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HomeMy WebLinkAbout1995/09/20 - Agenda Packet CITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. September 20, 1995 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucmnonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tern Paul Biane, Councihnember James V. Curatalo, Councilmember Diane Williams, Counciln~ember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda September 20, 1995 PAGE All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander , Biane , Curatalo Gutierrez , and Willjams B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation declaring the week of September 18 - 23, 1995 as Pollution Prevention Week. Presentation by Paul Woodruff and Ted Dutton regarding Clean Water and a request to adopt a resolution supporting the same. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for thegeneral public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: August2, 1995 August 16, 1995 Approval of Warrants, Register Nos. 08/23/95 and 8/30/95; and Payroll ending 9/7/95 for the total amount of $1,896,034.28. o Approval to receive and file current Investment Schedule as of August 31, 1995. o Alcoholic Beverage Application for 20 Off-Sale Beer and Wine for Unnamed Business, Garish Naranbhai and Nital Garish Patel, 8809 N. Grove Avenue. Approval to accept Literacy Grant in the sum of $84,370 for Fiscal year 1995/96. l0 15 17 City Council Agenda September 20, 1995 PAGE 2 o o o 10. 11. 12. Approval to expend Asset Seizure Funds in an amount not to exceed $62,000. Approval to award and authorization for execution of contract (CO 95-052) for Base Line Road Widening and Rehabilitation, from Day Creek Channel to Victoda Park Lane, to Vance Corporation, funded from Transportation Systems Development Fund, Account No. 22-4637-9306 and S.B. 140 Fund, Account No, 35-4637-9306. Approval to execute contract (CO 95-053) between Hillside Community Church and the City of Rancho Cucamonga Community Services Department for use of classrooms for Playschool. Approval to execute contract (CO 95-054) for the Founder's Day Parade by World WK:Ie Spectaculars, Inc., dba Pageantry Productions in the amount of $7,139.05 from Account #01-4532-3900. Approval to execute a Professional Services Agreement (CO 95-055) with Envicom Corporation for the preparation of an Environmental Impact Report not to exceed $76,000 (to be funded from Developer Deposit) for General Plan Amendment 95-03A and Industrial Specific Plan Amendment 95-04. Approval to execute Usage Agreement (CO 95-056) between Chaffey Community College and the City of Rancho Cucamonga for the use of Recreational Fields at the College. Approval to award and authorization to execute a Professional Services Agreement (CO 95-057) with Peter Pitassi, AIA, Architect, for architectural design services for the renovation of Lions Community Center (Lions West) and the old Library Building (Lions East) for a fee of $118,200.00 to be funded from Community Services Fund, Account Number 13-4563-9501, Park Development Fund, Account Number 20-4532-9501 andGeneral Fund Account Number 01-4650-9501. 37 42 44 46 49 50 51 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. City Council Agenda September 20, 1995 PAGE F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF A MODIFICATION TO CONDITIONAL USE PERMIT 93-46 - FLOREES - An appeal of the Planning Commission's denial of a request to modify the approved site plan and certain conditions of approval for a previously approved gas station and mini-market in the Community Commercial designatjon of the Foothill Boulevard Specific Plan (Subarea 2), located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-192-06 and 07. RESOLUTION NO. 95-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT 93-46, A REQUEST TO MODIFY THE APPROVED SITE PLAN AND CERTAIN CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED GAS STATION AND MINI- MARKET IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD (SUBAREA 2), LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-192-06 AND 07 CONSIDERATION OF POINT OF HISTORIC INTEREST 95-01 - CITY OF RANCHO CUCAMONGA - A request to designate the Etivista Winery as a Point of Histodc Interest, located at 12700 - 12752 Foothill Boulevard - APN: 227-221-03 and 22 through 24. RESOLUTION NO. 95-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POINT OF HISTORIC INTEREST 95-01 TO DESIGNATE THE ETIVISTA WINERY, LOCATED AT 12742, 12762, 12768 AND 12774 FOOTHILL BOULEVARD, AS A POINT OF HISTORIC INTEREST - APN: 227-221-03 AND 22 THROUGH 24 53 92 94 117 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Item Submitted. City Council Agenda September 20, 1995 PAGE H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. o UPDATE BY MARKS CABLEVISION ON THE STATUS OF CABLE TV IN THE CITY OF RANCHO CUCAMONGA CONSIDERATION TO IMPLEMENT PHASE TWO OF THE GOVERNMENT ACCESS PROGRAM DISCUSSION OF AFFINITY CREDIT CARD FOR THE CITY LIBRARY 119 120 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 14, 1995, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. August 2, 1995 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, August 2, 1995, 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 William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney, Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Redevelopment Manager; Brad Buller, City Planner; Miki Brat't, Associate Planner; Scott Murphy, Associate Planner; Joe O'Neil, City Engineer; Barrye Hanson, Sr. Civil Engineer; Bill Makshanoff, Building Official; John Thomas, Sr. Plans Examiner/Fire; Jim Frost, City Treasurer; Deborah Clark, Library Manager; Diane O'Neal, Management Analyst II; Chief Dennis Michael and Deputy Fire Marshal Ralph Crane, Rancho Cucamonga Fire Protection District; Capt. IRon Bieberdorf, Rancho Cucamonga Police; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation to Betty McNay for Celebrating 80 years of Life and Commitment to the Community. Mayor Alexander and Don Kurth, Chamber of Commerce President, presented the proclamations to Betty McNay. B2. Presentation of the City of Rancho Cucamonga's Crime Free Multi-Housing Program. Sandy Fatland and Mike Fletcher, Rancho Cucamonga Police Department, made a presentation of the Crime Free Multi-Housing Program. Councilmember Gutierrez inquired when the program would be implemented. Mike Fletcher, Police Department, stated they are ready to implement the program now. Sandy Fatland, Police Department, stated she thought it could be implemented in about one month. Councilmember Gutierrez felt Lemon and Haven should be the first place to start. Sandy Fatland, stated this is the first area they will be starting at. She added the North Town Project will also be one of the first places to start. City Council Minutes August 2, 1995 Page 2 Councilmember Williams stated she would like an update as the program progresses. Sandy Fatland, Police Department, stated they would be happy to do this. B3. Mayor Alexander presented a Proclamation to Matthew Thunnel for receiving his Eagle Scout award. C1. C2. C. COMMUNICATIONS FROM THE PUBLIC Jim Frost also commended Betty McNay for her service to the City of Rancho Cucamonga. Frank Williams, 10356 Mahogany Court and also with the BIA, distributed pamphlets on SCAG and talked about the Regional Comprehensive Plan and Guide (RCPG). He felt SCAG was not expending money wisely with the RCPG being one example of this. He also commended the Sheriffs Department on the Crime Free Multi Housing Program. D1. D2. D3. D4. D5. D6. D. CONSENT CALENDAR Approval of Minutes: January 26, 1995 February 14, 1995 June 27, 1995 (Biane absent) July 5, 1995 Approval of Warrants, Register Nos. 7/12/95, 7/19/95 and 7/26/95 (FY 1994/95), 7/12/95, 7/19/95 and 7/26/95 (FY 1995/96); and Payroll ending 7/13/95 for the total amount of $4,420,963.47. Alcoholic Beverage Application for Off-Sale General for Ralph's, Ralph's Grocery Company, 7369 Milliken. Approval of a request by the Rancho Cucamonga Chamber of Commerce to waive City fees in conjunction with the annual Grape Harvest Festival. Approval of a resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Five-Year Capital Improvement Program and Twenty-Year Transportation Plan as required for expenditures of Measure I Funds. RESOLUTION NO. 95-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND TWENTY-YEAR TRANSPORTATION PLAN FOR THE EXPENDITURE OF MEASURE "1" FUNDS Approval of the Environmental Initial Study, Parts I and II for the proposed East Avenue Street Improvement and Rehabilitation Project from Summit Avenue to north side of the Northeast Community Park Site and Issuance of a Categorical Exemption Therefore. City Council Minutes August2,1995 Page 3 RESOLUTION NO. 95-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED EAST AVENUE STREET IMPROVEMENT AND REHABILITATION PROJECT FROM SUMMIT AVENUE TO NORTH SIDE OF THE NORTHEAST COMMUNITY PARK SITE D7. Approval to amend an Operating Agreement to extend Lender Services between Bank of America and the City of Rancho Cucamonga Home Improvement Program. D8. Approval and authorization for execution of an Escrow Agreement regarding Subdivision Bonds for Tract 13750 and Conditionally Release the Original Existing Subdivision Bonds and accept new Subdivision Bonds and Agreement. D9. Approval to accept the Improvements, Release of Bonds and File a Notice of Completion for Wardman Bullock Road Landscape and Ridgeline Place Street Improvements for Tract 13565-1 thru -4 located on 24th Street, west of Cherry Avenue. RESOLUTION NO. 95-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13565-1 THRU -4 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D10. Approval to Release Bonds and Notice of Completion for Tract 13566-1, located north of 24th Street, between Wardman Bullock Road and San Sevaine Wash. Release: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) $ 252,000.00 25,200.00 RESOLUTION NO. 95-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13566-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Gutierrez, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0 with Biane abstaining from voting on the June 27, 1995 minutes. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO TAXICAB SERVICE AND DRIVER QUALIFICATIONS Debra J. Adams, City Clerk, read the title of Ordinance No. 543. City Council Minutes August 2, 1995 Page 4 ORDINANCE NO. 543 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO TAXICAB SERVICE AND DRIVER QUALIFICATIONS MOTION: Moved by Gutierrez, seconded by Biane to waive full reading and approve Ordinance No. 543. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF SIGN ORDINANCE AMENDMENT NO. 95-01 CITY OF RANCHO CUCAMONGA - Consideration of a revision to the Sign Ordinance to allow additional wall signs for industrial uses. Staff report presented by Scott Murphy, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 544. ORDINANCE NO. 544 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Biane, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 544 for the August 16, 1995 meeting. Motion carried unanimously, 5-0. F2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL EMERGENCY MANAGEMENT AGENCY ('FEMA) REGULATIONS IN THE CITY OF RANCHO CUCAMONGA Staff report presented by Barrye Hanson, Sr. Civil Engineer. Councilmember Gutierrez inquired about areas that might flood. Barrye Hanson, Sr. Civil Engineer, stated the City does not have bad flood areas like Elsinore does, but there are some light flood areas. The Council continued by asking various questions about the Ordinance. Councilmember Biane stated he would like information on the cost impact this would have on commercial areas before a vote is taken on this. He felt this should be tabled. Barrye Hanson, Sr. Civil Engineer, informed Councilmember Biane that this only applied to residential areas, not commercial. Councilmember Gutierrez inquired what kind of relief the City would get if there was a flood. City Council Minutes August 2, 1995 Page 5 Joe O'Neil, City Engineer, stated this would affect the homeowner if the City is not participating in this program. Jack Lam, City Manager, stated if the City approves this, it will help the residents get reduced rates for flood insurance. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Frank VVilliams, BIA, stated he agreed with staffs recommendation. He felt it was prudent to approve the Ordinance. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 545. ORDINANCE NO. 545 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS MOTION: Moved by Biane, seconded by Williams to waive full reading and set second reading of Ordinance No. 545 for the August 16, 1995 meeting. Motion carried unanimously, 5-0. Councilmember Biane added he was glad this was for residential only and not commercial. F3. CONSIDERATION OF AN ORDINANCE REPEALING CERTAIN RESIDENTIAL FIRE SPRINKLER REQUIREMENTS Staff report presented by Chief Dennis Michael, Fire District. Councilmember Gutierrez asked if there had been any fatalities because of fire in the City. Chief Michael, Fire District, stated there was one in 1980. He continued to express how important he felt sprinklers were. Councilmember Curatalo stated he would like to see a chart on time of combustion. Ralph Crane, Deputy Fire Marshal, displayed a chart entitled "Time vs. Products of Combustion" and explained it. He also talked about a newspaper article and a person dying of smoke inhalation. Councilmember Curatalo clarified if it would take about nine minutes before the Fire Department could put water on a burning structure. Ralph Crane, Deputy Fire Marshal, stated yes. Councilmember Curatalo pointed out that sprinklers would help this time delay. Ralph Crane, Deputy Fire Marshal, agreed with him. John Thomas, Sr. Plans Examiner/Fire, presented information on the cost for residential fire sprinklers from various contractors. City Council Minutes August 2, 1995 Page 6 Councilmember Curatalo asked for Chief Michael°s recommendation and opinion of this matter. Chief Michael, Fire District, felt the elimination the Ordinance should not occur. He suggested the Ordinance be looked at by staff, BIA and contractors to come up with something that would be agreeable to everyone instead of repealing the Ordinance. He did not feel it was cost effective for a builder to wait until there is a homeowner to decide if they want sprinklers installed or not, that it should be done during the construction of the home, He stated he would like for staff to work with everyone to get an Ordinance agreeable to all agencies. Councilmember Curatalo asked if he felt the Ordinance should be repealed. Chief Michael, Fire District, stated no. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Frank Williams, BIA, stated he respected the Fire Chief and did not want to get into a debate about this issue. He felt the mandatory requirement should be repealed, but to also come up with incentives for the homeowner to put the residential fire sprinklers in their homes. He continued by showing a video of the City of Rialto's Council meeting when they repealed their Residential Fire Sprinkler Ordinance. Councilmember Gutierrez asked how many degrees a house would have to be to set off the sprinklers. Mayor Alexander stated about 130 degrees. John Lyons, 11984 Dorset, stated he is against repealing the Ordinance. He told about a fatal incident that had occurred many years ago and how residential fire sprinklers would have helped. John Roberrs, San Bernardino County Fire Marshal, commented on how the fire services staff is here to protect the residents of the City, and that he did not feel the Ordinance should be repealed. Bryan Burke of Central Sprinkler presented information on why he felt residential fire sprinklers were good and that he did not agree with the BIA. Jane Bradshaw, 6949 Valinda, stated she did not feel the video or the information Mr. Williams presented was very good. She did not feel the Ordinance should be repealed. William Eisley, 8448 Jennet, stated he is proud of the City and likes living here. He stated he did not agree with the BIA and hoped that the Council would not repeal the Ordinance. He did not think the cost was that significant to add to the cost of a home. Randy Sampias, fire sprinkler business, asked the Council what would it be gaining to take away the Ordinance. He felt it was to protect the people and did not think the Ordinance should be repealed. Jim Frost, City Treasurer, gave background on what the City has done to make the City a safer place. He stated he supported the Residential Fire Sprinkler Ordinance. Mike Robbins, 9920 19th Street, asked how much it would cost when there is a fire and emergency vehicles have to respond to the scene. Chief Michael, Fire District, stated a normal fire response would involve 5 pieces of equipment, plus personnel. He stated a residential fire sprinkler system would cost a lot less than having firefighters respond to a fire. There being no further response, the public hearing was closed. City Council Minutes August 2, 1995 Page 7 Councilmember Curatalo stated he would not disagree with the Chief and felt he would be compromising safety of the residents if the Ordinance was repealed. Councilmember Gutjerrez stated he agrees with many of the points brought up tonight and felt residential fire sprinklers could prevent deaths. He stated he felt cheated that his house does not have sprinklers, but that he does have a smoke detector. He stated he questions the value of residential fire sprinklers. He did think they should be mandatory in commercial buildings. He added he is not against public safety just because he is against residential fire sprinklers. He felt the cost, no matter how small, does make a difference to a home buyer. He felt the decision should be left to the home buyer and not to the City Council as to whether or not to install residential fire sprinklers. Councilmember Williams stated she has not changed her mind on this issue. She stated she does not think the Ordinance should have ever been approved. She felt the efforts should go towards the State to change the codes. She stated any builder can put in residential fire sprinklers and should offer this to the residents if they want this option. Councilmember Biane thanked the BIA for their information. He asked if the Fire Chief has residential fire sprinklers in his home. Chief Michael, Fire District, stated no. Councilmember Curatalo asked if he could get residential fire sprinklers in his home if he bought again, would he. Chief Michael, Fire District, stated yes. Mayor Alexander asked if the level of service would remain the same if the Residential Fire Sprinkler Ordinance is repealed. Chief Michael, Fire District, stated he felt this would have a negative impact on fire services. Mayor Alexander asked if the City has been overwhelmed with calls to repeal this Ordinance. Jack Lam, City Manager, stated no. Mayor Alexander felt it was odd that the City Council was considering this Ordinance when there were basically two people asking that this be repealed. He did not think the fire personnel should be stretched any thinner. He stated he does not understand how the BIA can support a measure to retrofit, but would not support keeping this Ordinance. Debra J. Adams, City Clerk, read the title of Ordinance No. 434-A. ORDINANCE NO. 434-A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 15.12.168 OF CHAPTER 15.12 OF TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY REPEALING GROUP R, DIVISION 3 RESIDENTIAL FIRE SPRINKLER REQUIREMENTS, AND MAKING OTHER FIRE SPRINKLER RELATED MODIFICATIONS THERETO MOTION: Moved by Biane, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 434-A for the August 16, 1995 meeting. Motion carried 3-2 (Alexander and Curatalo voted no). City Council Minutes August 2, 1995 Page 8 Mayor Alexander called a recess at 9:54 p.m. Councilmembers present. The meeting was called back to order at 10:09 p.m. with all G. PUBLIC HEARINGS G1. CONSIDERATION OF AMENDMENT TO UNIFORM SIGN PROGRAM NO. 35 - CAPRI PROPERTIES - Appeal of the Planning Commission's denial of a request to amend the Uniform Sign Program to allow a fourth sign color for minor tenants within an existing shopping center (Country Village), located at the northeast corner of Base Line Road and Carnelian Street - APN: 202-381-24 through 26, 28, through 33, 35, and 36. Staff report presented by Scott Murphy, Associate Planner. The City Council asked various questions of staff about the center and the Sign Ordinance. Mayor Alexander asked if this is approved, where will the number of colors end. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Susan Lemarque, management company for the center, stated they consider Subway a major tenant. She hoped the Council would help this business succeed. Charles Benedict, 8586 Laurel, Fontana, stated his position about the sign colors and how important they felt it was for the success of their building. They felt that people identified with the colors they normally have on their signs. He stated he has put the money into the sign already and paid appeal fees to get this change approved for the colors of his sign. Mayor Alexander asked if he felt they would experience a reduction in business if they don't get the colors they want. Councilmember Gutjerrez stated he felt visibility and being able to identify something by the sign is important. He felt the City was possibly not responding to help some of these types of problems in the community. He felt flexibility was in order here. Larry McNiel, Planning Commission, stated this sign is not a big problem, but that the Ordinance was developed many yeas ago so that the City does not turn into a "Holt Boulevard". He stated there are two other Subways in the City that have signs that conform to the sign code and that they are successful. He stated he did not want Rancho Cucamonga to turn into something that other communities have turned into where there is no control. There being no further response, the public hearing was closed. Councilmember Curatalo stated he agreed that Subway is a major operation and that they should be able to use their regular sign. He agreed with the appellant. James Markman, City Attorney, stated Subway is not a major tenant. Councilmember Curatalo stated he felt Subway was a national operation and supported their appeal and that they should be able to use their regular sign. Councilmember Biane stated he agreed with Larry McNiel and felt three colors was enough. City Council Minutes August 2, 1995 Page 9 Councilmember Williams felt the City should stick with their guns and not go against the sign ordinance. Councilmember Gutierrez stated he felt the Subway owner's livelihood is more important than the color of the sign. He stated he does not understand the City's attitude toward businesses. Mayor Alexander stated if our sign ordinance needs to be modified then the City should take a long hard look at it. He added he would stand behind the Planning Commission's decision. MOTION: Moved by Curatalo, seconded by Gutierrez to uphold the applicant's appeal and stick with the original colors. Motion failed 2-3 (Williams, Alexander and Biane voted no). MOTION: Moved byAlexander, seconded by Williams to uphold the Planning Commission's decision. Motion carded 3-2 (Curatalo and Gutierrez voted no). H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF WohI/RANCHO PARTNERS - A request to consider initiation of text changes to add Commercial uses and standards for Commercial uses, in conjunction with Industrial Area Specific Plan Amendment 95-02, for parcels located on the south side of Foothill Boulevard between Spruce and Elm Avenues in Subarea 7. Staff report presented by Miki Bratt, Associate Planner. Councilmember Gutierrez asked when the Land Use/Market Study would be completed. Brad Buller, City Planner, stated by the end of the year or in October or so. Councilmember Gutierrez stated he thought projects were not to be held up because of the Market Study. Brad Buller, City Planner, stated the City's study is not holding up this application. Jack Lam, City Manager, stated the issue is "does the Council want to initiate the text change" because the Planning Commission felt the Council should consider this instead of them. Councilmember Williams asked who would have to pay to get this through. Brad Buller, City Planner, stated it is a fee they would pay if this action is approved. Councilmember Williams stated she wants to make sure the City is compensated for this. Brad Buller, City Planner, stated the applicant is asking to proceed with the project and will pay a fee to do this. Councilmember Biane asked Planning Commissioner John Melcher why he wanted to delay this project until the City's Market Study is complete. He said this is contradictory to what was previously told to the Council. John Melcher, Planning Commission, stated he does not think the City should do things "piecemeal". He commented that what the City does today will stick for many years to come. He stated he does not think the City should proceed with this project until the Market Study is complete. Councilmember Gutierrez stated when this study was approved he was told it would not hold up projects. John Melcher, Planning Commission, stated he did not understand why it was so wrong to hold up on a project for awhile until the study is complete. City Council Minutes August 2, 1995 Page 10 Councilmember Gutierrez stated because the City needs new business and needs a financial base. Councilmember Curatalo stated he is getting "vibes" that there are preconceived notions as far as not expanding our commercial zones at this time. He asked if this is the case, why are we allowing the applicant to proceed with his application. Brad Buller, City Planner, stated the applicant has every right to submit this project application under the current Development Code. He stated once he has a complete application he has two options. One is to come in and simply ask for Community Commercial under the Foothill Specific Plan, take a land use zoning category and simply move it onto his property. He added staff suggested that administratively, the easiest way, if that was to be a commercial piece of property, it would make better sense to amend the Industrial Area Specific Plan text to keep it within the same context of everything else that is reviewed in that area south of Foothill. He stated rather than coming in with a zone change, Mr. Wohl came in with a text change. He stated the code differentiates the two. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Greg Wohl, Wohl Investment Company, stated he is surprised about the problems they are having. He stated they want to go ahead with their application. Councilmember Gutierrez stated he felt it was his job to give a fair handshake to people that approach him. He stated he felt every business should be treated fairly and welcomed into the City. He stated he did not want development to stop because of the Study. Councilmember Williams asked if they were on a time table. Mr. Wohl stated yes. He stated they have tenants they might lose if they can't go ahead. Councilmember Williams stated she felt they are being presumptuous in thinking they will get the text change by going ahead with getting tenants. She stated she wanted it on the record that they are in escrow with some of their tenants. She stated she felt Mr. Wohl would want to know what the Study says to see who should be going into their center. She felt Mr. Wohl was pushing the City a little bit. Mayor Alexander stated he wanted to make sure Mr. Wohl did not think the Council was giving them an endorsement either for or against their project by going along with the text change idea. Councilmember Curatalo stated he would accept staffs recommendation of the text change. Wendy Vallette, 11116 Amarillo, stated she was not sure what was being discussed. She stated what she heard Councilmember Gutierrez saying was that the General Plan is up for grabs to rezone to whoever wants to come in. Councilmember Biane stated he would answer that because he feels as strongly as Councilmember Gutierrez does. He stated it was a commitment to let the application be heard in front of the Planning CommissiOn. He stated the Planning Commission could still say no to the project, but to go ahead and hear what the developer has to say. Wendy Vallette stated she did not have a problem with that, but that she has a lot of concerns with exceptions that are being made as she previously heard tonight. She hoped that the Council would not approve spot zoning when it is looking at amending the General Plan. City Council Minutes August 2, 1995 Page 11 Andrew Hall, Manager of the Heritage Best Western Inn, located behind the proposed project of Mr. Wohl, stated he realizes that this is not an approval of the project, but did think Mr. Wohl was putting the cart before the horse. He stated he wished that Mr. Wohl had contacted him about the kind of business he has at the hotel. He stated he has had 23,000 people in the hotel since January 1995. He felt a restaurant would be a lot more beneficial there. There being no further response, the public comment section was closed. MOTION: Moved by Curatalo, seconded by Gutierrez to accept the applicant's request to initiate the text amendment application. Motion carried unanimously, 5-0. Mayor Alexander stated this is not an endorsement to approve the project. No items were submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Gutierrez asked for a staff report on public vs. private equestrian trails. James Markman, City Attorney, stated the City has litigation on this matter and felt it should be discussed in Executive Session. Councilmember Gutierrez stated there are residents that would like more information on this matter. James Markman, City Attorney, stated staff could go ahead and prepare a report. K. COMMUNICATIONS FROM THE PUBLIC K1. REQUEST BY VICTOR MUNIZ TO ADDRESS THE COUNCIL ON "CABLE COMMUNICATION SERVICES" Mr. Muniz stated Marks is not a licensed contractor by the State License Board. He stated he did not think Marks had adequate quality control. He felt an audit should take place of Marks Cablevision's work for quality assurance. He continued to complain about the job Marks has done at his home without his permission. He stated he would be sending Marks a letter suing them naming the City of Rancho Cucamonga on the complaint. He stated he is asking the City to stop Marks from doing business in the City. City Council Minutes August 2, 1995 Page 12 L. ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to adjourn. Motion carried unanimously, 5-0. adjourned at 12:10 a.m. The meeting Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: August 16, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.clular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 1.6, 1995 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 William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Willjams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Brad Buller, City Planner; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Cindy Hackett, Associate Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Susan Stark, Finance Officer; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Shirr'l Gdffin, Secretary; Chief Dennis Michael, Rancho Cucamonga Fire District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation to Dean Smothers for his many years of service to the community. Mayor Alexander presented the proclamation to Dean Smothers. Dean Smothers thanked the City for its cooperation and for their continued support towards all of the schools. B2. Jack Lam, City Manager, stated that the City has won the Government Finance Officers Association's (GFOA) award again for the 7th year in a row for financial reporting and presented it to the City Council. Mayor Alexander stated the Council is very proud of the City staff for all they do to help the residents of Rancho Cucamonga. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes August 16, 1995 Page 2 D. CONSENT CALENDAR D1. Approval of Minutes: July 19, 1995 D2. Approval of Warrants, Register Nos. 8/2/95 FY 94/95, and 8/2/95 FY 95/96; and Payroll ending 7/27/95 for the total amount of $981,043.05. D3. Approval to receive and file current Investment Schedule as of July 31,1995. D4. Approval to adopt Annual Statement of Investment Policy. D5. Approval of continuing appropriations from various funding sources for Fiscal Year 1994/95 Capital Improvement Projects which are continuing in Fiscal Year 1995/96, D6. Approval to execute an Memorandum of Understanding (CO95-049) with the Southern California Regional Rail Authority for reimbursement of funds for construction of the Metrolink Station. D7. Approval to execute contract (CO 95-050) with Lyon & Lyon to oversee City Seal Registration and other related issues. D8. Approval to Release Bonds for Tract 13359, located on the east side of Sapphire Street, between Orchard and Jennet Streets. Release: Labor and Material Bond Maintenance Guarantee Bond $83,100.00 16,620.00 D9. Approval to Release Bonds for Tract 13566-3 received from Century American Corporation, October 5, 1989, and accept Reduced Bonds form the new owner, Gentra Financial. Release: Faithful Performance Bond Labor and Material Bond $ 502,000.00 251,000.00 Accept: Faithful Performance Bond $166,146.00 Labor and Material Bond 166,146.00 MOTION: Moved by Gutierrez, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES Councilmember Curatalo asked that Item E3 be removed for a separate voice vote and possible discussion. El. CONSIDERATION OF SIGN ORDINANCE AMENDMENT NO. 95-01 CITY OF RANCHO CUCAMONGA - Consideration of a revision to the Sign Ordinance to allow additional wall signs for industrial uses. Debra J. Adams, City Clerk, read the title of Ordinance Nos. 544. City Council Minutes August 16, 1995 Page 3 ORDINANCE NO. 544 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Biane, seconded by Williams to waive full reading and approve Ordinance No. 544. Motion carried unanimously, 5-0. E2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19.12 OF THE MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PROTECTION TO COMPLY WITH THE LATEST FEDERAL EMERGENCY MANAGEMENT AGENCY ('FEMA) REGULATIONS IN THE CITY OF RANCHO CUCAMONGA Debra J. Adams, City Clerk, read the title of Ordinance No. 545. ORDINANCE NO. 545 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS MOTION: Moved by Biane, seconded by Williams to waive full reading and approve Ordinance No. 545. Motion carried unanimously, 5-0. E3. CONSIDERATION OF AN ORDINANCE REPEALING CERTAIN RESIDENTIAL FIRE SPRINKLER REQUIREMENTS Debra J. Adams, City Clerk, read the title of Ordinance No. 434-A Mayor Alexander opened the item for discussion. Addressing the City Council were: John Lyons, 11984 Dorset, stated he opposed the rescinding of the Fire Sprinkler Ordinance. He felt this would be an anti-safety action if this is repealed. Mr. Lansdale, Sapphire, stated he is against repealing the Ordinance. He stated he supported residential fire sprinklers. Frank Williams, BIA and 10356 Mahogany Court, stated he felt a home buyer should have the option of putting in residential fire sprinklers or not and that this should not be mandated on the residents. Bryan Burke, Central Sprinklers, presented information and distributed notebooks to the Council about why they should not repeal the Ordinance and why homes should have residential fire sprinklers. Herman Oslof, 14084 Hastings, felt the City should do what is good for the residents of Rancho Cucamonga and not follow what other cities do. He felt the Ordinance should not be repealed. There being no further response, public comments were closed. City Council Minutes August 16, 1995 Page 4 Councilmember Williams stated she felt this issue should be a state issue and that all the efforts for this should be directed towards changing the state codes. Councilmember Biane stated there is an article in the Los Angeles Times that indicates the stats are down on fire related deaths. He asked if Chief Michael had them in his home. Chief Michael, Fire District, stated no. Councilmember Biane did not think this should be mandated on the residents. Councilmember Curatalo stated he did not think the Council should go against Chief Michael's recommendation. He asked if the Fire Chief would put fire sprinklers in his home if he were buying a new one today. Chief Michael, Fire District, stated yes. Mayor Alexander stated if the Ordinance is repealed you will see more taxes needed to pay for manpower to fight fires. He felt it was time to get with the BIA and make the residents safer. He suggested the Ordinance be held for 60 days to work with the BIA to resolve this matter. He read a letter into the record from former Mayor Dennis L. Stout, currently the District Attorney, which is on file in the City Clerk's office. Councilmember Gutierrez stated there is no evidence to show him that residential fire sprinklers are beneficial. He stated he wanted to have the choice to put in sprinklers or not. He stated he could not vote on this when he does not believe in it. ORDINANCE NO. 434-A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 15.12.168 OF CHAPTER 15.12 OF TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY REPEALING GROUP R, DIVISION 3 RESIDENTIAL FIRE SPRINKLER REQUIREMENTS, AND MAKING OTHER FIRE SPRINKLER RELATED MODIFICATIONS THERETO MOTION: Moved by Biane, seconded by Williams to waive full reading and approve Ordinance No. 434-A. Motion carried 3-2 (Alexander and Curatalo voted no). F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 95-01 AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-03 - CITY OF RANCHO CUCAMONGA - Consideration of adding Chapter 9.28 of the Rancho Cucamonga Municipal Code establishing definitions and regulations pertaining to convenience stores; and related amendments to the Development Code and the Industrial Area Specific Plan, establishing a l-foot candle minimum lighting standard for commercial/industrial development. Staff report presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 546, 547 and 548. City Council Minutes August 16, 1995 Page 5 ORDINANCE NO. 546 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT NO. 95-01, AMENDING THE DEVELOPMENT CODE, CHAPTER 17.12 PARKING REGULATIONS ORDINANCE NO. 547 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 95-03, AMENDING PART III, SUBSECTION IV DEVELOPMENT STANDARDS ORDINANCE NO. 548 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.28 TO THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING DEFINITIONS AND REGULATIONS PERTAINING TO CONVENIENCE FOOD STORES MOTION: Moved by Gutierrez, seconded by Curatalo to waive full reading and set second reading of Ordinance Nos. 546, 547 and 548 for September 6, 1995. Motion carried unanimously 5-0. F2. CONSIDERATION OF SIGN ORDINANCE AMENDMENT 95-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Sign Ordinance to allow signs for service club organizations. Staff report presented by Brad Buller, City Planner. Councilmember Gutierrez stated he appreciated this effort to help the service clubs. Councilmember Williams agreed and stated she appreciated what the service clubs do for the community. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 549 ORDINANCE NO. 549 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 95- 02, AMENDING TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading for September 6, 1995. Motion carried 4-0-1 (Curatalo had left room for vote). G. PUBLIC HEARINGS No items were submitted. City Council Minutes August 16, 1995 Page 6 H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF THE NORTHEAST PARK CONCEPTUAL PLAN Staff report presented by Cindy Hackerr, Associate Engineer. Bob Mueting, architect, presented slides of the proposed park. Councilmember Gulierrez felt this was a good idea to get the community involved in this process and thought it was a good idea to have a park in the North Etiwanda area for those residents. MOTION: Moved by Curatalo, seconded by Biane to approve the conceptual plan. Motion carried unanimously, 5-0. Items 13 and 12 were heard at this time but the minutes will remain in agenda order H2. CONSIDERATION OF DESIGNATING A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING Staff report presented by Jack Lam, City Manager. MOTION: Moved by Gutierrez, seconded by Biane to designate Alexander as the voting member with Curatalo being designated as the alternate voting member. Motion carried unanimously, 5-0. H3. CONSIDERATION TO APPROVE BOOKING FEE AGREEMENT (CO95-051) WITH COUNTY OF SAN BERNARDINO Staff report presented by Jack Lam, City Manager. Councilmember Biane asked what is being done for cost recovery for these fees. Jack Lain, City Manager, stated a contract is being completed now to address this matter and will be returned to the Council when it is ready. He stated every effort will be made to do this with all the cities joined together for this effort. MOTION: Moved by Williams, seconded by Gutierrez to approve CO 95-051. Motion carried unanimously, 5-0. H4. CONSIDERATION TO APPROVE SHERIFF CONTRACT SCHEDULE A (CO94-017) AND CONTRACT ADDENDUM Staff report presented by Jack Lam, City Manager, who mentioned the 6% overhead charge that had been brought up some time ago. He stated the City negotiated with the County and that the County agreed there would be no overhead charge this year, but that it is subject to negotiation later. He suggested the Council approve the addendure tonight. MOTION: Moved by Curatalo, seconded by Biane to approve the addendum to CO 94-017. Motion carried unanimously, 5-0. City Council Minutes August 16, 1995 Page 7 I. COUNCIL BUSINESS I1. UPDATE BY MARKS CABLE VISION ON STATUS OF CABLE T.V. (Oral Report) Sean Hogue, General Manager for Marks Cablevision, stated the PEG Channel is up and running and that they have received positive response from the public. He commended Susan Mickey for her hard work in this project. He stated they are moving some of the channels around for better organization. He reported on the complaint summary form. He stated staff has reviewed this and agrees with it. John Morgan, 9207 Hidden Farm Road, reported that the billing error he had experienced has been resolved and that his latest bill is correct. He stated he has not had any cable problems. He stated they still have to pay for many channels that they do not use and did not feel they should have to pay for them. Tim Kelly, Marks Cablevision, answered Mr. Morgan's question stating it is done this way for business reasons. He stated he did not know how it would be set up next year, but would consider Mr. Morgan°s concern. 12. CONSIDERATION OF ROUTE 30 TASK FORCE RECOMMENDATION FOR ACCEPTANCE OF AN AT GRADE/DEPRESSED PROFILE FOR THE PROPOSED ROUTE 30 FREEWAY Staff report presented by Joe O'Neil, City Engineer. Gary Cohoe, Caltrans, gave a brief description of the design of the freeway. Gary Moon, SANBAG, stated they have worked together with everyone to address the concerns of the residents and have a plan he hoped everyone would be happy with. He stated both SANBAG and Caltrans support the principal recommendations regarding the freeway main line vertical profile, and encouraged the Council to approve these recommendations. He stated this endorsement of the Ad Hoc Committee's recommendation does not extend, however, for the proposal for the Sapphire crossing. He stated this proposal alone will add $17,000,000 to the total project cost for the City of Rancho Cucamonga. He stated they believe the proposal deserves further consideration from both a cost and design standpoint. He stated an option is under development which has not been previously reviewed and that there might be others that are not yet identified. He felt this new proposal should be given further consideration so that everyone can be assured that this or any other option that is finally adopted truly meets the needs of everyone. He asked that the Council delay a decision on this podion of the proposal, the Sapphire crossing portion, in order to allow time to consider this in more detail. Mayor Alexander asked when is an actual action by the Council necessary on the profile of the freeway to coincide with the needs of putting together the whole package. He stated he hated to split this action up and leave the impression that the Council is in favor of SANBAG's new proposed changes. Gary Moon, SANBAG, stated they have already operationalized the recommendations of the Ad Hoc Committee relative to the general profile throughout the community. He stated on the segment extending from Haven Avenue eastward, they are already assuming that portion of the Ad Hoc Committee's recommendation will be approved and will be the actual design so they are proceeding with the final design activity. He stated a final decision by the Council is necessary relative to the entire remaining design issues which the Council may have optimistically around March, April or May when they have the final environmental impact statement, at which point they will be able begin acquiring right-of-way. He stated deferring action from Haven west will not slow them down or impact them in anyway. He stated their only concern would be that they arrive at a final and mutual decision on what City Council Minutes August 16, 1995 Page 8 the freeway is going to look like in all regards, including frontage roads, local access and interchange locations, etc. that might hold up the Council's decision to move forward with the freeway agreement with Caltrans, which is the key trigger to proceed with implementing the freeway. Councilmember Williams asked when is the last time that line items on the budget were really looked at regarding mitigating measures being taken, different things that are happening, to see if possibly some of the priorities have changed. She thought prices for different things may have changed and that maybe some of the money could be reallocated to other areas such as the Sapphire portion if this is the priority at this time. Gary Moon, SANBAG, stated what she is describing is a continuous process. He stated they are constantly re-evaluating their forecast of revenues and constantly trying to refine their estimate of costs. He stated they are constantly re-evaluating the basic construction sequencing plan which is the shifting of priorities Councilmember Williams was talking about. He stated this is a constant ongoing activity that they are engaged in. Councilmember Williams stated there are budgeted mitigation measures and other budgeted items, and asked if each of those budgets has been re-evaluated. Gary Moon, SANBAG, stated no, those will not be changed. Councilmember Biane asked if the Task Force was aware of the changes Mr. Moon was proposing for Sapphire. Mr. Moon stated no, but that he was not ready to discuss any thing at this time. Councilmember Curatalo asked if Mr. Moon had expressed his concerns for Sapphire during the Committee meetings. Mr. Moon stated yes that they were aware of his concerns, and that he is asking for a little more time on this portion of the freeway. He felt it would be a good idea for the Task Force to review the Sapphire area again and to reconsider this portion. He stated they are happy with everything else, but would appreciate a hold on the Sapphire portion so the Task Force could reconsider his new proposal. Mayor Alexander stated Rancho Cucamonga is not trying to build a "Taj Mahal". He felt it was a good idea to at least listen to Mr. Moon's proposal. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Karen Schmauss, 6290 Morning Place, stated Mr. Moon has stated that Rancho Cucamonga is holding up things and that now he is wanting to present a new plan for Sapphire. She stated she did not agree with the newspaper article and that the Task Force represents the whole community. She did not think it was good to hold up the vote tonight. Gary Christian, Upland resident and Rancho Cucamonga Chamber member, stated he was opposed to the Task Force's vote on the freeway design because of the additional $17,000,000 it would cost to do what the Task Force wanted. He stated he would like to see the other options for Sapphire. Mr. Lansdale, Sapphire, felt they should get on with the freeway and thought they should go over Sapphire. Deon Royce, 6644 Sapphire, stated they can't do anything to their homes because of waiting to see what is going to happen with the freeway near his street. City Council Minutes August16,1995 Page 9 Robert Coberly, 8066 Thoroughbred, felt Rancho Cucamonga is the shining star in the area and should not settle for anything but the best. He did not think money should be a problem for something for the future. Donald Martin, Chaparral Heights, stated he was concerned about the noise the freeway would create. He felt it should go underground to stop the noise, He stated he is concerned about the freeway going overhead and earthquakes. Ray Kinochio, Finch Ave., stated the depressed proposal as presented is what they want and felt the Council should go forward with this. Frank Munoz, 6621 Kern, felt this was a historical night. He felt quality was very important. He felt the Council should vote for the recommendation of the Task Force. Ed Petrie, 8250 Highland, asked that the Council vote on the total freeway and not do it by segments. He also felt the Task Force should listen to Mr. Moon's proposal. Don Donnelly, Transportation Committee of CLOUT, felt the Council should go with SANBAG's recommendation and listen to what they have to say in order to reach a compromise on this issue. Bryan Mulligan, 5709 Turquoise, felt the Council should go ahead and vote for the Task Force's recommendation in its entirety. AI Hudgens, Caltrans, asked that the Council not vote tonight on the Sapphire portion as was recommended by the Task Force. Councilmember Gutierrez stated he is very skeptical about waiting to hear what SANBAG wants to propose. Mayor Alexander asked Mr. Hudgens how long it would take for a presentation to be prepared for their proposal. Mr. Hudgens stated it could be done at the September Task Force meeting. Councilmember Williams felt it would only be fair to present the proposal to the whole Task Force instead of doing it tonight. Mr. Hudgens stated he felt SANBAG and Caltrans have always tried to be professional and fair. A Task Force Member from the audience asked if the Council couldn't go ahead and vote on the matter tonight and then possibly modify it if the Task Force liked SANBAG's idea. Donald Martin stated he was concerned about the people that might lose their homes because of the fleeway. Sally Jenkins, 9171 Lorena Court, stated she was outraged by the comments made by the Upland Mayor. She stated she is proud of the City Council and glad they are really concerned about what the community wants. Dods Beckner, Task Force Member, stated there is a safety factor in the Sapphire area. She felt Mayor Nolan should consider the whole freeway. City Council Minutes August 16, 1995 Page 10 Gayle Hinazumi, C-Car and Task Force Member, stated she is only concerned about what happens in Rancho Cucamonga. She stated she is not just voting for herself, but this was something the whole group decided on. She added she did not want to wait to hear the new proposal by SANBAG. There being no further response, the public comments were closed. Councilmember Curatalo stated at this time he is prepared to vote on the Task Force°s recommendation tonight. Councilmember Biane thanked the members of the Task Force and also SAN BAG and Caltrans. He felt the Council should vote on the proposal tonight. Councilmember Gutjerrez stated he is ready to vote tonight and that he would reconsider something later if the Task Force wants to. Councilmember Williams stated this is a recommendation to the City Council by the Task Force that the Council would be voting on. She felt the City Council has responsibility to the taxpayers also and felt she would like to hear what SANBAG and Caltrans has to say about their new proposal. She stated she wants another meeting of the Task Force to hear the new proposal. She felt the budget line by line should be looked at also. She stated this is an ongoing process. Mayor Alexander stated he agreed with Councilmember Williams and felt the Task Force should listen to the new proposal. MOTION: Moved by Curatalo, seconded by Biane to accept the Task Force's recommendation. Motion carried unanimously 5-0. Mayor Alexander called a recess at 10:20 p.m. The meeting was called back to order at 10:40 p.m. with all Councilmembers present. 13. CONSIDERATION TO ADOPT A RESOLUTION OPPOSING THE 1996 MOBILE HOME INITIATIVE Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Gutierrez stated he opposed the initiative and felt the Council should be involved in the decision making process for this matter. Councilmember Biane stated he felt the Accord was important to the residents of the City and felt the City should reject the measure for the ballot. Councilmember Willlares wondered how this ever got approved to go on the ballot and felt possibly it might have been the "tricky" wording. She felt the City needed to ban together with the community to fight this initiative. Councilmember Curatalo stated he agreed with Councilmember Williams. He felt this should be the first step and for the residents to be proactive and do something about this. Mayor Alexander opened the matter up for public input. Addressing the City Council were: City Council Minutes August 16, 1995 Page 11 Donald Martin, Chaparral Mobile Home Park, stated he could not afford rent increases because he is on a fixed income. Dee Murray had a copy of the actual petition that was circulated and pointed out the fine print on it. She suggested that there be meetings with the Council and the mobile home people so that they can hear what is really going on with this. Jack Williams, Ramona Villa, commended the Council for opposing the initiative and stated he felt it wasn't fair. He asked that this be forwarded to the appropriate legislators. Don Hardy, Alta Laguna, asked that the Council support the opposition of the initiative. Richard Gibson, Pines Mobile Home Park, asked that the City inspect his clubhouse because of the poor condition it is in. Don Davis, Pines Mobile Home Park, asked that the Council, on a monthly basis, write a letter to the mobile home park residents so that they will know what is going on with this and what the Council thinks about it. Donald Marljn, Chaparral Mobile Home Park, stated he did not think it was fair for the owners to raise rents and not make improvements at the parks. He asked that the Council represent the mobile home own e FS. Mayor Alexander stated he felt some of the owners were taking advantage of the Accord and that this should be looked at. Mr. Miller, Chaparral Heights, did not feel the City was doing much to help the mobile home residents with rent control. He felt what was being proposed tonight would help them. He felt that only mobile home residents should be able to vote on the initiative instead of all residents. DonDonnelly thought this was a good first step to approve the proposed Resolution. He thanked the Council for their leadership. RESOLUTION NO. 95-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE 1996 MOBILE HOME INITIATIVE MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 95-121 and that the Resolution be sent to the local and state Chamber office and also all mobile home park owners. Motion carried unanimously, 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes Augu~ 16,1995 Page12 L. ADJOURNMENT MOTION: Moved by Gutjerrez, seconded by Biane to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 11:10 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: · · I · · · I I I I I I I I I I I I I \ .(I.-. I 43, · · I~1 I~1 I:~1 I I · l I I I I I I I1-1 I,.,~1 Ilu. Jg I I(I ,...) * tl. .r Z 0 Z I-- Z ZZ Z 0 Ix I'- G, )- .( Z r · .,I ~" V,. · I.,,I I,-- I.-I-, ca ! 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ASH AVERAGE ---YIELD TO MATUPjTY--- PERCE1FrOF AVERAGE DAYS TO 360 365 INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY EQUIVALENT EQUIVxLF3~r Certificates of Deposit - Bank ............... $ Local Agency Investment Funds ................ $ Federal Agency Issues - Coupon ............... $ Treasury Securities - Coupon ................. $ Mortgage Backed Securities ................... $ Small Bus. Adm/Riscellaneous Agency .......... $ 12,806,789.82 26.16 497 370 6.246 6.332 7,957,955.20 16.26 1 1 5.915 5.997 26,450,915.63 54.04 1,117 923 7.065 7.164 272,845.00 0.56 1,180 730 6.569 6.660 356,297.23 0.73 6,412 3,436 8.927 9.051 1,101,562.50 2.25 9,131 5,806 8.184 8.298 TOTAL INVESTMEIFrS and AVERAGES ............. $ 48,946,365.38 100.00% 992 756 6.700~ 6.793~ CASH Passbook/Checking Accounts ................... $ 2,341,892.26 1.973 2.000 (not included in yield calculations) Accrued Interest at l~urchase ................. $ 23,407.80 TOTAL C~SH and PURCHASE INTEREST ............. $ 2,365,300.06 TOTAL CASH and INVESTMENTS ................. $ 51,311,665.44 ~ONTM ENDING FISCAL TOTAL EAPJ{INGS AUGUST 31 YEAR TO DATE C~lrrent Year $ 288,263.54 $ 584,517.10 AVERAGE DAILY BALANCE EFFECTIVE RATE OF RETURN $ 53,119,810.06 $ 53,896,983.57 6.39~ 6.38% JAMES C. DATE I certify that this report accurately reflects all agency pooled investments and is in comformity with the investment policy adopted August 16, 1995. A copy of this investmemt policy is available in the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to meet next month's estimated expenditures. /<D o9/13/1995 CITY OF RANCHO CUCAMONGA INVESTMENT POET~LIO DETAILS - INVESTMENTS AUGUST 31, 1995 CITY CASH INVESTMENT AVERAGE PURCHASE STATED ---YTM--- MATURITY DAYS NONBER ISSUER BALANCE DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT CERTIFICATES OF DEPOSIT - BANK 00937 FOOTHILL INDEP BANK 04/06/95 2,000,000.00 2,000,000.00 00918 GREAT WESTERN 11/15/94 .500,000.00 500,000.00 00927 GREAT WESTERN 01/25/95 .500,000.00 500,000.00 00930 GREAT WESTERN 02/15/95 500,000,00 500,000.00 00931 GREAT WESTERN 03/01/95 500,000.00 500,000.00 00936 GREAT WESTERN 03/29/95 500,000.00 500,000.00 00951 GREAT WESTERN 06/07/95 1,791,789.82 1,791,789.82 00955 GREAT WESTERN 08/21/95 1,500,000.00 1,500,000.00 00924 SANidA 12/28/94 1,000,000.00 1,000,000.00 00933 SANWA 02/23/95 500,000.00 500,000.00 00945 SANidA 05/02/95 2,000,000.00 2,000,000.00 00954 SANWA 07/31/95 1,515,000.00 1,515,000.00 SUBTOTALS and AVERAGES 13,645,499.50 2,000,000.00 500.000.00 500.000.00 500.000.00 500.000.00 500 000.00 1,791 789.82 1,500.000.00 1,000 000.00 2,000,000.00 1,515,000.00 12,806,789.82 12,806,789.82 12,806,789.82 6.950 6.950 7.047 04/09/97 586 6.000 6.000 6.083 11/27/95 87 6.900 6.900 6.996 01/25/96 146 6.900 6.900 6.996 08/16/96 350 6.250 6.250 6.337 03/04/96 185 5.800 5.800 5.881 09/25/95 24 5.500 5.500 5.576 11/30/95 90 5.650 5.650 5.728 08/21/96 355 7.250 7.250 7.351 12/27/96 483 6.920 6.920 7.016 02/24/97 542 6.410 6.410 6.499 05/02/97 609 5.480 5.480 5.556 07/30/96 333 6.246 6.332 370 LOCAL AGENCY INVESTMENT FUNDS 00005 LOCAL AGENCY INVST FUND 00804 LOCAL AGENCY INVST FUND SUBTOTALS arid AVERAGES 10,026,342.30 6,844,955.20 6,844,955.20 6,844,955.20 5.997 5.915 5.997 1,113,000.00 1,113,000.00 1,113,000.00 5.997 5.915 5.997 7,957,955.20 7,957,955.20 7,957,955.20 5.915 5.997 1 1 FEDERAL AGENCY ISSUES - COUPON 00895 FEDERAL FARM CREDIT BANKS 04/29/94 00897 FEDERAL FARN CREDIT BANKS 05/05/94 00922 FEDERAL US LOAN BANK 12/19/94 00925 FEDERAL HONE LOAN BANI~ 12/28/94 00939 FEDERAL HONE LOAN BANK 04/06/95 00940 FEDERAL HONE LOAN BANK 04/06/95 00943 FEDERAL HOME LOAN BANK 04/26/95 00952 FEDERAL HONE LOAN BANK 06/08/95 00956 FEDERAL ~ LOAN B~dIK 08/23/95 00938 00949 00921 00926 00935 00947 SUBTOtALS FEDERAL HONE LOAN MORT<;. CO 04/06/95 FEDERAL HOME LOAN MOETG. CO 05/16/95 FEDERAL NATL NTG ASSN 12/21/94 FEDERAL NATL WI'G ASSN 12/29/94 FEDERAL NATL MTG ASSN 03/22/95 FEDERAL NATL MTG ASSN 05/08/95 and AVERAGES 25,031,560.79 2,000,000.00 2,000,000.00 2,000,000.00 5.850 5.770 5.850 1,996,250.00 2,000,000.00 1,996,250.00 5.850 5.869 5.951 1,000,00).00 1,000,000.00 1,000,000.00 8.030 8.030 8.142 1,065,134.38 1,090,000.00 1,065,134.38 6.360 7.789 7.898 965,156.25 1,000,000.00 965,156.25 4.570 6.638 6.730 942,968.75 1,000,000.00 942,968.75 5.240 7.030 7.127 2,000,000.00 2,000,000.00 2,000,000.00 8.045 8.045 8.157 5,000,000.00 5,000,000.00 5,000,000.00 6.830 6.830 6.925 2,000,000.00 2,000,000.00 2,000,000.00 7.140 7.140 7.239 1,002,031.25 1,000,000.00 1,002,031.25 7.420 7.226 7.326 2,500,000.00 2,DO0,O00.O0 2,500,000.00 7.050 7.050 7.148 1,981,250.00 2,000,000.00 1,981,250.00 7.050 7.564 7.669 1,998,125.00 2,000,000.00 1,998,125.00 7.700 7.752 7.859 500,000.00 500,000.00 500,000.00 7.010 7.010 7.107 1,500,000.00 1,5(N),000.00 1,5(M),000.00 7.270 7.270 7.371 26,450,915.63 26,450,915.63 26,590,000.00 7.065 7.164 04/29/96 04/29/96 12/19/97 09/19/96 12/30/96 11/30/98 04/26/00 o6/08/98 08/23/00 09/23/99 o5/15/98 10/10/96 12/10/96 03/21/97 05/08/o0 241 241 840 384 486 1,186 1,699 1,011 1,818 1,483 987 405 466 567 1,711 923 /1 09/13/1995 CITY OF RANCBO CUCA]4ONGA INVESTNENT PORTFOLIO DETAILS - INVESTMENTS AUGUST 31, 1995 CITY INVES~ENT AVERAGE PURCHASE STATED --- YTN --- MATURITY DAYS NUMBER ISSUER BALANCE DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT TREAS~Y SEOJRITIE3 - COOPON 00903 TREASURY NOTE AVERAGES 06/08/94 272,845.00 277,000.00 272,845.00 6.141 6.569 6.660 08/31/97 730 272,845.00 MORTGAGE RACKEDSECURITIES 00071 FEDERAL HOME LOAN BANK 02/23/87 00203 FEDERAL NATL MTG ASSN 09/21/87 00002 GOVERNRENT NATIONAL MORTG A 07/01/87 00069 GOVERNRENT NATIONAL MORTG A 07/01/87 SUBTOTALS and AVERAGES 359,881.91 SMALL BUS. ADM/MISCELLANEOUS AGENCY 00004 SMALL BUSINESS AI)NIN 07/25/86 AVERAGES 2,456,401.21 65,942.12 67,699.29 442,907.10 8.000 137,957.21 149,344.75 612,753.80 8.500 126,932.71 128,702.37 663,389.28 8.500 25,465.19 24,963.00 84,710.58 9.000 356,297.23 1,803,760.76 370,709.41 8.336 8.452 01/01/02 2,314 9.557 9.689 09/01/10 5,479 8.631 8.751 05/15/01 2,083 8.515 8.634 03/15/01 2,022 8.927 9.051 3,436 1,101,562.50 1,000,000.00 1,065,142.39 9.125 8.184 8.298 07/25/11 5,806 TOTAL INVESTMENTS and AVG. $ 48,946,365.38 50,357,408.80 51,792,530.70 49,002,454.43 6.700% 6.793% 756 09/13/1995 CITY OF RANCHO CUCJd4ONGA INVESTMENT PO~FOLIO DUAI~ - CASH AUGUST 31, 1995 CITY CASH IFCESTMENT AVERAGE PUR~E STATED ---~--- MATURITY DAYS NUMBER ISSUER ~LAI~2E DATE BOOK VALUE FACE VALUE MAIU(ET VALUE RATE 360 365 DATE TO BT CHECKI~/SAVINGS AC~20~IF~S 00180 B~J{K OF AMERICA AVERAGES 1,327,279.36 2,341,892.26 2.000 1.973 2.000 Accrued Interest at Purchase 23,407.80 TOTAL C~H TOTAL CASH and INVES~E}P~S $ 53,119,810.06 51,311,665.44 09/13/1995 CITY OF RA/~3HOCUCAMONGA PORTFOLIO MASTER INVESTMENT ACTIVITY BY TYPE AUGUST 1, 1995 - AUGUST 31, 1995 CITY CASH STATED TRANSACTION PURCHASES SALES/MATURITIES TYPE INVESTMENT { ISSUER RATE DATE OR DEPOSITS OR WITHDRAWALS BALANCE CERTIFICATES OF DEPOSIT - BANK BEGINNING BALANCE: 00898 GREAT WESTERN 4.600 08/14/1995 2,000,000.00 00932 GREAT WESTERN 6.750 08/21/1995 1,500,000.00 00955 GREAT WESTERN 5.650 08/21/1995 1,500,000.00 SUBTOTALS and ENDING BALANCE 1,500,000.00 14,806,789.82 3,500,000.00 12,806,789.82 LOCAL AGENCY INVESTMENT FUNDS (Monthly Summary) 00005 LOCAL AGENCY INVST FUND 5.997 00804 LOCAL AGENCY INVST FUND 5.997 SUBTOTALS and ENDING BALANCE 4,805,000.00 BEGINNING BALANCE: 5,000,000.00 8,152,955.20 4,805,000.00 5,000,000.00 7,957,955.20 CHECKING/SAVINGS ACCOUNTS (Monthly Summary) 00180 BANK OF MICA BEGINNING BALANCE: 3,491,000.00 2,615,000.00 1,465,892.26 2,341,892.26 FEDERAL AGENCY ISSUES - COUPON 00956 FEDERAL HOME LOAN BANK 7.140 BEGINNING BALANCE: 08/23/1995 2,000,000.00 24,450,915.63 26,450,915.63 TREASURY SECURITIES - COUPON BEGINNING BALANCE: 272,845.00 272,845.00 MORTGAGE BACKED SECURITIES 00071 FEDERAL HOME LOAN BANK 8.000 00203 FEDERAL NATL MTG ASSN 8.500 00002 GOVERNMENT NATIONAL MORTG ASSN 8.500 00069 GOVEM NATIONAL MORTG ASSN 9.000 SUlYI~)TALS and ENDING BALANCE BEGINNING BALANCE: 08/15/95 856.58 08/25/95 3,370.77 08/16/95 1,174.02 08/03/95 312.04 362,010.64 0.00 5,713.41 356,297.23 SMALL MS. ADM~I~ELLANEOUS AGENCY ~950 FEDERAL HOME LOANBANK ~OTALS BEGINNING BALANCE:$ BEGINNING BALANCE: 4,101,562.50 6.400 08/15/1995 3,000,000.00 1,101,562.50 53,612,971.05 11,796,000.00 14,120,713.41 51,288,257.64 CAI, EtrOINIA APPLICATION FOR ALCOHOL BEVERAGE TO: Department of Alcoholic Beverage Control 4505 Allstate Drive, Suite 102 Riverside, CA 92501 (909) 782-4400 DISTIHCr SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? Mailing Address: (If different from premise address) If premise licensed: Type of license Transferor's names/license: RECEIVED ., I'Y OF R~NCHO JUN 2 0 1995 File Number ............ 309613 Receipt Number ......... 1040118 Geographical Code ........ 3615 Copies Mailed Date 6-16--95 Issued Date RIVERSIDE 8809 N GROVE AVE RANCHO CUCAMONGA CA 91730 SAN BERNARDINO 8799 GROVE AVE RANCHO CUCAMONGA CA 91730 SKOVGAARD JAMES R 63961 License TYpe Transaction TVDe Fee TVDe ~ter DUD Date Fee 1.20 OFF-SALE BEER AND PERSON TO PERSON TRANS NA YES 0 JUN 16,1995 $50.00 2.20 OFF-SALE BEER AND ANNUAL FEE NA YES 0 JUN 16,1995 $34.00 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 JUN 16,1995 $78.00 TOTAL $162.00 Have you ever violated any provisions of the Alcoholic Beverage Control Control Act, or regulations of the department pertaining to the Act? NO Have you ever been convicted of a felony? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a license, e, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date JUN 16,1995 Under penalty,of perjury, each person whose signature appears below, cerd~es and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that be has read the foregoing and knows the contents thereof and that each of the above statements therein made are ~ue; (3) flint no person other than the appUcant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the lic~s~(s) for which this application is rnad~; (4) that the u'ansfer application or proposal u'ansfer is not made to satisfy the payment of a loan or to fulfill an ag~ement entered into mo~ than nine (90) days preceding the day on which th~ transfer application is filled with the Department or to gain or eslablish a preferenc~ to or for any creditor or waifs'or or to deTntud or injure any ,:r-ditor of Iransferof; (5) that the transfer application may be withdrawn by either ~he applicant or the licen~e~ with no resulting liability u~ the DepatlmenL Applicant Name(s) Applicant Signature(s) leATEL GIRIS. NARANBHAI ~ ~~ IPATEL NITAL GIRISH Lr~o,~-~,J~;_ ! I : 0 0 0 c~ U. 0 0 - /(~ DATE: CITY OF RANCHO CUCAMONGA :: STAFF REPORT :: September 20, 1995 TO: Mayor and Members of the Rancho Cucamonga City Council Jack Lam, AICP, City Manager FROM: Deborah Kaye Clark, Library Manager SUBJECT: ACCEPTANCE OF LITERACY GRANT IN THE SUM OF $84,370 FOR FY 1995/96 RECOMMENDATION Approve acceptance of and allocate to the Rancho Cucamonga Public Library the sum of $84,370 awarded by the Califomia Library Literacy Service program for the provision of adult literacy services and, subject to City Attorney review, approve contract agreement with the City of Upland for the services of Lori Hopkins to provide coordinating skills for the joint Rancho Cucamonga/Upland literacy program. BACKGROUND/ANALYSIS California Library Literacy Services Program: The California Library Literacy Services program makes funds available for public libraries to provide literacy services to adults in their service region. The funds are available, on application, for a five year period, in the following manner: Year 1: 75% (grant starts in October of fiscal year) Year 2 & 3: 100% Year 4: 75% Year 5: 50% For each year after year five, the libraries may apply for additional grant assistance. Description of the Rancho Cucamonga Literacy Program: The Rancho Cucamonga Public Library program will provide literacy instruction for adults challenged in reading, writing and basic math skills. The library program will be a grass roots effort designed to excite the community about literacy. We will promote the one-on-one concept of literacy instruction, emphasizing tutor involvement with the student. The Library, as opposed to a school environment, will emphasize personal training and personal commitment as major components of the program. The Rancho Cucamonga Public Library project will be working closely with the Upland Literacy Program, now in operation for 6 years. The two projects will generate a symbiotic relationship, with each gaining energy from the other program. The new Rancho program is designed to infuse new excitement, a larger territory, a greater population to draw upon. The established Upland Literacy program will provide a base of knowledge and experience from which to draw, an understanding of the polices and paperwork procedures of the grant process and an overall ability to promote literacy as a concept through major media in the broader Inland Empire community. The Rancho Cucamonga Public Library Literacy Application: In June of 1995, at their regular meeting, the Library Board unanimously approved a literacy grant proposal (Attachment A) that contained the following elements: 1) The proposal is a cooperative venture with the City of Upland to provide a program where future expenses can be shared by the two jurisdictions. 2) The proposal will guarantee continuation of the literacy services currently provided by Upland and guarantee the continuation of the high quality of the program through contracting with the City of Upland to hire existing Literacy Coordinator, Lori Hopkins to coordinate the joint program. 3) The lead agency in the proposal is the City of Rancho Cucamonga. Therefore all grant funded employees shall be located at the Rancho Cucamonga Public Library and all funding awarded to the City of Rancho Cucamonga. 4) Funding for the following positions a. Literacy Coordinator (filled by Lori Hopkins) b. Clerk (full time position to be recruited by the City of Rancho Cucamonga) 5) The proposal also includes special one-time funding for literacy training materials, high interest-low vocabulary readers, video taping equipment and various items of office supply. Recommendation to accept funds: On August 14, 1995, Library Administration received a letter of award for the sum of $84,370, the maximum award which can be received in year one. (Attachment B) Since the grant carries no stipulation or requirement on the part of Rancho Cucamonga to continue the program in the absence of State funding should economic downturn or other factors cause funds to be diverted from the literacy program in years 2-5, the Library Board and Library Administration strongly urge acceptance of the grant funding to provide literacy services through the Rancho Cucamonga Public Library literacy coalition with the City of Upland, and allocation of the funds to the ropriate library account. Attachment A APPLICATION FOR FUNDING: 1995/96 California Library Literacy Service Grant Applicant: Rancho Cucamonga Public Library 1. Library Name: 2, Address: CLSA California Library Literacy Service AP!'!.!CATION ABSTRACT Rancho Cucamonga Public Library 7368 Archibald Avenue Rancho Cucamonga CA 91730 3. Contact Person: Deborah Kaye Clark 4. Telephone No.(909) 948-9900 Extension 5020 Electoral District(s): Assembly: 63 r d State Senate: 31st 6. # of FTE in literacy program: 2 Principal Outcomes: a) Number of adult learners to be served b) Number of tutors to be trained c) Number of library branches to be included Goals 100 60 2 8. Proposed Program Operating Budget: CLSA Request: S 109,480 Other Revenues: S 5,000 TOTAL S 114.480 I hereby ~~funds under Chapter 4 Article 4.2, of the Education Code: 10. Date: 5/5/95 FM-46APP.PGI Rev 1/95 CLSA46APP PLAN OF SERVICE NARRATIVE Type or print the answer to each question. Use as many pages as necessary to be concise but thorough. 1. Describe the general characteristics of the population within your library jurisdiction in relation to the literacy services you plan to offer. What are the key demographic factors (e.g., age, gender, ethnicity, socio-economic and educational levels)? How do these characteristics vary in different neighborhoods or communities within your library jurisdiction? NVhat is your estimate of the size of the adult population needing literacy services in your jurisdiction? DESCRIPTION: Rancho Cucamonga is a "new" city of 115,000 population, located in 29 square miles of San Bernardino County. The City was created in 1980 by the joining of three old, established communities of diverse makeup: Alta Loma, Cucamonga and Ettiwanda. There are 69,264 residents over the age of 18, according to the 1990 census. EDUCATION: In terms of education, 10,714 or 15% of the adult community, failed to graduate from High School. On the opposite end of the scale, 29% of the population have college degrees. ECONOMICS: 5.5% of the population, or 5,500 individuals are "below poverty." in terms of income. Most of these individuals reside in the Cucamonga portion of the City, with some spill- over into the "countrifled" Ettiwanda area. Alta Loma, bordering on the edges of the city of Upland, represents the highest economic income and education levels within the city. ETHNICITY/PLACE OF BIRTH: Our ethnic breakdown is as follows: White: 79% Black: 6% Asian: 5% Other: 9% (Hispanic Origin: 20%) Only 11% of our residents are "foreign born", with 89% of our community native residents. ESTIMATED ILLITERACY RATE: To estimate the target population of adult illiteracy in Rancho Cucamonga, we have taken the base adult population of 69,264. From that, we have removed 2, 173 adults who state in the census that they are "linguistically isolated" from English (making them more appropriate for ESL than Literacy training) and are left with the total of 67,091. We then use the state illiteracy average of 15% of the population. This state average is used to produce our target base of 10,064. o Describe your !ibrary's literacy activities, current or past (e.g, existing library literacy services, referrals to other California Literacy Campaign programs, LSCA Title VI grants, etc.) The Library was created as an entity in July of 1994. At the first Board Meeting of the newly formed Rancho Cucamonga Public Library, a Board member requested a report on options for bringing literacy to the new city library. While the Library has no past track record of commitment to literacy, that is simply because the library itself has no past. Since the Library's opening in October of 1994, the library has fielded requests regarding literacy services both from prospective clients as well as tutors. Library staff has referred the questioners to the Upland literacy program, an active member in the California Literacy Campaign. The Rancho Cucamonga Friends of the Library, formerly based with the San Bernardino County Branch facility serving Rancho Cucamonga, have been supporting the Upland Literacy Program for the past several years, with donations between $200 and $500 each year. They have pledged a $5,000 grant toward literacy endeavors each year. Their estimated income for 1994 is $30,000. Describe community's current literacy activities (e.g., Laubach Literacy CLLA) Councils, Literacy Volunteers of America CLVA) affiliates, Adult Basic Education (ABE), Community College literacy programs, community based organizations, etc.) California Literacy Campaign Program: Representing the CLC Program, the Upland Public Library provides many of the literacy services relied on by the community. Currently 13 Rancho residents serve as tutors in the Upland program. In addition, Upland serves 12 students registered in their program who currently live in Rancho Cucamonga. Finally, the Rancho Cucamonga Public Library is a site for tutors of the Upland program who wish to use the Study Room located on the second floor for tutor sessions. Community College Programs: The Chaffey Community College offers several programs designed to assist the adult reader who wishes to participate in a school environment. The Chaffey Community College Educational Resource Program or ERC serves individuals with learning disabilities. Services include basic skills in language and reading. The fees charged are nominal or none. Chaffey also offers the Chaffey Community College Learning Development Center, located in Rancho Cucamonga, offering classes in practical living skills, functional reading and career preparation. What special role will your library literacy service play among the literacy service providers of your community? The Rancho Cucamonga Public Library program will provide literacy instruction for adults challenged in reading, writing and basic math skills. The library program will be a grass roots effort designed to excite the community about literacy. We will promote the one-on-one concept of literacy instruction, emphasizing tutor involvement with the student. The Library, as opposed to a school environment, will emphasize personal training and personal commitment as major components of our program; a less institutionalized approach than the Adult Basic Education which forms the core of the services currently offered. The Rancho Cucamonga Public Library project will be working closely with the Upland Literacy Program, now in operation for 6 years. The two projects will generate a symbiotic relationship, with each gaining energy from the other program. The new Rancho program is designed to infuse new excitement, a larger territory, a greater population to draw upon. The established Upland Literacy program will provide a base of knowledge and experience from which to draw, an understanding of the polices and paperwork procedures of the grant process and an overall ability to promote literacy as a concept through major media in the broader Inland Empire community. Is there a community adult literacy coalition within your library jurisdiction? If "yes", describe how your literacy program will participate. If "no", describe how your library will assist in establishment of one. While there is no literacy coalition within the Rancho Cucamonga Public Library's jurisdiction, the Upland Literacy Alliance. organized in 1990, services Rancho Cucamonga currently, and will continue to do so with Rancho Cucamonga a strong participant. Currently, the Alliance is composed of representatives from the Upland City Council, the media, local churches, community service organizations, local businesses and surrounding libraries. The new Rancho Cucamonga program would become involved with this coalition, to form a new, invigorated community literacy coalition. Since the Alliance is currently restructuring to provide greater scope and coverage for the organization, the timing is perfect to infuse "new blood" into the organization by adding Rancho Cucamonga businesspeople, church group representation and literacy activists to forge a dynamic community wide organization, renamed to reflect the broader scope of service and new partnerships formed. Even broader in scope and coverage is the informal sharing of literacy services and events currently occurring between Colton, Riverside City and County, San Bernardino City and San Bernardino County Literacy programs. Together in 1994, along with Upland Library Literacy, they planned and coordinated the Adult Learner's Conference. The new Rancho Cucamonga Public Library Literacy Program would become part of this planning groupfor literacy services. Describe the library and community sites you plan to use for program activities (e.g., tutoring, tutor training, program administration, alliance activities, resource center, etc.) and discuss the rationale for your choices. Overall description of the Rancho Cucarnonga Public Library: The new library was opened in October, 1994. It presently houses a collection of 90,000 items, 200 periodical subscriptions and circulates 1,900 items per day. Located in 26,000 sq. feet, the new library offers major technological services, including on-line access to the catalog and magazines full text; dial-up referral data base; fully loaded windows computers for the public and a fully automated book renewal service. The library is currently open 7 days a week, with on-line access available 24 hrs. each day. The Rancho Cucamonga Public Library is a universal borrowing facility, a participant in O.C.L.C. and a member of the Inland Library System. Literacy Offices: Year 1: During the first formative year, the literacy office will be located in a large area on the second floor currently used for storage. (See attachment A) There is sufficient room for a coordinator to establish an office immediately, and sufficient room for resource materials. Clerical help will be housed both in that location and in office cubicles located in the regular administrative staff offices. Year 2: The HUD program for the City of Rancho Cucamonga has already contacted the Library Director and expressed interest in receiving an application for funding that will create real office space for a long term literacy office. This assistance will be applied for in year 1995/96. Tutor Training: Tutor training will be held in the Community Room area located on the second floor of the library. This 100 sq. ft. area was designed as meeting room space. Tutoring: Rancho Cucamonga Public Library: Tutoring will take place in the study room on the second floor, as well as the community room space during hours specifically set aside for that purpose. The room can be divided, so will serve as a location for tutoring two pairs at any time of the day for which the room is not booked. Rancho Cucamonga Neighborhood Center: A city facility, the Neighborhood Center is used for everything from Vita Income Tax Assistance to food distribution to free health clinics. Useful as both a referral agency for students and a tutoring location, this Center is warm, comfortable, familiar and non threatening for many potential students. Other community sites will be identified at a later date. How do you plan to develop library staff awareness and involvement in the development of your literacy service? The staffof the Rancho Cucamonga'Public Library is small (18 FTE) and all are located' in the same building. Relations are informal and friendly. Administration creates a weekly "HOTLINE" of library and city happenings and the staff newslener issued weekly provides a more personal interpretation of the news. The Literacy application has already appeared as an information item in both of those publications. Adult and Information Services will be involved as they assist in locating potential alliance agencies, help to establish the program component of the project and refer potential students and tutors discovered in the reference interview situation to the Literacy Coordinator. Describe how you plan to transition from primary financial support of your literacy service from CLSA in years 1-3, to increasingly local funding during years 4 and 5, and to the matching program in the sixth and subsequent years. The Rancho Cucamonga Public Library plans a program that will attack the issues of long range funding in two directions: 1) A team or coalition approach that will keep long term overhead costs down 2) An aggressive fund-raising approach from year one of the grant. 1) Team approach While the first years of operation will require a full time individual to coordinate and establish a program basic and unique to Rancho, a long range goal of the Rancho Cucamonga Public Library program is to evolve into a program where on-going expenses can be shared with other public library jurisdictions. In this initial application, Upland Public Library and Rancho Cucamonga Public Library are working in tandem to create a project structure that will begin to make possible the coordination and sharing of overhead costs for literacy in the future. The coalition currently formed between Upland and Rancho Cucamonga Public Library will provide savings for both jurisdictions in the future by establishing the framework to jointly fund project management staff. The ideal configuration for the future would be three public library jurisdictions, each housing and promoting their own unique literacy programs, but all coordinated under the talents of one Literacy Coordinator, with all personnel and support expenses shared amongst the three participants. This approach would serve to keep the overall costs of the service down. 2) Fund rabing .i The full time staffing funded by the grant will have as a primary responsibility to generate grass roots support for the literacy program within the community. While our primary role in year one will be forming community partnerships, discovering students and generating qualified tutors, we will also be creating the funding base that will carry the program on in future years. 10. 11. What will be the key sources of referral of learners to your literacy service? (e.g., self-referral, adult basic education in local education agencies, heath and human service agencies, employment development agencies, local volunteer services, or other governmental and nongovernmental organizations.) a, c, Self referral The Adult Education Program operated through the five resident school districts of Rancho Cucamonga The Adult Education Program operated through Chaffey College The Upland Public Library literacy program CALL, the Southern California 800 number What other means of learner recruitment do you plan? The Library plans to offer a series of Life skills programs. The Project Manager will be expected to host one program each month, featuring an aspect of Life skills enhancement to bring into the library prospective literacy clients. These Life skills programs will be in the area of job finding, family nutrition planning, basic economic skills, etc. The purpose of these programs will be twofold: 1) 2) to bring in potential literacy clients to strengthen the alliance between the library's program and health and human service agencies, who would be requested to speak in their respective areas of expertise What agencies are available for ancillary services to adult leamen? (For example, health, legal, counseling, employment) How do you intend to relate to these services? The agencies listed below are available to assist learners in many areas of life. A free- flowing referral process is planned. Those agencies below are listed according to the following potentials: to provide referrals and Life skills programs; to provide a fund- raising base. Each agency is being contacted, and leUers of support for the program sought. For potential student referrals and !ifski!ls program speakers: Adult Development Center: provides training, placement and employment for vocationally developmentally disabled individuals. Chaffey Community College Educational Resource Program: serves individuals with learning disabilities. Chaffey Community College Learning Development Center: Offers students practical living skills, functional reading and career preparation. Employment Development Department: provides employment services for job seekers Employment Training Agency: vocational training and job placement assistance to displaced and economically disadvantaged individuals. Help On Call: United Way agency for information and referral. Helps to link people in the community to available resources. House of Ruth: Provides crisis counciling to battered women; performs referrals to other agencies. Operation Share: provides emergency food, clothing and counseling for residents. Questward Foundation: Proves aide to homeless; offers the "transition training center" program and networks with other agencies to help people change their circumstances. Rancho Cucamonga Neighborhood Center: community information and referral. Volunteer Vital English: volunteers teach English to non-English speaking persons. West End Family Counseling: counseling provided for families an individuals for all psychologically related issues except drug and alcohol abuse. Provides referrals. For potential tutor recruitment and/or fundraising assistance: Agewise: an outreach program for healthy aging American Association of University Women: organization with three major goals: continuing intellectual growth, advancement of women and responsibility to society. Lion Club: sponsors fundraisers to help support community projects. Pomona Valley Community Services, Inc.; provides challenging and rewarding volunteer opportunities. Rancho Cucamonga Service Club: service organization which donates to local deserving charities. Rancho Cucamonga Women's Club: interested in the activities of the community, priority includes donations to worthy causes. Rotary Club ofRancho Cucamonga: international organization of business people. Rotary Club Sunrise: international organization of businessmen and women. 12. Describe the instructional strategies and materials you plan to use. Discuss these plans in relation to the population you intend to reach and the sites you plan to use. The population targeted by this program will be those individuals who have "slipped through" the traditional educational system; individuals who speak English but whose reading and w~'iting skills are undeveloped. In addition, our students will be those for whom the more structured "classroom" approach provided by Adult Education has not been appropriate. Our program will recruit, train and match volunteer tutors with students in a one-to-one environment for free instruction in basic reading and writing. The tutor training sessions proposed were developed by the Literacy Volunteers of America, Inc. A variety of materials will be used by the tutors to reach their students. "Real World" materials, such as newspapers, magazines, labels, menus, street signs, map and traffic signs will be strongly emphasized in tutor training and tutors encouraged to include some of the above in each tutoring session. Tutors will also be encouraged to ask their students to select materials to be read. Laubach workbooks will also be available for tutors who have an interest in that structured approach. For student/tutor combinations who wish to work with phonic instruction, the Laubach phonics book series will be available. The Rancho Cucamonga program will encourage tutors to utilize three or four different materials and approaches in each tutoring session. It has been learned that as each student has different needs and goals, no one material or approach can be utilized exclusively. Used as tutoring sites will be the Rancho Cucamonga Public Library, the Rancho CuCamonga Neighborhood Center and several local churches who have expressed willingness to house tutoring efforts. 13. Describe how you plan to train tutors. Include (to the extent known) specific techniques, length of pre-service workshops and names of prospective tutor trainers. Trainers: The Rancho Cucamonga Literacy Program will contract with one of the following to present tutor training sessions: Evey Renner, Literacy Consultant Mary Ann Ponder, Colton Literacy Coordinator The selection will be made through a request for proposal process. Workshops and techniques: Tutors will receive a ten hour tutor training workshop including an orientation, an overview of the program and a library tour. Tutor training will include the basic principles of teaching reading to adults and eight teaching approaches; language experience stories, sight words, phonics, word panems, comprehension skills, language structure, duet reading and "real world" reading skills. The workshop will also include demonstration and practice time in teaching techniques and the oppommity to share the experience of seasoned/veteran tutors and adult learners. The Library proposes to contract for three general full training workshops and an additional three two hour workshops for more advanced tutors in the areas of learning disabilities, learning styles and "whole language" as a tutoring technique. 14. How many tutors do you intend to recruit, train and match with adult learners in the initial year? 40-60 tutors, depending on demand from learners. 15. Provide a time line of tutor training workshops you plan to offer in the initial year. The first tutor training will be conducted in early December. A second tutor training will be conducted in early Spring (March). Depending on the demand and necessity, a third session could be offered for late Spring/early Summer (June). We will also be providing special in-service for "seasoned" tutors in early Summer. These in-service sessions x~ill emphasize a particular tutoring skill. 16. What other plans do you have for your literacy service that were not elicited by the above questions? Basic to our proposal is close and cooperative interaction with the currently existing program located at Upland Public Library. The Library Directors of both Upland and Rancho Cucamonga have worked closely in developing this proposal and believe that the synergistic approach to literacy services will provide a firm funding base for both library programs and a stronger ability to carry on literacy services after the state funding has diminished. We plan to work closely over the next 5 years to strengthen the bonds between the two programs; to coordinate expenses and services; to share in common those items which make the most economic sense; and yet to hold complete and distinct the mission, political base and independent spirit and character of each program. LITERACY COORDINATOR Librarian Level/Full time (14.69 per hr.) DESCRIPTION: Plans and coordinates adult literacy program for the Rancho Cucamonga Public Library, Coordinates literacy services for the literacy coalition comprised of Upland and Rancho Cucamonga Public libraries. EXAMPLES OF TYPICAL DUTIES: Duties may include, but are not limited to the following: * Plan and coordinate the goals and objectives of the Rancho Cucamonga literacy program * Plan and coordinate the overall goals and objectives of the literacy coalition * Plan meetings and promotional activities for literacy coalition * Prepaxe monthly newsletter for tutors * Provide direct public service * Recruit, interview and help train volunteer tutors * Recruit, interview and test adult learners. * Match learners with tutors * Contact appropriate community agencies, organizations, businesses and churches and make presentations promoting literacy project, soliciting financial contributions and volunteer tutors. * Establish on-going monthly program of adult likeskills programs * Prepaxes monthly and quarterly reports to the State * Supe~'ise, train and evaluate assigned staff QUALIFICATIONS Knowledge of: Professional level of knowledge of literacy issues and organizations Project planning and administration, grant writing and making project proposals Goals and public relations strategies as they relate to the literacy effort Management principles and library work Ability to: Plan, organize and direct a literacy program Establish and maintain a cooperative working relationship with two jurisdictions Communicate clearly and concisely, both orally and in writing EDUCATION AND EXPERIENCE A minimum of three years of experience developing and managing similar projects and programs in educational, non-profit or similar service organizations. LITERACY CLERK Cibrary Clerk Level/Full time (9.52 per hr.) DESCRIPTION: Under direction of the Literacy Coordinator, performs a wide variety of technical and clerical library work in support of literacy services. Work schedule will include evenings and weekends. EXAMPLES OF TYPICAL DUTIES: Duties may include, but are not limited to the following: * Greet clients for the literacy program and explain program basics * Handle incoming calls * Assist in gathering necessary statistics * Operate office equipment * Assist in production of monthly newsletter for tutors * Provide direct public service * Assist in prepares monthly and quarterly reports to the State * Supervise, train and evaluate assigned staff QUALIFICATIONS Knowledge of.' Professional level of knowledge of literacy issues and organizations Project planning and administration, grant writing and making project proposals Goals and public relations strategies as they relate to the literacy effort Management principles and library work Ability to: Follow oral and written instructions Operate office machines and equipment Communicate clearly and concisely, both orally and in writing EDUCATION AND EXPERIENCE A minimum of one year of library experience, preferrably in the area of literacy EQUIPMENT EXPENDITURE BREAKDOWN TOTAL REQUESTS: $11,050 Office Equipment: 1 Computer HP Vectra M2 1 Printer I Typewriter Reconditioned IBM 2 Desks/Dividers Costs $3,500 $ 5OO $ 25O $5,000 Outreach Equipment: 1 Combination video/tv 1 Video CamerFFripod/Cables $ 500 $1,300 CLSA Program Budget Request for California Library Literacy Service Programs Fiscal Year 1995/96 _. RANCHO CUC MONGA PUBLIC LIBRARY ~ ~ ~~Namet of Library d-{ ~i May 4, Library Dire~_r gnature Date (a) (b) Budget CLSA Categories Budget Other Request Budget (c) Total Estimated Yearly Budget (a + b) 1995 1. Personnel (Inc. Benefits) 72,000 72,000 Approved CLSA Budget ~Z'vin Starr $54,000 2. Library Materials 2,500 2,500 $2,500 3. Operations Total (3a-39) 12,200 12,200 $9,150 3a. Contract 5,000 5,000 Services 3,750 3b. Travel 1,000 1,000 3c. Office 1,500 1,500 Supplies 3d. Printing 3e. Instructional Resources 3L Communications 2,000 2,000 1,500 1,500 1,200 1,200 750 1,125 1,500 1,125 900 39. Other 4. Equipment : 000 5,000 11,050 11,050 $11,050 5. Indirect 11,730 11,730 $7,670 6. TOTAL 109,480 114,480 $84,370 FM-46APP.PG2 rev 2.95 Attachment B Library Services Board Deborah Clark Rancho Cucamonga Public Library 10500 Civic Center Drive Rancho Cucamonga, CA 91729, Director Dear Ms. Clark: August 14, 1995 I am pleased to inform you that Rancho Cucamonga Public Library has been granted financial assistance for the 1995/96 fiscal year for participation in the California Library Literacy Services (CLLS) program in the amount of $ 84,370. I enclose the approved CLSA Budget page that supports the Literacy Plan of Service. Be sure to plan for the increasing local role expected in this program. Under the provisions of the CLLS, the State's financial support declines in years four and five. After the fifth year the State is authorized (contingent upon availability of funds each year) to provide up to a dollar-for-dollar match for funds raised locally. You will soon receive reporting procedures and masters for reporting forms for use during the 1995/96 fiscal year. All Quarterly Reports must be ~ed in original plus two copies within thirty days of the end of each quarter. I enclose a master (for duplicating) of the Budget Change Request form to be used if changes in the approved CLSA budget should become necessary. Please call A1 Bennett, Literacy Specialist, to discuss proposed changes before submitting Budget Change Requests in writing. You must use CALPEP (the California Adult Learner Progress Evaluation Process) for learner assessment soon after instruction of each learner begins, and again each December and June. New computer software for CALPEP data entry and reporting is nearing completion. Quarte~y reports and CALPEP reports must be submitted on time to assure payments by the California State Library. I encourage your library's participation in the nearest regional library literacy network. Please contact A1 Bennett, Literacy Specialist, at 916-653-7743 if you have questions or require assistance in your literacy activities. Welcome to the California Literacy Campaign! Chief Executive Officer, Califomia Library Services Board CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 7, 1995 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL JACK LAM, CITY MANAGER A.I.C.P. ~ RANCHO CUCAMONGA EN SUBJECT: ASSET SEIZURE REQUEST Funds in the asset seizure account are the result of legal proceedings against assets of narcotics offenders. There is currently more than $220,000 in this account as of September 7, 1995. Health and Safety Code 11489 describes use of these funds to support law enforcement efforts. The Rancho Cucamonga Police Department would like to purchase the following items utilizing funds from the Asset Seizure Account. As per Section 11489 of the Health and Safety Code, these items will be used to support the law enforcement efforts of the department. These expenditures are not supplanting any city funds that would otherwise be made available. RECOMMENDATION: Staff recommends that the City Cotmoil approve the expenditure of not more than $62,000 for equipment that includes items for the following areas: CHAIRS FOR STATION 42 New Chairs for Station BACKGROUND The station is in need of new chairs for various area's. The chairs that are currently being used are falling apart and are in need of replacement. The chairs to be replaced are over 6 years old and can not be repaired economically Page 2 of 5 Pages Asset Seizure Expenditure Request September 7, 1995 INTERNET ACCESS AND WEB SERVER Internet Access and WEB server BACKGROUND With the increased presence of government, counties, cities, and law enforcement agencies on the Internet and with the vast amount of information available on the Internet it would be a major advancement for the Police Department to have access to the Internet. It is also requested that a WEB Server be implemented. This would allow anyone on the Internet to access information that is made available on the WEB Server. As an example some of the information that would be made available is local crime statistics, information on wanted criminals, and any information that we would like to make public. HAND HELD RADIO BATTERIES 100 Batteries BACKGROUND With over 70 hand held radios and the amount of use that they are given the batteries need to be replaced on a regular basis. The stated average life of a battery in the law enforcement environment is 1 year. We currently have over 15 radios with batteries approaching 2 years of service. The purchase of 100 batteries will update all radios and allow for more than 1 years worth of replacement. MODIFY PA SYSTEM FOR 6WVC1 Sound System Modifications BACKGROUND With the design of the public safety having the lower floor mostly below grotmd and all of the steel and concrete on the upper floors the radio reception on the lower level is very poor. By adding the 6WVC 1 radio channel to the PA system personnel will be able to monitor the radio traffic when they are in the station and be able to respond to radio traffic. The addition of the radio channel will be to selected area' s only. This could be considered an officer safety issue. Page 3 of 5 Pages Asset Seizure Expenditure Request September 7, 1995 MINI TAPE RECORDERS AND HOLDERS 30 Mini Tape Recorders 15 Recorder Holders BACKGROUND Over the last yearw some of the mini-recorders currently in use have broken beyond repair. The station has also increased the number of deputies which also need recorders. The new recorders will also need to have holders. RECHARGEABLE FLASHLIGHTS 12 Rechargeable Flashlights With charging stations BACKGROUND These flashlight will be used to update all of the Detective units to be the same as all of the other units.. This is also to replace several flashlights that are beyond repair. EQUIPMENT FOR DETECTIVE UNITS Various Equipment BACKGROUND The Detective unit needs binoculars and "RAID" vests for surveillance work and when they are involved with search warrants and other agency combined efforts. The "RAID" vests are needed as an officer safety item to identify the Detectives to all personnel that at are on location at any law enforcement activity. The binoculars are needed so that surveillance work and be done. Page 4 of 5 Pages Asset Seizure Expenditure Request September 7, 1995 PORTABLE VIDEO PROJECTOR LCD Video Projector and cart BACKGROUND The Crime Prevention Unit is changing the traditional manner of conducting Neighborhood Watch Meetings. While other departments, like Sacramento Sheriffs, have conducted Neighborhood Watch meetings to large sectors of the area for years, Rancho Cucamonga has now reached a population size that indicates a need to restructure the presentation methods as well. To present Crime Prevention programs to such large groups a portable LCD video projector and a video cart is needed. THOMAS BROTHERS MAPS New Thomas Brothers Maps BACKGROUND In the 1996 issue of the Thomas Brothers maps the street grid system was changed. This is for the better because the new maps have better resolution and are easier to read. The Sheriffs department dispatch system will support the new grids but it must be done on a complete jurisdiction at a time. It's all or nothing on a per station basis. This request will cover the complete needs of this station. FORENSIC SUPPLIES AND EQUIPMENT Forensic Supplies and Equipment BACKGROUND The Forensics unit is requesting several items be purchased from Asset Seizure funds. One item is a Metal Detector which will be used to located metal items at crime scenes. This will include knifes, guns shell casings, projectiles and other metallic items. Also requested is a shredder that is capable of shredding pictures and drivers licences, credit cards and a moderate amount of Page 5 of 5 Pages Asset Seizure Expenditure Request September 7, 1995 paper that is all confidential in nature and needs to be destroyed. Currently this needs to be batched and is very inconvenient and time consuming. Other items include lamps for night work at crime scenes, straps for the 35mm cameras, several drawing templates for crime scene layouts, a printer for computerized I-Dent-A-Kit and wanted posters, and reference books. TRAFFIC DIVISION TOOLS AND SUPPLIES Tools and Supplies BACKGROUND The Traffic Division needs tools to perform maintenance and minor repairs to the motorcycles in the unit. These are metric tools and are not available from the automotive unit. The Traffic Division needs to add Orange Traffic Cones as they currently do not have an adequate amount to mark traffic hazards and accidents. The unit also needs to replace and add supplies that they need to document traffic accidents, these are to include drawing templates, calculators, drawing boards, etc. ql CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: By: SUBJECT: September 20, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~Neil, City Engineer Linda Beck, Jr. Engineer Award and Authorization for Execution of Contract for Base Line Road Widening and Rehabilitation, from Day Creek Channel to Victoria Park Lane, to Vance Corporation, funded from Transportation Systems Development Fund, Account No. 22-4637-9306 and S.B. 140 Fund, Account No. 35-4637-9306. RECOMMENDATION: It is recommended that the City Council award and authorize for execution the contract for Base Line Road Widening and Rehabilitation, to the lowest'responsive bidder, Vance Corporation in the amount of $267,940.00 ($243,581.20 plus 10% contingency) to be funded from Transportation Systems Development Fund, Account No. 22-4637-9306 and S.B. 140 Fund, Account No. 35-4637- 9306. BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on August 22, 1995, for the widening of Base Line Road to four lanes and the construction of a left turn lane into the existing business on the south side. Vance Corporation is the apparent lowest bidder, with a bid amount of $243,581.20 (see attached bid summary). The Engineer's estimate was $267,400.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. City Engineer WJO:LRB:Iy 8AS E L I N E RO~ z bJ 11 BASE LINE WIDENING AND REHABILITATION IMPROVEMENT PROJECT HIGHLAND AVENUE z <~ VICINITY MAP NTS firit Illfill CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 20, 1995 TO: Mayor, Members of City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: APPROVAL OF AGREEMENT BETWEEN HILLSIDE COMMUNITY CHURCH AND THE CITY'S COMMUNITY SERVICES DEPARTMENT FOR USE OF CLASSROOMS BY THE PLAYSCHOOL PROGRAM RECOMMENDATION: Staff recommends the approval of the agreement between Hillside Community Church and the City for use of class rooms for by the Community Services Play School Program. BACKGROUND: The Playschool program offered by the Community Services Department is a very popular program within the City. The program is offered at Lions and Neighborhood Centers and was offered at two portables via a contract with Central School District and Lewis Homes. This contract expired when the permanent Ruth Musser Middle School was built and the portables were sold to the Fontana School District. Community Services was also trying to seek an additional classroom space that would allow for the transfer of the current Playschool class from the Neighborhood Center. Since notification of the pending closure of the portables Community Services has been in the process of locating suitable space for the Playschool program. An agreement has been developed with Hillside Community Church for the use of five classrooms. Staff believes that this location will meet the Playschool program needs during this interim period. This item was heard by the Planning Commission on August 23, 1995 based upon an appeal by the residents of the area. The Planning Commission denied the appeal and approved the Playschool use at the church by the City. Staff feels that many of the concerns of the neighbors were address by the information presented at the Commission hearing. ANALYSIS: The agreement between the City and Hillside Community Church provides for the lease of five classrooms at $300/month for each classroom for a total of $1,500 dollars a month including utilities. Playschool Program fees will cover the rental cost for these facilities. The use of these rooms will provide the ability to move classes from Neighborhood Center, handle the classes canceled due to the closure of the two portables at the Ruth Musser School site, and CITY COUNCIL MEETING HILLSIDE COMMUNITY CHRUCH AGREEMENT SEPTEMBER 20, 1995 PAGE 2 allow for Playschool Programs to continue while the renovation of the Lions Community Center Projects are in progress. Some additional classes will also be offered to accommodate the large waiting list for this program. Once the Lions Community Center renovation project is finished and both buildings are open, the Playschool program will be housed fully at that location. Respectfully Submitted, Suzanne Ota Community Services Manager CITY OF ]~NCHO CUCAM[ONGA MEM((}RAN U'M DATE: September 20, 1995 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager BY: Kathy Sorensen, Recreation Superintendent SUBJECT: APPROVAL OF CONTRACTED SERVICE FOR THE FOUNDER'S DAY PARADE BY WORLD WIDE SPECTACULARS, INC., d.b.a. PAGEANTRY PRODUCTIONS IN THE AMOUNT OF $7,139.05 TO BE PAID FROM ACCOUNT #01-4532-3900 RECOMMENDATION Staff recommends that the City Council approve the contract with World Wide Spectaculars, Inc. d.b.a. Pageantry Productions, to produce the Founders Day Parade in the amount of $7,139.05. BACKGROUND For the past fifteen years the City has sponsored the Founder's Day Parade. For the last five years the City has contracted with Pageantry Productions to organize various parade functions. These functions include trophies, dignitary vehicles, printing and mailing and processing of applications, organizing the parade line-up, and writing the announcing script. ANALYSIS The task of taking nearly 2,000 people and putting them in an organized parade line-up, asking them to perform and entertain, and yet do so without gaps is the main challenge of organizing any parade. This challenge is magnified when children are asked to march along and keep in stop with older youth and adults. Several new steps were taken over the last few years to minimize problems and they were very effective. These changes included: CITY COUNCIL MEETING CONTRACTED SERVICE FOR FOUNDER'S DAY PARADE September 20, 1995 Page 2 1) The non-competitive community/youth group entries begin the Parade. The Parade started at 9:30 a.m. and involved those community groups, organizations and schools who wanted to march or have vehicles in the Parade but were not of a competitive nature requiring judging standards. These groups were not to be judged, but would receive a parade participation ribbon. The Parades advertised start this year is 9:30 a.m. with all Councilmembers, the Mayor and other dignitaries at the fi'ont of the Parade, followed by the non-competitive participants, and then the judged participants. 2) The Parade route ended on the east side of Archibald, thereby making the Parade two tenths of a mile shorter. Disbanding would occur from Archibald to Ramona. 3) The entry deadline (October 20th) will be strictly enforced. Accepting applications after the deadline adds to the overcrowding of the Parade. Staff will monitor application entries with Pageantry and assist with contacting and reminding community groups of the entry application deadline. 4) A Performance Award ($200.00 cash prize) will be awarded to the entry which performs at the three announcing stages and really gets the crowd into the spirit of the Parade. This recommendation is intended to encourage the entertainment value of the Parade. Last year's winner, Norwalk High School, was very excited about adding this cash prize to their band boosters. 5) All judges will be under contract with Pageantry, therefore allowing Pageantry to have total control of the judges. This worked very well and will continue under this new contract. 6) The last two years the parade awards were incorporated into the Found's Day Celebration held at the Adult Sports Park. This will continue in 1995 with the Award Ceremony held at approximately 1:00 p.m. FISCAL IMPACT Funding for the Parade Contract has been budgeted in the FY 1995/96 Annual Budget. The contract amount has increased 5% this year which is the first increase in three years. q7 CITY COUNCIL MEETING CONTRACTED SERVICE FOR FOUNDER'S DAY PARADE September 20, 1995 Page 3 SUMMARY Numerous meetings were held between Community Services staff and Pageantry representatives to fully critique and develop recommendations to eliminate past concems and to improve and enhance the upcoming Founder's Day Parade and Celebration. Staff feels confident that by following our format for the past few years has resulted in a successful and enjoyable community parade and celebration. Respectfully submitted, SO/KAS/tp CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 20, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Alan Warren, AICP, Associate Planner APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ENVICOM CORPORATION FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT NOT TO EXCEED $80,000 (TO BE FUNDED FROM DEVELOPER DEPOSIT THROUGH ACCOUNT NO. 01-4333-6035) FOR GENERAL PLAN AMENDMENT 95-03A AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 95-04. RECOMMENDATION: Staff recommends that the City Council grant, by minute action, this award and execute the Professional Services Agreement. BACKGROUND/ANALYSIS: In July of this year, General Plan Amendment (GPA) 95-03A was filed for the development of 514 single family homes within Subarea 16 'of the Industrial Area Specific Plan (ISP), just west of Archibald Avenue and north of 4th Street. It is anticipated that the unit count will expand with an additional 104 units with subsequent applications for properties under separate ownership. Of the approximate 136 acres of Subarea 16, the combined applications account for approximately 57 percent of the total. Eadier, in preliminary discussions, staff advised the applicant, Cucamonga Counterpointe LLC (in association with Griffin Industries), that formal consideration of such a large land use change would require the preparation of a focused environmental impact report (FEIR). The applicant agreed with this determination and, in May 1995, provided a $5,000 good faith deposit with the City to initiate an environmental consultant selection process. The selection process started with the sending of requests for qualifications (RFQ) to several environmental consulting firms in Southern California, from which staff established a list of the three most qualified firms in mid-July. These firms submitted their proposal for Scope of Services/Work, with cost estimates, and were interviewed by staff on August 10, 1995. Of these highly qualified firms, Envicom Corporation best matches our needs for this project. In particular, Envicom exhibited a high degree of understanding for need to analyze vadous land use alternatives and development performance standards for the entire subarea. The proposed Scope of Work includes items recommended by staff, and agreed to by the applicant, with the entire contract cost borne by the applicant. The contract is for $75,112.00 with the remainder of the requested amount as a contingency. CONCLUSION: For the stated reasons, staff recommends approval of the Professional Services Agreement with Envicom Corporation. Brad Buller City Planner CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: September 20, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Suzanne Ota, Community Services Manager APPROVAL OF USAGE AGREEMENT BETWEEN CHAFFEY COMMUNITY COLLEGE AND THE CITY OF RANCHO CUCAMONGA FOR USE OF RECREATIONAL FIELDS AT THE COLLEGE RECOMMENDATION Staff recommends entering into a renewal agreement with Chaffey Community College for the use of College recreational fields and facilities for youth sport organizations. The Agreement would be renewed to June 30, 1996, at a cost of $30,000.00 to cover maintenance and operations expenses associated with the annual community usage. BACKGROUND In 1991 the City entered into an Agreement with Chaffey Community College for use of additional sports field space constructed at Chaffey College. Since that time, Pop Wamer Football and Legion Baseball have been the primary users with some use by soccer and little leagues. ANALYSIS This Agreement includes the use of two football fields for Pop Wamer Football, a 90' baseball field for Legion Baseball, recreation fields year round for community youth sports groups, and limited gymnasium use. The City would pay $30,000.00 for annual operation and maintenance of these facilities. Funds are budgeted in the Park Development Fund. SUMMARY The attached renewal Agreement allows youth sport organizations to utilize sports fields for games and practices. Staff intends to continue working with Chaffey College staff to ensure a mutually beneficial joint-use program for the community. Respectfully submitted, 'S4~uz~ervices Manager SO:kls CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 20, 1995 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Lucinda E. Hackett, Associate Engineer SUBJECT: AUTHORIZATION TO AWARD AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PETER PITASSI, AIA, ARCHITECT FOR ARCHITECTURAL DESIGN SERVICES FOR THE RENOVATION OF LIONS COMMUNITY CENTER(LIONS WEST) AND THE OLD LIBRARY BUILDING (LIONS EAST) FOR A FEE OF $118,200 TO BE FUNDED FROM COMMUNITY SERVICES FUND, ACCOUNT NUMBER 134563- 9501, PARK DEVELOPMENT FUND, ACCOUNT NUMBER 20- 4532-9501 AND GENERAL FUND ACCOUNT NUMBER 01-4650- 9501 RECOMMENDATION It is recommended that the City Council approve the Professional Services Agreement with Peter Pitassi, AIA, Architect, and authorize the Mayor and City Clerk to sign said agreement. BACKGROUND / ANAl ,YSIS The Old Library Building (Lions East) is located at 9191 Base Line Road. This facility was built by the County of San Bernardino in 1974 and served as a library until the City opened its own library in the Fall of 1994. The City acquired this 11,160 sq. R. facility in July of 1994 from the County of San Bernardino. This building has been inadequately maintained over the past few years and the overall physical condition of the building is poor. This facility will require repair work and replacement of material and mechanical equipment, mandatory ADA modifications and upgrades, interior remodeling to facilitate recreational programming needs, re-grading and re-landscaping of the exterior grounds and reconstruction of the parking lot. CITY COUNCIL STAFF REPORT PSA - PETER PITASSI, AIA September 20, 1995 Page 2 Lions Community Center (Lions West) is located at 9161 Base Line Road and is adjacent to Lions East. This facility was first opened by the County of San Bemardino in June of 1976 to serve as offices for the administrative park district, Service Area 50. In 1979 the Lions Hall addition was added to bring the total square footage up to 8420 and the facility was tamed into a Community Center. This facility needs to be retrofitted to meet current ADA standards which includes a 400 sq. It. expansion to create a new entrance on the south side of the building. The current entrance on the east side of the building does not meet ADA standards. Respectfully submitted, Wi lhrn/J. O~Neil I City Engineer WJO:LEH:dlw CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 20, 1995 TO: Mayor and Members of the City Council, Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Scott Murphy, AICP, Associate Planner SUBJECT: CONSIDERATION OF A MODIFICATION TO CONDITIONAL USE PERMIT 93-46 - FLORES - An appeal of the Planning Commission's denial of a request to modify the approved site plan and certain conditions of approval for a previously approved gas station and mini-market in the Community Commercial designation of the Foothill Boulevard Specific Plan (Subarea 2), located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-192-06 and 07. RECOMMENDATION The Planning Commission recommends that the City Council deny the modification to Conditional Use Permit through adoption of the attached Resolution. BACKGROUND On July 27, 1994, the Planning Commission approved Conditional Use Permit 93-46 for the construction of a gas station and mini-market on a .63 acre parcel at the southeast corner of Foothill Boulevard and Vineyard Avenue. At the time of approval, the applicant owned both the gas station site and the adjoining Red Hill Liquor site. Because of the size of the gas station site and the dependence on the liquor store for access to Foothill Boulevard, the two sites were considered as part of the same application. Improvements proposed to both the gas station and liquor store site included formal hardscape and street tree planting treatment and a landscaped planter and screen wall behind the right-of-way. Also, the existing drive approach for In-N-Out Burger would be eliminated and access provided through the liquor store site. In October 1994, the applicant sold the Red Hill Liquor store to the current property owner. In the process of transferring title, the applicant did not obtain the necessary legal documents (e.g. dedications, easements, right-of-entry) to allow construction of the street and on-site improvements required as part of the original approval. The applicant has indicated that the liquor store property owner has been unwilling to provide the necessary agreements to the applicant. City Council Staff Report CUP 93-46 - Flores September 20, 1995 Page 2 ANALYSIS Because of the applicant's inability to obtain the necessary easements to complete the improvements as required by the conditions of approval, the applicant has submitted a modification request to eliminate those on-site improvements required on the liquor store site. Also, the applicant has requested that the applicant initiate condemnation proceedings on the liquor store site in order to obtain the necessary right-of-way to complete the public improvements. On August 23, 1995,' the Planning Commission conducted a public hearing to consider modifications to the approved site plan and conditions of approval for the gas station and mini-market application. After receiving testimony on the application, the Commission determined that since they did not have the authority to initiate condemnation proceedings, any discussion of off-site improvements would be premature. The Commission felt that the improvements should not be deleted across the liquor store site for the following reasons: Widening of Foothill Boulevard was necessary to provide greater safety for vehicles entering the site from Foothill Boulevard. The widening created, in essence, a right- turn pocket so vehicles entering the site would be out of the normal travel lanes. The combination of the three drive approaches on the Red Hill Liquor Store and In- N-Out Burger sites into one drive approach was necessary to better control access to Foothill Boulevard and minimize turning conflict of vehicles entedng or exiting the site. The parking lot and landscape improvements are necessary to bring the Liquor Store site into greater conformity with the Foothill Boulevard Specific Plan requ!rements. 2rSResPe ly Submitted, BB:SM:mlg Attachments: Exhibit "A" - Applicant Letter of Appeal Exhibit "B" - Planning Commission Staff Report dated August 23, 1995 Exhibit "C" - Planning Commission Resolution Exhibit "D" - Planning Commission Draft Minutes of August 23. 1995 Exhibit "E"- Street Improvement Plans .__.~ Resolution of Denial CHAI~LE$ S. VOSE CONNIE COOKE 5ANDIFER JANEe~ DUFF MURPHY EDWARD W, LF'r ROGER W. SPRINOER STEVEN B, OUINTANILLA MARY L, MCMA~TER ARTHUR J. HAZARAi;irDIAN JUDITH FAYE ROmERT$ BRADLEY E. WOHLENRERO LAW OFlrlCi,'i OLIVE;R, BARR r~, VOSE THE PARK ,~OUTH FIOUEROA ~TREET, SECOND FLOOR LOG ANGrLri. CALIFORNIA 90012 TELEPHONE (~'131 I~l-~'O00 TELECOPIER Ill3) 6~'1-2211 OF COUNI~F"L WILLIAM B. 8ARR RECEIVED Auc~st 29, 1995 ~ry OF RCAiNCH0 CUCAMONG.~ TY CL~I~K City Clerk City of Rancho Cucamonga Rancho Cucamonga Civic Center 10500 Civic Center Drive Rancho Cucamonga, California 91729 SEP 0 5 1995 i'll ~ ~, i.~Oi ;~-i zz~ ~tj 21514f5 Re: Modification to Conditional Use Permit 93-46 Dear City Clerk: You are hereby notified that applicants Arturo Flores and Diana Flores hereby appeal to the City Council the decision of the Planning Commission and the Resolution to deny said applicants request for a Modification of Conditional Use Permit 93-46. Said decision was made on August 23, 1995. .Enclosed is a check made payable to the City Clerk in the amount of $126.00. Please schedule the appeal hearing at the earliest possible date and notify the undersigned of the date of said hearing. Very truly yours, · h of OLIVER, BARR i VOSE JDM:crn enclosures cc: Arturo and Diana Flores CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 23, 1995 Chairman and Members of the Planning Commission, Brad Buller, City Planner Scott Murphy, AICP, Associate Planner MODIFICATION TO CONDITIONAL USE PERMIT 93-46 - FLORES - A request to modify the approved site plan and certain conditions. of approval for a previously approved gas station and mini-market in the Community Commercial designation (Subarea 2) of the Foothill Boulevard Specific Plan, located at the southeast comer of Foothill Boulevard and Vineyard Avenue - APN: 208-192-06 and 07. BACKGROUND: On July 27, 1994, the Planning Commission approved Conditional Use Permit 93-46 for the construction of gas station and mini-market on a .63 acre parcel at the southeast corner of Foothill Boulevard and Vineyard Avenue. At the time of approval, the applicant owned both the gas station site and the adjoining Red Hill Liquor site. Because of the size of the gas station site and the dependence on the liquor store for access to Foothill Boulevard, the two sites were considered as part of the same application. The applicant proposed improvements to the liquor store site that would bring the site into closer conformance with the Foothill Boulevard Specific Plan development standards. Street improvements, formal hardscape and street tree planting would be provided along the property frontage. Landscaping and a rock screen wall would be provided behind the public right-of-way to screen the parking area. The parking area would be restriped consistent with Code requirements. The access to In-N-Out Burger would be revised to access through the liquor store site, thereby eliminating a drive approach on Foothill Boulevard. In October 1994, the applicant sold the Red Hill Liquor store to the current property owner. In the process of transferring title, the applicant obtained easements for the construction of the trash enclosures and for reciprocal access across the liquor store site. The escrow instructions for the sale indicated that the applicant would be constructing improvements across the front of the liquor store site and that the buyer was aware of these improvements. Prior to the close of escrow, however, the applicant did not obtain the PLANNING COMMISSION STAFF REPORT CUP 93-46 - FLORES August 23, 1995 Page 2 necessary legal documents (e.g. dedications, easements, right-of-entry) to allow construction of the street and on-site improvements. The applicant has indicated that the liquor store property owner has been unwilling to provide the necessary agreements to the applicant. ANALYSIS: Because of their inability to obtain the necessary agreements to complete the improvements across the liquor store site, the applicant is requesting two actions by the City. First, the applicant is requesting the City initiate condemnation proceedings against the liquor store site. Condemnation of the right-of-way would allow the applicant to install the street improvements, including curb, gutter, sidewalk, and drive approach. These improvements would combine the three drive approaches on the liquor store and In-N-Out Burger sites into one approach on the liquor store site. The majodty of the street trees and formal landscaping will be installed within the public right-of-way. A Condition of Approval has been incorporated into the Resolution stating that the applicant shall make a good faith effort to obtain the dedication prior to the City's initiating condemnation proceedings. The cost of the condemnation would be paid by the applicant. The second action requested by the applicant is a modification to the approved site plan to eliminate those improvements on the liquor store site. As noted previously, the approved plans call for the construction of landscaping and a screen walt behind the public right-of-way, restriping the parking lot, the installation of landscaping adjacent to the liquor store building, and the construction of a median at the Foothill Boulevard drive approach. While the majority of these improvements are aesthetic in nature, the opportunity to bring the site into closer conformity with the development standards, as previously agreed to by the applicant, will be greatly reduced. With previous applications, the Planning Commission required the applicant to obtain the consent of the liquor store owner for the improvements necessary to complete the street and parkway improvements. The applicants for Conditional Use Permit 88-03, the prior application approved in September 14, 1988, had reached an agreement with the property owner to install the improvements consistent with the required improvements of this application. W'~hout the property owners consent, the applicant would not have the ability to complete the project and, in essence, have "no project." Rather than simply waiving the requirements, staff recommends that the applicant be 'required to enter into an agreement requiring the posting of a cash deposit to cover the cost of the on-site improvements. The applicant must then make a good faith effort to obtain the right-of-entry to install the improvements in conformance with the originally approved plans. Only after the applicant has exhausted all reasonable efforts without success would the deposit be returned to the applicant. PLANNING COMMISSION STAFF REPORT CUP 9346 - FLORES August 23, 1995 Page 3 RECOMMENDATION: Staff recommends that the Planning Commission approve the modification to Conditional Use Permit 9346 with the condition that the applicant post a cash deposit to cover the on-site improvement costs. A Resolution of Approval containing this condition has been attached for your adoption. Respectfully submitted, City Planner BB:SM:mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Original Site Plan Exhibit "C" - Revised Site Plan Resolution Approving Modification to CUP 9346 August 13, 1995 RECEIVED Plar~ing Commission City of Rancho Cucamonga 10~O0 Civic Center Drive 'Rancho Cucamonga, Ca 91729 Vineyard Shell 89 19 Foothill B!vd. Rancho Cucamonga, CA C. U. P~ #93-46 AUG 15 1995 City of Rancho Ouoamonga Planning Division Dear Commissioners: The: developers,~ Art and Diana Flores are submitting a revised site plan for consideration and approval to amend the existing Conditional Use Permit for the above referenced project. This request is necessary for the project to proceed. The: C.U.P. apptovai encompasses the common vehicular ingress and egress involving three separate parcels. Unfortunately, the owner of parcel two has illustrated his unwillingness to agree to the conditions of approval. The owner of parcel two was in attendance at the planning commission meeting for the presentation of the project. No objections were voiced at this time. The: Floras have made repeated attempts to obtain the easement document approval from the owner of parcel two. These easements would include on-site and off-site improvements and access. The lack of cooperation from the owner .. ~.,~ of parcel two have/eft the Fiores with no other alternative but to file for this ~'~~~ amended C.U.P.' We are requesting that the C.U.P. be amended to omit the , :' reqe/rements of on-site improvements to parcel two. . ' Your understanding and approval will be greatly appreciated. · Sincerely, ~;~ WeSley Okamoto Art :arid Diana Flores cc: Horatio Santos Jim Brannan  Scott Murphy iii ~ (909) 393-8934 15675 altarhire drive, chino hills, ca 91709 pager (909) 482-3112 fax (909) 597-5444 ,_~ oJ. owv~o ,~'~'~A~ ll3HS OBVA3N~A =~ '42 (~0 O,LOMV'~IO A'llSlm~i '\F ll3HS O~VX3NIA :) / / / / / x \ \ "1"13HS 0BVA3NIA 1 -"-'~" .....4ijll IITM ! ,I j ! i ' :::lAy d't~Y~N [ A ,,t ii RESOLUTION NO. 95-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 93-46, A REQUEST TO MODIFY THE APPROVED SITE PLAN AND CERTAIN CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED GAS STATION AND MINI-MARKET IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-192-06 AND 07. A. Recitals. 1. Art and Diana Flores have filed an application for a modification to Conditional Use Permit No. 93-46, as described. in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 27, 1994, the Planning Commission approved Conditional Use Permit 93-46, subject to certain conditions, through adoption of Planning Commission Resolution No. 94-67. 3. On August 23, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites pdor to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the ,City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission dudng the above- referenced public headrig on August 23, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Foothill Boulevard and Vineyard Avenue with a street frontage of 140 feet along Foothill Boulevard and 155 feet along Vineyard Avenue and is presently vacant; and b. The property to the north of the subject site is designated for commercial uses and is developed with a retail center. The property to the south is designated for residential uses and is developed with a residential condominium project. The property to the east is designated for commercial uses and is developed with a liquor store. The property to the west is designated for commercial uses and is vacant; and c. The development of the gas station and mini-market is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and PLANNING COMMISSION RESOLUTION NO. CUP 93-46 - FLORES September 13, 1995 Page 2 95-39 d. The application contemplates acquisition of right-of-way across the frontage of the Red Hill Liquor Store site. The ability to initiate proceedings to acquire the right-of-way rests solely with the City Council. Should the City Council decide not to initiate condemnation proceedings to acquire the right-of-way, the application would result in the following: i. The original approval required the combination of the three drive approaches on the Red Hill Liquor Store and In-N-Out Burger sites into one approach on the Liquor Store site. The combination of these drive approaches results in safer vehicular movements and greater access controls to Foothill Boulevard. Elimination of these requirements will result in the continuation of unsafe, uncontrolled turning movements, posing a threat to public safety; and ii. The odginal approval required the widening of Foothill Boulevard across the front of the gas station and liquor store sites. This widening created, in effect, a right turn lane for vehicles entering the subject site. This widening will allow the vehicles to pull out of the travel lanes, thereby creating safer access to the site; and e. The odginal application, together with the attached conditions of approval, complies with the standards of the Development Code. Elimination of the frontage improvements across the Red Hill Liquor Store site will result in a project which does not meet the requirements of the Foothill Boulevard Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the July 27, 1994, and the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use, together with the conClitions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. b. The proposed use does not comply with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995. PLANNING C~/IMISSI(~,OF THE CITY OF RANCHO CUCAMONGA B Y~B~a rk · r~C~ '11 · ani~ ATTEST~ ec~ PLANNING COMMISSION RESOLUTION NO. CUP 93-46 - FLORES September 13, 1995 Page 3 95-39 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of September 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNI EL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY RBrl~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DNISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time LImits 1. Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of ~lr ,-- -* IL 2. Development/Design Review shall be approved prior to / / 3. Approval of Temative Tract No. is granted subject to the approval of Completion Datc / /__ / /.__ / / The developer shall comrne rice, participate in, and consummate or cause to be commenced, participated in, or consummated, a Melio-Roos Community Facilities District (CFD) for the Rancho Cucarnonga Fire Protection Distrial to finance construction and/or maintenance of a fire station to serve the development. The station shall be ioceted, designed, and built to all specifications of the Rancho Cucarnonga Fire Protection District, and shall become the District's proparty upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developor shall comply with all applicable laws and regulations. The CFD shall be formed by the Distrial and the developer by the time recordation of the final map occurs. Prior to recordation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary sChool facilities. However, if any school district has previously established such a Community Fadlities District, the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building parmils. whichever comes first. Further, if the affected school district has not formed a Melio-Roos Community Facilities Distrial within twelve months from the date of approval of the project arid prior 1o the fecordalion of the final map or issuance of building permits for said project, this condition shall be deemed null and void. / t__ so- ~o/94 This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. Prior to recordation of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities am or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development V/ 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Specific Plan and Planned Community. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. ,/,- Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshairs regulations have been complied with. Prior to occupancy, plans shall be submilted to the Rancho Cucamonga Fire Protedion Distrial and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to issuance of building permits. All site, grading, landscape, irrigation. and street improvement plans shall be coordinated for consistency priorto issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections of the Development Code, all other' applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sheritrs Department (989-6611) pdor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent proparties. 10. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, betruing, and/or landscaping to the satisfaction ot the City Planner. Comp|edon Date: / / / / / /__ / L__ / / /__ / /__ / L__ 11. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval priorto approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine animals where zoning requirements forthe keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to beards of directors or homeowners' associations for amendments to the CC&Rs. 15. The Covenants, Conditions, and Restridions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with lhe Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the CRY Engineer. 18. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for CRy Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures or any other object, except for utility wires and similar objects, ~rsuant to Development Code Sealion 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shall be developed and maintained in accordance with the Historic Landmark Alteration Permit No. . Any further modifications to the site including, but not limited to, exterior alterations and/or interior alterations which affect the exteriorof the buildings or structures, re rnoval of landmark trees, demelltion, reiocation, reconstruction of buildings or structures, orchanges to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Cornmission review and approval. C, Building Design An aifemative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. All dwellings shall have the fronl, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to CRy Planner review and approval prior to issuance of building permits. Completion Date: / /__ / /.__ / / / /.__ / / / / / /.__ / / / /__ sc- ~o/94 3 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for City Planner and Building Official review and approval priorto issuance of building permits. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architedurally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Access (indicate details on building plans) v/' 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double striped par City standards and all driveway aisles, entrances, and exits shall be striped par City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval pdor to issuance of building permits. E. Landscaping (for publicly malmalned landscape arms, refer to Section N.) 1. A detailed landscape and irrigation plan, including slope planting and model home landscap- ing in the case of residential development, shell be prepared by a licensed landscape architect and submitted for City Planner review and approval priorto the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape pins. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting and tdrnming methods. A minimum of trees pergross acre, comprised of the following sizes, shall be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, __ % - 24- inch box or larger, % - 15-gallon, and __ % - 5 gallon. ;. A minimum of ~ % of trees planted within the project shall be specimen size trees - 24-inch box or larger. Within parking lots, trees shall be planted at a rate of one 15-galion tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. Completion Date: / / / / / / /__ / /~ / / / / / /.__ / / / / / / /__ / / sc - ~o/94 4 ~;~ ~ v/ 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slope banks 5 feet or less in vedical height and of 5:1 or greater slope ,.but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in vedical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condltic n by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspedlon. shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and non-residential development, property owners are respen- sible for the continual maintenence of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, deed, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 11. Front yard landscaping shall be required per the Development Code and/or · This requirement shall be in addition to the required street trees and slope planting. 12. The final design of the pedrneter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with horizontal change), and intensified landscaping, is required along 14. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteda shall encourage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be designed to conserve water through the principles of Xedscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. Completion Dam: / /__ / /.__ / / / / / /~ / / / / / / /.__ F. SIgns The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval pdor to issuance of building permits. Directory monument sign(s) shall be provided for apadment, condominium, or townhomes prior to occupancy and shall require separate application and approval by the Planning Division pdor to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any properly. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to beiow45CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conforrnance with the mitigation measures contained in the final repod. H. Other Agencies 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire Protection District Standards. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times dudng construction in accordance with Rancho Cucarnonga Fire Protedion Distdct requirements. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamonga Fire Protection District that ternporary water supply for fire protection is available, pending completion of required fire protection system. The applicant shall contact the U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. Completion Date: / / / / /__/ / /__ / / / / / /__ / / / / , For projects using septic tank facilities, wdtlen certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. / / sc- 1o/94 6 APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. SIte Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes. ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. ,/ Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but am not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include. ~ are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addresses sha~~ be pmvided by the Building ~~icia~~ aftertrac.t~parce~ map recordati~n and prior to issuance of building permits. J. Existing Structure 1. Provide compliance with. the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be dornolished. 3. Existing sewage disposal fadlilies shall be removed, filled and/orcapped to comply with the Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities am to be located and shown on building plans submitted for building permit application. K. Grading t/' 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact San Bemardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance of rough grading permit. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plans shall be completed and appmved priorto issuance of building permits. Comp[edon Date: / / /__ / /.__ / / / / / / /,__ / / / / / / / SC- 10/94 6. As a custom-lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safety Division priorto final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatedng and protecting the subdivided properties, are to be installed pdor to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building and grading permits. (This may be on an incremental or cornl~site basis.) e, All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided. This requirement does not release the applicantJdeveloper from compliance with the slope planting requirements of Section 17.08.040 1 of the Development Code. Completion Date: /.__/ L__/ / /.__ / / APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication ar~l Vehicular Access Rights-of-way and easements shall be dedicated to the City for all intedor public streets, community trails, public paseos, public landscape areas, street trees, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot clrainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. Dedication shall be made of the following rights-of-way on the podmeter streets (measured from street centedine): ~a'VZ:v74:::l~$ total feet on total feet on total feet on total feet on . 3. An irrevocable offer of dedication for for all private streets or drives. -foot wide roadway easement shall be made 4. Non-vehicular access shall be dedicated to the City for the following streets: / /__ Reciprocal access easements shall be provided ensudng access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 8 / 6. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 7. The final map shall dearly delineate a 10-foot minimum building restriction area on the neighboring lot adjoining the zero lot line wall'and contain ihe following language: "l/We hereby dedicate to the City of Rancho Cucamonga the fight to prohibit the construction of (residential) buildings (or other structures) within those areas designated on the map as building restriction areas." A maintenance agreement shall also be granted from each lot to the adjacent lot through the CC&R's. ,/ All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the final map. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private property. 10. Additional street right-of-way shall be dedicated along right tum lanes, to provide a minimum of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. 11 · The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required forthe improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security for a pertion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at developar's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. M. Street Improvements t/ 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement drive approaches, sidewalks, street lights, and street trees. 2. A minimum o126- foot wide pavement, within a 40 -foot wide dedicated right-of-way shall be constructed for all half-section streets. 3. Construct the following perimeter street improvements including, but not limited to: Completion Date: / /.__ / / L__ / / / / / I__l__ STREET NAME CURB · A.C. SI:)E- DRIVE STREET STREET CQMM MEDIAN BIKE GUTTER PVMT WALK APPR. LIGHTS TREES TRAL LqI,ANO TRAIl, OTHER sc- 1o/94 v' ,/ Notes': (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and ovedays will be determined dudng plan check. (c) If so marked, side- 4. Improvement plans and construction: Street improvement plans including street trees and street lights, prepared by a regis- tered Civil Engineer, shall be submitted to and appmved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attomey guaranteeing completion of the public and/or pdvate street improve- ments, prior to final map approval or the issuance of building permits, whichever occurs first. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineers Office in addition to any other permits required. c. Pavement striping, marking, traffic, street name signing, and interconnect conduit shall be installed to the satisfaction of the City Engineer. Signal conduit with pull boxes shall be installed on any new construction or reconstruction of major, secondary or collector streets which intersect with other major, secondary or collector streets for future traffic signals. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, EC R or any other locations approved by the City Engineer. Notes: (1) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch galvanized steel with pullrope. e. Wheel chair ramps shall be installed on all four comers of intersedions per City Standards or as directed by the City Engineer. Existing City roads requiring construction shell remain open to traffic at all times with adequate detours dudng construction. A street closure permit may be required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family lots. h. Handicap access ramp design shall be as specified by the City Engineer. i. Street names shall be approved by the City Planner prior to submittal for first plan check. 5. Street improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior. to any work being performed on the pd- vate streets, fees shall be paid and construction permits shall be obtained from the City Engineers Office in addition to any other permits required. 6. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. Completion Date: / /.__ I /__ / /__ / /.__ / / / / I I I L__ I I / /__ sc- lo/94 10 7.~ 7. Intersection line of site designs shall be reviewed by the City Engineer for conformance with adopted policy. a. On collector or larger streets, lines of sight shall be plotted for all projed intersections, including driveways. Walls, signs, and slopes shall be located outside the lines of sight. Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved, usually by moving the 2 +/- closest street trees on each side away from the street and placed in a street tree easement. 8. A permit shall be obtained from CALTRANS for any work within the following right-of-way: 9. All public improvements on the following streets shall be operationally complete pdor to the issuance of building permits: Complcdon Date: / / / /~ / N. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval pdor to final map approval or issuance of building permits, whichever occurs first. The following landscape parkways, medians, paseos, easements, trails, or other areas are required to be annexed into the Landscape Maintenance District: / / 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer pdor to final map approval or issuance of building permits whichever occurs first. Formation costs shall be bome by the developor. 3. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautifioatlon Master Ran: /__/ / O. Drainage and Flood Control The project (or portions thereof) is located within a Flood Hazard Zone; therefore, fioed protection measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. It shall be the developers responsibility to have the current FIRM Zone designation mrnoved from the project area. The deveioper's engineer shall prepare .all necessary rapotis, plans, and bydrologic/hydraulio calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichaver occurs first. A Lelter ol Map Revision (LOM R) shall be issued by FEMA prior to occupancy or improvemaN acceptance, whichever occurs first. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. / / 4. A permit from the County Flood Control District is required for work within itsright-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street. P. Utilities / ,/ 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable 'IV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2.The developer shall be responsible for the relocation of existing utilities as necessary. 3.Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San BernardinD. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Completion Date: / / / / / / / Z__ / /__ Q. General Requirements and Approval~ 1. The separate parcels contained within the project beundades shall be legally combined into one parcel prior to issuance of building permits. 2. An easement for a joint use ddveway shall be provided prior to final map approval or issuance of building permits, whichever occurs first, for: / / / / 3. Prior to approval of the final map a deposit shell be posted with the City covering the estimated cost of apportioning the assessments under Assessment District among the newly created parcels. 4. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 5. Permits shall be obtained from the following agencies for work within their right-of-way: / /,__ / /__ 6. A signed consent and waiver form to join and/or form the Law Enforcement Community Fadlitles District shall be liled with the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. Formation costs shall be berne by the Deveiopar. Prior to finalization of any development phase, suffident improvement plans shall be com- pleted beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the appmved tentative map. / / / l__ APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-6405, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Mello RoDs Community Facilities District requirements shall apply to this project. sc- 1o/9~ 12 / / ,/ ,/ 2. Fire flow requirement shall be x//¢~¢~ gallons per minute. v/c, A previous fire flow, conducted gpm available at 20 psi. revealed A fire flow shall be conducted by the builder/developer and witnessed by fire depadment personnel prior to water plan approval. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy.. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operahie priorto delivery of any combustible building materials on site (i.e., lumber, roofing matedais, etc.). Hydrants flushing shall be witnessed by fire department personnel. Ex isti ng fire hydrant locations shall be provided priorto water plan approval. Required hydrants, if any, will be determined by this department. Fire District standards require a 6" dser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. Prior to the issuance of building permits for combustible oonstructlon,evidence shall be submitted to the Fire District that temporary water supply for fire protection is available, pending completion of required fire protection system. 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 7. An automatic fire extinguishing system(s) will be required as noted below: V/ Per Rancho Cucamonga Fire Protection District Ordinance 15, Other / /.__ /.__/ / /.__ / / / / / Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacudhg, spray painting, flamrnable liquids storage, high piled stock, etc. Contact Fire Safety Division to determine if sprinkler system is adequate for proposed operations. Sprinkler system monitoring shall be installed and operationaJ immediately upon completion of sprinkler system. A fire alarm system(s) shall be required as noted below: Per Rancho Cucamenga Fire Protection District Ordinance 15. California Code Regulations T~tle 24. NFPA 101. Other /__/ 10, Roadways within project shall comply with the Fire Districts fire lane standards, as noted: All roadways, Other sc- 1o/94 13 11. Fire department access shall be amended to facilitate emergency apparatus. 12. Emergency secondary access shall be provided in accordance with Fire District standards. 13. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times dudng construction in accordance with Fire District requirements. V/ 14. All trees planted in any median shall be kept tdmmed a minimum of 14'6" from ground up so as not to impede fire apparatus. 15. A building directory shall be required, as noted below: Lighted director within 20 feet of main entrance(s). Standard Directory in main lobby. Other v/ 16. A Knox rapid entry key vault shall be installed pdor to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. V/ 17. GatecVrestricted entry(s) requ ire installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordedng information. 18. A tenant use letter shall be submitted prior to final building plan approval. V"' 19. Plan check fees in the amount of $ ~ have been paid. An additional $ (¢~. "' shall be paid: v/ Prior to water plan approval. I/' Prior to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 20. Special permits may be required, depending on intended use, as noted below: v/A. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or property. C. D. E. F. G. Storage of readily combustible material. Places of assembly (except churches, schools and other non-profit organizations) Bowling alley and pin refinishing. Cellulose Nitrate plastic (Pyroxylin). Comb4jstible fibers storage and handling exceeding 100 cubic feet. Garages Motor vehicle repair (H-4) Lumber yards (over 100,000 board feet). / /.__ / / /__ / / / / / / / / / L__ /__/ sc- 1o/94 14 ?(? M. N. O. v/p. V/Q. R. V/S. T. v/U. V. W. Tire rebuilding plants. Auto wrecking yards. Junk or waste material handling plants. Flammable finishes. Spraying or dipping operations, spray booths, dip tanIs, electmstatio apparatus, automobile undercoating, powder coating and organic peroxides and dual com- ponent coatings (per spray booth). Magnesium (more tha 10 pounds per day). Oil burning equipment operations. Ovens (industrial baking and drying). Mechanical refrigeration (over 20 peunts of refrigerant). Compressed gases (store, handle or use exceeding 100 cubic feet). Cryogenic fluids (storage, handling or use). Dust-producing processes and equipment. Flammable and combustible liquids (storage, handling or use). High piled combustible stock. Liquified petroleum gas (store, handle, transport or use more than 120 gallons). Matches (more than 60 Matchrnan's gross). Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. sc- 10/94 15 ill - Ee DeAFT FoR' DIscussioN PURPOSES ONLY MODIFICATION TO CONDITIONAT, USE PERMIT 93-46 - FT.OPRS -A request to modify the approved site plan and certain conditions of approval for a previously approved gas station and mini-market in the Community Commercial designation (Subarea 2) of the Foothill Boulevard Specific Plan, located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN 208-192-06 and 07. Scott Murphy, Associate Planner, presented the staff report. Chairman Barker asked what would happen if the Planning Commission took certain actions and the City Council decided not to proceed with condemnation. Mr. Murphy outlined on a map the two existing driveway locations on the liquor store site. Me pointed out the proposed improvements with a new driveway constructed. Me said if the City Council elected not to condemn the liquor store site, the City might take a lien agreement or cash deposit for future improvements if and when the whole section of Foothill Boulevard could be completed. He said there is concern that doing improvements on the gas station site and providing a taper or temporary curb and gutter could lead to maintenance problems for Caltrans. He said another option would be for the gas station to complete their improvements with a taper and improvements behind the taper could be'completed at some future time. He said that would leave the two existing drive approaches on the liquor store site. He thought there would also be a possibility of closing off one of those driveways because the existing driveways are within the right-of-way. Chairman Barker asked if there had been a consideration that any modification approved by the Commission be contingent upon the pursuance of condemnation procedures by the City Council and failure of the Council to enact condemnation would reverse the Planning Commission action. Brad Bullet, City Planner, stated the Commission could add such a condition. Commissioner Tolstoy asked what would happen if the driveways are left as they currently exist. Mr. Murphy outlined where landscaping would be in place and the access. Commissioner Lumpp asked if the parcels have reciprocal access. Mr. Murphy stated he had seen documents to indicate there is reciprocal access across all three parcels. Commissioner Tolstoy felt that would be the best solution. Commissioner Lumpp questioned if staff had asked the adjacent property owner why he would not grant the right to have their property improved. Mr. Murphy replied the liquor store owner has objections to the proposed location of the drive approach from Foothill Boulevard being on the east side of his 'property and has requested that it be on the west side of his property. He said he has concerns about his patrons backing out of the parking in front of his store into the drive aisle if the driveway is located on the east side of his property. Chairman Barker asked why the driveway could not be located where the liquor store owner prefers it. Planning Commission Minutes -12- August 23, 1995~ Mr. Murphy responded the driveway location was determined based upon the distance from the Vineyard Avenue and Foothill Boulevard intersection. Dan James, Senior Civil Engineer, stated the proposed driveway is 220 feet from the curb return of the intersection. Chairman Barker asked if there is not currently a driveway at the location the liquor store owner would like it to be placed. Mr. James responded there is currently an asphalt driveway in that location. Mr. Murphy stated that currently the driveway approach is simply rolled asphalt, not an approach built to City standards. Chairman Barker noted there has been a driveway there for a long time. Commissioner Tolstoy asked why a driveway could not be left there since there is already one in place. Commissioner Melcher thought parking would be reduced if the driveway is allowed to remain on the west side of the liquor store site. He noted that if the driveway is moved to the west side of the'liquor store site, the lost parking spaces could not be moved to the east side of the liquor store site because that would obstruct the entrance to the In-N-Out site. He thought that moving the entrance to the In-N-Out further south on the In-N-Out parcel to accommodate moving of the driveway to the west side of the liquor store site, would also interfere with the existing drive-thru lane and delete parking on the In-N-Out site. Mr. Murphy agreed that in order to accommodate moving the driveway to the west on the liquor store site, parking would be lost and the circulation on the In-N- Out site would be negatively impacted. He said staff has not pursued a scenario of moving the driveway to the west side of the liquor store site because it is felt that will be too close to the intersection. Mr. James said that the City has reduced the minimum distance necessary in certain instances. He stated he had not been personally informed that the liquor store owner wanted the driveway on his west property line. He said the driveway on the south boundary of the property is less than the 200 feet from the intersection, but staff was recommending that it be allowed to go less than the standard 200 feet because it is the best location that can be obtained on the site. Commissioner McNiel felt the originally proposed configuration is the best to serve all three properties. Commissioner Melcher stated he was chagrined that the project is back before the Commission with no effort to address a concern he had raised on several occasions. He asked that the impact of adding a Church's Fried Chicken franchise to the service station be considered. He asked that the Commission consider whether people will be coming to this constricted lot to buy chicken rather than gas. He feared that having people utilize the parking spaces while they wait five to ten minutes for their dinner to be prepared will further congest a site that is already too congested and was only approved because it was felt it was the only way the property could be developed. Planning Commission Minutes -13- August 23, 1995~ ~:'C;~ D~"'Ct 'S~')ON PURPOSES ONLY Ms. Bullet noted that staff had received a letter from the property owner across Vineyard Avenue expressing the opinion that traffic not be allowed to make a left turn when exiting the site on Vineyard Avenue. Duff Murphy, 28'1 South Figueroa Street, Los Angeles, stated he is the attorney for the applicant. He said Mr. Flores was available to answer any questions the Commission may .have. Art Flores, 3762 Henderson Place, Claremont, stated the Church's chicken would be available strictly for take-out. He said they had applied for all the permits and he had complied with all of the City's requests. He asked for approval of his application. He said the project has been in process for three years and it has been a difficult application. He also stated that the chicken is prepared on site and kept in a warmer for up to 45 minutes, at which time fresh product is prepared. He'said there should usually always be fresh product available for the customers resulting in very fast transactions. Commissioner Melcher asked how many square feet would be devoted to the chicken operation. Mr. Flores said it would be approximately 450 square feet. He indicated what portion of the service station would be devoted to the chicken sales. Commissioner Melcher asked if service station staff would handle the chicken sales. Mr. Flores replied he is the franchisee for Church's Chicken. Commissioner Melcher asked if there are presently any other service station operations in Southern California where this is being done. Mr. Flores said there are several stations with this new concept; one in Murietta with a McDonald's in a Mobil station, a Taco Bell in La Verne, and several others proposed. Commissioner Lumpp asked for a comparison to purchasing a hot dog at an ARCO mini-mart. Mr. Flores said it should take approximately the same time because the product is already prepared. He said they would only be serving fried chicken, mashed potatoes, and certain types of vegetables and all food would be pre-prepared. He said Ithe cashier would take the food from the warmer and give it to the purchaser and the purchaser would serve their own drink from the fountain. Commissioner Lumpp asked why the applicant cannot come to a resolution with the adjacent property owner regarding the property improvements. Duff Murphy stated that when the property was sold to the adjacent owner, Mr. Flores thought the issue had been addressed. He said that when the City requested a reciprocal agreement with the adjoining property owner tO permit some of the offsite improvements to be constructed, the adjoining property owner (Mr. Sandhu) resisted signing the agreement. He indicated there appears to be a breakdown in communications and a disagreement over what was agreed to when the property was sold. He stated there is clearly reciprocal access across the three properties and Mr. Flores also reserved the driveway easement on Foothill Boulevard in the configuration on the previously approved plan and the plan before the Commission this evening. He said attorneys were not involved in drawing up the buy/sell agreement and the exact limitation of how much land was Planning Commission Minutes -14- AuguSt 23, 19958~ Di;L- FT FOR DISCUSSION PIJRPO jES ONLY necessary for dedication on Foothill Boulevard and the delineation of that dedication. He stated that because the requested 15 feet was not specifically delineated, there is a question of how much land Mr..Sandhu is required to dedicate. He reported that Mr. Flores is now not able to obtain that 15 feet and Mr. Flores is willing to agree to make a good 'faith effort to acquire that dedication, but requests that the City initiate condemnation proceedings at his expense if he is unable to obtain the dedication. He understood that the City Council, rather than the Planning Commission, would have to initiate the condemnation proceedings. Mr. Murphy did not feel the City Council would have the authority to condemn property for the proposed landscape area and stated Mr. Flores would post a cash deposit to cover the cost of the on-site improvements, which would be refunded to Mr. Flores if he is unable to obtain agreement for the installation of the landscaping. He noted that if the liquor store is developed in the future, the Commission would have the opportunity to further address the landscaping issue. Commissioner McNiel asked if Mr. Sandhu saw the plans prior to the sale transaction. Mr. Flores said that Mr. Sandhu approached him to purchase the property because his master lease was going to expire later this year. He said he had explained his project and shown plans to Mr. Sandhu and they had an agreement that he would cooperate for the completion of the project. Duff Murphy said he did not believe Mr. Sandhu was present when the Commission previously considered the Conditional use permit, but he thought Mr. Sandhu's wife and daughter were present at the hearing. Mr. Flores said Mr. Sandhu saw the plans on several occasions and was aware of the reciprocal entrance with In-N-Out. Commissioner McNiel asked if a Conditional use permit carries with a property when it is sold if the Conditional use permit covers reciprocal access across the property. Ralph Hanson, Deputy City Attorney, replied that the reciprocal access agreement has b~en recorded against the properties and does perpetually bind all three properties. He said that agreement had been reviewed by the City when the map was recorded. Commissioner McNiel asked if the accompanying plans for the Conditional use permit are affected. Mr. Hanson stated Conditional use permit plans also run with the land. Commissioner McNiel asked if the landscaping would then be enforceable. Mr. Hanson replied the owner has changed. He said the project was not for the liquor store and the City can now only hold up the service station project as a means of enforcement. Commissioner Melcher stated he was puzzled that the cash deposit Mr. Flores was being asked to make would revert back to him if he is unable to get Mr. Sandhu to agree to on-site improvements on the liquor store property. He thought the money should revert to the City because he thought the City will be called upon to solve problems resulting from an underdeveloped parking lot being used for ingress and egress to the service station and he thought the deposit money could help defray any costs the City incurs. Planning Commission Minutes -15- AuguSt 23, 1995g~ DRA. FT D!SCUSSIoN PuRPoS s ONLY Mr. Hanson stated the money is for good faith funds for private improvements, not public improvements, and the City would not go onto private property to improve a liquor store. He noted that the public improvements will be completed as part of the project. 'Scott Murphy stated the condition was placed in the resolution in order to enable the applicant to pull a building permit prior to knowing whether or not he would be able to complete the improvements. Co~nissioner Lumpp asked if Mr. Sandhu purchased the property before or after the Conditional use permit was approved. Mr. Flores replied Mr. Sandhu purchased the property after the approval. Duff Murphy believed the configuration of Foothill Boulevard had been approved in a configuration similar to what is now proposed, but that was subject to Caltrans approval, and when Caltrans approved the final design approximately three months later, it required an additional 3 feet over what the Planning Commission initially approved. He thought the sale had taken place prior to Caltrans' ultimate decision. Vernon Jolley, 15610 Terraceview Court, Riverside, stated he is an attorney representing Mr. Sandhu. He stated Mr. Sandhu contends he was not shown this map prior to purchase. He said the real issue does not concern the easement for the landscaping or sidewalks, but instead deals with the driveways which have been there for approximately 30 years and were a major consideration when his client paid over $500,000 for the property. He observed it is their .contention that the driveways were specifically discussed and they thought the bargain they were entering into dealt with the gas station using the existing west driveway. He said that Mr. Sandhu had not known that the western driveway would be eliminated and that there would be a common driveway for all three parcels, including In-N-Out. He noted the plans were approved when one person owned both the service station site and the liquor store and that one person could suffer losses from one business to another, but one person no longer owns both parcels. He felt Mr. Sandhu's liquor store will be boxed in by having only one driveway. He noted there are currently no parking stalls along the northern boundary and he felt elimination of the western driveway and putting in parking stalls will not benefit the liquor store, but only the gas station business. Me observed that the proposed setup will require flow-through traffic continually through Mr. Sandhu's property. He stated easements were granted with the idea that the western driveway would be most used by the gas station. He thought the fuel tanks are located on the southern portion of the service station site and felt that fuel trucks will enter from Vineyard, cross the liquor store property and exit via the eastern driveway. He felt this would cause increased liability exposure for Mr. Sandhu because of the increased traffic. He said Mr. Sandhu is willing to discuss landscape easements and public improvement setbacks and does not want a condemnation proceeding. He was not sure if In-N-Out is aware of the plan to combine driveways. Me said Mr. Sandhu would not have purchased the property if he had known about the proposal to eliminate the western driveway. Me asked that the City eliminate the restriction regarding driveways being located within 200 feet of an intersection. He noted that the driveway on Vineyard is less than 200 feet from the intersection. He asked that the City make an exception on Foothill Boulevard as well. Commissioner McNiel asked if Mr. Sandhu saw the plans prior to purchasing the property. Planning Commission Minutes -16- August 23, 199~ FOil ,"3~!GCU~SION PURPOS.ES ONLY Joe Sandhu, 1033 Pomello Drive, Claremont, stated he had not seen the plans until recently when he received a copy from the City. He said he had not seen the plans prior to purchasing the property and that he would not have bought the property if he had known the fuel trucks would be going across his property. He stated that when he went to the City, he was shown'plans that had been submitted by a previous developer which showed both driveways being kept and the two properties sharing the western driveway. Commissioner Lumpp questioned why a title report would not show the approved Conditional use permit. Scott Murphy stated that Conditional use permits are not typically recorded. He said only reciprocal access documents are recorded. He noted that the reciprocal access agreement is very generic and merely states there is reciprocal access across all three parcels without specifying drive approach locations or numbers. Commissioner Lumpp asked if Mr. Sandhu was totally oblivious of the approved Conditional use permit and plans at the time he purchased the property. Mr. Sandhu replied he was aware there would be improvements on Foothill Boulevard and he would end up giving up some property but he was not aware that only one driveway would be used for the service station and his property. He feared there will be traffic conflicts when his patrons back out of his parking spaces in front of his store because they will be backing into the drive aisle for the service station. Commissioner Lumpp asked if Mr. Sandhu was aware he would have to give up some of his property but was unaware there were any other approvals by the City regarding the property. Mr. Sandhu said that was correct. Mr. Jolley said an escrow instruction discusses certain requirements and improvements on Foothill Boulevard stating that the seller will be responsible for improving the property per the City's requirements in order to complete the project on the corner property and the improvements to the subject property will be on the Foothill Boulevard side of the new property and shall consist of putting in sidewalks and off-site work per plans approved by the City and government agencies. He said Mr. Sandhu was therefore aware there would be sidewalks and a widening of the boulevard. He stated there had been discussions about driveways and that it was agreed the west driveway would be used by the service station parcel. He said there were no discussions regarding the elimination of the west driveway and the installation of parking stalls that will only benefit the service station. Comissioner McNiel noted that the escrow instructions mentioned approved plans of the City and Mr. Sandhu did not seek out the plans. Mr. Jolley stated that because the instructions said the improvements "shall consist," Mr. Sandhu thought the plans had not yet been approved.. Commissioner McNiel noted the instructions also said "approved by the City," which he felt meant the plans were already approved. Mr. Jolley said that "shall" is a future tense. Planning Commission Minutes -17- August 23, 1995~7 DRAFT it did mean that the plans were not already approved. He felt that was something that attorneys and the courts may have to deal with. Mr. Jolley thought the matter could be settled if the City will allow both driveways to remain. He thought the matter of landscaping, sidewalks, and the widening of Foothill Boulevard could be worked out between the property owners. chairman Barker stated that the normal requirement along Foothill Boulevard is 300 feet and the approved driveway is already less than the 300 feet. Commissioner McNiel noted it is a safety consideration. Chairman Barker asked if Mr. Sandhu is opposed to the southern driveway off Vineyard Avenue. Mr. Jolley said it was his understanding that it will be in the location of the present alleyway. He stated Mr. Sandhu is not opposed to that driveway location or the improvements as shown. Diana Flores, 3762 Henderson Place, Claremont, stated they showed the plans to Mr. Sandhu when they first started discussions regarding his purchase of the property. She said they explained ~he conditions that the City was requiring so that their project could be completed. She said they walked through the parking lot and pointed out that the liquor store sign would have to be replaced when the western driveway was closed and the parking spaces were installed. She commented the escrow instructions include a paragraph that Mr. Sandhu would be responsible for future signs for the liquor store when that sign is removed. Chairman Barker asked if the plan depicted one driveway in the approved location. Mrs. Flores said that was correct. Mr. Flores said they sold the property in good faith at their cost. Mrs. Flores said the approved previous project which had been submitted by Abrams also showed elimination of the west driveway. She said they do not care if the western driveway .is eliminated, they just want their project to proceed. Hearing no further comments, Chairman Barker closed the public hearing. Commissioner McNiel felt it would be a benefit to the liquor store to have traffic travel across in front of their front door. He thought the project will make the liquor store more attractive. He also thought the parking along Foothill Boulevard will benefit the liquor store as well as the service station. He opposed moving the proposed driveway along Foothill Boulevard to the west because he felt it would be too dangerous to have it closer to the intersection. Commissioner Lumpp stated the objective of the original approval of the Conditional use permit was to better the conditions and improve the health and safety of the area. He was perplexed that Mr. Sandhu was totally oblivious of actions that were going on with regard to the service station approval and that he thought the two driveways would remain when only one driveway was proposed and approved. He noted that testimony had been given that Mr. Sandhu's family was at the earlier Planning Commission hearing. He agreed with Commissioner McNiel that the proposed traffic flow would focus on the front door of the liquor store property and should benefit the store. He thought the project will improve the property and he was amazed that Mr. Sandhu would be unhappy. Planning Commission Minutes -18- August 23, 1995~ ,-' '-~ ::'~:~',-~:-~SjON PURPOSES ONLY Chairman Barker asked Commissioner ~.umpp to address Mr. Sandhu's attorney's comment that their objective is to have two driveways. Commissioner Lumpp thought that one of the objectives of the original Conditional use permit was to modify the driveway entrances and combine them into one for all three parcels. He said the City Planner advised him that In-N-Out is well aware of the requirement to close their driveway and combine it into one driveway to make a safer condition. He did not believe two driveways is an appropriate solution, because he felt one combined driveway will make Foothill Boulevard safer. Commissioner Tolstoy noted the applicant was asking for two things; 1) condemnation, which only the City Council has the authority to do; and 2) elimination of improvements on the liquor store site. He was not ready to eliminate the improvements on the liquor store site until finding out if the City Council is ready to initiate condemnation proceedings. Commissioner Melcher noted that when the project went through the process it was subjected to several rigorous reviews by the Design Review Committee and discussed at great length by the Planning Commission. He felt it is a problem site and the intensity of development now being proposed is too great. He noted that it is nevertheless an approved project. He thought that what had been approved represents the very least level of development acceptable to the City under the circumstances. He stated he was not concerned with the private property owner's problems. He thought the conditions of approval should not be changed. He felt that as a Planning Commissioner, his responsibility is to be sure that development is in the best interest of the City and he did not feel it to be in the best interest to leave a less than safe driveway condition or to allow a development to do less than what was intended and live with a blighted appearance of the liquor store for years to come. He said he. could not support less than what was previously approved. Chairman Barker questioned if all of the Commissioners felt there should be only one driveway on Foothill Boulevard for the three because that would be the safest condition. Commissioner Tolstoy felt the driveways should be combined or the property should be left the way it is. Commissioner Melcher felt the Commission was not being asked to make a recommendation to the City Council with regard to the condemnation, but was only being called upon to diminish the requirements on the Conditional use permit and he was opposed to doing that. He indicated he was sympathetic to the Flores, but he felt they had made a business deal which resulted in a business problem. He did not feel it is the Commission's responsibility to solve business problems. He thought the Commission is to do the planning for the City and to see that private development best meets the goals of the City. Commissioner Lumpp agreed with Commissioner Melcher that it is the Commission's job to improve the community, not to resolve private property issueB~ He thought the conditions approved in July 1994 are in the best interest of the community and protects the health and safety of the community. Commissioner McNiel asked if it is in the best interest of the community that the site remains as it currently exists or if the Commission can alter the conditions to allow development and improvement of the property. He asked what costs would be incurred by the City if condemnation proceedings are undertaken. Planning Commission Minutes -19- August 23, 199~9 ..~,~, ~~0-~4 i~ RPOSES ONLY Mr. Hanson stated ~t wo~'-d-.be-m~ e~as~v, endeavor, but the costs would be borne by the developer. Commissioner McNiel felt the options are for the City to initiate condemnation, or the project will probably die. He thought one of the w~ys to arrive at a solution would be for the City to bring some pressure to bear. He felt the Commission should approve the requested modifications contingent upon condemnation action by the City Council. Commissioner Tolstoy did not want to change any of the conditions until the City Council makes a decision regarding condemnation proceedings. Chairman Barker said the Commission could act to approve the request to modify the Conditional use permit, approve the request contingent upon the City Council's agreeing to condemnation proceedings, or deny the request. He suggested the Commission could recommend that there be no changes and could also recommend that the City Council initiate condemnation procedures in order to allow the originally approved design. Mr. Buller said that if the Commission denies the application to amend the Conditional use permit but recommends that condemnation proceedings be instituted, the City would then be initiating and paying for the condemnation proceedings. Commissioner Melcher observed that the applicant would have the right to appeal to the City Council if the Commission denies the application and the City Council could then also consider the condemnation request. Motion: Moved by Melcher, seconded by Lumpp, to direct staff to prepare a resolution of denial for Modification to Conditional Use .Permit 93-46 for adoption on September 13, 1995. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT: NONE BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY - carried Planning Commission Minutes -20- August 23, 1995~ ~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 93-46, A REQUEST TO MODIFY THE APPROVED SITE PLAN AND CERTAIN CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED GAS STATION AND MINI-MARKET IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-192-06 AND 07. A. Recitals. 1. Art and Diana Flores have filed an application for a modification to Conditional Use Permit No. 93-46, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 27, 1994, the Planning Commission approved Conditional Use Permit 93-46, subject to certain conditions, through adoption of-Planning Commission Resolution No. 94-67. 3. On August 23, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. After receiving all public testimony, the Planning Commission directed staff to prepare a Resolution of Denial. 4. On September 13, 1995, the Planning Commission adopted its Resolution No. 95- 39, denying the application. 5. On September 5, 1995, the applicant appealed the Planning Commission's decision within the time limits prescribed by law. 6. On September 20, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. 7. All legal prerequisites pdor to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council dudng the above-referenced public headng on September 20, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Foothill Boulevard and Vineyard Avenue with a street frontage of 140 feet along Foothill Boulevard and 155 feet along Vineyard Avenue and is presently vacant; and CITY COUNCIL RESOLUTION NO. CUP 93-46 - FLORES September 20, 1995 Page 2 b. The property to the north of the subject site is designated for commercial uses and is developed with a retail center. The property to the south is designated for residential uses and is developed with a residential condominium project. The property to the east is designated for commercial uses and is developed with a liquor store. The property to the west is designated for commercial uses and is vacant; and c. The development of the gas station and mini-market is consistent with the Community Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and d. The original application, together with the attached conditions of approval, complies with the standards of the Development Code. Elimination of the frontage improvements across the Red Hill Liquor Store site will result in a project not meeting the requirements of the Foothill Boulevard Specific Plan. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. b. The proposed use does not comply with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the application. 5. This Council hereby provides notice to Art and Diane Flores that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Art and Diane Flores at the address identified in City records. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 20, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Larry Henderson AICP, Principal Planner POINT OF HISTORIC INTEREST 95-01 - CITY OF RANCHO CUCAMONGA - A request to designate the Etivista Winery as a Point of Historic Interest, located at 12700 - 12752 Foothill Boulevard - APN: 227-221-03 and 22 through 24. RECOMMENDATION Approval by adoption of the attached Resolution as recommended by the Historic Preservation Commission and Staff. BACKGROUND/ANALYSIS The Historic Preservation Commission initiated this Application at their meeting on July 12, 1995 and subsequently recommended approval of designating the site as a Point of Historic Interest by unanimous vote on August 9, 1995. At the time of the Commission's initiating the Application, the City Historical Resource Inventory listed the property as potential Local Landmark. A detailed analysis by staff of the site and applicable historical resources revealed that the facts could not support the original potential landmark designation, see Exhibit "A." The designation of Point of Historic Interest is the lowest level of designation under the City Code and carries no protection from modification or demolition of structures on the site. The Point of Historic Interest is a means of identifying for information purposes the persons, activities and events that previously took place on the site; i.e., the development of the Etivista Winery and its link to the Italian winery families who pioneered the vineyards of the early 1900s in this area of Etiwanda. CiTY COUNCIL STAFF REPORT POI 95-01 - CiTY Of RANCHO CUCAMONGA September 20, 1995 Page 2 Significant opposition was expressed by individuals associated with the property immediately to the west (Sacred Heart Church) at the Commission hearing of August 9, 1995, see Exhibit "B." In summary, the points raised in opposition identified the existing nonconforming uses of the site for truck and vehicle repair and the negative condition of the site as the reasons to deny designation of the site as a Point of Historic Interest. Members of the Commission did note that the designation was not in reference to the existing uses and condition of the site but the previous association with the wineryNineyard families of the local area. It was also acknowledged by the Commission that the placement of a future plaque would be sufficient mitigation for the future development of the site. FACTS FOR FINDING The recommended facts for findings are included in the attached Resolution of Approval. ENVIRONMENTAL ASSESSMENT The designation of a property as a Point of Historic Interest is categorically exempt under Article 19, Section 15308 of the California Environmental Quality Act (CEQA). CORRESPONDENCE This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were sent to all property owners within 300 feet of the project site. Respectfully submitted, City Planner BB:LH:mlg Attachments: Exhibit "A" - Historic Preservation Commission Staff Report dated August 9, 1995 Exhibit "B" - Historic preservation Commission Minutes dated July 12 and August 9, 1995 Resolution of Approval CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: August 9, 1995 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: POINT OF HISTORIC INTEREST 95-01 - CITY OF RANCHO CUCAMONGA - A request to designate the Etivista Winery as a Point of Historic Interest, located at 12742, 12762, 12768, and 12774 Foothill Boulevard APN: 227-221-03 and 22 through 24. BACKGROUND: The Commission initiated this application at their meeting on July 12, 1995 as part of an in-progress unreinforced masonry building abatement by the City Building Division. At this previous meeting, the Commission determined that the unreinforced portion of the subject building could be removed without significant loss to the historical value and there was sufficient cause to initiate an application for Point of Historic Interest. ANALYSIS: A. Architectural Significance and Building Conditions: The winery is cc;mposed of three main structures, attached by enclosed breezeways (see Exhibit "B" for site locations). The only portion that is unreinforced masonry is Building No. 2, built in 1936. This structure is the portion that the Building Department is abatement of under the unreinforced masonry building code. This building is in terrible condition with numerous structural cracks. Also, the original construction was of exceptionally bad quality, as evidenced by the extreme variation of mortar thickness (varying from 1/8 inch to 3 inches) and exhibiting a number of different types and sizes of block. The structure is completely hidden from general public view by its location and the proximity of the other structures. The other winery structures are primarily poured-in-place concrete. and corrugated metal. There are some limited areas of masonry infill. Only Building No. I is currently occupied, with two tenants conducting vehicle repair services. The winery structures are of an undistinguished industrial style and, except for the remains of a painted sign on the east side of Building No. 3, are not understood visually as a winery by anyone passing by the location. HPC STAFF REPORT POI 95-01 - ETIVISTA WINERY August 9, 1995 Page 2 There are other structures on the site: two single-family residences (one is a 1920's California style bungalow that appears to be in deteriorated condition; the other is reported to be of the same era, but was remodeled to its present 1950's architectural style). Also, there is a concrete grape-crushing building and a wood barn of unknown condition. B. Historical Significance: Details concerning the historical aspects of the site were made available by the Foothill Market Place Oral History project. Oral interviews with Buster Filpi (nephew of Nick DiCarlo), confirmed Building records that the Etivista Winery was started in 1936. The winery was a partnership between Nick DiCarlo, Frank Shiro, and Buster Filpi. Undoubtedly, this winery was part of the tremendous growth in wine making experienced at the end of prohibition. The wine was both bottled and shipped in bulk to the East. By 1947, Buster Filpi ended his role in the partnership since the enterprise was not making a profit. It should be noted that many wineries had difficulties during this period because of over-production and a changing market according to a publication entitled Cucamonga Wines and Vines: A History of the Cucamonga Pioneer Vineyard Association, written by James D. Hofer. The winery continued to produce for five or six more years, ending production in about 1953 or 1954. Since that time the buildings have held a number of industrial tenants and are currently held by an out-of-town investor. It does not appear that the Etivista Winery was ever part of a larger wine-producing consortium such as the Cucamonga Pioneer Vineyard Association. The facility could be classified as a small- to medium-sized operation that operated for the relatively short period of approximately 20 years. In terms of historical significance, the winery did not play a significant historical role in the winery industry of the region; i.e., there were, and are, other sites that were larger and operated longer. The major historical significance is that the original partnership was composed of related family members that were active in the wine- making region from the early 1900s to the 1970s at other sites. However, the family history aspects have been documented and preserved in the oral histories performed for the Foothill Market Place project. Exhibit "B" shows the historical uses and occupants of the subject structures. FACTS FOR FINDINGS: The recommended facts for findings are included in the attached Resolution of Approval. HPC STAFF REPORT POI 95-01 - ETIVISTA WINERY August 9, 1995 Page 3 ENVIRONMENTAL ASSESSMENT: The designation of a property as a Point of Historic Interest is categorically exempt under Article 19, Section 15308 of the California Environmental Quality Act (CEQA). CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were sent to all property owners within 300 feet of the project. RECOMMENDATION: Staff recommends the Historic Preservation Commission approve the attached Resolution recommending the City Council designate the Etivista Winery a Point of Historic Interest. Respectfully submitted, City Planner BB:LJH:mlg Attachments: Exhibit "A" - Historical Resources Form Exhibit "B" - Site/Building Location Map Exhibit "C" - Building Pictures Resolution of Approval State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION HISTORIC RESOURCES INVENTORY IDENTIFICATION AND LOCATION 1. Historic Name: Etavista Winery 2. Common or Current Name: Met Tinker Truck Repair 3. N~mt~er & Street: 12742 Foothill Btvd. City: Rancho Cucamonga Vicinity Only: 4. Quad Hap No:. UTM Z A: B: 5. Parcel No: 0227-221-03 Other: Set. No. National Register Status: Local Designation: Zip: County (3-Letter Designator): C: D: DESCRIPTION 6. Property Category: If District, Number of Documented Resources: 7. Briefly describe the present physical appearance of the property, including condition, boundaries, surroundings, and (if appropriate) architectural style: This will be a Large rectangular shaped industrial building, with Low gable roof. There is a parapet along the front of the building in a step ,pattern. The sides of the building appear to be concrete block with the upper 1/3 in what appears to be corrugated iron. There is a large warehouse door on the west side of the structure. There are two front windows that are one over one double hung, with wood frames. ALong the parapet of the structure are two horizontal bands cast into the wall that run along the front wall. No Landscaping is present at this site. Chain Link fencing surrounding the front and west side of the structure. 8. Alterations & Date: 9. Related Features on Property: 10. PLanning Agency: City of Rancho Cucamonga 11. Owner & Address: H&L Foothill Partnership 2193 Hackmore Pt. Riverside, CA 92506 12. Type of OHnership; Private 13. Present Use:Light Industrial 14. Zoning: Commercial (S.P.) 15. Threats: URMB/RDA ExH fi' A HISTORICAL INFORMATION 16. Constuction Date(s): 1946-1947 17. Architect: Unknown 18. Historic Attributes (With Nuclear fro~ List): Original Location: Yes Builder: Unknown Date Moved: SIGNIFICANCE AND EVALUATION 19. Context for Evaluation: Theme: Area: Perrod: Property Type: Context formally developed?: 20. Briefly discuss the property's importance within the context. Use historical and architectural analysis as appropriate. Compare with similar properties. This is a late period industrial style building of no unusual architecture styling. It is a very simple building of concrete block and corrugated iron. It appears to have been built in 1946 and 1947 white the property was owned by Frank and Minnie Schiro. It is a very coem~on structure and many examples of this style can be found. 21. Sources: San Bernardino County Assessor Lot Books 22. 23. 24. 25. 26. 27. Applicable National Register Criteria: Other recognition: State Lanckgark Nmber: Evaluator: Lynn Merrill Year of Evaluation: 1990 Survey Type: S (C=Comprehensive, P=Project Related, S=Singte Property Survey Name: Rancho Cucamenga Update/URM Assessment Year Form Prepared: 1990 By (Name): Lynn Merrill Organization: Management Sciences Applications, Inc. Address: 123 East Ninth Street, Suite 204 City, State Zip: Upland, California, 91786 Phone: (714) 981-0894 Sketch map. Show l cation and boundaries of property in retati to nearby streets, railways, natural landmark , etc, Name each feature. ' City of Rancho Cucamonga Planning Division ' dld.c. 1 ( 1946 ) , ~"-'". 2 (1936) · 3 (,1936) Point of Historic Interest 95-01 N A Drawn By: LJH Date: 7/27/95 /V BLDG. FOOTPRINTS I"'1 SUBJECT PARCELS . SURROUNDING PARCELS ,Nick Di Carlo RIE]. '00' '/D mmm · n ~0 280 560 Feet North side of Bldg,s 1,2, &3 North & West sides of Bldg. 1 Etivi~,Winery 5/95 Exhibit C 1 / o~ 0 U c Eti~ta Winery 5/95 Exhibit C2/'o---.2.~ East side of Bldg.3 & Barn Detail of east side of Bldg.3 Etivistr~finerY 5/95 Exhibit C3 / c:> ~ , South side of Bldg.3 & east side Bldg.2 Detail of east side of Bldg.2 Etivi/~;~ Winery 5/95 Exhibit C4/~_~ c: Joe Di Carlo Residence Etiv'sta Winery 5/95 Exhibit C6/'D7 Nick Di Carlo Residence Unidentified Residence south of Bldg.2 Etivi~ Winery 5/95 Exhibit C7/~ Remains of Conc.cooling tank in foreground Conc. Grape Crushing, Bldg. Weir Box behind Grape Crusher Etivi~~yvinery 5/95 Exhibit C8 / O~ Painted Sign on east side of Bldg.3 North side of Barn or Shed Etivista Winery 5/95 Exhibit C9//~ CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION MINUTES Regular Meeting July 12, 1995 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Historic Preservation Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CAr.T. COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, Larry McNiel, John Melcher, Peter Tolstoy ABSENT: None STAFF PRESENT: Miki Bratt, Associate Planner; Dan Coleman, Principal Planner; Danielle Frazier, Planning Intern; Ralph Hanson, Deputy City Attorney; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Scott Murphy, Associate Planner; Steve Ross, Planner; Gail Sanchez, Planning Commission Secretary ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Lumpp, seconded by McNiel, carried 4-0-0-1 with Tolstoy abstaining, to approve the minutes of May 10, 1995. DIRECTOR'S REPORTS HISTORIC PROPERTY STATUS REVIEW AND DEMO;.ITION REOUEST - CITY OF RANCHO CUCAMONGA - A request to review the historical level of significance of the Etivista Winery and the demolition of a portion thereof (unreinforced masonry building), located at 12700 - 12752 Foothill Boulevard - APN: 227-221-03. Larry Henderson, Principal Planner, presented the staff report. Commissioner McNiel asked if the property is a hazard at this time. Mr. Henderson replied that it is not currently occupied but could be a liability if someone were in the building or standing next to it. He observed it is immediately adjacent to a structure currently being used, and it could potentially collapse onto that structure. He noted that a variety of types of block were used in the construction. 111 Chairman Barker requested that staff clarify what the implications would be if the location is deemed a Point of Historic Interest. Mr. Henderson replied that it would not require returning to the Commission if a demolition request is made. He indicated that at the point of develo~nent, the Commission may wish to require documentation and/or monumentation of the historic nature of the site similar to what was done at Foothill Marketplace. He said it would not require reinforcing, rehabilitation, or restoration of the historic structures. Commissioner Lumpp asked if the property owner had initiated the request for demolition of the designated area. Mr. Henderson responded that under implementation of the City's Unreinforced Masonry Ordinance, the Building & Safety Division initiated the demolition request and the property owner has consented and given his tenant permission to oversee removal of the structure. He said the property owner has received several notifications from the Building & Safety Division over the last two years giving options to do a study, retrofit the building, and bring it up to code. He stated the property owner has elected not to and the only other option i~ demolition. Commissioner Lumpp thought the Commission had two options: 1) to determine the site is Surveyed Determined Insignificant or 2) to classify the site as an Point of Historic Interest. He asked if staff was talking about the entire property or just the portion that is to be demolished. Mr. Henderson replied it would be the entire property. He said that a public hearing would be required in order to classify the site as a Point of Historic Interest. Commissioner McNiel asked if a Point of Historic Interest would be commemorated by a plaque. Mr. Henderson replied it could range from a plaque up to additional oral histories. He said he would not recommend HABS/HARES drawings because the buildi.ngs have been significantly altered over the years. He reported there is no original equipment from the winery on the site. He stated it has been used longer for industrial uses than it was for a winery. Commissioner Tolstoy asked if the remaining buildings are considered structurally safe. Mr. Henderson replied affirmatively. He noted the property now has a non- conforming use and the property owner has indicated it is an interim use until the property is ready for.development. He observed that the property is zoned commercial. Chairman Barker invited public comments. There were none. Commissioner Tolstoy suggested that the property be designated as a Point of Historic Interest so that at the time the property is developed, a plaque could be placed on the street indicating that it was a winery. He thought that would tie in well to the Foothill Marketplace across the street and it is good to note to future residents that there were many-wineries in the area. He felt the unreinforced masonry building should be removed. Commissioners McNiel, Melcher, and Lumpp concurred. HPC Minutes -2- July 12, 1995 //a Motion: Moved by Lumpp, seconded by McNiel, to authorize demolition and direct staff to initiate a Point of Historic Interest designation. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT: NONE BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY - carried The=Lr were no public comments. COMMISSION~INESS Commissioner Mel~r observed that Mr. Henderson had been listed on a recent City Council Agency age~da as a negotiator for what appeared to be an historic property. He asked'~at property the City was attempting to purchase. Mr. Henderson replied th~ the property is the China House and stated he would not say the City is attemp~ng to purchase the property. Commissioner Melcher stated itswould be courteous if the Historic Preservation Commission could be informed as~o what is going on. Mr. Henderson stated staff would~be bringing the matter to the Historic Preservation Commission following ~...reply from the Cucamonga County Water District. Commissioner Melcher noted that the Staff Re~rt on Item A indicated that the 1990 study which was prepared by a consultant Was incomplete. He asked if the City would use that consultant again. Mr. Henderson replied that the consultant is no loner in business. Commissioner Lumpp announced that he had artended the ~istoric Preservation Conference in Riverside and he has information packets for~he Commissioners. He felt the conference was worthwhile. ADJOURNMENT Motion: Moved by Melcher, seconded by Lumpp, to adjourn. 7:20 p.m. - The Historic Preservation Commission adjourned. Respectfully submitted, Dan Coleman Acting Secretary HPC Minutes -3- July 12, 1995 CITY OF P~ANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION MINUTES Regular Meeting August 9, 1995 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Historic Preservation Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California~ Chairman Barker then led in the pledge of allegiance. ROT.T. CAT.T, COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, Larry McNiel, John Melcher, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Ralph Hanson, Deputy City Attorney; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Gail Sanchez, Planning Commission Secretary 'k , , 'k ANNOUNCEMENTS There were no announcements. , , , , PUBLIC HEARINGS POINT OF HISTORIC INTEREST 95-01 '- CITY OF RANCHO CUCAMONGA - A request to designate the Etivista Winery as a Point of Historic Interest, located at 12700 - 12752 Foothill Boulevard - APN: 227-221-03 and 22 through 24. Larry Henderson, Principal Planner, presented the staff report. Chairman Barker asked what limitations would be placed on the property if it were designated an Historic Point of Interest. Mr. Henderson replied none whatsoever. He said that the Commission would review the site when development is proposed and the Commission may determine it is appropriate to further identify the site by perhaps requiring a plaque. He observed such a condition has been applied at other Historic Point of Interest sites. Chairman Barker asked if a plaque is mandatory. Mr. Henderson responded it is not. Chairman Barker asked if designation would prohibit destruction of buildings. Mr. Henderson replied it would not. Commissioner Melcher asked if there have been instances in the past and if the authority exists for requiring more than the placing of a plaque. Mr. Henderson stated that under the California Environmental Quality Act, more conditions can be applied depending upon the City's determination of how severe the impact is in terms of resource lost and determining an appropriate mitigation. He felt it would probably be determined that this property would be the lowest level of resource lost. He noted that across the street at Foothill Marketplace, there were several separate historical resources which were local landmark designation level. He said an analysis determined the structures could not stay there and it was determined that proper mitigation would include the moving of several residences, oral histories, a public art program, and donation of funds to an historic preservation project and the site was then designated a Point of Historic Interest. In said that in this case, the City has indicated there is not that level of value on the site and he would not expect such a level of mitigation. Commissioner Melcher asked if after discussion, the Commission determined that a plaque should be all that is required upon development, if the minute records of tonight's meeting would be sufficient to reasonably assure that only a plaque would be requested. Mr. Henderson responded affirmatively. Chairman Barker opened the public hearing. Walter Blair, 1436 North Euclid Avenue, Ontario, stated that his wife is a surviving offspring of Frank and Minnie Schiro. He said his wife and Buster Filpi could not be at the meeting this evening. He stated they had talked with surviving members of the family and they felt the building itself has no significance but they would welcome a plaque to note the spot. Father Fred Gaglia, Pastor of Sacred Heart Church, 12704 North Foothill Boulevard, Rancho Cucamonga, stated he was speaking as a private citizen and also as an agent of the Roman Catholic Bishop of San Bernardino, the owner of the adjacent property. He opposed the designation of a Point of Historical Interest. He thought such a designation would be an embarrassment to the City because it represents a failed operation and the property is currently unkept. He said the church has had to endure a pollution of sound and fumes from the present operation with the mechanics working until 3:00 a.m. He noted that police chases have 6aken place on the property because transients and criminals hide there. He said chickens and ducks have been raised on the property and polluted the church and transgressed onto church property. He suggested that historical records be maintained only on library shelves instead of placing plaques on properties. He thought nothing should be done that would impact any of the properties on the north side of Foothill Boulevard or mitigate the church property. He felt plaques and presentations should be made only at the request of families and only for those families who remain in the area and have not moved. He said the Public Resource Code Division 5 for Parks and Mo.numents indicates that the property to receive designation should be the first, last, and only or most significant historical property of its type in the region. He requested denial of the designation. Richard Johnson, 12704 North Foothill, Rancho Cucamonga, stated he is a member of the parish. Me said he supports Route 66 as an historical resource and has traveled Route 66 many times. He indicated that he has questioned why some plaques along the highway were erected. He ~aid he had never heard of the Etivista Winery until last Sunday in church. He noted there is nothing in any of his publications on Route 66 to note that a winery ever existed there. He said he visited the Route 66 Visitor's Center and Bob Lundy had never heard of it either. He noted that the staff report indicated the winery did not play a HPC Minutes -2- August 9, 1995 significant historical role in the winery industry of the region. He thought the winery had faded away and the City should just let if fade away. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Melcher stated there must have been over 10,000 uses along Route 66 that have faded into oblivion and weren't of any significance to anyone. He did not feel a designation of a Point of Historic Interest would magnify the importance of what went on there or is an effort to associate this particular property and use with the history of Route 66. He noted it is a local designation of interest to no more than those people in this immediate area who are interested in what has gone on in the past history of the City. Commissioner Tolstoy felt designation is important because it is a part of the heritage of the community. He expressed surprise that a person who supports the historical significance of Highway 66 would not want to add any additional prominent happenings to the long list of things Route 66 already recognizes. Commissioner McNiel stated that the purpose of local identifications is to identify the families and people who were involved in enterprises that existed in the area, whether the enterprises failed or succeeded. He said such people contributed to the community generations before us. He noted the proposed degree of designation is minimal, not requiring the preservation of any buildings. He said the community existed because of wine growing grapes and he thought the majority of the grape growing businesses failed because there are not any currently producing wineries. He thought the City should preserve the small amount of history which remains and can be identified as a long term resource. He noted that when something is lost, it is gone forever. Commissioner Lumpp noted. that within the City of Rancho Cucamonga there are three to four failed businesses where the City stepped in to preserve the structures, including the old service station near the corner of Archibald and Foothill. He said he supported the designation of a Point of Historic Interest precisely because there are hundreds of people who live in the community and do not know that a winery was located there. He felt it important that people know the use was here, whether it be by marker or some other way. He noted the City is not requiring that the buildings be retained nor prohibiting any development. He felt the action merely shows that the Historical Preservation Commission wishes to retain some semblance of something that happened in the past. Chairman Barker felt the building is not worth saving. He said the Filippi family is the only family that is actively producing wine in town. He expressed concern about a sentiment of pretending that nothing happened there so it would all go away. He felt it represents a part of the City's history, and not all history is good. Commissioner Melcher observed the Commission was talking about recognizing a Point of Historic Interest that the site was once part of the wine industry, not about celebrating police chases, raising of chickens, or an automobile repair garage. Motion: Moved by Lumpp, seconded by Melcher, to adopt the resolution recommending designation of the Etivista Winery as a Point of Historic Interest. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT: NONE BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY - carried HPC Minutes -3- August 9, 1995 //G RESOLUTION NO. (::~-/c~-_.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A POINT OF HISTORIC INTEREST 95-01 TO DESIGNATE THE ETIVISTA WINERY, LOCATED AT 12742, 12762, 12768, and 12774 FOOTHILL BOULEVARD, AS A POINT OF HISTORIC INTEREST - APN: 227-221-03 AND 22 THROUGH 24. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for a Point of Historic Interest as described in the title of this Resolution. Hereinafter in this Resolution, the subject Point of Historic Interest is referred to as "the application." 2. On August 9, 1995, the Historic Preservation Commission conducted a public hearing on the application and concluded said hearing on that date. 3. On September 20, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded the hearing on that date. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 4.20 acres of land, basically four parcels of rectangular configuration, located at 12742, 12762, 12768, and 12774 Foothill Boulevard. 3. Based upon substantial evidence presented to the City Council during the above- referenced public hearing on September 20, 1995, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, the City Council hereby makes the following findings and facts: A: Historical and Cultural Significance: Finding 1: The proposed Point of Historic Interest was connected with someone renowned or important or a local personality. FactJS: Oral interviews with Buster Filippi (nephew in-law of Nick DiCarlo), confirmed building records that the Etivista Winery was started in 1936. The winery was a partnership between Nick DiCarlo, Frank Shiro, and Buster Filippi. Undoubtedly this winery was part of the tremendous growth in wine-making experienced at the end of prohibition. These three families were very instrumental in the establishment of the ethnically diverse vintner community of the Cucamonga Valley Wine Region. CITY COUNCIL RESOLUTION NO. POI 95-01 - ETIVISTA WINERY September 20, 1995 Page 2 Finding 2: The proposed Point of Histodc Interest is connected with a business or use which was once common but is now rare. Fact/s: In terms of historical significance, the winery did not play a significant historical role in the winery industry of the region; i.e., there were, and are, other sites that were larger and operated longer. The major historical significance is that the original partnership was composed of related family members that were active in the wine-making region from the early 1900s to the 1970s at other sites. At the height of winery production, the Cucamonga Winery Region boasted 99 operating wineries. Presently, there are approximately 6 remaining sites that retain varying degrees of historical value within the City of Rancho Cucamonga. 4. The City Council hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Article 19, Section 15308. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City of Rancho Cucamonga hereby approves Point of Historic Interest 95-01. 6. The City Clerk shall certify to the adoption of this Resolution. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 20, 1995 TO: Mayor and Members of the City Council FROM: Susan Mickey, Management Analyst I SUBJECT: CONSIDERATION TO IMPLEMENT PHASE TWO OF THE GOVERNMENT ACCESS PROGRAM RECOMMENDATION: That the City Council consider implementation of Phase Two of the Government Access Program. BACKGROUND/ANALYSIS: Phase One of the Govemment Access Channel (RCTV-3) began on July 24, 1995, with the broadcast of a Community Calendar format. Phase Two would consist of broadcasting governmental-type tapes that would be of interest to the public; e.g., public safety tapes, tapes from the League of California Cities and other tapes dealing with governmental activities. Staff recommends the purchase of 3 VHS Decks at $327 each, 3 Computer/VCR interface modules at $115 each, and 3 Computer/VCR interface cables at $130 each for a total expenditure of $1,716 to support Phase Two of the program. These costs would be funded out of account 70-276-501, the PEG Access account established for that purpose. The current balance in the account is $173,817.55. To broadcast from City Hall, and to allow for immediate access to the equipment, a return line will need to be constructed. There are two altematives, the first being a simple return line, which Marks is required to provide per the franchise agreement. It is established by using cable already in place and amplifying it. The second alternative is a dedicated line that would be used only by the City. Because of the technical problems associated with a return line - it can be unreliable, in need of frequent maintenance and have poor signal quality - it has been recommended that the City install a dedicated line that will run from City Hall to the head end on Archibald. The cost for a dedicated line is $24,507.25. Because Marks would be required to put in the return line at a cost of $5,692.15, they are deducting that amount from the cost of the dedicated line making the total cost $18,815.10. Marks CableVision has indicated it will take approximately one month to complete the line. The cost for this line will be credited against Marks PEG Access payments. ResEectfully Submitted, .~ ~Usan Mickey, Management A , /Iq CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: September 20, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Robert C. Dominguez, Administrative Services Director DISCUSSION OF AFFINITY CREDIT CARD FOR CITY LIBRARY BACKGROUND Councilmember Diane Williams recently came across an article in the L.A. Times concerning the use of credit cards by governmental agencies. This somewhat novel approach to revenue generation is locally being considered by the City of Culver City. Ms. Williams has asked that it be brought before City Council for discussion. FINDINGS The use of credit cards by governmental agencies is very new; they are referred to as affinity credit cards. Typically, the card features the City's logo or prominent feature of the City and is offered by the local bank. Revenue is negotiable and can be based upon outstanding balances and interest rates, as well as, the cost of the card issuance. Several months ago, staff did a very cursory investigation to determine revenue opportunities for the City. At the time, it was felt that the revenue was too modest to consider as an alternative source for operational dollars. However, Councilmember Williams' suggestion that the affinity card could assist the Library's coffers deserves further investigation. Library staff feels this may be an opportunity for local residents to support their library through use of such a card. The attached article from the L.A. Times provides some information about a few cities nationwide which have undertaken the use of affinity cards. City Council Meeting Affinity Credit Card for City Library September 20, 1995 Page 2 RECOMMENDATION It is recommended that the City Council authorize staff to investigate the merits of the use of an affinity credit card to generate revenue for the Rancho Cucamonga Library. Respectfully submitted, R.o Administrative Serv s Director RCD/pag Attachments DATE: TO: FROM: RE: CITY OF RANCHO CUCAM ONGA MEMO RAND UM September 7, 1995 Jack Lam, City Manager Diane Williams, City Council Opportunities for City issued credit card In reference to the attached article from the August 30 Los Angeles Times, "Looking for Gold in Plastic" I believe this has great potential if we act quickly. The possibilities are numerous but of course my first thought was that this could be a way to create operating funds for the library without impacting any other city budgets. Sort of brings a new perspective to the term "library card" doesn't it? Would you please have someone follow up on this and see if it is something we might implement in the near future? My first thought would be that one of the local banks such as Foothill Independent or Vineyard might be willing to work with us. The article refers to "civic pride of the city's residents and the credit card debt they carry" as important factors in the success of a municipal credit card. I think you'll agree that no city around has greater civic pride than we do and my guess is that our citizens carry a substantial amount of credit card debt. We know the citizens have embraced the library with pride and I believe we would get positive acceptance of such a card. As we discussed recently, the budget needs of the library will continue to increase and the projections for property tax revenues are not likely to improve soon. I would like the whole Council to discuss this, therefore, I'm requesting that it be placed under "Council Business" on the next (Sept. 20) City Council agenda. Meanwhile, I'll look forward to what the preliminary research uncovers. cc: City Council Deborah Clark, City Librarian Library Board of Trustees Looking for GolC in PLastic Following others, Culver City will introduce its own credit card in parmership with a local bank. By MARY MOORE SPECIAL TO THE TIMES AUGUST 30, 1995 General Motors has a credit card. So does the Sierra Club. So · why not Culver City? With hopes of painlessly rais- ing revenue, the city will put its name on a credit card issued by a local bank and receive a part of the interest on credit card balances that customers carry from month to month. Culver National Bank has set the interest at 16.95%. The city will receive 0.5% in the first year and 1.5% in following years. ~ne bank will issue city Visa and MasterCards for a $20 annual fee and gold cards for $50 a year. Culver City's card, known in the industry as an affinity card, will not be the first of its kind, although the origin of the municipal credit cards is not clear. South Orange, N.J., is credited by many with issuing the first city card last December- But officials in PIano, TeL, say they were first with a card in 1993. The idea is catching on. San Francis- ' eo's Board of Supervisors has approved the issuance of a credit card and a phone card; and the city expects revenues of up to $7 million a year. New York City might issue a credit card by the end of the year, said Bill , Calabrese, president of the village of South Orange. Calabrese is working with New York officials to develop the card. What is unique about Culver City's proposal is that the city would earn a percentage of the debt carried by card- holders. Other cities take a percentage of customers' credit card purchases-- usually 1% or, in the case of San Francisco, 3%. Culver City Councilman Albert Vera, who proposed issuing the city card, said he had not realized it was possible to set the card up so that the city received a percentage of purchases. "We have to start somewhere," he said, "and if we have to modify the card later. we can do that." Affinity cards--already used by some charities--generate revenue with little if any cost to the city or agency. In Culver City, officials and bank executives declined to say how much revenue they expect to generate from the card. Some council members doubt that the card will bring in much additional money. Councilman Mike Balkman said: "It's not going to be a situation where people will say they'll choose their Culver City card over other ones." But Vera is optimistic that the cards will earn enough money to lower city taxes. He is lobbying his council col- leaguea to earmark any card revenues for that purpose. Mayor Steve Gourley says the city should deposit the money in its general fund, adding, "I don't think it's a good idea to earmark anything for anything." The bank will market the card, deco- rated with a picture of the new City Hall, to its estimated 4,000 customers, most of whom live in Culver City or nearby. The success of Culver City's card depends on two things.. the civic pride of the city's residents and the credit card debt they carry. Bank officials view the card as a way to gain customers' and build a stronger relationship with both its customers and the city. "When Albert [Veral contacted us a year ago, we weren't sold on the idea," said Culver National President John Newhouse. Bank officials were concerned about issuing any credit cards, whether a city card or not, because of problems with card theft and unpaid bills, he said. "But then we decided it was a win- win situation. The city could earn money, and maybe we could get more business from it." ' n PIano, city officials have been able · to funnel about $700 a month to local arts program from its credit card. But South Orange has been the true success story. Since the village began marketing its card last year to its 17,000 residents, it has generated about $5,000 a month and expects to earn $100,000 by the end of this year, Calabrese said. CLEAN DESERT WATER COALITION SAN BERNARDINO COUNTY INFORMATION FOR RANCHO CUCAMONGA CITY COUNCIL SEPTEMBER 20, 1995 I. Executive Summary Cadiz Land Company, Inc. (the Company) is a NASDAQ-Iisted agricultural and land development firm founded in 1983. Through a series of land purchases and exchanges, the Company has acquired ownership of more than 31,000 acres (approximately 50 square miles) in the Cadiz and Fenner valleys of eastern San Bemardino County, California. The location of the Cadiz area is shown in Figure 1. Over the past 10 years, the Company has developed approximately 1,500 acres of citrus orchards, vineyards, and various row crops on its Cadiz property. Over the next five years, the Company plans to cultivate an additional 8,000 acres of agricultural land. The Company's hydrological investigations and groundwater pumping have demonstrated that its landholdings overlie several million acre-feet of high quality groundwater, with active recharge from drainage basins covering approximately 1,300 square miles. This volume of groundwater is substantially greater than that required for the Company's projected agricultural needs. Accordingly, in January of 1994 the Company entered into a Memorandum of Understanding with the Mojave Water Agency' (MWA) to determine the feasibility of providing supplemental water to an area that is in chronic overdraft. Independent engineering feasibility studies by the Ralph M. Parsons Company and by NBS/Lowry-Psomas have demonstrated that it is technically and economically feasible to transfer between 30,000 and 50,000 acre-feet of surplus water per year from the Company's well field to the Colorado River Aqueduct via a 30-mile pipeline. Work has now commenced on environmental studies required to implement this project. Farmers are conscientious stewards of natural resources. In order to manage its land and water resources, the Company employs state-of-the-art water conservation practices and conducts a comprehensive groundwater monitoring program. These practices play a critical role in the success of the Company's agricultural operations. Figure 2 presents a view of a portion of the Company's vineyards. CADIZ I jill ClllPIIV lie. Page 1 Figure 1: Location of Cadiz Area. Since 1983, the Company has acquired ownership of more than 31,000 acres in the Cadiz and Fenner valleys of eastern San Bernardino County. This represents virtually all of the private land in the area that is suitable for groundwater and agricultural develop- ment. CADIZ Page 2 ~1111111t111111111 ~ I I I I. I, trot t~ Figure 2: A P~wtitm o1' the Cornpan.v's Vineyards. This ix a \'ic,.v t~l' a portitm of the Ctm~pany's vineyards, a h~ading dock. and rcfi'igcratitm plzmt. At the present time. S()() acres t}t' table grape vineyards and 64() acres o[' Citrus ~rchLu-d~ arc LHKlCr cultivation. CADIZ LAII CO~PfilY IiiC. The ('ornpany's vineyard represents ,~,.'er 5','~ ,~i' the tt~tal Southern California table grape acreage. The gr',~pe varieties include Red Flan~c Seedless. TIDmpson Seedless. and Black Beauties. The Con~pany"s citrus orchard is the largest ctmtigutms planting of citrus in California during the past decade. Citrus varieties include Lisbtm Lcm~ms. Valcncia Oranges. Royal Mandarins. and Nlinncola Mandarins. The Company is ctmtinuing t~> cxpand its agricuhural operations. and in 1993 obtained all necessary appn>vals l'Ftnn San Bcrnardino County to cultivate a I'urthcr 8.(){1() acres. This apprt~val princess included ccFtil'icatitm by the County Bt~ard o1' SLtpcrvist~Fs of an EnviF<mmcntal Impact Report that alh~ws for the withdrawal t~l' mtu'c than I,(1{)().()()() acrC-l'ccl ~f ~l't~ul~dwatcF. H. The Groundwater Resource Most Of the groundwater recharge to the Company's property originates as precipitation within the Fenner Valley drainage basin, which covers an area of approximately 1,140 square miles. The highest of the mountain ranges within the basin reaches elevations of over 7,500 feet and receives in excess of 10 inches of average annual precipitation. Additional recharge to the project area occurs from Orange Blossom Wash, which drains southward from the Granite Mountains and covers an area of approximately 135 square miles. This mountain range reaches elevations of over 6,500 feet and also receives in excess of 10 inches of average annual precipitation. The locations of these recharge basins in relation to the Company's landholdings are shown in Figure 3. During major winter and summer storms, runoff in the mountainous areas of the drain- age basin flows into the alluvial fans which flank the mountains, and there enters into the groundwater system. Some of this groundwater is tapped by vegetation and transpired near the range fronts. That which is not transpired, percolates down gradient through Fenner gap (located between the Marble and Ship mountains), beneath the Company's lands, and on to Bristol and Cadiz dry lakes where it is discharged by evaporation. Total' groundwater recharge to this system is estimated at approximately 20,000 acre-feet per year (URS Consultants, Inc., 1993). The total volume of groundwater in storage in the Fenner, Bristol, and Cadiz basins is estimated at 5,600,000, 7,000,000, and 4,300,000 acre-feet, respectively, by the California Department of Water Resources (1975; Kahrl, 1979). The Company's exploration work over the past decade has included extensive geophysi- cat surveys, the drilling of ten exploratory test holes and utility wells, and the construc- tion, long-term testing, and utilization of seven full-scale irrigation wells. Figure 4 illustrates the generalized contour of water levels underlying the project area as mea- sured in accessible wells and test holes. Figure 5 depicts the estimated thickness of alluvial sediments underlying the project area. This map, based on two independent gravity surveys, indicates that structurally controlled basins underlying the project area reach depths of over 3,000 feet. The Company's irrigation wells, located in and adjacent to the cultivated sections, each produce from 1,500 to over 2,000 gpm. Water quality from these wells ranges from approximately 230 to 300 ppm total dissolved salts. The depth of the water table beneath this portion of the Company's property ranges from approximately 150 to 215 feet. CADIZ Illll CIMfll~ IIC. Page 4 In January of 1994 the Company entered into a Memorandum of Understanding with the Mojave Water Agency (MWA) to determine the feasibility of providing supplemental water to its service area, a region that is in chronic overdraft. Independent engineering feasibility studies by the Ralph M. Parsons Company and by NBS/Lowry-Psomas have demonstrated that it is technically and economically feasible to transfer between 30,000 and 50,000 acre-feet of surplus water per year from the Company's well field to the Colorado River Aqueduct via a 30-mile pipeline. Work has now commenced on envi- ronmental studies required to implement this project. CADIZ LIIi CIMPII~ I1(. Page 5 CADIZ I31B CIHP~IY IIIC. Page 6 Figure 3: Recharge Basins. 610 6{1{) 590 580 :i"' LEGEND O Figure 4: ('ompany Irrigation Wells · Railroad \Veils (~ompany qi~st Holes + ( )ther Y, lonittwing &Utility Wells &Exploratory Wells ('olm',t~r Elc',ati,m,~ in Feet Generalized Water Level Contours in Relation to Wells and Exploratory Test Holes. CADIZ all C11111111I IIC. Page 7 Figure 5: Estimated Thickness of Alluvial Sediments. CADIZ LIIII I:II~IIY lit. Page 8 HI. Agriculture When 'the Company decided to buy property in the Mojave Desert, it was taking a step into the unknown. No agricultural projects had been attempted in the region before. During the past 10 years the Company has succeeded in supplying the market with top quality produce and in establishing the "Route 66" brand. Grapes Grapes were the first crops to be planted, in February 1986, once the land had been prepared for development. Red Flame and Thompson seedless varieties were the first to be harvested. Even in the early years crop yields were excellent, but 1994 saw produc- tion totals soar as the vineyard continued to mature. Cadiz Valley's cooler winters help promote dormancy in the vineyards, which in turn encourages better crops in the follow- ing season. As the 800 acres of vines continue to mature, the Company expects yields to improve steadily. To date, the Company's table grapes have been shipped both nationally and internationally under its "Route 66" label. With the ability to fill a gap between the more southe~y Coachella production and that of the San Joaquin Valley to the north, the Company is ideally situated to expand its share of the grape market in the coming years. Unlike some growers, who holdover early grapes in coolers to bridge the harvest gap, the Company is able to compete with more desirable fresh grapes. In 1993, the Company decided to commit a portion of the vineyard to raisins, an experi- ment which proved highly successful and is likely to be repeated in future years accord- ing to market demand. Citrus This was an obvious product choice for Cadiz Valley, with its ideal microclimate of hot days and cool nights. In 1989, the company planted 560 acres of a broad range of citrus varieties, including Lisbon Lemons, Valencia Oranges, Minneolas, Royal Mandarins and Fairchild Tangerines. With the different varieties harvested at various times from Sep- tember through March, the Company is in production throughout the fall and winter months. CADE tllB CIMPWI~ lit The Company's first lemon crop in 1993 was surprisingly large, given the tender age of the trees and the fact that 1990 had been the year of the "big freeze". The Company attributes this to superior soil, excellent water quality, and a pollutant-free environment. The Company projects its lemon harvest in the future to be as great as 200,000 boxes, with at least 30% being shipped under the Sunkist "fancy" grade. Page 9 Melons and More The Company has begun expansion of its agricultural development into new crops. A honeydew melon venture of 80 acres was planted in February 1995 for spring harvest. An additional 160 acres has also been planted with vegetable row crops. By expanding its range of crops, the Company hopes to prove the project's flexibility and seal its reputation as a success in desert agriculture. CADIZ Page 10 CADIZ LRID COHP~N~ lIC. IV. Rail.Cycle The viability of both the present and future agricultural operations in the Cadiz Valley are threatened by the proposed Rail-Cycle project: a proposal to import waste from Los Angeles and out of state, and to create the largest solid waste dump in the United States. Rail-Cycle is a joint venture between Waste Management, Inc. and the Santa Fe Rail- road. The size and associated environmental impacts of the project are unprecedented. Situ- ated on a 5,000 acre site, the dump would span three miles in length, one mile in width and four-hundred feet in height (that of a forty-story building). As the nation's largest solid waste dump, it would import 21,000 tons of trash per day, for approximately 100 years. Waste would be transported via double-stacked rail cars which would operate 24-hours a day. The proposed Rail-Cycle project, as outlined in the Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) to San Bernardino County, would threaten agriculture in Cadiz Valley and food-grade chemical production at Bristol Lake. Agriculture and mining are two leading industries in San Bernardino County. In an era when local governments are publicly competing for solid waste to fill their under-utilized land fills, the need for a dump in the Cadiz area is highly dubious. The proposed Rail*Cycle project demonstrates a lack of forethought and a casual indifference to its adverse environmental impacts. The location of the Company's property and agricultural development in relation to the proposed RailoCycle dump is shown in Figure 7. CADIZ LIIB ClItlII~P IIC. Page 12 BRIS'I'()I. I..\Kt: LEGEND Table Grape Vincyard~ ~Citrus Orchards CLCI Landholdings Proposed Rail.Cycle Dump Figure 7: Location of Cadiz Land Company's Landholdings and Agricultural Development in Relation to Proposed Rail.Cycle Dump. CADIZ Illl ClM~I~ IIC. Page 13 V. Adverse Impacts of Proposed Rail. Cycle Dump A. Groundwater Contamination All dumps, including those with state-of-the-art landfill liner systems, leak. Contamina- tion of entire groundwater basins can result when methane gas or leachate comes into contact with underlying groundwater. No land fill or liner system has ever proven to be free of leaks. If approved by the San Bernardino County Board of Supervisors, Rail-Cycle would be the nation's largest dump. Because of its size, unprecedented amounts of leachate and methane gas will be created. Because of its proximity to the Cadiz groundwater basin, leaking methane gas and leachate would come into direct contact with and contaminate the groundwater underlying the area. B. Potential Ground Rupture In spite of evidence of recent seismic activity in proximity to the proposed Rail-Cycle dump, the public has been told by the county to rest assured since, "current state law requires landfills to be set back 200 feet on either side of an active fault" (FEIR/EIS p D-12). Figure 7 shows the locations of mapped fault zones in proximity to the proposed dump. Each of these fault zones is reported by independent investigators to have undergone movement during the "Quaternary period" (which includes the Pleistocene and Ho- locene epochs) and they are therefore classified as either Active or Potentially Active under the definitions of the Califomia Public Resources Code. C. Flood and Erosion Risks Figure 8 illustrates the topographic setting of the proposed Rail. Cycle dump. The site lies at the base of the Orange Blossom Wash drainage which covers an area of approxi- mately 135 square miles. This basin receives runoff from the Granite Mountains, which reach elevations of over 6,500 feet. The potential for catastrophic flooding, debris flows, and erosion of the proposed dump is significant and unmitigateable. CADIZ till ClMPII'P IIC. Page 14 The Rail.Cycle FEIR/EIS states, "it is acknowledged that a retum period of over 100 years is appropriate for the design of some structures, such as dams and levees. The Probable Maximum Precipitation (PMP) design basis issued by the Califomia Depart- ment of Water Resources for the design of dams takes into account the high risks associ- ated with the potential breach of a dam". The FEIR/EIS then proceeds to state that "evaluation of a storm return period of over 100 years is not required by state (CCR Ti~e 23) or federal (Subtitle D) regulations to assess the potential flooding impacts associated with the proposed landfill". The Rail.Cycle proponents have failed to adequately investigate and document flood and erosion risks associated with the pro- posed dump. D. Air Pollution from Proposed Dump D- 1. Regional Air Quality Impacts The proposed Rai!.Cycle project would create more air pollution than any other project in San Bernardino County. The adverse impacts of this pollution are both environmental and economic. Environmentally, the project would generate so much new pollution that federal air quality laws would have to be changed before the project could obtain its final approval. Its major sources of air pollution are unregulated diesel locomo- tives used to transport trash from Los Angeles ~o eastem San Bernardino County and methane gas created from the decomposition of buried trash. Ironically, the Rail-Cycle project would create more air pollution than the controversial "Miliken Waste-to-Energy" project, a project that was rejected by the County Board of Supervisors because of its adverse air quality impacts. Economically, the project would have a devastating impact on new and expand- ing businesses in the Mojave Desert Air Quality Management District ("region"). Future business enterprises, to offset their air pollution impacts, would be re- quired to purchase air pollution credits. The proposed RailoCycle project would compete with every other business enterprise in the region to purchase air pollu- tion credits. Because of the sheer volume of air pollution Rail.Cycle would create, it is arguable that a sufficient number of air pollution credits exist to offset its air quality impacts. Regardless, it is not likely that the average small business can afford to compete with Waste Management, Inc. For this reason, new and expanding businesses would be forced to locate elsewhere, outside the region. CADIZ Page 15 CADIZ tJIID ClMPllll~ INC. D-2. Local Air Quality Impacts (Windbome Dispersal of Pollutants from Surface of Bristol Lake) Figure 9 presents two photographs taken at the Company's agricultural opera- tions during October, 1994 by Louis Gonzalez, Farm Manager. These photo- graphs show massive dust storms caused by windbome dispersal of fine-grained sediments and chemical precipitates from the surface of Bristol Lake. Mr. Gonzalez's records during the past six years at Cadiz indicate that major dust storms off the surface of Bristol Lake occur episodically at a rate of approxi- mately four to six times per year. These dust storms are frequently severe enough to impede visibility at the Cadiz agricultural operations, at distances as great as ten miles from the eastern margin of Bristol Lake. During such dust storms field operations are suspended in the interest of worker safety. The potential for windborne dispersal of such pollutants from the surface of Bristol Lake has not been addressed in the Rail.Cycle EIR/EIS documentation. E. Pest and Disease Vectors from Proposed Dump The potential environmental impact of the proposed dump to native .V..¢getation and to existing agricultural development at Cadiz, due to introduction o.f..pest and disease vectors, has not been adequately addressed in the EIR/EIS documentation. No similar dumps currently exist in proximity to commercial pest and disease-free agricultural developments. The Rail.Cycle EIR/EIS has no credible basis for dismissing the risk of immediate and permanent damage to the Company's agricultural operations. Infestation by Mediterranean Fruit Fly is the most recent of several insect related agri- cultural disasters to have occurred in recent years throughout California. Mr. Larry Yee, the director of the University of California Cooperative Extension and a member of Ventura County's special Medfly task force is quoted as saying that "the, Medflies most likely were transported to the area in some sort of contaminated fruit or soil that could have come from anywhere in the world" (The Packer, October 10, 1994). In an emer- gency effort to salvage the estimated $850 million agriculture industry in Ventura County, state officials approved immediate aerial spraying with the controversial insecti- cide, Malathion. Similar disastrous infestations have occurred in Southern California with the White Fly. Imperial County farmers have been forced to fallow hundreds of acres of f~i~"'land ordinarily planted with fall and spring melons. Mosaic Virus, transmitted by aphids, has been responsible for forcing similar moratoriums on several row crops in the Salinas Valley. Growing governmental and market pressures for reduction of pesticide use have limited the means with which to mitigate infestations once they occur. Such pressures often leave no alternatives other than crop abandonment. Page 16 The allegations by Rail,Cycle and its consultants that the proposed dump is compatible with existing agricultural operations in the Cadiz area are unsupported and without merit. CADIZ Page t7 R10E R15E CADIZ LAID COHPAIY IIC. T10N T08N '. -.-. '.:.', ~n Proximity to Proposed T04N T02N Rail,Cycle Mega-Dump 0 15 10 -, -":'..' :'.::" · ' "'i' ' ' :'.,z; ~ ~ . . Figure 8: Quaternary Fault Zones Ir~ Proximity to the Proposed Rail,Cycle Dump. Page 18 CADIZ LAND COH~AHY IIC. Page 19 CADIZ LAHO CONPAHY liE. Page 20 VI. Conclusion For additional information, please contact: Keith Brackpool, CEO or Ted Dutton, V.P. Development Cadiz Land Company, Inc. 10535 Foothill Boulevard, Suite 150 Rancho Cucamonga, California 9 1730 (909) 980-2738 (909) 980-6738 (Fax) CADIZ Page 21 - NO DATA - P~ II~ P-8 I I P-11 9 {,2, i I I MW-S (296S C. ARGI3,J, SALTS WEL~ . P-13 LEGEND ~ MW-1 t PCol (1873) GROUND WATER MONITORING WELL PIEZOMETER CLUSTER % %, · P...8 PIE:ZOME'T~R 4IF MW-5 REPORTED TOTAL DISSOLVED (2969) SOLIDS CONCENTRATION -- ~ ~ LINE OF EQUAL CONCENTRATION ~ INTERPOLATED 3000 rag/t, OF TOTAL DISSOLVED SOLIDS CONTOUR NOTES: 1. CONTOURS DEVELOPED BASED ON DATA COLLECTED DURING APRIL 1991 WHILE LESLIE SALT'S {CARGILL) BRINE PUMPS WERE PUMPING. 2 THIS DATA APPLIES TO THE UPPERMOST PORTION OF THE SATURATED ZONE. SUBSTANTIALLY HIGHER CONCENTRATIONS OCCUR AT OEPTH IN THE SOUTHERN PORTIONS OF THE SITE. SO~qCE: JACOB$. minerob. 0 4.000 8,000 FEET SCALE FIGURE 4.2.2 TOTAL DISSOLVED SOLIDS CONCENTRATIONS IN GROUND WATER RAIL, CYCLE BOLO STATION LANDFILL ENVIRONMENTAL SOLUTIONS, INC. 4.2.-4 Figure 1-1: Total Dissolved Solids Concentrations in Ground Water, Figure 4.2.2. from Rail*Cycle SDEIR/EIS, December 1993 MW-2 - P-11 (421) 26~0 < 500 mg/L TDS / 2.900 MW-7 MW-5 Figure 1-2: Portion of Bolo Station Site Underlain by Groundwater Having Less Than 500 mg/L TDS Environmental Protection Agency Recommended Drinking Water Quality = 500 mg/L MW-2 P-11 (421) < 700 mg/L TDS / z,;oo MW-7 MW-5 (2969Q~: ~ ,voo~l~o 600 (1873) ,'aDo '~1:t:, % ",'q:; °oo Figure 1-3: Portion of Bolo Station Site Underlain by Groundwater Having Less Than 700 mg/L TDS Water in Colorado River Aqueduct = 660 mg/L. The Colorado River Aqueduct is the largest single source of water in Southern California. 2660 < 1,100 rn g/L TD S MW-S (2969Q, ~ ~ ~ ( )~aoo (1873) ,'.~t::~ % -,T::b % "',q::, Figure 1-4: Portion of Bolo Station Site Underlain by GroundwaterHaving Less Than 1,100 mg/L TDS San Pellegrino Bottled Water = 1,118 mg/L ?zoo 26~,0 MW-5 < 2,500 mg/L TDS - P-11 (421) (1873)' '~o '~1:b ',./cb Figure 1-5: Portion of Bolo Station Site Underlain by Groundwater Having Less Than 2,500 mg/L TDS Gerolsteiner Bottled Water = 2,527 mg/L < 3,000 m g/L TD S 26~,0 - P-11 (421) MW-5 (29 I" " ~ >C-2 (1873) P-13 ~ (953)~oo Figure 1-6: Portion of Bolo Station Site Underlain by Groundwater Having Less Than 3,000 mg/L TDS Under State Water Resources Control Board Resolution #88-063 a Potential Domestic or Municipal Water Supply = 3,000 mg/L TDS "T rn I,j Z /'** m / _, 80000 70000 60000 50000 40000 30000 20000 10000 0 0 BRISTOL LA~ LEGEND 0 II IIIIIII I 10000 20000 30000 40000 50000 60000 70000 80000 Figure 2-3: Computer Model of Well Field Drawdown and Groundwater How Directions Injection wells are shown with white circles. Approximate groundwater flow directions are shown with blue arrows. Resolution number A resolution of the City of Water Coalition' initiative. City Council endorsing the "Clean Desert Whereas, the "Clean Desert Water Coalition' is committed to protecting underground water, and Whereas, the coalit}on has proposed an initiative in order to protect such underground water resources; and Whereas, the imitative titled, "Separation between large solid waste landfills and significant water resources, "would place a 10 mile buffer between trash dumps I landfills and underground aquifers; and Whereas, the initiative would help ensure more sensitive placement of all future landfills; and Whereas, the initiative would help ensure the citizens of San Bemardino County a safer quality of life protecting them from the harmful effects of contaminated groundwater, and Now, therefore be it resolved, that the City Council supports the "Clean Desert Water Coalition" and their proposed initiative protecting underground water resources and hereby requests that the San Bernardino County Board of Supervisors take the action necessary to suppod such initiative. Be it furlher resolved that this resolution be noted in the minutes of the City of City Council meeting and a copy presented to the San Bemardino County Board of Supervisors. Passed, approved and adopted on the day of ,1995 Mayor Attest City Clerk I hereby certify that the foregoing resolution was adopted by the City Council of the City of at a regular meeting thereof, held on the day of 1995 by the following vote of the council: ' Ayes: Council members: Noes: Council members: Absent: Council members: Cadiz Briefing Booklet September 13, 1995 CADIZ LitNO COI~PRIff INC. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 20, 1995 Members of the City Council Jack Lam, AICP, City Manager Willliam J. Alexander, Mayor William J. O'Neil, City Engineer ROUTE 30 TASK FORCE UPDATE On September 19, 1995, the Route 30 Task Force convened in the Tri-Communities Room at City Hall. The Task Force has not met since June 21, 1995, due to summer vacations. The first discussion item was presented by Caltrans and was on the Route 30/Sapphire issue. A1 Hudgens from Cattrans indicated they have been studying the issue and have determined that an approach they had felt might be possible, in terms of acquisition of additional fight-of-way was not t~asible. Mr. Hudgens indicated Caltrans will continue to work on this area tbr the purpose of 'reducing the cost of this portion of the project. Caltrans will report back to the Task Force at a future date when their findings are complete. 'Fhe second item of discussion was the I-15/Route 30 Interchange. Chairman Alexander opened this portion of the meeting to question and discussion. There were one or two questions regarding this issue. Plans showing the landscaping and circulation for this interchange project were displayed. It was the consensus of the Task Force this issue, which had previously been reviewed by the Task Force, was complete and no further input from the Task Force was necessary. The last issue on the agenda ~vas the discussion of the Phasing. At the request of SANBAG this item was postponed for a future meeting. The Task Force agreed to change the meeting date for the next meeting from October 10 to October 17, 1995. The agenda item for this next meeting will be discussion of interchanges. Respect _fplly submitted, ( - Williarn'J. Alexander Mayor WJA:WJO:dlw Rancho Cucamonga Complaint Summary -August 16, through September 18, 1995 10 11 12 13 14 15 16 17 18 19 21 Customer Name Gary Gagnon Joe Hendrickson Jerry Young Barbara Snyder William Forroster Gloria Glover Susan Dineen Vicki Hits Carolyn Olague Bruce Schram LouSe Couto Ralph Torlucci Larry Kavanaugh Mark Kelley AI de Marchi Mike Kuhn Robert Lilly Bill Sable Frank Spatola Cecil Moll Wesley Howell Lee Barbsrosa Jane Willis Nature of Problem Requests premium guide Claims cable was disconnected by mistake. Needs cable replaced. He was asked to share in replacement cost of cable. Poor reception Outages Poor Reception, Doesn't want to pay bill. Ms. Dineen test that the price of the Tyson Pay-Per-View fight was too high, Poor Reception Construction crews worked in her yard without permission. His cable runs along telephone poles. He requests that it be buried. Poor reception - outages Wants cable installed in a mobile home park that's currently not wired for service. Street cut not completely repaired. First available installation appt. was 2 weeks out. Poor reception - lawn mower hit conduit. Billing Dispute Called the city - did not want to file complaint. Says his service is sometimes bad, but ifs OK. now. He will call back if problem reoccurs. Outage - can't get through on phone Quoted 2 different installation rates Poor reception Poor reception First available installation appt. is 7 days out. Felt she was misled about Disney rates Marks CableVision Response A letter was mailed to Mr. Gagnon on 8/22 explaining the reason that we discontinued the premium guide last April. Mr. hiendrick, son has moved since he called in his complaint, No forwarding address was left.. Mr. Youngs cable was replaced on 8/23 at no cost to him. He was misinformed of charges. A technscian responded to problem on 8/23. Excessive heat caused a breaker switch to shut off. The service was restored w~thin 40 minutes. Ms. Glover seems to develop unconfirmed reception problems consistantty month to month just prior to when her bill is due. She can rarely ever be home, so that we can verify the problem. We've offered to come in the evening, Saturdays or Sundays, but she says she doesn't have time. Her cable lines have been tested outside her home and no problem can be found, I left a message for Ms. Dineen. To date, I have not heard from her. A service technician responded to the problem on 8/24. Emergency repairs were made to cable lines located within the public easement. Permission was not required. Howaver, training has been held to improve construction crews customer service skills .Crews have been instructed to notify property owners prior to beginning work, Individual selection of how cable lines serve a particular home is not an option. The cause of the problem was a loose cable - problem corrected that same day, 8-24. Marks CableVision construction crews wdl have the entire complex wired by 9-26.. The street cut was fully repaired on 9/11. The installation schedule became back-logged, but was later pulled back in. Mr, Kelley was installed on 8/31, just 3 days out. Problem fixed. Message left on 9-20 with Mr. de Marchi to verify saiisfaction. Billing dispute resolved, No response. Our customer service manager spoke with Mr. Sable on 8/30. Our customer servsce manager contacted Mr. Spalots and clarified our installation rates. A service call was scheduled and completed for Ms. Moll. Mr. Howell says problem is intermittant. Technical Manager Mark Wood responded to problem on 9-18. He is still researching problem and expects to have it corrected by 9/21 This is a busy time of year for cable installations. Mr. Barbarosa's cable was installed on 9-19. A misunderstanding. Disney rates are exclusive of other premium service rates. Calls to city regarding September 13, 1995 outage: 20 CITY OF RANCHO CUCAMONGA STAFF RF, PORT DATE: September 20, 1995 TO: Mayor, Members of the City Council, Jack Lam, AICP, City Manager, FROM: William J. O'Neil, City Engineer BY: Lucinda E. Hackett, Associate Engineer and Karen Mc Guire-Emery, Associate Park Planner SUBJECT: APPROVAl, OF APPI ,ICATION FOR I,AND AND WATF, R CONSERVATION FUND FOR DON TAPIA PARK AND FOR HABITAT CONSERVATION FUND FOR NORTHEAST PARK NATURALIZED INTERPRETATIVF, MUI,T-PURPOSE TRAIl ,S RECOMMENDATION It is recommended that City Council approve the attached resolutions authorizing City Staff to apply for grant funding through the State of California Park and Recreation Department. Both grants require fifty percent matching funds which will be budgeted in future fiscal years as funds become available. BACKGROUND/ANAl ,YSIS Applications are due to the State Park and Recreation Department by October 2, 1995 for the Land and Water Conservation Fund and the Habitat Conservation Fund. Staff is recommending the following projects for application to the State for the grant funds. Don Tapia Park This park site is located on Alta Cuesta Drive south of Base Line Road and adjacent to the Cucamonga Creek Channel. Park and street improvements have been prepared by a design consultant. Improvements for this facility will include multi-purpose trails, tot lot, restroom, parking lot, open space/picnic amenities as well as an interpretative garden for water conservation methods. Park improvement construction costs would be approximately $750,000 of which staff would apply for $250,000 from the Land & Water Conservation Fund. The balance of the funding would be budgeted in Funds 20 (Park Development) and Fund 21 (Beautification) in the FY 96/97. Frontage street improvements for Alta Cuesta Drive are approximately $100,000, proposed funding for FY 96/97 would be from Proposition 111 (Fund 10). Northeast Park This park site is located on East Avenue north of Summit Avenue, adjacent to Summit Intermediate School. The first 10-12 acres in under design and due to begin construction in Winter of 1996. Phase 1 will include Soccer/football fields, restroom facilities, parking lot, tot lot, passive open areas with picnic amenities and open space play area. Staff is applying for $200,000 from the Habitat Conservation Fund to expand the trail system with the first phase of construction at Northeast Park. This grant matches 50% of local funds which we already have for the park. The funds would go towards completing an interpretative multi-purpose trail system in the Riversidian sage scrub habitat area located in the easterly 20 acres of the park. City Engineer Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR DON TAPIA PARK PROJECT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for administration of the program in the state, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the state; and WHEREAS, the proposed Don Tapia Park project is consistent with the Statewide Comprehensive Recreation Resources Plan; Califomia Outdoor Recreation Plan - 1994; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding project; NOW THEREFORE, BE IT RESOLVED that the City Council hereby; 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and Certifies that said agency has matching funds from the following source(s): Fund 20 - Park Development, Fund 21 - Beauti~cation, Fund 10 - Proposition 111 (Street Improvement) and can finance 100% of the project, half of which will be reimbursed; and Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and Appui.ts the City Engineer as agent of the City to condue, t all ne__,Zn_fi~tle-~ and ~-'ecute and submit all doemnc.~t~, itzclUCllng,'out-~r,:.",.12z::.'ieti to, applications, agreements, amendments, billing statements and sa on, winch may be necessary for the completiut. of the. aforementioned proje?t~ .... --' ~ CITY COUNCIL RESOLUTION APPROVING THE APPLICATION GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM September 20, 1995 Page 2 Appoints the City Engineer as agent of the City of Rancho Cucamonga to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPI~OVING THE APPLICATION GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1995-96 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE NORTHEAST PARK NATURALIZED INTERPRETATION MULTIPURPOSE TRAILS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the people of the State of Califomia have enacted the Califomia Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, said application(s) contain assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project(s); NOW THEREFORE BE IT RESOLVED that the City Council of the City of Rancho Cucamonga hereby: Approves the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State Grant Assistance for the above project(s); and Certifies that said applicant understands the assurances and certification in the application form; and Certifies that said applicant has or will have available prior to commencement of any work on the project(s) included in this application, the required match; and will have sufficient funds to operate and maintain the project(s); and