Loading...
HomeMy WebLinkAbout1993/10/20 - Minutes October 20, 1993 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, October 20, 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 7:07 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Willjams, 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; Brad Buller, City Planner; Richard Alcorn, Code Enforcement Supervisor; Joe O'Neil, City Engineer; Dave Blevins, Public Works Maintenance Manager; Bill Makshanoff, Building Official; Bob Dominguez, Administrative Services Director; Suzanne Ota, Community Services Manager; Paula Pachon, Management Analyst II; 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 B1. Presentation of Proclamation recognizing the week of October 23 through 30, 1993 as Red Ribbon Week. Mayor Stout presented the Proclamation to Paula Pachon, Management Analyst II. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes October 20, 1993 Page 2 (2) (3) (4) (s) (6) D. CONSENT CALENDAR D1. Approval of Minutes: September 30, 1993 (Buquet absent) October 6, 1993 (Buquet absent) D2. Approval of Warrants, Register Nos. 9/29/93 and 10/6/93; and Payroll ending 9/9/93 for the total amount of $1,518,895.58. D3. Approval to receive and file current Investment Schedule as of September 30, 1993. D4. Approval to appropriate $10,000.00 from Fund 09 - "Gas Tax" for the Milliken Avenue Extension from Arrow Route to Foothill Boulevard project. (0401-21 FUND APPRO) D5. Approval to extend Comcast Cable TV Franchise. (1205-01 CATV) RESOLUTION NO. 91-012N A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE TV FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA D6. Approval to purchase 10.75 acres of land from Whittier College in the amount of $1,100,000.00 for a proposed sports complex expansion parking lot, to be funded from Account Number 19.50400. (1002-07 PROP L/P) RESOLUTION NO. 93-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITING THE RANCHO REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS IN REGARD THERETO D7. Approval to award and authorization to execute contract (CO 93-080) for Landscape and Irrigation Maintenance for Landscape Maintenance Districts 7 and 8 to Landscape West, Incorporated for the amount of $40,825.20, to be funded from Landscape Maintenance District 7 ($38,436.80), Account No. 47-4130-6028, and Landscape Maintenance District 8 ($2,389.40), Account No. 48-4130-6028. (0511-01 AWARD) (0602-01 CONTRACT) D8. Approval to execute a Memorandum of Understanding (CO 93-081 ) between the Rancho Cucamonga Redevelopment Agency, the City of Rancho Cucamonga and the Chamber of Commerce for Fiscal Year 1993/94 and authorize the City Manger to sign. ITEM REMOVED FOR DISCUSSION BY MAYOR STOUT. (0602-01 CONTRACT) D9. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 12870, located on the northeast corner of Highland Avenue and Etiwanda Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) City Council Minutes October 20, 1993 Page 3 Release: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) $1,373,000.00 137,300.00 RESOLUTION NO. 93-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12870 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Buquet, seconded by V~lliams to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of Item D8, with Buquet abstaining from the September 30 and October 6, 1993 minutes. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D8. Approval to execute a Memorandum of Understanding (CO 93-081) between the Rancho Cucamonga Redevelopment Agency, the City of Rancho Cucamonga and the Chamber of Commerce for Fiscal Year 1993/94 and authorize the City Manger to sign. Mayor Stout asked that this item be voted on separately as stated during the RDA meeting. MOTION: Moved by Buquet, seconded by Williams to approve Item D8. Motion carried 4-1 (Stout no). No items were submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS No items were submitted. No items were submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO EXECUTE AMENDMENT NO. 4 TO THE LEASE WITH VALLEY BASEBALL CLUB (CO 92-064), PERTAINING TO THEIR PARTICIPATION IN THE PROVISION OF ADDITIONAL PARKING FACILITIES Staff report presented by Linda Daniels, RDA Manager. (0602-01 CONTRACT) (7) City Council Minutes October 20, 1993 Page 4 (8) MOTION: Moved by Williams, seconded by Alexander to approve the amendment to the Lease with Valley Baseball Club. Motion carried unanimously, 5-0. 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 Staff report presented by Susan Mickey, Management Analyst I. (1205- 01 CATV) Councilmember Gutierrez stated he remembers the Marks Group's previous comments whereby they stated they wanted the City to regulate and asked if their opinion has changed. He stated he would like to hear from them tonight. Councilmember Buquet stated he felt the 'service given by the cable companies has greatly improved from years past. He asked for an update on where the City stands with negotiations with each of the cable companies. Jerry Fulwood, Deputy City Manager, reported that the Times Mirror franchise has been terminated. Comcast negotiations are progressing to ~nalize their franchise agreement. Simmons and the Marks Group are working on lessening their complaints and enhancing their service. He stated the Marks Group is in the process of acquiring Simmons. Councilmember Buquet commented on the seven years of negotiations with Comcast and the fact that their County franchise has run out, but the fact that the City is giving them extensions until things can be worked out. Councilmember Gutierrez asked staff to explain what it means for the City to regulate rates. Susan Mickey, Management Analyst I, stated it gives the City the authority to regulate the basic tier level of cable service. Mayor Stout opened the meeting for public hearing. Addressing the City Council was: William J. Marks, Marks Group, stated he does not think the Marks Group has ever received any bad reports from other cities about their service. He stated they are here to develop a good relationship with the City. He felt if the City regulates cable at this time, it will kill his deal with Simmons. He asked that the Council not regulate cable at this time. There being no further response, the public hearing was closed. Councilmember Buquet asked him why he has changed his mind about regulating. Mr. Marks stated he has not changed his mind, but that the problem is the timing issue with his deal for buying Simmons Cable TV. Councilmember Buquet asked him how much time he needs. Mr. Marks stated December 1, 1993 at the earliest, and January 1. 1994 at the latest. City Council Minutes October 20, 1993 Page 5 Michael Friedman, Telecommunications Management Company, felt the one potential drawback that he sees if the City Council delayed their decision past November 15, which is a key date because the FCC has ordered rate freeze expires, is that if any cable operator's rates are below what is known as the FCC benchmark, they can raise their rates to the benchmark without the City being able to order a roll back. He stated that Mr. Marks has indicated in meetings that they would not raise their rates, but felt he should say this publicly tonight. Mr. Marks stated if the Council does not regulate cable rates tonight, he will not go right up to the benchmark on November 15. Mr. Friedman stated he felt this was the key issue. Councilmember Buquet asked if the Marks Group was talking about a $ .44 increase. Mr. Marks stated they are looking at a $ .44 increase as they had told the City previously, and stated they would leave their level of service the same. He stated if the Council regulates, he is asking that the City not raise their rate card on November 15. Councilmember Buquet felt this should be continued until the first of the year, and not regulate at this time. Councilmember Gutierrez felt Marks deserved a chance and agreed with Councilmember Buquet. Councilmember Alexander asked if the City decides not to regulate, could they change their minds within the next 120 day period. Susan Mickey, Management Analyst I, stated they could reapply to regulate. Bill Marks stated if they are not in the middle of the Simmons deal, they would probably be asking the City to regulate when this comes up again. He stated for tonight, he would ask that the Council not go forward with regulation. Bill Marks, Jr., reiterated to the Council that they can go back and regulate at any time. RESOLUTION NO. 93-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PROCEDURES PERMI'I'rlNG THE REGULATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND RELATED EQUIPMENT MOTION: Moved by Buquet, seconded by Williams to continue the regulation issue to January 5, 1994 including Resolution 93-189. Motion carried unanimously 5-0. Mayor Stout stated he is concerned about how the federal government handled this issue. He stated the law does not give the City the pleasuro of totally regulating cable and that all the City can do is regulate the basic rate. City Council Minutes October 20, 1993 Page 6 (9) I. COUNCIL BUSINESS I1. REQUEST BY GLENN CROWN TO DISCUSS SIGNS IN THE ALTA LOMA PLAZA SHOPPING CENTER ON THE SOUTHEAST CORNER OF CARNELIAN AND 19TH STS (0807-02 SIGNS) Mr. Glenn Crown, Off Road Chicken and BBQ, Carnelian and 19th Street, felt the Sign Ordinance was prejudicial to small business owners. He continued to comment on the staff report and how he disagreed with it. He presented pictures to the Council and mentioned he did not like how the Code Enforcement Department handled his situation. Mr. Crown read comments from Mr. John Trimm, 9687 Base Line, which stated he felt sandwich board signs are the most effective method of advertising used by him. He felt he was losing money because of not being able to advertise appropriately. He felt the Council should open their eyes to small business and try to help them out. Mr. Crown felt the Sign Ordinance should be looked at. He stated he is willing to sit on a committee to try to change the regulations. Mayor Stout stated the Sign Ordinance was developed because the people that spoke at the time it was developed did not want Rancho Cucamonga to look like Holt Blvd. Councilmember Alexander stated he basically agreed with Mr. Crown that the City needs to do something to assist the business community. but that he did not feel it should look like Holt Blvd. Councilmember Buquet felt he should sit down with Brad Buller and talk through some of his issues. He stated he felt Mr. Crown has gotten some of the things he wanted when he acts reasonable with staff and does not threaten them. He stated he felt the City is willing to listen to suggested changes. Councilmember Gutierrez suggested that Mr. Crown work with the Planning Commission on some of his issues. He felt there could be a group get together to work on some of his concerns. Mayor Stout felt the Planning Commission and staff should look at some of the larger centers' signage also. He asked Mr. Markman to describe what the City can do legally. James Markman, City Attorney, stated staff would have to work on this and go before the Planning Commission and then back to the City Council. He felt this would take about 3 to 4 months. He felt Mr. Crown should work with the Planning Commission for some kind of temporary sign relief. Councilmember Williams felt when a shopping center paints their windows they are diminishing some of their security, and she also indicated she did not like all the paint on the windows. Mayor Stout and Councilmember Buquet suggested that Brad Buller work with the Planning Commission and small business owners on temporary signage issues that are occurring right now, Councilmember Buquet felt Brad Buller should work with the people in this particular center first to discuss their issues. Councilmember Gutierrez suggested Brad Buller work with the Code Enforcement Division on how they deal with problems and the general public as far as professionalism towards customers. MOTION: Moved by Stout, seconded by Buquet for Planning staff to work with the Planning Commission and small business owners on temporary signage issues. Motion carried 4-1 (Alexander no). City Council Minutes October 20, 1993 Page 7 Councilmember Alexander stated he felt the rest of the people that wanted to speak on this issue should be given the chance to do so. Mayor Stout called a recess at 9:22 p.m. Councilmembers present. The meeting was called back to order at 9:33 p.m. with all Sigmond Sliwoski, owner of the Alta Loma Plaza, asked that there be a correction made in the staff report in paragraph 1 where it discusses 4 monument signs, and stated he did not agree with how this was written. He stated it took him over one year to change signs to get what he has now. He stated he is not here only on Mr. Crown's behalf, but for the other tenants also. He stated he would be happy to work with Mr. Crown and City staff on the issues brought up. He stated he would take pictures of Tustin Avenue in Orange County to be discussed at the meetings. Mayor Stout asked him to take the pictures on the street as it goes from City to City. Councilmember Williams stated she did not feel the windows should be painted all over them. Mr. Sliwoski commented on the vacancy rate in commercial areas in Rancho Cucamonga. Mayor Stout stated the best marketing tool for a shopping center is public safety. Councilmember Buquet asked him what his vacancy rate is, Mr. Sliwoski stated "0". Councilmember Buquet stated he would like to get Mr. Solowski's input regarding this issue. Brad Buller, City Planner, stated he has worked with Mr. Crown and the other tenants with regards to their signs and felt there was flexibility in the Sign Ordinance to possibly assist them. Councilmember Buquet asked if there was a way to deal with this that would not be a long drawn out process. Brad Buller, City Planner, stated he felt there would be a way to deal with it fairly quickly. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J 1. Councilmember Buquet stated he would like to talk about his dght sizing item when the Council talks about the budget situation in November. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes October 20, 1993 Page 8 L. ADJOURNMENT MOTION: Moved by Alexander, seconded by Buquet to adjourn to an Executive Session to discuss personnel matters. Motion carried unanimously, 5-0. The meeting adjourned at 9:49 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: November 17, 1993