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HomeMy WebLinkAbout1997/08/06 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. August 6, 1997 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Rex Gutierrez, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda August 6, 1997 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 of the week 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 Williams __ o B. ANNOUNCEMENTS/PRESENTATIONS Presentation to the City Council by Gino and Joseph Paul Filippi. Presentation of Proclamations for Police Department Promotions & Retirements. Presentation of Awards from the American Public Works Association for Irrigation Control Modernization Program and the Archibald Avenue Storm Drain Project. Presentation to the City of a $1,000 Grant Award from Target Stores to assist in the purchase of a Video Printer for the Police Department. C. 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. 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. Approval of Minutes: April 1, 1997 (special meeting) April 2, 1997 (Biane absent) June 4, 1997 June 18, 1997 (Gutierrez absent) June 26, 1997 (adjourned meeting) July 2, 1997 o Approval of Warrants, Register Nos. 7/9/97 and 7/16/98 and Payroll ending 6/26/97 for the total amount of $3,979,933.30. City Council Agenda August 6, 1997 2 = o , , 10. Approval to appropriate $9,600 awarded by the California State Library into Library Accounts. Approval of reallocation of funding for Police Mobile Satellite Office. Approval to reappropriate $50,590.16 unexpended Local Law Enforcement Block Grant funds to Fiscal Year 1997/98. Approval to adopt a resolution endorsing SCAG'S Congressional Leadership Summit. RESOLUTION NO. 97-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING AND ENDORSING THE SECOND ANNUAL CONGRESSIONAL LEADERSHIP SUMMIT, ORGANIZED BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG), TO FOSTER UNITY IN THE SOUTHERN CALIFORNIA DELEGATION ON ISSUES AFFECTING THE REGION Approval of Amendment to Agreement for legal services (CO 86- 055). Approval of Drug Abuse Resistance Education (D.A.R.E.) Memorandum of Understanding (CO 97-034) for Fiscal Year 1997- 1998. Approval to award contract (CO 97-039) to Holiday Printing for the Quarterly Printing of The Grapevine in the amount of $58,629. Approval of a Resolution certi~ing to San Bernardino Associated Governments (SANBAG) the City has adequate resources to maintain improvement projects funded by the Inter-Modal Surface Transportation Efficiency ACT (ISTEA) of 1991 once they are implemented. RESOLUTION NO. 97-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING TO SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) THE CITY HAS ADEQUATE RESOURCES TO MAINTAIN IMPROVEMENT PROJECTS FUNDED BY THE INTER-MODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 ONCE THEY ARE IMPLEMENTED 10 11 12-1 13 14 15 16 18 21 23 City Council Agenda August 6, 1997 3 11. 12. 13. Approval to accept Contract (96-036) for the Hermosa Avenue Pavement Rehabilitation, Fourth Street to Sixth Street, North of Sharon Circle to Eighth Street, South of Devon Street to Foothill Boulevard, funded from Measure "1" Funds, Account 32-4637-9520 and S.B. 140 Fund, Account No. 35-4637-9520, and approve the final contract amount of $188,179.20 and authorize the City Engineer to file a "Notice of Completion." RESOLUTION NO 97-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR HERMOSA AVENUE PAVEMENT REHABILITATION, LOCATED FROM FOURTH STREET TO SIXTH STREET NORTH OF SHARON CIRCLE TO EIGHTH STREET SOUTH OF DEVON STREET TO FOOTHILL BOULEVARD, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval of a Reimbursement Agreement for frontage improvements, median island landscaping within Base Line Road, in conjunction with the development of Tract 15732, located at the northwest corner of Base Line Road and Etiwanda Avenue, submitted by Lewis Homes Management Corporation. RESOLUTION NO. 97-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TRACT 15732 Approval to order the annexation to Landscape Maintenance Distdct 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 94-22, located at the northeast corner of Fourth Street and Archibald Avenue, submitted by Frito Lay. RESOLUTION NO. 97-104 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. 1 AND 6 FOR MDR 94-22 (APN: 210-071-28) 24 25 26 28 29 31 City Council Agenda August 6, 1997 4 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. SIGN ORDINANCE AMENDMENT 97-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Sign Ordinance within the Rancho Cucamonga Municipal Code to add Auto Centers as a class of signs within Section 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs - Industrial Zones. ORDINANCE NO. 582 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97-02, AMENDING TITLE 14 OF THE MUNICIPAL CODE TO ADD REGIONAL AUTOMOBILE SALES AS A CLASS OF SIGNS WITHIN SECTIONS 14.20.100 SIGNS - COMMERCIAL AND OFFICE ZONES AND SECTION 14.20.110 SIGNS - INDUSTRIAL ZONES ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 97-02 - CITY OF RANCHO CUCAMONGA - Consideration of an application to change the use provisions of Subarea 16 of the Industrial Area Specific Plan to allow the development of 15 acres of neighborhood commercial uses, subject to conditional use permit authorization, located at the southwest corner of Sixth Street and Archibald Avenue, and to update Subarea 16 standards to reflect previously adopted use provisions. An Environmental Impact Report that assesses the impacts of this proposal has been certified. APN: 210-062-08 ORDINANCE NO. 583 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-02, TO AMEND THE DEVELOPMENT STANDARDS OF SUBAREA 16, INDUSTRIAL AREA SPECIFIC PLAN TO PROVIDE FOR DEVELOPMENT OF FIFTEEN ACRES OF NEIGHBORHOOD COMMERCIAL USES, SUBJECT TO CONDITIONAL USE PERMIT AUTHORIZATION, LOCATED AT THE SOUTHWEST CORNER OF SIXTH STREET AND ARCHIBALD AVENUE, 34 38 City Council Agenda August 6, 1997 AND TO UPDATE SUBAREA 16 STANDARDS TO REFLECT PREVIOUSLY ADOPTED USE PROVISIONS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-062-08 CONSIDERATION OF AN ORDINANCE AMENDING SUBSECTION 5.08.1001 & SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BINGO ORDINANCE NO. 90-A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING SUBSECTION 5.08.100 I AND SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BINGO 42 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. No items submitted. G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No items submitted. 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. DISCUSSION OF YARD SALE REGULATIONS AND PLACEMENT OF SIGNS ADVERTISING FOR YARD SALES 43 April 1, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Tuesday, April 1, 1997, in the Tri Communities Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:35 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane (arrived at 5:40 p.m.), James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Redevelopment Agency Manager; Lan'y Temple, Administrative Services Director; Susan Stark, Finance Officer; Rick Gomez, Community Development Director; Brad Bullet, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; SuTaune Ota, Corarllunity Services Manager; Diane O'Neal, Mangement Analyst II; Chief L. Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ITEM OF DISCUSSION B1. DISCUSSION OF PRIORITIES FOR FUTURE CAPITAL PROJECTS Jack Lain, City Manager, stated the reason for this meeting was to discuss the City Council goals and priorities for future capital improvement projects. Councilmember Biane arrived at 5:40 p.m. Mayor Alexander asked Councilmember Biane to explain what hii questions were on this matter since he had requested this meeting be held. Councilmember Biane asked for Jack Lam, City Manager, to make a presentation on this matter. Jack Lain, City Manager, stated the Council had wanted information on the priorities for future capital improvement projects and that this workshop was to look at the projects the Council felt were most important. He asked for the Council to give their ideas and to rank them in order of priority so they will have a prioritized list of capital projects. He stated the staff will take the priorities and give the Council information on what the future funding is for these projects. He stated this information would then come back at a second workshop so that any other adjustments can be made. He added the staff would use this list for future budgeting. He pointed out that there will not be enough funding for all of the projects. Councilmember Gutierrez stated one of his priorities which was not on the list is an ice skating facility which he would consider to be on his "A" list. He hoped that funding could be found for this project. He felt families in the community have been asking for this. He felt it would be good to have this on the east side of the City and not go in a commercial area. He stated the second priority is Central Park which is on his "B" list because of the cost involved. He added his third priority would be the Mark Christopher Auto Center (Leggio Project), and that number four would be the City Council Minutes April 1, 1997 Page 2 Maintenance Facility for the Fire Department. He stated number five would be the winery, number six would be to subsidize mobile home parks and that number seven would be to reconsider land bank facilities. Councilmember Biane wanted to make sure the Foothill Specific Plan included the west side of the City. Councilmember Gutierrez stated he realized the City does not have the money to build the ice rink at this time, but felt there is a need for this in the community. Jack Lam, City Manager, stated the Leggio project is a property negotiations item and is not a capital item. Mayor Alexander stated he agreed with the importance of the fire maintenance facility. He stated Central Park is very important to him. Councilmember Curatalo stated he agreed about the fire maintenance facility and felt this should be done if the funds are available. He added his number two priority is Central Park. Mayor Alexaffder stated he felt the ice rink could be a money maker. Jack Lain, City Manager stated if the ice rink were to be considered public use, this could be added to the list. Councilmember Gutierrez stated he did not want to see the Mills Mall get something like this instead of Rancho Cucamonga. Councilmember Willjams stated she felt the Park and Recreation Facilities Subcommittee was going to do a marketing study for the ice rink. She felt this study could be used to go further with this project. She stated she did not feel it was the City's responsibility to build it and then hop~ that someone will come in and occupy it. Councilmember Gutierrez stated he did not want to do that either. Councilmember Biane stated until there is a proposal submitted, the City won't know if it can go or not. Brad Buller, City Planner, stated anyone who has ever talked to the City says this is an excellent location to be at, but nothing has ever happened. Linda Daniels, Redevelopmerit Agency Manager, stated the Agency has had some discussions with a rink developer with more information available within the next day or so. Councilmember Williams felt the Sr. Center building improvements was going to happen. Jack Lam, City Manager, stated the funds are available through CDBG. Councilmember Williams felt the City Manager should prioritize the list. She added the land bank issue is a policy issue for the Council to deal with. She inquired if fire station #3 in Etiwanda is a safety issue and wondered at what point would it be absolutely necessary. She stated she would look forward to see Chief Michaei's analysis of this. Councilmember Gutierrez stated he had pushed very hard for this meeting and did not want this to be for nothing. Councilmember Williams asked about the Tapia Park at Base Line and Alta Cuesta. She felt this should go on the list. City Council Minutes April 1, 1997 Page 3 Councilmember Gutierrez stated he still felt there should be an "A" and a "B" list. Councilmember Williams felt the land bank issue should be discussed separately with more information on it. Mayor Alexander felt the land bank and Leggio matter should be discussed separately. He felt staff should give a report on this matter as Councilmember Williams suggested. Jack Lam, City Manager, stated the staff can prepare a separate report and bring this back at a separate meeting with all the information the Council needs to answer their questions. Councilmember Curatalo stated he would like to get more information on items listed before he ranks them. Mayor Alexander suggested Councilmember Curatalo meet with staff and get the information he needs and then he can rank them and turn in his list. Jack Lam, City Manager, asked the Council to turn in their top five priorities for staff to develop further information for this process. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. ADJOURNMENT The meeting recessed at 6:55 p.m. for executive session to discuss property negotiations per Government Code Section 54956.8 for property located on the south side of Base Line, west of Archibald Avenue, Linda Daniels, RDA Manager, negotiating party, to discuss terms and price of payment; and also personnel matters per Government Code Section 54957 regarding performance evaluation of City Manager. The executive session would adjourn to Wednesday, April 2, 1997, 5:30 p.m. for a workshop to discuss de-regulation and resWucturing of the Edison Company, in the Tri Communities Room located at 10500 Civic Center Drive, Rancho Cucamonga, California. Respecfuily submitted, Approved: * Debra J. Adams, CMC City Clerk April 2, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjoumed Workshop A. CALl. TO ORDER An adjourned workshop of the Rancho Cucamonga City Council was held on Wednesday, April 2, 1997, in the Tri Communities Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:40 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatalo, Rex Gutierrez (arrived at 5:45 p.m.), Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lain, City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Michelle Dawson, Management Analyst II; Bill Makshanoff, Building Official; Sandy Ramirez, Resource Services Supervisor; Joan Kruse, Purchasing Agent; Diane O'Neal, Management Analyst II; Captain Rod Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember Paul Biane B. ITEM OF DISCUSSION 1. DISCUSSION OF AND PRESENTATION BY CHERYL KARNS. EDISON COMPANY. ON THE DE- REGULATION AND RESTRUCTURING OF THE EDISON COMPANY Cheryl Karns, Edison Company, felt the de-regulation was a good thing for Edison and for the City of Rancho Cucamonga. Councilmember Gutierrez arrived at 5:45 p.m. Russ Bowe, Edison Company, gave a presentation on what de-regulation was and the history of it. He stated the restrucmring will lower electricity prices. He talked about the three phases of electric power. He pointed out the consumer will now be able to choose their electricity source. He mentioned that AB 1890 implemented the de- regulation and restmcmring. Councilmember Gutierrez inquired who authored AB 1890. Cheryl Karns, Edison Company, stated Jim Brulte authored it, but that there was no opposition from the assembly or the senate on this. Councilmember Curatalo inquired who started the de-regulation idea. Cheryl Karns, Edison Company, stated the PUC. Charlie Wilson, Edison Company, talked about aggregation stated it is groups of customers to get the lowest cost for buying electricity. City Council Minutes April 2, 1997 Page 2 Councilmember Curatalo asked why certain times cost more for electricity than others. Charlie Wilson, Edison Company, stated it is based on the need for electricity. He stated it is important to know your load profile that you can get the best rote. He did not think it was a good idea to lock yourself into a five year contract because the rates may go down before the contract ends. He stated California is being watched by everyone in the country on how they handle the de-regulation and restmcturing. He stated Edison had a big role in the writing of AB 1890. He pointed out Edison Company is now called "Edison International". At the conclusion of the Council asking various questions of Edison Company staff, Mayor Alexander pointed out it was good to have their questions answered. He thanked them for their time and for being present tonight. C. COMMUNICATIONS FROM THE PUBIC~ No communication was made from the public. D. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Alexander to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 6:30 p.m. Respectfully submitted, Approved: * Debm J. Adams, CMC City Clerk June 4, 1997 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, June 4, 1997, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:03 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 Fulwood, Deputy City Manager; Mitch Slagerman, Sr. RDA Analyst; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Suzanne Ota, Community Services Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation supporting the Police Summer Games. Mayor Alexander presented the proclamation to Captain R~dney Hoops of the Rancho Cucamonga Police Department. C, COMMUNICATIONS FROM THE PUBLIC C1. Toni Rhodes stated there is a business in town that discriminates against people with disabilities which is Home Town Buffet. She stated she has also discovered it had no business license. She mentioned a letter had been sent to them on May 27 about not having a license. She felt the Council should look into the possibility that there are other businesses in town that do not have business licenses. Mayor Alexander stated they would get this on the next agenda for an update. City Council Minutes June 4,1997 Page 2 D. CONSENT CALENDAR D1. Approval of Minutes: April 2, 1997 (Biane absent) April 17, 1997 May 7, 1997 (Williams absent) D2. Approval of Warrants, Register Nos. 5/14/97 and 5/21/97 and Payroll ending 5/01/97, for the total amount of $1,453,805.23. D3. Approval of Reimbursement Agreement for installation of a portion of the Area IV Master Planned Storm Drain facility within Archibald Avenue from Deer Creek Channel to Feron Boulevard, in connection with Development Review 94-04. RESOLUTION NO. 97-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR INSTALLATION OF A PORTION OF AREA IV MASTER PLANNED STORM DRAIN FROM DEER CREEK CHANNEL TO FERON BOULEVARD IN CONNECTION WITH DEVELOPMENT REVIEW 94-04 D4. Approval to accept Contract No. CO 97-007, Almond Street, street and storm drain improvements, located at the southwest corner of Almond Street and Henry Street, funded from Measure "1" funds, Account. No. 32-4637-9530, approve the final contract amount of $20,751.85 and authorize the City Engineer to file "A Notice of Completion." RESOLUTION NO. 97-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONTRACT NO. CO97-007, ALMOND STREET, STREET AND STORM DRAIN IMPROVEMENTS, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D5. Approval of five-year lease agreement (CO 97-025) with the Assistance LeagGe of Upland for use of parking lot across from the Rancho Cucamonga Senior Center. MOTION: Moved by Biane, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of Biane abstaining from voting on the April 2 minutes and WIlllares abstaining from voting on the May 7 minutes. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE REGARDING CITY OF RANCHO CUCAMONGA CITY HALL PARKING Debra J. Adams, City Clerk, read the titles of Ordinance No. 578. City Council Minutes June 4,1997 Page 3 ORDINANCE NO. 578 (second reading) AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A COMPREHENSIVE PARKING PLAN APPLICABLE TO CITY HALL PARKING LOTS E2. AMENDMENT TO DEVELOPMENT AGREEMENT 89-03 - SHEFFIELD HOMES - Consideration of a request to reduce the minimum and minimum-average front yard building setback requirements in City adopted Development Agreement 89-03, for a previously approved County subdivision annexed into the City (Tract 13835), which consists of 78 lots on approximately 20 acres of land in the Low Residential District (2-4 dwelling units per acre), located at the northeast corner of Highland and Rochester Avenues - APN: 225-501 - 01 through 78. Debra J. Adams, City Clerk, read the titles of Ordinance No. 579. ORDINANCE NO. 579 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN ORDINANCE TO AMEND DEVELOPMENT AGREEMENT NO. 89-03, FOR A REQUEST TO REDUCE THE MINIMUM AND MINIMUM-AVERAGE FRONT YARD BUILDING SETBACK REQUIREMENTS IN CITY ADOPTED DEVELOPMENT AGREEMENT 89-03, FOR A PREVIOUSLY APPROVED COUNTY SUBDIVISION ANNEXED INTO THE CITY (TRACT 13835), WHICH CONSISTS OF 78 LOTS ON APPROXIMATELY 20 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-501-01 THROUGH 78 MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance Nos. 578 and 579. Motion carried unanimously 5-0. ADVERTISED PUBLIC HEARINGS No items were submitted. G. PUBLIC HEARINGS No items were submitted. H. CITy MANAGER'S STAFF REPORTS H1. CONSIDERATION OF COMMUNITY FNTERTAINMENT EVENTS AT THE EPICENTER Staff report presented by Suzanne Ota, Community Services Manager. City Council Minutes June 4, 1997 Page 4 Councilmember Williams stated if 90 days is given to work on this and report back to the Council, that would mean there couldn't be anything scheduled for the summer. She asked that staff keep the door open in case something does come along in the meantime. Suzanne Ota, Community Services Manager, stated they would look at something for the summer if at all possible. Councilmember Gutierrez asked if the City would make any money off of the skateboard event scheduled for this Saturday. Suzanne Ota, Community Services Manager, stated they are raising money for the proposed skate park. She stated the event is from 1:00 to 4:00 p.m. at the Epicenter this Saturday. Councilmember Willlares asked that someone make a video of this event. ACTION: Council concurred with staffs recommendation. H2. DISCUSSION OF RANCHO CUCAMONGA POLICE DFPARTMENT TOWING PROCEDURE Staff report I~resented by Jack Lam, City Manager, and Rodney Hoops, Police Captain. Councilmember Gutierrez asked if we were using all five companies on this list. Captain Hoops, Police Department, stated any company can come to Rancho Cucamonga and make an application to be placed on the towing list. He stated there is a requirement in the tow service agreement with 13 qualifications they must meet to be able to tow vehicles in the City. He stated they are then put on a waiting list. He stated once there is a vacancy from one of the top five, then the next person on the waiting list would move to the group of five. He stated it is open to any legitimate tow company as long as they meet the requirements. He stated that dispatch has these five on their computers and that automatically rotate which of these are next in line to be called for tow service. Councilmember Biane asked what other cities for tow services do that have their own police departments. Captain Hoops, Police Department, stated he thought the City of Ontado had a special requirement which his County Counsel told him he would have to check out. He stated some cities can create their own tow company where it is owned by the municipality which he did not recommend. James Markman, City Attorney, stated if people meet all the criteda they have to be put in the rotation. He stated the City does not have the right to reject someone because there is a lot of people on the list already. Councilmember Biane inquired if there are tow companies that might pick up a request for a tow service on the radio and try to beat the one that is next on the rotation list. Captain Hoops, Police Department, stated not in Rancho Cucamonga because the deputies know who is on the list. ACTION: Report received and filed. I. COUNCIL BUSINESS I1. CONSIDERATION TO APPROVE 5-YEAR MOBILE SYCAMORE MOBILE HOME PARK Staff report by Diane O'Neal, Management Analyst II. City Council Minutes June 4, 1997 Page 5 HOME ACCORD EXTENSION FOR MOTION: Moved by Biane, seconded by Curatalo to approve the 5-year mobile home accord extension for Sycamore Mobile Home Park. Motion carried unanimously 5-0. 12. STATUS OF ISLE HOUSE, 6490 ETIWANDA AVENUE Staff report by Larry Henderson, Principal Planner. Councilmember Curatalo asked if Caltrans could go ahead and demolish the house without anyone's permission. Larry Henderson, Principal Planner, stated no because of the agreement. Councilmember Curatalo wanted to make sure the Council would be notified before anything is done. Larry Henderson, Principal Planner, stated that is correct. Mayor Alexander opened the meeting for public comments. Addressing the City Council were: John Hodgkiss, Caltrans, stated an offer was made to the owner of the Isle House, but they have not accepted yet. He stated they cannot do anything until they own the property. He stated everyone in the MOA would have to be notified before anything can be done. He added there was a tenant in the house that would need to relocate also. He continued to talk about the 3 options in the MOA and explained them to the Council. Councilmember Curatalo asked Caltrans if they have the money or location to move the house to. John Hodgkiss, Caltrans, stated they have no money, but have a location inmind. Councilmember Curatalo asked Mr. Hodgkiss to keep Brad Buller, City Planner, informed. Councilmember Biane asked that Mr. Hodgkiss work with the Etiwanda Historical Society on this matter also. Councilmember Williams stated she thought their was a budget for historical mitigation. Mr. Hodgkiss stated if there is a budget for this he will be happy to use it. Councilmember Williams asked if they are able to sell any excess parcels at some sort of a market rate, could that money be used for historic mitigation. Mr. Hodgkiss stated their excess land sales policy requires them to first clear it through Caltrans to make sure there is no other use of the land, then they have to check to see if any other state agency needs it, then they go to any local agency, i.e., the City or County, school districts, and after that if it has public access it goes to public auction. He added yes the City would have a chance at the property and he would be glad to sell it to the City. City Council Minutes June 4,1997 Page 6 Councilmember Williams stated the City has been very successful, as the freeway is being crafted, with the cooperation that has developed with all of the agencies involved. Mayor Alexa.nder stated the City is very interested in saving this house. Jim Frost, Etiwanda Historical Society, presented some information on historic preservation and information on "Community Values of Historic Preservation" to the Council for their information. Marsha Banks, former member of the Histodc Preservation Commission, talked about the magnitude of the Chaffey name. She continued to present information about George Chaffey and his accomplishments. Jim Banks stated there is only one chance to do something about the Isle House and felt the Council should alter priorities so that something can be done. He asked how much money was spent saving the Maloof House and felt Caltrans should put money into the Chaffey property because he was such an important person. He asked that the Council persuade Caltrans to help save the Isle House. Donna Kendrena, Etiwanda Historical Society, presented a letter to the Council which was from family members of the three descendants of the Chaffey House. Mr. Ledig stated he would like to see the Chaffey House restored and asked the Council for its help. Councilmember Gutierrez asked where the money came from to preserve the Maloof House. Mayor Alexander stated SAN BAG and Caltrans and Measure I money. He also added he felt it should go back on the agenda to re-establish the Historic Preservation Commission so that these historical types of things do not slip through the cracks. Councilmember Williams stated she agreed, but felt there were other ways to do this instead of forming the bureaucracy of a commission and would like to have other options presented to choose from. She stated the Local Government Commission has some good ideas. Councilmember Gutierrez stated he agreed. He asked if their hands are tied until the offer was decided upon. Brad Buller, City Planner, stated they could look for some place to relocate the house and that they should work with staff and the Etiwanda Historical Society. MOTION: Moved by Gutierrez, seconded by Biane to accept staffs recommendation to work with Caltrans to help save the house. Motion carried unanimously 5-0. 13. RECOMMENDATION ON THE GOVERNMENT ACCESS CHANNEL (RCTV-3) TELEVISION SUBCOMM~TTEF CABLE Staff report presented by Jenny Haruyama, Management Analyst I. Mayor Alexander stated he disagreed with the City Attorney's opinion on this. James Markman, City Attorney, stated this is to keep those messages that the City does not feel are appropriate or government related off of the TV. MOTION: Moved by Biane, seconded by Curatalo to approve the Cable Subcommittee's recommendation as presented in the staff report. Motion carried 4-1 (Alexander voted no). City Council Minutes June 4, 1997 Page 7 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Alexander stated he would like information to come back on the feasibility of re-creating the Historic Preservation Commission or another entity to discuss historical issues for the June 18 meeting. J2. Councilmember W~lliams stated she would like to further the discussions from the LAFCO workshop on development within the sphere of influence area for the June 18 meeting. She would like to have an update on how the City can gain control of what is going on in the sphere because of the County being able to use City services. J3. Councilmember Gutierrez stated he would like to meet with the Public Safety Subcommittee on a new law that gives a landlord easier eviction authority for drug related tenants. He added they would bring a report back to the entire Council. James Markman, City Attomey, stated he would get with the City Attomey's office for the City of Los Angeles to get more information on this. J4. Councilmember Williams stated some time ago the Park and Recreation Facilities Subcommittee was disbanded, but these types of issues were to come back to the whole Council to be informed of what was going on. Sh~ stated this has not happened. She felt this should come back to the Council once per month with updates and would like to discuss at the June 18 meeting how this can be done. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Williams to adjourn. Motion carded unanimously 4-0. The meeting adjourned at 8:40 p.m. _ Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * June 18, 1997 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, June 18, 1997, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:15 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Rick Gomez, Community Development Director; Brad Buller, City Planner; Brent Le Count, Associate Planner; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Deborah Clark, Library Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember Rex Gutierrez B. ANNOUNCEMENTSIPRESFNTATIONS B1. Presentation of a High School Recognition Certificate for outstanding citizenship and community services. Mayor Alexander asked for Ursela Weatherton to present the outstanding citizenship and community service award to Jason Petty of Rancho Cucamonga High School and for Joe Kolmel to present the same award to Kelly Kadlec of Etiwanda High School. Both Jason Petty and Kelly Kadlec thanked everyone for this recognition. B2. Presentation of award from CRRA (Califomia Resource Recovery Association) for SHARPS Medical Waste Disposal Program. Bob Zetterberg presented the award to the Council. Also present were Joe Avakian, Sam Spagnolo and Ronda Chafin who were also involved with this program. B3. Presentation of Waste Preservation Tab award by Norcal San Bernardino, Inc. City Council Minutes June 18, 1997 Page 2 Mayor Alexander presented the Proclamation to Jerry Cole and Brian Keys. B4. Presentation of Proclamation to the Friends of the Library in appreciation of their efforts on behalf of the Library and their financial contributions totaling more than $100,000. Mayor Alexander presented the Proclamation to Paul Williams and Mr. and Mrs. Bradshaw. He also recognized Councilmember Williams for all of her work involving the library. Councilmember Williams added they are always in need of more volunteers to help out at the library. C. COMMUNICATIONS FROM THE PUBLIC C1. Gayle Hinazumi, CCAR, stated she could not stay for the update item of Route 30, but needed clarification on Beryl Park and the landscaping. She stated they have asked for parking to be looked at. She stated it was her understanding that the Park and Recreation Commission have come to some sort of a Resolution on this which would mean that some of the games to be played at this park would move to other parks so that the parking problem is taken care of. She stated she would like some data on this because she did not feel this would necessarily take care of the problem. She stated she is concemed that the children would be safe at this park with an on and off-ramp for the freeway at this same location. She stated she is also concerned about the landscaping along the freeway. She would like to see what minimal landscaping would look like and how it would be maintained, etc. Mayor Alexander stated these points could be discussed at the next Task Force meeting. C2. Marcus Solomon wanted to thank those that have helped him with the skate park project. He thanked Councilmember Willjams for her help in getting his group to Russia. He also informed the Council that he would be living for awhile in Thailand. D. CONSENT CALENDAR D1. Approval of Minutes: May 21, 1997 (Biane absent) June 4, 1997 (Workshop - Gutierrez absent) D2. Approval of Warrants, Register Nos. 5/28/97 and 6/04/97 and Payroll ending 5/15/97 for the total amount of $2,474,159.62. D3. Approval to receive and file current Investment Schedule as of May 31, 1997. D4. Alcoholic Beverage Application for Off-Sale of Beer and Wine for Amhibald Market, Angelo Dagostaro, 9032 Archibald Avenue. D5. Alcoholic Beverage Application for Off-Sale General for Hughes Market, 7243 Haven Avenue. D6. Alcoholic Beverage Application for Off-Sale General for Castle Liquor and Mini Market, Alberre Abdo and Samaan Nidal, 8655 19th Street. D7. Alcoholic Beverage Application for Off-Sale General for Vons Companies, Inc., 8778 19th Street. City Council Minutes June 18, 1997 Page 3 D8. Alcoholic Beverage Application for On-Sale General for China Alley Restaurant, 8270 Foothill Boulevard. D9. Alcoholic Beverage Application for Off-Sale General for Liquodand 2, Abraham Media, 9255 Base Line Road, Unit E. D 10. Alcoholic Beverage Application for On-Sale Beer and Wine for Sizzler Restaurant, Armando M. Rojo, 9588 Base Line, D11. Approval to declare surplus miscellaneous city-owned equipment. D12. Approval of light vadance requests for an Alta Loma Little League tournament to be held at Heritage Community Park June 30 - July 10, 1997, and Citrus Little League tournament to be held at Red Hill Community Park July 18 - July 26, 1997. D13. Approval of extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012AA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE VVITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE VVITHIN THE CITY OF RANCHO CUCAMONGA D14. Approval to purchase backup software for PC's on RISC/6000 network in the amount of $45,000, to be funded from 01-4161-3900, Novell file server upgrades in the amount of $35,000 to be funded from 01- 4161-3900 and 01-4161-7047. Replacement of Library PC's in the amount of $37,500 to be funded from Data Processing Equipment Replacement Fund (DPERF) for Fiscal Year 1996/97. D15. Approval of Annual Loan Transaction between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. D16. Approval of Amendment No. 1 to the Retail Space Lease Agreement between the City, the Redevelopment Agency and Foothill Vineyards Center. D17. Approval of Amendment No. 2 to Community Center Development Fee Agreement between the City of Rancho Cucamonga, the Rancho Cucamonga Redevelopment Agency and Foothill Vineyards Center. D18. Approval of temporary Fiscal Year 1997-98 Appropriations and Article XIII B Appropriations Limit. RESOLUTION NO. 97-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING TEMPORARY FISCAL YEAR 1997- 98 APPROPRIATIONS NECESSARY TO THE DUE PROCESS OF CONDUCTING BUSINESS AND MEETING PAYROLL City Council Minutes June 18, 1997 Page 4 RESOLUTION NO. 97-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 1997-98 D19. Approval of Map, Improvement Agreement, Improvement Security and ordering the annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract No. 14803, located on the northeasterly side of Elm Avenue, east of Spruce Avenue, submitted by Lewis Development Co., acceptance of offer of dedication a 26-foot wide storm drain easement for drainage and related purposes between Elm Avenue and De Anza Drive. RESOLUTION NO. 97-073 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14803, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 97-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A 26-FOOT VVIDE DEDICATION ON PARCEL 1 OF PARCEL MAP 14786 BETVVEEN ELM AVENUE AND DE ANZA DRIVE AS OFFERED FOR STORM DRAIN AND RELATED PURPOSES RESOLUTION NO. 97-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 4 FOR TRACT NUMBER 14803 D20. Approval of Improvement Agreement and Improvement Securities for traffic signals located at the intersections of Church Street with Spruce & East Elm Avenues, submitted by Lewis Development Co. RESOLUTION NO. 97-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRAFFIC SIGNALS AT CHURCH STREET AND SPRUCE AVENUE AND AT CHURCH STREET AND EAST ELM AVENUE D21. Approval of Improvement Agreement and Security for the Alley Improvement Associated with Conditional Use Permit No. 95-32, located on the south side of Foothill Boulevard, approximately 320 feet east of Archibald Avenue at 9777 Foothill Boulevard, submitted by Foothill Auto Body. City Council Minutes June 18,1997 Page 5 RESOLUTION NO. 97-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR THE ALLEY IMPROVEMENT ASSOCIATED VVITH CONDITIONAL USE PERMIT NO. 95-32 MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of Biane abstaining from voting on the minutes of May 21. Motion carded 4-0-1 (Gutierrez absent). No items were submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS F1. GENERAL PLAN AMENDMENT ~)7-01B - CITY OF RANCHO CUCAMONGA - A request to amend the General Plan to modify the Hiking and Riding Trails Master Plan, Figure 11-7A, by eliminating the segment of community trail from Youngs Canyon Road across the San Sevaine Basin and modifying all applicable exhibits therein. A Notice of Categorical Exemption has been prepared. APNS 226-112-02 and 03. ETIWANDA SPECIFIC PLAN AMENDMENT 97-01 - CITY OF RANCHO CUCAMONGA - A request to amend the Etiwanda Specific Plan to modify the proposed Wardman Bullock Road/Youngs Canyon Road, between Wilson Avenue and Cherry Avenue, by eliminating the 'landscaped median and across the San Sevaine Basin by reducing the pavement width and eliminating the equestrian trail and modifying all applicable exhibits therein. A Notice of Categorical Exemption has been prepared. APNS 226-102-17, 226-111-05 and 06, 226-112-02 and 03, 226-311-27, 226-321-01. Staff report presented by Dan James, Sr. Civil Engineer. 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. 580. ORDINANCE NO. 580 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 97-01, TO MODIFY THE PROPOSED WARDMAN BULLOCK ROAD/YOUNGS CANYON ROAD, BY ELIMINATING THE LANDSCAPED MEDIAN AND REDUCING THE PAVEMENT WIDTH AND ELIMINATING THE EQUESTRIAN TRIAL ACROSS THE SAN SEVAINE BASIN AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes June 18, 1997 Page 6 RESOLUTION NO. 97-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 97- 01B, TO MODIFY THE HIKING AND RIDING TRAILS MASTER PLAN, BY ELIMINATING A SEGMENT OF COMMUNITY TRAIL AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 580 for the July 2 meeting and to also approve Resolution No. 97-078. Motion carried unanimously 4-0-1 (Gutierrez absent). F2. CONSIDERATION TO ORDER THE VACATION OF A PORTION OF CHARLES SMITH AVENUE FOR PARCEL MAP NO. 15012. LOCATED ON THE NORTH SIDE OF FOURTH STREET BETVVEEN BUFFALO AVENUE AND THE 1-15 FREEVVAY. APPROVAL OF MAP. IMPROVEMENT AGREEMENT. IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B'AND STREET LIGHTING MAINTENANCF 1 AND 6. SUBMITTED BY OLTMANS INVESTMENT COMPANY Staff report I~resented by Dan James, Sr. Civic Engineer. Joe O'Neil, City Engineer, stated he has just met with Mr. Post and that he has withdrawn his objection to this project. James Markman, City Attorney, stated Mr. Post's attomey had submitted a letter of opposition, but is assuming he has also withdrawn his objection. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 97-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15012, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY' RESOLUTION NO. 97-080 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. 1 AND 6 FOR PARCEL MAP NO. 15012 RESOLUTION NO. 97-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF CHARLES SMITH AVENUE FROM FOURTH STREET TO +700 FEET SOUTH OF SAN MARlNO STREET City Council Minutes June 18, 1997 Page 7 MOTION: Moved by Biane, seconded by Williams to approve Resolution Nos. 97-079, 97-080 and 97-081. Motion carried unanimously 4-0-1 (Gutierrez absent). F3. CONSIDERATION OF FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 97-01 - CHAVIN DEVELOPMENT - A request to add Mixed Use Public Storage as a conditionally permitted use within the Community Commercial land use designation of Subarea 1 of the Foothill Boulevard Specific Plan. Staff report presented by Brent LeCount, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 97-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 97-01, AMENDING THE FOOTHILL BOULEVARD SPECIFIC PLAN BY ADDING MIXED USE PUBLIC STORAGE AS A CONDITIONALLY PERMITTED USE IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 1) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN MOTION: Moved by Curatalo, seconded by Biane to approve Resolution No. 97-082. Motion carried unanimously 4-0-1 (Gutierrez absent). No items were submitted. G. PUBLIC HEARINGS H. CITY MANAGER'$ STAFF REPORTS H1. UPDATE FROM ROUTF 30 AD HOC TASK FORCE Staff repod presented by Joe O'Neil, City Engineer. Councilmember Biane stated he still is interested in the landscaping issue for the freeway. Joe O'Neil, City Engineer, stated most of the freeway is "bare bones" but that the I 15, Route 30 freeway interchange is more extensive. He stated the issue is still being looked at, but that right now it is slated for erosion control only. Councilmember Willlares stated she is concerned about the slopes where on and off ramps are landscaped. She hoped there would be some money available to help out with this. Councilmember Curatalo felt this should be looked at by the Task Force. Mayor Alexander stated this is a challenge to find the money for this. Ci~ Council Minutes June 18,1997 Page 8 Mayor Alexander opened the meeting for public comments. There being no response, public comments were closed. ACTION: Re. port received and filed. H2. APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN THE ALTA LOMA CHANNEL DISTRICT NO. 84-2. THE RANCHO CUCAMONGA DRAINAGE DISTRICT NO. 86-2 AND MILLIKEN SOUTH OF ARROW DISTRICT NO. 89-1 WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 97-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REAUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS H3. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) RESOLUTION NO. 97-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) H4. APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1R (DAY CREEK DRAINAGE SYSTEM) WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 97-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1R (DAY CREEK DRAINAGE SYSTEM) H5. APPROVAL TO ~;ET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN~ RESOLUTION NO. 97-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 1997/1998 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS H6. APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LFVELS WITH NO INCREASE City Council Minutes June 18,1997 Page 9 RESOLUTION NO. 97-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) Staff report presented by Jack Lam, City Manager, for items H2 through H6. Mayor Alexander opened the meeting comments. There being no response, public comments were closed. MOTION: Moved by Curatalo, seconded by Biane to approve Resolution Nos. 97-083, 97-084, 97-085, 97- 086, and 97-087. Motion carried unanimously 4-0-1 (Gutierrez absent). I. COUNCIL BUSINESS I1. UPDATE ON ISLE HOUSE Staff report by Brad Buller, City Planner. Mayor Alexander stated he did not think the Isle House should be tom down and should not be allowed to be destroyed because of the history involved with it. Councilmember Curatalo asked if Caltrans knew of the extent of the significance of this house historically. Brad Buller, City Planner, stated yes. Councilmember Biane asked if negotiations with the owner are still taking place. Brad Buller, City Planner, stated yes. Councilmember Biane stated he felt the City Planner's recommendation is a very good one. Councilmember Williams asked if they would give information about a new site where the house might be relocated to. Brad Buller, City Planner, stated they would be doing this. ACTION: Report received and filed. 12. DISCUSSION OF HISTQRI(;:;~,L PRESERVATION COMM(SSION Staff report by Brad Buller, City Planner. Mayor Alexander opened the meeting for public comments, Addressing the City Council was: Jim Frost presented some background information why the first Historic Preservation Commission was formed. He read a historical certificate signed by George Chaffey from December 1881. He felt there was not a body to help preserve documents such as this. City Council Minutes June 18, 1997 Page 10 There being no further comment, public comments were closed. Councilmember Williams stated she would like to see something like an advisory committee give advice that would not include bureaucracy. She suggested the Etiwanda Historical Society might be good at taking charge of this and the Isle House issues. Brad Buller, City Planner, stated they could seek people who are advocates of preserving history. Mayor Alexander stated he agreed with Councilmember Williams' suggestion. Councilmember Williams felt this needed to be explored. Councilmember Biane stated he agreed. ACTION: Staff to bring back more information at an upcoming meeting to discuss options. 13. DISCUSSION ON DEVELOPMENT WITHIN SPHERE OF INFLUENCE AREA Staff report b.y Brad Buller, City Planner. Councilmember Williams felt when a big project is proposed to be built in the County area of the City's sphere, that the people would start coming to the Council meetings and ask to be annexed into the City. She wondered how the City gets the County to listen to them about a proposed project. Councilmember Biane brought up the meeting recently held with LAFCO and would like the questions raised at that meeting. Mayor Alexander felt the negotiations should also be brought up for the cost of City services. Councilmember Curatalo asked if the City can meet with the Board of Supervisors to talk about this problem. Brad Buller, City Planner, felt it would be a good idea to meet with the County Board of Supervisors Distdct Representative for Rancho Cucamonga about the City's concems. He felt they could start with the Mayor and Mayor Pro Tern meeting Rancho Cucamonga's Rep and then report back to the full Council. Councilmember Biane felt some of the recommendations brought up by Jim Roddy of LAFCO should be looked at. ACTION: More information to come back at a future meeting. 14. DISCUSSION OF PARK FACILITIES ITEMS Staff report by Rick Gomez, Community Development Director. Councilmember Williams stated there was a Community Services activity which she was not invited to attend. She stated when the Park and Recreation Facilities Subcommittee was around she always knew what was going on. She felt the Council should be kept informed of these types of issues and events. She felt once a month at a Council meeting to let the Council know what was going on would be adequate. She stated there was enough stadium issues to get a monthly update also and felt there needed to be a slot on the Council agenda for this whether there are any items or not. City Council Minutes June 18, 1997 Page 11 Mayor Alexander and Councilmember Biane agreed and stated they agreed with staffs No. 2 recommendation. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING The Council concurred. No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L, ADJOURNMENT MOTION: carded unanimously 4-0-1 (Gutierrez absent). executive session. Moved by Williams, seconded by Biane to adjoum to executive session to discuss .... . Motion The meeting adjourned at 9:01 p.m. No action was taken in Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * June 26, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Thursday, June 26, 1997, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:01 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 Lain, City Manager; James Markman, City Attorney; Rick Gomez, Community Development Director; Joe O'Neil, City Engineer; Shinto Bose, Deputy City Engineer; Dave Blevins, Public Works Maintenance Manager; Jeff Barnes, Parks/Landscape Maintenance Superintendent; Gary Vamey, Street/Storm Drain Maintenance Superintendent; Rex Whitney, Maintenance Superintendent; Walt Stickney, Associate Engineer; Joe Stofa, Associate Engineer; Kaeen Emery, Associate Park Planner; Sue Dodrill, Secretary; Bill Makshanoff, Building Official; Susan Stark, Finance Officer; Ingrid Blair, GIS Supervisor; Chris Bopko, Special Districts Technician; Pat Morrison, Special Districts Technician; Chearice Johnson, GIS Technician; Joan Kruse, Purchasing Agent; Suzarme Ota, Community Services Manager; Kathy Sorensen, Recreation Superintendent; Paula Pachon, Management Analyst II; Dave Moore, Recreation Supervisor; Bea Smiderle, Community Services Technician; Captain Rod Hoops, Rancho Cucamonga Police Departrnent; Chief Dennis Michael, Fire Protection District; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Kathy Scott, Deputy City Clerk; Elaine Chin, Secretary; Jill Ecoff, Records Clerk; Shirr'l Griffin, Office Specialist II; and Debra J. Adams, City Clerk. B. CONSENT CAI,ENDAR BI. Approval to amend Joint Use Agreement (CO 89-130) between the Chaffey Joint Union High School District and the City of Rancho Cucamonga for usage of Alta Loma High School Recreational Facilities. MOTION: Moved by Biane, seconded by Wiiliams to approve item B 1. Motion carried unanimously 5-0. C. ADVERTISED PUBLIC HEARING CI. CONSIDERATION TO CONTINUE THE ASSESSMENT FOR PD-85 For the staff presentation and discussion of this item, please refer to the transcript of the proceedings prepared by M & M Certified Court Reporters, which is attached to the minutes. City Council Minutes June 26, 1997 Page 2 RESOLUTION NO. 97-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE OCCURRENCE OF A BALLOT PROTEST PROCESS CONCERNING THE ASSESSMENTS FOR THE MAINTENANCE AND OPERATION OF RED HILL COMMUNITY PARK AND HERITAGE COMMUNITY PARK WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT PD-85-R IN THE CITY OF RANCHO CUCAMONGA WHICH CONCLUDED ON JUNE 26, 1997 AND DECLARING THE RESULTS THEREOF MOTION: Moved by Williams, seconded by Biane to approve Resolution No. 97-088. Motion carried unanimously 5-0 RESOLUTION NO. 97-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85-R (HERITAGE AND RED HILL COMMLrNITY PARKS) MOTION: Moved by Williams, seconded by Biane to approve Resolution No. 97-089. Motion carried unanimously 5-0. D. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. E. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:19 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA CITY COUNCIL PUBLIC HEARING CONSIDERATION TO CONTINUE THE ASSESSMENT FOR PD-85 TRANSCRIPT OF PROCEEDINGS taken at 10500 Civic Center Drive, Council Chambers, Rancho Cucamonga, California, beginning at 7:00 p.m. and ending at 10:20 p.m. on Thursday, June 26, 1997, taken before CONNIE MARDON, Hearing Reporter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: Rancho Cucamonga City Council: WILLIAM J. ALEXANDER, Mayor DIANE WILLIAMS, Mayor Pro-Tem JAMES V. CURATALO, Councilmember PAUL BIANE, Councilmember REX GUTIERREZ, Councilmember City Staff: JACK LAM, City Manager JAMES MARE, City Attorney RICK GOMEZ, City Planner DEBBIE ADAMS, City Clerk 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rancho Cucamonga, California, Thursday, June 26th, 1997 7:00 p.m. - 10:20 p.m. order. MAYOR PRO-TEM WILLIAMS: Call this meeting to MAYOR ALEXANDER: If would you all stand and join Diane. (The pledge of allegiance was given.) MAYOR ALEXANDER: This is a special adjourned meeting of the City Council tonight. Roll call. Alexander is here. Biane. COUNCILMEMBER BIANE: Here. MAYOR ALEXANDER: Curatalo. COUNCILMEMBER CURATALO: Here. MAYOR ALEXANDER: Gutierrez. COUNCILMEMBER GUTIERREZ: Here. MAYOR ALEXANDER: Williams. MAYOR PRO-TEM WILLIAMS: Here. MAYOR ALEXANDER: Welcome back, Rex. COUNCILMEMBER GUTIERREZ: Thank you. pleasure. MAYOR ALEXANDER: It's a The following consent items 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are expected to be routine and noncontroversial. 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, and that is the approval to amend Joint Use Agreement (CO 89-130) between the Chaffey Joint Union High School District and the City of Rancho Cucamonga for usage of the Alta Loma School recreation facilities. COUNCILMEMBER BIANE: I'll make a motion for approval. MAYOR PRO-TEM WILLIAMS: Second. MAYOR ALEXANDER: Motion is made and seconded. Your vote. (A vote was taken.) MS. ADAMS: Motion taken unanimously, five to zero. MAYOR ALEXANDER: Very good. Item C is the Advertised Public Hearing. The following item has been advertised and/or posted as a public hearing as required by law. We will open the meeting to receive public testimony. It's consideration to continue the Assessment for PD-85. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Jack, do you want to say anything? CITY MANAGER LAM: Yes. Mr. Mayor, Members of the Council, we will probably be here for at least a couple hours this evening. We have a fairly new procedure. You haven't seen the setup before. And in response to Proposition 218, we are conducting our official hearing tonight for PD-85. I would like to introduce Mr. Rick Gomez, who will give a brief report on the matter; followed by Mr. Markman, who will walk us through the process this evening. And I would also like to introduce Officer Burns in the back, who will be our Sergeant at Arms this evening. Mr. Gomez. MR. GOMEZ: Mr. Mayor, Members of the City Council, tonight is kind of like the conclusion of a process which began about a year ago. When we started to first understand what Prop 218 was and the ramifications of it, we started developing policy analysis; we tried to look at what 218 would do and the effects it would have on the City and how we would operate as a business again if it was to pass. Well, as we saw in December, it passed. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At that time the City -- Excuse me. passed. November it In December the City Council collectively worked together to come up with a schedule which included putting together dates that we adopted our resolutions to follow the guidelines of 218 to set this public hearing, to mail out ballots back on May 8th. Approximately 24,487, round number. I believe, was the At that time we mailed the ballots out. We now have been working with processing, bringing them back in through the mail. And tonight it is the -- we are having the public hearing to count the returned ballots to determine if we were going to continue the Assessment or not. We hope that tonight -- what you'll see in front of you is going ~o be a process.involving many volunteers putting together the ballots, getting them opened and counted, and by the time, oh, hopefully, within a couple of hours, you'll have a number. And we'll see what direction we'll be proceeding in. With that I'll turn it over to Jim, and he'll give a little bit of a legal background what we'll be doing tonight. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MARKMAN: Thank you. Mr. Mayor and members of the Council and the audience, there's a lady over here to my left of the front row, who's a certified shorthand reporter; not usually here at Council proceedings, but we felt that we wanted to have a verbatim transcript of what happened this evening because of the financial importance of this decision and because, after all, it is a first experience of going through the ballot protest process under Proposition 218 for this City. Because we are trying to get an accurate record, we would appreciate it if people -- especially me -- speak more slowly than they normally do. Two people can't speak at the same time and be recorded. And gestures, whether positive or negative, also can't be recorded. So if those simple rules can be followed, it will help her~ I don't think this will be -- considering the audience, the hearing won't be very long. Now, why we're here is because Proposition 218 was passed. And while it grandfathered in most existing assessments -- and all assessments -- where the money is used to service bonded indebtedness -- because the money was used -- or is being used -- to build public improvements, 8 1 there is one exception to the grandfathering, and 2 that is Assessments for Maintenance and Operations of 3 Parks. 4 And that's different from streets or 5 almost anything else you can think of that the City 6 could be maintaining. 7 And the reason for that is that the 8 Jarvis Group thought one of the major abuses they were 9 addressing in Proposition 218 were these districtwide 10 park assessments that were really parcel taxes. ll Those were being levied on an annual 12 basis in the entirety of the district instead of in 13 the street area. And, essentially, we're supporting 14 the operation of parks and parks districts. 15 So we have that exception. We identified 16 it, as Rick said, when we did an inventory of all the 17 City's assessment districts. We found this one which 18 is a very large and important one, where half the 19 Assessment was grandfathered in. That half was used 20 to build Red Hill and Heritage Community parks. 21 However, about half of it, or maybe a 22 little less than half, has been used over the years to 23 maintain and operate those parks. It was always 24 contemplated by the Council, then and now, that those 25 funds would be available to operate the parks that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were being paid for, as far as their construction is concerned, by the same assessment. So we have an interesting and unique situation we have presented under Prop 218 to the assessed people in Rancho Cucamonga. Part of this assessment -- that is the part which we have asked them to vote on whether to continue to maintain and operate the parks. There will be an assessment to keep paying for the bonded indebtedness, regardless of the outcome tonight. So it's only part of the historic assessment that's in front of you. On May 9th, after going through '- developing the ballot materials, Council approved the ballot materials in the form of the ballot, directed it be mailed out in accordance with Prop 218. That mailing occurred on May 9th. And I have here -- I'm going to ask the Mayor to order this as an item of evidence in this proceeding. It's a declaration bythe person who actually delivered 24,800-plus packages of material to the many different addresses in Rancho Cucamonga on May 9th. Not necessarily Rancho Cucamonga; there's some people who live outside the City, but who own 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property in the City who are accessees. So that was mailed. And we have a declaration under penalty of perjury by the person who handed all those to the U.S. Postal Service that that mailing occurred, according to law, more than 45 days before this evening, and that all the materials that the Council approved were mailed to each and every address, which is shown on this package I have, which is almost 25,000 addresses. So I would ask the Mayor to make that Exhibit 1 to this proceeding. MAYOR ALEXANDER: Okay. So declared Exhibit 1. MR. MARKMAN: So, now, this evening we go through an interesting process, because the law requires two things to happen this evening: One thing is that there is a typical hearing on whether to continue this assessment, which means the people will be able to orally address the Council, and try to convince the Council and others whether to continue or not to continue the Assessment. In the meantime, ballots can keep coming in, right up until the time that the Mayor has heard the last person speak and declares that's the end of the public testimony. That is the minute -- although, we don't know which minute at this time -- that is the minute that the City Clerk can no longer accept votes 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or ballots. So anybody here who wants to cast their ballot, needs to do that before the Mayor closes the public testimony. And the reason we chose to have that occur after public testimony is that perhaps somebody could be convinced by the testimony, one way or the other, on how to vote. I don't know if that's going to happen tonight. I know we have received over 9,000 ballots already. But at least it's possible. This is not an election, to clarify that. The FPPC doesn't think it's an election. The Prop 218 legislation that is going to the legislation now, declares it not to be an election. This is a ballot protest process by mail or personal delivery. It's the same as a majority protest process that you have in a lot of assessment hearings, where property owners can mount a majority protest if they wish. In this case, the key is what is the total amount of potential assessments voted for or against the proposition of continuing this assessment. That is, if there are $100 worth of assessments voted in favor of continuing the Assessment and $99 voted against continuing the Assessment, the Council is then 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authorized to continue the Assessment. So we will have a large dollar figure, probably on both sides of the ledger. We also have a tabulation of the total amount of assessments that were cast. The law requires this, a little unusually, to occur during the hearing. Proposition 218 says that votes will be canvassed during the hearing. So we're being supersafe. We're not going to close or recess this hearing, so all the people here can watch this activity going on. I'm going to ask at least three council members to be present in this room at all times that that is going on, so that nobody can say we counted these ballots other than during the hearing. The City Clerk will then get a tabulation. She'll sign a certificate similar to what the County Clerk signs after an election. She will certify the results. She will certify the total amount of assessments voted, the total amount voted to continue it, the total amount voted against continuing it. That will be presented to the counsel. And in the packet you see, you will have two resolutions to adopt. I suggest you're going to adopt them -- two resolutions -- one way or the other, because they're necessary in order to impose the 13 1 Assessment to service the bond. 2 You have in your packet two alternative 3 resolutions. For each one of these resolutions, one 4 authorized, the Council would vote to continue the 5 Maintenance and Operation Assessment, assuming it has 6 been authorized by tonight's vote. 7 The second assumes that the vote did not 8 authorize the continuation of the Assessment. So the 9 Council then would be asked to levy the Assessment 10 without the Operation and Maintenance portion. 11 So the all the actions you need to 12 consider are in this packet before you. So we suggest 13 that the first resolution will have to be adopted 14 because of the canvass; the second resolution will 15 levy an assessment, either both to service bonds and 16 maintain the parks or just to service bonds. 17 And so that's. what we're here to do 18 tonight. I will be happy to answer any questions. 19 At this point in time, if there are any 20 questions, it will be appropriate to receive public 21 testimony on the Maintenance and Operation Assessment. 22 MAYOR ALEXANDER: Questions at all? 23 COUNCILMEMBER BIANE: Is there going to be any 24 preliminary results as the process goes along? 25 MR. MARKMAN: We have not -- that's not in the 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 program. Obviously, at some point in time there will be a running total. But you' re going to see a machine opening ballots, one just rapidly. You're going to see people stacking the ballots. You'll see them being checked to make sure that the holes are punched out, rather than something else happening. You'll be seeing decisions made on ballots that may be mangled, damaged, or unusual. And then you'll see them put in a machine that counts them. If you want to stop that process at any given time and take a running count, I suppose we could do that. We think actually counting the ballots is only going to take 20 minutes. All the rest of the time is going to be processing the materials to get them in the position to be counted by the machine. COUNCILMEMBER BIANE: Thank you. MAYOR ALEXANDER: Other questions? Although not necessarily helping the public hearing, is there anyone in the audience that would like to ask the City Attorney any questions relative to what he's brought up already? You're welcome to do that. Okay. Thank you, Jim. All right. At this time we will go ahead and open this item up to receive public testimony. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is there anyone in the audience who would like to give testimony at this time? MR. MARKMAN: Before you close that, Bill, let me ask Paul if he's cast his ballot. Before the Mayor closes this, if anyone is here to vote, you better do it now, because it doesn't appear there will be any testimony. MAYOR ALEXANDER: I just want to make sure. I've been accused of closing these sometimes too fast. All right. the public hearing. MR. MARKMAN: starts. At this time we will close Just the testimony part. MAYOR ALEXANDER: Testimony. I'm sorry. And I guess this is where the canvass MR. MARKMAN: I suggest, Mr. Mayor, that the hearing is theoretically continuing, but now starts the Clerk's administration process of canvassing the ballots. (The ballots were counted.) MAYOR ALEXANDER: Could you please go ahead and cite the results of the -- MS. ADAMS: The total amount of assessments cast was $429,117.50. The total amount cast for a continuation 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the MNO Assessment was $277,217.50 for 64.6 percent. The total amount cast against the continuation of the MNO Assessment was $151,900 for a 35.4 percent. MR. MARKMAN: With that result, Mr. Mayor, the fact that the City Clerk is certifying to those results, staff recommends the Council adopt Resolution 97-088, in the first form presented in your agenda packet with the notation continuation and levy of assessments, which would continue the levy of the MNO Assessment. MAYOR ALEXANDER: All right. Do we have a motion? MAYOR PRO-TEM WILLIAMS: So moved. COUNCILMEMBER BIANE: Second. MAYOR ALEXANDER: We have two motions and two seconds. Please indicate your vote. (A vote was taken.) MS. ADAMS: Unanimously, five to zero. MR. MARKMAN: Second to the last action, staff recommends for the Council to adopt Resolution 97-089 in the first form presented in your packet, with the notation supporting continuation of the Assessment. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR ALEXANDER: DO we have a motion? COUNCILMF~MBER BIANE: So moved. MAYOR PRO-TEM WILLIAMS: Second. MAYOR ALEXANDER: We'll state Diane did it, because it got mentioned earlier that the court reporter would like to make sure that the appropriate names are placed. Please indicate your vote. (A vote was taken.) MS. ADAMS: Unanimously, five to zero. MAYOR ALEXANDER: Very good. Before we go to the communications from the public, there are a few people left tonight. And on behalf of everyone up here, I think it's appropriate to thank everybody involved, certainly with the staff, because this was quite a chore to go through the election process. I know we are all very grateful for the work the staff did. Certainly, second, we want to thank all the volunteers, both here, and there are some people that worked countless hours. And we're very grateful for that. And I think it goes without saying we want to thank the voters because they certainly show that they care about the community in keeping like it 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Anybody else that wants to say anything, they're welcome. COUNCILMEMBER BIANE: Well said by yourself. MAYOR ALEXANDER: Item D is communications from the public. This is the time and place for the general public to address the City Council. State law prohibits the Council from addressing any issue not previously on the agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. Is there anybody here this evening that would like to address the Council? MR. DUTTON: Mr. Mayor, Members of the Council, Bob Dutton, I think most of you know. I just want t9 publicly thank all the volunteers that helped with the passage of this measure, including all the sports groups in the community, as well as the outdoor riding club, specifically Jaycees Softball, Little League, numerous church groups, too numerous to mention, as well as the Rancho Cucamonga Fire Fighters Association, just countless other volunteers that helped pass out material and things of that nature. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And most importantly, I too, would like to thank the property owners here in Rancho Cucamonga and also the business community. As a long-time Chamber member, I have learned to rely on them to support a lot of causes here in this community. And they have never let me down. And I was really pleased tonight to see that this issue was not an exception. So thank you, everybody. MAYOR ALEXANDER: Thank you very much, Bob. Ditto, I assure you. Is there anyone else here this evening that would like to address Council? Item E is adjournment. Is there a motion to adjourn? MAYOR PRO-TEM WILLIAMS: motion. COUNCILMEMBER BIANE: Diane will make a Second. MAYOR ALEXANDER: Paul will second. Please indicate your vote. (A vote was taken.) MS. ADAMS: Voted unanimously, five to zero. MAYOR ALEXANDER: Thank you. (END OF PROCEEDINGS.) 20 REPORTER'S CERTIFICATE I, ~ ~,~- ~b~ ~'~-- , a Shorthand Reporter, do hereby certify that the foregoing proceeding was written by me in Stenotypy, and transcribed into typewriting and that the foregoing is a true and correct copy of my shorthand notes thereof. Dated: ~JUL 0 3 1997 July 2, 1997 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, July 2, 1997, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:12 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: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager, Linda Daniels, RDA Manager, Jan Reynolds, RDA Analyst; Rick Gomez, Community Development Director, Brad Buller, City Planner, Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Deborah Clark, Library Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Joseph Henry, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B, ANNOUNCEMENTS/PRESENTATIONS B1. Mike Ferguson, Inland Valley Daily Bulletin, and Emily Billings talked about the Inland Valley All Star Baseball Games held at the Epicenter. They thanked the Council and staff for their cooperation and for the use of the stadium. Mr. Ferguson and Ms. Billings presented hats from the event to the Councilmembers. C, COMMUNICATIONS FROM THE PUBLIC C1. John Gurney, 12924 Chestnut, stated there is no pedestrian walkway crossing from his side of Etiwanda to the Food 4 Less Center. He stated there needed to be something done so you could cross Etiwanda at Chestnut. D, CONSENTCALENDAR D1. Approval of Warrants, Register Nos. 6/11/97 and 6/18/97 and Payroll ending 5/29/97 for the total amount of $1,401,851.26. City Council Minutes July 2, 1997 Page 2 D2. Approval to appropriate $593,055 for Fund 28-4333-9315 (Community Development Block Grant) and approval to appropriate $29,350 for Fund 28-4333°9620 (Community Development Block Grant), and approval to appropriate $328,500 for Fund 21-4647-XXXX (Beauti~cation) for the Lions West Community Center Improvement Project for Fiscal Year 1997/98; and approval to award a contract (CO97-027) to Old Hickory Construction Inc., in the amount of $804,695, plus a 10% contingency ($29,350 to be funded from Fund 28- 4333-9620, $548,504 to be funded from Fund 28-4333-9315, and the balance from Fund 21 -4647-XXXX); and approval to award a Professional Services Agreement (CO97-028) with Peter Pitassi, AIA, Architect, for a fee of $22,300, plus a 10% contingency from Fund 21 -4647-XXXX; and authorization to award a contract to Siebe Environmental Controls (CO97-029) for installation of the HVAC controls in the amount of $30,741, to be funded from Fund 28-4333-9315. D3. Approval to executive a Professional Services Agreement (CO97-030) with LSA Associates, Inc., not to exceed $103,000, for the preparation of an Environmental Impact Report for General Plan Amendments 96-03B and 97-01 and Victoda Community Plan Amendments 96-01 and 97-01, to be funded from Developer Deposit through Account No. 01-4333-0635. D4. Approval and execution of State Master Agreement No. 08-5420 for Federal aid projects between the State of California, Department of Transportation and the City of Rancho Cucamonga. RESOLUTION NO. 97-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF STATE MASTER AGREEMENT NO, 08-5420 FOR FEDERAL AID PROJECTS BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF RANCHO CUCAMONGA 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 El. ETIWANDA SPECIFIC PLAN AMENDMENT 97-01 - CITY OF RANCHO CUCAMONGA - A request to amend the Etiwanda Specific Plan to modify proposed Wardman Bullock Road/Youngs Canyon Road, between Wilson Avenue and Cherry Avenue, by eliminating the landscaped median and across the San Sevaine Basin by reducing the pavement width and eliminating the equestrian trail and modifying all applicable exhibits therein. A Notice of Categorical Exemption has been prepared. APNS 226-102-17, 226-111-05 and 06, 226-112-02 and 03, 226-311-27, 226-321-01. Debra J. Adams, City Clerk, read the title of Ordinance No. 580. ORDINANCE NO. 580 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 97-01, TO MODIFY THE PROPOSED WARDMAN BULLOCK ROAD/YOUNGS CANYON ROAD, BY ELIMINATING THE LANDSCAPED MEDIAN AND REDUCING THE PAVEMENT WiDTH AND ELIMINATING THE EQUESTRIAN TRIAL ACROSS THE SAN SEVAINE BASIN AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes July 2, 1997 Page 3 MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 580. Motion carried unanimously 5-0. No items were submitted. F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS G1. APPROVAL OF AGREEMFNT (CO 97-031) FOR G. (~. SERVICES TO RECOVER CRIMINAL JUSTICE ADMINISTRATIVE FEES (BOOKING FEES) FROM CONVICTED ARRESTEES Staff report presented by Jerry Fulwood, Deputy City Manager. Mark Cousineau of GC Services was also present to answer any questions. Councilmember Curatalo inquired about their recovery rate. Mark Cousineau reported about 4 to 9%. Councilmember Curatalo stated he just wanted to make sure the City would end up in the positive mode. Councilmember Gutierrez inquired about his commission amount and verified that it is based on the amount collected. Councilmember Biane asked how far back can they go to collect. Mark Cousineau reported they should be able to go back as far as when the booking fees were first collected. Councilmember Willlares asked if Mr. Cousineau would be pursuing the backlog of fines or not. Mark Cousineau stated that is what he thought the City wanted so he will be doing this. Councilmember Williams asked what would be done with the money collected. Jack Lam, City Manager, stated it would go back into the General Fund. 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. 581. ORDINANCE NO. 581 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS City Council Minutes July 2, 1997 Page 4 MOTION: Moved by Curatalo, seconded by Williams to waive first reading and set second reading for July 16 and to approve CO 97-031. It was also agreed that the City Manager would be named as the contact person. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF A RESOLUTION AUTHORIZING ISSUANCE OF BONDS FOR THE MASI PLAZA ASSESSMENT DISTRICT NO. 93-01 Staff report presented by Joe O'Neil, City Engineer. RESOLUTION NO. 97-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND DISCLOSURE AGREEMENTS FOR ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) MOTION: Moved by Gutierrez, seconded by Biane to approve Resolution No. 97-092. Motion carried unanimously 5-0. I. COUNCIL BUSINESS No items were submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. James Markman, City Attorney, stated they need to make an amendment to the Bingo Ordinance which would be coming back at the next meeting. J2. Councilmember Curatalo stated he would like for the Council or the subcommittee to do a report regarding the growth at the library. Mayor Alexander suggested that the Council Subcommittee look at this and bdng a report back to the Council. Councilmember Williams felt possibly there could be a workshop with the Council and the Library Board to discuss all aspects. J3. Councilmember Willjams felt there were duplicate street names and felt the policy was breaking down. She wanted the Council to discuss this after it has gone to the Planning Commission. She stated she would like to see the word "Base Line" be spelled out as two words. Brad Buller, City Planner, stated he would discuss this with the Planning Commission and then bring it back to the Council with more information. City Council Minutes July 2, 1997 Page 5 No communication was made from the public. COMMUNICATIONS FROM THE PUBLIC ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to July 8, 5:30 p.m. for a Central Park Task Force Meeting to be held in the Council Chambers located at 10500 Civic Center Ddve, Rancho Cucamonga. Motion carried unanimously 5-0. The meeting adjourned at 7:47 p.m Respectfully submitted, Debra J. 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Em ,. _ ....... · · · · · · · · I · · · · I I · · ~1 I · · · ~i~1 ~1~1 I · I · · I I · · I · · · · I · I I · · · · I I · I · I · · I' · · · · · · I · · · · · I · · I · I · · · a & · · · · · · · · · I · · CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: August 6, 1997 Mayor and Members of the Rancho Cucamonga City Council Jack Lam, AICP, City Manager Deborah Kaye Clark, Library Manager APPROVAL TO APPROPRIATE $9,600 AWARDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY ACCOUNTS RECOMMENDATION Approve acceptance of a grant award of $9,600 and appropriate the same into Library Revenue Account 135-3901-5880 and Expenditure Account 135-4532 in the following manner: 6028 Contract Services $4,000 3100 Travel &Meetings $200 3900 Maintenance & Operations $5,400 BACKGROUND/ANALYSIS The California State Library offered the opportunity for libraries to apply for funds to create their own library foundation, or to request funds for Board development or other special needs. The Library Foundation requested the Library apply for funds and the Library Board of Trustees approved the grant application submitted to the State Library for funding. The award approved by the State Librarian will allow the Rancho Cucamonga Public Library Foundation to create a planned giving program for the library. FISCAL IMPACT: $9,600 in grant funds would be targeted for the planned giving program. No matching funds are required in this grant. PSe ectf~ I i~ed, Library ManYa~er C ,/ LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM LOCAL APPLICATION FORN.I ',. , ,, ' , ~,' '%. ',,~,',;. , ,, , C635 B City of l;~ancho Cucamonga -~ : Jack Lam, City Manager ...; :. ~. ~ Jack :~ ~ L~ '. ~ '. . . ......... ~ ~:%":~,' .~. ~ .. .... ..,~ ~::' - .Y'.~ ~' . . ~',~ ......... ,., .y..~,~...~...... San Be~a~o Rancho ~c~nga c.x 9 1730 Mr Allen Nolan "~ - ,',..~',g,.;~t~l~f.r.~.. j,'eg~;~y~.',, .. :' . ,:%,. .t.:, ,. ,,-,7~ ' : . · ';.":., ...~%..... · ,, ' . ~. ;. , ;~/.~2~.,,:.,;,~ .- .: .... ~; . ..; . ................ .~ .............................................................. 95-32[3002 .z 07 N/A ; ~rt~nt of Justice .' 'Y .............. : ' :' ......... ] .' :' ......, ..........~ .........· .............................. J . 06-06-97 .~' x '; 85,107 9,447 (. lll) M4 ?.=.. .' . ';:: ... ... .'~:~:~" : .... . ..,~.~.~. ,..... :.~ ? , .. .,, . ': ~'., ~'~2'Z:~".~,,5~:; ., L'v ,,~.. ., .... ....., ........ .. ...~ .. : ~;.....: . .- :...~ . Your signature represents your legal binding acceptance of the terms of this application and your statement of the veraci~ of the representations made in this application. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the three attached forms: O Assurance; 2) Certifications Rqarding Lobbying; Debarmerit, Suspension and Other Respo.sibili~ Matters; and Drug-Free Workplace Requireme.a; and 3)Certification Regarding Public Safe~ Officer Health Benefits. · ~, · . . ' · . , ' . i . CONTACT ADDRESS (IF DIFFERENT FRO~I ABOVE): /Z CITY OF RANCHO CUCAMONGA STAFF REPORT DATE.' TO: FROM.' SUBJECT: August 6, 1997 MAYOR AND MEMBERS OF THE CITY COUNCIL JACK LAM, A.I. C.P., CITY MANA GERCE~ RANCHO CUC~ONGM I'OLI(TE D~~~ G~NT BUDGET APPROP~A TIONS - FY 1997/1998 RECOMMENDATION Authorization to reappropriate $50,590.16 unexpended Local Law Enfi~rcement Bbck Grant .fun&, account # 116-4451- 7044, from budget fiscal year 1996/1997 to budget.fiscal year 199 7/1998. BACKGROUND Grant expenditures.for ~scal year 1996/97 .,ere delayed &ie to tlntimely receipt of Satellite Station contracts and the acquisition of the digital dictation system equipment. This resulted in grant funds not being encumberedprior to the ch~se of~scal year 1996/1997. In addition, there were no provisions in place to reappropriate unencumbered fimds' of $50,590. 16 to the current.~scal year, 199 7/1998. These unencumbered. fitndv are needed to complete this project. IZ-I DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT August 6, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Diane O'Neal, Management Analyst II CONSIDERATION TO ADOPT RESOLUTION 97-*** ENDORSING SCAG'S CONGRESSIONAL LEADERSHIP SUMMIT Recommendation Adopt Resolution 97-*** Endorsing SCAG's Congressional Leadership Summit. Background The Southem Califomia Association of Governments (SCAG) is sponsoring the second annual Congressional Leadership Summit on Friday, August 22, 1997 at U.S.C. The purpose of the Stmunit is to bring to together southem Califomia's congressional delegation to discuss the issues affecting the region and to stress the importance of unity and bipartisanship. The Congressional legislators will have the opportunity to interact with local, elected officials. Significant issues to be addressed include ISTEA reauthorization, Metropolitan Planning Organization designation, freight, Congestion Mitigation, Air Quality funding, value pricing, defense industry realignment and the Regional Transportation Plan. The attached Resolution endorses the Leadership Summit. 2spe~Lfully subm~ed, Diane O'Neal Management Analyst II Attachment: Resolution 97-*** RESOLUTION NO. 97-*** ~ 7- / ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING AND ENDORSING THE SECOND ANNUAL CONGRESSIONAL LEADERSHIP SUMMIT, ORGANIZED BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG), TO FOSTER UNITY IN THE SOUTHERN CALIFORNIA DELEGATION ON ISSUES AFFECTING THE REGION VVHEREAS, the Southern California Association of Governments (SCAG) is a Joint Powers Agency (JPA) established pursuant to Section 6502 et seq. of the California Government Code; and WHEREAS, SCAG is the designated Metropolitan Planning Organization (MPO) for the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura; and WHEREAS, SCAG's mission is to provide leadership, vision and progress which promote economic growth, personal well-being, and livable communities for Southem Californians; and WHEREAS, SCAG has invited every Member of Congress from the SCAG region to attend the second annual Congressional Leadership Summit which will be held at the University of Southern California (USC) on August 22, 1997, to foster unity in the Southern California delegation on issues affecting the region. THEREFORE, BE IT RESOLVED, that, we, the City Council of the City of Rancho Cucamonga, recognize the significance of this event and endorse the Congressional Leadership Summit, which deserves the participation, involvement, and support of all officials who have been elected to serve the citizens of Southern California; and BE IT FURTHER RESOLVED, that, we, the City Council of the City of Rancho Cucamonga, encourage all members of the Southern California Congressional Delegation to attend this important event. PASSED, APPROVED, AND ADOPTED this 6th day of August, 1997. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor DATE: T~. FROM: SUBJECT: August 6, 1997 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City Council Duane A. Baker, Assistant to the City Manager APPROVAL OF AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This amendment will reflect changes resulting from the merger of the City's legal counsel of Markman, Arczynski, Hanson, Curley & Slough with the firm of Richards, Watson & Gershon. In effect, the amendment assigns the contract to the firm of Richards, Watson & Gershon and spells out the fee schedule. All other aspects of the legal services agreement will remain the same. Respectfully submitted, ~~k~~ Assistant to the City Manager /:5' CO 97-034 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by the Alta Loma, Central, Etiwanda and Cucamonga School Districts, the County of San Bernardino, and the City of Rancho Cucamonga for the purpose of jointly sponsoring and continuing the Drug Abuse Resistance Education (D.A.R.E.) Program. In order to accomplish this goal, the agencies listed below will contribute the following dollar amounts to be used for the continuation of the DARE program: Alta Loma School District -- $43,491; Central School District -- $31,823; Etiwanda School District -- $21,215; Cucamonga School District -- $9,546; The City of Rancho Cucamonga -- $106,075. The County of San Bernardino Sheriff' s Department will provide two DARE officers in accordance with the terms and provisions of the contract for police service between said County and the City of Rancho Cucamonga to be shared among the four schoool districts on a proportional basis based upon the dollar amount contributed by each district to the program (Alta Loma School District -- 41%; Central School District -- 30%; Etiwanda School District -- 20%; and Cucamonga School District -- 9% of the officers' time). This shall be effective fi'om July 1, 1997 through June 30, 1998. If modifications are necessary they will be added to this Memorandum of Understanding by mutual agreement of all parties involved. We hereby agree to this Memorandum of Understanding and certify that the agreements made here will be honored. Signature Alta Loma School District, Superintendent Date Signature Central School District, Superintendent Date Signature Etiwanda School District, Superintendent Date Signature Signature Signature Cucamonga School District, Superintendent County of San Bernardino, Sheriff City ofRancho Cucamonga, Mayor Date Date Date /7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August6,1997 TO: Mayor, City Council Members Jack Lam, City Manager, AICP FROM: Suzanne Ota, Community Services Manager BY: Nettie Nielsen, Recreation Supervisor SUBJECT: APPROVAL TO AWARD CONTRACT TO HOLIDAY PRINTING FOR THE QUARTERLY PRINTING OF THE GRAPEVINE IN THE AMOUNT OF $58,629.00 RECOMMENDATION: That the City award the contract for the quarterly printing of "The Grapevine" brochure to Holiday Printing in the amount of $58,629.00. BACKGROUND: Each quarter (Winter, Spring, Summer and Fall) the City ofRancho Cucamonga publishes a 40 - 44 page brochure, "The Grapevine", which includes a City newsletter and recreation program schedule. Each quarter approximately 53,000 copies are printed, 48,000 of which are direct mailed to City residents. City staff does most of the pre-press production in-house including: collection of information, typesetting, layout, graphics and photos. The City contracts with a printer to prepare the final pre-press work, print and bind the magazine and distribute it to the City and a mailing service ultimately delivers "The Grapevine" to the Post Office. On a periodic basis a Request for Proposal for printing "The Grapevine" is issued and competitive proposals are considered. The City has just completed this process. ANALYSIS The City received nine (9) responses by the stated deadline of June 30, 1997. Three of the nine did not submit a bid because they could not be competitive in their pricing. Quotes ranged from $58,629.00 to $134,154.00. This great disparity appears because the City requires that "The Grapevine" be printed on a webb press, a more economical way to produce the magazine. Some printers only have sheet fed presses that considerably increase the cost for production. City staff has reviewed the proposals for the printing of "The Grapevine" brochure. A summary of the proposals received is attached. Our current printer, Holiday Printing, came in with the lowest quote. Holiday Printing has been printing the Grapevine since 1994. We have been very satisfied with the quality of the printing and the service that we have received from Holiday Printers. They have always been responsive to the City's needs and offered competitive pricing. The next competitive bid was approximately $12,000 higher than Holiday Printers. City Council Meeting Approval of Coreract to Holiday Printing August 6, 1997 Page 2 Attached is a breakdown of bids received and the contract for printing services. The initial contract period is one (1) year, with the ability to extend the contract on an annual basis for an additional three (3) years. The contract has been reviewed and approved by the City Attorney. Fiscal Impact: The amoum of the contract $58,629.00 is included in the Community Services General Fund (01 ) Budget for Fiscal Year 1997/98. /R/espectfully submitted, Attachment: City Council Staff Report Contract Award for Printing of 1997/98 "Grapevine" brochure REQUEST FOR PROPOSAL 1997/98 Grapevine Printing Proposals Received Price Quotes based on printing and bindrey charges four issues, 53,000 copies each. Three (3) Issues at 40 pages and One ( 1 ) issue at 44 pages, plus pre-press work. COMPANY NAME LOCATION TOTAL BID AMOUNT City of Industry $58,629.00 Holiday Printing COMMENTS Current Grapevine printer Valley Printers Riverside $70,410.00 Conner Enterprises Ontario $83,234.00 Acrey & Tharp Printing I.B. Lithograph Riverside $100,084.00 Montclair $105,843.00 Not capable of producing in house - subcontract out Advanced Color Graphics Claremont $134,154.00 Not capable of producing in house - subcontract out Disco Print Supply Irvine NO BID Not capable of doing job Riccobon Business Forms Santa Fe Springs NO BID Unable to compete with publication work Printing Resources Upland NO BID No reason given for not bidding 20 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August6,1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mike Olivier, Senior Civil Engineer SUBJECT: APPROVAL OF A RESOLUTION CERTIFYING TO SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) THE CITY HAS ADEQUATE RESOURCES TO MAINTAIN IMPROVEMENT PROJECTS FUNDED BY THE INTER-MODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 ONCE THEY ARE IMPLEMENTED RECOMMENDATION It is recommended that the City Council approve and execute the attached Resolution certifying the City has adequate resources to maintain improvement projects funded by the Inter-modal Surface Transportation Efficiency Act (ISTEA) of 1991, once they are implemented. BACKGROUND/ANALYSIS In June of this year, local agencies of the valley area were invited to submit projects qualifying for Federal funds under the 1991 Inter-modal Surface Efficiency Act (ISTEA). Since the 1991 Act comes to a close this year, SANBAG wants to allocate all remaining funds before year's end. Projects from valley area agencies will compete for funding on the following four categories: 1. Safety 2. System connectivity 3. Congestion relief 4. Matching funds On June 2, 1997, four projects were submitted to SANBAG by the City for ISTEA funding. They are: Foothill Boulevard Medians from Vineyard Avenue to Haven Avenue, except that reach between Hellman Avenue and Archibald Avenue which is already a joint City/Caltrans project. CITY COUNCIL STAFF REPORT CERTIFICATION OF ADEQUATE RESOURCES FOR ISTEA FUNDED PROJECTS August 6, 1997 Page 2 2. Haven Avenue Improvements from Base Line Road to proposed Route 30 Freeway. 3. Carnelian Street/Vineyard Avenue Improvements from San Bernardino Road to north of Base Line Road. 4. Metrolink Expansion SANBAG has also requested that local agencies requesting subject funding submit to their governing bodies a resolution certifying they have adequate resources to maintain the improvement projects once they have been implemented. It is anticipated that SANBAG will have approved projects by September of this year. Respectfully submitted, W~ll~ d7~~ · 'am J. O'Neil City Engineer Attachments WJO:MO:sd RESOLUTION NO. ~ 7-- / cO / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING TO SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) THE CITY HAS ADEQUATE RESOURCES TO MAINTAIN IMPROVEMENT PROJECTS FUNDED BY THE INTER-MODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 ONCE THEY ARE IMPLEMENTED WHEREAS, since there are surplus funds remaining from the Inter-modal Surface Transportation Efficiency Act (ISTEA) of 1991 for the valley areas, SANBAG desires to allocate these funds to local agencies ~vithin the valley; and WHEREAS, SANBAG has requested local agencies desiring these remaining ISTEA funds to submit project applications to them and to submit to their governing bodies a resolution certifying they have adequate resources to maintain the improvement projects once they have been implen~ented; and WHEREAS, the City of Rancho Cucamonga has requested funding for medians for Foothill Boulevard between Vineyard Avenue and Haven Avenue (except between Hellman Avenue and Archibald Avenue), improvements to Haven Avenue from Base Line Road to the proposed Route 30 Free~vaSz, improvement to Carnelian Street/Vineyard Avenue from San Bemardino Road to north of Base Line Road and expansion of the Metrolink Station. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA hereby resolved as follows: Certifies that the City of Rancho Cucamonga has adequate resources to maintain the improvement project once they have been implemented. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 6, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beek, Jr. Engineer ACCEPT CONTRACT NO. CO 96-036, THE HERMOSA AVENUE PAVEMENT REHABILITATION, FOURTH STREET TO SIXTH STREET, NORTH OF SHARON CIRCLE TO EIGHTH STREET, SOUTH OF DEVON STREET TO FOOTHILL BOULEVARD, FUNDED FROM MEASURE 'T' FUNDS, ACCOUNT 32-4637-9520 AND S.B. 140 FUND, ACCOUNT NO. 35-4637-9520, APPROVE THE FINAL CONTRACT AMOUNT OF $188,179.20 AND AUTHORIZE THE CITY ENGINEER TO FILE A "NOTICE OF COMPLETION" RECOMMENDATION: It is recommended that the City Council accept the HERMOSA AVENUE PAVEMENT REHABILITATION, Contract No.96-036 as complete, authorize the City Engineer to file a "Notice of Completion", and approve the final contract amount of $188,179.20. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $188,179.20. The original amount approved by Council was $209,223.40. Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:ls Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR HERMOSA AVENUE PAVEMENT REHABILITATION, LOCATED FROM FOURTH STREET TO SIXTH STREET, NORTH OF SHARON CIRCLE TO EIGHTH STREET, SOUTH OF DEVON STREET TO FOOTHILL BOULEVARD, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of improvements for Hermosa Avenue Pavement Rehabilitation, located From Fourth Street to Sixth Street, north of Sharon Circle to Eighth Street, south of Devon Street to Foothill Boulevard, have been completed to the satisfaction of the City Engineer; and, work is complete. WHEREAS, a Notice of Completion is required to be filed, certifying the NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino County. CITY OF RANCHO CUCAMONGA __ STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 6, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer APPROVAL OF A REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS, MEDIAN ISLAND LANDSCAPING WITHIN BASE LINE ROAD, IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 15732, LOCATED AT THE NORTHWEST CORNER OF BASE LINE ROAD AND ETIWANDA AVENUE, SUBMITTED BY LEWIS HOMES MANAGEMENT CORPORATION RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for the frontage improvements, median island landscaping withing Base Line Road from Etiwanda Avenue to Swanson Place, in conjunction with the development of Tract 15732, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS: As a Condition of Approval of Tract 15732, Lewis Homes Management Corporation (the Developer) was required to landscape the existing median island withing Base Line Road from Etiwanda Avenue to Swanson Place. The landscape improvements have been completed by the Developer. The Developer has submitted an itemized accounting of the construction costs of the required landscape improvements. Staff has reviewed and concurs with the submittal. The total cost of said landscape improvements is $78,932.00 which calculates out to $78.93 per linear foot cost. A distribution cost breakdown of responsibility of the adjoining lots or parcels upon development or redevelopment is contained in the reimbursement agreement. Copies of the agreement signed by the Developer are available in the City Clerk's office. Respectfully submitted~ William J.~ City Engineer WJO:JAD:sd Attachments VICINITY MAP CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA TRACT ~5732 File: h:\exhibizs\15732 RESOLUTION NO. ~ 7- Zl').J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TRACT 15732 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by Lewis Homes Management Corporation, the Developer, for the frontage improvements, median island landscaping within Base Line Road from Etiwanda Avenue to Swanson Place, in conjunction with the development of Tract 15732 located at the north west comer of Etiwanda Avenue and Base Line Road; and WHEREAS, the Developer, at the Developer's expense, has completed the landscaping improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest thereto. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 6, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Shelley Maddox, Engineering Aide APPROVAL TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 94-22, LOCATED AT THE NORTHEAST CORNER OF FOURTH STREET AND ARCHIBALD AVENUE, SUBMITTED BY FRITO-LAY RECOMMENDATION It is recommended that the City Council adopt the attached Resolution ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 94-22. BACKGROUND/ANALYSIS MDR 94-22, located on the noaheast comer of Fourth Street and Archibald Avenue, is required to fulfill certain conditions of approval along with the normal processing. As part of those conditions the Developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. The Consent and Waiver to Annexation form has been received from the Developer and is on file in the City Clerk's office. Attached is the Resolution for adoption by the City Council to complete the proposed annexation. Respectfully submitted, City Engineer WJO:SM:sd Attachment City of Rancho Cucamonga Annexation to LMD #3B and SLD #1 and #6 4TH 48O Fcct N A EXHIBITA: VICINITYMAP MDR 94-22 FRITO-LAY RESOLUTION NO. E~ 7-/O q 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. 1 AND 6 FOR MDR 94-22 (APN: 210-071-28) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereina~er referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT *A* ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 Street lights 9 trees on Archibald 36 trees on 4th Street CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO MDR 94-22 STATE OF CALIFORNIA 3'2, EXHIBIT "B" WORK PROGRAM PROJECT: MDR 94-22 (APN: 210-071-28) STREET LIGHTS: Dist. S1 S6 5800L NUMBER OF LAMPS 9500L 16.000L 22,000L 6' 9' --- 27,500L 1' * existing LANDSCAPING: Dist. L3B Community Equestrian Trail D.G.S.F. Turf Non-Turf Trees S.F. S.F. Ea. ...... 45* * existing ASSESSMENT UNITS: Assessment Units Bv District DU or Parcel Acres S 1 S2 L 1 N/A 36.22 72.44 36.22 36.22 Annexation Date: 8/6/97 Form Date 11/16/94 ORDINANCE NO. 582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97-02, AMENDING TITLE 14 OF THE MUNICIPAL CODE TO ADD REGIONAL AUTOMOBILE SALES AS A CLASS OF SIGNS WITHIN SECTIONS 14.20.100 SIGNS - COMMERCIAL AND OFFICE ZONES AND SECTION 14.20.110 SIGNS - INDUSTRIAL ZONES. A. RECITALS. 1. On the 14th day of May 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Sign Ordinance Amendment. Following the conclusion of said public hearing, the Planning Commission adopted Resolution No. 97-25, thereby recommending the City Council adopt Sign Ordinance Amendment No. 97-02. 2. On the 16th day of July 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to its adoption of this ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Regional Automobile Sales is added as a class of signs within Sections 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs - Industrial Zones hereby amended as shown in the attached Exhibit "A." SECTION 2: The Council hereby finds and determines that the proposed amendment is exempt from the requirements of the California Environmental Quality of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance 582 Page 2 PASSED, APPROVED, AND ADOPTED this 6th day of August, 1997. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of July, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of August, 1997. Executed this 7th day of August, 1997, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Ordinance 582 Page 3 0 N 0 ~:~ 0 G) J~ 0 J~ >~ 0 J~ 0 ~3 E E 0 © ~.. E~ · 0 LU Z 0 LLI Z W Z EXH I B IT 'A' Ordinance 582 Page 4 (D c- O N c- O N r- c-- -o o c) LU rr' = EXHIBIT 'A' m 0 c::: 37 ORDINANCE NO. 583 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-02, TO AMEND THE DEVELOPMENT STANDARDS OF SUBAREA 16, INDUSTRIAL AREA SPECIFIC PLAN TO PROVIDE FOR DEVELOPMENT OF FIFTEEN ACRES OF NEIGHBORHOOD COMMERCIAL USES, SUBJECT TO CONDITIONAL USE PERMIT AUTHORIZATION, LOCATED AT THE SOUTHWEST CORNER OF SIXTH STREET AND ARCHIBALD AVENUE, AND TO UPDATE SUBAREA 16 STANDARDS TO REFLECT PREVIOUSLY ADOPTED USE PROVISIONS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-062-08. A. RECITALS. 1. The City of Rancho Cucamonga has filed an application for Industrial Area Specific Plan Amendment 97-02 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On May 28, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommending to the City Council that Industrial Area Specific Plan Amendment No. 97-02 be approved. 3. On July 16, 1997, the City Council of the City of Rancho Cucamonga conducted a duly notice public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occuFred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced public hearing on May 28, 1997, and to this Council during the above-referenced public hearing on July 16, 1997, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Ordinance 583 Page 2 The application for additional neighborhood commercial acreage applies to approximately 18 acres of land, located on the south side of Sixth Street, northeast of Archibald Avenue, and is presently underdeveloped with vineyards and agricultural buildings. Said properties are currently zoned as Industrial Area Specific Plan, Subarea 16, Industrial Park; and The properties to the north of the subject site are zoned Low Residential (2-4 dwelling units per acre) and are developed with a single family neighborhood. The properties to the west are zoned Low Medium Residential (4-8 dwelling units per acre) and are vacant. The properties to the east are zoned Industrial Area Specific Plan, Subarea 5, General Industrial and are developed with a utility substation and multi-tenant industrial complex. The properties to the south are zoned Industrial Area Specific Plan, Subarea 16, Industrial Park and are underdeveloped with a single family residence. The application to update the permitted and conditionally permitted uses in Subarea 16 applies to all of the properties within the subarea. This application does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan, Development Code, and Industrial Area Specific Plan with related development; and e. This amendment does promote the goals and objectives of the Land Use Element; and This amendment would not be materially injurious or detrimental to the adjacent properties and the "Rancho Cucamonga Industrial Area Specific Plan Subarea 16 Redesignation Environmental Impact Report," which listed this action as an alternative and was certified by the City Council on November 20, 1996, by the adoption of Resolution No. 96-163. 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: That the subject properties are suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and Ordinance 583 Page 3 That the proposed amendment is in conformance with the General Plan and will not result in any internal inconsistences with the General Plan, Development Code, or Industrial Area Specific Plan and would not have significantly greater impacts on the environment nor the surrounding properties than would be expected under the existing land use designation. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves Industrial Area Specific Plan Amendment 97-02 to amend Subarea 16 Development Standards as follows: The following text changes, bold indicating additions, atrikeout indicating deletions, shall be made to Subarea 16, Permitted Uses, Page IV-95: Eating and Drinking Establishmc'nts Restaurants Flood Control/Utility Corridor Automotive Rental Personal Services The following text changes, bold indicating additions, strikcout indicating deletions, shall be made to Subarea 16, Conditional Uses, Page IV-95: Extensive Impact Utility Facilities Schools Cultural Day Care Uses listed ("permitted" or "conditionally permitted") in the Development Code Neighborhood Commercial District subject to a five fifteen acre maximum listed in the Special Considerations. The following text changes, bold indicating additions, strikeout indicating deletions, shall be made to Subarea 16, Special Considerations, Page IV-98, shall be made: "A revised conceptual Master Plan (revises the Master Plan of Development Review File Number 82-16) which outlines access, circulation, drainage, and timing of improvements is required prior to approval of development plans. All new development must be consistent with this Master Plan, or the appropriate revisions approved. Neighborhood Commercial uses (listed as "permitted" or "conditionally permitted" in the Ordinance 583 Page 4 Development Code) may only be considered within a frye fifteen acre area at or near the southwest corner of Archibald Avenue and Sixth Street subject to approval of a master plan for those uses within a larger industrial park project. In the event of a conflict between whether a use is permitted or conditionally permitted, the Industrial Park requirement applies. It is not the intent to allow neighborhood commercial uses to be scattered throughout an industrial project nor to permit such uses within any existing complex designed solely for industrial uses." 5. The City Clerk shall certify to the adoption of this Ordinance. 6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 6th day of August, 1997. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of July, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of August, 1997. Executed this 7th day of August, 1997, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ORDINANCE NO. 90-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING SUBSECTION 5.08.100 I AND SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BINGO The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Subsection 5.08.100 I of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "5.08.100 I. No licensee shall conduct bingo games more than two days per calendar week or more than six hours out of any twenty-four hour period. No bingo game shall be conducted before 10:00 a.m., nor after 11:59 p.m. of any day." SECTION 2: Section 5.08.120 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "5.08.120. 'BINGO GAMES CONDUCTED BY NO MORE THAN 'I'VVO LICENSEES ON ONE PARCEL OF PROPERTY'. No more than two licensees shall conduct bingo games on any one parcel of property. One of those licensees shall own or lease the subject parcel and shall use it as an office or for performance of the purposes for which the organization is organized. The license issued under this Chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which one of the two licensees is organized, both licenses shall terminate. Notwithstanding such termination, any eligible organization may apply for a license pursuant to this Chapter 5.08 to be utilized at another location which qualifies pursuant to the provisions of this Section 5.08.120." z/2 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: August 6, 1997 Mayor and Members of the City Council, Jack Lam, AICP, City Manager William N. Makshanoff, Building Official YARD SALE REGULATIONS AND PLACEMENT OF SIGNS ADVERTISING FOR YARD SALES BACKGROUND At the City Council Meeting on July 16, 1997, a citizen raised concems regarding the number of yard/garage sales that are being held and the number of signs advertising the events. Currently the city does not have an ordinance regulating the number of sales that can be held at any one location in a given period of time. Placement of signs advertising yard sales are prohibited in the public right of way, and only one sign may be placed on the private property having the sale. Code Enforcement will respond to a complaint of signs placed in prohibited locations. Many cities have regulations restricting the number of garage and yard sales, placement of signs and the requirements for permits and fees. To enforce these types of regulations requires weekend code enforcement. RECOMMENDATION That the City Council discuss this issue and give staff direction on the appropriate course of action. Respectfully submi William N. Makshanoff /' Building Official WNM:Ic