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HomeMy WebLinkAbout1992/11/18 - Minutes November 18, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CAI,I. TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 18, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:09 p.m. by Mayor Dennis L. Stout Present were Boardmembers: William J. Alexander, Charles J. Buquet II, Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; O!en Jones, Sr. RDA Analyst; Brad Buller, City Planner; Scott Murphy, Associate Planner; Joe O'Neii, City Engineer; Mike Olivier, Sr. Civil Engineer; Robert Dominguez, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation declaring the week of November 22 - 28, 1992 as Family Week in Rancho Cucamonga. Mayor Stout presented the Proclamation to Steve Esher (Father Dahlia was not present). Steve Esher thanked the City for its support of the family and presented the City with a statue resembling the strength of the family. C. COMMUNICATIONS FROM THE PUBIJIC C I. Councilmember Wright thanked the people of Rancho Cucamonga for allowing her to serve as a representative of the City. She also thanked the City Council and City staff for all their support over the years and stated she was proud of what she had accomplished in the City. City Council Minutes November 18, 1992 Page 2 (2) (3) (4) (s) D. CONSENT CALENDAR D1.., Approval of Warrants, Register Nos. 10/28/92 and 11/4/92 and Payroll ending 10/22/92 for the total mount of $1,045,035.16. D2. Approval to receive and file current Investment Schedule as of October 31, 1992. D3. Approval to appropriate $5,1300.00 from Fund 22 - "Systems Development" to Account No. 224637-8942 for the preparation of an evaluation and appraisal per the direction of the City Attorney of a partial taking for the "Foothill Boulevard at Rochester Avenue Signal" project. (0401-11 FUND TRANS) D4. Approval of a resolution authorizing the City Manager to donate equipment to the County that has been given to or purchased by the City for the purpose of law enforcement (0100-00 ADMIN) (1301-00 SHERIFF) RESOLUTION NO. 92-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING THE CITY MANAGER AUTHORITY TO DONATE EQUIPMENT USED FOR LAW ENFORCEMENT TO THE COUNTY OF SAN BERNARDINO, PROVIDING FOR THE USE OF THAT EQUIPMENT IN THE CITY, AND FOR THE BUY BACK OF THAT EQUIPMENT BY THE CITY FOR ONE DOLLAR D5. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6 for Parcels Numbered 1 through 8, 10, 11 and 13 through 15 of Parcel Map 13724, located on the south side of Foothill Boulevard, between Interstate 15 and Etiwanda Avenue, submitted by the Wattson Arno Company and In-N-Out Burger. (0401-03 LNSCAPE MD) (0401-03 ST LT MD) RESOLUTION NO. 92-284 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 PARCELS NUMBERED 1 THROUGH 8, 10, 11 AND 13 THROUGH 15 OF PARCEL MAP 13724 D6. Approval to execute Real Property Improvement Contract and Lien Agreement from Randolph Scot Davis and Sandra Pauline Davis, for the construction of Almond Street, located west of Amethyst Street. (0602-01 AGREE LIEN) RESOLUTION NO. 92-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM RANDOLPH SCOT DAVIS AND SANDRA PAULINE DAVIS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D7. Approval to execute a Reimbursement Agreement with Foothill Marketplace Partners for the costs associated with a proposed assessment district. (0602-01 AGREE REIM) City Council Minutes November 18, 1992 Page 3 D8. Approval to execute agreements with Brown, Diven& Hentschke, Counsel (CO 92-073); Fieldman, Rolapp & Associates, Financial Advisor (CO 92-074); and NBS/Lowry, Assessment Engineers (CO 92-075) to provide consulting services for a proposed assessment district. Contracts not to exceed $20,000.00, to be paid for by the developer. (0602-01 CONTRACT) D9. Approval to award and authorization to execute the City-Wide Emergency and Routine Equipment Rental, Pavement Repair, Shoulder Grading and Debris Removal Annual Maintenance Contract (CO 92-076) to Laird Construction in the amount of S75,000.00 to be funded by Account Number 01-4647-6028 for Fiscal Year 1992/93. (0511431 AWARD) (0602-01 CONTRACT) D10. Approval to execute Memorandum of Understanding (CO 92-077) between San Bemardino County Flood Control District and City of Rancho Cucamonga for multi-use regional and community trails on District facilities and authorizing the Mayor to sign same. (0602-01 CONTRACT) DI 1. Approval to execute Improvement Agreement Extension for Tract 14 139, located on the southwest comer of Etiwanda Avenue and 251h Street, submitted by Ahmanson Development. (0602-01 AGREE EXTN) RESOLUTION NO. 92-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14 139 D12. Approval to accept Improvements, Release of Bonds and Notice of Completion for Tract 13898, located on the northwest comer of Lemon Avenue and London Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $ 18%000.00 Accept: Maintenance Guarantee Bond (Street) 18,900.00 RESOLUTION NO. 92-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13898 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D13. Approval to Release Maintenance Guarantee Bond for the Civic Center and Public Safety Facility, Contract No. 87-171. (0602-01 BOND REL) Release: Maintenance Guarantee Bond $17,898,322.00 MOTION: Moved by Williarns, seconded by Alexander to approve all staff recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 5-0. (6) (7) (8) (9) (lo) City Council Minutes November 18, 1992 Page 4 E. CONSENT ORDINANCES El. '- CONSIDERATION OF RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 30 MPH ON THE FOLLOWING FOUR STREETS: HILLVIEW LOOP FROM VINTAGE DRIVE TO VINTAGE DRIVE: NETHERLANDS VIEW LOOP FROM VINTAGE DRIVE TO VINTAGE DRIVE: TERRACE VIEW LOOP FROM VINTAGE DRIVE TO VINTAGE DRIVE: SIERRA CREST VIEW LOOP FROM VINTAGE DRIVE TO VINTAGE DRIVE AND A SPEED LIMIT OF 45 MPH ON BANYAN STREET FROM HAVEN AVENUE TO ROCHESTER AVENUE (1141-10 SPEED LIND Debra J. Adams, City Clerk, read the title of Ordinance No. 503. ORDINANCE NO. 503 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Wright, seconded by Alexander to waive full reading and approve Ordinance No. 503. Motion carried unanimously, 5-0. F. ADVERTISED PUBI,IC HEARINGS F1. CONSIDERATION TO AMEND ORDINANCE NO 58. SECTION 5. EXEMPTING REDEVELOPMENT AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROJECTS FROM FULL DEDICATION REOUIREMENTS WHEN THEY ARE ASSISTING LOWER-INCOME HOMEOWNERS IN OBTAINING NECESSARY REHABILITATION IMPROVEMENTS IN ORDER TO CORRECT HEALTH. SAFETY. AND CODE VIOLATIONS ON THEIR PROPERTIES (0203-04 CDBG) Mayor Stout requested to remove this item from the agenda and readvertise it at a later date for a future meeting when it is ready for public hearing as requested by staff. ORDINANCE NO. 420-A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 12.08.040 (A) OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN EXEMPTION FROM FULL DEDICATION REQUIREMENTS WHEN ASSISTING LOWER INCOME HOMEOWNERS PARTICIPATING IN COMMUNITY DEVELOPMENT BLOCK GRANT AND REDEVELOPMENT REHABILITATION PROGRAMS TO MAKE NECESSARY IMPROVEMENTS IN ORDER TO CORRECT HEALTH, SAFETY, AND CODE VIOLATIONS ON THEIR PROPERTIES WHEN THE DEDICATION EXCEEDS FIVE PERCENT OF THE HOMEOWNER'S PROPERTY AND MAKING FINDINGS IN SLIPPORT THEREOF ACTION: Item removed from agenda. City Council Minutes November 18, 1992 Page 5 ITEMS F2 AND F3 WERE CONSIDERED AT THE SAME TIME. F2..- CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT FOR VESTING TENTATIVE TRACT 14475 - SAHAMA INVESTMENTS - Appeal of the Planning Commission's certification of the subsequent Environmental Impact Report for Vesting Tentative Tract 14475, a residential subdivision and Design Review of 66 single family lots on 113 acres of land in the Hillside Residential (less than 2 dwelling units per acre) and Open Space Districts, located north of Almond Avenue between Sapphire and Turquoise Streets - APN: 200-051-07, 56, and 57. Staff report presented by Scott Murphy, Associate Planner. He introduced Sandra Bauer, who prepared the Environmental Impact Report 0EIR), and continued to explain the mechanics of the EIR. (0701-06 APPEAL) Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Leeona Klippstein, President, Friends of the Foothills, stated she disagrees with the developer's comments that were in a letter she received from their legal consultant. She stated they disagree that rare and endangered species have been identified on site and stated they have not been mitigated for. She stated the EIR does not address the issue of endangered species. She stated not all 70 species have been checked on and a report made. She stated the biological survey does not include the endangered species and did not agree with the survey information. She continued to report on the sage scrub that has been lost by various development projects built. Ms. Klippstein felt this project would have adverse affects on the environment. She stated she did not think the City had a Hillside Management Plan or Specific Plan for Hillside areas. She felt this project would be a nuisance to the health, safety and welfare of the citizens of the City of Rancho Cucamonga. She felt this violated the Land Management and Resource Plan, and that this project was not in compliance with the City's General Plan. She stated there were not adequate access roads into the project. She continued to report about the earthquake fault lines in the middle of the project. She reported on the birds in this area that would be endangered. She felt the EIR should be sent to another consultant for review. Mayor Stout asked for testimony from those supporting the appellant. Jack Bath, 13232 12th St., Chino, Professor of Biological Sciences, stated the main thrust of the appeal is that the EIR is inadequate. He reported on the bird species and various other species that he felt were endangered. He asked that this go back and have another survey done. Anthony Merser, of Bolsa in Rancho Cucamonga, stated he owned quite a lot of property in the foothills, and that it is hard for the property owners to be a custodian for the property because of all the people that go up in the foothills. He felt there should be some kind of plan to keep this activity out of the open area. Vera Rocha, 3451 Ramona, Baldwin Park, Chief of the Gabrielino Indian Nation, stated she is concerned with the sage and the habitat for this area and also the preservation of it. She asked that this project not go through. David James, President Forest Preservation of California, stated he joined with the position of the Friends of the Foothills and the Department of Fish and Game. He stated he did not find that the City had a Hillside Management Plan and also reported on other matters within the General Plan that this project did not meet. He also reported on the elements of the EIR that he felt were lacking. He stated he opposed the development of this project, and asked that the City Council deny the project as submitted. Steve Lamb, P.O. Box 333, Altadena, 91003, stated he finds sites for developers to develop. He stated he did not think this land is safe for developing. City Council Minutes November 18, 1992 Page 6 Art Bridge, 8715 Banyan, stated he has lived in this area for 75 years. He stated what he is concerned about is the proper use of this land. He felt there were alternatives available for the plans of Sahama's development as far as density. Marlene Tmnnel, Friends of the Foothills, reported on the overhead utility lines and the danger it can cause. She submitted a newspaper axticle for the City Council to consider. Manuel Rocha, 3451 Ramona, Baldwin Park, also of the Gabrielino Indian Nation, did not agree with how this land was going to be developed. He hoped that the City Council would never allow anyone to destroy this land. Reginald Kiddiensalz V, 7394 Layton, also a business owner, felt there should be land developed with standards to go by. He did not agree with the depletion of the sage scrub. He stated he was concerned with the overdevelopment of the foothills. He felt there should be a Hillside Management Plan. Douglas Stepke, Friends of the Foothills, supported Reginald Kiddiensalv and agreed with those people who were in favor of preserving the land. He stated he was also reporting for Jack Bath that the EIR does not offer an alternative site for this project. He felt if this project is approved, the air quality in the City of Rancho Cucamonga would not improve. Eric Heating, 3637 Canyon Crest, Riverside, asked that the Council not approve this project and consider I.,e lives of the people of Rancho Cucamonga. Mike Wangler, Box Springs Mountains, stated he was concerned as to who would benefit from this. He did not think this project should be approved and that the land should be preserved. He did not think there would be any benefit by going ahead with this project. Corey Briggs, San Diego, stated he felt the EIR is invalid because it does not comply with the General Plan and CEQA regulations. He asked for the Council not to approve this project, and that a clustering design be considered. Dan Konig, 96729 Hermosa, was also concerned about the affects this project would have on the forest He did not agree with the EIR. John Brown, Riverside, felt this land should be preserved for sanity 's sake. Susan, with Friends of the Foothills, read a passage from A1 Gore's book for the Council's information. Gloria Valtierra, 10187 Chaparral #C, stated she is opposed to the development in the canyon. Richard Adoglen, of Whiuier, did not understand why this area has to be developed. He felt animals should also have rights. He did not agree with the EIR. Mayor Stout called a recess at 9:09 p.m. Council present. The meeting was called back to order at 9:27 p.m. with all members of City Council Minutes November 18, 1992 Page 7 Catherine Bridge, 8715 Banyan, stated her property is ,~ext to the Sahama property and did not feel the EIR addressed Sahama's southern portion of the property. She asked that this be further studied. She stated they have a dream that this area be left at a lower density and did not want this to be something that cannot be obtained. Billy Schwarz, 1051 4th St. #20, Ontario, asked that this development be rechecked tonight. She stated she agreed with the previous speakers. She did not want to kill to eat either and asked that the City Council do the hght thing. Kim Rosen, 9386 Banyan, stated there is a group of Alia Loma High School students that have concern about this project. She asked that the City Council consider something else for this area and consider clustering and lower density. Ramona Fernandez, resident of Rancho Cucamonga for 13 years, asked that the City Council do the right thing for the residents of the City. She felt construction is important in the City, but also felt the environment is important. Stephanie Scher, 300 S. Grand Avenue, Los Angeles, Attorney for Sahama Development, felt there was an ignorance of the people that spoke against this project. She commented that the City does have a Hillside Ordinance and that this project complies with that. She stated a large part of this project is going to be dedicated to the City to address the environmental concems. She stated they have been working on this project for approximately two years. She stated she felt this was a clustered development. She felt what Leeona Klippstein stated is not supported by facts. She did not feel this project should be denied. She did not feel the project is that much more dense than what Mr. and Mrs. lilridge want. She stated the alluvial sage is in the wash and this is not going to be developed as some of the students were referring to this being desu'oyed. She continued to make remarks to other speakers comments. Steve Morton, land planner for this project, stated he is here to answer any questions. Mayor Stout allowed rebuttal remarks from the appellant. Leeona Klippstein did not think the City should be mined by this project. She stated there are other areas that have other types of sage scrub that should be preserved also. She stated the EIR is inadequate and that this project should be denied because it is not beneficial to the health, safety and welfare of the residents of Rancho Cucamonga. She stated this project is in National Forest boundaries, which is an endangered area, and also a disaster area. There being no further response, the public hearing was closed. Councilmember Buquet asked for the City Attorney to give parameters for this issue. James Markman, City Attorney, stated he would like the opportunity to comment on this and to also defend the staff because of some of the statements made about the General Plan inadequacies, and so forth, that he did not find in the appeal, which limited itself to the EIR. He stated the only thing involved in this appeal is CEQA, or whether the EIR is adequate, and ultimately that will be the Council's decision. He stated affected by that is the map itself because if the CEQA certification was not fight, then the Planning Commission's approval of the map couldn't have been right. He pointed out that the Council did have to deal with the fact that there is a constitutionally protected right for some economically viable use of this property to be made under the First Evangelical Free Church case, as well as any number of others. He stated this is a very li~w density zoned area, and a low density project. He stated the only a reason a Council could deny any viable economic use of somebody's property would be if there were some public health or safety reason involved in it, which he felt is why some of the accusations were made previously. City Council Minutes November 18, 1992 Page 8 He stated there were a lot of conclusions made and very little facts that were supplied to support the statements. He stated the Council's function was to analyze the ,nformation presented to the Council, and if they did not feel adequate information was presented to them with respect to any of these matters, then they could ask for more. He stated he has looked through the information of record and has not found any substantiating data that indicates there may be an endangered species on this site, but added this was for the Council to decide. He stated there has been no scientific information presented that there may be an endangered species at this site. He stated there has been no evidence or suggestion on how someone could try to find a burrowing owl or any other endangered species, which surprised him. He stated he is very comfortable that this project complies with the General Plan, but stated that is for the Council to decide if they felt they had enough information to make a decision. Mayor Stout stated it had been mentioned that this project started in 1990, and that this was incorrect because the process to get this project approved started many years ago and that this has received a lot of environmental attention. He stated based on the documentation from the Planning Commission meetings and the testimony presented tonight, he has found nothing indicating that the Planning Commission's decision should be overturned. Councilmember Alexander stated it was delightful for him to see the younger generation involved in this issue, and that he was offended by some of the statements made. He did not think this project was a nuisance, nor harmful to the general welfare of the public. He felt the density was low for this area. He stated he supported the Planning Commission 's decision on both of these matters. Councilmember Buquet stated he took offense to some of the statements made by the people. He felt there was another way to go about something rather than straight criticism that was presented tonight. He stated he did not see any substantial information as to why this project should be denied. Councilmember Williams stated she did not think the City Could should say no more development on hillsides because that was not fair to the property owners. She did not think the clustering would work as was suggested. She stated this project is not finished being designed and she would have to go along with the Planning Commission's decision. Councilmember Wright stated she felt somewhere the line needs to be drawn and felt there needed to be an adequate EIR done. She felt the City Council should listen to the Bridges because of what they have envisioned for their property. She felt the City should show the example to the County. RESOLUTION NO. 92-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE MITIGATION MONITORING PROGRAM FOR VESTING TENTATIVE TRACT 14475, A RESIDENTIAL SUBDIVISION OF 66 SINGLE FAMILY LOTS ON 113 ACRES OF LAND IN THE HILLSIDE RESIDENT~ \L (LESS THAN 2 DWELLING UNITS PER ACRE) AND OPEN SPACE DIS'~E,CTS, LOCATED NORTH OF ALMOND AVENUE BETWEEN SAPPHIRE AND TURQUOISE STREETS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 200-051-07, 55, 56, AND 57 MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 93-288. Motion carried 4-1 (Wright no). City Council Minutes November 18, 1992 Page 9 F3. CONSIDERATION OF VESTING TENTATIVE TRACT 14475 - SAHAMA INVESTMENTS - Appeal of the Planning Commission's approval of a residential subdivision and Design Review of 66 single family residences on 113 acres of land in the Hillside Residential (less than 2 dwelling units per acre) and Open Space Dis~cts, located north of Almond Avenue between Sapphire and Turquoise SIreets - APN: 200-051-07, 55, 56, and 57. (0701-06 APPEAL) See Item 172 for public hearing comments. RESOLUTION NO. 92-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW FOR VESTING. TENTATIVE TRACT NO. 14475, A RESIDENTIAL SUBDIVISION OF 66 SINGLE FAMILY LOTS ON 113 ACRES OF LAND IN THE HILLSIDE RESIDENTIAL (LESS THAN 2 DWELLING UNITS PER ACRE) AND OPEN SPACE DISTRICTS, LOCATED NORTH OF ALMOND AVENUE BETWEEN SAPPHIRE AND TURQUOISE STREETS, AND MAKING FINDINGS IN SLIPPORT THEREOF - APN: 200-051-07, 55, 56, AND 57 RESOLUTION NO. 92-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14475, A RESIDENTIAL SUBDIVISION OF 66 SINGLE FAMILY LOTS ON 113 ACRES OF LAND IN THE HILLSIDE RESIDENTIAL (LESS THAN 2 DWELLING UNITS PER ACRE) AND OPEN SPACE DISTRICTS, LOCATED NORTH OF ALMOND AVENUE~ BETWEEN SAPPHIRE AND TURQUOISE STREETS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 200-051-07, 55, 56, AND 57 MOTION: Moved by Alexander, seconded by Buquet to approve Resolution Nos. 92-289 and 92-290. Motion carried 4-1 (Wright no). G. PUBI,IC HEARINGS G1. CONSIDERATION OF TREE REMOVAL PERMIT 92-14 - HOWELL - Appeal of the Planning Commission's decision denying a request to remove two Eucalyptus trees located on the north side of North Victoria Windrows Loop, west of Rock Rose Avenue - APN: 227-411-42. (0203-02 TREES) Mayor Stout stated there has been contact with Mrs. Howell to continue this item to the December 2 meeting. MOTION: Moved by Stout, seconded by Buquet to continue Item G1 to December 2, 1992. Motion carried 4-1 (Wright no). (x6) City Council Minutes November 18, 1992 Page 10 (i7) (xB) G2. CONSIDERATION OF AMENDING SUBSECTION 5.04.330 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CORRECTING A TYPOGRAPHICAL ERROR PERTAINING TO BUSINESS LICENSES: GROSS RECEIPTS TAXES -- RENTAL OF COMMERCIAL PROPF. RTY Staff report presented by Bob Domihguez, Adminiswative Services Director. (0401-00 BUS LIC) Mayor Stout 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. 504. ORDINANCE NO. 504 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO. CUCAMONGA, CALIFORNIA, AMENDING SUBSECTION 5.04.330 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading for December 2, 1992. Motion carried unanimously, 5-0. G3. CONSIDERATION OF PROPOSED AMENDMENT TO RANCHO CUCAMONGA MUNICIPAL CODE SECTION 12.04,010 - AMI~NDMENT TO PARK REGUI .ATIONS TO ALLOW FOR CONDUCT OF ACTIVITIES AT SPORTS COMPLEX Staff report presented by Linda Daniels, Deputy City Manager. She mentioned that after the Police Department has reviewed the Ordinance, along with the City Attorney, in section 12.04.01A(2), where it states "beverages excepting only beer and wine," they wanted to add the words "sold within" so it further has the intent that no person. is to bring alcoholic beverages within the stadium, that it is only to be sold within and consumed within. She stated they would like to amend the wording on page 305 where it states "except for the possession or consumption of beer and wine," to add "sold within" to the sign language. (1401-03 SPORT ACT) Councilmember Williams felt when the word stadium is mentioned it should state "stadium building" throughout the Councilmember Buquet stated he had a problem with the wording in Item 3 on page 305 and the fact that there will be leagues that go beyond 10:00 p.m., and some that may not even start until 10:30 - 11:00 p.m. He felt something should be added to mention participating in a City sponsored function would let the City off the hook if people are at the stadium without approval from the City. James Markman, City Attorney, stated this was written while they were preparing the lease because this is aimed at the baseball team operation, that other concerns were not included in this at that time. Councilmember Buquet felt other activities should be considered in this Ordinance also. James Markman, City Attorney, felt this should be adopted now, and then bring another amendment to fall on the heels of this before the stadium opens. He suggested the Council go ahead with this Ordinance now. Mayor Stout 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. 505. City Council Minutes November 18, 1992 Page I I ORDINANCE NO. 505 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 12.04.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading of Ordinance No. 505 for December 2, 1992. Motion carried unanimously, 5-0. No items were submitted. No items were submitted. H. CITY MANAGER'S STAFF REPORTS COUNCIl. BUSINESS .I. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBI.IC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Wright, seconded by Williams to adjourn to an Executive Session regarding property negotiations with Hank Stickney, and for the Executive Session to adjourn to a swearing-in ceremony to be held November 30, 1992, 7:00 p.m. in the Council Chambers. Motion carried unanimously, 5-0. The meeting adjourned at 10:41 p.m. Approve, d: January 6, 1993 Res. pectfully submj_ttted, Debra J. Adamsf'CMC City Clerk