy City Manager, who added staff has had a conversation with Barbara Anderson to confirm that the Resolution to be adopted by the Board of Supervisors was on their agenda and she also indicated she saw no reason why this would not be approved so it could be included with the application. (0402-05 GRANT) (1601-06 LIBRARY) Councilmember Williams asked for a copy of the Resolution to be approved by the Board of Supervisors. RESOLUTION NO. 91-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING APPLICATION TO THE CALIFORNIA STATE LIBRARY FOR CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACT FUNDS AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Stout to approve Resolution No. 91-185. Motion carried unanimously, 5-0. H2. CONSIDERATION TO APPROVE EXECUTION OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR AMENDING TRACT 10210, LOCATED ON THE NORTH SIDE OF ALMOND AVENUE, WEST OF SAPPHIRE STREET, SUBMITTED BY FIRST HOTEL INVESTMENT CORPORATION, A DELAWARE CORPORATION; AND RELEASE OF THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PUBLIC IMPROVEMENTS ACCEPTED BY CITY COUNCIL ON NOVEMBER 16, 1988, AND RELEASE OF THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR UNDERGROUNDING UTILITIES ACCEPTED BY THE CITY COUNCIL ON OCTOBER 18, 1989, SUBMITTED BY NORDIC DEVELOPMENT COMPANY, A GENERAL PARTNER OF SKYLINE I, LTD. Staff report presented by Jack Lam, City Manager. (0602-01 AGREE IMPR) (0401-03 ST LT MD) (0401-03 LNSCAPE MD) The Council wanted to make sure that this new company had nothing to do with the Nordic group. City Council Minutes July 3, 1991 Page 17 MOTION: and 91-187. RESOLUTION NO. 91-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES FOR AMENDING TRACT NO. 10210 AND RELEASING THE IMPROVEMENT AGREEMENTS AND SECURITIES PREVIOUSLY ACCEPTED RESOLUTION NO. 91-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 10210 Moved by Alexander, seconded by Buquet to approve Resolution Nos. 91-186 Motion carried unanimously, 5-0. No Items Submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Buquet asked that the Library Subcommittee follow-up on Joe Schultz's memo regarding the County library tax. J2. Councilmember Buquet asked that staff prepare a citizen contact form or follow-up procedure. Jack Lam, City Manager, stated every complaint that comes in to the City Manager's office is logged in and tracked which is a new system. He added if staff finds this system works it will be expanded to the other departments. Councilmember Buquet stated he would like to see an evaluation of what we are doing to be sure it is getting routed to the appropriate departments. Councilmember Buquet stated this does not have to come back at the next meeting, but at the earliest possible meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes July 3, 1991 Page 18 L. ADJOUR/qMENT MOTION: Moved by Alexander, seconded by Williams to recess to Executive Session to discuss personnel matters. Motion carried unanimously, 5-0. The meeting recessed at 12:15 a.m., not to reconvene. Respectfully submitted, City Clerk Approved: August 7, 1991