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HomeMy WebLinkAbout1991/06/05 - Minutes June 5, 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, June 5, 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; Brad Buller, City Plahner; Miki Bratt, Associate Planner; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Dan James, 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; Jim Hart, Administrative Services Director; Ingrid Blair, GIS Supervisor; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael and Deputy Chief Lloyd Almand, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner and Lt. Joe Henry, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation Commemorating the 40th Anniversary of the Blood Bank of San Bernardino and Riverside Counties. Mayor Stout presented the Proclamation to Bill Sauter of the Blood Bank. Mr. Sauter thanked the City for its participation in the blood drives that have occurred in the past. B2. Introduction by Captain Bruce Zeiner, Rancho Cucamonga Police Department, of Lieutenant Joe Henry, K-9 Handler Danielle French, and her partner "Rocky." City Council Minutes June 5, 1991 Page 2 Mayor Stout introduced Captain Bruce Zeiner, Rancho Cucamonga Police Department, who introduced Lieutenant Joe Henry, K-9 Handler Danielle French and her partner "Rocky." C. COMMIFNICATIONS FROM THE PUBLIC Cl. Mrs. Wolff, Hickory Circle, stated her wall has been painted with graffiti many times in the past, and asked if she would have to pay to have it removed. Rick Gomez, Community Development Director, stated the Public Works Division has a policy of trying to maintain the areas adjacent to public right-of-ways within the utility corridors and right-of-ways of the railroad crossings which would be in the public view, and added this would include Mrs. Wolff's wall. C2. Mike Doveseye, 6869 Rovoto in the Victoria Community, felt there should be better coordination of the CC&R's with the developer and City organizations and representatives. He specifically pointed out radio antennas and satellite dish antennas. He suggested the City Council agendize this for a future meeting to work out better coordination for all those involved. Mayor Stout stated this subject involved the Planning Commission and cable companies. He suggested Mr. Doveseye work with R,ick Gomez, Community Development Director, and Jerry Fulwood, Deputy City Manager, and stated James Markman, City Attorney, would need to look at the CC&R issue as far as the City getting involved with this matter. C3. Tom Spencer, 11199 Delaware, read a prepared statement regarding CC&R's for the Victoria Planned Community. (A copy is on file in the City Clerk's office.) C4. Elliott Hannah, 10300 Arrow Route, stated he did not agree with AB 2920 as it relates to credit cards and the requirement to show identification for the use of same. He added he would like for the City Attorney to take action on this matter. C5. Patrick Collins, 6596 Etiwanda Avenue, stated he has read the report regarding the City establishing its own Police Department instead of contracting with the Sheriff's Department, and did not understand why the City would want to try to fix something that is not broken. Mayor Stout stated the City Council has not discussed this matter at a public meeting and was not ready to make a decision. He stated there would be public hearings held on this matter. C6. Phil Deatherage, 6564 Etiwanda, stated he wanted to correct a statement he had made the previous evening on the police issue. He stated the Chamber has not taken an official stand on the matter and wanted to state that their preliminary analysis is that the in-house police force is not in the City Council Minutes June 5, 1991 Page 3 business community's interest at this point in time. He stated this is not an official statement as he had said it was at the previous evening's meeting. Mayor Stout stated he was in receipt of a communication from the Chamber this date stating Mr. Deatherage was not in a position to state the Chamber's position. Mr. Deatherage added he felt our police force was "strapped" and thought the City was having a problem in this area. C7. Kent Crowley, Rancho Cucamonga Chamber of Commerce, stated that on March 12 the Chamber delivered to the Public Safety Commission a list of concerns which included an'initial summary of findings, nothing more. He added no official position has been made, but that they just wanted to participate at the Commission level. He stated he had a copy for the record. D. CONSENT CALENDAR Jack Lam, City Manager, stated that item Hi would be removed from the agenda and would come back on a future agenda. Jack Lam, City Manager, added that on item D5, the correct Resolution No. was 91- 157 instead of 91-134. D1. Approval of Minutes: April 11, 1991 May 1, 1991 May 15, 1991 (Stout absent) D2. Approval of Warrants, Register Nos. 5/8/91, 5/15/91 and 5/22/91, and Payroll ending 5/9/91, for the total amount of $1,924,595.34. D3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for La Salsa, GC Restaurants, Incorporated and Villareal Restaurant Group, Incorporated, 10709 Town Center Drive, Suite 110. D4. Approval of Names for the Sports Complex Interior Streets as recommended by the Park and Recreation Commission. (1401-03 SPORT ACT) '(0701-01 COMMISSION) D5. Approval of Destruction of City Records and Documents which are no longer required as provided under Government Code Section 34090. (0304-00 REC MGMT) RESOLUTION NO. 91-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 City Council Minutes June 5, 1991 Page 4 (3) (4) (s) (6) (7) (8) (9) D6. Approval to expend $1,500.00 to acquire anti-graffiti signs from We-Tip to be funded from asset seizure account No. 70-276-511. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. (0401-21 FUND APPRO) (1180-00 P RELAT) D7. Approval of annual loan transaction between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. (0400-00 LOANS) (0203-06 RDA) D8. Approval to find the Barmakian Company, developer for Tract 13886 and Parcel Map 11394 in default of their Improvement Agreement dated February 8, 1990 and extended to May 8, 1991; and authorize legal staff to cause the developer's surety, Developers Insurance Company, Performance Bond No.'s 983230-S and 983116-S, to correct all existing improvement deficiencies and complete all remaining improvements pursuant to the Agreement, approved plans and specifications. (0602-01 AGREE IMPR) (0703-01 LITIGATION) RESOLUTION NO. 91-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THE BARMAKIAN COMPANY IN DEFAULT OF THEIR IMPROVEMENT AGREEMENT FOR TRACT 13886 AND PARCEL MAP 11394, AND AUTHORIZING LEGAL STAFF TO CAUSE THE DEVELOPER'S SURETY COMPANY TO CORRECT EXISTING IMPROVEMENTS AND COMPLETE REMAINING IMPROVEMENTS PURSUANT TO THE AGREEMENT D9. Approval of a Resolution of the City Council of the City of Rancho Cucamonga officially protesting San Bernardino County's illegal offset of County Booking Fee Charges against City Property Tax and other revenues. (0401-12 FEES) RESOLUTION NO. 91-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OFFICIALLY PROTESTING SAN BERNARDINO COUNTY'S ILLEGAL OFFSET OF COUNTY BOOKING FEE CHARGES AGAINST CITY PROPERTY TAX AND OTHER REVENUES DiO. Approval of Payment of City Loan (CO 88-045) In Full. (0400-00 LOANS) (0602-01 CONTRACT) Dll. Approval of a Joint Powers Employee Benefit Authority (PARS) (CO 91-031) as meeting Federal Government requirement that employees not covered by a retirement system be covered by Social Security effective July 1, 1991. (0602-01 CONTRACT) D12. Approval to amend Contract No. 90-149 with FRAServices, Inc., Assessment District Management for an additional amount of $7,000.00 from Special Funds Account No. 33-4131-6028. (0602-01 CONT AMEN) D13. Approval to Vacate a Portion of Vincent Avenue including the adjacent 10- foot wide sidewalk easement, located north of Jersey Boulevard, east of Red Oak Street. (1110-18 VACATE ST) City Council Minutes June 5, 1991 Page 5 RESOLUTION NO. 91-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~4ONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF VINCENT AVENUE INCLUDING THE ADJACENT 10-FOOT WIDE SIDEWALK EASEMENT D14. Approval to accept Real Property Improvement Contract and Lien Agreement from Joe and Carla Bentivegna for a single family residence, located at 7805 Sierra Vista. (0602-01 AGREE LIEN) RESOLUTION NO. 91-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM JOE AND CARLA BENTIVEGNA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D15. Approval to reject all bids for the Sierra Madre Avenue Street Improvement, located from Arrow Route to Ninth Street. (0601-01 BID) D16. Approval to award and authorization for execution of Contract for Arrow Route Bridge Improvement Project (CO 91-032), located at Cucamonga Creek for the amount of $370,410.26 ($336,736.60 plus 10% contingency), to be funded from Systems Development Fund, Account No. 22-4637-8738 and FAU Fund Account No. 24- 4637-8775. (0511-01 AWARD) (0602-01 CONTRACT) D17. Approval and execution of Program Supplement No. 5 (CO 91-033) to Local Agency- State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of California for the Construction of the Milliken Avenue Underpass and Street Improvements between 6th Street and Jersey Boulevard. The Supplement sets the State reimbursable portion of the project at $996,096.00 and the City's portion at $3,645,634.00. Reimbursable funding from the supplement agreement shall be deposited to the SB-140/Fund 35 Account. (0602-01 CONTRACT) RESOLUTION NO. 91-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 5 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE CONSTRUCTION OF THE MILLIKEN AVENUE UNDERPASS AND STREET IMPROVEMENTS BETWEEN 6TH STREET AND JERSEY BOULEVARD D18. Approval to execute Improvement Agreement Extension for Tract 12870, located on the north side of Highland Avenue between Etiwanda Avenue and East Avenue, submitted by Daly Homes. (0602-01 AGREE EXTN) (11) (13) (15) City Council Minutes June 5, 1991 Page 6 (20) RESOLUTION NO. 91-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12870 D19. 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. 91-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12895 D20. Approval to execute Improvement Agreement Extension for Tract 13281, located ont he northwest corner of Base Line Road and Rochester Avenue, submitted by Covington Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 91-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281 D21. Approval to execute Improvement Agreement Extension for Tract 13316, located on the northeast corner of Archibald Avenue and Carrari Street, submitted by Friedman Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 91-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13316 D22. Approval to execute Improvement Agreement Extension for Tract 13441, located on the northeast corner of Victoria Park Lane and Kenyon Way, submitted by Grupe Development. (0602-01 AGREE EXTN) RESOLUTION NO. 91-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13441 D23. Approval to execute Improvement Agreement Extension for Tract 13873, located on the northwest corner of Victoria Park Lane and Atwood Street, submitted by Atwood Victoria Joint Venture. (0602-01 AGREE EXTN) City Council Minutes June 5, 1991 Page 7 RESOLUTION NO. 91-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13873 D24. Approval to execute Improvement Agreement Extension for Parcel Map 9498 4th Street Medians, located on 4th Street east of Haven Avenue, submitted by Reiter Rinker Gateway/Haven Gateway Partners. (0602-01 AGREE EXTN) RESOLUTION NO. 91-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9498 4TH STREET MEDIANS D25. Approval to execute Improvement Agreement Extension for Parcel Map 11410, located on the south side Arrow Route between Haven Avenue and Utica Avenue, submitted by Utica-Haven Associates. (0602-01 AGREE EXTN) RESOLUTION NO. 91-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11410 D26. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 9498 Haven Avenue Medians, located on Haven Avenue at 4th Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 66,500.00 RESOLUTION NO. 91-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9498 HAVEN AVENUE MEDIANS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D27. Approval to Release Maintenance Guarantee Bond for Tracts 9399 and 9400 located on the north side of Banyan Street, between Beryl Street and Hellman Avenue. (0602-01 BOND REL) Release Tract 9399: Maintenance Guarantee Bond (Street) $ 4,900.00 Release Tract 9400: Maintenance Guarantee Bond (Street) $ 2,500.00 (22) (23) (24) City Council Minutes June 5, 1991 Page 8 (25) (26) (27) (28) (29) (3o) (32) D28. Approval to Release Maintenance Guarantee Bond for Tract 12642, 12935-44 Landscape, located on the southeast corner of Milliken Avenue and Banyan Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 82,200.00 D29. Approval to Release Maintenance Guarantee Bond for Tract 12936, located on the west side of Hillview Loop at Kettle Peak Place and Mt. Palomar Street. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 10,800.00 D30. Approval to Release Maintenance Guarantee Bond for Tract 12938, located on the north side of Terrace View Loop between Mineral Peak Court and Mammoth Peak Court. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 13,960.00 D31. Approval to Release Maintenance Guarantee Bond for Tract 12939, located on the east side of Hillview Loop at Tioga Peak Court, Pikes Peak Court and Kettle Peak Place. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 8,500.00 D32. Approval to Release Maintenance Guarantee Bond for Tract 12943, located on the east side of Hillview Loop at Pikes Peak Court and Tioga Peak Court. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 10,900.00 D33. Approval to Release Maintenance Guarantee Bond for Tract 13560, located on the west side of Netherlands View Loop at Mt. Sterling Court and Mt. Lassen Court. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 6,500.00 D34. Approval to Release Maintenance Guarantee Bond for Tract 13642, located on the east side of Beryl Street between 19th Street and Hamilton Avenue. (0602-01 BOND REL) Release: Maintenance Guarantee Bond (Street) $ 21,000.00 D35. Approval to Set a Public Hearing Date of July 3, 1991, for an Environmental Assessment Review for the proposed Haven Rehabilitation Project, 4th Street to north of Foothill Boulevard. (1110-10 STREET PI) City Council Minutes June 5, 1991 Page 9 RESOLUTION NO. 91-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND SETTING A PUBLIC HEARING DATE OF WEDNESDAY, JULY 3, 1991, FOR THE PROPOSED HAVEN AVENUE REHABILITATION PROJECT, 4TH STREET TO NORTH OF FOOTHILL BOULEVARD ENVIRONMENTAL ASSESSMENT REVIEW D36. Approval Preliminary Engineer's Reports and Setting a Public Hearing for July 3, 1991, to levy the annual assessments and approve the Preliminary Engineer's Reports for Landscape Maintenance District Nos. 1, 2, 3A, 3B, 4, 5, 6, 7 and 8. (0401-03 LNSCAPE MD) RESOLUTION NO. 91-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 1991/92 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND OFFERING A TIME AND PLACE OF HEARING OBJECTIONS THERETO RESOLUTION NO. 91-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 D37. Approval of Preliminary Engineer's Reports and Setting a Public Hearing for July 3, 1991, to levy the annual assessments and approve the Preliminary Engineer's Reports for Street Lighting Maintenance District Nos. 1, 2, 3, 4, 5, 6, 7 and 8. (0401-01 ST LT MD) RESOLUTION NO. 91-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 1991/92 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 91-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 (33) (34) City Council Minutes June 5, 1991 Page 10 (35) (36) MOTION: Moved by Alexander, seconded by Williams to approve the Consent Calendar with the exception of Item D6 and with the corrected Resolution number as stated above. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D6. Approval to expend $1,500.00 to acquire anti-graffiti signs from We-Tip to be funded from asset seizure account No. 70-276-511. Councilmember Williams questioned where the signs would be placed and questioned if 100 signs would be enough. Mayor Stout suggested possibly more signs could be added if necessary. Councilmember Buquet suggested the signs be coated with anti-graffiti material so that they cannot be marked on. MOTION: Moved by Williams, seconded by Buquet to approve Consent Calendar Item No. D6. Motion carried unanimously, 5,0. E. CONSENT ORDINANCES El. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 91-02 - CITY OF RANCHO CUCAMONGA - To define and establish development criteria for recycling uses within the Industrial Area Specific Plan. (0203-05 INDUS SP) Debra J. Adams, City Clerk, read the title of Ordinance No. 447. ORDINANCE NO. 447 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 91-02, ESTABLISHING REGULATIONS FOR RECYCLING COLLECTION AND PROCESSING, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Wright, seconded by Buquet to waive full reading and approve Ordinance No. 447. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION TO APPROVE ANNUAL ENGINEER'S REPORT AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT (85-PD) Staff report presented by Joe O'Neil, City Engineer. (0401-03 PARK AD) Councilmember Williams asked how many units have been added to this Assessment District since its inception. City Council Minutes June 5, 1991 Page 11 Jerry Fulwood, Deputy City Manager, stated approximately 3,000 for a total of 27,000 parcels of land, which includes vacant land and dwelling units. Councilmember Wright stated she found a discrepancy from when this was originally approved and what was in the staff report where it states on page 100A, second to the last paragraph, last sentence, "Projections for future years indicate these maintenance costs will not decrease but will increase at an estimated annual rate of 9%." She stated the original brochure, from when this was approved, indicated just the opposite by stating it was anticipated that costs will decrease. She asked what has changed, besides increased costs in water and electricity, to call for an increase in the Assessment District. Jerry Fulwood, Deputy City Manager, stated when this District was formed there was a lot of vacant land, and it was felt that as the properties developed, they would subdivide and hopefully there would be more single family units to offset the cost. He stated this happened to some degree, but not as was anticipated back in 1985. He stated when this District was first formed, the debt service was approximately $900,000.00. He stated at that time the City had very little money so staff did a thorough analysis and found additional dollars. Over the years this has subdivided and revenues have begun to generate, but it has not gone over the inflation rate. He stated that was why in 1986 the assessment rate was reduced to $33.50, and then the following year it was raised. He stated then the parks came on line, and the opportunity to raise the rates. He stated in 1987 he raised the point that assessments might need to be raised, because there were challenges with this Assessment District. Councilmember Wright stated that the staff report referred that in the future of possibly including some capital costs, and stated in referring to the original brochure of 1985 it mentioned maintenance being a part of this, but that the total cost could not be increased. She asked Mr. Markman if the capital improvements in the future could necessitate having to reestablish the bonds. James Markman, City Attorney, stated he did not think so, but stated the Landscape and Lighting Act of 1972 allows a district to include other capitalized projects if the Council sees fit after a public hearing, that they have to be described in an engineering report if they are improvements, not maintenance. He added they are allowed to assess, in addition, to cover this. He stated the City is authorized to assess for all the maintenance and for additional improvements if they see fit. Councilmember Williams asked if an action is being made that is changing the policy, because she felt it would never go higher than $35.00. James Markman, City Attorney, stated it was legal to change this if the Council wanted to. Mayor Stout opened the meeting for public hearing. Addressing the City Counc_i were: City Council Minutes June 5, 1991 Page 12' Joe Jutt, 6858 Valinda, stated he felt when the 1972 Act was enacted, the public was against it. He stated he did not think the $48.00 amount was that large of an increase, but wondered how much higher it would go. He asked if there would be further increases after 1991/92. Joe O'Neil, City Engineer, stated the maintenance costs would continue to go up approximately 9% per year. Sonny Cinzero stated today was the first time he had seen anything in the paper about the assessment increase, and felt there should be more notice to the public. He stated the increase was calculated at more than 9%. Councilmember Buquet stated that unfortunately the City does not have a lot of control over the stories that go in the paper which would inform the residents about such things as the assessment increase. Mr. Cinzero felt somehow the word should get out to the residents. He stated he is not against the increased assessment, but the way it was being forced on the public through the City Council's decision. Councilmember Buquet stated if the assessment was not increased for the parks, the level of service would go down and the parks' appearance would not be what the residents would want it to be. Mr. Cinzero reiterated he did not feel there was enough notification to the residents about this public hearing. Ed Bedney stated he did not have a problem when this assessment district was formed, but now did not agree with the increase. He felt the City should cut back in other areas instead of having the increase. Bill Alexander, asked for a copy of the Engineer's Reports from 1985 through 1991. Staff stated the information would be provided to him. Bill Ungles, 6375 Sapphire, stated he did not approve of paying for the increased assessment just for the recreational user groups to benefit. He felt the sports groups were tearing up the fields which required repairs by the City. He felt a fee should be charged to the user groups to help maintain the fields that they use. He asked that the Council look at all income sources before raising the tax on 85-PD. Patrick Collins, 6596 Etiwanda stated he did not want the City to change its parks program. He felt the parks were very important for the children to play in. He also added he did not think fees should be charged to the user groups. He concluded by saying he did not have a problem in raising the tax if it was justified. Jim Banks, stated he did not think the increase was too much according to the Consumer Price Index. City Council Minutes June 5, 1991 Page 13 Jim Frost, City Treasurer, felt there should not be any hidden agendas by the City Council regarding this matter. There being no further response, the public hearing was closed. Councilmember Wright stated she felt this matter should have been publicized more in the newspaper so that the residents would have been more aware of what was happening. She stated that the people should be able to vote on this assessment increase along with the ones coming up in July. She felt the City Council needed to look to see if the residents could afford the increased assessment. Councilmember Williams pointed out that when this Assessment District was established in 1985, it was the understanding that there would not need to be an increase in the assessment. She felt the residents should be able to give input for this Assessment District taxing policy. Councilmember Alexander stated as elected officials, the Council should be making these decisions, and did not feel every time a controversial matter came up that it should be put to a vote of the people. He felt the City Council needed to make a decision and "bite-the bullet." Councilmember Buquet stated he did not like how this Assessment District was originally established, but felt the City Council needed to go ahead and make the decision. Mayor Stout stated there was nothing anyone can do abut the decision that was made in 1985, and that it did not matter who was on the City Council at that time. He stated he agreed with Councilmember Alexander as far as the City Council making the decision now as elected officials of the people. Councilmember Williams stated she had no problem with the increase, but felt the policy as a whole was what bothered her. Mayor Stout stated he felt that communities such as Victoria, or the larger Assessment Districts, should possibly identify what level of service they wanted for their landscaping, but that the City should determine the cost. He Suggested that a report be sent to the residents identifying what the status was of their Assessment District, list the options, and ask them what they would like the City to do, but he did not feel that process should be done on the smaller ones because of the cost factor involved to do this. Councilmember Wright stated a mail-in ballot like what was done with the CFD's and the mobile home parks was what she was talking about. MOTION: Moved by Wright to put the assessment increase for 85-PD to a vote of the people via City mail as was done with the mobile home park ballots. Motion failed due to lack of second. City Council Minutes June 5, 1991 Page 14 (37) Councilmember Buquet felt there needed to be a policy created as it relates to assessment increases. He did not think it should go to a vote of the people every time a hard decision needs to be made by the City Council. He felt there should be something in The GraDevine, prior to the tax bill coming out, about the proposed increase and any future increases that might occur in the future. RESOLUTION NO. 91-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NO. 85-PD (HERITAGE AND RED HILL COMMUNITY PARKS) MOTION: Moved by Stout, seconded by Alexander to approve Resolution No. 91-153 and to set the assessment at $52.00. Motion carried 4-1 (Wright no). Councilmember Wright stated she was voting no because she felt it should be a vote of the people, but not that she was necessarily against the increase. Mayor Stout called a recess at 9:15 p.m. The meeting was called back to order at 9:36 p.m. with all Councilmembers present. G. PUBLIC HEARINGS G1. 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. Staff report presented by Dan James, St. Civil' Engineer. (0401-12 FEES) (0701-06 APPEAL) Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Jim Banks, 13181 Victoria Street, stated he felt his circumstances were different because other projects that were pending had other things they needed to accomplish before they received their permit, but stated he did not have anything to accomplish. He stated he had met every requirement placed on him by the City, and asked that the City deem his application as complete and accepted which would entitle him to the refund. There being no further input, the public hearing was closed. Councilmember Wright asked if there had been other appeals regarding this same matter. Staff responded stating they were not aware of any. City Council Minutes June 5, 1991 Page 15 James Markman, City Attorney, stated that Mr. Banks had met the City's requirements before this policy was established. He pointed out to the Council that other individuals might possibly apply for a refund of the fees at a later date and that the decision made at this meeting might be setting a precedent for the future. Councilmember Buquet stated because of the circumstances of this project, and because he was not concerned about the precedent that might be set, he felt a policy regarding a timeframe should be created as to when the fee should go into effect. Councilmember Alexander stated he would like to know more of the impacts of this before he makes a decision. Mayor Stout asked Mr. Markman how he would state the policy as it currently exists. James Markman, City Attorney, stated the present policy as expressed in the ordinance is that when someone has a permit issued that the then current drainage fees have to be paid in order to have the permit issued. He added it does not matter how big or small the project is or the amount of time a project was in design review. Mayor Stout stated he does not understand this well enough to make a decision, as was stated ~y Councilmember Alexander. Councilmember Buquet felt there needed to be criteria established relating to the size of the project also. Jack Lam, City Manager, suggested that staff develop something to define the situation as it relates to Mr. Banks and to also check into the possibility as to the affects of what might happen in the future with matters of this nature. Mayor Stout stated he would like to see a policy set and for it to be followed for everyone. He suggested staff work up several policy options and the precedent implications of each one of them for the Council to look at so they can select what they want as a policy. He stated then once a policy was selected, Mr. Banks' situation could be applied to the policy. Councilmember Buquet felt the size of Mr. Banks' project was something that should be considered also. MOTION: Moved by Wright, seconded by Alexander to continue to the July 3, 1991 meeting with the direction as stated above. Motion carried unanimously 5-0. City Council Minutes June 5, 1991 Page 16 (38) H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO ACCEPT IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR TRACT 10210 ALMOND INTERCEPT CMANNEL, LOCATED ON THE.NORTMWEST CORNER OF ALMOND STREET AND SAPPHIRE STREET ITEM REMOVED FROM AGENDA (0602-01 BOND REL) (0704-18 NOT COMPLT) Rclcacc: Faithful Pcrformancc Bond (Strcct) $587,400.00 Acccptt Maintcnancc Cuarantcc Bond (Strcct) $ 58,740.00 (39) RESOLUTION NO. 91 15~ A RESOLUTION OF THE CITY COUNCIL OF TME CITY OF RANCMO CUC~ONCA, CALIFORNIA, ACCEPTINC TME PUBLIC IMPROVEMENTS FOR TRACT 10210 ALMOND INTERCEPT CMANNEL AND AUTMORIEINC TME FILINC OF A NOTICE OF COMPLETION FOR TME WORK H2. CONSIDERATION OF COUNTY REFERRAL 88-05 - UNIVERSITY CREST - Preliminary Plan of Development, Master Tentative Tracts, Tentative Tract Maps, and Final Plan of Development for 1,239 single-family units and commercial, school, park, and open space on 1,111 acres in the Rancho Cucamonga Sphere area; request for review of the City's requests to the County Planning Commission and Board of Supervisors. Staff report presented by Miki Bratt, Associate Planner. (1503-01 SPHERE INF) Mayor Stout opened the meeting for public comment. Addressing the City Council was: Joe DiIorio presented information to the Council pertaining to the University Crest project. He felt things could be worked out so that this was a win-win situation for all parties involved. Mayor Stout asked Rick Gomez, Community Development Director, if he felt the letter Mr.~DiIorio previously referred to, which was about a meeting they had attended with Bob Mickelson, was what was discussed at that meeting. Rick Gomez, Community Development Director, stated he felt the letter was distorted in many ways and that some of the topics mentioned in the letter were not even discussed at the meeting. Joe DiIorio stated he would withdraw the letter because he was not aware it had incorrect information. Mayor Stout stated that Councilmember Buquet was also to have attended the meeting with Mr. Mickelson, which Mr. Mickelson had requested, but could not due to an emergency. He also pointed out that there had been a meeting with him, the full consortium, City staff and Jon Mikels. City Council Minutes June 5, 1991 Page 17 Mayor Stout asked Mr. Lam if the City has had discussions with the County as far as the property tax exchange rate being offered. Jack Lam, City Manager, stated many cities in this County have historically battled the County over the share of property tax that actually gets transferred to the cities. He stated what happens is that the County allows annexation, but gives very little property tax back. He stated Rancho Cucamonga gets 4.5 cents back from the County for each dollar. He stated the County has arbitrarily taken the position to cut this amount in half, which he has received information from the CAO's office about. He stated one cannot assume when you look at the financial resources needed for an area with police protection outside the City, and once it is inside the City, everyone also has to agree to transfer the adequate amount of money to support those services. Joe DiIorio stated he agreed with this statement. Jack Lam, City Manager, stated that the park in the Caryn Community was voluntarily provided because the County did not have any requirements for parks and was intended for the purpose that Mr. DiIorio had previously indicated. He stated after the agreements had been signed, the Etiwanda School District needed more land for the school than what was available, and the school letters were held up, and consequently a chance of litigation or the project might be held up indefinitely. He added at that point the City asked for an equivalency as a donation toward a future park, and in return for that, the school situation was resolved, the school letters were released and then construction began. He added if that had not occurred, he was not sure how that would have turned out, but possibly in litigation. There being no further input, the public comment section was closed. Councilmember Buquet asked if the fees established in the Mello-Roos cover the long term potential for annexation in terms of fire protection. Chief Michael, Fire District, stated as far as the Mello-Roos Community Facilities District 88-1, which is the north Etiwanda area, and also CFD 85-1, the fees currently being charged were designed to meet the capital as well as operations and maintenance needs for a fire station in that region. He stated there were some areas that were not covered in the CFD's, i.e., maintenance of green belt areas, and setbacks. Councilmember Wright asked if after hearing Mr. DiIorio's comments if it changed any of staff's recommendations. Brad Bullet, City Planner, and Jerry Fulwood, Deputy City Manager, stated no. Jerry Fulwood, Deputy City Manager, stated there were comments made in terms of the fiscal impact reports that were not similar with major disagreements in terms of concepts, and the impact on the City in terms of police and fire, and also there were new drainage standards that the City would be impacted by which were not accurately reflected in those reports. He stated the City has communicated these concerns with the County and has requested that they work with the City on City Council Minutes June 5, 1991 Page 18 providing a new fiscal impact report so that it would reflect the impact their decision would have upon the City if those properties were annexed into the City at a future date. He stated this same concept was applied to the financing of infrastructure because the City Council has conservative and strict standards on financing; therefore, any financing that occurred within the County would also fall within the basic guidelines of Rancho Cucamonga. He stated the City does have concerns with police service and the tax transfer rates. He added one reason the police CFD was formed was to help compensate because sufficient funding could not be obtained from the County if those properties were annexed into the City. He stated the City was being very conservative and prudent with their dollars in doing a fiscal impact report. He stated staff was looking to purchase a program to do their own fiscal impact reports in-house which could be presented to Council on an ongoing basis, thereby reducing the cost of contracting for the service. Councilmember Alexander asked if the City was bending at all to help settle any differences on the requirements for this project. Jerry Fulwood, Deputy City Manager, stated the City has been willing to discuss key issues to see if they could find a comfortable position so it could be presented to the City Council. He stated that from the financial or fiscal impacts, in. many cases staff has expressed concerns for developing a comparative fiscal impact report that would reflect the differences of University Crest's version of the plan, so it could be looked at side-by-side to analyze it. He felt it would be reasonable to do this with the County, but it was shot down by the developer and the County because they felt it would hold up the project and that it was not necessary. Councilmember Alexander stated if this was developed in the County it would still have an impact on the City, and would like to see everyone work together.' Mayor Stout stated he did not think the City Council was ready to make a decision on this project until both the City and the County have completed their Specific Plans. He stated what he felt staff was asking the Council to do was ask the County not to approve the project at this point. Brad Buller, City Planner, stated what frustrates the City was that the tract was going forward with the County and that the City was trying to respond to an action that was being pushed forward, and that all the City was asking for was the time to talk. He stated the City staff was being criticized for not representing the policy makers of the community. He stated staff was not being allowed the opportunity to see what was being proposed so that it could be presented to the City Council. He stated staff was supporting the Resolution being presented to the Council at this meeting. Councilmember Buquet stated after looking at both the City's and Mr. DiIorio's Resolutions, he did not think there was that much difference. He stated he has an uncomfortable feeling with all that is going on with this project. Councilmember Wright stated the City Council has previously directed staff to work on the annexation, and now feels there are undermining tactics going on. She felt staff should go forward with this plan. City Council Minutes June 5, 1991 Page 19 Mayor Stout stated he thinks the City Council should follow staff's recommendation which was what the Council originally directed staff to do. RESOLUTION NO. 91-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THE SUPPORT OF THE SAN BERNARDINO COUNTY BOARD OF SUPERVISORS RELATIVE TO THE CITY ACTIONS TO ANNEX THE ETIWANDA NORTH SPHERE AREA MOTION: Moved by Stout, seconded by Wright to approve Resolution No. 91-155. Motion carried 4-1 (Alexander no). Councilmember Alexander stated that was not a slam on staff, only on an opinion that was expressed earlier. I. COUNCIL BUSINESS No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Wright asked for a report on the method used to remove the dead eucalyptus wood. because of the borer beetle attack up on Carnelian, and asked if the accepted guidelines were used for removal of borer beetle infested wood. K. COMMUNICATIONS FROM THE PUBLIC K1. Joe DiIorio addressed the Council again on his philosophy on the information he presented on the Eti~.~anda North matter. He informed the Council of the schedule for the County t~'.eetings that have taken place and that are set for the future. K2. Richard Martz, 8745 Luraline, stated ~e was present at the previous City CoUncil meeting and was directed no talk to Captain Zeiner and has not received any results from the Sherlff's Department. He stated he would like to write a letter to the Cit~' Council about these matters for the City Council to keep on file, and would let the matter drop unless the Council felt otherwise. Councilmember Buquet stated he would like to see a response on the letter once it is written. City Council Minutes June 5, 1991 Page 20 K3. Councilmember Wright stated she would like to apologize to Beth Gaston of the Inland ValleV DailV Bulletin, that she was not criticizing her personally, only the Editor of the newspaper for not giving more publicity on the Assessment District issue. She asked Beth to respond to this matter. Beth Gaston explained that she did not receive all the information in her agenda packet in time to get an article in the paper any earlier. She continued to explain the chain of events of why this did not get in the paper until Tuesday. She stated she was willing to put Rancho Cucamonga articles in the paper, but that staff or Council needs to let her know what they would like in there. L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Williams to adjourn to Executive Session to discuss pending litigation with American Insurance and personnel matters. Executive Session to adjourn to June 13, 1991, 7:00 p.m. in the Tri-Communities Conference Room for a budget workshop. Motion carried unanimously, 5-0. The meeting adjourned at 11:38 p.m. Respectfully submitted, / - Debra J. Adams, CMC City Clerk Approved: July 17, 1991