Loading...
HomeMy WebLinkAbout1995/06/21 - Minutes June 21, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 21, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:18 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manger; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda D. Daniels, RDA Manager; Jan Reynolds, Assistant RDA Analyst; Dan Coleman, Principal Planner; Miki BraE, Associate Planner; Joe O'Neil, City Engineer; Dave Blevins, Public Works Maintenance Manager; Mike Olivier, Sr. Civil Engineer; Bob Zetterberg, Integrated Waste Coordinator; Robert Dominguez, Administrate Services Director; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Susan Mickey, Management Analyst I; Capt. Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Jan Sutton, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS BI. Presentation of Proclamation to the Cucamonga Bad Girls Basketball Team congratulating them for their Southern California Championship and wishing them success at the National Championship. Mayor Alexander presented the proclamation to the Bad Girls Basketball Team. The Coach for the Bad Girls thanked them for their support and stated they were still in need of funds for their trip to the National Championship. B2. Presentation of Proclamation to Dean Smothers recognizing his years of service to the community. ACTION: Item B2 continued until such time as Dean Smothers could be present. C. COMMUNICATIONS FROM THE PUBLIC C1. John Van Doren, 11186 Corsica, stated he would be addresing the Coancil under the Route 30 Update item, and wanted to let the Council know about his interest in the Task Force. He outlined his background in the transportation field, and stated he has given 16 years of community service in other ci'des. He felt the Council has been proactive and forming the Route 30 Task Force was a good idea, but that they erred when they allowed outside factions to dictate who could serve on the committee. He felt the Council should hold a public hearing on the issue so the rest of the community be heard. City Council Minutes June 21, 1995 Page 2 C2. Sharon Delaney, 5458 Via Serena and a 26 year resident, stated they were given notice in late December that their street was to be slurried and they would have to park in another area but their street was forgotten. She stated she contacted the City regarding this in April and felt that nothing was being done and she was being given the run around. She wanted to ask for action on this matter. She stated that City personnel were not available after 5:30 p.m. and that they did not return calls until the next day. C3. Request by Geor.qe Kuykendall, President of San Antonio Community Hospital, to address the City Council on the proposed San Bernardino County Medical Center George Kuykendall, 6141 Jasper, stated they have asked the County Board of Supervisors to reassess their plans to proceed with building another County Hospital. He stated it is designed for 375 beds and scheduled to be open 1998/99. He stated they were concerned with the $700 million construction cost, and that it will cost $1.5 to $2 billion by the time the bonds are defeased, especially at a time when the County was looking at closing other County hospitals. He stated no one is denying the County Hospital is not in good shape and that something needs to be done to care for the patients, but this hospital was designed in the early 1980's, and the methods for patient care have changed dramatically. The new project will not be utilized as predicted, and about 45% of the projected use will never occur. He felt this project represented a significant long-term loss to the County. He stated two grand juries have found this to be an unneeded project and it should be stopped. He felt the County should change their plans and pay the penalties rather than going into worse debt. He stated as a resident of Rancho Cucamonga he believed this further financial stress will be detrimental to the future of the City and would suggest that this plan be reconsidered. Councilmember Gutierrez agreed they were increasingly in an environment where cost is passed down, and they should have a proactive interest in what the County is placing in their budget because somewhere it will impact them. He stated they should let the County know how they felt. Councilmember Biane asked about the utilization projections. George Kuykendall stated in the last three years, some of the rates of utilization have declined 10-15%. Councilmember Biane asked with all the studies that have been done and that recommend they not go forward, why is the County still proceeding with the project. George Kuykendall stated he does not know why and cannot come up with a reason why they are continuing. Mayor Alexander asked if the existing hospitals are not getting used, and would patients be transferred to the County hospital. George Kuykendall stated all hospitals must treat patients irregardless of their ability to pay, but once they are stabilized and the patient requests it, a transfer is made. He stated what they would like to do is set up a contract with the County to treat people at their facilities and be reimbursed for medical services. Councilmember Williams asked if there was adequate patient capacity with the existing hospitals. George Kuykendall stated there was ample capacity. Councilmember Curatalo asked if the County has reviewed the plan since its initial inception. City Council Minutes June 21, 1995 Page 3 George Kuykendall stated not to his knowledge. He stated many hospitals have met with the Board of Supen/isors and many cities have passed resolutions, but so far they have not gotten anywhere yet. Councilmember Curatalo asked if it would help if they were to pass a resolution. George Kuykendall stated it would, and hoped that the Council would consider doing so. D. CONSENT CALENDAR Jack Lam, City Manager, advised that a revised staff report for Item D6 has been passed out, and that the report for Item D12 was now before the Council. DI. Approval of Minutes: April 5, 1995 (Regular Meeting) May 17, 1995 May 18, 1995 June 1, 1995 June 2, 1995 D2. Approval of Warrants, Register Nos. 5/24/95, 5/31/95 and 6/7/95; and Payroll ending 6/1/95 for the total amount of $2,132,620.03. D3. Approval to receive and file current Investment Schedule as of May 31, 1995. D4. Alcoholic Beverage Application for Beer and wine Import and Wholesale for International Import & Distributing, Domenic F. Sarzotti, 8358 Maple Place, Suite A. D5. Approval to create Page II Classification for the Rancho Cucamonga Public Library. D6. Approval of temporary variance of the Sports Field Light Policy for Alta Loma Little League Tournament July 5 through July 19, 1995. D7. Approval of the 1994/95 AB 2788 Maintenance of Effort Certification, Public Safety Augmentation Fund. RESOLUTION NO. 95-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING ITS MAINTENANCE OF EFFORT REQUIREMENTS PURSUANT TO ASSEMBLY BILL 2788 (PUBLIC SAFETY AUGMENTATION FUND) D8. Approval to execute Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 94-21, located on the east side of Toronto Avenue, north of Seventh Street, submitted by John W. Wider. RESOLUTION NO. 95-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW 94-21 City Council Minutes June 21,1995 Page 4 RESOLUTION NO. 95-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 94-21 D9. Approval to execute a Professional Services Agreement (CO95-019) with Agajanian and Associates for the preparation of a Commercial Land Use and Market Study, Not to Exceed $45,900.00, to be funded $30,000 from Account No. 01-4353-6028 for Fiscal Year 1994/95 and $15,900 from Account No. 01-4353- 6028 for Fiscal Year 1995/96. D10. Approval to award and authorization to execute contract (CO95-020) for Traffic Signal and Safety Lighting at the intersection of Arrow Route and White Oak Avenue, to Hovey Electric for the amount of $97,735.00 ($88,850.00 plus 10% contingency) to be funded from TDA Article 8 Account No. 12-4637-9401. D11. Approval to award and authorization to execute contract (CO95-021) for 1994/95 Fiscal Year Pavement Rehabilitation Program Phase II Improvement Project, at Various Locations, to Laird Construction for the amount of $555,923.50 ($505,385.00 plus 10% contingency) to be funded from Account Nos. 01-4640-9400 and 10-4637-9113. D12. Approval to award and authorization to execute contract (CO95-022) for Rancho Cucamonga Neighborhood Center Improvements, to be funded from CDBG Account No. 28-4333-9105, to the Apparent Low Bidder to be determined at the bid opening scheduled for 10:00 a.m. on Thursday, June 15, 1995. sm~o~. ~ .... o~ ~oo~ ITE~ REMOVED FRO~ AGENDA. MOTION~ ~ove~ ~y Bi,ne, se~on~ ~y ~lli~ms to ~pprove ~e s~ff recommen~Mons ~on~ine~ in ~e s~ repo~s o~ ~e Gonsent C~len~r~ wi~ t~e exception o~ I~em D1 ~. ~otion ~rrie~ unanimously, ~-0~ wit~ GuMerrez ~s~ining on I~em D3. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT NO. 95-01, ALONG ARCHIBALD AVENUE AND ALONG 4TH STREET; 1,600 FEET NORTH AND EAST OF THE INTERSECTION USING RULE 20-A FUNDS Staff report presented by Mike Olivier, Sr. Civil Engineer. Councilmember Biane clarified that the utility poles would still be there for the 66KV. Mike Olivier, Sr. Civil Engineer, stated yes, but they would be moved north some. Councilmember Biane inquired about improvements that would made to that intersection. City Council Minutes June 21, 1995 Page 5 Mike Olivier, Sr. Civil Engineer, stated the south side is in the City of Ontario, but they planned to improve the north side with the addition of right turn lanes. Mayor Alexander opened the public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 95-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITY DISTRICT NO. 95-01, ALONG ARCHIBALD AVENUE AND ALONG 4TH STREET, 1,600 FEET NORTH AND EAST OF THE INTERSECTION OF ARCHIBALD AVENUE AND 4TH STREET, USING RULE 20-A FUNDS MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 95-097. Motion carried unanimously, 5-0. F2. CONSIDERATION TO ADOPT THE cOUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN (CIWMP) SAN BERNARDINO COUNTY - The County of San Bernardino has prepared a Countywide Siting Element and Countywide Summary Plan as part of the Countywide Integrated Waste Management Plan (CIWMP). The Countywide Si~ng Element identifies where the County will obtain disposal capacity for the next 15 years. The Countywide Summary Plan summarizes local solid waste management practices and waste diversion programs and identifies programs and facilities that can be utilized on a cooperative basis. Staff report presented by Bob Zetterberg, Integrated Waste Coordinator. Councilmember Gutierrez asked what was the impact of this plan on other proposed projects in the County, such as the rail waste. Bob Zetterberg, Integrated Waste Coordinator, stated this was separate from any other plans. Councilmember Biane asked about the three locations the plan has identified for siting. Bob Zetterberg, Integrated Waste Coordinator, stated this plan identified all the landfills within the County, of which there were 15, and the sites selected as part of the strategy plan were not identified as part of the' closure plan. He stated there would be a separate report on those coming back in the near future. Mayor Alexander opened the meeting for. public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 95-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN (CIWMP) SAN BERNARDINO COUNTY MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 95-098. Motion carried unanimously, 5-0. City Council Minutes June 21,1995 Page 6 F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 95- 0la - NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street, east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-062-01. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 95-01 - NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street, east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-062-01. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-01 - NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street, east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-062-01. Staff report presented by Miki BraE, Associate Planner. Mayor Alexander opened the meeting for pUblic hearing. Addressing the Council was: Pete Pitassi, 8439 White Oak and represenlJng the Northtown Housing Development Corporation who owned the project, stated they agreed with and supported staff's recommendations. Councilmember Williams asked how many units are being planned for the proposed project. Pete Pitassi stated they are proposing 14 units. Councilmember Curatalo asked if those would be affordable housing units. Pete Pitassi stated yes. There being no further response, the public hearing was closed. RESOLUTION NO. 95-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 95-01A, CHANGING THE GENERAL PLAN LAND USE MAP FROM INDUSTRIAL PARK TO LOW MEDIUM RESIDENTIAL FOR 1.38 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01 City Council Minutes June 21,1995 Page 7 RESOLUTION NO. 95-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 95-01, CHANGING THE DEVELOPMENT DISTRICTS MAP FROM INDUSTRIAL PARK TO LoW MEDIUM RESIDENTIAL FOR 1.38 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01 RESOLUTION NO. 95-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-01 REMOVING FROM THE INDUSTRIAL AREA SPECIFIC PLAN LAND USE MAP 1.38 ACRES DESIGNATED INDUSTRIAL PARK (SUBAREA 17) LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01 MOTION: Moved by Williams, seconded by Curatalo to approve Resolution Nos. 95-099, 95-100 and 95-101. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS HI. CONSIDERATION OF THE ADULT SPORTS COMPLEX REQUESTED MODIFICATIONS AND USES, PAVILION CONSTRUCTION AND OPERATION, ATM INSTALLATION, OPEN AIR MARKET/FLEA MARKET, AND PROFESSIONAL BOXING (Oral Report) Jerry Fulwood, Deputy City Manager, stated they receive numerous requests for usage of the Sports Complex, and the Council Subcommittee has been working with staff on recommendations on uses that are out of the ordinary in order to maintain the integrity of the Sports Complex. He stated there were four issues currently being proposed. (1) The first dealt with installing an ATM machine in the concourse area. He stated the Subcommittee reviewed this request and had concerns for the safety of the residents and people who use the Sports Complex. During games there were large crowds but on off days it exposes the user to safety Problems. The Subcommittee's recommendation was not to install one, and that the Police Department also felt the same. He added the feeling is for the City to continue to look at the issue and see if they come up with something safe which they would then consider installing at their facility. (2) The second request was for an open air market in the expansion parking lot. He stated they reviewed the Orange County open air market and their problems and successes. He stated the challenge facing Rancho Cucamonga would be that the facility was constructed with tax exempt bonds. He stated any usage by one organization cannot exceed a 10% ratio or else it would make the bonds become City Council Minutes June 21, 1995 Page 8 taxable, and it was felt that this activity would do just that. If that were to occur, the debt service would be accelerated and redevelopment funds would have to be used to bring it down which would bankrupt the Redevelopment Agency. It would also have an adverse impact on the holders of the bonds because now their tax-exempt investment would become taxable and this could create major lawsuits for the City. It would also cause the City to loose credibility in the bond market if they were to do such a thing. Another consideration is that the expansion parking lot is used in the winter for youth sports, and they could no longer use that facility if a flea market was being held there. He stated there was also a concern about increased vandalism and graffiti with the increased use of the facility; therefore, for all of the above reasons, the Subcommittee did not recommend holding an open air/flea market at the Sports Complex. (3) The third request was to construct and operate a Pavilion adjacent to the Epicenter. There were a number of unanswer financial questions, such as what was the real financial benefit to the City. The current estimate by the quakes is that thegross revenues to the City would be $21,000, but staff was unable to determine if those numbers were reasonable, as well as determining the total impact of adding that facility. AddilJonally, there are many operational issues to be reviewed. The Subcommittee felt all these issues needed to be resolved before they could come back with a recommendation. (4) The fourth item was to hold boxing matches at the Epicenter. He stated the Subcommittee is recommending this on a conditional basis. They felt they should work with the Police Department for proper security and see how everything goes with the first event. After that they would determine if they will continue holding such events there, so the recommendation is to allow boxing on a one time basis only. Councilmember Gutierrez asked if an ATM could be activated only at certain times. Jerry Fulwood, Deputy City Manager, stated according to the financial institutions they checked with, they invest heavily in those machines and in order for it to be worth the investmeht they want to see a minimum of 1,000 transactions a month. The financial inslJtutions did not feel they will get that type of business after the baseball season so it was not worth it. The banks suggested putting the machine at City Hall during the off-season but determined it still would not generate that type of business. Councilmember Curatalo asked if the banks won't approve the installation of an ATM, why was the Council considering it. Jerry Fulwood, Deputy City Manager, stated the banks would like the City to find someplace else to put the machine during the off-season, then bring it back once baseball started again. Councilmember GutJerrez stated in regards to the Pavilion, it would be difficult to justify the cost, and wondered if there was enough time to even earn a profit this season. He stated he was in favor of the concept, but concerned they would be unable to make a profit this season. Mayor Alexander opened the meeting for public Comments. Addressing the Council was: Roy Englebrecht, Executive Vice President and minority owner of the Quakes, stated they operate a successful sports and entertainment business in a City owned facility. He stated they have been told by staff that additional revenue needs to be generated, and felt they were doing their part. The Quakes are the City's number one tenant, generating general fund dollars through rent, admissions tax, parking revenue and percentage payments, and will have paid in the first three years. $1.2 million to the City. In addition they have made tenant improvements totaling nearly $4.7 million in the same time period. The Quakes have scheduled 30 special event days in the next four months. With this in mind, City Council Minutes June 21,1995 Page 9 they would also like to operate an open air market and felt the revenue to the City would be substantial. He stated the Quakes daily protect the image of baseball, the Epicenter, and Rancho Cucamonga, and would never do anything to jeopardize that image, and stated they would be operating the open air market in the same manner and asked that they be given the same opportunity. Councilmember Gutierrez asked if they can try the open air market out, or does it have.it be on a year to year contractual basis. Roy Englebrecht, Quakes, stated it would not have to be year to year. He stated they have met with the City's bond attorney, and have spoken with other bond attorneys, and it is a very complicated formula. He did not feel that enough research has been done on their part and did not feel that they should immediately disband this project until such time as all research has been done. He stated the success of a marketplace is based on an ongoing venture, and people need to know. that it will be there on a consistent basis. Councilmember Gutierrez was concerned that they not lose the tax exempt status of the bonds. He asked how many vendors do they have at the Orange County marketplace. Roy Englebrecht, Quakes, stated they have 500 vendors. He stated they can allocate space for 400 vendors at the Epicenter with parking in the main parking lot. Mayor Alexander asked how this would impact local business because he would not want to see revenue taken away from them. Roy Englebrecht, Quakes, felt the marketplace would bdng more people to the community to shop and it would have a positive impact all around. James Markman, City Attorney, stated in order to even consider proceeding they would have to have a definitive opinion from bond counsel looking at a specific proposal for a specific number of days, assuming Council could overcome some of the other obstacles, so that this in no way could be considered a transference of the bonds to taxable status. That would be a financial disaster of a magnitude greater than anything they have talked about. He stated the basic problem is that the bond issue is about $100 million. The sports complex facility was about $17 million; the stadium and parking lots were about $11-12 million. If they convert, for the purpose of IRS regulations, the sports complex portion which is more than 10% to what would be considered a private purpose, generally speaking, rather than a public purpose facility, a quick calculation of 104 days of flea market and 70 baseball games, they would be right up to half of the use by way of calendar days being private purpose. He stated this was not his conclusion because he was not bond counsel, but to pursue this any further, and for the sake of the Quakes as well, they would have to have an opinion from bond counsel so they would not be in jeopardy. He stated staff has recommended this and he was reiterating that recommendation. Roy Englebrecht, Quakes, stated if they weie to spend money on consulting with their attorneys and bond counsel, he would like an indication from Council that they would support holding an Open air marketplace. Councilmember Curatalo asked if they were to go along with the recommendation of the Subcommittee, wouldn't that be a moot point. James Markman, City Attorney, stated yes. He stated there were other things mentioned, such as not being able to hold other events at the same time, but that would be a policy decision of the Council. City Council Minutes June 21, 1995 Page 10 Roy Englebrecht, Quakes, stated in regards to the ATM they have spoken with Divault, an ATM manufacturer, and the Quakes would be willing to be their own bank in order to service their customers. He stated they would purchase a portable machine which would be locked up in the gift shop when there was not a game, which would alleviate the security issue. Councilmember Williams asked if they could have that in writing since it was not was presented to them originally, because she felt that would make a difference in their recommendation. Mayor Alexander stated he also did not have a problem with this new proposal and felt this was one portion of the recommendation that could be altered if that was the case. Councilmember Williams stated she was not in favor of the swap meet. She stated back in 1989-90 when the sports complex was being designed, she looked at this issue from a citizen's point of view, and at that time the Council was not in favor of having one and hoped the current Council would keep that in mind. She felt this might have a negative impact on small businesses in the City, which are already cutting it close, and did not need any other competition other than legitimate competition with another store down the street. She felt those businesses were on a level playing field because they both pay their taxes and fees as required, which vendors at the swap meet would not have to do. Mayor Alexander stated with the exception of the ATM machine issue, he has not changed his mind either and was not in favor of the swap meet. He stated a major consideration was the businesses in the City. Also, it is nice for the City to make money, and nice for the Quakes to make money, but they made a commitment to the youth of the community for the use of that parking lot and felt it would not be fair to go back on that commitment to the youth. Councilmember Gutierrez stated he agreed with the Subcommittee's report and felt it was very thorough. He stated he would like to try the boxing match, and would want to pursue the ATM issue as presented tonight by Roy Englebrecht. He would not mind pursuing the pavilion issue but felt it was too late for it this year. He felt they should give the marketplace a try if it did not jeopardize their bond rating. Councilmember Curatalo stated he was satisfied with the Subcommittee's recommendations with the exception of the ATM after hearing the new proposal. MOTION: Moved by Curatalo, seconded by Biane to accept the Subcommittee's recommendations with the exception of the ATM machine. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS I1. UPDATE BY MARKS CABLEVISION ON CABLE T.V. SERVICE IN RANCHO CUCAMONGA Tim Kelly, General Manager of Marks Cablevision, introduced Ron Stark, Program Director, and Sean Hogue, Assistant General Manager. Ron Stark, Marks, stated they are producing MCTV Channel 54, which was Rancho Cucamonga°s community channel which showed community events during prime time, and presented a video to the Council with a sample of the types of events they cover. He stated Marks was working with ESPN2 to show a Quakes baseball game live on national t.v. He added that they have provided 50 tickets to the Boys & Girls Club for children to attend that game. City Council Minutes June 21,1995 Page 11 Sean Hogue, Assistant General Manager, Marks Cablevision, stated in order to keep up with service calls and respond to their customers they have implemented Sunday service calls. In March they also implemented an on-time guarantee policy where if they are late to an installation appointment, the installation is free, and if they are late for a service call a credit of $20.00 is given. They have also installed an Automated Response Unit (ARU) phone system similar to ones used nationwide at banks, credit card companies, and other utility companies, and customers can access their personal accounts through the computer, which is something that can't be done by an answering service. He also felt an ARU unit cut down on lost or missed messages and incorrect messages and increases the number of calls they can handle. They have also installed a converter messaging system which they have utilized for emergency messages or other systemwide messages. In order to improve efficiency they have added two customer service representatives to their staff. On July 1st they will be starting a new · channel for the Hispanic community, and in August cutomers will no longer require a converter box to receive the Disney channel so it will be accessible to all televisions in a household. He stated that less than 13% of cable systems nationwide offer 54 channels, but they offer 63 channels. He acknowledged that they have had some problems in the past, but they are committed to working them out. Councilmember Curatalo asked with the ARU could a customer still reach a live person during business hours. Sean Hogue, Marks, stated yes they could. The office was open Monday through Friday from 8:30 a.m. to 5:30 p.m. Councilmember Curatalo asked what happens when people have a problem at night. Sean Hogue, Marks, stated if someone reports a problem in the evening, they would talk to the ARU and leave a message. This system pages a technician if three or more service interruptions are reported. If the technician does not respond, it pages the supervisor, and so on up the line until it gets a response. They feel this is more efficient than an answering service. Councilmember Curatalo asked what if someone does not want to talk to a machine, what do they do then. Sean Hogue, Marks, stated they respond the next day to all calls that come into the system. He added it is currently not feasible to have staff on hand 24 hours a day. Mayor Alexander asked if they had a system outage that would impact more than one customer. Sean Hogue, Marks, stated that was correct. The calls that are responded to the next day are things like the reception is not coming in clearly, etc. They will call the customer the next day and refer those to a technician. Councilmember Williams asked if it would be possible to have someone answering calls from 5:30 p.m. to midnight. She felt this would help solve the P.R. problem if the customers could speak to a person instead of a machine. Tim Kelly, Marks, stated they were dealing with two separate issues and two types of calls here. He stated if the cable was out, a technician would be paged right away. If a call was non-emergency and came in after 4:30 p.m., it still would not get a same day response but would be rolled over to the next day's service calls. Councilmember Curatalo stated people don't like talking to a machine when they are having a problem. Tim Kelly, Marks, agreed it could be frustrating but felt the customers would get a better response with an ARU. City Council Minutes June 21,1995 Page12 Mayor Alexander felt the point they were trying to make was that the answering machine was probably a good idea if there were a major outage,, but if it is an individual complaint, people should have an option to contact a cable representative. He felt that Marks is trying very hard to make the system work, but they need to correct the many major outages they have had, and they need to get rid of the confusion surrounding the billing. Tim Kelly, Marks, felt they had remedied the billing problem with staff. Mayor Alexander stated they needed to get that across to the community. He stated possibly Marks was trying to do more than they were capable of at this time, and if they cannot improve their response, people will switch their service, and that there were still a lot of complaints coming in. Tim Kelly, Marks, felt the perception was that they do not respond, but that was wrong. He stated they handle about a half million transactions a year, and in 1995 they have had less than 100 formal complaints from the City. Susan Mickey, Management Analyst I, stated dudng times like-the City-wide outage she received 90 phone calls in one day, but she did not pass them along to Marks because they were already aware of the problem. Many times residents will call the City to complain but do not want a formal complaint filed With Marks, and many times people will call to complain but will not leave their name or number, so there were many more complaints other than the formal ones submitted to Marks. Councilmember Williams stated that people think the rates are creeping up, especially for service they don't need but are having to pay for anyway. She felt the residents have the right to have a guarantee that the rates are not going to go up all the time. Councilmember GulJerrez stated he and Councilmember Biane serve as the Subcommittee on this issue and acknowledged that everytime he has had a complaint, Marks has responded to it as soon as they could. He agreed that there were a lot of complaints, but appreciates the measures taken to rectify the problems. Mayor Alexander opened the meeting for public comment. AddrEssing the Council were: Steve Jennings, 12335 Sweet Gum, passed out a letter he received regarding a rate increase and then referred to a log of problems experienced at his house. He stated Mark's would always come out when called, but a couple days later there would be trouble again, until finally they determined that the problem was with the cable line deteriorating in the neighborhood. He stated on March 1 the rates went up again. He asked the City Council to reassess how they look at cable and how they conduct their business. He stated Mr. Kelly was responsive, but the Council needed to set deadlines and make Marks follow through. He stated he cannot have an antenna in his area because of his CC&R's so he cannot sign up for Cross County Wireless Cable, John Campbell, 6620 Santolin° Place, stated he lived in the same neighborhood as Mr. Jennings for four years, and had the same problems. He felt the Council should try to get a proposal from Marks of work that needs to be done in Windrows and throughout the City, and set deadlines for the improvements to be made. He felt this would put Marks in a better position as a cable provider. He added he was in support of the PEG channel and having City Council meetings on it. He understood the problems-with not having funds for a live broadcast of the Council meetings, but felt there should be something in the franchise agreement for the cable operator to provide technical support. He thought Marks was trying but they took on a lot and they need to set a schedule. City Council Minutes June 21, 1995 Page 13 John Morgan, 9207 Hidden Farm and resident since 1985, stated when he first signed up for cable it cost $11.00 per month, now it is over $26.00 per month. He felt the service has deteriorated, and felt the management of Marks was as unresponsive.to the Council as they are to their customers, and that they were a defacto utility and a monopoly operating without regulation. He stated Marks has said they no longer have any billing problems, but he has had one since they returned from vacation two weeks ago. He stated he and his wife concur with the statements made by Councilmember Williams in that they only wanted a few of the channels and resented being told they had to pay for 64 channels. When they had Simmons they were offered restricted service and they appreciated having a choice. Michael Bremmer, 7730 Hyssop, wanted Marks out of Rancho Cucamonga. He felt they were unresponsive and inadequate and did not deserve another chance. In regards to the comments made about the ARU not losing messages, he stated that was not true because he has been cut off twice while trying to leave a message. He also stated that every call was not responded to, but that might also be a result of the ARU not taking his message. He was also concerned about KCET being pre- empted, and was told by two customer service reps that KCET pre-empted themselves which he felt was untrue. He also inquired why did they need PEG if Channel 54 was going to be a public service station. He did notthink he should be charged $0.11 a month for PEG when it was not available. He suggested that on their phone system they offer two numbers, one that was totally dedicated to service calls only. He thought that anyone on the Council Subcommittee who had taken campaign funds from Marks should return those funds until the'community accepts Marks as their cable provider. Candace Miller, 11253 Terra Vista Parkway West, stated she was glad to see the General Manager here tonight, because when she asked for his name so that she could send a letter to him, she was told by a customer service rep that his name was confidential. She has had the same problems the other residents tonight have expressed. She stated part of her job was to monitor the media for her company representatives so it was a real problem when she looses service. She felt Marks was not aware of the frustration level in the community. She agreed that the Council should set goals and deadlines, and if Marks did not meet them, they should look for another cable provider. John Van Doren, 11186 Corsica, stated he had tried to order a pay-per-view movie but the reception wasso bad he called to see if there was a problem. He had'to go through many options on the ARU in order to leave a message. When he got a call back the following Monday,- he let them know he would be looking for another service. He stated an ARU was only good to the customers if the choices offered were the choices the customer wanted, and he felt the ones offered by Marks were not. He asked if the City was aware of any basic rate that was truly a basic rate. Susan Mickey, Management Analyst I, stated there was only one basic rate which all subscribers pay. John Van Doren felt subscribers that just wanted basic broadcast stations that could not receive recep~on without cable should have that option. He wanted to request that when a subscriber registers a complaint that it be addressed, and if satisfaction isn't at hand, that it be escalated voluntarily by the company and not leave it up to the customer to try to track down the General Manager. Dolores Morgan, 9207 Hidden Farm Road, stated she has spoken to Jerry Fulwood and Susan Mickey and thought that all of her complaints were being relayed to the cable company and did not realize until tonight that unless it was in a letter', it was not being sent to Marks. Susan Mickey, Management Analyst I, clarified that if a resident requests that a complaint be passed on, then it was. She assured Mrs. Morgan that all of her complaints had been relayed to Marks. City Council Minutes June 21, 1995 Page 14 Phillip Hubbard, 7387 Greenhaven, felt the Council should hold the cable company responsible, because he thought they were not being responsible. He stated he has had problems getting through to the cable company to log a complaint when his system has gone out. He stated there were monitoring devices on the market that will monitor the amount of time that the cable service was out and thought Marks should provide those to residents in Rancho Cucamonga. He stated the $1.00 that was deducted from his bill when the cable was out was like an insult There being no further input, the public comments were closed. Mayor Alexander felt it was the obligation of the Council to set goals and deadlines. Councilmember Gutierrez stated on June 13 the Subcommittee submitted a memo outlining four suggestions, which were to update the Council every month or two; hold an annual performance review as allowed in the franchise agreement; require the cable company to conduct an annual survey of customer satisfaction; and conduct a system and services review every three years as per the franchise agreement. They hoped that this would improve cable service within the community. Councilmember Biane felt they should give Mr. Kelly an opportunity to answer some of the complaints, because some have been addressed or are being addressed, plus he felt the recommendations made by the Subcommittee were a start in improving relations with the cable company. John Van Doren did not feel they should allow Marks to have a dialogue at this time, that this was an opportunity for the citizens to communicate to their Council. Tim Kelly, Marks, apologized for the poor service. He stated he would like to respond to every person who spoke. He stated he would not debate the merits of the phone system, but would try a live person if that is what the community wanted. He stated if people call with a problem and do not receive satisfaction, they can ask to speak to the manager and he will try to see that they are taken care of. ACTION: Report received and filed. Mayor Alexander called a recess at 9:56 p.m. The meeting was reconvened at 10:10 p.m. with all members of Council present. 12. DISCUSSION ON PROPOSED SPLITTING OF THE LEAGUE OF CALIFORNIA CITIES INLAND EMPIRE DIVISION Staff report presented by Jack Lam, City Manager. Councilmember Curatalo asked why would they want to split when it appeared that everything was working fine the way it was now. Councilmember Biane stated he did not see a separa~on happening, and felt there Was more benefit to staying together, but he was not totally decided upon the issue. Councilmember Williams stated she would like to see this issue put to rest. She stated she would not like to see them split because it gave them more strength against the northern division. City Council Minutes June 21, 1995 Page 15 Councilmember Gutierrez stated he could not support the split at this time. Mayor Alexander stated part of the reason the League is not as effective as they could be in Sacramento was because there was not unanimity in the organization, but if they break apart, it will dilute their strength more. Mayor Alexander opened the meeting for public comments. Addressing the Council was: John Van Doren, 11186 Corsica, valued their comments on cohesiveness to the Inland Empire, and if they could not keep Riverside in the fold, then San Bernardino would be forced to form their own dMsion. He felt nether opaon precluded the from forming their own association of cities outside of the League which would represent common interests in the Inland Empire that would parallel the League. There be no further reponse, public comments were closed. Councilmember Biane stated considering the alternatives to withdrawing and the comments from the public, he did not think the right proposal was on the table at this time. He would support a position of keeping the group together. He stated the Mayor of Chino Hills has been selected to represent the cities in San Bernardino County but he did not feel he was that interested in the issue and Possibly it would be better to have someone else represent their position. MOTION: Moved by Alexander, seconded by Curatalo to support the position of keeping the two counties together in the League of California Cities Inland Empire Division. Motion carried unanimously, 5-0. The Council selected Councilmember Williams to represent Rancho Cucamonga at the next League meeting. 13. UPDATE ON ROUTE 30 FREEWAY Staff report presented by Joe O'Neil, City Engineer. Councilmember Curatalo asked why it was not considered feasible from an engineering standpoint to have the freeway below grade at Sapphire. Joe O'Neil, City Engineer, explained the physical constraints connected to the Cucamonga Creek Channel and the MWD water pipeline and how it was felt that would be unsafe to have over the freeway in the event of a major earthquake. He stated it would also require significant grade changes which would violate their engineering requirements, plus it was an additional $40 million to construct. Councilmember Curatalo asked how they constructed other freeways that had flood control over them. Joe O'Neil, City Engineer, stated Caltrans could not identify any other major freeway in Southern California that had major flood control built over it, they had always elevated the freeway over the flood control. Councilmember Gutierrez asked how SANBAG felt about the Task Force's recommendation. Joe O'Neil, City Engineer, stated they were not happy with the decision and felt it could jeopardize their ability to complete the freeway to the County line. He stated the City will be working with SANBAG to try to reduce the cost of construction in the City to help make up the additional cost of Sapphire. Councilmember Gutierrez asked what have they decided about ending the freeway at Haven Avenue. Joe O'Neil, City Engineer, stated they were just beginning to discuss that issue. Councilmember Biane asked if they had any idea when the freeway would be continued west of Haven Avenue. City Council Minutes June 21,1995 Page 16 Joe O'Neil, City Engineer, stated a key element to that is Los Angeles County. He stated Los Angeles County has indicated they will finance their portion to the County line, but there is no money available for that yet, so they need to be sure Los Angeles has the funds first. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: John Van Doren, 11186 Corsica, was pleased the Council was attempting to address public safety concerns when looking at the freeway. He stated he was glad they eliminated the below grade option, but did not agree totally with the Task Force's recommendation and wished he had more input into that. He was concerned with the aesthetics which did not encourage an elevated freeway. He was also concerned with the additional cost which could preclude the freway coming through at all, which might be the ultimate goal of some. He stated Los Angeles County might be able to bring traffic to the County line, and Rancho Cucamonga will only have a freeway that ends at Haven which will create more traffic, more accidents, and more flooding for the community. He felt they needed to address the phasing issue because if they did not have a plan ready when the different agencies were ready, then they did not have a plan at all. He felt they should be concerned with the cost because Rancho Cucamonga could not afford to pay the additional cost if the State and SANBAG would not. He did not want to see the freeway project delayed and hoped the Council will continut to look at all the options and allow the community to express their opinion. Jane Bradshaw, 6949 Valinda, stated she was a member of the Route 30 Ad Hoc Task Force and of C-Car, and wanted to respond to Mr. Van Doren's comment about not being able to express his opinion about the freeway profile. All of the Task Force meetings are public meetings and they always allowed public comment. She stated Mr. O'Neil's report clearly stated that pubic input was given and that was taken into consideration when their decision was made. In regards to the additional cost, she felt Mr. Barker of the Task Force put it best. He stated that many developers have come to the City with a project and claimed that they could not afford to build to the City's standards. They were told if they could not meet the standards then they could not build their project, but eventually they always came up with the money for the quality project. People want the same quality standards with the freeway. She stated they need to keep in mind that the freeWay will be coming through predominately residential neighborhoods, and they will not compromise where they live and raise their families over money. There being no further input, public comments were closed. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING Jl. Councilmember Gutierrez stated he would like information from other cities on setting standards for rental properties owned by absentee landlords. K. COMMUNICATIONS FROM THE PUBLIC No communications were 'made from the public. City Council Minutes June 21,1995 Page17 L. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Biane to adjourn to Executive Session to discuss property negotiations per Government Code 54956.8, located at the southwest corner of Foothill Blvd. and Rochester Avenue; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties, regarding terms of payment. Executive Session to adjourn to a Goals Workshop to be held on June 27, 1995 at 5:00 p.m., in the Tri-Communities Conference Room of the Civic Center. Motion carried unanimously, 5-0. The meeting adjourned at 10:39 p.m. No action was taken in Executive Session. Respectfully submitted, Sutton Deputy City Clerk Approved: July 19, 1995