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HomeMy WebLinkAbout1997/04/17 - Minutes April 17, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Rec~ular Meetina A. CALL TO ORDER An adjoumed meeting of the Rancho Cucamonga City Council was held on Thursday, April 17, 1997, in the Council Chambers of the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:12 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: Jerry B. Fulwood, Deputy City Manager; Andy Arczynski, Deputy City Attorney; Brad Buller, City Planner; Brent Le Count, Associate Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Mike Olivier, Sr. Civil Engineer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation declaring the week of April 13-19 as National Library Week in Rancho Cucamonga, recognizing the fact that 'Kids Connect (~ the Library.' Mayor Alexander presented the proclamation to Robert Howdyshell. Mr. Howdyshell thanked the Council, staff and the community for all of the support everyone has shown. B2. Presentation recognizing the outstanding contributions of Bill Anthony, John Mannedno, Dusty Taylor and Dixie Langdon in planning, organizing and participating in the broadcast of the highly successful Ubrary Telethon, Kids Connect @ the Library. Mayor Alexander presented certificates to those listed above and the addition of Joe Lyons. He also recognized Jackie Diaz for winning the singing contest at the telethon.. Mayor Alexander gave a special thanks to Councilmember Williams for her continuous hard work relating to the library and the telethon. Councilmember Williams mentioned that the idea of the telethon was John Mannerino's and that he was the spark behind it. B3. Mayor Alexander announced that today was Jan Sutton's, Deputy City Clerk, last day because she was moving to Arizona. He stated the City would definitely miss her. City Council Minutes April'17, 1997 Page 2 C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 3/26/97 and 4/2/97 and Payroll ending 3/30/97 for the total amount of $2,444,568.87. D2. Approval to receive and file current Investment Schedule as of March 31, 1997. D3. Alcoholic Beverage Application for On-Site Sales of Beer and Wine for Los Hermanos Cafe, Irene and Perry Vives, 7201 Archibald Ave., Suite 11. D4. Alcoholic Beverage Application for On-Sale General for Kens Japanese Restaurant, 10006 Foothill Blvd. D5. Approval of Application to County of San Bernardino, Department of Aging and Adult Services for a supportive services and services to the frail older person grant. RESOLUTION NO. 97-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATION TO THE SAN BERNARDINO COUNTY, DEPARTMENT OF AGING AND ADULT SERVICES FOR A 1997/98 SUPPORTIVE SERVICES/SERVICES TO THE FRAIL PROPOSAL GRANT D6. Authorization to purchase one (1) International Navistar Dump Truck Model 4700 from Dieterich International per City of Rancho Cucamonga RFP 9697001. Amount of purchase not to exceed $52,626.03 from fund 72-4225-7045 fiscal year 1996/97 appropriation. Vehicle replaces asset #0798 (unit 632). D7. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Ughting Maintenance District Nos. 1 and 6 for Conditional Use Permit 95-20, located at the southwest corner of Arrow Route and Red Oak Avenue, submitted by Katelarius. RESOLUTION NO. 97-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 95-20, KATELARIUS RESOLUTION NO. 97-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR CONDITIONAL USE PERMIT 95-20, KATELARIUS City Council Minutes April 17, 1997 Page 3 D8. Approval to execute Improvement Agreement, Improvement Securities and Ordedng the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 96- 06, located on the south side of Base Une Road, west of Carnelian Avenue, submitted by Bandy/Shyer RESOLUTION NO. 97-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR MDR 96-06 RESOLUTION NO. 97-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR MDR 96-06 D9. Approval and execution of Amendment to Cooperative Agreement, State Agreement No. 8-786, between the City of Rancho Cucamonga and the State of California, for the design and construction of traffic control signals, safety lighting and roadwork on Route 66 at Baker Avenue. RESOLUTION NO. 97-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF AMENDMENT TO COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-786, FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS, SAFETY LIGHTING AND ROADWORK ON ROUTE 66 AT BAKER STREET D10. Approval to execute Improvement Agreement Extension, accept irrevocable standby letters of credit issued by United National Bank and release irrevocable standby letters of credit issued by United World Chinese Commercial Bank for Tract 13759, located on the west side of Haven Avenue, north of the Southern Pacific Railroad, submitted by Fu Mai Limited Partnership. RESOLUTION NO. 97-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND ACCEPT IRREVOCABLE STANDBY LETTERS OF CREDIT ISSUED BY UNITED NATIONAL BANK AND RELEASE IRREVOCABLE STANDBY LETTERS OF CREDIT ISSUED BY UNITED WORLD CHINESE COMMERCIAL BANK FOR TRACT 13759 D11. Approval to accept Contract No. CO 96-037, the roof replacement for Civic Center and Police Station Project, located at 10500 Civic Center D~ve, funded from Account 17-5100, approve the final contract amount of $204,376.00, and authorize the City Engineer to file a "Notice of Completion." RESOLUTION NO. 97-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE CIVIC CENTER AND POLICE' STATION, CONTRACT NO. CO 96-037, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 17, 1997 Page 4 D12. Approval of Preliminary Engineer's Report and Setting of the Public Hearing for May 21, 1997, to levy the annual assessments for fiscal year 1997/98 and approve the Preliminary Engineer's Report for Street Lighting Maintenance Districts Nos. 1,2, 3, 4, 5, 6, 7 and 8. RESOLUTION NO. 97-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,' OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1,2, 3, 4, 5, 6, 7 AND 8 RESOLUTION NO. 97-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 1997/98 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE OF HEARING OBJECTIONS THERETO D13. Approval of Preliminary Engineer's Report and Setting of the Public Hearing for May 21, 1997, to levy the Annual Assessments for F~cal Year 1997/98 and approve the Preliminary Engineer's Report for Landscape Maintenance Districts Nos. 1,2, 3A, 3B, 4, 5, 6, 7 and 8. RESOLUTION NO. 97-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICTS NOS. 1,2, 3A, 3B, 4, 5, 6, 7 AND 8 RESOLUTION NO. 97-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 1997/98 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE OF HEARING OBJECTIONS THERETO MOTION: moved by Curatalo, 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 El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 96-02 - CITATION HOMES - A request to amend the VIctoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 18 acres of land at the northeast comer of Milliken Avenue and Victoria Park Lane- APN: 227-011-17. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. City Council Minutes April 17, 1997 Page 5 Debra J. Adams, City Clerk, read the title of Ordinance No. 572. ORDINANCE NO. 572 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-02, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 18 ACRES OF LAND AT THE NORTHEAST CORNER OF MILMKEN AVENUE AND VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-17 E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 96-03 - CITATION HOMES - A request to amend the VIctoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 12.4 acres of land south of Highland Avenue, east of Woodruff Place - APN: 227-011-26. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 573. ORDINANCE NO. 573 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-03, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 12.4 ACRES OF LAND SOUTH OF HIGHLAND AVENUE, EAST OF WOODRUFF PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-26 MOTION: Moved by Curatalo, seconded by Williams to waive full reading and approve Ordinance Nos. 572 and 573. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-01 - MILLER FAMILY AND ASSOCIATES - A request to add Funeral and Crematory Services as a conditionally permitted use in Subarea 8 (General Industrial) of the Industrial Area Specific Plan. Staff report presented by Brent Le Count, Associate Planner. Councilmember Curatalo inquired where the crematory would be located in relation to the Cowboy Burger. Brent LeCount, Associate Planner, stated it would be right next door. Councilmember Gutierrez asked which area already would allow this type of use. Brent LeCount, Associate Planner, stated subarea 6 and 4. Mayor Alexander asked for a show of hands of those opposed to the project. City Council Minutes April 17, 1997 Page 6 Those attending and opposing the project stood. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Jim Doltar, Advanced Coating, has a business near the crematory site. He felt this project was ludicrous and felt everyone's opinions were ignored at the Planning Commission meeting. He stated he has problems with the Miller Family's credibility. He stated he has a question who the Miller Family and 'Assodates" are. He read a list of cities that do not have crematoriums. He felt if there has to be a crematorium in Rancho Cucamonga it should be at another site or in another City. A resident (did not give name), stated he did not like the location of the crematorium and felt there would be an odor from it. He commented on the Cowboy Burger's owner being upset with the idea of this project. He stated he did not like the idea of this project either. Stephanie Burke, representing the owners of Arrow Business Center, stated they are pleading for the Council not to approve this project. Tony Conn, Universal Foods, stated they could have put their business in any City, but chose Rancho Cucamonga. He stated they did not like the idea of the crematory in this City. Rich Fletcher of Arrow Business Owners Association, reported that this had been on the Channel 9 news because this was so ridiculous. He stated they do not want a zone change. He stated there would be a lot of funeral vehicles on the City streets because of the crematorium. He added there will be a smell and smoke into the atmosphere. He continued to give more information about the ovens they use to in their process. He read a letter into the record which is on tile in the City Clerk's office. Unda Trujillo of Rancho Cucamonga, stated she has worked on the State Crematory Board which is part of the Department of Consumer Affairs. She talked about other crematoriums and problems associated with it. She stated she was concerned about how the crematorium would be run. She felt there were a lot of issues that need to be considered and asked that this project not be allowed in Rancho Cucamonga. Charlotte Hayes, Ramona Avenue, stated they oppose the zone change and the crematorium and mortuary. She stated they are concerned for the health, traffic and odors this would create. She did not think they needed this project in Rancho Cucamonga. She stated they will remember who votes for this at election time. Henry Reiter stated he did not see how a mortuary would fit in this area and that he was against the project. Jorge Garda, resident of the City, stated he disagreed with the staff report and asked for the Council to approve this project. Lowell Gomes, property manager for Arrow Business Owners Association, stated he wishes the City would stick wffh their plan. He hoped that this project would not be approved. He also added them would be emissions from the crematorium. Greg Harson, Paramount Machine Co. near the Cowboy Burger, stated he is representing his employees who are opposed to the crematorium because of the smell and just the thought of it. He asked that it be put in writing that there would be no smell. Chris Miller of the Miller Family, stated they have decided to have this crematorium in Rancho Cucamonga bocause it is the largest City in San Bernardino County that does not have these types of sen~ces. City Council Minutes April 17, 1997 Page 7 Gan/, an associate of the Miller Family business had pictures of other crematories in other cities. He stated he felt they could provide a service that Rancho Cucamonga needs. Don PJdgeway, manufacturer of what they are trying to put in Rancho Cucamonga, continued to report on the capacity of the equipment. He responded to a question from the audience regarding the smell and stated if the ovens were turned off during a cremation that there would be an odor. Gary Bancrost, $CAQMD, stated he is not opposing or supporting this project. He continued to talk about the process to get the approval from his organization so they could go ahead with this project. He stated he could not guarantee that there won't be any smoke or odor coming out of the facillity, but that if there is a problem his company should be notified to check it out. Mark Hufner talked about other cities that could be considered for this business. He talked about how the City was zoned from north of Foolbill to south of Jersey. He stated they feel the site is appropriate and appropriate for subarea 8. He asked that the Council approve this project. Jim Barton stated he is still a landowner in the area. He continued to talk about the progress of the City and felt the Council needed to look beyond the planning and what the ultimate project will look like. He stated there were other businesses in the area that have to have their smoke stacks checked by AQMD and that this was a fear for some people. He stated he supported this project because there is a need for it. He felt this was the right use for this area. Mr. Doltar stated his question is still why isn't there a crematorium in Corona. Rob Cuzzell, 10783 Edison Court, stated he had called around to see which cities allowed crematoriums and could not find one. He felt everyone was against this except for a few people. He felt the Council should listen to the people. Richard McMillen, representing Mr. Cadaleris, owner of the Cowboy Burger, didn't feel a zone change should take place unless there is a good reason to do it. Lucy Reese asked why so many people are so opposed to this project in Rancho Cucamonga. She stated she has listened to all of the information and asked what was the real issue. She asked why is everyone so opposed to a service that is so needed. Joe Enzeotto felt everyone needed to concentrate on the zoning instead of the other issues. He asked the Council to take this seriously because it is very important to everyone. Charlotte Hayes asked why can't this be put in another City. She stated she did not feel the zone change would go along with the other uses in the City. Karen Dissario, Arrow Business Condominims, stated she would be happy to go somewhere else for these types of services, but that she bought her business knowing a crematory would not in Rancho Cucamonga. There being no further comments, the public hearing was closed. Mayor Alexander stated his decision would be made whether popular or not. He stated the City does not have a cametary, but that it does have a plan. He stated he does not agree with the Planning Commission and did not feel this facility should be located where it is being proposed. He did not feel it was fair to other businesses to have this facility near them when they are opposed to it and especially when they were not aware when they bought their business that this would be near them. He felt this should go to a more appropriate area but did not feel this was the location it should be in. He felt the business was needed, but not at this location. City Coundl Minutes April 17, 1997 Page 8 Councilmember Gutierrez stated he felt there is a need and wanted the Millers to do business with the City. He stated he is concemed about Mr. Cadaleris because he has started building his business and now finds this type of business is being proposed near him. He did not agree with this, but pointed out that the Council is trying to be fair and that everyone would not be happy. Councilmember Williams stated she felt the Miller family has mislead everyone with this project. She stated she did not see any reason to give them false hope and that there were other areas in the City they can have their buisness instead of this location. She felt the people know what kind of surrounding businesses will hurt their own businesses. She felt this use at this location was unacceptable. Councilmember Curatalo statd he agreed with the people that Rancho Cucamonga does need a mortuary and hoped something could be worked out for the Miller Family to come to Rancho Cucamonga. He felt not all of the questions have been answered. He stated he would not support the request to change the zoning. Councilmember Biane thanked everyone who came out for this. He stated he is surprised with the Planning Commission's decision approving this project. He stated he does not make decisions on whether he will get re-elected or not, that he listens to the facts. He stated he would vote to deny the applicant's request. Debra J. Adams, City Clerk, read the title of Ordinance No. 574 ORDINANCE NO. 574 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-01, TO ADD FUNERAL AND CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 8, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Williams to deny the applicant's request. Motion carried unanimously 5-0. A recess was taken at 9:55 p.m. The meeting was called back to order at 10:14 p.m. with all Councilmembers present. F2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. CONSIDERATION OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations in all industrial zones to be consistent with Federal Communications Commission recent regulations. CONSIDERATION OF SUBAREA !8 SPECIFIC PLAN AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations to be consistent with Federal Communications Commission recent regulations. Staff report presented by Brad Bu!ler, City Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes April 17, 1997 Page 9 Debra J. Adams, City Clerk, read the title of Ordinance No. 575. ORDINANCE NO. 575 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE; PART III, SECTION IVJ~.5 OF THE INDUSTRIAL AREA SPECIFIC PLAN; AND SECTION 5.4 (PAGES 5-30) OF THE SUBAREA 18 SPECIFIC PLAN, PERTAINING TO THE REGULATION OF RADIO AND TELEVISION ANTENNAS, INCLUDING SATELLITE DISH ANTENNAS MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set second reading of Ordinance No. 575 for May 7, 1997. Motion carried unanimously 5-0. F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 97-0! - CITY OF RANCHO CUCAMONGA - A request to change the zoning from Low Residential (2-4 dwelling units per acre) to General Commercial to be consistent with the General Plan for approximately 4.34 acres of land on the east side of Archibald Avenue, south of Arrow Route - APN: 209-041- 27, 41, and 47. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report by Tom Grahn, 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 Ordinan. ce No. 576. ORDINANCE NO. 576 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 97-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM LOW RESIDENTIAL TO GENERAL COMMERCIAL FOR 4.34 ACRES OF LAND, LOCATED ON THE EAST SIDE OF ARCHIBALD AVENUE, SOUTH OF ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209- 041-27, 41, AND 47 MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 576 for May 7, 1997. Motion carried 4-0-0-1 (Biane abstained). Councilmember Biane stated he was abstaining because of a real estate deal he was involved in which was a conflict with this item. F4. CONSIDERATION OF SIGN ORDINANCE AMENDMENT 97-01 - TEXACO - A request to amend the Sign Ordinance by adding regulations to allow the identification of subtenants within service stations. Staff report by Brad Buller, City Planner. Councilmember Williams asked why did we have a sign ordinance when we go ahead and let people do things that do not comply with it. City Coundl Minutes April 17, 1997 Page 10 Brad Buller, City Planner, stated there are violations in the City and that the Planning Commission is equally concemed. Councilmember Gutierrez stated he and Mayor Alexander and two of the Planning Commissioners are looking at these types of violations in the task force meetings. He stated the Code Enforcement Division is proposed to be increased in next year's budget which he felt should be made a priority because of the number of code violations in the City. Bill Makshanoff, Building Official, stated even if the addition of Code Enforcement Officers is approved, the Council's concerns need to be prioritized for staff to follow through. Mayor Alexander stated he agreed. Debra J. Adams, City Clerk, read the title of Ordinance No. 577. ORDINANCE NO. 577 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97- 01, AMENDING TITLE 14 OF THE MUNICIPAL CODE BY ADDING NEW REGULATIONS FOR SUBTENANT SIGNS WITHIN THE SERVICE STATION CLASSIFICATION MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 577 for May 7, 1997. Motion carded unanimously 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF SECOND PUBLIC HEARING FOR ASSESSMENT DISTRICT 93-01 AT THE SOIJTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE {MASI DEVELOPMENT) Staff report by Mike OIMer, Sr. CMI Engineer. John Friedrick, Assessment Engineer, addressed the Council and stated there are some changes to the Englneer's report which were identified in bold. He added there are 27 lois and that 26 are owned by Masi which did vote yes. He stated that makes it 96.9% yes votes to approve this. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 97-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE BALLOT TABULATION, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES, AND APPROVING THE ASSESSMENT ENGINEER'S REPORT MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 97-056. Motion carried unanimously 5-0. City Council Minutes April 17, 1997 Page 11 H. CITY MANAGER'S STAFF REPORTS H1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE Staff report by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public input. Addressing the City Council was: Jane Bradshaw, Task Force Member, stated at the last meeting held on April 8, and that only 5 out of 16 task force members were present. She felt the poor turn out was due to the irresponsible way in which the members were notified of the unscheduled meeting. She pointed out she did not receive notification about it until April 7, 1997. She stated there were still such outstanding issues to be discussed such as lighting, sound continuation, West Beryl Park parking, landscaping and wanted to add the possibility of triple trailer trucks that could be driving through the City. She also mentioned there would need to be updates on funding and ground breaking. Councilmember Biane asked if there was anything new on the landscaping. Joe O'Neil, City Engineer, stated they are still working on a report for this matter. ACTION: Report received and filed. No items submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Gil Rodriguez stated he has been involved in a CUP process for about 1% years and also the development review process. He advised the Council that his project is at Vineyard and Foothill. He stated because this process is taking so long he is running out of energy. He continued to give more details as to the delay of getting his project approved. Mayor Alexander asked him if he would like this on the next Council agenda. Mr. Rodriguez stated he goes before the Planning Commission next Wednesday and that he will be subm~ng informalion to them, so he would wait to see what the outcome was of that meeting before he decided to bdng it back to the Council. Mayor Alexander concurred. City Council Minutes April 17, 1997 Page 12 L. ADJOURNMENT MOTION: 'Moved by Biane, seconded by Gutierrez to adjourn to executive session to discuss property negotiations per Government Code Section 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties; regarding terms of payment~ Motion carried unanimously 5-0. The meeting adjourned at 11:00 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: June 4, 1997 City Council Minutes April 17, 1997 Page 12 L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to executive session to discuss property negotiations per Govemment Code Section 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties; regarding terms of payment. Motion carried unanimously 5-0. The meeting adjourned at 11:00 p.m. No action was taken in executive session. Respectfully submitted, City Clerk Approved: June 4, 1997