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HomeMy WebLinkAbout1993/07/07 - Minutes July 7, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CA!.I, TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 7, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:26 p.m. by Mayor Dennis L. Stout. Present were Boardmembers: William Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Williams, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, RDA Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bob Dominguez, Administrative Services Director; Mary Kuhn, Personnel Analyst I; James Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Lloyd Aimand, Deputy Chief Fire Marshal, and Bob Corcoran, Deputy Chief, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation declaring July as Recreation and Park Month. Mayor Stout presented the proclamation to Pare Henry, Park and Recreation Commissioner. B2. Presentation of Proclamation to Jerry Grant in Recognition of his Outstanding Service to the City of Rancho Cucamonga and it's Citizens. Mayor Stout presented the proclamation and City tile to Jerry Grant. B3. Councilmember Buquet reported that he was informed by Caltrans that they approved the City's Carnelian Interchange for the 30 Freeway. C. COMMUNICATIONS FROM THE PUBI,IC C1. Jim Frost, City Treasurer, commended Jerry Grant for his outstanding service to the City of Rancho Cucamonga. City Council Minutes July 7, 1993 Page 2 C2. Mr. Lansdell, 6153 Sapphire, asked what the overall budget was for the City. Jack Lam, City Manager, stated he would be happy to provide the information to him and referred him to Bob Dominguez. (3) (4) D. CONSENT CALENDAR Jack Lam, City Manager, asked that the Supervisory Professional MOU be removed from Item D8 until a later date when it would come back. A corrected Resolution No. 93-142 was also distributed for approval. DI. Approval of Minutes: May 26, 1993 June 2, 1993 (Stout absent) D2. Approval of Warrants, Register Nos. 6/16/93 and 6/23/93; and Payroll ending 6/3/93 for the total amount of $4,582,849.02. D3. Alcoholic Beverage Application for Off Sale General Conditional I for Thomas Winery Liquor, Ghayour Saadoun and Antoaneta Kadom, 8045 Vineyard Avenue, Suite I-7. D4. Alcoholic Beverage Application for On-Sale Beer for Rack 'Em Up, Christine and Mordechai Levi, 9819 Foothill Boulevard, Suite D. D5. Approval to Adopt Annual Statement of Investment Policy. (0408-00 INVESTMENT) D6. Approval of a Resolution supporting the 1993 California State Games, August 13 -15, 1993. (1401-03 SPORT ACT) RESOLUTION NO. 93-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE 1993 CALIFORNIA STATE GAMES D7. Approval to Adopt Compensation Resolution for Fiscal Year 1993/94. (0502-04 SALLY) RESOLUTION NO. 93-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 92-197 AND IMPLEMENTING SALARY AND BENEFITS FOR FISCAL YEAR 1993/94 D8. Approval to execute Memorandums of Understanding for the City's Sup~rvi,sory~q~.rofe,$,sional ~rnployeo's "' .... General Employee's Group and Maintenance Employee's Group. (0602-01 CONTRACT) (0502-02 PERSONNEL) City Council Minutes July 7, 1993 Page 3 D9. Approval to appropriate $115,000.00 from Fund 32 - "Local Measure I Gas Tax" (Account No. 324637- 9112) and $370,000.00 from Fund 24 - "State Transportation Program" (Account No. 24-4637-9112) for the construction and administration of the Haven Avenue Rehabilitation - Civic Center Drive to Foothill Boulevard. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER GUTIERREZ. (0401-21 FUND APPRO) D10. Approval to authorize the purchase of Graffiti Removal Equipment from Asset Seizure Fund 70-276-511 in an amount not to exceed $8,600.00. (0600-00 PURCHASE) D11. Approval to execute Drug Abuse Resistance Education (D.A.R.E.) Memorandum of Understanding (CO 93- 040) for Fiscal Year 1993/94. (0602-01 CONTRACT) D12. Approval to award an authorization to execute the Landscape and Irrigation Maintenance Contract (CO 93- 041) for Landscape Maintenance District No. 6 to Landscape West, Incorporated, of Anaheim, California, for the amount of $117,577.92 to be funded by Account Number 45-4130-6028 (Fiscal Year 1993/94). (0602-01 CONT~ACF) D13. Approval to award and authorization to execute contract (CO 93-042) for the Resurfacing of the Equestrian Rinks at Heritage Community Park, for the amount of $57,075.00 ($51,885.35 plus 10% contingency), to be funded from PD-85 Account No. 90-4637-9221. (0602-01 CONTRACT) D14. Approval to execute Amendment No. 2 of the Lease (CO 92.074) between the City of Rancho Cucamonga and Valley Baseball Club, Incorporated. (0602-01 CONT AMEN) D 15. Approval to execute Improvement Agreement Extension for the Jersey Boulevard Railroad Crossing Located on Jersey Boulevard West of Milliken Avenue submitted by RCDC Associates. (0602-01 AGREE EXTN) RESOLUTION NO. 93-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR THE JERSEY BOULEVARD RAILROAD CROSSING D16. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 14866, located on the south side of Lemon Avenue at London Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) $ 737,000.00 73,700.00 RESOLUTION NO. 93-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14866 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D 17. Approval to release Maintenance Guarantee Bond for Tract 13351-1, located at the southeast comer of Tetra Vista Parkway and Belpine Place. (0602-01 BOND REL) (s) (7) (8) (9) (x3) Release: Maintenance Guarantee Bond (Street) $ 900.00 City Council Minutes July 7, 1993 Page 4 (is) (i7) D18. Approval to release Maintenance Guarantee Bonds for Parcel Map 9897,located at the southeast comer of Church Street and Terra Vista Parkway. (0602-01 BOND REL) Release Maintenance Guarantee Bonds Elm Avenue $ 9,000.00 Town Center 27,400.00 Term Vista Parkway 10,300.00 Storm Drain 15,711.00 Church Street 40,760.00 DI9. Approval to release Maintenance Guarantee Bond for Parcel Map 11410, located at the southeast comer of Haven Avenue and Arrow Highway. (0602-01 BOND REL) D20. Approval to release the Bonds for the Beryl and Lions Park Improvement Project, CO 89-142. (0602-01 BOND REL) Release: Faithful Performance Bond Labor and Material Bond $ 870,019.00 870,019.00 D21. Approval to accept the Sierra Madre Improvements, south of 9th Street, Contract No. 93-007, as complete, Release Bonds and authorize the City Engineer to file a "Notice of Completion". (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 93-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR SIERRA MADRE STREET IMPROVEMENTS, SOUTH OF 9TH STREET, CONTRACT 93-07, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Alexander to approve the staff recommendations in the staff reports contained in the Consent Calendar as amended with the exception of Item D9. Motion carried unanimously, 5-0, with Stout abstaining on the June 2, 1993 minutes. DISCUSSION OF ITEM D9. Approval to appropriate $115,000.00 from Fund 32 - "Local Measure I Gas Tax" (Account No. 32-4637-9112) and $370,000.00 from Fund 24 "State Transportation Program" (Account No. 24-4637-9112) for the construction and administration of the Haven Avenue Rehabilitation - Civic Center Drive to Foothill Boulevard. Councilmember Gutierrez inquired about the extent of the rehabilitation projecL Joe O'Neil, City Engineer, answered his questions and explained the project. MOTION: Moved by Gutierrez, seconded by Williams to approve Item D9. Motion carried unanimously, 5-0. City Council Minutes July 7, 1993 Page 5 E. CONSENT ORDINANCES El. CONSIDERATION TO AMEND THE MASSAGE TECHNICIAN PERMIT ORDINANCE TO CLEAN LIP LANGUAGE REGARDING TEMPORARY PERMITS (1401-01 RECREATION) Debra J. Adams, City Clerk, read the title of Ordinance No. 485. ORDINANCE NO. 485-B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 9.24.200 OF CHAPTER 9.24 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO ISSUANCE OF MASSAGE TECHNICIAN PERMITS MOTION: Moved by Buquet, seconded by Alexander to waive full reading and approve Ordinance No. 485-B. Motion carried 3-0-0-2 (Stout and Gutierrez abstained due to being absent when this had first reading). F. ADVERTISED PUBLIC HEARINGS No items were submitted. G. PUBI,IC HEARINGS G1. CONSIDERATION OF AN ORDINANCE PROHIBITING I.OITERING AND SOLICITATION OF EMPLOYMENT FROM STREETS OR HIGHWAYS Staff report presented by Dnane Baker, Assistant to the City Manager. He mentioned that in Section 9.26.010, lines 6 and 7, the following words should be deleted: "passing along the same, or in any manner so as to annoy or molest persons." (0400-00 LOITER) James Markman, City Attorney, stated there is no ruling from a court system that says this is unconstitutional. He stated this is not to be something that is prejudiced to race, color, etc. He stated it is a safety matter. He mentioned the Mayor has offered the following information to be added to the Ordinance: "The Council considers the presence of persons in public rights of way soliciting employment or contributions or offering employment to constitute a hazard. In addition, persons who obstruct the passage of other persons along public right-of-way, including children going to or from school, or the entrance of persons to facilities open to the public, create a situation which may instigate physical altercations. It is the City Council's intent in adopting this Ordinance to preclude the occurrence of the situations described above and thereby preserve and promote public peace and safety. All legal prerequisites to the adoption of this Ordinance have occurred." Councilmember Alexander stated this Ordinance is not to stop the City from looking at a site for the day laborers. Councilmember Gutierrez asked Duane Baker when he thought an alternative site might be brought to the Council for discussion. Duane Baker, Assistant to the City Manager, stated he is working on this and that it is just about ready to be brought back to the Council. He thought it would be ready at the end of July or the first part of August. (xg) City Council Minutes July 7, 1993 Page 6 Councilmember Gutierrez stated he felt this is a safety issue. He felt there would be a problem with chasing day laborers from Rancho Cucamonga to Upland and Ontario and back and forth. Councilmember Buquet felt this Ordinance is something to help the safety matter and felt the information should be shared with neighboring cities. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Mr. Lansdeil, 6153 Sapphire, felt this could be worked out with the labor union so that the day laborers followed laws. Alfred Garcia stated he has met with the day laborers and that they suggested that the City put a trailer near where they live so that no one would object to it. He stated he did not think the union would help with this situation. He stated he would do anything he could to help with this problem. Tran Dalemon suggested that there be a place in the Alia Loma area where the laborers could be picked up. Charles Warren stated he did not agree with this Ordinance and did not agree with the attitude of the Council on this matter. Jim Pugh, Orchard Meadows Homeowners Association, felt this Ordinance was a step in the right direction and agreed with the Ordinance. Aubrey Campbell commented on the safety of the day laborers as they are picked up to work. Mr. Lansdell stated he would be happy to work with anyone on this matter. There being no further response, the public hearing was closed. Councilmember Alexander stated the City has demonstrated its commitment to work with other communities on this matter. He stated this is to provide public protection. Councilmember Buquet stated this Ordinance applies to all races, not just a minority. Mayor Stout stated he thinks the Ordinance is important and felt it would protect everyone. Councilmember Gutierrez stated he felt the Council is sensitive to the needs of everyone. Debra J. Adams, City Clerk, read the title of Ordinance No. 514. ORDINANCE NO. 514 (In'st reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.26 THERETO AND PROHIBITING LOITERING AND SOLICITATION OF EMPLOYMENT OR BUSINESS FROM STREETS OR HIGHWAYS MOTION: Moved by Alexander, seconded by Buquet to waive full reading and set second reading for July 21, 1993 as modified. Motion carried unanimously, 5-0. City Council Minutes July 7, 1993 Page 7 G2. CONSIDERATION OF DEVELOPMENT REVIEW 92-11 - DAVIS - A request for issuance of a building permit, prior to dedication of a community trail, for the construction of a single family house totaling 7,600 square feet on 16.6 acres 6f land located at 9400 Almond Street - APN: 1061-491-01. (1002-08 DEV REV) Rick Gomez, Community Development Director, requested this be continued because the matter seems to have been resolved and suggested a Resolution come back at the next meeting. Mayor Stout asked if the Davis' were present. There was no response. MOTION: Moved by Buquet, seconded by Willjams to continue Item G2 to the July 21, 1993 meeting. Motion carried unanimously, 5-0. No items were submitted. No items were submitted. Jl. next year. KI. H. CITY MANAGER'S STAFF REPORTS I. COUNCIl, BUSINESS .I. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Gutierrez asked for an update on the State budget and how it will affect the City for the K. COMMUNICATIONS FROM THE PUBIolC Trinidad Limon commented about the new school on Baker Street and stated he appreciated this. He commented on the traffic in this area and the traffic that would result from the Smith's Market. He felt something should be done about this. Mayor Stout asked him to leave his name and number with the City Engineer. (20) City Council Minutes July 7, 1993 Page 8 L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Williams to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 8:26 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: July 21, 1993