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Home My WebLink About1994/01/19 - Minutes January 19, 1994 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 19, 1994, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:15 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. 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; Linda D. Daniels, Redevelopment Manager; Olen Jones, Sr. RDA Analyst; Rick Gomez, Community Development Director, Bred Buller, City Planner; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Bill Makshanoff, Building Official; Suzanne Ora, Community Services Manager; Robert Dominguez, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS BI. Jack Lam, City Manager, stated that Item D9 should be removed from the agenda and that it will come back to the Council at a later date. B2. Mayor Stout stated he would like D5 placed under Council Business so that it can be discussed. C. COMMUNICATIONS FROM THE PUBLIC C1. Jackie Bolda, Mt. Gunnison Court, commented on how the Police and Fire Departments came through her neighborhood dudng Christmas along with Santa Claus and how wonderful she thought the program was. She also thanked the City Council for the meeting that was held at Caryn School last night regarding policing in their neighborhood. C2. John Cermak, 12505 Bougainvillea Way, stated he has noticed a large increase in cdme and felt there was not an increase in police protection. He felt more sworn police personnel was needed. City Council Minutes January 19,1994 Page 2 Mayor Stout commented that the City has increased its police protection by over 10% this year. Councilmember Buquetstated that the City will get $179,000.00 from Proposition 172. Headded Proposition 172 was not set up to do what people were led to think it would do. Councilmember Gutierrez stated he and the rest of the Council are concerned about cdme in the City and that they are working on this problem. C3. Debra Robb, 12581 Pitache St., commented that her car was stolen and her home broken into. Councilmember Buquet suggested that she set up a neighborhood watch in her neighborhood. D. CONSENT CALENDAR D1. Approval of Minutes: January 5, 1994 D2. Approval of Warrants, Register Nos. 12/29/93 and 1/5/94; and Payroll ending 12/16/93 for the total amount of $1,882,716.07. D3. Approval to receive and file current Investment Schedule as of December 31, 1993. (1) D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Hellman Avenue at Ninth Street Improvement Project, to be funded from Street Rehabilitation, Account No. 09-4637-9304. (0601-01 BID) RESOLUTION NO. 94-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HELLMAN AVENUE AT NINTH STREET IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS (2) D5. Approval of the Design of the City Seal for the City of Rancho Cucamonga. ITEM MOVED TO COUNCIL BUSINESS. (0704-20 LOGO) (3) D6. Approval to extend Comcast Cable T.V. franchise. (1205-01 CATV) RESOLUTION NO. 91-012-O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE VV]THIN THE CITY OF RANCHO CUCAMONGA (4) D7. Approval to appropriate and expend $30,000 for the installation of a Touch Pad Lighting Control System at Red Hill and Hedtage Community Parks, to be funded from Account No. 90-4637-9222. (0401-21 FUND APPRO) (1404-05 PARK) City Council Minutes January 19, 1994 Page 3 D8. Approval of a Resolution allowing the issuance by the Marks Group, Incorporated, of $30 million of (5) equity capital to Institutional Investors. (1205-01 CATV) RESOLUTION NO. 94-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE MARKS GROUP, INCORPORATED OF $30 MILLION OF EQUITY CAPITAL TO INSTITUTIONAL INVESTORS ,',,~ ,, .............................. ,,-,,-, ,,~ ,,,,-, · ................ · ............ ~,~-,,,A , ...... . (6) ......... ~, .............. ITEM REMOVED FROM AGENDA. (0602-01 CONTRACT) D10. Approval to award and authorization for execution of contract (CO 94-007) for Vinmar Avenue from (7) Ninth Street to Chaffee Street Alley Improvement Project to IPS Services, Incorporated, for the amount of $85,897.00 ($78,088.39 plus 10% contingency), to be funded from CDBG Account No. 28-4333-9329. (0511- 01 AWARD) (0602-01 CONTRACT) Dll. Approval to award and authorization for execution of contract (CO 94-008) for Traffic Signals and (8) Safety Lighting at the intersection of Haven Avenue and Banyan Street to IPS Services, Incorporated, for the amount of $202,083.00 ($183,712.20 plus 10% contingency), to be funded from TDA Article 8, Account No. 12-4637-9204. (0511-01 AWARD)(0602-01 CONTRACT) D12. Approval to renew and execute Facility Use Agreement (CO 93-023) between Chaffey Community ( 9 ) College and the City for Recreational Uses in the amount of $25,000.00 to cover maintenance and operations expenses. (0602-01 CONTRACT) D13. Approval to execute Improvement Agreement Extension for Tract 13717, located on the northeast (10) corner of Church Street and Spruce Avenue, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 94-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13717 D14. Approval to execute Improvement Agreement Extension for Tract 14192-1, located on the east side ( 1! ) of Hellman Avenue south of 19th Street, submitted by Hix Development. (0602-01 AGREE EXTN) RESOLUTION NO. 94-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14192-1 D15. Approval to execute Improvement Agreement Extension for Tracts 14379 and 14380, located on the (].2) northwest corner of Etiwanda Avenue and 24th Street, submitted by Watt Homes. (0602-01 AGREE EXTN) City Council Minutes Janua~ 19,1994 Page 4 RESOLUTION NO. 94-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 14379 AND 14380 (].3) D16. Approval to accept the Required Street Improvements for Parcel Map 12959-1 which have been completed in an acceptable manner, accept the Maintenance Guarantee Bond in the amount of $134,000.00, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Bond in the amount of $1,340,064.00. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 94-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 12959-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (14) D17. Approval to accept the Required Improvements for the Jersey Boulevard Railroad Crossing which have been completed in an acceptable manner, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Cash Security in the amount of $50,000.00. (0602-01 BOND REL) (0704-18 NOT COMPLT) RESOLUTION NO. 94-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE JERSEY BOULEVARD RAILROAD CROSSING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (15) D18. Approval to release Maintenance Guarantee Bond for Milliken Avenue-Banyan Street Landscaping and Storm Drain Improvements associated with Tracts 13748, 13857 and 13858 located at the southwest corner of Milliken Avenue and Banyan Street. (0602-01 BOND REL) ( 16 ) D19. Approvat to accept the Milliken Avenue Bike Route and Base Line Road Bike Lane, Phase 1, Contract No. CO 93-029, as Complete, Retain Bond and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $17,624.36. (0704-18 NOT COMPLT) RESOLUTION NO. 94-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC iMPROVEMENTS FOR MILLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD BIKE LANE, PHASE 1, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept the Resurfacing of Equestrian Rinks at Heritage Community Park, Contract No. (17) CO 93-042, as Complete, Retain Bond and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $54,543.35. (0704-18 NOT COMPLT) City Council Minutes January 19, 1994 Page 5 RESOLUTION NO. 94-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RESURFAClNG OF EQUESTRIAN RINKS AT HERITAGE COMMUNITY PARK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept the contract for Asphalt Over~ay on Helms Avenue, Lucas Ranch Road, and Santa (18) Anita Avenue, Contract No. CO 93-053, as Complete, Retain Bend and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $93,979.40. (0704-18 NOT COMPLT) RESOLUTION NO. 94-015 A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONTRACT FOR ASPHALT OVERLAY ON HELMS AVENUE, LUCAS RANCH ROAD, AND SANTA ANITA AVENUE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of Items D5 and D9. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT NO. 94-01. ALONG (19) ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO ARROW ROUTE. USING RULE 20A FUNDS Staff report presented by Mike Olivier, Sr. Civil Engineer. (1201-02 UUD) Mayor Stout opened the meeting for public headng. There being no response, the public headng was closed. RESOLUTION NO. 94-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITY DISTRICT NO. 94-01, ALONG ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO ARROW ROUTE MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 94-016. Motion carried unanimously, 5-0. City Council Minutes Janua~ 19,1994 Page 6 G. PUBLIC HEARINGS No items were submitted. H. CITY MANAGER'S STAFF REPORTS (20) HI. CONSIDERATION TO FORM YOUTH ACCOUNTABILITY BOARD Staff report presented by Jack Lam, City Manager. He continued to introduce Cynthia Fusey, Probation Officer with the County of San Bernardino. (0510-00 SAFETY) Cynthia Fusey presented further explanation on how the program worked and felt it would help the residents of Rancho Cucamonga. Mayor Stout opened the meeting for public input. There being no comments made, public input was closed. Mayor Stout stated he and Councilmember Buquet felt this was a good program and felt it should be tried by Rancho Cucamonga. Councilmember Buquet agreed. Mayor Stout suggested the Public Safety Subcommittee oversee this program. MOTION: Moved by Buquet, seconded by Stout to approve the formation of a Youth Accountability Board. Motion carried unanimously, 5-0. (21) H2. CONSIDERATION TO ADOPT A RESOLUTION TO REGULATE BASIC TIER CABLE RATES AND RELATED EQUIPMENT COSTS AS ALLOVVED BY THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 (Continued from October 20, 1993) Staff report presented by Susan Mickey, Management Analyst I. She stated Michael Friedman, the City's cable consultant, was also present to answer any questions. (1205-01 CATV) Mayor Stout opened the meeting for public comment. Addressing the City Council were: Bill Marks, Sr., chairman of the Marks Group, stated it would ruin his deal of purchasing Simmons Cable TV if the City regulated cable at this time. He stated they have given the City their word not to raise their rates to the benchmark level. Councilmember Gutierrez asked what the delay was in closing this deal. Mr. Marks stated the financing community questioned his deal and he had to convince them that Rancho Cucamonga was a growing community. He stated that environmental impacts also had to be checked by the bank. He hoped it would close Monday er Tuesday. City Council Minutes January 19, 1994 Page 7 James Markman, City Attorney, stated the bank knows that the Council can regulate any time and questioned why the bank would make a decision to finance him or not based upon whether the Council approves this Resolution tonight. Mr. Marks asked that the Council not approve the Resolution, and that the bank did not want to close the deal until they knew if the Council would regulate or not. Michael Friedman, City's Cable Consultant, stated it is his recommendation for any City to regulate and felt Rancho Cucamonga should do this. Councilmember Gutierrez asked what would happen if this is continued for one more month. Michael Fdedman stated on February 15, rate freeze expires and the cable companies can raise their rates at this time. Councilmember Buquet felt if the City Council could have some kind of assurance that the cable companies will not lessen service to the customers, he is not in favor of regulating. RESOLUTION NO. 93-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PROCEDURES PERMri-I'ING THE REGULATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND RELATED EQUIPMENT MOTION: Moved by Stout, seconded by Alexander not to regulate. Motion carried unanimously, 5-0. Resolution No. 93-189 not approved. H3. CONSIDERATION TO APPROVE A JOINT EXERCISE OF POWERS AGREEMENT ~CO 94-009~ (22) WITH THE COUNTY OF SAN BERNARDINO. THE CITIES OF CLAREMONT. FONTANA. LA VERNE. RIALTO. SAN BERNARDINO AND UPLAND FOR THE ADMINISTRATION OF A CONSOLIDATED PROGRAM OF DESIGN AND MAINTENANCE OF THE ROUTE 30 FREEWAY CORRIDOR BETVVEEN LA VERNE AND SAN BERNARDINO Staff report presented by Brad Buller, City Planner. (0602-01 CONTRACT) RESOLUTION NO. 94-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JOINT EXERCISE OF POVVERS AGREEMENT FOR THE ADMINISTRATION OF A CONSOLIDATED PROGRAM OF DESIGN AND MAINTENANCE OF THE ROUTE 30 FREEWAY CORRIDOR BETWEEN LA VERNE AND SAN BERNARDINO MOTIQN: Moved by Williams, seconded by Buquet to approve Resolution No. 94-017. Motion carried unanimously, 5-0. City Council Minutes January 19,1994 Page 8 I. COUNCIL BUSINESS (23) I1. REQUEST BY RANCHO CUCAMONGA QUAKES BASEBALL CLUB TO PRESENT PLANS FOR EXPANSION OF STADIUM (Continued from December 15, 1993) Staff report presented by Rick Gomez, Community Development Director. (1601-04 CITY FAC) Mayor Stout opened the meeting for public hearing. Addressing the City Council were: John LeCompte, Quakes Baseball Club, informed the Council about the discussion that took place at the last meeting with the main topic of discussion being the cress aisle. Councilmember Gutierrez asked how much money would be lost if the cross aisle was not put in. Hank Stickney, Quakes Baseball Club, stated about $50,000.00 per year would be lost if the cress aisle modification is not installed. Councilmember Alexander stated he went to the stadium and felt the cross aisle should remain as is. He felt it was extremely important to have it. Mayor Stout stated he did not think the cross aisle modification should be approved. He stated the City does not have enough parking for more than 6,500 seat holders anyway. He stated he is not in favor of removing the cress aisle. Councilmember Gutierrez stated he would go along with modi~ing the cross aisle if everyone wanted to do that. Councilmember Williams stated she still felt the cress aisle should remain as is. Mayor Stout felt the City should get a letter from Major League Baseball to say if the additional seats can be added down in the front around home plate. He did not want the stadium to be called substandard. Terry Miller, Amhitect, stated the Council would not get a letter telling them it is okay, but that the City should tell them this is what we are doing and to let us know if they have any objections. James Markman, City Attorney, stated in the original lease the City had a condition that the team obtain approval, and that if there is an expansion agreement, it will have the same condition. Hank Stickney, Quakes Baseball Club, stated that if the three rows are not put in front, you cannot move the dugouts forward and you really have no expansion behind home plate. He stated that would be a net decrease behind home plate. He stated if Major League Baseball has a problem with it, they will move home plate if they have to. The Council voted as follows on the following issues: Cross aisle to be left as is - approved 3-2 (Buquet, Gutierrez voted no) Bleacher expansion - approved 5-0 Other modifications (includes dugout and additional three rows) - approved 4-1 (Stout voted no) Tower building on third base side was not decided at this meeting. City Council Minutes January 19, 1994 Page 9 12. CONSIDERATION OF THE DESIGN OF THE CITY SEAL FOR THE CITY OF RANCHO (24) CUCAMONGA (0704-20 LOGO) Mayor Stout felt it was time for the City to get a seal and that he and Councilmember Williams worked on this matter. He continued to explain what the seal represents. He stated after receiving comments from the public after it was printed in the newspaper, it was suggested that citrus be incorporated into the design. Councilmember Williams stated the seal was meant to show what the City was then and is now. She continued to explain what the design of the seal represents. Councilmember Alexander felt this should be held off for approval until the public can give their input as to the design. Councilmember Buquet stated this has been worked on for a long time and he felt the Council should move forward and determine any changes that need to be made. Councilmember Gutierrez stated he would like to hear what the people say. Mayor Stout opened the meeting for public comments. Addressing the Council were: Larry Smith stated he felt a Route 66 sign should be included in the design. Bob Lundy stated they are committed to Route 66. He reported on the hand out that was distributed regarding Route 66 being made part of the seal. He felt what the City develops and what Route 66 uses should be compatible. He felt Heritage from the east portion of the City should also be incorporated into the seal. Councilmember Buquet felt signs could be developed to route people to his business rather than redo the seal to advertise for them. Mayor Stout stated he did not think the seal should be something to help people find Mr. Lundy's business. Harry Ledig, former citrus grower of Rancho Cucamonga, suggested that possibly the three communities should be identified on the seal somehow. Mayor Stout thanked Mrs. Ledig for her comments made by telephone today and felt it was a good idea. Mrs. Ledig stated she did not agree with the palm trees and felt they should be citrus trees instead. Don Showalter, 7508 Cerfito Rojo, stated he was unhappy when there was no citrus on the seal, but that now he is satisfied with the design. There being no further input, public comments were closed. RESOLUTION NO. 94-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN OFFICIAL CITY SEAL AND CITY MO']-I'O City Council Minutes January 19,1994 Page 10 MOTION: Moved by Stout, seconded by Buquet to approve Resolution No. 94-018 and the design ofthe seal as resubmitted. Motion carried 4-1 (Alexander voted no). J, IDENTIFICATION OF ITEMS FOR NEXT MEETING Jl. Councilmember Williams felt the Library should be named at the next meeting. J2. James Markman, City Attorney, stated the Council may want to put an item on the agenda, prior to April 1, to get informed about the new Brown Act requirements. Mayor Stout asked Jack Lam to put this on the agenda at the appropriate time. J3. Mayor Stout felt the signal timing should be discussed to see if they can work better. Councilmember Buquet stated he agreed and felt because of the way they are timed now, it causes people to drive unsafely to get through an intersection. K. COMMUNICATIONS FROM THE PUBLIC KI. Mike Dubbs, 6869 Verado, requested that Route 30 be on the agenda on a monthly basis so that the public can give their input on this. He asked that staff on a bi-monthly basis, through notification, place this on the agenda so the public can come to the meeting and get updated and hear what is going on and give input. K2. Wendy Vallette, 11116 Amarillo, stated the public would like to give input on the Route 30 design. She stated A.C.T.I.VE. Bulletin is active again and that the City can use this if they wish to. Mayor Stout suggested Jack Lam come back with a recommendation as to how to deal with those suggestions made by the public. He stated he felt some of the suggestions were good and he agreed with them. Councilmember Buquet stated this project is a long way from starting. Mayor Stout stated he would still like a timeframe on this project. Councilmember Buquet stated he understands, but stated it is a long way off. Mayor Stout stated he would tike a report as to where things are with this project. Wendy Vallette stated the residents would like to be involved and give their input. City Council Minutes January 19, 1994 Page 11 L. ADJOURNMENT MOTION: Moved by Williams, seconded by Buquet to adjourn to Executive Session to discuss personnel matters and property negotiations regarding the Stadium expansion with Valley Baseball. Motion carried unanimously, 5-0. The meeting adjourned at 9:56 p.m. Respectfully submitted, Debra J. Adam&C City Clerk Approved: February 16, 1994