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HomeMy WebLinkAbout1996/05/01 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. May 1, 1996 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Cmtierrez, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Williams, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda May 1, 1996 All items submitted forthe City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane , Curatalo Gutierrez , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation declaring the Month of May as Older Americans Month in Rancho Cucamonga. Presentation of Proclamation commending the Northtown Housing Development Corporation on the successful completion of Villa Del Norte. 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 Warrants, Register Nos. 4/10/96 and 4/17/96; and Payroll ending 4/4/96 for the total amount of $1,164,161.55. Alcoholic Beverage Application for Beer and Wine Import for Coors Brewing Company, located at 8858 Rochester Avenue. Approval of City Co-Sponsorship of the Daily Bulletin All-Star Game on June 12, 1996. Approval of City Co-Sponsorship and Banner Application for the San Antonio Hospital Foundation's Grand Prix on June 8 and 9, 1996. Approval of a Summary Vacation of a 30-foot emergency fire access easement on two lots at the southwest corner of Laredo Place and Laramie Drive -APN: 1061-801-06 and 07. 11 12 13 City Council Agenda May 1, 1996 RESOLUTION NO. 96-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE Approval to award and authorization for execution of Contract (CO 96-016) for the Ninth Street Improvements, from Grove Avenue to Edwin Street, to the lowest responsive bidder, Gentry Brothers, Inc., in the amount of $199,512.50 (amount of bid plus 10% contingency) to be funded from the CDBG Fund, Account No. 28-4333-9316. Approval to execute Improvement Agreement Extension for Parcel Map 12854, located on the west side of East Avenue, between Catalpa and Victoria Streets, submitted by Style Homes Company, L.P. RESOLUTION NO. 96-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 12854 8. Approval to Release Maintenance Bonds for Tract 13280. Release: Maintenance Guarantee Bond #3SM882040-00 $52,842.00 14 17 21 22 23 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. 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Mailing Address: af different from promise address ) ff premise licensed: Type of license Transferor's names/license: /~icense TYPe Transaction Tvme File Number ............ 317387 Receipt Number ......... 1075512 Geographical Code ........ 3615 Copies Mailed Date Issued Date 2--27-96 RIVERSIDE 8858 ROCHESTER AVE RANCHO CUCAMONGA SAN BERNARDINO CA 91730 311 TENTH ST GOLDEN CO 80401 Fee Tvoe Master DUD Date Fee 1.10 BEER AND WINE IMPO ORIGINAL NA YES 0 FEB 23,1996 $100.00: 2. 10 BEER AND WINE IMPO ANNUAL FEE NA YES 0 FEB 23,1996 $72.00 : TOTAL $172.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Control Act, or regulations of the department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date FEB 23,1996 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive of~ca of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the plicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4a~ that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than nine (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to d:Traud or injure any creditor of transferon (5) that the transfer application may be withdrawn by eithr, r d~e applicant or fig lice,'tse, c wi~l no resulfil, g llabiii~y to the Deplt~r, etsh Applicant Name(s) Applicant Signature(s) ]COORS BREWING COMPANY See attached for sigmatare RECEtX/ED CITY CLERK ABC 211 (9/93) /C:) CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 1, 1996 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: APPROVAL OF CITY CO-SPONSORSHIP OF THE INLAND VALLEY DAILY BULLETIN ALL-STAR GAMES ON JUNE 4. 1996 RECOMMENDATION It is recommended that the City Council approve the City's co-sponsorship of the Inland Valley Daily Bulletin All-Star Games on June 4, 1996. The City has co-sponsored the All-Star Game for the past two (2) years with the Daily Bulletin and Valley Baseball Club. As a City co-sponsored benefit, the rental fee would not be assessed and the City would provide maintenance staff and facility support for a practice game as well as the event game as is normally provided on Quakes baseball days. BACKGROUND/ANALYSIS The City has received a request from the Valley Baseball Club and the Inland Valley Daily Bulletin to co-sponsor the High School All Star Game on June 4, 1996. This would be a fund-raising benefit for the Bulletin' s "Send an Underprivileged Kid to Camp" Program. Staff recommends approval of this request based upon the benefits to underprivileged youth in the Inland Empire. This event would also provide promotional opportunities to encourage Inland Empire resident to enjoy events conducted at the Epicenter. FISCAL IMPACT City expenses for the benefit event would be offset, in part, by ticket and concession revenues received from the event. Respectfully submitted, mmun~ty Services Manager CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 1, 1996 TO: Mayor Alexander and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: APPROVAL OF CITY CO-SPONSORSHIP AND BANNER APPLICATION FOR THE SAN ANTONIO HOSPITAL FOUNDATION'S GRAND PRIX ON JUNE 8 AND 9, 1996 RECOMMENDATION It is recommended that the City Council consider co-sponsoring the Grand Prix with the San Antonio Hospital Foundation on June 8 and 9, 1996 and to approve the Foundation's request to promote this event with City Street Banners. BACKGROUND The San Antonio Hospital Foundation is requesting that the City consider co-sponsoring their 2nd Annual Grand Prix Race to be held the weekend of June 8 and 9, 1996. The race will be conducted in the area of Inland Empire Boulevard and Haven Avenue near the Hilton Hotel. The Daily Bulletin is also a major co-sponsor of this event. The purpose of this fundraising event is to benefit San Antonio Community Hospital' s Neo-natal Intensive Care Unit which will help new born infants that need special lifesaving care during their first few hours and days of life. The Foundation is also requesting that it be allowed to promote this event with City Street Banners. The Foundation would provide the banner and is requesting that the City waive the $150Poanner installation fee. The banner would be hung from May 28 to June 10, 1996. The Street Banners will assist in informing the community of this worthwhile event. ~~uniO~t~aServices Manager CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 1, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer SUMMARY VACATION OF A 30-FOOT EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE - APN 1061-801-06 AND 07 RECOMMENDATION It is recommended that the City Council adopt the attached Resolution ordering the summary vacation of an emergency fire access easement, located southwest of the intersection of Laredo Place and Laramie Drive, and authorizing the Mayor and the City Clerk to record same. BACKGROUND/ANALYSIS The City has received a request from the property owner, Mr. Don Alexander, to vacate an emergency fire access easement along his east property line. The area to be vacated is 30 feet wide and 310 feet long. The easement was dedicated with Tract 11626. The Fire District has indicated this was a temporary access during construction of the tract which is no longer needed, and they have no objection to the proposed vacation. As a condition of the requested vacation, the property owner has been required to dedicate a storm drain easement near the southeast comer of lot 14 encompassing the portion of the existing storm drain which crosses this parcel. The vacation resolution will be recorded concurrent with the storm drain easement. On March 27, 1996, the Planning Commission determined the vacation conforms to the General Plan. The property owner is now requesting that the vacation occur and will incorporate his half of the vacated area into his yard. Section 8333(c) of the Streets and Highways Code states that local agencies may summarily vacate a public service easement which has not been in use for five years. Underlying waterline and storm drain easements on the two affected lots will not be vacated. Respectfully submitted, William~~ City Engineer WJO:dlw ~,,_Attachments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE WHEREAS, by Chapter 4, Article l, Section 8333(c), of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate an emergency fire access easement hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that the emergency fire access easement is no longer required because tract improvements have been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the emergency fire access easement, V-135, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said emergency fire access easement, located southwest of Laredo Place and Laramie Drive, no longer constitutes a public fire access easement. SECTION 3: l.at the qubiect,va~'~tio. ~hml be subject to the reservations and exceptions, if any, for existinl~ ntilitie~ on record. : SECTION 4: That the City Clerk shall opy of this resolution to be cause a recorded in the office of the County Recorder of San Bernardino County, California. CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: BY: SUBJECT: May 1, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer~.~ C// Betty A. Miller, Associate Engineer CITY COUNCIL AGENDA FOR MAY 1, 1996, ITEM D-5 - SUMMARY VACATION OF A 30-FOOT EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE - APN 1061-801-06 AND 07 The City Attomey has asked us to revise the wording of Section 3 of the subject Resolution as follows: "SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record pursuant to Tract 11626." WJO:BAM:dlw RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE WHEREAS, by Chapter 4, Article 1, Section 8333(c), of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate an emergency fire access easement hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that the emergency fire access easement is no longer required because tract improvements have been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the emergency fire access easement, V-135, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said emergency fire access easement, located southwest of Laredo Place and Laramie Drive, no longer constitutes a public fire access easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record pursuant to Tract 11626. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bemardino County, California. RUNYAN ENGINEERING, INC. LEGAL DESCRIPTION FOR VACATION OF EMERGENCY FIRE ACCESS EASTMENT A,P,N-1061 -- 801 -- 07 THE EASTERLY 15 FEET OF LOT 14 AND THE WESTERLY 15 FEET OF LOT 13, OF TRACT NO. 11626, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 186, PAGE(S) 72-79 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY: WILLIAM RUNIC. E. 32138 THE ABOVE DESCRIBED EASEMENT IS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND BY THIS.REFERENCE MADE A PART HEREOF. 437 South CataractAvenue, Suite 6 · San Dimas, CA 9d773 [909) 394-3496 · FAX[909] 394-4927 RUNYAN ENGINEERING, INC. EXIBIT" E~" PLAT FOR VACATION OF 30- FOOT ~IDE "' ' ' '. EMERGENCY FIRE ACCESS EASMENT AS "~ SHOWN BELOW. /' ' '. A.P.N, 106+ ~ 801 -- 07 ' " L 0 '.1" -.I ~',10. C32138 t~ / OF ,~,=09°58'38"/F \ L=40.05' \ ,~ , .1- I- O z z o. o (__TRACT 11626 )'_ ' .177.93' N 89°49'45" W L r,C)'F 'l ~\, \ '\, \ \ \ \ \ \1 AREA TO BE VACATED 437 South Cataract Avenue, Suite 6 · San Dimas, CA 9'1773 [7'14] 394-3496 · FAX [7'143 394-4927 CITY OF RANCHO CUCA1VIONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May i, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Michael D. Long, Supervising Public Works Inspector AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR THE NINTH STREET IMPROVEMENTS, FROM GROVE AVENUE TO EDWIN STREET, TO THE LOWEST RESPONSIVE BIDDER, GENTRY BROTHERS, INC. IN THE AMOUNT OF $199,512.50 (AMOUNT OF BID PLUS 10% CONTINGENCY) TO BE FUNDED FROM THE CDBG FUND, ACCOUNT NO. 28-4333-9316 RECOMMENDATION: It is recommended that the City Council award and authorization for execution of Contract for the Ninth Street Improvements, from Grove Avenue to Edwin Street, to the lowest responsive bidder, Gentry Brothers, Inc. in the amount of $199,512.50 (amount of bid plus 10% contingency) to be funded from the CDBG Fund, Account No. 28-4333-9316 BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on Tuesday, April 16, 1996, for the subject project. Gentry Brothers, Inc. is the apparent lowest bidder, with a bid amount of $181,375.00 (see attached bid summary). The Engineer's estimate was $194,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectfully submitted, William J O'Neil City Engineer WJO:dlw Attachment 000~000000000 0 00~>0000~0000 0 00~00000~0000 0 00~--00~0~0~00 0 0~ 0 /~ q~qqqqqqq ~~qqqq~qqqq o ~.~q~qqq~qqq q~qqqqqq~qqqq ~<<ozoz~<~ 0 CD u~ ,,-,, DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT May 1, 1996 Mayor, City Council and Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beck, Jr. Engineer APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP 12854, LOCATED ON THE WEST SIDE OF EAST AVENUE, BETWEEN CATALPA AND VICTORIA STREETS, SUBMITTED BY STYLE HOMES COMPANY, L.P. RECOMMENDATION It is recommended the City Council adopt the attached resolution, accepting the subject Improvement Agreement Extension and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement agreement and improvement security to guarantee the construction of the public improvements for Parcel Map 12854 were approved by the City Council on September 20, 1990 in the following amounts: Faithful Performance Bond: Labor and Material Bond: $16,373.00 $8,186.00 The Developer, Style Homes Company, L.P., is requesting approval of a 24-month extension on said improvements. The project is located in the Etiwanda Area and development cannot proceed until the formation of the Drainage Assessment District. Copies of the improvement agreement extension are available in the City Clerk's office. Respectfully submitted William J/d6~ City Engineer RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 12854 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on March 21, 1996, by Style Homes Company, L.P. as developer, for the improvement of public fight-of-way adjacent to the real property specifically described therein, and generally located on the west side of East Avenue, between Catalpa and Victoria Streets; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Parcel Map 12854; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City ofRancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 1, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~eil, City Engineer Linda R. Beek, Jr Engineer RELEASE OF MAINTENANCE BONDS FOR TRACT 13280 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond Number 35M882040 00 for Tract 13280. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain flee from defects in materials and workmanship. Release Maintenance Guarantee Bond Number 35M882040 00 - $52,842.00 Respectfully submitted, William J. O'Neil City Engineer Attachments WJO :LB :dlw CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 1, 1996 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Miki Bratt, AICP, Associate Planner, SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 96-01A - WOHL/RANCHO PARTNERS - A request for a land use change from Industrial Park to Community Commercial for 14.45 acres generally located on the south side of Foothill Boulevard between Spruce and Elm Avenues- APN: 208-352-62 through 69. Staff has prepared a Negative Declaration of Environmental Impacts for consideration. (Continued from April 17, 1996) RECOMMENDATION: Adopt the attached Resolution of Approval for General Plan Amendment 96-01A. BACKGROUND: On April 17, 1996, this Council approved a General Plan land use change from "Industrial Park" to "Community Commercial" and directed staff to prepare a Resolution of Approval for General Plan Amendment 96-01, including the Facts for Findings and Negative Declaration. Further, the Council supported the "Community Commercial" designation for the Industrial Area Specific Plan as described in "Alternative 3" of a Memorandum to the Council from Rick Gomez dated April 15, 1996. The Council then directed the Planning Commission to review and comment on the aforementioned "Alternative 3." Accordingly, Industrial Area Specific Plan Amendment 96-01 has been advertised for Planning Commission Public Hearing on May 8, 1996, and scheduled for City Council on May 15, 1996. ACTION: Adopt Resolution of Approval for General Plan Amendment 96-01A. BB:MB:gs Attachment: Resolution of Approval for General Plan Amendment 96-01A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96-01A, A REQUEST TO AMEND THE LAND USE MAP OF THE GENERAL PLAN FOR 14.45 ACRES OF LAND. GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD AND EAST OF SPRUCE AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-352-62 THROUGH 69. A. Recitals. 1. Wohl/Rancho Partners has filed an application for General Plan Amendment No. 96-01A as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On March 27, 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application; and 3. On April 17, 1996, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing on the application. At the conclusion of the hearing, the Council continued the item to May 1, 1996. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on April 17, 1996, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 14.45 acres of land, basically a rectangle configuration, located south of Foothill Boulevard, north of Eucalyptus Street, east of Spruce Avenue, and west of Elm Avenue and is presently vacant. Said property is currently designated as Industrial Park; and b. The property to the north of the subject site is designated Community Commercial and is partially developed. The property to the west is designated Industrial Park and is partially developed. The property to the east is designated Industrial Park and is vacant. The property to the south is designated Industrial Park and is vacant. c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and 'and d= This amendment does promote the goals and objectives of the Land Use Element; CiTY COUNCIL RESOLUTION NO. GPA 96-01A - WOHL/RANCHO PARTNERS May 1, 1996 Page 2 e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1, and 2 above, this Council hereby finds and concludes as follows: a That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff repods and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves General Plan Amendment No. 96-01A. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: ~.. FROM: SUBJECT: May 1, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager RESOLUTION SUPPORTING H.R. 2927 As requested at your last meeting, attached for your information and review is a resolution supporting H.R. 2927, a copy of the legislation and letters of support from other California cities. This resolution supports House Resolution 2927 which would allow reasonable local regulations of residential care facilities. These regulations could include limits on the proximity of such facilities to each other, the maximum number of allowable occupants, or the ownership, use, or occupancy of a residential care facility by a convicted felon, registered sex offender, or recovering drug addict. If adopted, the attached resolution would show our City's support for the legislation and would be forwarded to our congressional delegation in Washington. Duane A. Baker Assistant to the City Manager /dab attachments APR-16-96 TUE 09:02 LEAGUE 'OF CA CITIES FAX NO. CITY (~: S,D, I,R,D. ~ 9188588~4~ 9166588240 P, 02/08 104Ta CONGRESS H. R. 2927 ,.,r ~ T'o amend the Fair H~ A~ ~ local and Star, hw~ ~nd te2ulations t, overniner re,i&ntlal eue facilities. IN THE HOUSE OF REPRESENTATIVES F~va/~Y 1, 1996 ~. Bu~x (~r ~mse~, ~. Hu~'~ Mr. PA~, Mr. Cuxx~u~, A BILL To amend the Fair Hous~Z Act regardin2 local and 8tare law~ and regulations governing residential care facilities. Be it ~aae~sd by tht &~ate and ttou~e of R~ruenta fives of ~ rf~ttted 8fates of Arnerf~ ~t Congress asse, mbZe~ That seation 816 of the Fai~ Housing Ac~ is mended by adding at the end "No~_.h_i_nig in titis title shah be eongtrued to invalidate or limit any reasonable local or 8tat~ law or regulation govening residential care facilities, including 7 laws and regulations governing the prox4.~;ty of suah fa- 8 eiliti~..~ tn e~ch other, the maxhwrm allowable number 9 occupants, whether rclatcd or unrelated, of such a facility 10 or o~er dweBing, or the owner~hlp~ use, or occupancy ~PR-16-g6 TUE O9:Og LEAGUE OF Oh CITIES FAX NO, CITY QF 9.9. I.~.9. ~ 916~588240 9166588240 P. 03/06 N0.02~ 2 1 a nsiclen~i~l ears faeility by a convicted felon, reZistered 2 sex offenae=, or reeovering aru6 addict. As ued in 'ads 3 SOur[On, the term 'residential care faulty' mean* a }mild- 4 htg or place th~xt is maimained and operaled to provide 5 Sleeping accommodation.s, with or without fe&l service, ~o 6 d/sabled individuals.". · r, APR-16-96 TUE 09:08 LEAGUE OF CA CITIES FAX NO. 91666882440 P. 0,I/06 OFFICE O~ mE MAYOg San Marco. Cdifomia ~H0~.1388 (41~t) 3TJ'-3423 TDI) (41~) :ff7-~20 Senator Dianne Fainstein Hart Building At331 U.S. Senate Washington, D.C. 20510 RE: HR 2927 - RESIDI~NTIAL CARE FACILITIES Dear Senator Fainstein, This bill would aJlow local governments to exercise greater control over the location and occupancy of residential cer~ facilltle~. Presently, ther~ are few restrictions on the location of residential care facilities and as a result certain neighborhoods in our City are faced with a large ~-oneontration of theGo fooilitiOe. In some cocoa, there are four or five facilities toested on one block. The City has received numerous complaints from residents regarding residential care radiities, but tu~s been un'dble to address ~itizen con,.;erns because current laws have proerupted local action. San Mateo residents are concerned that the high concentration of residential care facifities is changing the character of residential neighborhoods. By giving ]coal governments reasonable regulation over re.qidrmthql c,qr~ facilities, Congressman Bilbray's legislation would allow the City to prevent the continued overconcentration of residential care facilities in its communities. y,/93Js'ge you to ~UDpo~t HR 99~7, ~;ncarely, CO: san Mateo City Council League of Calliornla Citiod'f/ United Homeowners Association APR-16-98 TUE 09:0~ LEaGUE.OF e~ ¢ITIE~ FAX NO. 91666882~0 P, 06/06 ITY OF: STOCKTON OFFtCm O!s I'HE~ CITY COUNCIL JOAN OArlI:IAH March 5, 1996 IDENTICAL LETTER SENT TO: Congressman Riohard W. Pombo 1519 Longworth Building Washington, D.C. 20615 HR l-q77 Congressman Gary Condit ~123 Longworth Building Senator Dianne Feinste~n 331 Hart Building 2Q~t0 SenatOr Barbara Boxer 112 Har= Building The Stockton City Council would like to state its support for HR 2927 {Bilbray). Congressional legislatio, has been introduced which would allow local governments to exercise reasonable regulation over residential cam facilities. This legislation would allow reasonable regulations over the proximity, oooupanoy levels, and the placement of sex offenders and rocovcring drug addicts, This issue has been important to California communities and particularly to the City of Stockton, The Stockton City Council recently had heard testimony from the public regarding the overconcentration of group homes in Stock-ton. The citizens complained that the preponderanoe of group homes in their residential neighborhoods have lowered their property value and have disturbed/Its tranquillW of their nelghberhoods, They expressed frustration in the lack of local control over the siting and operation of these facilities, We believe that passage of this legislatlorL would give back to local governments a modicum of the land uso authority over community care facilities which have been lost over the past decade. For this reason, the Stockton City Council supports HR 2927. JOAN DARRAH MAYOR JD:sr cc: Congressman Brlan 8ilbray League of California CIties Stockton City Council Joh, C,rlson. Community Development Director e:\wpwin~l~legidL96~hr2927 · ,~IT~3CKTON...I=ALIFCIIIINIA*I llil,/NRIle 8iAPQFIT~, A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA SUPPORTING HOUSE RESOLUTION 2927 WHICH AMENDS THE FAIR HOUSING ACT REGARDING LOCAL LAWS AND REGULATIONS GOVERNING RESIDENTIAL CARE FACILITIES WHEREAS, local control is the bulwark of our federal system and local government is the branch of government most in tune with the needs of local residents; and WHEREAS, House Resolution 2927 seeks to strengthen local control by giving local governments more say in regulating residential care facilities; and WHEREAS, while everyone joins in recognizing the importance of residential care facilities as a valuable tool for rehabilitation, that fact must be balanced with the needs of existing residents; and WHEREAS, local governments like Rancho Cucamonga are best able to determine local needs and identify appropriate locations to accommodate residential care facilities; and WHEREAS, House Resolution 2927 recognizes the necessity of local governments role in this matter by allowing reasonable local and state regulations governing such things as the proximity of such facilities to each other, the maximum number of allowable occupants, or the ownership, use, or occupancy of a residential care facility by a convicted felon, registered sex offender, or recovering drug addict. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby support the passage of House Resolution 2927 and its recognition of local governments rightful role in regulating residential care facilities, and further resolves that the City Clerk should cause a copy of this resolution to be forwarded to our local Members of Congress and I.United States Senators so that they might know of our support for this legislation. CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: BY: SUBJECT: May 1, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager _ William J. O'Neil, City Engineer~.,~tl (L_.// Betty A. Miller, Associate Engineer CITY COUNCIL AGENDA FOR MAY 1, 1996, ITEM D-5 - SUMMARY VACATION OF A 30-FOOT EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE - APN 1061-801-06 AND 07 The City Attomey has asked us to revise the wording of Section 3 of the subject Resolution as follows: "SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record pursuant to Tract 11626." WJO:BAM:dlw RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EMERGENCY FIRE ACCESS EASEMENT ON TWO LOTS AT THE SOUTHWEST CORNER OF LAREDO PLACE AND LARAMIE DRIVE WHEREAS, by Chapter 4, Article 1, Section 8333(c), of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate an emergency fire access easement hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that the emergency fire access easement is no longer required because tract improvements have been completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the emergency fire access easement, V-135, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said emergency fire access easement, located southwest of Laredo Place and Laramie Drive, no longer constitutes a public fire access easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record pursuant to Tract 11626. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California.