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Home My WebLink About1997/06/04 - Agenda PacketCITY COUNCIL AGENDA II I I I !1 ~1! i,! i!'l' !11', Ill ! ii~. d! .... I J~ I r CITY OF RANCHO CUCAMONGA ...... ! ' ' i r ' I! ! '! I ii' !. ! '! REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. June 4, 19.97 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers W'dliam J. Alexander, Mayor Diane Williams, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Rex Gutierrez, Councilmember Jack Lain, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda June 4, 1997 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p~n. on the Tuesday of the week prior to the meeting. The City Clerk'a Office receives all such items. A. CALL TO ORDER 1. Roll Call: Alexander Biane , Curatalo , Gutierrez , and Williams B. ANNOUNCEMENTSIPRESFNTATIONS 1. Presentation of Proclamation suppo~ng the Police Summer Games. 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 2, 1997 Apdl 17, 1997 May 7, 1997 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. Approval of Reimbursement Agreement for installation of · 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 10 12 City Council Agenda June 4, 1997 2 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 PUBMC 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 Approval of five-year lease agreement (CO 97-025) with the Assistance League of Upland for use of parking lot across from the Rancho Cucamonga Senior Center. 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. CONSIDERATION OF AN ORDINANCE REGARDING CITY OF RANCHO CUCAMONGA CITY HALL PARKING 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 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 atthe nodbeast corner of Highland and Rochester Avenues - APN: 225-501-01 through 78. 13 14 15 17 City Council Agenda June 4, 1997 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 19 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. 1. CONSIDERATION OF COMMUNITY ENTERTAINMENT EVENTS AT TH!= EPICENTER 2. DISCUSSION OF RANCHO CUCAMONGA POLICE DEPARTMENT TOWING PROCEDURE 21 22 City Council Agenda June 4, 1997 4 I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public healing items, although the Chair may open the meeting for public input. 1. CONSIDERATION TO APPROVE 5-YEAR MOBILE HOME ACCORD EXTENSION FOR SYCAMORE MOBILE HOME PARK STATUS OF ISLE HOUSE. 6490 ETIWANDA AVENUE RECOMMENDATION ON THE GOVERNMENT ACCESS CHANNEL (RCTV-3~- CABLE TELEVISION SUBCOMMITTEE 27 31 48 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive tastimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was po~_ed on May 29, 1997, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. April 2, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetinn A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was hold on Wednesday, April 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 7:46 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Unda Daniels, Redevelopment Agency Manager; Jan Reynolds, RDA Analyst; Cathy Wahlstrom, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Steve Hayes, Associate Planner; Bill Mak. shanoff, Building Official; Paula Pachon, Management Analyst II, Community Sewices Department; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; and Debra J. Adams, City Clerk. Absent was Agencymember: Paul Biane B1. B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation proclaiming the Month of April as Motorcycle Awareness Month. Proclamation will be presented in May. B2. Presentation of Proclamation recognizing the week of March 30 thru Apdl 5, 1997 as Architecture Week in Rancho Cucamonga. Mayor Alexander presented the proclamation to Florence Holt. B3. Presentation of Proclamation declaring the Month of April as Fair Housing Month. Mayor Alexander presented the proclamation to Jess Torres of the Inland Mediation Board. B4. Mayor Alexander presented a proclamation to Rick and Heide Foss with 'Friends and Families of Murdered Victims" recognizing Apdl 13 to April 19, 1997, as National V'mtim's week. Heide Foss thanked the Council for their support and for helping them. Rick Foss also thanked the Council for their support and talked about their program. City Council Minutes April 2, 1997 Page 2 Mayor Alexander announced there would be a barbecue at the Chino Airport on Apdl 18 to raise money for this organization. B5. Jack Lam, City Manager, announced that item H2 should have the Resolution No. of 97-042 instead of 97-041 and that there are also corrected pages, 175 and 176, already distributed to the Council. B6. Jack Lam, City Manager, stated they would also like to add an item to the Consent Calendar to approve a Resolution endorsing the 'California 1st' Congrmmionel Leadership Summit organized by SCAG. MOTION: Moved by Williams, seconded by Curatalo to add Reeolufon No. 97-043. Motion carried unanimously 4-0-1 (Biane absent). This would be item D11 under the Consent Calendar. C. COMMUNICATIONS FROM THE PUBUC Cl. Millie Glennay, 6580 Eliwanda Avenue, felt the zoning and density issues in Rancho Cucamonge need to be looked at. She stated she has also talked to Jim Banks and that he agreed with her concerns. She stated they would I~e to know when the meetings will be held that the task force is involved in so they could attend and give their input. Mayor Alexander asked Brad Bullar, City Planner, to give to give background information on how a zone change occurs. Brad Buller, City Planner, stated there are various possibiliUes of timing and how a community can be involved in the review of the general plan or the zoning of a specific area. He stated there could be a public education forum in which the current zoning and the steps for amending the zoning could be explained. He stated depending on the feedback they receive, the Planning Department would decide at what Council meeting it should possibly come back at if necessary. He explained about the existing task force of Planning Commissioners and Councilmembers that are looking at the issue of mullJple family zoning within the City. Mayor Alexander felt it was important for the community to be educated at a neighborhood meeting so they are aware what is going on. Councilmember Gutierrez stated he and Mayor Alexander and two members of the Planning Commission have been working on the zoning issues and that they are about ready to present their information to the public. Mayor Alexander reiterated that Millie Glennay and her neighborhood group still need to sit down with the Planning Department to get the informalion they need. D, CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 3/12/97 and 3/19/97; and Payroll ending 3/6/97 for the total amount of $1,311,984.43. D2. Approval to receive and file current Investment Schedule as of February 28, 1997. D3. Approval of request form Marks Cablevision to waive City fees for the Rancho Rally (Mini Grand Prix Race) to be held on June 8, 1997. City Council Minutes April 2, 1997 Page 3 D4. Approval of Public Convenience or Necessity 96-04 - Texaco, a request for the issuance of an Alcohol Beverage Control License (Off-site Sate of Beer and Wine) for a m'mi-market within Texaco Gas Station, located at the northeast comer of Foothill Boulevard and Elm Avenue - APN: 1077-421-42. RESOLUTION NO. 97-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL MCENSE WITHIN A MINI-MARKET OF A SERVICE STATION, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ELM AVENUE - APN: 1077-421-42 D5. Approval of Public Convenience or Necessity 96-05 - Texaco, a request for the issuance of an Alcohol Beverage Control Ucense (Off-sita Sale of Beer and Wine) for a mini-markst within Texaco Gas Station, located at the southwest corner of Base Une Road and Milliken Avenue - APN: 1077-672-37. RESOLUTION NO. 97-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN A MINI-MARKET OF A SERVICE STATION, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE - APN: 1077-672-37 D6. Approval of Public Convenience or Necessity 97-01 - Zayer, a request for the issuance of an Alcohol Beverage Control License (Off-Sale General) for a liquor store, located at the southwest comer of Foothill Boulevard and Rochester Avenue - APN: 229-011-41. RESOLUTION NO. 97-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL UCENSE FOR A LIQUOR STORE LOCATED AT 11897 FOOTHILL BOULEVARD AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE - APN: 229-101-41 D7. Approval of City Co-sponsorship with Active Ride Shop of a Skate Park Concert on June 7, 1997. D8. Approval to participate in SANBAG's Joint Electrical Restructuring Committee in the amount of $1,000, to be paid out of Account Number 01-4245-8022. D9. Approval to authorize the submittal of an application to the California Integrated Waste Management Board for a 1996/97 Tire Recycling Grant. RESOLUTION NO. 97-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A 1996/97 TIRE RECYCLING GRANT City Council Minutes April 2, 1997 Page 4 D10. Approval to accept Improvements, Release the Faithful Performance Bond, accept a Maintenance Bond and ~e a Notice of Completion fro' Tract 14208, located on the north side of Base Une Road, west of Alte Cuesta Drive. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILUAI~. Release: Faithful Performance Bond Bond #38M88347700 Faithful Performance Bond Bond ttt3SM~D699300 $ 130,000.00 76,500.00 Accept:. Maintenance Guarantee Bond 20,400.00 RESOLUTION NO. 97-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 14208, LOCATED ON THE NORTH SIDE OF BASE UNE ROAD, WEST OF ALTA CUESTA DRIVE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D11. Approval of a Resolution endorsing the 'California 1st" Congressional Leadership Summit organized by SCAG. RESOLUTION NO. 97-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAMFORNIA, RECOGNIZING AND ENDORSING THE LEGISLATIVE LEADERSHIP SLJMMIT, "CALIFORNIA FIRS'r*, ORGANIZED BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT (SCAG), TO FOSTER UNITY IN THE SOUTHERN CAMFORNIA DELEGATION ON ISSUES AFFECTING THE REGION MOTION: Moved by Gutierrez, seconded by Williams to approve the Consent Calendar with the exception of item 10 and with the addition of item 11. Motion carried unanimously 4-0-1 (Biane). DISCUSSION OF ITEM D10: Approval to accept Improvements, Release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Tract 14208, located on the north side of Base Une Road, west of Alta Cuesta Drive. Councilmember Williams asked for an explanation on how money is collected from a developer to go toward the park in that area. Rick Gomez, Community Development Director, and Jack Lam, City Manager, explained this process. MOTION: Moved by Williams, seconded by Alexander to approve item D10. Motion carded unanimously 4-0-1 (Biane). E. CONSENT ORDINANCES E1 CONSID!=RATION OF AN ORDINANC!= AMENDING TH!= RANCHO CUCAMONGA MUNICIPAL COD!= BY ADDING A NEW CHAPTER 12.16 TO TITI F 12 PROVIDING FOR THI= REGU! ATION OF NEWSPAPER RACKS WITHIN THE PUBLIC RiGHT-OF-WAY City Council Minutes April 2, 1997 Page 5 Debra J. Adams, City Clerk, read the title of Ordinance No. 571. ORDINANCE NO. 571 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 12.16 TO TITLE 12 THEREOF AND PROVIDING FOR THE REGULATION OF NEWSPAPER RACKS WITHIN THE CITY MOTION: Moved by WIlliams, seconded by Curatalo to waive full reading and approve Ordinance No. 571. Motion carried unanimously 4-0-1 (Biane). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDM~:NT 96-02 - CITATION HOMFS - A request to amend the VIctoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 18 acres of land at the northeast comer of Milliken Avenue and V'mtoda Park Lane - APN: 227-011-17. Staff has prepared a Negative Declarelion of Environmental Impacts for consideration. Staff report presented by Steve Hayes, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 572. ORDINANCE NO. 572 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-02, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELMNG UNITS PER ACRE) FOR APPROXIMATELY 18 ACRES OF LAND AT THE NORTHEAST CORNER OF MILMKEN AVENUE AND VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-17 F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY pI ~ AMENDMENT 96-03 - CITATION HOMES - A request to amend the VIctoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling unils per acre) for approximately 12.4 acres of land south of Highland Avenue, east of Woodruff Place - APN: 227-011-26. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report presented by Steve Hayes, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 573. City Council Minutes April 2, 1997 Page 6 ORDINANCE NO. 573 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING-VICTORIA COMMUNITY PLAN AMENDMENT 96-03, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 12.4 ACRES OF LAND SOUTH OF HIGHLAND AVENUE, EAST OF WOODRUFF PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-26 MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance Nos. 572 and 573. Motion carried unanimously 4-0-1 (Biane absent). G. PUBLIC HEARINGS G1. CONSIDERATION OF AN APPEAL OF SIGN PFRMIT FOR UNIFORM SIGN PROGRAM NO. 119 - OILMAX - An appeal of the Planning Commission decision regarding signs for Oil Max, an approved project within the Foothill marketplace Shopping Center, located on the south side of Foob'dll Boulevard, east of Interstate 15 - APN: 229-031-37. Staff report presented by Steve Hayes, Associate Planner. Councilmember Gutierrez inquired how many businesses in the center have yellow on their signs. Steve Hayes, Associate Planner, stated there were three - Food 4 Less, a salon and In N' Out Burger. Councilmember Williams felt there needed to be consistency for everyone. Councilmember Gutierrez felt common sense needs to be used on the sign regulations and felt the City needs to open up and let the people do their business. Brad Buller, City Planner, stated the two issues are color and verbiage and that he agreed with what Councilmember Gutierrez was saying. Councilmember Gutierrez stated he felt the Planning Commission voted according to what is in writing per the laws, but that the Council can make exceptions if necessary. Mayor Alexander asked if Oilmax knew of the sign standards when they came in with their plans. Brad Buller, City Planner, stated yes they did know from the beginning what was required to get this project going. Mayor Alexander stated he did not want to set a precedent by changing this. Councilmember Curatalo talked about the tmfrm for that location and stated he would have to abstain because he would be prejudice against this project. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Hal Tucker, Oilmax, commented on all of the businesses in the center that have yellow which he stated was more than only 3. He stated the problem the Council has is inconsistency. Ci~ Council Minutss April 2, 1997 Page 7 Mr. Tucker stated they liked being in Rancho Cucamonga and wanted to serve the community. He commented on a letter sent to Rick Gomez from their attorney dated February 25. He added all they wanted to do is to be able to use their name to advertise their business. He stated he felt they were justified in asking for their appeal. Councilmember Williams asked if they could put '10 minute oil change,' would they promise never to put banners up. Mr. Tucker stated the image of oil max is very important and that they try to maintain this. James Markman, City Attorney, felt Oilmax was wrong for asking the Council to allow them to do this. There being no further response, the public hearing was closed. Councilmember Gutierrez stated he is tired of people pretending they are pro business. He stated even if the City votes this down tonight, they need to take measures to be more flexible with sign regulations. He stated he felt the '10 minute lube' would come within the regulations for sizes of signs. Mayor Alexander stated he felt the Planning Commission was right, but did question the color issue because he felt it was part of their logo. Councilmember Williams stated she is concerned about all of the traffic at this location. She felt they should be going with yellow and *oilmax.' Councilmember Gutierrez stated he felt he would have a successful business no mater what, but that he felt the whole signage issue should be looked at through the City Council subcommittee. Mr. Tucker stated he would go with a red sign if they could have the ~Oilmax 10 minute oilchange'. RESOLUTION NO. 97-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A PROPOSED SIGN PERMIT FOR UNIFORM SIGN PROGRAM NO. 119, REGARDING SIGNS FOR OIL MAX, AN APPROVED PROJECT WITHIN THE FOOTHILL MARKETPLACE SHOPPING CENTER, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF INTERSTATE 15, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229- 031-37 MOTION: Moved by Gutierrez, seconded by Williams to approve Resolution No. 97-041, but reversing the Planning Commission's decision. on the color to yellow. Motion carried 3-0-1-1. (Biane absent, Curatalo abstained). H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION TO SUPPORT THE CHAMBER'S OPPOSITION TO AB15 Staff reported presented by Diane O'Neal, Management Analyst II. Ede Swistock, Chamber of Commerce President, asked for the Council to support this matter and that he would be happy to answer any questions on this. City Council Minutes April 2, 1997 Page 8 MOTION: Moved by Williams, seconded by Gutierrez to support the Chamber of Commerce's recommendation. Motion carried unanimously 4-O-1 (Biane). H2. CONSIDERATION OF RESOLUTION CALLING FOR ASSESSMENT PROTEST PROCESS Staff report presented by Rick Gomez, Community Development Director. He added there is a Resolution of support from the Chamber for this process also. He pointed out that Chuck Buquet and Bob Dutton were present to promote a grass roots effort for this election. Mayor Alexander asked if the confidentiality problem had been addressed. Rick Gomez stated by having the ballot separated from the envelope the staff can register that it has been returned and keep track of that in case there might be a lost balloL He stated by separating it when it comes in and storing it in a secure environment, staff could insure the privacy. Mayor Alexander stated this wes a concam and understandably so. James Markman stated he would like to make sure these ballots are not subject to the public records act and would liftgate this if he had to. He stated with the wey we are doing this by separsting the ballot from the envelope no one can put together the name with the way they voted. He stated what would concern him is if someone came in and wented to see ~ ballots and start counting them. He stated he would take the posllion that the disclosure of the informalion is more damaging than the benefit to the public that would be generated by the disclosure of the documents, and would I'~Jgate this if it happened. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Bob Dutton talked about the yellow flier he had and what they are and will be doing to promote this. He stated they hoped to have about 80,000 volunteers. He stated he would like to have a list of those people that want to see the ballots because he felt they are the ones against the parks. He felt they needed to be talked to. Ede Swistock stated the Chamber adopted Resolution 970312-2 supporting this which he read into the record and is on file in the City Clerk's office. He added they felt the parks are a real asset to the City and supported the continuation of funding PD-85. RESOLUTION NO. 97-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT PD-85R FOR THE FISCAL YEAR 1997/98 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; APPROVING AN ENGINEERING REPORT IN RELATION THERETO; APPROVING BALLOT MATERIALS RELATED TO THE OPERATION AND MAINTENANCE PORTION OF SAID ASSESSMENT; AND OFFERING A TIME AND PLACE FOR HEARING AND CANVASSING OBJECTIONS THERETO MOTION: Moved by Williams, seconded by Gutierrez to approve Resolution No. 97-042. Motion carried 4-O-1 (Biane). City Council Minutes April 2, 1997 Page 9 I. COUNCIL BUSINFSS I1. CONSIDERATION OF SLOGAN FOR RANCHO CUCAMONGA (Oral Report) Councilmember Curatalo felt the citizens have coined the phrase '1 Love Rancho Cucamonga.' He felt this should be adopted as the official slogan. Mayor Alexander stated before they adopted a slogan, he would like to hear what the community has to say. Councilmember Curatalo asked for the Council to adopt '1 Love Rancho Cucamonga' as the slogan. Councilmember Williams stated she did not really feel the City needed a slogan and that she likes 'City W'~ a Plan" and 'World Class Community'. She felt if they were to adopt a slogan, they should go out in the community and get their input. Councilmember Gutierrez felt this should not be voted on until Councilmember Biane got back. MOTION: Moved by Curatalo, seconded by Gutierrez to adopt ~1 Love Rancho Cucamonga' as the City's slogan. Motion failed 2-2-1 (Alexander, Williams voted no -Biane absent) J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Counciimember Williams stated she would like a report to come back in the near future on a conservation park at Alta Cuesta and Base Une. J2. Councilmember Gutierrez felt the Millie Glenhey issue should be on the next agenda so that they could at least get an update what the subcommittee is doing. K. COMMUNICATIONS FROM THE PUBLIC K1. Toni Rhodes, 10151 Arrow Route, stated they will be going before the Human Services Committee regarding AB 244. She stated she would like for the Council to discuss this and provide support for this bill. She stated they would be testifying on April 15 in Sacramento. Jack Lam, City Manager, stated the City can send a letter from the Mayor supporting this. Toni Rhodes stated it would then go to the appropriations committee if approved by the Human Services Committee. L, ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn to executive session to discuss: (A) PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; VALLEY BASEBALL AND JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTIES; REGARDING TERMS OF PAYMENT; AND City Council Minutes April 2, 1997 Page 10 (B) LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. Motion carried unanimously 4-0-1 (Biane). The meeting adjourned at 9:35 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: April 17, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reaular Meetina A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Thursday, April 17, 1997, in the Council Chambers of the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:12 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jerry B. Fulwood, Deputy City Manager; Andy Arczynski, Deputy City Attorney; Bred Buller, City Planner; Brent Le Count, Associate Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer;, Mike Olivier, Sr. Civil Engineer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTSIPRI=SENTATIONS B1. Presentation of Proclamation declaring the week of April 13-19 as National Ubrary Week in Rancho Cucamonga, recognizing the fact that 'Kids Connect ~} the Ubrary." Mayor Alexander presented the proclamation to Robert Howdyshell. Mr. Howdyshell thanked the Council, staff and the community for all of the support everyone has shown. B2. Presentation recognizing the outstanding contributions of Bill Anthony, John Mannerino, Dusty Taylor and Dixie Langdon in planning, organizing and participating in the broadcast of the highly successful Ubrary Telethon, Kids Connect ~ the Ubrary. Mayor Alexander presented certilicates to those listed above and the addition of Joe Lyons. He also recognized Jackie Diaz for winning the singing contest at the telethon. Mayor Alexander gave a special thanks to Councilmember Williams for her continuous hard work relating to the library and the telethon. Councilmember Williams mentioned that the idea of the telethon was John Mannerino's and that he was the spark behind it. B3. Mayor Alexander announced that today was Jan Sutton's, Deputy City Clerk, last day because she was moving to Arizona. He stated the City would definitely miss her. City Council Minutes April 17, 1997 Page 2 C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CA! !=NDAR D1. Approval of Warrants, Register Nos. 3/26/97 and 4/2/97 and Payroll ending 3/30/97 for the total amount of $2,444,568.87. D2. Approval to receive and file current Investment Schedule as of Maroh 31, 1997. D3. Alcoholic Beverage Application for On-Sits Sales of Beer and Wine for Los Hermanos Cafe, Irene and Perry ~wes, 7201 Archibald Ave., Suite 11. D4. Alcoholic Beverage Application for On-Sale General for Kens Japanese Restaurant, 10006 Foothill Blvd. D5. Approval of Application to County of San Bernardino, Department of Aging and Adult Services for a supportive se~ices and services to the frail older parson grant. RESOLUTION NO. 97-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATION TO THE SAN BERNARDINO COUNTY, DEPARTMENT OF AGING AND ADULT SERVICES FOR A 1997/98 SUPPORTIVE SERVICES/SERVICES TO THE FRAIL PROPOSAL GRANT D6. Authorizal~on to purchase one (1) Intemational Navistar Dump Truck Model 4700 from Dieterich International per City of Rancho Cucamonga RFP 9697001. Amount of purchase not to exceed $52,626.03, from fund 72-4225-7045 fiscal year 1996/97 apprepdation. Vehicle replaces asset ~0798 (unit 63,2). D7. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Conditional Use Permit 95-20, located at the southwest comer of Arrow Route and Red Oak Avenue, submitted by Katelarius. RESOLUTION NO. 97-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAJ. USE PERMIT 95-20, KATELARIUS RESOLUTION NO. 97-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR CONDITIONAL USE PERMIT 95-20, KATELARIUS City Council Minu~es April ~ 7, 1~97 Page 3 DS. Approval to execute Improvement AQreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Ughting Maintenance District Nos. 1 and 6 for MDR 96- 06, located on the south side of Base Une Road, west of Carnelian Avenue, submitted by Bandy/Shyer RESOLUTION NO. 97-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR MDR 96-06 RESOLUTION NO. 97-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 96-06 D9. Approval and execution of Amendment to Coopera~e Agreement, State Agreement No. 8-786, between the City of Rancho Cucamonga and the State of California, for the design and construction of traffic control signals, safety lighting and roadwork on Route 66 at Baker Avenue. RESOLUTION NO. 97-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAMFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF AMENDMENT TO COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-786, FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS, SAFETY LIGHTING AND ROADWORK ON ROUTE 66 AT BAKER STREET D10. Approval to execute Improvement Agreement Extension, accept irrevocable standby letters of credit issued by United National Bank and release irrevocable standby letters of credit issued by United World Chinese Commercial Bank for Tract 13759, located on the west side of Haven Avenue, north of the Southern Pacific Railread, submitted by Fu Mai Umited Partnership. RESOLUTION NO. 97-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND ACCEPT IRREVOCABLE STANDBY LETTERS OF CREDIT ISSUED BY UNITED NATIONAL BANK AND RELEASE IRREVOCABLE STANDBY LETTERS OF CREDIT ISSUED BY UNITED WORLD CHINESE COMMERCIAL BANK FOR TRACT 13759 D11. Approval to accel~ Contract No. CO 96-037, the roof replacement for Civic Center and Police Station Project, located at 10500 Civic Center Drive, funded from Account 17-5100, approve the final contract amount of $204,376.00, and authorize the City Engineer to file a *Notice of Completion." RESOLUTION NO. 97-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBUC IMPROVEMENTS FOR THE CIVIC CENTER AND POLICE STATION, CONTRACT NO. CO 96-037, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 17, 1997 Page 4 D12. Approval of Preliminary Engineers Report and Set'dng of the Public Hearing for May 21, 1997, to lew the annual assessments for fiscal year 1997/98 and approve the Preliminary Engineer'e Report for Street Ughling Maintenance Districts Nos. 1,2, 3, 4, 5, 6, 7 end 8. RESOLUTION NO. 97-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORTS FOR STREET UGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 RESOLUTION NO. 97-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET UGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 1997/98 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE OF HEARliNG OBJECTIONS THERETO D13. Approval of Preliminary Engineer's Report and Setting of the Public Hearing for May 21, 1997, to levy the Annual Assessments for F~cal Year 1997/98 and approve the Preliminary Engineer's Report for Landscape Maintenance Districts Nos. 1,2, 3A, 3B, 4, 5, 6, 7 and 8. RESOLUTION NO. 97-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PREUMINARY APPROVAL OF CITY ENGINEER~ ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICTS NOS. 1,2, 3A, 3B, 4, 5,6, 7AND8 RESOLUTION NO. 97-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 1997/98 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE OF HEARING OBJECTIONS THERETO MOTION: moved by Curatalo, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMFNT 96-02 - CITATION HOMES - A request to amend the Victoria Community Plan Development District designalion from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 18 acres of land at the northeast comer of Milliken Avenue and Victoria Park Lane- APN: 227-011-17. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. City Council Minutes April 17, 1997 Page 5 Debra J. Adams, City Clerk, read the title of Ordinance No. 572. ORDINANCE NO. 572 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-02, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DVVELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELUNG UNITS PER ACRE) FOR APPROXIMATELY 18 ACRES OF LAND AT THE NORTHEAST CORNER OF MILLIKEN AVENUE AND VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-17 E2. CONSIDERATION OF ENVIRONMENTAl ASSf=SSM!=NT AND VICTORIA COMMUNITY pI AN AMENDMFNT 96-03 - CITATION HOMFS - A request to amend the VIctoria Community Plan Development District designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 12.4 acres of land south of Highland Avenue, east of Woodruff Place - APN: 227-011-26. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 573. ORDINANCE NO. 573 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 96-03, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN DEVELOPMENT DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELMNG UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELMNG UNITS PER ACRE) FOR APPROXIMATELY 12.4 ACRES OF LAND SOUTH OF HIGHLAND AVENUE, EAST OF WOODRUFF PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-011-26 MOTION: Moved by Cumtalo, seconded by Williams to waive full reading and approve Ordinance Nos. 572 and 573. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF INDUSTRIAL ARF~, SPECIFIC PLAN AMENDMFNT 97-01 - MILLER FAMILY AND ASSOCIATES - A request to add Funeral and Crematory Services as a conditionally permitted use in Subarea 8 (General Industrial) of the Industrial Area Specific Plan. Staff report presented by Brent Le Count, Associate Planner. Councilmember Curatalo inquired where the crematory would be located in relalJon to the Cowboy Burger. Brant LeCount, Associate Planner, stated it would be right next door. Councilmember Gutierrez asked which area already would allow this type of use. Brent LeCount, Associate Planner, stated subarea 6 and 4. Mayor Alexander asked for a show of hands of those opposed to the project. City Council Minutes April 17, 1997 Page 6 Those attending and opposing the project stood. Mayor Alexander opened the meeting for public headng. Addressing the City Council were: Jim Doltar, Advanced Coating, has a business near the crematory ~.e. He felt this project was ludicrous and felt everyone's opinions were ignored at the Planning Commission meeting. He stated he has problems with the Miller Farmly'$ credibility. He stated he has a question who the Miller Family and 'A~i~e~ are. He read a list of ~ that do not have crematorlums. He felt if there has to be a crematorium in Rancho Cucamonga it should be at another site or in another City. A resident (did not give name), stated he did not like the location of the crematodum and felt there would be an odor from iL He commented on the Cowboy Burgers owner being upset with the idea of this project. He stated he did not like the idea of this project either. Stephanie Burke, representing the owners of Arrow Business Center, stated they are pleading for the Council not to approve this project. Tony Conn, Univemal Foods, stated they could have put their business in any City, but chose Rancho Cucamonga. He stated they did not like the idea of the crematory in this City. Rich Fletcher of Arrow Business Owners Association, reported that this had been on the Channel 9 news because this was so ridiculous. He stated they do not want a zone change. He stated there would be a lot of funeral vehicles on the City streets because of the crematorium. He added there will be a smell and smoke into the atmosphere. He continued to give more information about the ovens they use to in their process. He read a letter into the record which is on file in the City Clerk's office. Linda Trujillo of Rancho Cucamonga, stated she has worked on the State Cremetory Board which is part of the Department of Consumer Affairs. She talked about other crematoriums and problems associated w~h it. She stated she was concerned about how the crematorium would be run. She felt there were a lot of issues that need to be considered and asked that this project not be allowed in Rancho Cucamonga. Charlotte Hayes, Ramona Avenue, stated they oppose the zone change and the crematodum and mortuary. She stated they are concerned for the heal~, traffic and odors this would create. She did not think they needed this project in Rancho Cucamonga. She stated they will remember who votes for this at election time. Henry Reiter stated he did not see how a mortuary would fit in this area and that he was against the project. Jorge Garcia, resident of the City, stated he disagreed with the staff report and asked for the Council to approve this project. ' ' Lowell Gomas, property manager for Arrow Business Owners Association, stated he wishes the City would stick with their plan. He hoped that this project would not be approved. He also added there would be emissions from the crematorium. Greg Herson, Paramount Machine Co. near the Cowboy Burger, stated he is representing his employees who are opposed to the crematorium because of the smell and just the thought of it. He asked that it be put in writing that there would be no smell. Chris Miller of the Miller Family, stated they have decided to have this crematorlum in Rancho Cucamonga because it is the largest City in San Bernardino County that does not have these types of services. City Council Minutes Apdl 17, 1997 Page 7 Gary, an associate of the Miller Family business had pictures of other crematories in other cities. He stated he felt they could provide a service that Rancho Cucamonga needs. Don Ridgeway, manufacturer of what they are l~jing to put in Rancho Cucamonga, continued to report on the capacity of the equipment. He responded to a question from the audience regarding the smell and stated if the ovens were turned off dudng a cremation that there would be an odor. Gary Bancrest, SCAQMD, stated he is not opposing or supporting this project. He continued to talk about the process to get the approval from his organization so they could go ahead with this project. He stated he could not guarantee that there won't be any smoke or odor coming out of the facillity, but that if there is a problem his company should be notified to check it out Mark Hufner talked about other ciliss that could be considered for this business. He talked about how the City was zoned from north of Foothill to south of Jersey. He stated they feel the site is appropriate and appropriate for subarea 8. He asked that the Council approve this project Jim Barton stated he is s~11 a landowner in the area. He continued to talk about the progress of the City and felt the Council needed to look beyond the planning and what the ultimate project will look like. He stated there were other businesses in the area that have to have their smoke stacks checked by AQMD and that this was a fear for some people. He stated he supported this project because there is a need for it. He felt this was the right use for this area. Mr. Doitar stated his question is still why isn~ there a crematorium in Corena. Rob Cuzzell, 10783 Edison Court, stated he had called around to see which cities allowed crematoriums and could not find one. He felt everyone was against this except for a few people. He felt the Council should listen to the people. Richard McMillen, representing Mr. Cadaleris, owner of the Cowboy Burger, didn~ feel a zone change should take place unless there is a good reason to do it. Lucy Reese asked why so many people are so opposed to this project in Rancho Cucamonga. She stated she has listened to all of the information and asked what was the real issue. She asked why is everyone so opposed to a service that is so needed. Joe Enzeotto felt everyone needed to concentrate on the zoning instead of the other issues. He asked the Council to take this seriously because it is very important to everyone. Charlotte Hayes asked why can't this be put in another City. She stated she did not feel the zone change would go along with the other uses in the City. Karen D:_~___do, Arrow Business Condominims, stated she would be happy to go somewhere else for these types of services, but that she bought her business knowing a crematory would not in Rancho Cucamonga. There being no further comments, the public hearing was closed. Mayor Alexander stated his decision would be made whether popular or not. He stated the City does not have a cemetary, but that it does have a plan. He stated he does not agree with the Planning Commission and did not feel this fadlity should be located where it is being proposed. He did not feel it was fair to other businesses to have this facility near them when they are opposed to it and especially when they were not aware when they bought their business that this would be near them. He felt this should go to a more appropriate area but did not feel this was the location it should be in. He felt the business was needed, but not at this location. City Council Minutes April 17, 1997 Page 8 Councilmember Gutierrez stated he felt there i a need and wanted the Millers to do business with the City. He stated he is concemed about Mr. Cadaleris because he has started building his business and now finds this type of business is being proposed near him. He did not agree with this, but pointed out that the Council is t~ing to be fair and that everyone would not be happy. Councilmember Williams stated she felt the Miller family has mislead everyone with thi project. She stated she did not see any reason to give them false hope and that there ware other areas in the City they can have their buisnass inslead of this location. She felt the people kn~w what kind of surrounding businessas will hurt their own businesses. She felt this use at th/~ was unacceptable. Councilmember Cui-a'~aio / he ag~ ~ ~ ~ that Rancho Cucemonga does need a mortuary and hoped something could be worked out for the Miller Family to come to Rancho Cucemonga. He felt not all of the questions have been answered. He stated he would not support the request to change the zoning. Councilmember Biana thanked everyone who came out for this. He stated he is surprised with the Planning Commission's decision approving this project. He stated he does not make decisions on whether he will get re-elected or not, that he listens to the facts. He stated he would vote to deny the applicant's request. Debra J. Adams, City Clerk, read the title of Ordinance No. 574 ORDINANCE NO. 574 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-01, TO ADD FUNERAL AND CREMATORY SERVICES AS A CONDITIOI~e~..LY PERMITTED USE IN SUBAREA 8, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Bane, seconded by Williams to deny the applicant's request. Motion carried unanimously 5-0. A recess was taken at 9:55 p.m. The meeting was called back to order at 10:14 p.m. with all Councilmembers present. F2. CONSID!=RATION OF DEVELOPMFNT CODF AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. CONSIDFRATION OF INDUSTRIAL ARFA SP!=ClFIC pI AN AMFNDMFNT 96-04 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations in all industrial zones to be consistent with Federal Communications Commission recent regulations. CONSIDERATION OF SUBAREA 18 SPECIFIC PLAN AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA-A request to amend the radio and television antenna regulations to be consistent with Federal Communications Commission recent regulations. Staff report presented by Brad Buller, City Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes April 17, 1997 Page 9 Debra J. Adams, City Clerk, read the He of Ordinance No. 575. ORDINANCE NO. 575 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE; PART III, SECTION IV.A.5 OF THE INDUSTRIAL AREA SPECIFIC PLAN; AND SECTION 5.4 (PAGES 5-30) OF THE SUBAREA 18 SPECIFIC PLAN, PERTAINING TO THE REGULATION OF RADIO AND TELEVISION ANTENNAS, INCLUDING SATELLITE DISH ANTENNAS MOTION: Moved No. 575 for May by Williams, seconded by Gutien'ez to waive full reading and set second reading of Ordinance 7, 1997. Motion carried unanimously 5-0. F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AM!=NDMFNT 97-01 - CITY OF RANCHO CUCAMONGA - A request to change the zoning from Low Residential (2-4 dwelling units per acre) to General Commercial to be consistent with the General Plan for approximately 4.34 acres of land on the east side of Archibald Avenue, south of Arrow Route - APN: 209-041- 27, 41, and 47. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Staff report by Tom Grahn, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 576. ORDINANCE NO. 576 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 97-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM LOW RESIDENTIAL TO GENERAL COIVlMERCIAL FOR 4.34 ACRES OF LAND, LOCATED ON THE EAST SIDE OF ARCHIBALD AVENUE, SOUTH OF ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209- 041-27, 41, AND 47 MOTION: Moved by Gutierrez, seconded by Williams to waive full reading and set second reading of Ordinance No. 576 for May 7, 1997. Motion carried 4-0-0-1 (Biane abstained). Councilmember Biane stated he was abstaining because of a real estate deal he was involved in which was a conflict with this item. F4. CONSIDERATION OF SIGN ORDINANCE AMENDMENT 97-01 - TEXACO - A request to amend the Sign Ordinance by adding regulations to allow the identification of subtenants within service stations. Staff report by Brad Buller, City Planner. Councilmember Williams asked why did we have a sign ordinance when we go ahead and let people do things that do not comply with it. City Council Minutes April 17, 1997 Page 10 Brad Buller, City Planner, stated there are violations in the City and that the Planning Commission is equally concerned. Councilmember Gulierrez ~a~l he and Mayor Alexander and two of the Planning Commissioners are Iooldng at these types of violations in the task force meelings. He stated the Code Enforcement Division is proposed to be increased in next year's budget which he felt should be made a priority because of the number of code violations in the City. Bill Makshanoff, Building Official, stated even if the add*talon of Code Enforcement Oftmere is approved, the Council's concerns need to be prioritized for staff to follow through. Mayor Alexander stated he agreed. Debra J. Adams, City Clerk, read the title of Ordinance No. 577. ORDINANCE NO. 577 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT I)7- 01, AMENDING TITLE 14 OF THE MUNICIPAL CODE BY ADDING NEW REGULATIONS FOR SUBTENANT SIGNS WITHIN THE SERVICE STATION CLASSIFICATION MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 577 for May 7, 1997. Motion carried unanimously 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF S!=COND PUBLIC HEARING FOR ASSI=SSMENT DISTRICT 93-01 AT THE SOUTHWI=ST CORNER OF' FOOTHILL BOU! I=VARD AND ROCH!=STER AV!=NU!:: (MASl DEVELOPMENT3 Staff report by Mike Olivier, Sr. Civil Engineer. John Friedrick, Assessment Engineer, addressed the Council and stated there are some changes to the Engineer's report which were identified in bold. He added there are 27 lots and that 26 are owned by Masl which did vote yes. He stated that makes it 96.9% yes votes to approve this. Mayor Alexander opened the meeling for public hearing. There being no response, the public headng was closed. RESOLUTION NO. 97-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAMFORNIA, DECLARING THE RESULTS OF THE BALLOT TABULATION, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF B4PROVEMENT$, TOGETHER WITH APPURTENANCES, AND APPROVING THE ASSESSMENT ENGINEER'S REPORT MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 97-056. Motion carried unanimously 5-0. City Council Minutes April 17, 1997 Page 11 H. CITY MANAGER'S STAFF REPORTS H1. UPDATF FROM ROUTF 30 AD HOC TASK FORCE Staff report by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public input. Addressing the City Council was: Jane Bradshaw, Task Force Member, stated at the last meeting held on April 8, and that only 5 out of 16 task force members were present. She felt the poor turn out was due to the irresponsible way in which the members were notified of the unscheduled meeting. She pointed out she did not receive notification about it until April 7, 1997. She stated there were still such outstanding issues to be discussed such as lighting, sound continuation, West Beryl Park parking, landscaping and wanted to add the possibility of triple trailer trucks that could be driving through the City. She also mentioned there would need to be updates on funding and ground breaking. Councilmember Biane asked if there was anything new on the landscaping. Joe O'Neil, City Engineer, stated they are still working on a report for this matter. ACTION: Report received and filed. No items submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Gil Rodriguez stated he has been involved in a CUP process for about I ½ years and also the development review process. He advised the Council that his project is at Vineyard and Foothill. He stated because this process is taking so long he is running out of energy. He continued to give more details as to the delay of getting his project approved. Mayor Alexander asked him if he would like this on the next Council agenda. Mr. Rodriguez stated he goes before the Planning Commission next Wednesday and that he will be submitling information to them, so he would wait to see what the outcome was of that meeting before he decided to bring it back to the Council. Mayor Alexander concurred. City Council Minutes April 17, 1997 Page 12 L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to execulNe session to discu~ property negotiations per Govemment Code Section 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fuiwood, Deputy City Manager, negol]aling periled; regarding terms of payment. Motion carried unanimously 5-0. The meeting adjourned at 11:00 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: May 7, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reoular Meetino A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Thursday, May 7, 1997, in the Council Chambers of the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:04 p.m. by Mayor William J. Alexander. Present ware Coundlmembers: Paul Biane, James Curatalo, Rex Gutierrez, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Ralph Hanson, Deputy City Attorney; Jerry Fulwood, Deputy City Manager;, Rick Gomez, Community Development Direc'tor; Jeff Bamss, Parks/LS Maintenance Superintendent; Dale Catron, Facilities Supervisor; Bob Zetterberg, Integrated Waste Coordinator; Brad Buller, City Planner; Cindy Norris, Associate Planner;, Bill Makshanoff, Building Official; Suzanne Ota, Community Services Manager; Deborah Clark, Ubrary Manager; Diane O'Neal, Management Analyst II; Jenny Haruyama, Management Analyst I; Lieutenant Joe Henry, Rancho Cucamonga Police; and Debra J. Adams, City Clerk. Absent was: Councilmember Diane Williams B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation declaring the month of May as Motorcycle Awareness Month. Mayor Alexander presented the Proclamation to Craig Denbow. B2. Presentation of Proclamation declaring the month of May as Toddler Immunization Month. Mayor Alexander presented the proclamation to Abigal Ryan. B3. Presentation of Proclamation declaring the week of May 18-24 as National Public Works Week. Mayor Alexander presented the Proclamation to Dale Catron and Jeff Barnes. B4. Presentation of Proclamation and certificates recognizing the Rancho Cucamonga All-Stars as the Southern California Municipal Athletic Federation's Basketball Champions for the Boys 14-15 year-old age group. Mayor Alexander presented the Proclamation and certificates to the coaches and team members. B5. Presentation of Proclamation declaring the week of May 12-19 as Business Appreciation Week. Mayor Alexander presented the Proclamation to Bill Holley, Chamber of Commerce. City Council Minutes May 7, 1997 Page 2 B6. Presentation of Proclamation recognizing Miss Angela Idda as First Place Winner of the Waste Prevention Essay contest. Mayor Alexander presented the Proclamation to Angela Idda. B7. Presentalion of Proclamation recognizing Mrs. Dawn Granger of Cucamonga Middle School as Waste Prevention Essay contest Overall Winning Teacher. Mayor Alexander presented the Proclamation to Mrs. Dawn Granger of Cucamonga Middle School. B8. Mayor Alexander presented a Proclamation to Florence Calcota recognizing the month of May as Mental Health Month. B9. Mayor Alexander presented cerli~cates of recognition of the youth musical talent winners at the Ubrary Telethon to Justin Jiles, Michelle Foote, Amy Cross and Jackie Diaz. C. COMMUNICATIONS FROM THE PUBLIC Cl. Bob Lundy, Rancho Cucamonga Visitors Bureau, talked about National Tourism Week and stated this is National Tourism Day. Councilmember Gutierrez thanked Mr. Lundy for his efforts in this movement. D. CONSENT CALENDAR D1. Approval of Minutes: February 20, 1997 February 27, 1997 March 4, 1997 March 5, 1997 D2. Approval of Warrants, Register Nos. 4/9/97 and 4/16/97; and Payroll ending 4/03/97 for the total amount of $1,505,064.86. D3. Alcoholic Beverage Application for Off-Sale Beer and Wine for J. Filippi Vintage Co. D4. Alcoholic Beverage Application for On-Sale Beer and Wine for Route 66 Cafe, Ivan Ledford Raynard, III, 9134 Foothill Blvd. D5. Approval to authorize the advertisement of the Notice Inviting Bids for the Uons West Community Center Improvement Project to be funded from the Community Development Block Grant program and the Project's resewes in the 1997/98 Fiscal Year Budget. RESOLUTION NO. 97-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LIONS WEST COMMUNITY CENTER IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE crrY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes May 7, 1997 Page 3 D6. Approval of City Co-Sponsorship of the Inland Valley Daily Bulletin All-Star Game on June 9, 1997. D7. Approval to Purchase two specially equippod utility patrol vehicles (not to exceed $60,000) for the Citizen Patrol Unit from Police Department 'Contract Services' funds. D8. Approval of award of Contract and Authorization of Execution of Contract (CO 97-022) to A-VIDD Co. for the Council Chambers V'~leo Production System. D9. Award and Authorization for Execution of the Contract (CO 97-023) for the Base Une Road Parkway Improvement Project, located between Deer Creek Channel and Milliken Avenue, to Madpose Horticultural Enterprises, Incorporated, in the amount of $81,197.00 ($73,815.50, plus 10% contingency) to be funded from Beautification Funds, Account No. 21-4647-9614. D10. Release of a Real Property Improvement Contract and Uen AQreements for DR 84-49 located at 10900 East Fourth Street, submitted by General Dynamics Corporation. RESOLUTION NO. 97-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENTS FROM GENERAL DYNAMICS CORPORATION, POMONA DIVISION, FOR DEVELOPMENT REVIEW 84-49 Motion: Moved by Curatalo, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously 4-0-1 (Williams). E. CONSENT ORDINANCES El. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 96-02 - CITY OF RANCHO CUCAMONGA - A request to add regulations prohibiting commercial parties within all residential zones and property used for residential purposes. Debra J. Adams, City Clerk, read the ~e of Ordinance No. 569. ORDINANCE NO. 569 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW SECTION, 17.02.600, TO THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING COMMERCIAL PARTIES IN RESIDENTIAL ZONES AND UPON PROPERTY UTIUZED FOR RESIDENTIAL USES (NONCONFORMING USE) E2. CONSIDERATION OF DEVELOPMENT CODF AMENDMFNT 96-04 - CITY OF RANCHO CUCAMONGA- A request to enact regulations for wireless communication facili~es (i.e., cellular transmission) in conformance with Federal Communications Commission regulations. Debra J. Adams, City Clerk, read the title of Ordinance No. 570. City Council Minutes May 7, 1997 Page 4 ORDINANCE NO. 570 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER, 17.26 THERETO, AND ESTABLISHING REGULATIONS APPUCABLE TO WIRELESS COMMUNICATIONS FACILITIES E3. CONSIDFRATION OF AN ORDINANC!= AMFNDING THE RANCHO CUCAMONGA MUNICIPAL CODF BY ADDING A NFW CHAPTF,~R 19.16 TQ TITJ F 12 PROVIDING FOR THF RFGU! ATION OF NFWSPAPFR RACKS WITHIN TH!= PUBLIC RIGHT-OF-WAY Debra J. Adams, City Clerk, read the title of Ordinance No. 571. ORDINANCE NO. 571 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 12.16 TO TITLE 12 THEREOF AND PROVIDING FOR THE REGULATION OF NEWSPAPER RACKS WITHIN THE CITY E4. CONSIDERATION OF DEVELOPMEN~' CODF AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. CONSIDERATION OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA - A request to amend the radio and television antenna regulations in all industrial zones to be consistent with Federal Communications Commission recent regulations. CONSIDERATION OF SUBARFA 18 SPE(;::IFIC PLAN AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA- A request to amend the radio and television antenna regulations to be consistent with Federal Communications Commission recent regulations. Debra J. Adams, City Clerk, read the title of Ordinance No. 575. ORDINANCE NO. 575 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE; PART III, SECTION IVJ~.5 OF THE INDUSTRIAL AREA SPECIFIC. PLAN; AND SECTION 5.4 (PAGES 5-30) OF THE SUBAREA 18 SPECIFIC PLAN, PERTAINING TO THE REGULATION OF RADIO AND TELEVISION ANTENNAS, INCLUDING SATELLITE DISH ANTENNAS E5. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVFLOPMENT DISTRICT AMFNDMFNT 97-01 - CITY OF RANCHO CUCv/a~VlON(~A - A request to change the zoning from Low Residential (2-4 dwelling units per acre) to General'Commercial to be consistent with the General Plan for approximately 4.34 acres of land on the east side of Archibald Avenue, south of Arrow Route - APN: 209-041- 27, 41, and 47. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 576. City Council Minutes May 7, 1997 Page 5 ORDINANCE NO. 576 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 97-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP FROM LOW RESIDENTIAL TO GENERAL COMMERCIAL FOR 4.34 ACRES OF LAND, LOCATED ON THE EAST SIDE OF ARCHIBALD AVENUE, SOUTH OF ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209- 041-27, 41, AND 47 E6. CONSIDERATION OF SIGN ORDINANCE AMENDMENT 97-0! - TEXACO - A request to amend the Sign Ordinance by adding regula§ons to allow the identification of subtenants within sen~ica stations. Debra J. Adams, City Clerk, read the title of Ordinance No. 577. ORDINANCE NO. 577 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97- 01, AMENDING TITLE 14 OF THE MUNICIPAL CODE BY ADDING NEW REGULATIONS FOR SUBTENANT SIGNS WITHIN THE SERVICE STATION CLASSIFICATION Councilmember Biane stated he would abstain from voting on Ordinance No. 576. MOTION: moved by Gutierrez, seconded by Curatalo to waive full reading and approve Ordinance Nos. 569, 570, 571,575, 576, and 577 with the exception of the abstention as noted above. Motion carried unanimously 4-0-1 (Williams). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF THE FINAL DRAFT CONSOLIDATED ANNUAL ACTION P! AN AND BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 1997-98 - The review of the Federally required Annual Action Plan for fiscal year 1997-98, including the final selection of projects for the Community Development Block Grant annual application, based on an estimated new fund allocation of $984,000 and prior year programmed funds of $47,090. Staff report by Cindy Norris, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Biane thanked Ms. Norris and the staff for the process they have gone through to accomplish this final report. Councilmember Curatalo concurred. MOTION: Moved by Curatalo, seconded by Biane to approve the final dratt consolidated annual action plan and block grant funding allocations for fiscal year 1997/97. Motion carried unanimously 4-0-1 (Williams). City Council Minutes May 7, 1997 Page 6 No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAG.;R'S STAFF RtrPORTS H1. APPROVAL TO ACQUIRF A V!=HICLF TO SFRV;: AS A COMBINATION MOBIl; 'SUBSTATION/C~ POST' TO B!= UTI! !7r:F] BY TH!= POLICE D;PARTM!=NT AND AUTHOR!?!NG - ITS FUNDING FROM ASS!=T SI=17UR;: FUNDS HOT TO ;~(CFFn $10q,000 Staff report presented by Jack Lam, City Manager. Mayor Alexander opened the meeting for pul:~ic input. There being no response, public comments were closed. Councilmember Gutierrez asked how much money was in the asset seizure account. Jack Lam, City Manager, stated $70,000 and that it can only be used for law enforcement purposes. Councilmember Curatalo felt this would really assist the agency involved in various police efforts and that it would help to make the City safer. Councilmember Biane asked if the City ever had ils own police department would this equipment stay with the City or go to the Shedff's Department. Jack Lam, City Manager, stated it belongs to the City. MOTION: Moved by Gutierrez, seconded by Biane to approve staffs recommendation. Motion carded unanimously 4-0-1 (Williams). Councilmember Curatelo stated he would like to see a photo of this when it is available and also any other equipment associated with this. Ueutenant Joe Henry, Police Department, stated he would be happy to do this. I. COUNCIL BUSINESS I1. CONSIDFRATION OF A RESOLUTION SUPPORTING THE CONTINUATION OF THF ASSESSMFNT FOR RFD HILl AND H;:RITAG; PARKS (PD-85} Staff report presented by Jack I. am, City Manager. RESOLUTION NO. 97-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAUFORNIA, SUPPORTING THE CONTINUATION OF THE ASSESSMENT OF RED HILL AND HERITAGE PARKS (PD-85) Councilmember Guferrez stated he felt it was good that the people get to vote for this. He stated he supported the Resolution for these two parks to continue the assessment. City Council Minutes May 7, 1997 Page 7 Councilmember Curatalo stated he does not want to see anything happen to these parks and that he supported the Resolution 100%. Councilmember Biane stated it is so important to be able to maintain these parks so that all of the activities that take place there can continue. MOTION: Moved by Curatalo, seconded by Biane to approve Resolution No. 97-059. Motion carried unanimously 4-0-1 0Nilliams). J. IDENTIFICATION OF ITEMS FOR NEXT ME!=TING J1. Councilmember Curatalo stated he would like staff to find a way to get community input to determine if it is a good idea to have an official slogan of'l Love Rancho Cucamonga' or to come up with one of their own. J2. Councilmember Curatalo asked Mr. Gomez for a report how LAFCO determines areas of influence, what they mean to the City, and what effect annexation would have on these areas. K, COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to executive session to discuss labor negotiations per Government Code Section 54957.6 to give Larry Temple, Administrative Services Director, direction in regards to the meet and confer process. Motion carried unanimously 4-0-1 (VVilliams). The meeting adjourned at 8:10 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: ! I I I I ! I I I I l l I lB I I ! I I LUl I ~I ' Q'I I · O ~ ~ .~ i . & OI 0 I J W I I · I II I I I I I ~ i °I i ~--------------------------------,.------- V ~ ~ ~ ~ ~ ~ V~ I~1 ~ ~ ~-- · · oeoeeoeleeeleeeeeeeeeeeeeeoeeoe leeel ~lJl I · eeoeee e · ,,., ......... ~ ' ~ ~ ' ~1~1 ~111 ' · ,I · ~1 · I · I · ~ I I tl Iit III · II Iit t · I II I · · ~ · ~ I I v v I I z~.~ · · · · uJ ~lJ 4~ IiJ Zli. & i ~ I I ~ I I ~ I V V V CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: June 4, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Maria E. Perez, Assistant Engineer 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 RECOMMENDATION It is recommended that the City Council adopt the attached Resolution approving the Reimbursement Agreement for installation of a portion of a Master Planned Storm Drain facility in connection with Development Review 94-04, and authorize the Mayor to sign said agreement and City Clerk to attest thereto and cause same to record. .. BACKGROUND/ANALYSIS As a Condition of Approval of Development Review 94-04, Northtown Housing Development Corporation (the developer) was required to install a portion of the Area IV: Archibald Avenue Master Planned Storm Drain facility located in Archibald Avenue, between Deer Creek and Feron Boulevard. The funding for the master planned facility was provided by the Redevelopment Agency. The storm drain facilities were constructed by the City in conjunction with a City designed storm drain project. The storm drain facilities have been completed and were accepted by the City on January 3, 1996. The Rancho Cucamonga Redevelopment Agency has submitted an itemized accounting of the construction costs of said Master Planned Storm Drain facilities. Staff has reviewed and verified the submittal. The amount due the Rancho Cucamonga Redevelopment Agency is $2,986,000.00. This item appears on the Rancho Cucamonga Redevelopment Agency Agenda as well for their approval and Execution. Respectfully submitted, William J. O'Neil .~ity Engineer WJO:MEP:dlw Attachments KESOLUTION NO. D/' 7 - ~ ~ ~ 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 WHEREAS, the City Council of the City Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by the Rancho Cucamonga Redevelopment Agency, for the installation of a portion of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard within Archibald Avenue. WHEREAS, the installation of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard was funded by the Rancho Cucamonga Redevelopment Agency in connection with Development Review 94-04, a low income homing project by Northtown Housing Development Corporation; and WHEREAS, construction of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard has been completed and accepted by the City of Rancho Cucamonga. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO C. UCAMONGA, 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 hereto and cause said Agreement to record. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: F. ROM: BY: SUBJECT: June 4, 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. CC~7-007, ALMOND STREET, STREET AND STORM DRAIN IMPROVEMENTS, LOCATED AT THE SOUTHWEST CORNER OF ALMOND STREET AND HENRY STREET, FUNDED FROM MEASURE 'T' 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" RECOMMENDATION: It is recommended that the City Council accept Contract No. CO 7-007, Almond Street, Street and Storm Drain Improvements as complete, authorize the City Engineer to file a "Notice of Completion", and approve the final contract amount of $20,751.85. 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 $20,751.85. The original amount approved by Council was $26,000.00. Respectfully submitted, %~/-~ William J. O'Neil City Engineer WJO:LRB :Is Attachment RESOLUTION NO. q '7 - ~ 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONTRACT NO. COq7-007, ALMOND STREET, STREET AND STORM DRAIN IMPROVEMENTS, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CONTRACT NO. CO 7-007, ALMOND STREET, STREET AND STORM DRAIN IMPROVEMENTS have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. 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 Bernardino County. /¥ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY SUBJECT: June 4, 1997 Mayor, Members of the City Council Jack Lam, A.I.C.P., City Manager Suzanne Ota, Community Services Manager Joe O'Neil, City Engineer ~.~ Kathy Sorensen, Recreation Superintendent APPROVAl, OF FIVE YEAR I,EASE AGREEMENT WITH THE ASSISTANCE I,EAGUE OF UPI,AN!~ FOR USE OF PARI(ING ACROSS FROM THE RANCHO CUCAMONGA SENIOR CENTER I.OT RECOMMENDATION: It is recommended that the City Council approve a Lease Agreement between the City and the Assistance League of Upland for use of the parking lot across from the Rancho Cucamonga Senior Center for supplemental parking for the seniors. BACKGROUND: There has been an increased need for supplemental parking at the Senior Center for senior events and activities. The parking lot across the street has been used in the past for overflow on an intermittent basis. Programs and activities continue to grow at the Center and there has become a daily need for additional parking. Although the City plans on expanding City parking onto the lot on Arrow Route, east of the Senior Center, there is still a need for supplemental parking for large events. ANALYSIS: The parking lot facing Malvem Avenue was recently acquired by the Assistance League of Upland. League officials have negotiated a mutually accepted Agreement for use of the parking lot. This agreement provides over 40 parking spaces for participants using the services and attending the activities at the Rancho Cucamonga Senior Center. The parking lot would be available for use seven days a week, 52 weeks per year during the term of the agreement. The term of the Agreement is five years and can be renewed in five year increments. In exchange for use the City will provide improvements totaling $6,500 to the parking lot and a monthly rental payment of $100.00. Improvements include relocating the security system, providing a separation fence and gate between the parking lot and the existing buildings to the west, weed and shrub removal, minor fence repair, slurry seal and striping of parking stalls. The City will also provide monthly trash cleaning and bi- annual shrub and weed removal. No additional funds will be required for this project. Lease Agreement June 4, 1997 Page 2 The parking lot improvements will commence immediately upon approval of the Agreement. It is anticipated that the parking lot will be available for use by July 1997. Respectfully Submitted, .~ William J. O'Neil City Engineer ORDINANCE NO. -ff7~ AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A COMPREHENSIVE PARKING PLAN APPLICABLE TO CITY HALL PARKING LOTS A. Recitals. (I) California Vehicle Code Section 22519 provides as follows: "Local authorities may by ordinance or resolution prohibit, restrict or regulate the parking, stopping or standing of vehicles on any off-street parking facility which it owns or operates. No such ordinance or resolution shall apply until signs giving notice thereof have been created." (ii) California Vehicle Code Section 21113(a) provides, in pertinent part, as follows: "No person shall ...stop, park, or leave standing any vehicle ... or bicycle or motorized bicycle, whether attended or unattended, upon ... any property under the direct control of the legislative body of a municipality ... except with the permission of, and upon and subject to any condition or regulation which may be imposed by the legislative body of the municipality .... " (iii) It is the desire of the City Council to establish regulations for the orderly control and management of the City Hall parking lots. (iv) All legal prerequisites 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. That certain document entitled "City of Rancho Cucamonga City Hall Parking Program," attached hereto as Exhibit"A" and hereby incorporated by reference, hereby is adopted in its entirety as the plan of parking applicable to City parking lots contiguous to the Rancho Cucamonga City Hall. A violation of any of the parking regulations and/or restrictions set forth in Exhibit "A" shall be punishable by fine in such amount as may be established by resolution of the City Council, as the same may be amended from time to time. The City Council further hereby authorizes the removal and towing of vehicles in violation of any of said parking regulations. Section 2. The provisions of this Ordinance shall not become effective unless and until signs giving notice that parking is restricted and regulated by this Ordinance, and that violators' vehicles may be towed, have been posted as required by law. Section 3, Notwithstanding any other provision of this Ordinance, the provisions hereof shall not affect any existing parking restriction or regulation applicable to parking by disabled persons. Section 4. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any pr~mptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall r~main in full force and effect. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. ADOPTED AND APPROVED this day of ,1997. William J. Alexander, Mayor I, DEBRA ADAMS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinanc~ was introduced at a regular meeting of the City Council of the City of Rancho Cueamonga l~ld on tim day of ,1997, and was finally passed at a regular m~ting of the City Council of tim City of Rancho Cucamonga held on the day of ,1997, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Debra Adams City Clerk of the City of Rancho Cucamonga ORDINANCE NO. ~ 7 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DEVELOPMENTAGREEMENT NO. 89-03, 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. A. Recitals. follows: The California Government Code Section 65868, now provides, in pertinent part, as A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors ~n interest. 2. On November 1, 1989, the parties hereto entered into a Development Agreement concerning a residential development, (hereinafter referred to as "the Agreement"). Homes. The odginal developer, Homestead Land Development, was succeeded by Sheffield 4. Sheffield Homes has requested Amendment No. 1 to Development Agreement No. 89- 03, as described in the title of the Ordinance. Hereinafter, in this Ordinance, the subject Amendment is referred to as the "request." a. On April 23, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said heanng on that date. b. On May 21, 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date c. All legal prerequisites pdor to the adoption of this Ordinance have occurred. 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. Therefore, pursuant to Section 65868, of the Califomia Govemment Code, the City Council approves Amendment No. I of the Development Agreement 89-03 as attached hereto as Exhibit "1 ." 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 V=alley Daily Bulletin. a newspaper of general circulation published in the City of Ontado, California, and circulated in the City of Rancho Cucamonga. RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA WHEN RECORDED. RETURN TO: CITY OF RANCHO CUCAMONGA 10500 Civic Center.Drive Rancho Cucamonga, CA 91730 Attn: Debbie Adammr AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 89-03 THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT ENTERED INTO ON NOVEMBER 1, 1989, ENTERED INTO BY AND BETWEEN SHEFFIELD HOMES AND THE CITY OF RANCHO CUCAMONGA A. Amendment. 1. Exhibit *'B", Conditions of Approval, is hereby amended to modify Condition No. 47 and reads as follows: 47. The following building setback lines shall be delineated on the composite development plan (as measured from property line): A minimum front yard building setback line of at least 15 feet for units with side-on garages and 17 feet for units with front-on garagee. B. An overall average front yard building setback of 30 feet (as measured from face of curb). Go A side yard building setback line of at least 15 feet adjacent to side streets on comer lots. Do In no case shall the garage door setback be less than 18 feet to the back of sidewalk. 2. Other than as specifically amended hereby, the Agreement and each and every term and provision thereof, shall remain in full force and effect. EXHIBIT "1" CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 4, 1997 TO: Mayor Alexander & City Councilmembers Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: Consideration of CommuniW Entertainment Events at the Epicenter RECOMMENDATION: It is recommended that the City Council authorize staff to evaluate the possibility of developing community entertainment events including community concerts at the Epicenter. Staff will also evaluate the possibility of incorporating fundraising opportunities to assist youth and sports groups in providing recreational programs for the youth of the City. BACKGROUND: At the Council Meeting of May 21, 1997, Mayor Alexander and Councilmember Williams requested that the City Council consider developing a program of community entertainment events at the Epicenter. Based upon the Spring Children's Concert which was held at the Epicenter on March 29, 1997, it was felt that these and similar events could provide wholesome family entertainment for residents as well as possibly provide a fundraising oppommity for youth and sports groups in the City. The Community Services Department staff proposes to evaluate these possibilities by considering the following: 1. Evaluate alternatives for an initial entertainment series based upon entertainment and production costs. 2. Develop an affordable community entertainment event budget plan. 3. Review fundraising oppommities. 4. Present a report back to the City Council within 90 days. Respectfully submitted, Community Services Manager so/ epictr CITY OF RANCHO CUCAMONGA STAFF REPORT DATE:May29,1997 !a~:O FROM: RODNEY R. HOOPS, ~hief of Poli . ~ TO: JACK LAM, City Manager SUBJECT: RANCHO CUCAMONGA POLICE DEPARTMENT TOWING PROCEDURE The City Council has requested a staff report that outlines the Police Department's policies and procedures for the authorized towing of vehicles. The Police Department operates and maintains a procedure that is legally sound, provides quality service to our citizens, and is equitable to our towing companies. We presently have five towing companies that have met all of the department's established towing guidelines. 1) Marshall/McKnight Towing 4) 7126 Amethyst Street Rancho Cucamonga, CA 2) Steve's Towing 5) 9529 8th Street Rancho Cucamonga, CA Mr. T's Towing 8576 Helms Rancho Cucamonga, CA NOTE.' Elite Towing 15176 Whittram Fontana, CA Martinez Towing 331 East Foothill Blvd. Upland, CA Three of these five towing companies are within the city limits of Rancho Cucamonga The above towing companies are called on a rotating basis. In theory, if our officers were to request five tows during a shift, each of the tow companies would get one tow. An officer may request that the closest tow be called for public safety concern~ (e.g., major accident, blocking of a major street, etc.), but this is an exception to the rotation policy. May 29, 1997 IOM- RANCHO CUCAMONGA POLICE DEPARTMENT TOWING PROCEDURES Page Two The Police Department's towing policies are consistent with County Council guidelines and case law decisions that preclude any governmental entity j~om prohibiting the operation of towing businesses that lie outside its borders. The current department policy provides an application process that has been very successful. The attached "Rancho Cucamonga Sheriffs Station Tow Service ~4greement" outlines the re- quirements that a tow company must meet in order to be placed on our tow rotation list. Each application is reviewed by the traffic supervisor and command staff..4n initial on-site inspection of the actual towing yard/business is conducted In addition to the initial inspec- tion, command staff conducts a yearly review inspection of each tow yard/business. The towing companies also participate in a mandatory quarterly meeting with Police Department command staff. Past Police Department practices have indicated that five "on-line" tow services best meet the Police Department's tow service needs. Companies wishing to be placed on the Rancho Cucamonga Police Department Tow List are encouraged to make application. Once a tow service meets our requirements, they are placed on a stand-by waiting list. ~4t the present time, we have no companies on the stand-by list. The Police Department's current towing policy procedures meet the requirements of the Sheriffs contract, provides equitable treatment of towing companies, has kept us out of litigation, and most importantly provides quality service to the citizens which we serve. RH: bms attachment RANCHO CUCAMONGA SHERIFF'S STATION TOW SERVICE AGREEMENT The cow service will be available on a 24-hour, 7-day week basis and the area of availability of such service is indicated. If at any time the tow service is called and is unable to respond due to unavailability, downed equipment, etcetera. the agency shall in~nediately notify the Sheriff's Office so that other towing arrangements can be made by the Sheriff's Office. If the tow service called is unable to respond within 20 minutes, the tow service must advise the Sheriff's Office at the time of the cal~ the anticipated response ~ime. If anticipated response time is unacceptable, other towing arrangements will be made. The tow service will furnish satisfactory evidence of liability insurance providing adequate protection of disabled vehicles and any property contained in such vehicles while : being towed and during storage. Policy.expiration dates and any notice of cancellation will be furnzshed the Station Commander immediately upon receipt. Towing fees will be reasonable and not in excess of those rates made for similar services provided in response to requests initiated by any other public agency or private person. Towing fees over and above normal rates will not be permitted for response to calls originating from the San Bernardino County Sheriff's Office. 5. Each tow service will establish and maintain a schedule of rates covering all fees for towing services performed. The schedule of rates will be available for review by Sheriff's Department personnel or persons for whom tow service is pro- vided. The Sh,riff's Department shall be advised in writing of any ad. jus~ment of. these rates. 6.. Provisions will be made for the adequate security of vehicles and property at the place of storage of disabled vehicles. 7. The tow service will provide a receipt with a copy placed in the s~ored vehicle and a copy to the Area office whenever any item is removed from a stored vehicle and taken to another place of storage. 8. The ~ow service will maintain records of tow services fur- nished, including a description of vehicles, nature of set- -vice, and time'and location of calls. Such records may be inspected a~ any time by Department personnel. 10. Tow service operators and tow truck drivers employed by the tow service will be sufficiently capable to ensure safe and proper discharge of their service responsibilities. Tow service operators and tow truck drivers will ~e properly licensed in accordance with California Vehicle C0~e Section 12804. 11. Tow vehicles will be maintained in compliance with the pro- visions of Sections 24605, 25253, '2§300, 27700 and 27907 of the California Vehicle Code and Section 9701 of the Revenue and Taxation Code. 12. Tow service operators will arrange with the Station Co~nander for the inspection of new or replacement tow vehicles prior to placing them in service. In addition, any lamp or device requiring approval by the Department must be inspected prior to installation on tow vehicles. 13. The tow service will comply with California Vehicle Code Section 10652 in reporting the storage'of vehicles over 30 days. The Area Co,~m~nder will be furnished a copy of the report which the tow operator is required to furnish the : Department of Justice by re$istered mail. The copy of the notice will be forwarded to the Station Coa~nder by regular mail. The undersigned agrees that as a condition to inclusion on the tow list of the Rancho Cucamonga Sheriff's Station, he will comply with these rules and regulations. Furthermore, the undersigned agrees that any failure to comply with these rules and regulations by him or anyone acting as his agent will be cause for immediate removal from the Rancho Cucamonga Sheriff's $tation's tow list upon notification by the Station Commander. This agreement may be cancelled. Sy either party by giving written notice to the other party. Company Name Title ~ -. - Witness Title Departmental Representative Date: Location: THE CITY:'0F RANCHO CUCAMONGA Tow service application I. NAME: 01. Company name: 02 .03 04 05 06 07 Address: Owner: Address: Co-owner: Address: Normal business hours: Phone#: Phone#: Phone~: Call-out hours: II. RESPONSE TIME: 08. 4th/Etiwanda: 09.Sapphire/Almond: III. INSURANCE: Summitt/Cherry: Foothill/Grove: 10. Liability insurance carrier: LIMITS: Phone#: Copy attch: IV. SERVICE/RECORDS: 12. Tow schedule: Storage fees: 13. Storage location(s): 14. Security provisions: 15. Do records include vehicle description, times,~ nature of service and location of pickup and storage lot? 16. Would your records be available for inspection by department personnel? V. DRIVERS/EQUIPMENT: 17. Drivers: License# 18. Truc~s: License VI. COMPLIENCE: 19. Do tow vehicles comply with CVC secitons 24605, 25253, 25300, 2770 and 2?90?? 20. Are you familiar with reporting requirments under California Vehicle Code section 106527 Signature% Date: DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA May 27, 1997 Members of the City Council STAFF REPORT William J. Alexander and Rex Gutierrez City Council Mobile Home Subcommittee CONSIDERATION TO APPROVE 5-YEAR MOBILE HOME ACCORD EXTENSION FOR SYCAMORE MOBILE HOME PARK RECOMMENDATION The City Council approve the attached 5-year Mobile Home Accord Extension for Sycamore Mobile Home Park. Background On February 5, 1997, 6 of the City's Mobile Home Parks agreed to extend the Mobile Home Accord for another 5 years to expire in the year 2002. The Sycamore and Pines Mobile Home Park owners declined in February to sign the 5-year extension. The Sycamore Mobile Home Park owners subsequently met with staff and the City Attorney to indicate the reason they could not sign the 5-year extension was because they believed their base rents were substantially lower than the other 7 mobile home parks in the City. The owners of Sycamore Mobile Home Park asked staff and the City Attorney's office to survey the base rents and in the interim signed (and the City Council approved) an extension of the Accord for 2 months (March 19, 1997 through May 31, 1997). The Pines Mobile Home Park continues to decline to sign a 5-year extension of the Accord because they believe there will be an economic upturn and they do not wish to be constrained by the Accord. Staff and the City Attorney's office continues to work with the Pines Mobile Home Park owners to sign the 5-year extension, and we are proceeding with the draft Rent Control Ordinance. Analysis Staff and the City Attorney's office conducted a base rent survey of the 8 mobile home parks in the City and determined the Sycamore base rents were on average $80 below the majority of the 8 parks in the City. The survey also showed that the Sycamore Mobile Home Park had utilized the maximum amount of CPI allowed under the Accord each year since their purchase of the park in 1988. Sycamore Mobile Home Park Accord Extension May 27, 1997 Page Two We, along with staff and the City Attorney, will be meeting with the Residents' Committee for Sycamore on Thursday, May 29, 1997. We will update the City Council at the June 4, 1997 ' as to the Residents' Committee input and/or comments.; meeting Respectfull.~ub~ed, / Re~lp S. ,mitred, William J. Pflexander Rex Outierrel. ] City Courtall Mobile Home Subcommittee City CounciltMobile Home Subcommittee Attachmere: Sycamore Mobile Home Accord Extension CC~ Jack Lain, AICP, City Manager Rick Gomez, Community Development Director Diane O'Neal, Management Analyst II James L. Markman, City Attorney AMENDMENT ~O. 1 TO "AGREEMENT BETWEEN THE CITY Oi,' RANCHO CUCAMO1NGA AND TIIE OWNER,~ OF CERTAIN MOBILE HOME PARKS WITHIN RANCHO CUCAMONGA PROVI1)iNG FOR AN ANNUAL MAYAMUM RENT ADJUSTMENT" PERTAINING TO SYCAMORE VILLA MOBILE HOME PARK. The City or Rancho Cucamonga and Sycamore ViiIls Mobtic lieme Park ("Sycamore" hereinafter) hereby ~ul,~,d the above-relY. rented agreement as the samz applies to Sycamore as follows: 1. Paragraph 4 of said agreemen! hereby is amended to read as follows: "4. Term. The Term of this Agreement shall be deemed to have commenced February 6, t992, taxi shall end at 11:59 p.m. on February 5, 2002." 2. Notwithstanding the provisions of subparagnsph 7.C(1 )(a) of said agreement, during 1997, 1908 and 1999, Uwncr may increase the Base Rent as to each Mobile. l. lome ,ql,ame by an amount ap to $15.00 and then may increase said Base Rent as so increased in accordance with the formula set forth in sublx~ragraph 7.C(l)(a). For example, it' dzc tsa~v Rent applicable to a Mobile Homo $1~u:~ in 1997 prior to adjustment that year was $250.00 and the change in the CP! as defined in said agreement was five percent (5%), the rcm could be increased as follows: a. $250.00 plus $15.00 equals $265.00; and S278,25. retroactively. Five percent (5%) of $265.00 equals $13.25; The total allowable Base Rent increa.~ would be $28.25; The total allowable Base Rent alter adjustment would be The parties agree that no Base Rent increase for 199'~ may be applied ~\R¢~.Ad~tENDMI IP 1,8 3. Notwithstanding the provisions o1' subparagraph 7.A of said agrecmcnt, Owner shall not I~ rcqui~'~ by .said agro~mcnt to provide advano~ notico of rcn~ increases or to provide the City Manalga' or his designee the inforn~fion specified in said subparalraph in advan~. However, Owmr shall comply with all state law rcquimmcnts $ovornin$ no~ioo of said increams and shall pMvide .snid information to ti~ City Manager or his &.si~ as soon as is feasible ~t no !at~r than ten (10) days subsoquent to the effective dal~ o1' ~id inc~a~s. IN WITNESS WIIEREOF, thc partim havc cnt~r~d into this Amcndmcnt No. I as of Jun~ 4, 1997. CITY OF RANCH() CUCAMONOA, a mnnieipal corporation By: Willi'"am Alexand"~, Mayor" Debra J. Adam~, City Cle~ Approved as to fonn: Jamcs L. Markman, City Atlorn$'y OWNER SYCAMORE VlLI,A MOBILE HOME PARK N~.(.."~A~ENDMH g I.I 2 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: June 4, 1997 Mayor and Members of the City Council Jack Lain, AICP, City Manager Brad Buller, City Planner Larry Henderson, Principal Planner STATUS OF IS! F: HOUSE - 6490 ETIWANDA AVENUE RECOMMENDATION Provide staff with direction relative to desired actions to relocate the historic House to a suitable site within the Etiwanda Community. BACKGROUND/ANALYSIS On May 21, 1997, the City Council directed staff to prepare a status report and draft feasibility study for the Isle House at the request of the Etiwanda Historical Society. The structure is currently threatened by the construction of the Route 30 Freeway. The Etiwanda Historical Society has urged the saving of the Isle House in a letter dated May 21, 1997. A copy of the letter and attachments is enclosed with this report for reference. The historical significance of the structure is contained in the California Department of Transportation Architectural Resource Inventory/Evaluation Form, prepared in conjunction with the Route 30 Freeway Environmental Impact Statement. In summary, the evaluation states; the Isle House is an unusual survivor of the early days of settlement of the Etiwanda Colony, dating from the founding years in the 1880s. The house is widely published in local histories, and remains surprisingly unaltered, considering its 114 year age. Although moved, the relocation occurred at the turn of the century, and the house remained in its original neighborhood. CITY COUNCIL STAFF REPORT STATUS OF ISLE HOUSE June 4, 1997 Page 2 It continues to be one of the rare surviving examples of its type and period, not only in the local community, but in southern California. It remains a notable example of small - scale domestic Second Empire styling, and appears to meet National Register criterion C at the local level of significance. In addition, the Etiwanda Specific Plan identifies the house as one of "Notable Existing S~ructures" and specifies under Article 5.42, section .402: A reasonable effort shall be made to encourage the preservation of structures identified in Figure 5-44 as follows: .... ( See attached applicable ESP sections). The EIR/EIS for the Route 30 Freeway Project identified the Isle House as a significant historic resource and as such specified appropriate mitigation measures. Those measures are further elaborated upon in a Memorandum of Agreement between the US Federal Highway Administration and the California State Histodc Preservation Officer (SHPO). The section of the agreement pertaining to the Isle House is attached for reference. Some of the key points of this section are paraphrased as follows: A detailed marketing plan shall be p~pared by CALTRANS/SANBAG in consultation with SHPO. The plan in general will include, property information package, potential buyers/transferees distribution list, advertising plan and schedule, schedule for receiving and reviewing offers ( includes participants from SHPO, EHS, RCHPC, and CCCC), and options for preservation covenants. Consultation with and performance of any requirements by the National Park Service (NPS) for Histodc American Building Survey/Historic American Engineering Record (HABS/HAER) documentation prior to commencing work within the vicinity of the house, If the Isle House cannot be transferred and is to be demolished, Caltrans/SANBAG shall ensure that, SHPO, Eftwanda Historical Society (EHS), Rancho Cucamonga Historic Preservation Commission (RCHPC), and Chaffey Communities Cultural Center (CCCC) have an opportunity to select architectural elements for preservation. It is staffs understanding that SAN BAG has proceeded with consultant selection to prepare the marketing plan. SAN BAG staff has been contacted and invited to attend the June 4, 1997, City Council meeting to address any questions the City Council may have relative to this topic. CITYCOUNCIL STAFF REPORT STATUS OF ISLE HOUSE June 4,1997 Page 3 CORRESPONDENCE Copies of this report were mailed to the following: RCHPC Chairman and Members SAN BAG - David Clark EHS Board of Directors City Planner BB:LJH/taa Attachments: Exhibit "A" - EHS letter and attachments dated May 21, 1997 Exhibit"B"- ESP excerpts ' Exhibit "C"- FHNSHPO MOA excerpts dated March 21, 1996 .5.5 PLEASE HE LP US SAVE THIS USE.I HISTORICAL SOCIETY Post Office Box 363, Etiwanda, CA 91739 May 21, 1997 The'Honorable Bill Alexander, Mayor and Members of the Rancho Cucamonga City Council The Etiwanda Historical Society wishes to express their concern and interest in the preservation of the Isle House. The Isle house was built by George Chaffey for his mother and sister and was originally located across the street from the Chaffey-Garcia House, on Etiwanda Avenue. We understand that Cal-Trans has purchased the house and is anxious to move or demolish it to make way for the 30 Freeway. We would like the City Council to intervene on behalf of the Etiwanda Historical Society and keep this valuable piece of Etiwanda history from being destroyed. Because of the urgency involved, we have come here today to ask that you put this item THE PRESERVATION OF THE ISLE HOUSE on the June 4, 1997 City Council Agenda for discussicm...Thank you for your consideration. Sincerely, Ron Bradshaw, Vice-President Annette Brown, Secretary ).eca'~lileen Stuart} Directo~ Donna Kendrena, Director cc: Members of the Planning/Historical Preservation Commission CALIFORNIA DEPARTMENT OF TRANSPORTATION ARCHITECTURAL INVENTORY/EVALUATION FORM County - Route - Poslmile: SBd 30 0.0/22.8 IDENTIFICATION 1.Common Name: McGuire House 2.Historic Name: James C. Isle House MAP REFERENCE NO. 39 ( ) LISTED ( ) DETERMINED ELIGIBLE (X) APPEARS ELIGIBLE ( ) APPEARS INELIGIBLE 3.Street or rural address: 6490. Etiwanda Avenue City: Rancho Cucamonga (Eftwanda) 4.Parcel Number: 225-171-14 & 19 Address: 5995 Etiwanda Avenue 5,Ownership Is: ( ) Public (x) 6.Present Use: Residential Zip Code: 91739 County: San Bernardino Present Owner: Alfred and Antoinette McGuire City: Rancho Cucamonga (Eric/ands) Zip Code: Private Original Use: Residential 91739 DESCRIPTION 7a.Archltectural Style: Second Empire 7b,Brlefly describe the present PHYSICAL CONDITION of the site or etructure and describe any major alterations from Its original condition: The Isle House is an excellent example ol Second Empire. :~.ty.ling ol the 1880s, executed on a small scale. The house was buil~ in 1883 on a nearby lot, and was moved to its present site about 1903, A historic pholograph in Etiwanda. The First 100 Years (p. 9) shows the house on its original site about 1892. It appears to be essentially the same, revealing very little modilications were made as a result ol the move, or in later years. (CONTINUED) 8. Conab'uctlon date Eallmated: ( ) Factual: (1883) 9. Archileer: Unknown 10. Builder: Unknown 11. Approx. property size Acreage: 18.9 12. Date(s) o! enclosed pholograph(a): Januat7 27. 1989 13.Condition: Excellent ( ) Good ( ) Fair (x) Deteriorated ( ) 14.Alterations: Early relocafion of building, addition of wing on west, construction of new shed, loss of groves 15.Surroundings: (Check more Ihan one if necessary) Open land ( x ) Scattered buildings ( x ) Densely built-up ( Residential ( x ) Industrial ( ) Commercial ( ) Other: 16.Threats to alta: None known ( ) Private Development ( ) Zoning ( ) Vandalism ( ) Public Works Project ( x ) Other: 17.1s the structure: On its original site? ( ) Moved? (x) Unknown? ( ) 18.Related features: Modern shed, house trailers, irrigation 'cistern' in field, palm trees, windbreak SIGNIFICANCE 19.Briefly state historical and/or architectural Importance (Include dates, events, and persons associated with the site): The Isle house is an excellent example ot and 1880s Second Empire residence constructed on a small scale; although somewhat deteriorated, the house still represents well its type and period, and is one of Ihe rare surviving examples ol Mansard- roofed architecture in southern California. A few such examples still survive in the Los Angeles area, including the Valley Knudsen Garden Residence, moved to Heritage Square in Highland Park. In the local area, the major example of Second Empire styling is the large, [wo-sto~/brick Barton House near Colton; it has been listed in the National Register of Historic Places. Several small, wood frame Mansarded houses still survive in San Bernardino. Never plentiful in the area, houses representing this style have virtually disappeared from the architectural landscape. Although altered ~fler the c. 1903 move, most notably with the addition of a rear wing, the expansion ot the front porch around the south side, a~d window and door modifications on the south elevation. the house still is a strong qualifie~ for the National Register under criterion C. (CONTINUED) 20.Main theme of the historic resource: (if more than one is checked. number in order oi importance.) Architecture (x) Arts& Leisure ( ) Economic/IndustrJaJ ( ) Exploration/Settlement ( ) Government ( ) Milit~y ( ) Religion ( ) SociaFEduc~ion ( ) 21 .Sources (List books, documents. surveys, personal interviews and their dates.) Eliwanda The First 100 Years. Etawanda Historical Society, 1982; A History of Eliwanda. by Robert L. Hick, cox, 1981 (MS copy in City of · Rancho Cucamonga Planning Depa~'tmenl. historical survey files). 'Designated a~d Potential Historical Site List', City of Rancho Cucamonga, March 1988; City historic. ! survey property lile for 6490 Eftwanda Avenue, Planning Departmenl, City o! Rancho Cucamonga; San Bernardino County Assessor, Lot Books 4 (1895- 1916), 3. 15. 33, 64 and 122 (1917-1 g48); Fairchild Aerial Pholo Collectio~t, Whittier College (Photos C-4061-15, 1936; C-5042-19, 3/13/1938). 22.Date fon'n prepared: February 1, 1989 By: Aaron A. Gallup Organization: Celttans Address: 1120 N Street City: Sacramento Zlp Code: 95814 Phone: (916) 920-7672 Location sketch map (draw & label site and surrounding s~ree~s. roads. and prominent landmarks): See Map 3 CONTINUATION SHEET MAP REFERENCE NO. 39 7b. Brlefly describe the present PHYSICAL CONDITION of the site or structure and describe any major alterations from Its original condition: As originally constructed, this small, wood frame house was one and a half stories in height, with a steep, bellcast Mansard roof at the second level; the upper part of the roof !ermineted in a low pyramid. Rows of patterned shingles of varying designs encircled the roof slope, which was broken only by paired dormers on the facade and the two sides. The plan of the house was roughly square. The recessed, transomed entrance was cenlered in the facade, and was flanked by two large 2/2 double hung windows. A porch spanned the front, with Ihe roof supported by four posts; there was no porch rail, and the enlrance was accessed by three centrally-placed steps. A brick chimney arose through Ihe center of the roof. After ~h.9 move, the building remained essentially the same, but some minor changes were introduced. A small addition was constructed at the rear of the building; it is built of cobblestones, a typical conslructlon material in the Focal area after the turn of the century. The porch was extended to wrap around the south side of the building, connecting with the rear addition; it was redesigned to echo the Mansard shape of the original roof. The squared porch supports were replaced by turned posts, and a 'Chinese Chippendale' railing was added; the central entrance steps were removed, and steps were constructed at each end of the porch, with main entrance steps placed diagonally at the southeast corner connecting with a walkway leading to a gate at the corner of the lot. All three sets ot steps were flanked by low cobblestone side walls with concrete caps. Later alterations include the creation of a new central doorway on the south side, and its subsequent modification. The roof was damaged during a severe windstorm in 1988, but has been repaired; the porch is also undergoing repair at the present time. Although altered, many of these alterations were made at the time of Ihe move during the association of James C. Isle with the property; they should be viewed as part of the historic fabric, rather than modifications which detract from the significance of the propeAy. Although the loss of the grove is unfortunate, and results in a loss o! historic setting, the architectural character of the house is so strong that it still remains an important example of the early architecture of the community. Other property features incfbde three mature palm Irees in lront o~' the house on Etiwanda Avenue, and one at the rear on Highland Avenue; several citrus trees and an olive tree still stand near the house. An early concrete irrigation 'cistern' or settling basin stands in the field to the west of the house. It is associated with the former irrigation system which distr~uted water to Ihe large citrus groves which occupied Isle's property; the groves have now been removed. The property still ~etains the old eucalyptus windbreak Io the no~lh. Later additions to the property include a c. 1950 wood frame shed/former garage north of the house. A low concrete block t'ence has been constructed across the Iront and side of the yard adiacent to the two intersecting streets. A modern house trailer stands at the rear of Ihe house. CONTINUATION SHEET MAP REFERENCE NO. 39 19.Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site): The house is featured in several local histories; it is one ot the oldest surviving buildings ol the early days ol the Etiwanda Colony. Research in the San Bernardino County Assessor's lot books traced the property back to 1895, when it was owned by Charles Charley. The house had been built on another parcel nearby, and was under the ownership of Anne Chaffey; local histories date the construction of the house at 1883. After a series of sales, the house was sold about 1903 to James C. Isle, who moved it on log rollers to its present site. Isle acquired the present property in 1901, but transferred it to W~lliam P. Myers two years later. Isle re-acquired the lot in 1906, and continued Io own it until 1937, when it was transferred to Mar~ha E. Isle. In 1943, it was acquired by Alfred W. McGuire, the present owner, who is James Isle's grandson. Although the date of the relocatlon is unknown, it is highly likely to have occurred in 1903, when Isle purchased the house and was still the owner of the corner lot before it was sold to Myers. it was on the new site in 1915, when the assessor's lot books began noting separate assessments for improvements. Isle also acquired numerous other 10-acre lots of Etiwanda Colony lands, eventually amassing large citrus holdings; he and his son- in-law, George P. McGuire, were said to have owned 125 acres of cilrus land in the community (Hickcox, p. 102). Although James C. Isle owned one of the largest c~nJs ranches in the EtJwanda area, his contributions to local history do not appear to be well-known. However, the Isle house is an unusual survivor of the early days ot setllement in the Etiwanda Colony, dating from the Iounding years in the 1880s. The house is widely published in local histories, and remains surprisingly unaltered, considering its 106-year age. Although moved, the relocation occurred at the turn of the century, and the house remained in its original neighborhood. It continues to be one ol the rare surviving examples of its type and period, not only in the local community, but is also rare in southern California. In spite of some deterioration, it still remains a notable example of small-scale domestic Second Empire styling, and appears to meet National Register criterion C at the local level of significance. Map Reference No. 39 James C. Isle House, 6490 Etiwanda Avenue, Rancho Cucamonga D,, I0 ': '"" "'.'"'.'~ ~.~ ~. '. . :... ~o ~. 4~ 15 ' ~ 83 AC, " I ~* AVENUE~'"-:--- o I HIGHLAND I I r- Assessor§ Map Book 225 Page 17 The property occupies two lots (15 and 16, Block D, Etiwanda Colony Lands) totalling 18.9 acres. Boundaries are drawn upon current lot lines, and encompass the house and surviving portion ~.,Isle's once-larger holdings: .400 .500 Article 5.42 Notable Existing Structures .401 Figure 5-44 identifies existing structures of historical or architectural merit or structures which otherwise contribute to the character and visual quality of Etiwanda. .402 A reasonable effort shall be made to encourage the preservation of structures identified in Figure 5-44 as follows: (a) (b) (c) Move-Ons Such existing structures and uses located on legal lots of record shall be considered as conforming to provisions of Section 5.2 of this chapter, regardless of lot size, setbacks and similar existing conditions, provided pubUc health, safety. or welfare is not threatened. Such existing structures shaU be incorporated into the design of new development wherever possible. On lots of one acre or more, these structures shall not be included in density calculations, and will not reduce the number of new dwellings permitted. In the OP and CS/OL Districts, such structures/ may be converted to non-residential uses, subjectS, to the provisions of the OP and CS/OL Districts,{ respectively. / .501 General: Except as specified below, .move-ons for residential purposes shall be subject to regulations in effect elsewhere in the City, in accordance with the Development Code. .502 Move~ons within the Etiwanda Avenue Overlay District: In addition to meeting city-wide criteria, structures to be moved into the E/OL District must be of significant architectural or historical merit or must otherwise reinforce the character of Etiwanda Avenue. .503 Move-ons within the Community Service Overlay District: Provisions of .401 and .402 shall prevail, except that such struetbres may also be used for limited impact non-residential purposes, subject to the limitations of the CS/OL District, Section 5.25.400 O~I'~ERN ' ,I;)ACIq(1 ~ ~ ~' " f ~** Notable Structures " /~ I 69s6 (~ddr.ss) ~ / · Chaffey/Garcia House to be relocated ,,, // ~l~j/ ~ ~ .'/ ~ // ' ~ , ; itle figurer ~ ' ' ~NOTABLE ~ - - ]{tiwanda Ave. (address) 7567 7491 7165 7126 .... _ 7050 6956 6658 7089 6490 6295 East Ave. 7082 6563 6155 Victoria Ave. (address) NOTABLE ~G STRUCTURi~ Assessor's Parcel Number 227-181-37 227-181-25 227-131-23 227-111-8 227-101-9 227-101-5 227-031-16 227-121-18' 225-171-14 Chaffey-Garcia House 227-121-24 227-011-17 225-191-16' Cm'rent Use Residence Residence Residence ........ Church Residence Residence Residence Lumber Yard Office/ Old SPRR Depot Residence Residence Residence Residence Residence 13325 227-141-47 Residence 13483 227-141-43 Residence ={ //5 FHNSHPO MOA (EXCERPT) James C. Isle House A. In consultation with the SHPO, Caltrans/SANBAG shall prepare a marketing plan for the James C. Isle House, which shall include the following elements: · 1) An information package about the property, including but not limited to: · Photographs of the property. · A parcel map. Information on the properry's cost and information on any public assistance that may be available to purchasers, such as applying the cost of demolition to the purchase price or to the cost of rehabilitation. · Information on federal and any other applicable other tax benefits for rehabilitation of histodc structures. Notification that the purchaser will be required to rehabilitate and maintain the property in accordance with the recomrfiended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings (U.S. Department of the Interior, National Park Service. 1983). · Notification of any requirement for inclusion of a restrictive covenant in the transfer document; and Notification that a preservation covenant (sample covenant attached hereto as Exhibit 1) consistent with applicable State laws, will be included in the transfer document. 2) A.distribution list of potential purchasers or transferees. 3) An advertising plan and schedule. Upon the SHPO's agreement with the marketing plan, Caltrans/SANBAG shall implement the plan. 4) A schedule for receiving and reviewing offers. Caltrans/SANBAG shall review all offers in consultation with the SHPO ahd a representative from the Etiwanda Historical Society, the Rancho Cucamonga Histodc Preservation Commission, and the Chaffey Communities Cultural Center, pdor to acceptance. Caltrans/SANBAG shall ensure that transfer of the property incorporates a protective covenant developed in consultation with and approved by the SHPO. If there is no acceptable offer that will conform to the requirements of rehabilitation and maintenance, Caltrans/SANBAG, with the approval of the SHPO, may transfer the James C. Isle House without preservation covenants. In that event, Caltrans/SANBAG shall ensure that the property is recorded, pdor to transfer, in accordance with stipulation B. ao Prior to the transference of the Isle House and/or the beginning of any construction activities in the immediate vicinity of the Isle House property, Caitrans/SANBAG shall contact the National Park Service (NPS) Regional office of the Historic American Building SurveylHistodc Amedcan Engineering Record. (HABSIHAER) to determine what level and kind of recordation is required for the property. Unless otherwise agreed to by HABS/HAER, prior to commencing any construction activities in the immediate vicinity of the Isle House property, and that copies of this documentation are made available to the SHPO and appropriate local archives designated by the SHPO. Go If the Isle House cannot be transferred and is to. be demolished, Caltrans/SANBAG shall ensure that the SHPO, the Etiwanda Historical Society, the Rancho Cucamonga Historic Society, and/or the Rancho Cucamonga Histodc Preservation Commission, and/or the Chaffey Communities Cultural Center have the opportunity to .select architectural elements for curation, public education, reuse, incorporation into new construction, etc. CaltranslSANBAG shall ensure that the items selected are removed in a manner that minimizes damage and are delivered with legal title to the Eftwanda Historical Society, and/or the Rancho Cucamonga Historic Preservation Commission, and/or the Chaffey Communities Cultural Center. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 4, 1997 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: Councilmember Biane and Councilmember Curatalo, As Members of the Cable Television Subcommittee BY: Jenny Haruyama, Management Analyst I SUBJECT: Government Access Channel 01CTV-3) Policy and G-idelines RECOMMENDATION: In adherence to City Attorney Jim Markman's legal opinion regarding the content of the City Government Access Channel (RCTV-3), per the attached informational memorandum, it is recommended that the policy and guidelines of RCTV-3 remain unchanged and serve only local government, local public educational institutions, local public agencies and agencies whose events are co-sponsored by the City. BACKGROUNI)/ANA!,YSIS: The original intent behind the creation of the Government Access Channel, RCTV-3 was to offer the citizens of Rancho Cucamonga a vehicle to receive and review vital government-related information and to promote a positive image of the City to its residents. Any other use of RCTV-3, such as non-profit or private programing should be done through a public access channel, where all groups and individuals can communicate a mix of commercial and non-commercial forms of speech. The Cable Communications Policy Act of 1984 established the Public, Educational and Government (PEG) Access Channel rcntuirements, which required cable companies to set aside channel space as a part of their franchise. Therefore, upon the request of a franchising municipality, cable companies are obligated to provide a public access channel that can be used by all members of the public. Additionally, local municipalities can also require that cable franchisees to manage all channel programming. As the renewal process for the City's cable franchisee approaches, the City may want to consider the addition of a public access channel to provide citizens and private and non-profit organizations with a public forum for program/evem advertising or an opportunity to communicate a particular viewpoint. ~R~~ Submitted, Councilmember /,-Councilmember James L. Markman Andrew V. Arczynski Ralph D. Hanson William P. CurIcy, Ill Marsha G. Slough D. Craig Fox Pamela P. King Daren E. Hengesbach Boyd L. Hill Markman, Arczynski, Hanson, Curley & Slough A Profi:ssional Corporation Attorneys At Law Number One Civic Center Circle P.O. Box 1059 Brea, California 92822-1059 (714)990-0901 * (562)691-3811 Fax: (TI 4)990~230 9113 Foothill Boulevard Suite 200 Rancho Cucamonga, California 91730 (909) 980-2742 ° (909) 381-0218 Fax: (909)948-9411 MEMORANDUM To.' From: Council Member Paul Biane City of Rancho Cucamonga James L. Markman, City AttomeyJ-~J/2q Date: April 15, 1997 Re: Policy Regarding Use of the City's Government Access Television Channel (Channel 3) Management Analyst Jenny Haruyama has requested an informational memorandum concerning the above-entitled subject matter, for your use at an upcoming subcommittee meeting. Accordingly, this memorandum shall serve to provide you with a brief overview as to the City's obligations with respect to its government access channel. As you are aware, the Cable Communications Policy Act of 1984 first established so-called public, educational and government (PEG) access requirements, thereby requiting cable companies to set aside channel space for programming within these three categories. The Act further provided that municipalities, as franchising authorities, could require franchisee cable companies to additionally provide equipment, or financial equivalents, to franchising municipalities as part of their franchise. Many municipalities have taken advantage of this requirement and have negotiated the provision of equipment or financial equivalents, in order to produce their own programming and/or to televise public meetings. Locally originating programming often includes a government information channel or "bulletin board" in order to publicize upcoming community events. The City's Cable Channel 3 apparently serves as the City's government access channel. Memorandum to Council Member Paul Biane April 15, 1997 Page Two Ms. Haruyama has indicated that one of the issues to be discussed at your upcoming meeting deals with the City's policy to not permit non-profit organizations, community groups, private businesses and individuals from advertising on Channel 3. Presumably, there are those who would like to see the City's government access channel accommodate such groups. In this regard, we have previously advised City officials, and will again do so, that the City's Channel 3 exists solely due to Congressional intent to provide governmental entities that franchise cable providers with the ability to have a dedicated television channel for purposes of disseminating government-related information. The character of the City's Channel 3, as it has been operated to date, is much like any other City-owned property which could be utilized for First Amendment purposes. By analogy, the City's Channel 3 rrmy be likened to a community bulletin board located in City Hall, which is used to post public notices and announcements of events of community-wide interest. In the context of the First Amendment, unless specific City owned property has been historically viewed as a traditional "public forum," such as the public sidewalks or public parks, the City may generally regulate or even prohibit general use thereof by the public, provided it does so without discrimination. (See, e.g., Clark v. Burleigh (1992) 4 Cal. 4th 474; 14 Cal. Rptr. 2d 455.) However, should the City permit private use of the property, then it has arguably "opened the door" to all persons or groups seeking to disseminate their ideas and information through use of the property. While we are unaware of any particular cases adjudicating this issu~ with resl~ct to use of a government access channel, we believe that the same analysis would hold true with respect to use of Channel 3. Should the City permit its use by any person or group for purposes of disseminating any information which is not strictly limited to matters of City business or City-wide community interest, then, arguably, the City has permitted its government access charmel to b~ome a public forum and it would be difficult, if not impossible, to thereat~er prohibit any particular group's or individual's use of the channel. We are occasionally asked as to whether or not private groups or individuals may be permitted to "sponsor" a city's programming on its government access channel, without "opening the door" to all non-governmental use. For example, it is common for public television stations to acknowledge that a particular program has been produced "through the help of' some corporate sponsor. Again, we are unaware of any particular cases dealing with these specific circumstances. However, it must be noted that so. called "public television" is not of the same legal status as that of government access programming. Stated otherwise. Congress provided each franchising municipality .fid Memorandum to Council Member Paul Biane April 15, 1997 Page Three with a television channel for the express purpose of providing programming exclusively in the municipality's interest. On the other hand. public television has traditionally existed by virtue of funding by the public. Public television stations possess certain tax exemptions and are usually non-profit, and thus are subject to different regulations which ensure their continued status as such. Government access programming, on the other hand, exists by virtue of funding and/or equipment received from the franchisee cable company, and is otherwise financially supported by funds of the franchising public entity. As such, we believe that whether or not the City were to permit advertising on its Channel 3, or were simply to permit a local organization's name to appear as a "sponsor" of a Channel 3 program produced by the City, it has arguably permitted some commercial use of the government access channel to occur. ThereaRer, it would be difficult or impossible to constitutionally prevent "sponsorship" or some other form of commercial use of the channel by any other group or individual, particularly those that may be viewed as undesirable or unsuitable for the City's channel. As noted at the beginning of this memorandum, cable franchisees, upon request of a franchising municipality, are obligated to provide apublic access channel. Such channel may be utilized by members of the public pursuant to fair and constitutional standards established by the public entity. Public access channels commonly contain a mix of commercial and non-commercial forms of speech by private groups or individuals. (See 47 U.S.C. §§ 531-544.) Hopefully, this memorandum will assist you in dealing with this matter. If you have any additional questions, however, please feel free to contact this office for further discussion. JLM:DCF/nlc N~RC\MBIANE 17.4B cc: Jenny Haruyam~ Management Analyst I S/