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Home My WebLink About1993/10/06 - Minutes October 6, 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 6, 1993, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was reconvened at 7:36 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Rex Gutierrez, Diane Williams, and President Dennis L. Stout. Also present were: Jack Lam, City Manager; William Curley, Deputy City Attorney; Linda D. Daniels, RDA Manager; Olen Jones, Sr. RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Dave Blevins, Public Works Maintenance Manager; William Makshanoff, Building Official; Bob Dominguez, Administrative Services Director; Jim Frost, Treasurer; 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; Lt. Joe Henry, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was Councilmember: Charles J. Buquet II. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation to Geries Fakhoury for his quick action in assisting the police. Mayor Stout presented the proclamation to Geries Fakhoury. B2. Presentation of Citizen Award to Cynthia Shelley from the National Graffiti Information Network. Mayor Stout presented the Citizen Award certificate to Cynthia Shelley. B3. Presentation of "Adopt-A-Wall" T-Shirts by Blake MacPherson of Mercy Ambulance Service to the Mayor and Members of the City Council. Blake MacPherson and Cynthia Shelley presented T-shirts to the Council. City Council Minutes October 6, 1993 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Glenn Crown stated he recently opened a business in this community and felt the Sign Ordinance should be discussed at the next Council meeting because he did not agree with how it was written. He also stated he did not agree with how the City's Code Enforcement Division is structured and the authority they have. Mayor Stout asked if he has talked to the Chamber about his concerns. Mr. Crown stated that he had, but that he did not feel they could help him. Councilmember Alexander stated he would be willing to discuss it in two weeks, but if necessary, would delay it so that all the information can be obtained before it comes to the Council. Mayor Stout asked that this come back under Council Business on the October 20 agenda. Councilmember Williams asked for clarification as to what would be discussed regarding this matter. Councilmember Gutierrez felt Mr. Crown's situation should be discussed with the possibility of bringing back the Sign Ordinance at a later date if revisions need to be made. The Council concurred that this would come back at the next meeting under Council Business. C2. Craig Hemler, P.O. Box 1637, Upland, reported on how County officials waste money. He felt the City should tell the County not to waste taxpayers' money. He felt residents should vote no on Proposition 172, Councilmember Williams stated for the record she is not related to Sheriff Dick Williams. C3. Myrtle Cooper, Vicksburg Court, stated she has a rock band playing in her neighborhood that is annoying her and all of her neighbors. She stated she cannot get them to quit playing at a decent hour. She asked if the City could do something to help her. Mayor Stout asked her to present her petition she had in hand to Brad Buller, and that the City will try to help her with this problem. Brad Buller, City Planner, stated he would work with her and set up a meeting to discuss this situation. C4. Joe Magaha stated he lives next door to Mrs. Cooper and stated he would also like to get involved in the meeting that is to be set up. D. CONSENT CALENDAR Jack Lam, City Manager, stated Resolution No. 93-172 has a corrected Resolution. He stated Item D20 should be pulled from the agenda. He also explained there is an item staff would like to add to the Council Agenda that was not ready when the agenda was prepared but does need Council action as quickly as possible. City Council Minutes October 6, 1993 Page 3 MOTION: Moved by Alexander, seconded by Williams to add the item to the Consent Calendar as the 22nd item. Motion carried unanimously, 4-0-1 (Buquet absent). D1. Approval of Minutes: September 15, 1993 (Buquet, Willjams absent) D2. Approval of Warrants, Register Nos. 9/8/93, 9/15/93 and 9/22/93; and Payroll ending 8/26/93 for the total amount of $1,684,158.87. D3. Alcoholic Beverage Application for On-Sale Beer & Wine Eating Place for Rancho Valley Golf Center, Golf Learning Centers, Incorporated, 11670 Arrow Route. D4. Alcoholic Beverage Application for On-Sale Beer & Wine Eating Place Condition #7 for Off-Road Chicken Bar-B-Q, Glenn B. Crown, 6797 Carnelian Street. D5. Alcoholic Beverage Application for On-Sale Beer & Wine Eating Place for Tokyo Express. Louis C. Huang and Wen-Hao Lin, 10709 Town Center Drive, Suite 130. D6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Lions Park Community Center Roofing Project" to be funded from Account No. 13-4563-7043. (0601-01 BID) RESOLUTION NO. 93-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "LIONS PARK COMMUNITY CENTER ROOFING PROJECT," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE AND TO RECEIVE BIDS D7. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Traffic Signals and Safety Lighting at the intersection of Haven Avenue and Banyan Street, to be funded from TDA Article 8, Account No. 12-4637-9204. (0601-01 BID) RESOLUTION NO. 93-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF HAVEN AVENUE AND BANYAN STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D8. Approval to surplus City vehicles for sale at public auction. (0604-02 SURPL PROP) D9. Approval to surplus City vehicles. (0604-02 SURPL PROP) D10. Approval to destroy records and documents which are no longer required as provided under Government Code Section 34090. (0304-00 REC MGMT) (2) (3) (4) (5) City Council Minutes October 6, 1993 Page 4 (6) (7) (8) (9) RESOLUTION NO. 93-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 D11. Approval to adopt a Resolution to accept the surrender of Times Mirrors Cable Television Franchise Agreement. (1205-01 CATV) RESOLUTION NO. 93-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING AND ACCEPTING THE SURRENDER OF A CABLE TELEVISION FRANCHISE AGREEMENT TO THE CITY OF RANCHO CUCAMONGA (TIMES MIRROR CABLE TELEVISION OF RIVERSIDE COUNTY, INC.) D12. Approval to continue with representation by County Counsel in the L.A. Cellular, Etc., V. State Board of Equalization, Etc., Et AI San Francisco Superior Court No. 942131 Matter. (0703-01 LITIGATION) D13. Approval to execute a Subordination Agreement from Neal S. Weeks and Rebecca A. Weeks for their property located at 5570 Crooked Creek Drive (APN: 1074-171-22) (0602-01 AGREE SUB) RESOLUTION NO. 93-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM NEAL S. WEEKS AND REBECCA A. WEEKS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME (APN: 1074-171-22) D14. Approval to adopt resolutions relating to the formation of Community Facilities District 93-3 (Foothill Marketplace). (0403-01 COM FAC DI) RESOLUTION NO. 93-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING FINDINGS ON PETITION RESOLUTION NO. 93-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING APPOINTMENTS IN A COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 93-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING PROPERTIES AND LAND TO BE SERVED BY CERTAIN PUBLIC CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICT City Council Minutes October 6, 1993 Page 5 RESOLUTION NO. 93-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SAID COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 93-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A "REPORT" FOR A COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 93-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR CERTAIN FACILITIES IN A COMMUNITY FACILITIES DISTRICT D15. Approval to Release Real Property Improvement Contract and Lien Agreement between the City of Rancho Cucamonga and Supracote, Incorporated, for the undergrounding of utilities along Arrow Route at Assessors Parcel Number 208-961-19. (0602-01 AGREE R I/L) RESOLUTION NO. 93-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A STREET FRONTAGE CONSTRUCTION LIEN AGREEMENT BETWEEN SUPRACOTE, INCORPORATED, AND THE CITY OF RANCHO CUCAMONGA D16. Approval to execute a Loan Agreement (CO 93-073) between the City and Fire Protection District. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER GUTIERREZ. (0602-01 CONTRACT) D17. Approval to execute a Professional Services Agreement (CO 93-074) with Willdan Associates to prepare environmental documents, based on Federal standards, for the Milliken Avenue Extension and the Metrolink Station, for processing and approval through Caltrans, for $24,425.00, to be funded from Account Numbers 36-4637-9326 and 37-4637-9326. (0602-01 CONTRACT) D18. Approval to award and authorization for execution of contract (CO 93-075) for Construction of Traffic Signals and Safety Lighting at the intersection of Milliken Avenue and Fairmont Way, to Signal Maintenance, Incorporated, for the amount of $87,050.00 ($79, 135.00 plus 10% contingency), to be funded from TDA Article 8, Account No. 12-4637-9202. (0511-01 AWARD) (0602-01 CONTRACT) D19. Approval to award and authorization for execution of an Annual Street Striping Contract (CO 93-076) in accordance with price schedule submitted by Orange County Striping Service, Incorporated, in the amount of $103,305.00, to be funded from Gas Tax Account No. 09-4637-6028, Contract Services (FY 1993/94). (0511-01 AWARD) (0602-01 CONTRACT) City Council Minutes October 6, 1993 Page 6 (is) (i6) (i7) D20. Approval to substitutc soeuritics bctwcon thc current dcvclopcf, Brocl~ I lemc3, and thc ncw dcvclopcr, J.C.C. Dcvclopment for Tract 12332 2, located on thc c-,e~t sidc of I lavce Avcnuc at Almond Strcot. ITEM REMOVED FROM AGENDA. (0602-01 BOND ACCPT) (0602-01 BOND REL) Rdce3c: Faithful I'k:rformancc Bond Labor and Material3 Bond $1,381,000.00 690,S00.00 Ac, eept: Faithful I'k:rformancc Bond Labor and Matefiala Bond $ 33,063.00 16,S32.00 RESOLUTION NO. 93 18~ A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF RANClIO CUCAMONCA, CALIFORNIA, AUTI IORIZINC A SUBSTITUTION OF SECURITIES FOR TRACT 12332 2 D21. Approval to accept the Seventh Street Improvements, between Haven Avenue and Center Avenue, Improvement Project, Contract No. CO93-030, as Complete, Release Bonds and Authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $142,533.79. (0704-18 NOT COMPLT) RESOLUTION NO. 93-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR SEVENTH STREET IMPROVEMENTS, BETWEEN HAVEN AVENUE AND CENTER AVENUE, IMPROVEMENT PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D22. Approval to execute Agreement of Purchase and Sale and Joint Escrow Instructions between BA Properties, Incorporated, a Delaware Corporation, as seller, and the City of Rancho Cucamonga, as buyer, for the property located east of Wardman Bullock Road, north of the Southern California Edison Corridor, and south of Henderson Channel for the purchase price of $100,000.00 from Fund 20. (1002-03 ESCROVV) RESOLUTION NO. 93-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS MOTION: Moved by Gutierrez, seconded by Alexander to approve the staff recommendations in the staff reports contained in the Consent Calendar, with Willlares abstaining from the September 15, 1993 minutes, including the corrections as noted by the City Manager, with the exception of item D16. Motion carried unanimously, 4-0-1. DISCUSSION OF ITEM D16. Approval to execute a Loan Agreement (CO 93-073) between the City and Fire Protection District. Councilmember Gutierrez asked questions about the loan agreement. City Council Minutes October 6, 1993 Page 7 Jack Lain, City Manager, and Bob Dominguez, Administrative Services Director, explained how this process works. Councilmember Gutierrez stated he did not want by his voting for this item to be misconstrued that he is in support of the Utility Tax. MOTION: Moved by Gutierrez, seconded by Alexander to approve Item D16. Motion carried unanimously, 4-0-1 (Buquet absent). E. CONSENT ORDINANCES No items were submitted. No items were submitted. No items were submitted. H1. CONSIDERATION F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (CO 93-077) REGARDING THE DEVELOPMENT AND PROCESSING OF PLANS FOR THE GENERAL DYNAMICS PROPERTY AND AUTHORIZING THE MAYOR TO SIGN THE SAME (0602-01 CONTRACT) This item was approved under the Redevelopment Agency agenda when jointly discussed. No items were submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified br the ne~ meeting. City Council Minutes October 6, 1993 Page 8 K. COMMUNICATIONS FROM THE PUBLIC K1. Steve Shepherd, Brock Homes, stated he did not know why Item D20 was removed from the agenda. Joe O'Neil, City Engineer, stated the reason Brock Homes was not notified of this is because he just received new information prior to the meeting and that he did not feel it was ready to be on the agenda tonight, but that hopefully it could come back at the October 20 meeting. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Alexander to adjoum. Motion carded unanimously, 4-0-1 (Buquet absent). The meeting adjourned at 8:09 p.m. Respectfully submitted, City Clerk Approved: October 20, 1993