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HomeMy WebLinkAbout1983/12/07 - Minutes December 7, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Ranch Cucamonga met on Wednesday, December 7, 1983 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels Present were: Council members Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, 3ames C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. 2. ANNOUNCEMENTS 2A. Wednesday, December 14, 1983, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. 2B. Thursday, December 15, 1983, 7:15 p.m. - PARK ADVISORY COMMITTEE MEETING, Lions Park Community Center. 2C. Mayor Mikels announced that Don Owen, Project Engineer for the Alta Loma Channel Assessment District, was present and anyone who would like to speak with him regarding the Assessment District could meet with him in the next room. 2D. Councilman Buquet presented a report from a meeting with Senator Green and Senator Richardson, in Sacramento which he and the City Manager attended along with representatives from Lewis Homes. The purpose of the meeting was to try to obtain some funding for schools in the Central School District. 2E. Mayor Mikels presented a report of a presentation made at SANBAG in respect to the new smog check system going into effect in March 1984. 2F. Mr. Wasserman requested additions to the Agenda: Item 5E, SALES TAX ORDINANCE - Ordinance No. 214 for first reading; and Item 6G: DAY CREEK. 3. CONSENT CALENDAR 3A. Approval of Warrants, Register Nos. 83-11-30 and 83-12-07; and Payroll ending 11-13-83 in the total amount of $374,749.95. 3B. Forward Claim, CL83-49, against the City by C.P. Construction to the City Attorney and Insurance Carrier for handling. 3C. Forward Claim No. 83-50 against the City by Southern California Gas Company to the City Attorney and Insurance Carrier for handling. Item removed by Councilman Buquet for discussion. 3D. Forward Claim, CL83-51, against the City by Betty Lou Webb to the City Attorney and Insurance Carrier for handling. City Council Minutes December 7, 1983 Page 2 10 i1 12 13 3E. Forward Claim, CL83-52, against the City by Ray Royster and Ray Royster, Jr. to the City Attorney and Insurance Carrier for handling. 3F. Forward Claim, CL83-53, against the City by S.A. Kennedy to the City Attorney and Insurance Carrier for handling. 3G. Forward Claim, CL83-54, against the City by Morris V. Farinella to the City Attorney and Insurance Carrier for handling. 3H. Forward Claim, CL83-55, against the City by the County of San Bernardino to the City Attorney and Insurance Carrier for handling. 3I. Clarify Designation of City Reserves. For purposes of clarification, it is necessary to designate reserves which is a requirement under Proposition XIIIB. Recommend Insurance Fund fund balance by transferred to General Fund Reserves and Insurance Fund be closed. Also recommend $889,938 of undesignated Reserves be designated as part of Reserves for changes in Economic Conditions. 3J. Approve consulting firms of Fieldman, Rolapp and Associates, bond consultants (AG 83-76); Willdan Associates, bond engineer (AG 83-77); and Best, Best & Krieger, bond counsel (AG 83-78), for Feasibility Study for a Mello-Roos Community Facilities Act Implementation with relation to park development. Item was removed for discussion by request of Ralph Lewis from Lewis Homes. 3K. Item was removed for discussion by Councilman Buquet. 3L. Approval of Agreement AG Corporation for Cable Television discussion by Councilman Frost. 83-71 with Telecommunications Management Consultant Services. Item was removed for 3M. Approval of Agreement AG 83-69 with Santa Fe Railway Company and Daon Corp. for the construction of a city street across a railroad spur in the Rancho Cucamonga Business Park. 3N. Approval of the Environmental Assessment Initial Study for the proposed Church Street Reconstruction Improvements. It is recommended that Council approve the attached resolution approving the Environmental Assessment and issuance of a Negative Declaration for the proposed Church Street Reconstruction Improvements. RESOLUTION NO. 83-199 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED CHURCH STREET RECONSTRUCTION IMPROVEMENTS. 30. Approve Intent to Annex Tracts 12305 and 12077-1 as Annexation No. 16 to Landscape Maintenance District No. 1. RESOLUTION NO. 83-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. RESOLUTION NO. 83-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO (TRACTS 12305 AND 12077-1). City Council Minutes December 7, 1983 Page 3 3P. Base Line Road sidewalk improvement award of contract AG 83-70. proposal and award contract to Tri-City Construction, the lowest $55,301.27. Accept bid bidder at 3Q. Acceptance of Vineyard Avenue Improvement Project FAU M/MR-R194(2) - Red Hill Construction. Approve final expenditures for Vineyard Avenue FAU Improvement Project. Authorize City Engineer to file Notice of Completion (Red Hill Construction); authorize the Finance Director to release retained funds due Red Hill Construction to Red Hill Construction's surety, United States Fidelity and Guaranty Company. 15 16 MOTION: Moved by Dahl, seconded by Buquet to approve the Consent Calendar with the deletion of items "c", "J", "k", and "1". Motion carried unanimously 5-0. DISCUSSION OF ITEM "C": Forward of Claim CL 83-50 against the City by Southern California Gas Company to the City Attorney and Insurance Carrier for handling. Mr. Buquet had requested the item pulled for discussion. He requested that a letter be sent to the Gas Company. He felt this was unnecessary for the Gas Company to send the City a claim for such a minor item. MOTION: Moved by Buquet, seconded by Dahl to approve item "C" and direct staff to contact the Gas Company regarding this. Motion carried unanimously 5-0. DISCUSSION OF ITEM "J": Approve consulting firms of Fieldman, Rolapp and Associates, bond consultants AG 83-76; Willdan Associates, bond engineer AG 83-77; and Best, Best and Krieger, bond counsel AG 83-78, for Feasibility Study for a Mello-Roos Community Facilities Act Implementation with relation to park development. This feasibility study will present the various application alternatives for implementation of this Act in Rancho cucamonga as it relates to park development. Mr. Lewis asked how the consulting firms were selected. Mr. Wasserman answered that we have had some dealings with these companies through other types of activities. These companies will not receive any funds until the election is approved. The engineering firm would be paid since they had a great deal of work to do before the election. MOTION: Moved by Dahl, seconded by Schlosser to approve item "J". Motion carried unanimously 5-0. DISCUSSION OF ITEM "~': Approval of Improvement Extension Agreement for Tract No. 11350 submitted by Lowy Development and located on the northwest corner of Hermosa Avenue and Base Line Road. RESOLUTION NO. 83-198 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, IMPROVEMENT EXTENSION AGREEMENT AND SECURITY FOR TRACT 11350. THE CITY OF APPROVING IMPROVEMENT MOTION: Moved by Buquet, seconded by Schlosser to approve. Motion carried unanimously 5-0. 10 DISCUSSION OF ITEM "L": Approval of Agreement AG 83-71 with Telecommunications 11 Management Corporation for Cable Television Consultant Services. City Council Minutes December 7, 1983 Page 4 Mr. Frost wanted to know if the 90-day Rizzo responded that it would be. MOTION: Moved by Schlosser, seconded by carried unanimously 5-0. extension would be sufficient. Mr. Buquet to approve item "L". Motion 4. ADVERTISED PUBLIC HEARINGS 17 4A. RANCHO CUCAMONGA NEIGHBORHOOD CENTER - EXPANSION PROJECT, ENVIRONMENTAL ASSESSMENT AND SITE PLAN REVIEW. Mr. Christopher, from Christopher, Lang, and Wolff, presented what went into the preliminary design for the expansion of the Neighborhood Center. Bob Simonz, also from Christopher, Lang, and Wolff, presented slides of the project. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Wilma Brenner, of the VIP Club, expressed how grateful they were for this new facility. There being no further response from the public, the public hearing was closed. MOTION: Moved by Buquet, seconded by Schlosser to approve the project. Motion carried unanimously 5-0. 18 4B. PROPOSED DEVELOPMENT AGREEMENT - PD 83-01 - CAI/4ARK. An agreement to allow construction of 233 senior citizen apartment units located northwest of Base Line Road and Archibald Avenue, south of the Southern Pacific railroad tracks. Staff report by Rick Gomez, City Planner. Mr. Gomez stated that this is an agreement to provide senior citizen housing within the City. The matter regarding the RDA allocation of 20% set aside funds will be coming before the RDA at another time. Mayor Mtkels opened the meeting for public hearing. Addressing Council was: Larry Persons, representing Calmark, stated that they felt this was a good agreement and this would bring senior citizens to Rancho Cucamonga. There being no further response from the public, Mayor Mikels closed the public hearing. Mr. Buquet stated there appears no way to change the HUD percentages so we would not have a problem like we now have at Lemon and Haven. Mr. Gomez stated that the percentages were set and would have to come back to the Council for approval of any change. City Clerk Wasserman read the title of Resolution No. 83-205. RESOLUTION NO. 83-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AND CALMARK DEVELOPMENT CORPORATION REGARDING PD 83-01 AS APPROVED BY THE CITY COUNCIL City Council Minutes December 7, 1983 Page 5 MOTION: Moved by Schlosser, seconded by Dahl to approve Resolution and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None No. 83-205 4C. APPEAL OF PLANNING COMMISSION DECISION DENYING GENERAL PLAN AMENDMENT 83-04B AND ZONE CHANGE 83-04B - SYCAMORE INVESTMENTS. A request to amend the General Plan Land Use Element from Office to Neighborhood Commercial and a change of zone from AP (Administrative/Professional) to C-1 (Neighborhood/Commercial) on 5.44 acres of land located at the northeast corner of Archibald and Base Line - APN 202-181-27. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Jack Tarr, Manager and General Partner of Sycamore Investments, stated they would develop the southeast corner which was approved before incorporation by the County. He introduced Nelson Weaver from Coldwell Banker. Nelson Weaver, Coldwell Banker, stated they have been monitoring the north- east corner for two years now. They have found the site very conducive to small companies, but not to larger companies. He pointed out that there were other competing areas for office and professional centers such as Mountain Avenue in Upland, the airport area, and the intersection at Foot- hill and Haven. These areas are more apt to capture the interest of larger companies. There being no further response from the public, Mayor Mikels closed the public hearing. A lengthy discussion followed by Council regarding the request. Mayor Mikels pointed out that four corner intersections of commercial was one of the things that through the incorporation the people wanted stopped. MOTION: Moved by Frost, seconded by Mikels to deny the appeal. Motion failed by the following vote: AYES: Mikels, Frost NOES: Dahl, Buquet, Schlosser MOTION: Moved by Buquet, seconded by Schlosser to uphold the appeal and direct staff to bring back an ordinance and zone change at the next meeting. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser NOES: Mikels, Frost 19 4D. NEW DEVELOPMENT CODE AND DISTRICT MAP. Review and consideration of the proposed Development Code and Map to replace the current Interim Zoning Ordinance. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Mr. Dahl stated that he felt Section 17.04.030 should include 900 square feet minimum for single, detached housing. Anna Marie Parate, 6th and Hellman, expressed concern because this area was originally proposed for 4-14. Now Council wants to down zone this to 4-8. They wanted to leave this at the higher density. 2O City Council Minutes December 7, 1983 Page 6 Larry Willjams, Dove Tail Properties, stated that he had never received a public notice regarding this matter. Mr. Gomez responded that notices were sent to all residents on the Assessor's records. Mr. Williams stated for the record and from the developer's point of view, the property will not get developed right away. It should be left at 8-14 dwelling units per acre. Eve Stevenson asked what would be recommended to the property owners in or- der to get this zoned the way they wanted. Lowell Gomes expressed that the minimum size should be eliminated. There being no further response from the public, Mayor Mikels closed the public hearing. City Clerk Wasserman read the title of Ordinance No. 211. ORDINANCE NO. 211 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TITLE 17, DEVELOPMENT CODE OF THE RANCHO CUCAMONGA MUNICIPAL CODE, INCLUDING ADOPTION OF A DEVELOPMENT DISTRICT MAP, REPEALING THE INTERIM ZONING ORDINANCE, AND REPEALING TITLE 17 AND CERTAIN SECTIONS OF THE RANCHO CUCAMONGA MUNICIPAL CODE. MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance No. 211. Motion carried unanimously 5-0. MOTION: Moved by Dahl, seconded by Schlosser to approve Ordinance No. 211. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None Mayor Mikeis called a recess at 10:10 p.m. The meeting p.m. with all members of Council and staff present. reconvened at 10:45 5. NON-ADVERTISED PUBLIC HEARINGS 21 5A. ROUTE 30 IMPLEMENTATION POLICY STATEMENTS. Council considered a policy statement dealing with the funding of Route 30, the Foothill Freeway. Staff report by Lloyd Hubbs, City Engineer. A1 Holliden, consultant for Route 30, presented report to Council. MOTION: Moved by Dahl, seconded by Schlosser to approve the draft policy of the Route 30 Implementation Plan. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser NOES: None ABSENT: None City Council Minutes December 7, 1983 Page 7 5B. CONSIDERATION OF AMENDMENT TO CHAPTER 1.04 OF THE RANCHO CUCAMONGA 22 MUNICIPAL CODE IN ORDER TO REDEFINE CERTAIN WORDS. Staff report by Robert Dougherty, City Attorney. City Clerk Wasserman read the title of Ordinance No. 212. ORDINANCE NO. 212 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 1.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY AMENDING SECTION 1.04.010 (G) TO REDEFINE THE WORDS "MUST" AND "SHALL" AND BY ADDING SECTION 1.04.100 TO PROVIDE THAT NO CODE, ORDINANCE, RESOLUTION OR ADMINISTRA- TIVE REGULATION SHALL CREATE OR IMPOSE A MANDATORY DUTY FOR OR UPON THE CITY OF RANCHO CUCAMONGA OR ANY OFFICER OR EMPLOYEE THEREOF ACTING WITHIN THE SCOPE OF SUCH OFFICE OR EMPLOYMENT. MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordi- nance No. 212. Motion carried unanimously 5-0. MOTION: Moved by Schlosser, seconded by Buquet to approve Ordinance No. 212. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None 5C. REVISION OF BUSINESS LICENSE ORDINANCE TO REDEFINE DELINQUENT PERIODS AND PENALTIES THEREOF. Staff report by Lauren Wasserman, City Manager. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 21-A. ORDINANCE NO. 21-A (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICI- PAL CODE PERTAINING TO BUSINESS TAXES, LICENSES AND REGULATIONS. MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance No. 21-A. Motion carried unanimously 5-0. Mayor Mikels set December 21, 1983 for second reading. 23 5D. MATTERS CONCERNING STATUS OF CABLE TELEVISION AND EXTENSION OF MORATORIUM ORDINANCE NO. 210-A. An oral report presented by Robert Rizzo, Assistant to City Manager. Michael Freeman, from Telecommunications Management Corp., outlined the plan for the next few months. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Sharon Romero, Advisory Commissioner, suggested that this be run by the Ad- visory Commission. 24 City Council Minutes December 7, 1983 Page 8 There being no further public response, Mayor Mikels closed the public hearing. City Clerk Wasserman read the title of Ordinance No. 210-A in full. ORDINANCE NO. 210-A (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING THE MORATORIUM ON THE FILING AND PROCESSING OF APPLICATIONS FOR LICENSES TO CONSTRUCT, OPERATE OR MAINTAIN COMMUNITY ANTENNA TELEVISION SYSTEMS IN THE CITY FOR AN ADDITIONAL PERIOD OF NINETY (90) DAYS, AND DECLARING THE UR- GENCY THEREOF. MOTION: Moved by Dahl, seconded by Schlosser to approve the adoption of Ordi- nance No. 210-A as an urgency measure. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None 25 5E. ADDED ITEM: SALES TAX ORDINANCE NO. Robert Dougherty, City Attorney. Mr. Dougherty stated the ordinance will deals with taxes and this type of ordinance rent and usual needs of the city. Mayor Mikels opened the meeting for public hearing. There the public hearing was closed. 214. Staff report presented by take effect immediately because it takes effect immediately for cur- being no response, City Clerk Wasserman read the title of Ordinance No. 214. ORDINANCE NO. 214 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 3.20.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO SALES AND USE TAX EXCLUSIONS AND EXEMPTIONS TO TAKE EF- FECT IMMEDIATELY. MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordi- nance No. 214. Motion carried unanimously 5-0. Mayor Mikels set second reading for December 21, 1984. 6- CITY MANAGER'S STAFF REPORTS 26 6A. MATTER OF TRESPASSING ON FLOOD CONTROL AND RAILROAD ACCESS EASEMENTS ADJACENT TO RESIDENTIAL UNITS ON AZURITE STREET. A letter has been received from eight residents regarding their concerns with trespassing in access ease- ments adjacent to Azurite Street. Oral report presented by Lauren Wasserman, City Manager. Mayor Mikels opened the meeting for public input. Addressing Council to en- courage that something be done were: Robert Tobin Ron Morgan City Council Minute~ December 7, 1983 Page 9 After some discussion, Mr. Wasserman suggested that continue with their program of enforcement and to Council. the Sheriff's Department report back to the City ACTION: Council concurred to continue with the Sheriff's Department Program of monitoring and enforcement and to report back to Council the status of the program. 6B. RED HILL BASIN PARK ACQUISITION PROGRAM. Oral report by Bill Holley, Di- rector of Community Services. MOTION: Moved by Buquet, seconded by Schlosser to direct Mr. Holley, Mr. Dougherty, and Mr. Wasserman to gather and submit plans to the County regarding our concerns, then the Subcommittee (previously appointed) can close the deal. Specific concerns to be discussed in the Closed Session. Motion carried unanimously 5-0. 27 6C. ALTA LOMA CHANNEL ASSESSMENT DISTRICT BOUNDARY APPROVAL AND INITIATION OF 28 PROCEEDINGS. A report by the consultant, Don Owen, on the status of the Dis- trict and approval of Resolutions and agreements to continue on schedule for District formation and construction of flood control channel facilities. Mayor Mikels opened the meeting for public input. Addressing Council was: Chief Feuerstein, Foothill Fire District, asked if final construction plans had been made. He had asked for some installation of equipment and wanted to know if it had been included. Mr. Hubbs responded they were finalizing the plans now. Deputy City Clerk Authelet read the title of Resolution No. 83-206. RESOLUTION NO. 83-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. MOTION: Moved by Schlosser, seconded by Buquet to approve Resolution No. 83-206 and waive full reading. Motion carried by the following vote: AYES: Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: Dahl Deputy City Clerk Authelet read the title of Resolution No. 83-207. 29 RESOLUTION NO. 83-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MAP SHOW- ING THE GENERAL NATURE AND LOCATION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE PRO- POSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID IMPROVEMENT. MOTION: Moved by Buquet, seconded by Schlosser to approve Resolution No. 83-207 and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None City Council Minutes December 7, 1983 Page 10 3O 6D. DAY CREEK IMPLEMENTATION PLAN (MELLO-ROOS COMMUNITY FACILITIES ACT). Council will review proposal for funding the Rancho Cucamonga portion of the Day Creek Channel through establishment of a Community Facilities District. Approval would involve retaining consultants to prepare the necessary documents to hold a property owner election in late Spring. Recommend approval of pro- gram and completion of Phase II contracts with Willdan as Assessment Engineer and Brown and Nazarek as Bond Counsel. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikeis opened the meeting for public input. Addressing Council was: Joe DiIorio, R. C. Land Co., stated he had been asked by Mr. Hubbs to get the feelings of the property owners. He sent letters to eight of the residents, and generally most of the comments were favorable. MOTION: Moved by Buqnet, seconded by Schlosser to authorize staff to complete the necessary agreements to proceed with a Community Facilities District for Day-Etiwanda Creeks. Motion carried unanimously 5-0. 31 6E. AUTHORIZE EXECUTION OF LOCAL AGENCY - STATE AGREEMENT NO. 8-520, PROGRAM 7 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS). Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public input. Addressing Council was: Chief Feuerstein, Foothill Fire District, stated they would like to have an agreement that will provide blue dots in right locations and have a sched- ule for stripping. There being no further public input, the meeting was closed to further public input. City Clerk Wasserman read the title of Resolution No. 83-208. RESOLUTION NO. 83-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXE- CUTION OF LOCAL AGENCY-STATE AGREEMENT NO. 8-5420, PROGRAM SUPPLEMENT NO. 7. MOTION: Moved by Dahl, seconded by Buquet to approve ResolutiOn No. 83-208 approving the Local Agency-State Agreement No. 8-5420, and to waive full reading. Motion carried unanimously 5-0. 32 6F. SOUTHERN PACIFIC TRACK CONSOLIDATION PROPOSAL. Review status of applica- tion to the Southern Pacific Company to abandon its northerly track through the City of Rancho Cucamonga. Recommend that Council approve proposal to partici- pate with the Cities of Montclair, Upland, Pomona, and Fontaria in formal appli- cation to consolidate and abandon portions of the Southern Pacific Foothill Line. Estimated cost to Rancho Cucamonga is $9,000. Staff report by Lloyd Hubbs, City Engineer. MOTION: Moved by Schlosser, seconded by Dahl to direct staff to complete the necessary agreements to continue application procedures to abandon the Southern Pacific Foothill line. Motion carried unanimously 5-0. City Council Minutes December 7, 1983 Page i1 6G. ADDED ITEM: DAY CREEK PROJECT MANAGER AGREEMENT. (Item was on the RDA Agenda which also needed to be approved by the City Council). Mayor Mikels opened the meeting for public comment. There being none, the pub- lic meeting was closed. MOTION: Moved by Dahl, seconded by Buquet to approve the agreement with San Bernardino Flood Control District to provide a project manager for the implementation of the Day Creek Flood Control Channel. Motion carried unanimously 5-0. 33 7. CITY ATTORNEY'S REPORTS 7A. CONSIDERATION OF~AMENDMENT TO CHAPTER L0~44.110 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROHIBIT SALE OF FOOD OR BEVERAGES FROM VEHICLES OR PUSHCARTS NEAR PUBLIC SCHOOL GROUNDS. Staff report by Robert Dougherty, City Attorney. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Jim Dyer, principal of Alta Loma Junior High School, expressed his concur- rence with the Council's attempt to resolve the problem Sharon Romero, Chairman of the Advisory Commission, read the Advisory Commission's position. There being no further response from the public, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 213. ORDINANCE NO. 213 (firs~ reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.44.110 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING SUBSECTION (E) THERETO TO PROHIBIT THE SALE OF FOOD OR BEVERAGES FROM VEHICLES OR PUSHCARTS NEAR PUBLIC SCHOOL GROUNDS. MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordi- nance No. 213. Motion carried unanimously 5-0. Mayor Mikels set second reading for December 21, 1983. 34 7B. DISCUSSION OF MATTERS PERTAINING TO AN ORDINANCE REGULATING AMBULANCE SERVICE WITHIN THE CITY OF RANCHO CUCAMONGA. An oral report was presented by Robert Dougherty, City Attorney. Mr. Dougherty requested direction from the Council. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Homer Aerts, Mercy Ambulance, stated they were in support of an Ambulance Ordinance. There being no further response from the public, Mayor Mikels closed the public hearing. After some discussion among the Councilmembers, Mayor Mikels polled the Council if they desired to have staff begin the process to draft an ordinance. 35 City Council Minutes December 7, 1983 Page 12 ACTION: Concensus of Council not to draft an ambulance ordinance. 8. CITY COUNCIL BUSINESS 36 8A. MATTER OF EXPIRED ADVISORY COMMISSION TERMS. Mayor Mikels proposed the following two-year appointments: Alta Loma: Reappointment of Sharon Romero. Council concurred. Cucamonga: Reappointment of Jim Mendez. Council concurred. Appointment of Sam Grasso. Council concurred. Etiwanda: Reappointment of Don Baer. Council concurred. Appointment of Pat Gearhart. Council concurred Frost abstaining. with Jim 8B. ADDED ITEM: Mr. Buquet stated he has been contacted by two members of the Fire District Board to study the feasibilityof making the Fire District a Sub- sidiary District of the City. Mayor Mikels suggested that Council wait until after the next Fire District Board meeting to see if the Board concurs with this. 9. ADJOURNMENT MOTION: Moved by Dahl, seconded by Buquet to adjourn the meeting to a Closed Session, not to reconvene this evening. Motion carried unanimously 5-0. The meeting adjourned at 2:12 a.m. Respectfully submitted, Beverly Authelet Deputy City Clerk