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."
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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
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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
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June 5, 1991
Page 4
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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)
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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)
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June 5, 1991
Page 6
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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)
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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
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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
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June 5, 1991
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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.
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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:
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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